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THE FEDERAL AND STATE
CONSTITUTIONS
COLONIAL CHARTERS, AND OTHER
ORGANIC LAWS >
OF THE
STATES, TERRITORIES, AND
COLONIES
NOW OR HERETOFORE FORMING
THE UNITED STATES OF AMERICA
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, XVIH, XIX,
XX; Author of The Government of the People of the
United States; Benfamin Franklin and the University
of Pennsylvania; The Life of William Pepper, etc.
VOL. VII
Virginia — Wyoming — Index
WASHINGTON
GOVERNMENT PRINTING OFFICE
1909
VIRGINIA
GRANT TO SIR WALTER RALEIGH— 1584
(See page 53.)
THE FIRST CHARTER OF VIRGINIA— 1606 *
James, by the Grace of God, King of England^ Scotland., France
and Ireland., Defender of the Faith, &€. Whereas our loving and
well-disposed Subjects, Sir Thomas Gates., and Sir George Somers.,
Knights, Richard HacMuit, Clerk, Prebendary of Westminster., and
Edward-Maria Wingfleld., Thomas Hanham,., and Ralegh Gilbert.,
Esqrs. William Parker., and George Popham., Gentlemen, and divers
others of our loving Subjects, have been humble Suitors unto us, that
We would vouchsafe unto them our Licence, to make Habitation,
Plantation, and to deduce a colony of sundry of our People into that
part of America commonly called Virginia, and other parts and
Territories in Afnerica, either appertaining unto us, or which are not
now actually possessed by any Christian Prince or People, situate,
lying, and being all along the Sea Coasts, between four and thirty
Degrees of Northerly Latitude from the Equinoctial Line, and five
and forty Degrees of the same Latitude, and in the main Land
between the same four and thirty and five and forty Degrees, and the
Islands thereunto adjacent, or within one hundred Miles of the Coast
thereof ; ■
And to that End, and for th'e more speedy Accomplishment of
their said intended Plantation and Habitation there, are desirous to
divide themselves into two several Colonies and Companies; the one
consisting of certain Knights, Gentlemen, Merchants, and other
Adventurers, of our City of London and elsewhere, which are, and
from time to time shall be, joined unto them, which do desire to
begin their Plantation and Habitation in some fit and convenient
Place, between four and thirty and one and forty Degrees of the said
Latitude, alongst the Coasts of Virginia, and the Coasts of Am.erica
aforesaid: And the other consisting of sundry Knights, Gentlemen,
Merchants, and "other Adventurers, of our Cities of Bristol and
Exeter, and of our Town of PUmovth, and of other Places, which do
join themselves unto that Colony, which do desire to begin their
Plantation and Habitation in some fit and convenient Place, between
eight and thirty Degrees and five and forty Degrees of the said
* Hening's Statutes of Virginia, I, 57-66.
3783
3784 Virginia— 1606
Latitude,, all alongst the said Coasts of Virginia and America, as that
Coast lyeth :
We, greatly commending, and graciously accepting of, their Desires
for the Furtherance of so noble a Work, which may, by the Provi-
dence of Almighty God, hereafter tend to the Glory of his Divine
Majesty, in propagating of Christian Religion to such People, as yet
live in Darkness and miserable Ignorance of the true Knowledge and
Worship of God, and may in time bring the Infidels and Savages,
living in those parts, to human Civility, and to a settled and quiet
Government : DO, by these our Letters Patents, graciously accept of,
and agree to, their humble and well-intended Desires ;
And do therefore, for Us, our Heirs, and Successors, Grant and
agree, that the said Sir Thomas Gates, Sir George Somers, Richard
EacMuit, and Edward- Maria Wingfield, Adventurers of and for our
City of London., and all such others, as are, or shall be, joined unto
them of that Colony, shall be called the first Colony ; And they shall
and may begin their said first Plantation and Habitation, at any
Place upon the said Coast of Virginia or America^ where they shall
think fit and convenient, between the said four and thirty and one and
forty Degrees of the said Latitude ; And that thej^ shall have all the
Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals,
Marshes, Waters, Fishings, Commodities, and Hereditaments, what-
soever, from the said first Seat of their Plantation and Habitation by
the Space of fifty Miles of English Statute Measure, all along the
said Coast of Virginia and America, towards the West and Southwest,
as the Coast lyeth, with all the Islands within one hundred Miles
directly over against the same Sea Coast; And also all the Lands,
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,
Waters, Marshes, Fishings, Commoditites, and Hereditaments, what-
soever, from the said Place of their first Plantation and Habitation
for the space of fifty like English Miles, all alongst the said Coasts of
Virginia and Ainerica, towards the East and Northeast, or towards
the North, as the Coast lyeth, together with all the Islands within
one hundred Miles, directly over against the said Sea Coast; And
also all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Her-
editaments, whatsoever, from the same fifty Miles every way on the
Sea Coast, directly into the main Land by the Space of one hundred
like English Miles; And shall and may inhabit and remain there;
and shall and may also build and fortify within any the same, for
their better Safeguard and Defence, according to their best Discre-
tion, and the Discretion of the Council of that Colony ; And that no
other of our Subjects shall be permitted, or suffered, to plant or
inhabit behind, or on the Backside of them, towards the main Land,
without the Express License or Consent of the Council of that Colony,
thereunto in AVriting first had and obtained.
And we do likewise, for Us, our Heirs, and Successors, by these
Presents, Grant and agree, that the said Thomas Hanham, and
Ralegh Gilhert, William Parker, and George Popham, and all others
of the Town of Plimouth in the County of Deoon, or elsewhere,
which are, or shall be, joined unto them of that Colony, shall be
called the second Colony; And that they shall and may begin their
said Plantation and Seat of their first Abode and "Habitation, at any
Place upon the said Coast of Virginia and America, where they shall
Virginia— 1606 3785
think fit and convenient, between eight and thirty Degrees of the said
Latitude, and five and forty Degrees of the same Latitude ; And that
they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities,
and Hereditaments, whatsoever, from the first Seat of their Planta-
tion and Habitation by the Space of fifty like English Miles, as is
aforesaid, all alongst the said Coasts of Virginia and America,
towards the West and Southwest, or towards the South, as the Coast
lyeth, and all the Islands within one hundred Miles, directly over
against the said Sea Coast; And also all the Lands, Soils, Grounds,
Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters,
Fishings, Commodities, and Hereditaments, whatsoever, from the
said Place of their first Plantation and Habitation for the Space of
fifty like Miles, all alongst the said Coast of Virginia and America,
towards the East and Northeast, or towards the North, as the Coast
lyeth, and all the Islands also within one hundred Miles directly over
against the same Sea Coast ; And also all the Lands, Soils, Grounds,
Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters,
Fishings, Commodities, and Hereditaments, whatsoever, from the
same fifty Miles every way on the Sea Coast, directly into the main
Land, by the Space of one hundred like English Miles; And shall
and may inhabit and remain there; and shall and may also build
and fortify within any the same for their better Safeguard, accord-
ing to their best Discretion, and the Discretion of the Council of that
Colony; And that none of our Subjects shall be permitted, or suf-
fered, to plant or inhabit behind, or on the back of them, towards the
main Land, without express Licence of the Council of that Colony,
in Writing thereunto first had and obtained.
Provided always, and our Will and Pleasure herein is, that the
Plantation and Habitation of such of the said Colonies, as shall last
plant themselves, as aforesaid, shall not be made within one hundred
like English Miles of the other of them, that first began to make their
Plantation, as aforesaid.
And we do also ordain, establish, and agree, for Us, our Heirs,
and Successors, that each of the said Colonies shall have a Council,
which shall govern and order all Matters and Causes, which shall
arise, grow, or happen, to or within the same several Colonies, accord-
ing to such Laws, Ordinances, and Instructions, as shall be, in that
behalf, given and signed with Our Hand or Sign Manual, and pass
under the Privy Seal of our Realm of England^' Each of which Coun-
cils shall consist of thirteen Persons, to be ordained, made, and
removed, from time to time, according as shall be directed and com-
prised in the same instructions; And shall have a several Seal, for
all Matters that shall pass or concern the same several Councils;
Each of which Seals, shall have the King's Arms engraven on the
one Side thereof, and his Portraiture on the other ; And that the Seal
for the Council of the said first Colony shall have engraven round
about, on the one Side, these AVords; Sigillum Regis Magnce Britan-
nia?, Fra.ncim, <& Hihernice; on the other Side this Inscription round
about ; Pro GonciUo primce Colonicje Virginian. And the Seal for the
Council of the said second Colony shall also have engraven, round
about the one Side thereof, the aforesaid Words; Sigillum Regis
MagncB Britannice, Francia\ rf* Hihernice; and on the other Side; Pro
Concilio secundm Colonioe Virginice:
3786 Virginia— 1606
And that also there shall be a Council, established here in England,
which shall, in like manner, consist of thirteen Persons, to be, for
that Purpose, appointed by Us, our Heirs and Successors, which shall
be called our Council of Virginia; And shall, from time to time, have
the superior Managing and Direction, only of and for all Matters
that shall or may concern the Government, as well of the said several
Colonies, as of and for any other Part or Place, within the aforesaid
Precincts of four and thirty and five and forty Degrees abovemen-
tioned ; AAHiich Council shall, in like manner, have a Seal, for Matters
concerning the Council or Colonies, with the like Arms and Por-
traiture, as aforesaid, with this inscription, engraven round about on
the one Side; Slgilluin Regis Magna' Britannice, Francia', d; Hiher-
nice; and round about on the other Side, P?'o Concilio fuo Virginian
And moreover, we do Grant and agree, for Us, our Heirs and Suc-
cessors ; that that the said several Councils of and for the said several
Colonies, shall and lawfully may, by Virtue hereof, from time to time,
without any Interruption of Us, our Heirs or Successors, give and
take Order, to dig, mine, and search for all Manner of Mines of
Gold, Silver, and Copper, as well within any Part of their said sev-
eral Colonies, as of the said main Lands on the Backside of the same
Colonies; And to Have and enjoy the Gold, Silver, and Copper, to
be gotten thereof, to the Use and Behoof of the same Colonies, and
the Plantations thereof; Yielding therefore to Us, our Heirs and
Successors, the fifth Part only of all the same Gold and Silver, and
the fifteenth Part of all the same Copper, so to be gotten or had, as
is aforesaid, without any other Manner of Profit or Account, to be
given or yielded to Us, our Heirs, or Successors, for or in Respect
of the same :
And that they shall, or lawfully may, establish and cause to be
made a Coin, to pass current there between the people of those sev-
eral Colonies, for the more Ease of Traffick and Bargaining between
and amongst them and the Natives there, of such Metal, and in such
Manner and Form, as the said several Councils there shall limit
and appoint.
And we do likewise, for Us, our Heirs, and Successors, by these
Presents, give full Power and Authority to the said Sir Thomas
Gates, Sir George Somers, Richard Hackltiit, Edvmrd-Maria Wing-
fleld, Thomas Hanham, Ralegh Gilbert, William Parher, and George
Popham, and to every of them, and to the said several Companies,
Plantations, and Colonies, that they, and ever}'' of them, shall and
may, at all and every time and times hereafter, have, take, and lead
an the said Voyage, and for and towards the said several Planta-
tions, and Colonies, and to travel thitherward, and to abide and
inhabit there, in every the said Colonies and Plantations, such and so
many of our Subjects, as shall willingly accompany them or any
of them, in the said Voyages and Plantations; With sufficient Ship-
ping, and Furniture of Armour, Weapons, Ordinance, Powder, Vict-
ual, and all other things, necessary for the said Plantations, and for
their Use and Defence there : Provided always, that none of the said
Persons be such, as shall hereafter be specially restrained by Us,
our Heirs, or Successors.
Moreover, we do, by these Presents, for Us, our Heirs, and Succes-
sors, Give and grant Licence unto the said Sir Thomas Gates, Sir
Virginia— J 606 3787
George Sorrhers^ Richard Hackluit^ Edward-Maria Wingfleld^ Thomas
Hanham^ Ralegh Gilbert^ William Parker^ and George Pofham^ and
to every of the said Colonies, that they, and every of them, shall and
may, from time to time, and at all times forever hereafter, for their
several Defences, encounter, expulse, repel, and resist, as well by Sea
as by Land, by all Ways and Means whatsoever, all and every such
Person or Persons, as without the especial Licence of the said several
Colonies and Plantations, shall attempt to inhabit within the said
several Precincts and Limits of the said several Colonies and Planta-
tions, or any of them, or that shall enterprise or attempt, at any time
hereafter, the Hurt, Detriment, or Annoyance, of the said several
Colonies or Plantations :
Giving and granting, by these Presents, unto the said Sir ThoTnas
Gates^ Sir George Soniers, Richard HacMuit^ Edward-Maria Wing-
field, ThomMS Hanharn, Ralegh Gilbert; William Parker, and George
Thomas Haham, Ralegh Gilbert, William Parker, and George Pop-
ham, and their Associates of the said second Colony, and to every of
them, from time, to time, and at all times for ever hereafter. Power
and Authority to take and surprise, by all Ways and Means whatso-
ever, all and everv Person and Persons, with their Ships, Vessels,
Goods, and other Furniture, which shall be found trafficking, into any
Harbour or Harbours, Creek or Creeks, or Place, within the Limits
or Precincts of the said several Colonies and Plantations, not being
of the same Colony, until such time, as they, being of any Realms,
or Dominions under our Obedience, shall pay, or agree to pay, to the
Hands of the Treasurer of that Colony, within whose Limits and Pre-
cincts they shall so traffick, two and a half u]Don every Hundred, of
any thing so by them trafficked, bought, or sold ; And being Strangers,
and not Subjects under our Obeysance, until they shall pay five upon
every Hundred, of such Wares and Merchandises, as they shall
traffick, buy, or sell, within the Precincts of the said several Colonies,
wherein they shall so traffick, buy, or sell, as aforesaid ; Which Sums
of Money, or Benefit, as aforesaid, for and during the Space of one
and twenty Years, next ensuing the Date hereof, shall be wholly
emploied to the Use, Benefit, and Behoof of the said several Planta-
tions, where such Traffick shall be made; And after the said one and
twenty Years ended, the same shall be taken to the Use of Us, our
Heires, and Successors, by such Officers and Ministers as by Us, our
Heirs, and Successors, shall be thereunto assigned or appointed.
And we do further, by these Presents, for Us, our Heirs and Suc-
cessors, Give and grant unto the said Sir Thomas Gates^ Sir George
Somers, Richard Tlackluit^ and Edward-Maria Wingfleld, and to
their Associates of the said first Colonj^ and Plantation, and to the
said Thomas Ilartham,, Ralegh Gilbert, William Parker^ and George
Popham^ and their Associates of the said second Colony and Planta-
tion, that they, and every of them, by their Deputies, Ministers, and
Factors, may transport the Goods, Chattels, Armour, Munition, and
Furniture, needful to l)e used by them, for their said Apparel. Food,
Defence, or otherwise in Respect of the said Plantations, out of our
Realms of England and Ireland, and all other our Dominions, from
time to time, for and during the Time of seven Years, next ensuing
the Date hereof, for the better Relief of the buid several Colonies and
3788 Virginia— 1606
Plantations, without any Customs, Subsidy, or other Duty, unto Us,
our Heirs, or Successors, to be yielded or j)ayed for the same.
Also we do, for Us, our Heirs, and Successors, Declare, by these
Presents, that all and every the Persons being our Subjects, which
shall dwell and inhabit within every or any of the said several Col-
onies and Plantations, and every of their children, which shall happen
to be born within any of the Limits and Precincts of the said several
Colonies and Plantations, shall have and enjoy all Liberties, Fran-
chises, and Immunities, within any of our other Dominions, to all
Intents and Purposes, as if they had been abiding and born, within
this our Realm of England^ or am^ other of our said Dominions.
Moreover, our gracious Will and Pleasure is, and we do, by these
Presents, for Us, our Heirs, and Successors, declare and set forth,
that if any Person or Persons, which shall be of any of the said
Colonies and Plantations, or any other, which shall traffick to the said
Colonies and Plantations, or any of them, shall, at any time or times
hereafter, transport any Wares, ]\Ierchandises, or Commodities, out
of any of our Dominions, with a Pretence to land, sell, or otherwise
dispose of the same, within any the Limits and Precincts of any of
the said Colonies and Plantations, and yet nevertheless, being at Sea,
or after he hath landed the same within any of the said Colonies and
Plantations, shall carr}'^ the same into any other Foreign Country,
with a Purpose there to sell or dispose of the same, without the
Licence of Us, our Heirs, and Successors, in that Behalf first had
and obtained; That then, all the Goods and Chattels of such Person
or Persons, so offending and transporting, together with the said
Ship or Vessel, wherein such Transportation was made, shall be for-
feited to Us, our Heirs, and Successors.
Provided always, and our Will and Pleasure is, and we do hereby
declare to all Christian Kings, Princes, and States, that if any Person
or Persons which shall hereafter be of any of the said several Col-
onies and Plantations, or any other, by his, their, or any of their
Licence and Appointment, shall, at any Time or Times hereafter,
rob or spoil, by Sea or Land, or do any Act of unjust and unlawful
Hostility to any the Subjects of Us, our Heirs, or Successors, or any
the Subjects of any King, Prince, Ruler, Governor, or State, being
then in League or Amitie with Us, our Heirs, or Successors, and that
upon such Injury, or upon just Complaint of such Prince, Ruler,
Governor, or State, or their Subjects, We, our Heirs, or Successors,
shall make open Proclamation, within any of the Ports of our Realm
of England., commodious for that purpose. That the said Person or
Persons, having committed any such robbery, or Spoil, shall, within
the term to be limited by such Proclamations, make full Restitution
or Satisfaction of all such Injuries done, so as the said Princes, or
others so complaining, may hold themselves fully satisfied and con-
tented; And, that if the said Person or Persons, having committed
such Robery or Spoil, shall not make, or cause to be made Satisfac-
tion accordingly, within such Time so to be limited, That then it
shall be lawful to Us, our Heirs, and Successors, to put the said
Person or Persons, having committed such Robbery or Spoil, and
their Procurers, Abettors, and Comforters, out of our Allegiance and
Protection ; And that it shall be lawful and free, for all Princes, and
Virginia— 1606 3789
others to pursue with hostility the said offenders, and every of them,
and their and every of their Procurers, Aiders, abettors, and com-
forters, in that behalf.
And finally, we do for Us, our Heirs, and Successors, Grant and
agree, to and with the said Sir Thomas Gates ^ Sir George Sorners,
Richard Hackluit, Edward-Maria Wing-field^ and all others of the
said first colony, that We, our Heirs and Successors, upon Petition
in that Behalf to be made, shall, by Letters Patent under the Great
Seal of England^ Give and Grant, unto such Persons, their Heirs and
Assigns, as the Council of that Colony, or the most part of them,
shall, for that Purpose, nominate and assign all the lands, Tenements,
and Hereditaments, which shall be within the Precincts limited for
that Colony, as is aforesaid. To be holden of Us, our heirs and
Successors, as of our Manor at East-Greenwich, in the County of
Kent, in free and common Soccage only, and not in Capite :
And do in like Manner, Grant and Agree, for Us, our Heirs and
Successors, to and with the said Thomas Hanham, Ralegh Gilbert,
William Parher, and George Popham, and ail others of the said sec-
ond Colony, That We, our Heirs, and Successors, upon Petition in
that Behalf to be made, shall, by Letters-Patent, under the Great
Seal of England, Give and (trant, unto such Persons, their Heirs
and Assigns, as the Council of that Colony, or the most Part of them,
shall for that Purpose nominate and assign, all the Lands, Tenements,
and Hereditaments, which shall be within the Precincts limited for
that Colony, as is aforesaid. To be holden of Us, our Heires, and
Successors, as of our Manor of East-Greemvich, in the County of
Kent, in free and common Soccage only, and not in Capite.
All which Lands, Tenements, and Hereditaments, so to be passed
by the said several Letters-Patent, shall be sufficient Assurance from
the said Patentees, so distributed and divided amongst the Under-
takers for the Plantation of the said several Colonies, and such as
shall make their Plantations in either of the said several Colonies, in
such Manner and Form, and for such Estates, as shall be ordered and
set down by the Council of the said Colony, or the most part of them,
respectively, within which the same Lands, Tenements, and Heredita-
ments shall lye or be; Although express Mention of the true yearly
Value or Certainty of the Premises, or any of them, or of any other
Gifts or Grants, by Us or any of our Progenitors or Predecessors, to
the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Rich-
ard HacMuit, Edward-Maria Wingfield, Thomas Hanham, Ralegh
Gilbert, William Parker, and George Popham, or any of them, here-
tofore made, in these Presents, is not made; Or any Statute, Act,
Ordinance, or Provision, Proclamation, or Pestraint, to the contrary
hereof had, made, ordained, or any other Thing, Cause, or Matter
whatsoever, in any wise notwithstanding. In Witness whereof, we
have caused these our Letters to be made Patent ; Witness Ourself at
Westminster, the tenth Day of April, in the fourth Year of our Reign
of England, France, and Ireland, and of Scotland the nine and
thirtieth.
LUKIN
Per breve de privato Sigillo.
3790 Virginia— 1609
THE SECOND CHARTER OF VIRGINIA— 1609 *
James, b}^ the Grace of God, King of England, Scotland, France,
and Ireland, Defender of the Faith, &c. To all, to whom these Pres-
ents shall come. Greeting. Whereas, at the humble Suit and Request
of sundry our loving and well-disposed Subjects, intending to deduce
a Colony, and to make Habitation and Plantation of sundry our
People in that Part of America, commonly called Virginia, and other
Parts and Territories in America, eitlier appertaining unto Us, or
which are not actually possessed of any Christian Prince or People,
Avithin certain Bounds and Regions, We have formerly, by our Let-
ters-patents, bearing Date the tenth Day of April, in the fourth Year
of our Reign of England, France, and Ireland, and of Scotland the
nine and thirtieth. Granted to Sir Tliomas Gates, Sir George Somers,
and others, for the more speedy Accomplishment of the said Planta-
tion and Habitation, that tliey should divide themselves into two
Colonies (the one consisting of divers Knights, Gentlemen, Mer-
chants, and others, of our City of London, called the First Colony;
And the other consisting of divers Knights, Gentlemen, and others,
of our Cities of Bristol, Exeter, and Town of Pliniouth, and other
Places, called the Second Colony). And have yielded and granted
many and sundry Privileges and Liberties to each Colony, for their
quiet settling and good Government therein, as by the said Letters-
patents more at large a])])earetli :
Xow, forasmuch as divers and sundr}^ of our loving Subjects, as
well Adventurers, as Phinters, of the said first Colony, which have
already engaged themselves in furthering the Business of the said
Colony and Plantation, and do further intend, by the Assistance of
Almighty God, to prosecute the same to a happy End, have of late
been humble Suitors unto Us, that (in Respect of their great Charges
and the Adventure of many of their Lives, which they have hazarded
in the said Discovery and Plantation of the said Country) We should
be pleased to grant them a further Enlargement and Explanation of
the said Grant, Privileges, and Liberties, and that such Counsellors,
and other Officers, may be appointed amongst them, to manage and
direct their Affairs, as are willing and ready to adventure with them,
as also whose Dwellings are not so far remote from the City of
London, but they may, at convenient Times, be ready at Hand, to give
their Advice and Assistance, upon all Occasions requisite.
We greatly affecting the effectual Prosecution and happy success
of the said Plantation, and commending their good desires therein,
for their further Encouragement in accomplishing so excellent a
Work, much pleasing to (Jod, and profitable to our Kingdom, do of
our especial Grace, and certain Knowledge, and mere Motion, for
Us, our Heirs, and Successors, Give, Grant, and Confirm, to our
trusty and well beloved Subjects, Robert, Earl of Salisbury, Thomas,
Earl of Suffolk, Henry, Earl of Southampton, William, Earl of
Pembroke, Henry, Earl of Lincoln, Earl of Dorset, Thomas, Earl of
Exeter, Philip, Earl of Montgomery, Robert, Lord Viscount Lisle,
Theophilus, Lord Howard of Walden, James Montague, Lord Bishop
of Bath and Wells, Edward, Lord Zouche, Thomas, Lord LaAvarr,
* Hening's Statutes of Virginia, I. 80-98
Virginia— 1609 3791
William, Lord Mounteagle, Ealph, Lord Ewre, Edmond, Lord Shef-
field, Grey, Lord Chandois, Lord Compton, John, Lord Petre, John,
Lord Stanhope, George, Lord Carew, Sir Humphry AVeld, Lord
Mayor of London, George Piercy, Esq. Sir Edward Cecil, Knt.
Sir George Wharton, Knt. Francis West, Esq. Sir William Wade,
Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver
Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt. Sir
Peter Scott, Knt. Sir Thomas Challoner, Knt. Sir Eobert Drury,
Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward
Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt.
Sir Robert Maunsel, Knt. Sir Amias Preston, Knt. Sir Thomas
Gates, Knt. Sir Anthony Ashley, Knt. Sir Michael Sandys, Knt.
Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir Callisthenes
Brooke, Knt. Sir Edward Michelborn, Knt. Sir John Ratcliffe, Knt.
Sir Wilmot, Knt. Sir George Moore, Knt. Sir Hugh Wiral, Knt.
Sir Thomas Dennis, Knt. Sir John Holies, Knt. Sir William Godol-
phin, Knt. Sir Thomas Monson, Knt. Sir Thomas Ridgwine, Knt.
Sir John Brooke, Knt. Sir Robert Killigrew, Knt. Sir Henry Peyton,
Knt. Sir Richard Williamson, Knt. Sir Ferdinando Weynman, Knt.
Sir William St. John, Knt. Sir Thomas Holcroft, Knt. Sir John
Mallory, Knt. Sir Roger Ashton, Knt. Sir AValter Cope, Knt. Sir
Richard Wigmore, Knt. Sir William Cocke, Knt. Sir Herbert Crofte,
Knt. Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis
AVollej^, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seckford,
Knt. Sir Edwin Sandys, Knt. Sir Thomas Waynam, Knt. Sir John
Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth, Knt.
Sir John Townshend, Knt. Sir Christopher Perkins, Knt. Sir Daniel
Dun, Knt. Sir Henry Hobert, Knt. Sir Francis Bacon, Knt. Sir
Henry Montague, Knt. Sir George Coppin, Knt. Sir Samuel Sandys,
Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Thomas
Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt.
Sir Baptist Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey,
Knt. Sir William Romney, Knt. Sir Thomas Middleton, Knt. Sir
Hatton Cheeke, Knt. Sir John Ogle, Knt. Sir Cavellero Meycot,
Knt. Sir Stephen Riddleson, Knt. Sir Thomas Bludder, Knt. Sir
Anthony Aucher, Knt. Sir Robert Johnson, Knt. Sir Thomas Pan-
ton, Knt. Sir Charles Morgan, Knt. Sir Stephen Pole, Knt. Sir John
Burlacie, Knt. Sir Christopher Cleave, Knt. Sir George Hayward,
Knt. Sir Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony
Forrest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir
Dudley Digges, Knt. Sir FoAvland Cotton, Knt. Dr. Matthew Sut-
cliffe. Dr. Meadows, Dr. Turner, Dr. Poe, Captain Pagnam, Captain
Jeffrey Holcrofte, Captain Romney, Captain Henry Spry, Captain
Shelton, Captain Sparks, Captain Thomas Wyat, Captain Brinsley,
Captain William Courtney, Captain Herbert, Captain Clarke, Cap-
tain Dewhurst, Captain John Blundell, Captain Fryer, Captain
Lewis Orwell, Captain Edward Lloyd, Captain Slingsby, Captain
Hawley, Captain Orme, Captain Woodhouse, Captain Mason, Ca])-
tain Thomas Holcroft, Captain John Coke, Captain Holies, Captain
William Proud, Captain Henry Woodftouse, Captain Richard Linde-
sey. Captain Dexter, Captain William Winter, Captain Pearse, Cap-
tain John Bingham, Captain Burray, Captain Thomas Conway.
Captain Rockwood, Captain William Lovelace, Captain John Ashley,
Captain Thomas Wynne, Captain Thomas Mewtis, Captain Edward
3792 Virginia— 1609
Harwood, Captain Michael Everard, Captain Comock, Captain Mills,
Captain Pigot, Captain Edward-Maria Wingfield, Captain Christo-
pher Newport, Captain John Sicklemore, alias Ratcliffe, Captain
John Smith, Cajjtain John Martin, Captain Peter Wynne, Captain
AValdo, Captain Thomas Wood, Captain Thomas Button, George
Bolls, Esq. Sheriff of London, William Crashaw, Clerk, Batchelor of
Divinity, William Seabright, Esq. Christopher Brooke, Esq. John
Bingley, Esq. Thomas Watson, Esq. Eichard Percival, Esq. John
Moore, Esq. Hugh Broker, Esq. David Woodhouse, Esq. Anthony
Aucher, Esq. Robert Boyer, Esq. Ralph E^vens, Esq. Zachary Jones,
Esq. George Cah^ert, Esq. William Dobson, Esq. Henry Reynolds,
Esq. Thomas Walker, Esq. Anthony Barnars, Esq. Thomas Sandys,
Esq. Henry Sandys, Esq. Richard Sandys, Esq. Son of Sir Edwin
Sandys, William Oxenbridge, Esq. John J^Ioore, Esq. Thomas Wilson,
Esq. John Bullock. Esq. John Waller, Esq. Thomas Webb, Jehu
Robinson, William Brewster. Robert Evelyn, Plenry Danby, Rich-
ard Hackluit, Minister, John Eldrid, Merchant, William Russel, Mer-
chant, John Merrick, Merchant, Richard Banister, Merchant, Charles
Anthony, Goldsmith, John Banks, William Evans, Richard Humble,
Richard Chamberlayne, Merchant, Thomas Barber, Merchant, Rich-
ard Pomet, Merchant, John Fletcher, Merchant, Thomas Nicholls,
Merchant, John Stoke, Merchant, Gabriel Archer, Francis Covel,
William Bonham, EdAvard Harrison, John Wostenholme, Nicholas
Salter, Hugh Evans, William Barnes, Otho Mawdet, Richard Staper,
Merchant, John Elkin, ]\Ierchant, William Coyse, Thomas Perkin,
Cooper, Humphrey James, Cooper, Henry Jackson, Robert Single-
ton, Christopher Nicholls, John Harper, Abraham Chamberlayne,
Thomas Shipton, Thomas Carj^enter, Anthony Crew, George Hol-
man, Robert Hill, Cleophas Smith, Ralph Harrison, John Farmer,
James Brearly, William Crosby, Richard Cox, John Gearing, Rich-
ard Strongarm, Ironmongers, Thomas Langton, Griffith Hinton,
Richard Ironside, Richard Dean, Richard Turner, William Lawson,
Mercer, James Chatfield, Edward Allen Tedder, Robert Hildebrand
Sprinson, Arthur ]Mouse, John Gardiner, James Russell, Richard
Caswell, Richard Evans, John Hawkins, Richard Kerril, Richard
Brooke, Matthew Screvener, Gentleman, AVilliam Stallenge, Gentle-
man, Arthur Venn, Gentleman, Sandys Webbe, Gentleman, Michael
Phetiplace, Gentleman, William Phetiplace, Gentleman, Ambrose
Prusey, Gentleman, John Taverner, Gentleman, George Pretty, Gen-
tleman, Peter Latham, Gentleman. Thomas Montford, Gentleman,
William Centrel, Gentleman, Richard Wiffin, Gentleman, Ralph
Moreton, Gentleman, John Cornelius, Martin Freeman, Ralph Free-
man, Andrew Moore. Thomas AAHiite, Edward Perkin, Robert Offley,
Thomas AVhitley, George Pit, Robert Parkhurst, Thomas Morris,
Peter Harloe, Jeffry Duppa, John Gilbert, William Hancock. Mat-
thew Brown, Francis Tyrrel, Randolph Carter, Othowell Smith.
Thomas Hammond, Martin Bond, Haberdasher, John Moulsoe,
Robert Johnson, Wiliam Young, John Woodal, William Felgate,
Ilumfrey Westwood, Richard Champion, Henry Robinson, Francis
Mapes, William Sambach, Ralegh Crashaw, Daniel Tucker, Thomas
Grave, Hugh Willeston, Thomas Culpepper, of Wigsel, Esq. John
Culpepper, Gentleman, Henry Lee, Josias Kerton, Gentleman, John
Pory, Gentleman, Henry Collins, George Burton, William Atkin-
son,' Thomas Forest, John Russel, John Holt, Harman Harrison.
Virginia— 1609 3793
Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward
Fleetwood, Gentleman, Richard Rogers, Gentleman, Arthur Robin-
son, Robert Robinson, John Huntley, John Gray, William Payne,
William Field, William Wattey, William Webster, John Dingley,
Thomas Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William
More, Nicholas Gryce, James Monger, Nicholas Andrews, Jeremy
Haydon, Ironmonger, Philip Durette, John Quarles, John West,
Matthew Springham, John Johnson, Christopher Hore, Thomas
Snead, George Berkeley, Arthur Pet, Thomas Careles, William
Berkley, Thomas Johnson, Alexander Bents, Captain William King,
George Sandys, Gentleman, James Wliite, Gentleman, Edmond
Wynne, Charles Towlar, Richard Reynold, Edward Webb, Richard
Maplesden, Thomas Lever, David Bourne, Thomas Wood, Ralph
Hamer, Edward Barnes, Mercer, John Wright, Mercer, Robert Mid-
dleton, Edward Littlefield, Katharine West, Thomas Web, Ralph
King, Robert Coppin, James Askew, Christopher Holt, William
Bardwell, Alexander Chiles, Lewis Tate, Edward Ditchfield, James
Swifte, Richard Widdowes, goldsmith, Edmond Brudenell, Edward
Burwell, John Hansford, Edward Wooller, William Palmer, haber-
dasher, John Badger, John Hodgson, Peter Mounsel, John Carril,
John Bushride, William Dun, Thomas Johnson, Nicholas Benson,
Thomas Shipton, Nathaniel Wade, Randal Wetwood, Matthew De-
quester, Charles Hawkins, Hugh Hammersley, Abraham Cartwright,
George Bennet, William Cater, Richard Goddard, Henry Cromwell,
Phineas Pet, Robert Cooper, John Cooper, Henry Newce, Edward
Wilkes, Robert Bateman, Nicholas Farrar, John Hewhouse, John Ca-
son, Thomas Harris, Gentleman, George Etheridge, Gentleman,
Thomas Mayle, Gentleman, Richard Stafford, Thomas , Rich-
ard Cooper, John Westrow, Edward Welch, Thomas Britain, Thomas
Knowles, Octavian Thorne, Edmond Smith, John March, Edward
Carew, Thomas Pleydall, Richard Let, Miles Palmer, Henry Price,
John Joshua, Gentleman, William Clauday, Jeremy Pearsye, John
Bree, Gentleman, William Hampson, Christopher Pickford, Thomas
Hunt, Thomas Truston, Christopher Salmon, John Howard, clerk,
Richard Partridge, Allen Cassen, Felix Wilson, Thomas Bathurst,
George Wilmer, Andrew Wilmer, Maurice Lewellin, Thomas God-
win, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert
Smith, Merchant Taylor, Edward Cage, grocer, Thomas Cannon,
Gentleman, AVilliam Welby, stationer, Clement Wilmer, Gentleman,
John Clapham, Gentleman, Giles Francis, Gentleman, George
Walker, sadler, John Swinhow, stationer, Edward Bishop, stationer,
Leonard White, Gentleman, Christopher Baron, Peter Benson, Rich-
ard Smith, George Proctor, minister, Millicent Ramsdent, widow,
Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton,
John Davis, Edward Facet, George Newce, Gentleman, John Rob-
inson, Captain Thomas Wood, William Brown, shoemaker, Robert
Barker, shoemaker, Robert Pennington, Francis Burley, minister,
William Quick, grocer, Edward Lewis, gTocer, Laurence Campe,
draper, Aden Perkins, grocer, Richard Shepherd, preacher, William
Sherley, haberdasher, William Taylor, haberdasher, Edwin Lukin,
Gentleman, John Franklyn, haberdasher, John Southwick, Peter
Peate, George Johan, ironmonger, George Yeardley, Gentleman,
Henry Shelly, John Prat, Thomas Church, draper, William Powel,
3794 Virginia— 1609
Gentleman, Richard Frith, Gentleman, Thomas "Wheeler, draper,
Francis Haslerig, Gentleman, Hugh Shipley, Gentleman, John An-
drews, the Elder, Doctor of Camhridge^ Francis "NA^iistler, Gentleman,
Jhon Vassal, Gentleman, Richard Howie, Edward Berkeley, Gen-
tleman, Richard Keneridgburg-, Gentleman, Nicholas Exton, draper,
William Bennet, fishmonger, James Haywood, Merchant, Nicholas
Isaac, Merchant, William Gibbs, Merchant, Bishop, Bernard
Mitchel, Isaac Mitchel, John Streate, Edward Gall, John Martin,
Gentleman, Thomas Fox, Lnke Lodge, John Woodliffe, Gentleman,
Richard Webb, Vincent Loav, Samnel Burnham, Edmund Pears,
haberdasher, John Googe, John St. John, Edward Vaughan, William
Dunn, Thomas Alcocke, John Andrews, the younger, of Camhridge,
Samuel Smith, Thomas Gerrard, Thomas Whittingham, William
Canning, Paul Canning, George Chandler, Henry Vincent, Thomas
Ketley, James Skelton, James ISIountaine, George Webb, gentleman,
Joseph Newbridge, smith, Josiah Mand, Captain Ralph Hamer, the
younger, Edward Brewster, the son of William Brewster, Leonard
Harwood, mercer, Philip Druerdent, William Carpenter, Tristian
Hill, Robert Cock, grocer, Laurence Grecie, gi'ocer, Samuel Winch,
grocer, Humphry Stile, grocer, Avern Dransfield, grocer, Edward
Hodges, grocer, Edward Beale, grocer, Thomas Culler, grocer, Ralph
Busby, grocer, John Whittingham, grocer, John Hide, grocer, Mat-
thew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker,
grocer, Lawrence Munks, grocer, John Tanner, grocer, Peter Gate,
grocer, John Blunt, gi'ocer, Robert Phipps, grocer, Robert Berrisford,
grocer, Thomas Wells, grocer, John Ellis, grocer, Henry Colthurst,
grocer, John Cavady, grocer, Thomas Jennings, grocer, Edmond
Baseball, gi'ocer, Timothy Bathurst, grocer, Giles Parslow, grocer,
Robert Milmay, grocer, Richard Johnson, grocer, William Johnson,
vintner, Ezekiel Smith, Richard Martin, William Sharpe, Robert
Rich, William Stannard, innholder, John Stocken, William Strachey.
gentleman, George Farmer, gentleman, Thomas Gypes, cloth-worker,
Abraham Davies, gentleman, Thomas Brocket, gentleman, George
Bache, fishmonger, John Dike, fishmonger, Henry Spranger, Richard
Farrington, Christopher Vertue, vintner, Thomas Bayley, vintner,
George Robins, vintner, Tobias Hinson, grocer, Vrian Spencer,
Clement Chickeley, John Scarpe, gentleman, James Campbell, iron-
monger. Christian Clitheroe, ironmonger, Philip Jacobson, Peter
Jacobson, of Antwer]:), William Berkeley, Miles Banks, cutler, Peter
Higgons, grocer, Henry John, gentleman, John Stokley, merchant
taylor, the Company of Mercers, the Company of Grocers, the Com-
pany of Drapers, the Company of Fishmongers, the Company of
Goldsmiths, the Company of Skinners, the Company of Merchant-
Taylors, the Company of Haberdashers, the Company of Salters,
the Company of Ironmongers, the Company of Vintners, the Com-
pany of Clothworkers, the Company of Dyers, the Company of
Brewers, the Company of Leathersellers, the Company of Pewterers.
the Company of Cutlers, the Company of Whitebakers, the Company
of Wax-Chandlers, the Company of Tallow-Chandlers, the Company
of Armourers, the Company of Girdlers, the Company of Butchers,
the Company of Sadlers, the Company of Carpenters, the Company
of Cordwaynes, the Company of Barber-Chirurgeons, the Company
of Paintstainers, the Company of Curriers, the Company of Masons,
the Company of Plumbers, the Company of Innholders, the Com-
Virginia^WOO 3795
pany of Foiinders, the Company of Poulterers, the Company of
Cooks, the Company of Coopers, the Company of Tylers and Brick-
layers, the Company of Boyers, the Company of Fletchers, the Com-
pany of Blacksmiths, the Company of Joiners, the Company of
Weavers, the Company of Woolmen, the Company of Woodmongers,
the Company of Scriveners, the Company of Fruiterers, the Company
of Plasterers, the Company of Brownbakers, the Company of Sta-
tioners, the Company of Imbroiderers, the Company of Upholsterers,
the Company of Musicians, the Company of Turners, the Company
of Gardners, the Company of Basketmakers, the Company of
Glaziers, John Levet, Merchant, Thomas Nornicot, clothworker, Rich-
ard Venn, haberdasher, Thomas Scott, gentleman, Thomas Juxon,
merchant-taylor, George Hankinson, Thomas Seyer, gentleman, Mat-
thew Cooper, George Battler, gentleman, Thomas Lawson, gentle-
man, Edward Smith, haberdasher, Stephen Sparrow, John Jones,
merchant, Reynolds, Brewer, Thomas Plummer, merchant,
Jame Duppa, brewer, Rowland Coitmore, William Southerne, George
^^Tiitmore, haberdasher, Anthony Gosnold, the younger, John Allen,
fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gentleman,
John Hopkins, alderman of Bristol^ John Kettleby, gentleman, Rich-
ard Clene, goldsmith, George Hooker, gentleman, Robert Chening,
yeoman, and to such and so many as they do, or shall hereafter admit
to be joined with them, in the form hereafter in these presents ex-
pressed, whether they go in their Persons to be Planters there in the
said Plantation, or whether they go not, but adventure their monies,
goods, or Chatties, that they shall be one Body or Commonalty per-
petual, and shall have perpetual Succession and one common Seal to
serve for the said Body or Commonalty, and that they and their Suc-
cessors shall be known, called, and incorporated by the Name of The
Treasurer and Co'mpany of Adventurers and Planters of the City of
London^ for the first Colony in Virginia.
And that they and their Successors shall be from henceforth for-
ever enabled to take, acquire, and purchase by the Name aforesaid
(Licence for the same from Us, our Heirs, and Successors, first had
and obtained) any Manner of Lands, Tenements, and Hereditaments,
Goods and Chatties, within our Realm of England, and Dominion of
Wales.
And that they, and their Successors, shall likewise be enabled by
the Name aforesaid, to plead and be impleaded, before any of our
Judges or Justices in any of our Courts, and in any Actions or Suits
whatsoever.
And we. do also of our special Grace, certain Knowledge, and mere
Motion, give, grant and confirm, unto the said Treasurer and Com-
pany, and their Successors, under the Reservations, Limitations, and
Declarations hereafter expressed, all those Lands, Countries, and
Territories, situate, lying, and being in that Part of America., called
Virginia., from the Point of Land, called Cape or Point Comfort^ all
along the Sea Coast to the Northward, two hundred miles, and from
the said Point of Gape Comfort., all along the Sea Coast to the South-
ward, two hundred Miles, and all that Space and Circuit of Land,
lying from the Sea Coast of the Precinct aforesaid, up into the Land
throughout from Sea to Sea, West and Northwest; And also all the
Islands lying within one hundred Miles along the Coast of both Seas
of the Precinct aforesaid; Together with all the Soils, Grounds,
3796 Virginia— 1609
Havens, and Ports, Mines, as well Royal Mines of Gold and Silver,
as other Minerals, Pearls, and j^recious Stones, Quarries, Woods,
Rivers, Waters, Fishings, Commodities, Jurisdictions, Royalties,
Privileges, Franchises, and Preheminences within the said Terri-
tories, and the Precincts thereof, whatsoever, and thereto, and there-
abouts both by Sea and Land, being, or in any sort belonging or ap-
pertaining, and which We, by our Letters Patents, may or can grant,
in as ample Manner and Sort, as We, or any our noble Progenitors,
have heretofore granted to any Company, Body Politic or Corporate,
or to any Adventurer or Adventurers, Undertaker or Undertakers of
any Discoveries, Plantations, or Traffic, of, in, or into any Foreign
Parts whatsoever, and in as large and ample Manner, as if the same
were herein particularly mentioned and expressed; To have and to
HOLD, i^ossess and enjoy, all and singular the said Lands, Countries
and Territories, with all and singular other the Premises heretofore
by these Presents granted, or mentioned to be granted to them, the
said Treasurer and Company, their Successors and Assigns forever;
To the sole and j^roper Use of them, the said Treasurer and Company,
their Successors and Assigns forever ; To be holden of Us, our Heirs
and Successors, as of our Manor of East-Greenwich, in free and com-
mon Soccage, and not in Capite; Yielding and paying therefore, to
Us, our Heirs and Successors, the fifth Part only of all Ore of Gold
and Silver, that from Time to Time, and at all Times hereafter, shall
be there gotten, had, or obtained, for all Manner of Services.
And nevertheless, our Will and Pleasure is, and we do by these
Presents, charge and command, warrant and authorise, that the said
Treasurer, and Company, or their Successors, or the major Part of
them which shall be present and assembled for that Purpose, shall
from Time to Time, under their common Seal, Distribute, convey,
assign, and set over such particular Portions of Lands, Tenements,
and Hereditaments, by these Presents formerly granted unto such
our loving Subjects, naturally born, or Denizens, or others, as well
Adventurers as Planters, as by the said Company (upon a Commis-
sion of Survey and Distribution, executed and returned for that
Purpose) shall be nominated, appointed, and allowed; \\Tierein our
Will and Pleasure is, that Respect be had as well of the Proportion
of the Adventurer, as to the special Service, Hazard, Exploit, or
Merit of any Person so to be recompenced, advanced, or rewarded.
And forasmuch as the good and prosperous Success of the said
Plantation, cannot but chiefly depend next under the Blessing of
God, and the Support of our Royal Authority, upon the provident
and good Direction of the whole Enterprise, by a careful and under-
standing Council, and that it is not convenient, that all the Adven-
turers shall be so often drawn to meet and assemble, as shall be
requisite for them to have Meetings and Conference about the Affairs
thereof; Therefore we do ordain, establish and confirm, that there
shall be perpetually one Council here resident, according to the
Tenour of our former Letters-Patents; Which Council shall have a
Seal for the better Government and Administration of the said Plan-
tation, besides the legal Seal of the Company or Corporation, as in
our former Letters-Patents is also expressed.
And further, We establish and ordain. That Henry Earl of
Southampton, William Earl of Pembroke, Henry Earl of Lincoln,
Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord The-
Virginia— 1609 3797
ophillis Howard, James, Lord Bishop of Bath and Wells, Lord Ed-
ward Zouche, Thomas Lord Lawarr, William, Lord Moimteagle, Ed-
mund, Lord Sheffield, Gray, Lord Chandois, John, Lord Stanhope,
George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London,
Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas
Smith, Sir Oliver Cromwell, Sir Peter Manwood, Sir Thomas Chal-
loner. Sir Henry Hobert, Sir Francis Bacon, Sir George Coppin, Sir
John Scot, Sir Henry Carey, Sir Robert Drury, Sir Horatio Vere,
Sir Edward Conway, Sir Maurice Berkeley, Sir Thomas Gates, Sir
Michael Sandys, Sir Robert Mansell, Sir John Trevor, Sir Amias
Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killi-
grew. Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir
Henry Montague, Sir William Romney, Sir Thomas Roe, Sir Baptist
Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudley
Digges, Christopher Brooke, Esq. John Eldred, and John Wolsten-
holme shall be our Council for the said Company of Adventurers
and Planters, in Virginia.
And the said Thomas Smith, We do okdain to be Treasurer of the
said Company ; which Treasurer shall have Authority to give Order
for the Warning of the Council, and summoning the Company to
their Courts and Meetings.
And the said Council and Treasurer, or any of them shall be from
henceforth nominated, chosen, continued, displaced, changed, altered
and supplied, as Death, or other several Occasions shall require, out
of the Company of the said Adventurers, by the Voice of the greater
part of the said Company and Adventurers, in their Assembly for
that Purpose: Provided always. That every Counsellor so newly
elected, shall be presented to the Lord Chancellor of England, or to
the Lord High Treasurer of England, or to the Lord Chamberlain of
the Household of Us, our Heirs and Successors for the Time being,
to take his Oath of a Counsellor to Us, our Heirs and Successors, for
the said Company of Adventurers and Colony in Virginia. And we
do by these Presents, of our special Grace, certain Knowledge, and
mere Motion, for Us, our Heirs and Successors, grant unto the
said Treasurer and Company, and their Successors, that if it happen
at any Time or Times, the Treasurer for the Time being to be sick,
or to have any such Cause of Absence from the City of London,
as shall be allowed by the said Council, or the greater part of them
assembled, so as he cannot attend the affairs of that Company, in
every such Case, it shall and may be lawful for such Treasurer for
the Time being, to assign, constitute, and appoint one of the Council,
or Company, to be likewise allowed by the Council, or the gi-eater
Part of them assembled, to be the Deputy Treasurer of the said Com-
pany; Which Deputy shall have Power to do and execute all Things
which belong to the said Treasurer, during such Time as such Treas-
urer shall be either sick, or otherwise absent, upon Cause allowed
of by the said Council, or the major Part of them, as aforesaid, so
fully and wholly, and in as large and ample Manner and Form, to all
Intents and Purposes, as the said Treasurer if he were present him-
self, might or could do and execute the same.
And further, of our special Grace, certain Knowledge, and mere
Motion, for Us, our Heirs and Successors, we do, by these Presents,
Give and Grant full Power and Authorit}^ to our said Council here
resident, as well at this present time, as hereafter from time to time,
7535— VOL 7—09 2
3798 Virginia— 1609
to nominate, make, constitute, ordain and confirm, by such Name or
Names, Stiie or Stiles, as to them shall seem good, And likewise to
revoke, discharge, change, and alter, as well all and singular Gov-
ernors, Officers, and Ministers, which already have been made, as
also which hereafter shall be by them thought fit and needful to be
made or used for the Government of the said Colony and Plantation :
And also to make, ordain, and establish all Manner of Orders,
Laws, Directions, Instructions, Forms and Ceremonies of Govern-
ment and Magistracy, fit and necessary for and concerning the Gov-
ernment of the said Colony and Plantation; And the same, at all
Times hereafter, to abrogate, revoke, or change, not only within the
Precincts of the said Colony, but also upon the Seas, in going and
coming to and from the said Colony, as they in their good Discretion,
shall think to be fittest for the Good of the Adventurers and inhabit-
ants there.
And we do also declare, that for divers Reasons and Considera-
tions, Us thereunto especially moving, our Will and Pleasure is, and
We do hereby ordain, that immediately from and after such Time as
any such Governor or principal Officer, so to be nominated and
appointed by our said Council, for the Government of the said Colony
as aforesaid, shall arrive in Virginia., and give Notice unto the
Colony there resident, of our pleasure in this Behalf, the Government
Power and Authority of the President and Council heretofore by our
former Letters-patents there established, and all Laws and Constitu-
tions by them formerly made shall utterly cease and be determined;
And all Officers, Governors, and Ministers formerly constituted and
appointed, shall be discharged, anything in our former Letters-patents
concerning the said Plantation contained in any wise to the contrary
notwithstanding; Straightly charging and commanding the Presi-
dent and Council now resident in the said Colony upon their Allegi-
ance, after Knowledge given unto them of our Will and Pleasure by
these presents signified and declared that they forthwith be obedient
to such Governor or Governors as by our said Council here resident
shall be named and appointed as aforesaid, and to all -Directions,
Orders and Commandments which they shall receive from them, as
well in the present resigning and giving up of their Authority,
Offices, Charge and Places, as in all other Attendance as shall be by
them from time to time required.
And we do further by these presents Ordain and establish, that
the said Treasurer and Council here resident, and their successors or
any four of them being assembled (the Treasurer being one) shall
from time to time have full Power and Authority to admit and receive
any other Person into their Company, Corporation, and Freedom;
And further in a General Assembly of Adventurers, with the consent
of the greater part upon good Cause, to disfranchise and put out any
. Person or Persons out of the said Freedom or Company.
And we do also Grant and confirm for Us, our Heirs and Suc-
cessors, that it shall be lawful for the said Treasurer and Company
and their Successors by direction of the Governors there, to dig and
to search for all manner of Mines of Gold, silver. Copper, Iron, Lead,
Tin, and all sorts of Minerals, as well within the precinct aforesaid,
as Avithin and part of the main land not formerly granted to any
other; And to have and enjoy the Gold, Silver, Copper, Iron, Lead,
and Tin, and all other Minerals to be gotten thereby, to the use and
Virginia-^ieOO . 3799
behoof of the said company of Planters and Adventurers ; Yielding
thereof, and paying Yearly unto Us, our Heirs and Successors as
aforesaid.
And Ave do further of our special Grace, certain Knowledge, and
mere Motion for Us, our Heires, and Successors, Grant by these
presents, to and with the said Treasurer and Company, and their
Successors, that it shall be laAvful and free for them and their
Assigns, at all and every time and times hereafter, out of our Realm
of England, and out of all other our Dominions, to take and lead into
the said Voyages, and for and towards the said Plantation, and to
travel thitherwards and to abide and inhabit there in the said Colony
and Plantation, all such and so many of our loving Subjects, or any
other Strangers, that will become our loving Subjects, and live under
our Obedience, as shall willingly accompany them in the said Voyage
and Plantation; With sufficient Shipping, Armour, Weapons, Ordi-
nance, Munition, Powder, Shot, Victuals, and such Merchandises or
Wares as are esteemed by the wild People in those Parts, Cloathing,
Implements, Furniture, Cattle, Horses, and Mares, and all other
things necessary for the said Plantation, and for their Use, and
Defence, and Trade with the People there ; and passing and returning
to and fro; Without yielding or paying Subsidy, Custom, Impo-
sition, or any other Tax or Duty, to Us, our Heirs, or Successors,
for the space of seven Years from the Date of these Presents: Pro-
vided that none of the said Persons be such as shall be hereafter by
special name restrained by Us, our Heirs, and Successors.
And for their further Encouragement, of our special Grace and
Favour, we do by these Presents, for Us, our Heires, and Successors,
Yeild and Grant to and with the said Treasurer and Company, and
their Successors, and every of them, their Factors and Assigns, that
they and every of them shall be free of all Subsidies and Customs
in Virginia, for the space of one and twenty Years, and from all
Taxes and Impositions for ever upon any Goods or Merchandizes at
any Time or Times hereafter, either upon Importation thither, or
Exportation from thence into our Realm of England, or into any
other of our Realms or Dominions, by the said Treasurer and Com-
pany, and their Successors, and their Deputies, Factors, or Assigns,
or any of them : Except only the five Pounds per Cent, due for
Custom upon all such Goods and Merchandizes as shall be brought
or Imported into our Realm of England, or any other of these our
Dominions according to the antient Trade of Merchants; Which
five Pounds per Cent only being paid, it shall be thenceforth lawful
and free for the said Adventurers, the same Goods and Merchandizes
to export and carry out of our said Dominions into foreign Parts
without any Custom, Tax, or other Duty to be paid to Us, our Heires,
or Successors, or to any other our Officers or Deputies: Provided,
that the said Goods and Merchandizes be shipped out, within thirteen
Months after their first landing within any Part of those Dominions.
And we do also Grant and confirm to the said Treasurer and Com-
pany, and their Successors, as also to all and every such Governor,
or other Officers, and Ministers, as by our said Council shall be
appointed to have Power and Authority of Government and Com-
mand in and over the said Colony and Plantation; That they, and
every of them, shall and lawfully may from Time to Time and at all
Times for ever hereafter, for their several Defence and Safety,
3800 Virginia— 1609
encounter, expulse, repel, and resist by Force and Arms, as well by
Sea as by Land, and all Ways and Means whatsoever, all and every
such Person and Persons whatsoever as (without the special Licence
of the said Treasurer and Company and their Successors) shall
attempt to inhabit within the said several Precincts and Limits of
the said Colony and Plantation ; And also all and every such Person
and Persons whatsoever, as shall enterprize or attempt at any Time
hereafter. Destruction, Invasion, Hurt, Detriment, or Annoyance, to
the said Colony and Plantation, as is likewise specified in the said
former Grant:
And that it shall be lawful for the said Treasurer and Company,
and their Successors, and every of them from Time to Time, and at
all Times for ever hereafter, and they shall liave full Power and
Authority to take and surprize by all Ways and Means Avhatsoever,
all and every 'Person and Persons whatsoever, with their Ships,
Goods, and other Furniture, trafficking in any Harbour, Creek, or
Place, M'ithin the Limits or Precincts of the said Colony and Planta-
tion not being allowed by the said Company to be Adventurers or
Planters of the said Colony until such Time as they being of any
Eealms and Dominions under our Obedience, shall pay, or agree to
pay, to the Hands of the Treasurer, or of some other Officer deputed
by the said Governor of Virginia (over and above such Subsidy or
Custom as the said Company is or hereafter shall be to pay) five
Pounds per Cent, upon all Goods and Merchandises so brought in
thither, and also five per Cent, upon all Goods by them ship])ed out
from thence; And being Strangers and not under our Obedience
until they have paid (over and above such Subsidy and Custom, as
the said Treasurer and Company, or their Successors, is, or hereafter
shall be to pay) ten Pounds per Cent. \\\)0\\ all such Goods likewise
carried in and out, any Thing in the said former Letters-patents to
the contrary notwithstanding; And the same Su:ms of Money and
Benefit, aforesaid, for and during the space of one and twenty Years,
shall be wholly employed to the Benefit, Use, and Behoof of the said
Colony and Plantation; And after the said one and twenty Years
ended, the same shall be taken to the use of Us, our Heirs and Suc-
cessors, by such Officers and Ministers, as by Us, our Heirs or Suc-
cessors shall be thereunto assigned and appointed, as is specified in
the said former Letters-patents.
Also we do for Us, our Heirs and Successors, declare by these
Presents, that all and every the Persons being our Subjects, which
shall go and inhabit within the said Colony and Plantation, and
every their Children and Posterity, which shall happen to be born
Avithin any of the Limits thereof, shall have and enjoy all Liberties,
Franchizes, and Immunities of Free Denizens and natural Subjects
Avithin any of our other Dominions to all Intents and Purposes, as if
they had been abiding and born within this our Realm of England^
or in any other of our Dominions.
And forasmuch as it shall be necessary for all such our loving
Subject as shall inhabit within the said Precincts of Virginia afore-
said, to determine to live together in the Fear and true AVorship of
Almighty God, Christian Peace and Civil Quietness each with other,
whereby every one may with more Safety, Pleasure and Profit enjoy
that whereunto they shall attain with great Pain and Peril ; We for
Us, our Heirs, and Successors are likewise pleased and contented, and
Virginia— 1609 3801
by these Presents do give and grant unto the said Treasurer and
Company, and their Successors, and to such Governors, Officers, and
Ministers, as shall be by our said Council constituted and appointed
according to the Natures and Limits of their Offices and Places
respectively, that they shall and may from Time to Time, for ever
hereafter, within the said Precincts of Virginia., or in the way by
Seas thither and from thence, have full and absolute Power and
Authority to correct, punish, pardon, govern, and rule all such the
Subjects of Us, our Heires, and Successors as shall from Time to
Time adventure themselves in any Voyage thither, or that shall at
any Time hereafter, inhabit in the Precincts and Territories of the
said Colony as aforesaid, according to such Orders, Ordinances,
Constitutions, Directions, and Instructions, as by our said Council as
aforesaid, shall be established ; And in Defect thereof in case of Ne-
cessity, according to the good Discretions of the said Governor and
Officers respectively, as well in Cases capital and criminal, as civil,
both Marine and other; So always as the said Statutes, Ordinances
and Proceedings as near as conveniently may be, be agreeable to the
Laws, Statutes, Government, and Policy of this our Realm of
England.
And we do further of our special Grace, certain Knowledge, and
mere Motion, grant, declare, and ordain, that such principal Gov-
ernor, as from Time to Time shall duly and lawfully be authorized
and appointed in Manner and Form in these Presents heretofore
expressed, shall have full Power and Authority, to use and exercise
Martial Law in Cases of Rebellion or Mutiny, in as large and ample
Manner as our Lieutenants in our Counties within this our Realm
of England have or ought to have, by Force of their Commissions of
Lieutenancy.
And furthermore, if any Person or Persons, Adventurers or Planters
of the said Colony, or any other at any Time or Times hereafter,
shall transport any Monies, Goods, or Merchandises, out of any of
our Kingdoms with a Pretence or Purpose to land, sell, or otherwise
dispose of the same within the Limits or Bounds of the said Colony,
and yet nevertheless being at Sea, or after he hath landed within any
part of the said Colony, shall carry the same into any other foreign
Country with a Pur])Ose there to sell and dispose thereof; That then
all the Goods and Chattels of the said Person or Persons so oifend-
ing, and transported, together with the Ship or Vessel wherein such
Transportation was made, shall be forfeited to Us, our Heirs, and
Successors.
And further, our Will and Pleasure is, that in all Questions and
Doubts that shall arise upon any difficulty of Construction or Inter-
pretation of any Thing contained either in this, or in our said former
Letters-patents, the same shall be taken and interpreted in most
nmple and beneficial Manner for the said Treasurer and Company,
and their Successors, and every Member thereof.
And further, we do, by these Presents ratify and confirm unto the
said Treasurer and Company, and their Successors, all the Privileges,
Franchises, Liberties, and Immunities granted in our said former
Letters-patents, and not in these our Letters-patents, revoked, altered,
changed, or abridged.
And finally our Will and Pleasure is, and we do further hereby for
Us, our Heirs, and Successors, grant and agree, to and with the said
3802 Virginia— 16] 1-1612
Treasurer and Company, and their Successors, that all and singular
Person and Persons, which shall at any Time or Times hereafter
adventure any Sum or Sums of Money, in and towards the said Plan-
tation of the said Colony in Yirghiht^ and shall be admitted by the
said Council and Company, as Adventurers of the said Colony in
Form aforesaid, and shall be enrolled in the Book or Records of the
Adventurers of the said Company, shall and may be accounted, ac-
cepted, taken, held, and reputed Adventurers of the said Colony, and
shall, and may enjoy all and singular Grants, Privileges, Liberties,
Benefits, Profits, Commodities and Immunities, Advantages and
Emoluments whatsoever, as fully, largely, amply, and absolutely, as
if they and every of them, had been precisely, plainl}^ singularly,
and distinctly named and inserted in these our Letters-patents.
And lastly, because the principal P^lfect which we can desire or
expect of this Action, is the Conversion and Reduction of the People
in those Parts unto the true AYorship of God and Christian Religion,
in which Respect Ave should be loath that any Person should be per-
mitted to pass that we suspected to affect the Superstitions of the
Church of Rome, we do hereby declare, that it is our Will and Pleas-
ure that none be ]iennitted to pass in any Voyage from Time to Time
to be made into the said Country, but such as first shall have taken
the Oath of Suj^remacy ; For Avhich Pur})Ose, we do by these Pres-
ents give full Power and Authority to the Treasurer for the Time
being, and any three of the Council, to tender and exhibit the said
Oath, to all such Persons as shall at any Time be sent and employed
in the said Voyage.
Although express Mention of true yearly Value or Certainty of
the Premisses, or any of them, or of any other Gifts or Grants by Us,
or any of our Progenitors or I*redecessors to the aforesaid Treasurer
and Company heretofore made in these Presents, is not made; Or
any Act, Statute. Ordinance, Provision, Proclamation, or Restraint,
to the contrary hereof had, made, ordained, or provided, or any other
Thing, Cause, or Matter whatsoever in any wise notwithstanding.
In AVitness whereof, We have caused these our Letters to be made
Patent. AVitness ourself at Westmmsfer, the 23d Day of May, in the
seventh Year of our Reign of E/hc/land, France^ and Ireland, and of
Scotland the * * *
Per Ipsum Regem.
LUKIN.
THE THIRD CHARTER OF VIRGINIA— 1611-12 *
James, by the Grace of God, King of England, Scotland, France,
and Ireland, Defender of the Faith; To all to Avhom these Presents
shall come. Greeting. Whereas at the humble Suit of divers and
svmdry our loving Subjects, as well Adventurers as Planters of the
first Colony in Virginia, and for the Propagation of Chnstian Reli-
gion, and Reclaiming of People barbarous, to Civility and Humanity,
We have, by our Letters-Patents, bearing Date at Westminister, the
three-and-twentieth Day of May, in the seventh Year of our Reign
of England, France, and Ireland, and the two-and-fortieth of Scot-
* Hening's Statutes of Virginia, I. 98-110.
Virginia^lGn-16'12 3803
land, Given and Granted unto them that they and all such and so
many of our loving Subjects as should from time to time, for ever
after, be joined with them as Planters or Adventurers in the said
Plantation, and their Successors, for ever, should be one Body poli-
tick, incorporated by the Name of 7'he I'l-easurer and Company of
Adventu'/'ers and Planters of the City of London for the first Colony
in Virginia/
And whereas also for the greater Good and Benefit of the said
Company, and for the better Furtherance, Strengthening, and Estab-
lishing of the said Plantation, we did further Give, Grant and Con-
firm, by our Letters-Patents unto the said Company and their Suc-
cessors, for ever, all those Lands, Countries or Territories, situate,
lying and being in that Part of America called Virginia, from the
Point of Land called Cape or Point Comfort all along the Sea Coasts
to the Northward two hundred Miles; and from the said Point of
Cape Comfort all along the Sea Coast to the Southward two hundred
Miles; and all that Space and Circuit of Land lying from the Sea
Coast of the Precinct aforesaid, up into the Land throughout from
Sea to Sea West and North-west; and also all the Islands lying
within one hundred Miles along the Coast of both the Seas of the
Precinct aforesaid; with divers other Grants, Liberties, Franchises
and Preheminences, Privileges, Profits, Benefits, and Commodities
granted in and by our said Letters-patents to the said Treasurer and
Company and their Successors for ever.
Now forasmuch as we are given to understand, that in those Seas
adjoining to the said Coasts of Virginia^ and without the Compass
of those two hundred Miles by Us so granted unto the said Treasurer
and Company as aforesaid, and yet not far distant from the said
Colony in Virginia, there are or may be divers Islands lying desolate
and uninhabited, some of which are already made known and discov-
ered by the Industry, Travel, and Expences of the said Company,
and others also are supposed to be and remain as yet unknown and
undiscovered, all and every of which it may import the said Colony
both in Safety and Policy of Trade to populate and plant ; in Regard
whereof, as well for the preventing of Peril, as for the better Com-
.moclity of the said Colony, they have been humble suitors unto Us,
that We would be pleased to grant inito them an Enlargement of our
said former Letters-patents, as well for a more ample Extent of their
Limits and Territories into the Seas adjoining to and upon the Coast
of Vh'ginia, as also for some other Matters and Articles concerning
the better government of the said Company and Colony, in which
Point our said former Letters-Patents do not extend so far as Time
and Experience hath found to be needful and convenient :
We therefore tendering the good and happy Success of the said
Plantation, both in Regard of the General Weal of human Society,
as in Respect of the Good of our own Estate and Kingdoms, and being-
willing to give Furtherance unto all good Means that may advance
the Benefit of the said Company, and which may secure the Safety
of our loving Subjects planted in our said Colony, under the Favour
and Protection of God Almighty, and of oui- Royal Power and
Authority, have therefore of our especial Grace, certain Knowledge,
and mere Motion, given, granted, and confirmed, and for Us, our
Heirs and Successors, we do by these Presents give, grant, and confirm
to the said Treasurer and Comjoany of Adventurers and Planters of
3804 Virginia— 1611-1612
the city of London for the first Colony in Virginia, and to their Heirs
and Successors for ever, all and singular those Islands whatsoever
situate and being in any Part of the Ocean Seas bordering upon the
Coast of our said first Colony in Virginia, and being within three
Hundred Leagues of any of the Parts heretofore granted to the said
Treasurer and Compan}^ in our said former Letters-Patents as afore-
said, and being within or between the one-and-fortieth and thirtieth
Degrees of Northerl}^ Latitude ; together with all and singular Soils,
Lands, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines and
Minerals, as well Royal Mines of Gold and Silver, as other Mines and
Minerals, Pearls, precious Stones, Quarries, and all and singidar other
Commodities, Jurisdictions, Royalties, Privileges, Franchises, and Pre-
heminences, both within the said Tract of Land upon the Main, and
also within the said Islands and Seas adjoining whatsoever and there-
unto or thereabouts, both by Sea and Land being or situate ; And
which, by our Letters-I*atents Ave may or can grant, and in as ample
Manner as "We or any our noble Progenitors have heretofore granted
to any Person or Persons, or to any Compan3% Bod}^ Politick or cor-
porate, or to any Adventurer or Adventurers, Undertaker or Under-
takers of any Discoveries, Plantations, or Traffick, of, in, or into
any foreign Parts whatsoever, and in as large and ample Manner as
if the same were herein particularly named, mentioned, and expressed.
Provided always, that the said Islands or any Premises herein men-
tioned, or by these Presents intended or meant to be granted, be not
actually possessed or inhabited by any other Christian Prince or
Estate, nor be Avithin the Bounds, Limits, or Territories of the North-
ern Colony heretofore by Us granted to be planted by divers of our
loving Subjects in the North Parts of Virginia. To haa^e and to
HOLD, possess and enjoy, all and singular the said Islands in the said
Ocean Seas so lying and bordering upon the Coast and Coasts of the
Territories of the said first Colony in Virginia, as aforesaid. With
all and singular the said Soils, Lands, Grounds, and all and singular
other the Premises heretofore by these Presents granted or men-
tioned to be granted to them, the said Treasurer and Company of
Adventurers and Planters of the City of London for the first Colony
in Virginia, and to their Heirs, Successors, and Assigns, for ever,
to the sole and proper Use and Behoof of them the said Treasurer
and Company, and their Heirs and Successors and Assigns, for ever ;
TO BE HOLDEN OF US, our Hcirs and Successors, as of our Manor of
E ast-Greenunch, in Free and common Soccage, and not in Cafite;
yiRLDiNG AND PAYING therefore to Us, our Heirs and Successors, the
fifth Part of the Ore of all Gold and Silver which shall be there
gotten, had, or obtained for all Manner of Services AvhatsoeA^er.
And further. Our Will and Pleasure is, and We do by these Pres-
ents, GRANT AND CONFIRM, for the Good and Welfare of the said Plan-
tation, and that Posterity may hereafter knoAV Avho have adA^entured
and not been sparing of their Purses in such a noble and generous
Action for the general Good of their Country, and at the Request and
with the Consent of the Company aforesaid, that Our trusty and well-
beloved Subjects George Lord Archbishop of Canterbury, Henry,
Earl of Huntington, Edicard Earl of Bedford, RicJiard Earl of
Clanricl'ard, &c. Avho since Our said last Letters-Patents are become
Adventurers, and liaA^e joined themselves with the former Adven-
turers and Planters of the said Company and Society, shall from
Virginia— J 611-1612 3805
henceforth be reputed, deemed, and taken to be, and shall be Brethren
and free Members of the Company ; and shall and may respectively,
and according to the Proportion and Value of their several Adven-
tures, HAVE, HOLD, and ENJOY, all such Interest, Right, Title, Privi-
leges, Preheminences, Liberties, Franchises, Immunities, Profits, and
Commodities, whatsoever, in as large and ample and beneficial Man-
ner, to all Intents, Constructions, and Purposes, as any other Adven-
tures nominated and expressed in any our former Letters-Patents,
or any of them have or may have by Force and Virtue of these Pres-
ents, or any our former Letters-Patents whatsoever.
And We are further pleased, and We do by these Presents grant
and CONFIRM, that Philip Earl of Montgomery, Willkmi Lord Paget,
sir John Stamngton, Knt. &c. whom the said Treasurer and Com-
pany have since the said last Letters-Patents nominated and set down
as worthy and discreet Persons fit to serve Us as Counsellors, to be of
our Council for the said Plantation, shall be reputed, deemed, and
taken as Persons of our said Council for the said first Colony, in such
Manner and Sort, to all Intents and Purposes, as those who have
been formerly elected and nominated as our Counsellors for that
Colony, and whose Names have been, or are inserted and expressed
in our said former Letters-Patents.
And we do hereby ordain and grant by these Presents, that the said
Treasurer and Company of Adventurers and Planters aforesaid, shall
and may, once every week, or oftener, at their Pleasure, hold, and
keep a Court and Assembly for the better Order and Government of
the said Plantation, and such Things as shall concern the same ; And
that any five Persons of our Council for the said first Colony in
Virginia, for the Time being, of which Company the Treasure, or his
Deputy, to be always one, and the Number of fifteen others, at the
least, of the Generality of the said Company, assembled together in
such Manner, as is and hath been heretofore used and accustomed,
shall be said, taken, held, and reputed to be, and shall be a sufficient
Court of the said Company, for the handling and ordering, and dis-
patching of all such casual and particular Occurrences, and accidental
Matters, of less Consequence and Weight, as shall from Time to Time
happen, touching and concerning the said Plantation.
And that nevertheless, for the handling, ordering, and disposing
of Matters and Affairs of greater Weight and Importance, and such
as shall or may, in any Sort, concern the Weal Publick and general
Good of the said Company and Plantation, as namely, the Manner
of Government from Time to Time to be used, the ordering and
Disposing of the Lands and Possessions, and the settling and estab-
lishing of a Trade there, or such like, there shall be held and kept
every Year, upon the last Wednesday, save one, of IlUlary Term,
Easter, Trinity, and Michaelmas Terms, for ever, one great, general,
and solemn Assembly, which four Assemblies shall be stiled and
called, The four Great and General Courts of the Council and Coni-
pany of Adventurers for Virginia; In all and every of which said
Great and General Courts, so assembled, our Will and Pleasure is,
and we do, for Us, our Heirs and Successors, for ever. Give and
Grant to the said Treasurer and Company, and their Successors for
ever, by these Presents, that they, the said Treasurer and Company,
or the greater Number of them, so assembled, shall and may have full
Power and Authority, from Time to Time, and at all Times hereafter,
3806 Virginia-~1G11-I612
to elect and chiise discreet Persons, to be of our said Conncil for the
said first Colony in Virginia^ and to nominate and appoint such
Officers as they shall think fit and requisite, for the Government,
managing, ordering, and dispatching of the Affairs of the said Com-
pany; And shall likewise have full Power and Authority, to ordain
and make such Laws and Ordinances, for the Good and Welfare of
the said Plantation, as to them from Time to Time, shall be thought
requisite and meet: So always, us the same be not contrary to the Laws
and Statutes of this our Realm of England; And shall, in like
Manner, have Power and Authority, to expulse, disfranchise, and
put out of and from their said Company and Society for ever, all and
every such Person and Persons, as having either promised or sub-
scribed their Names to become Adventurers to the said Plantation,
of the said first Colony in Virginia, or having been nominated for
Adventurers in these or any other our Letters-Patents, or having been
otherwise admitted and nominated to be of the said Company, have
nevertheless either not put in any adventure at all for and towards
the said Plantation, or else have refused or neglected, or shall refuse
and neglect to bring in his or their Adventure, by Word or Writing,
promised Avithin six Months after the same shall be so payable and
due. And whereas, the Failing and not Payment of such Monies as
have been promised in Adventure, for the Advancement of the said
Plantation, hath been often by Experience found to be dangerous
and prejudicial to the same, and much to have hindered the Progress
and Proceeding of the said Plantation, and for that it seemeth unto
Us a Thing reasonable, that such Persons, as by their Hand Writing
have engaged themselves for the Payment of their Adventures, and
afterwards neglecting their Faith and Promise, should be compelled
to make good and keep the same : Therefore, Our Will and Pleasure
is, that in any Suit or Suits commenced, or to be commenced in any
of our Courts at M\'stmim.stei\ or elsewhere, by the said Treasurer
and Company, or otherwise against any such persons, that our Judges
for the Time being, both in our Court of Chancery, and at the Com-
mon Pleas do favour and further the said Suits so far forth as LaAv
and Equity Avill in any wise further and permit. And We do, for
Us, our Heirs and Successors, further give and grant to the said
Treasurer and Company, or their Successors forever, that the said
Treasurer and Company, or the greater Part of them for the Time
being, so in a full and general Court assembled as aforesaid, shall
and may from Time to Time, and at all times forever hereafter, elect,
choose and admit into their Company, and Society, any Person or
Persons, as well Strangers and Aliens born in any Part beyond the
Seas wheresoever, being in Amity with us, as our natural Liege Sub-
jects born in any our Realms and Dominions: And that all such
Persons so elected, chosen, and admitted to be of the said Company
as aforesaid, shall thereupon be taken, reputed, and held, and shall
be free Members of the said Company, and shall have, hold, and
enjoy all and singular Freedoms, Liberties, Franchises, Privileges,
Immunities, Benefits, Profits, and Commodities whatsoever, to the
said Company in any Sort belonging or appertaining, as fully, freely
and amply as any other Adventurers now being, or Avhich hereafter
at any Time shall be of the said Company, hath, have, shall, may,
might, or ought to have and enjoy the same to all Intents and Pur-
poses whatsoever. And We do further of our especial Grace, certain
Virginia— 161 1-1612 3807
Knowledge, and mere Motion, for Us, our Heirs and Successors, give
and grant unto the said Treasurer and Company, and their Successors
for ever, by these Presents, that it shall be lawful and free for them
and their Assigns, at all and every Time and Times hereafter, out of
any our Realms and Dominions whatsoever, to take, lead, carry, and
transport in and into the said Voyage, and for and towards the said
Plantation of our said first Colony in Virginia^ all such and so many
of our loving Subjects, or any other Strangers that wdll become our
loving Subjects, and live under our Allegiance, as shall willingly
accompany them in the said Voyages and Plantation, with Shipping,
Armour, Weapons, Ordnance, Munition, Powder, Shot, Victuals, aiid
all Manner of Merchandises and Wares, and all Manner of Clothing,
Implements, Furniture, Beasts, Cattle, Horses, Mares, and all oth'.n-
Things necessary for the said Plantation, and for their Use and
Defence, and for Trade with the People there, and in passing and
returning to and from, without paying or yielding any Subsidy,
Custom, or Imposition, either inward or outward, or any other Duty
to Us, our Heirs and Successors, for the same, for the Space of Seven
Years from the Date of these Presents.
And We do further, for Us, our Heirs and Successors, give and
grant to the said Treasurer and Company, and their Successors for-
ever, by these Presents, that the said Treasurer of that Company,
or his Deputy for the Time being, or any two other of the said
Council, for the said first Colony in Virginia^ for the Time being,
or any two other at all Times hereafter, and from Time to Time,
have full Power and authority to minister and give the Oath and
Oaths of Supremacy and Allegiance, or either of them, to all and
every Person and Persons, wdiich shall at any Time or Times here-
after, go or pass to the said Colony in Virghiia :
■ And further, that it shall be lawful likewise for the said Treasurer,
or his Deputy for the Time being, or any two or others of our said
Council, for the said first Colony in Virginia, for the Time being,
from Time to Time, and at all Times hereafter to minister such a
formal Oath, as by their discretion shall be reasonably devised, as
well unto any Person or Persons employed in, for, or touching the
said Plantation, for their honest, faithful and just Discharge of
their Service in all such Matters as shall be committed unto them, for
the Good and Benefit of the said Company, Colony and Plantation ;
As also unto such other Person or Persons as the said Treasurer, or
his Deputy, with two others of the said Council shall think meet, for
the Examination or clearing of the Truth, in any Cause whatsoever,
concerning the said Plantation, or any Business from thence proceed-
ing, or thereunto belonging.
And furthermore, whereas We have been certified, That divers
lewd and ill disposed Persons, both Sailors, Soldiers, Artificers, Hus-
bandmen, Labourers and others, having received Wages, Apparel
and other Entertainment, from the said Company, or having con-
tracted and agreed with the said Company to go, or to serve, or to be
employed in the said Plantation of the said first Colony in Virginia,
have afterwards either withdrawn, hid, or concealed themselves,
or have refused to go thither, after they have been so entertained
and agreed withal: And that divers and sundry Persons also, which
have been sent and employed in the said Plantation of the said
first Colony in Virginia, at and upon the Charge of the said Com-
3808 Virginia— 1611-1612
pany, and having there misbehaved themselves by Mutinies, Sedition,
or other notorious Misdemeanors, or having been employed or sent
abroad by the Governor of Virginia^ or his Deput}^, with some Ship
or Pinnace, for our Provision of the said Colony, or for some Dis-
covery, or other Business and Affairs concerning the same, have
from thence most treacherously either come back again, and returned
into our Realm of England^ by Stealth, or without Licence of our
Governor of our said Colony in Vh'ginia, for the Time being, or
have been sent thither as Misdoers and Offenders: And that man}^
also of those Persons after their Return from thence, having been
questioned by our Council here, for such their Misbehaviors and
Offences, by their Insolent and Contemptuous Carriage in the Pres-
ence of our said Council, have shewed little Respect and Reverence
either to the Place or Authority in which we have placed and
appointed them; And others for the colouring of their Lewdness
and Misdemeanors committed in Virginia.^ have endeavoured by most
vile and slanderous Reports made and divulged, as well of the Coun-
try of Virginia^ as also of the Government and Estate of the said
Plantation and Colony, as much as in them lay, to bring the said
Voyage and Plantation into Disgrace and Contempt : By Means
whereof, not only the Adventurers and Planters already engaged in
the said Plantation, have been exceedingly abused and hindered,
and a great Number of other, our loving and well-disposed Subjects,
otherwise well affected and inclined to join and adventure in so
noble, Christian, and Avorthy an Action, have been discouraged from
the same ; but also the utter overthrow and Ruin of the said Enter-
prise hath been greatly endangered, which cannot miscarry Avithout
some Dishonour to Us, and our Kingdom.
NoAv, forasmuch as it appeareth unto us, that these Insolences, Mis-
demeanors, and Abuses, not to be tolerated in any civil Government,'
haA'e, for the most part. groAvn and proceeded, in regard our said
Council have not any direct Power and Authority, by any express
"Words in our former Letters-patents, to correct and chastise such
Offenders; We therefore, for more speedy Reformation of so great
and enormous Abuses and Misdemeanors heretofore practised and
committed, and for the preventing of the like hereafter, do by these
Presents for Us, our Heirs, and Successors, give and grant, to the
said Treasurer and Company, and their Successors for ever, that it
shall, and maj^ be laAvful for our said Council for the first Colony in
Virginia^ or any tAvo of them (Avhereof the said Treasurer or his
Deputy for the Time being, to be ahvays one) by Warrant under their
Hands, to send for, or cause to be apprehended, all, and every such
Person or Persons, who shall be noted, or accused, or found at any
Time or Times hereafter, to offend or misbehaA^e themseh^es, in any
the Offences before mentioned and expressed, and upon the Exam-
ination of any such Offender or Offenders, and just Proof made by
Oath, taken before the said Council, of any such notorious Misde-
meanors by them committed as aforesaid; And also upon any inso-
lent and contemptuous, or indecent Carriage and Misbehaviour, to,
or against, any our said Council, shewed or used by any such Person
or Persons so called, convented, and appearing before them as afore-
said; That in all such cases, they our said Council, or any two of them
for the time being, shall, and may have full PoAver and Authority,
either here to bind them over with good Sureties for their good Be-
Virginia— 1611-1612 3809
haAdoiir, and further therein, to proceed to all Intents and Purposes,
as it is used in other like Cases, within our Realm of England; Or
else, at their Discretions, to remand and send back the said Offenders,
or any of them, unto the said Colony in Virginia^ there to be pro-
ceeded against and punished, as the Governor, Deputy or Council
there, for the Time being, shall think meet; Or otherwise, according
to such Laws and Ordinances, as are and shall be in Use there, for
the well-ordering and good Government of the s^id Colony.
And for the more effectual Advancing of the said Plantation,
We do further, for Us, our Heirs, and Successors, of our especial
Grace and Favour, by Virtue of our Prerogative Eoyal,^ and by the
Assent and Consent of the Lords and others of our Privy Council,
Give and Grant, unto the said Treasurer and Company, full Power
and Authority, free Leave, Liberty, and Licence, to set forth, erect,
and publish, one or more Lottery or Lotteries, to have Continuance,
and to endure and be held, for the Space of onjs whole Year, next
after the opening of the same ; And after the End and Expiration of
the said Term, the said Lottery or Lotteries to continue and be
further kept, during our Will and Pleasure only, and not otherwise.
And yet nevertheless, we are contented and pleased, for the Good
and Welfare of the said Plantation, that the said Treasurer and Com-
pany shall, for the Dispatch and Finishing of the said Lottery or
Lotteries, have six Months Warning after the said Year ended,
before our Will and Pleasure shall, for and on that Behalf, be con-
strued, deemed, and adjudged, to be in any wise altered and deter-
mined.
And our further Will and Pleasure is, that the said Lottery and
Lotteries shall and may be opened and held, within our City of Lon-
don, or in any other City or Town, or elsewhere, within this our
Realm of England, with such Prizes, Articles, Conditions, and Limi-
tations, as to them, the said Treasurer and Company, in their Dis-
cretions, shall seem convenient:
And it shall and may be lawful, to and for the said Treasurer and
Company, to elect and choose Receivers, Surveyors, Auditors, Com-
missioners, or any other Officers whatsoever, at their Will and Pleas-
ure, for the better marshalling, disposing, guiding, and governing
of the said Lottery and Lotteries ; And that it shall likewise be lawful,
to and for the said Treasurer and any two of the said Council, to
minister to all and every such Person, so elected and chosen for
Offices, as aforesaid, one or more Oaths, for their good Behaviour,
just and true Dealing, in and about the said Lottery or Lotteries, to
the Intent and Purpose, that none of our loving Subjects, putting
in their Names, or otherwise adventuring in the said general Lottery
or Lotteries, may be, in any wise, defrauded and deceived of their
said Monies, or evil and indirectly dealt withal in their said Adven-
tures.
And we further Grant, in Manner and Form aforesaid, that it
shall and may be lawful, to and for the said Treasurer and Com-
pany, under the Seal of our said Council for the Plantation, to pub-
lish, or to cause and procure to be published b}^ Proclamation, or
otherwise (the said Proclamation to be made in their Name, by Virtue
of these Presents) the said Lottery or Lotteries, in all Cities, Towns,
Burroughs, and other Places, within our said Realm of Eng-
3810 Virginia— 1621
land; And we Will and Command all Mayors, Justices of the Peace,
Sheriffs, Bailiffs, Constables, and other Officers and loving Subjects,
whatsoever, that in no wise, they hinder or delay the Progress and
Proceedings of the said Lottery or Lotteries, but be therein, touching
the Premises, aiding and assisting, by all honest, good, and lawful
Means and Endeavours.
And further, our Will and Pleasure is, that in all Questions and
Doubts, that shall arise, upon any Difficulty of Construction or
Interpretation of anj^ Thing, contained in these, or any other our
former Letters-patent, the same shall be taken and interpreted, in
most ample and beneficial Manner for the said Treasurer and Com-
pany, and their Successors, and every Member thereof.
And lastly, we do, by these Presents, ratify and confirm unto the
said Treasurer and Company, and their Successors, for ever, all and
all Manner of Privileges, Franchises, Liberties, Immunities, Pre-
heminences. Profits, and Commodities, whatsoever, granted unto them
in any our former Letters-patent, and not in these Presents revoked,
altered, changed, or abridged. Although express Mention of the
true Yearly Value or Certainty of the Premises, or any of them, or
of any other Gift or Grant, by Us or any our Progenitors or Prede-
cessors, to the aforesaid Treasurer and Company heretofore made in
these Presents is not made; Or any Statute, Act, Ordinance, Pro-
vision, Proclamation, or Restraint, to the contrary thereof heretofore
made, ordered, or provided, or any other Matter, Cause, or Thing,
whatsoever, to the contrary, in any wise, notwithstanding.
In AVitness whereof we have caused these our Letters to be made
Patents. Witness Ourself, at Westminster^ the twelfth Day of
March^ in the ninth Year of our Reign of England^ France^ and
Ireland^ and of Scotland the five and fortieth.
ORDINANCES FOR VIRGINIA— JULY 24-AUG. 3, 1621 «
An Ordinance and Constitution of tlie Treasurer, Council, and Company in
England, for a Council of State and General Assembly. Dated July 24, 1621
TO all People, to whom these Presents shall come, be seen, or heard.
The Treasurer, Council, and Company of Adventurers and Planters
for the City of London for the first Colony of Virginia^ send Greet-
ing. Know ye, that we, the said Treasurer, Council, and Company,
taking into our careful Consideration the present State of the said
Colony of Vij^ginia^ and intending, by the Divine Assistance, to settle
such a Form of Government there, as may be to the greatest Benefit
and Comfort of the People, and whereby all Injustice, Grievances,
and Oppression may be prevented and kept off as much as possible
from the said Colony, have thought fit to make our Entrance, by
0 The text is from the History of the First Discovery and settlement of Vir-
ginia, by William Stithe (Sabin's edition, New York, 186.5), Appendix IV. The
Commission to Sir Francis Wyatt, Governor of Virginia, in regard to the ordi-
nance is printed in Hening's Statutes at Large (Richmond, 1809), I. 113-114.
The first Assembly of Virginia was convened .July .SO-Aug. 9, 1619, at .James-
town, by Governor Yeardley under the authority of the Virginia Company, exe-
cuted in November, 1618. This document, either a commission or instructions
to Yeardley, has not been found, but probably was similar to the later ordinance
of 1621. For report of the proceedings of the first assembly see Colonial Records
of Virgiua, Senate document, Extra, (Richmond, 1874.)
Virginia— 1621 3811
ordering and establishing such Supreme Councils, as may not only
be assisting to the Governor for the time being, in the Administra-
tion of Justice, and the executing of other Duties to this office belong-
ing, but also, by their vigilant care and Prudence, may provide, as
well for a Remedy of all Inconveniences, growing from time to time,
as also for advancing of Increase, Strength, Stability, and Prosperity
of the said Colony :
II. WE therefore, the said Treasurer, Council, and Company, by
Authority directed to us from his Majesty under the Great Seal,
upon mature Deliberation, do hereby order and declare, that, from
hence forward, there shall be two supreme councils in Virginia, for
the better Government of the said Colony aforesaid.
III. THE one of which Councils, to be called the council of state
(and whose Office shall chiefly be assisting, with their Care, Advise,
and Circumspection, to the said Governor) shall be chosen, nomi-
nated, placed and displaced, from time to time, by Us, the said
Treasurer, Council, and Company, and our Successors : Wliich Coun-
cil of State shall consist, for the present, only of these Persons, as
are here inserted, lyh. Sir Fi'ancis Wyat, Governor of Virginia, Cap-
tain Francis West, Sir George Yeardley, Knight, ^ivWilliam Neuce,
Knight Marshal of Virginia, Mr. George Sandys, Treasurer, Mr.
George Thorpe, Deputy of the College, Captain Thomas Neuce, Dep-
uty for the Company, Mr. Pawlet, Mr. Leech, Captain Nathaniel
Powel, Mr. Ghristo'pher Davison, Secretary, Doctor Pots, Physician
to the Company, Mr. Roger Smith, Mr. John Berkeley, Mr. John
Rolfe, Mr. Rcdph Hamer, Mr. John Pountis, Mr. Michael Lapworth,
Mr. Harwood, Mr. Sanuiel M acock. Which said Counsellors and
Council we earnestly pray and desire, and in his Majesty's Name
strictly charge and command, that (all Factions, Partialities, and
sinister Kespect laid aside) they bend their Care and Endeavours to
assist the said Governor; first and principally, in the Advancement
of the Honour and Service of God, and the Enlargement of his
Kingdom amongst the Heathen People; and next, in erecting of the
said Colony in due obedience to his Majesty, and all lawful Authority
from his Majesty's Directions; and lastly, in maintaining the said
People in Justice and Christian Conversation amongst themselves,
and in Strength and Ability to withstand their Enemies. And this
Council, to be always, or for the most Part, residing about or near
the Governor.
IV. THE other Council, more generally to be called by the Gov-
ernor, once yearly, and no oftener, but for very extraordinary and
important occasions, shall consist, for the present, of the said Council
of State, and of two Burgesses out of every Town, Hundred, or other
particular Plantation, to be respectively chosen by the Inhabitants:
Which Council shall be called THE GENERAL ASSEMBLY,
wherein (as also in the said Council of State) all Matters shall be
decided, determined, and ordered, by the greater Part of the Voices
then present; reserving to the Governor always a Negative Voice.
And this General Assembly shall have free Power to treat, consult,
and conclude, as well of all emergent Occasions concerning the Pub-
lick Weal of the said Colony and every Part thereof, as also to make,
ordain, and enact such general Laws and Orders, for the Behoof of
the said Colony, and the good Government thereof, as shall, from
time to time, appear necessary or requisite;
3812 Virginia— 1776
V. WHEREAS in all other Things, we require- the said General As-
sembly, as also the said Council of State, to imitate and follow the
Policy of the Form of Government, Laws, Customs, and Manner of
Trial, and other Administration of Justice, used in the Realm of
England, as near as may be, even as ourselves, by his Majesty's Let-
ters Patent, are required.
VI. PROVIDED, that no Law or Ordinance, made in the said General
Assembly, shall be or continue in Force or Validity, unless the same
shall be solemnly ratified and confirmed, in a General Quarter Court
of the said Company here in England and so ratified, be returned to
them under our Seal; It being our Litent to afford the like Measure
also unto the said Colony, that after the Government of the said
Colony shall once have been well framed, and settled accordingly,
which is to be done by Us, as by Authority derived from his Majesty,
and the same shall have been so by us declared, no Orders of Court
afterwards shall bind the said Colony, unless they be ratified in like
Manner in the General Assemblies, in witness whereof we have
hereunto set our Common Seal, the 24th of Juh/ 1621, and in the
Year of the Reign of our Sovereign Lord, James, King of England,
&c., the * * * and of Scotland the * * * .
THE CONSTITUTION OF VIRGINIA— 1776 * "
BILL OF rights
A declaration of rights made by the representatives of the good
people of Virginia, assembled in full and free convention; which
rights do pertain to them and their posterity, as the basis and founda-
tion of government.
* Verified from " Ordinances passed at a General Convention of Delegates and
Representatives from the Several Counties and Corporations of Virginia, Held at
the Capitol in the City of Williamsburg, on Monday, the Gth of May, A. D. 1776.
Reprinted by a Resolution of the House of Delegates, of the 24th February, 1816.
Richmond: Ritchie, Trueheart & Duval. Printers. 1816." pp. 3-6.
" The Proceedings of the Convention of Delegates for the Counties and Cor-
porations in the Colony of Virginia, held at Richmond Town, in the County of
Henrico, on the 20th of March, 1775. Re-printed by a Resolution of the House
of Delegates, of the 24th February, 1810. Richmond: Ritchie, Trueheart &
Du-val, Printers. 1816." 8 pp.
" The Proceedings of the Convention of Delegates for the Counties and Cor-
porations in the Colony of Virginia held at Richmond Town, in the County of
Henrico, on Monday the 17th of .July 1775. Reprinted by a Resolution of the
House of Delegates, of the 24th February, 1816. Richmond: Ritchie, True-
heart & Du-Val, Printers. 1816." 116 pp.
"The Proceedings of the Convention of Delegates held at the Capitol, in the
city of Williamsburg, in the Colony of Virginia, On Monday, the 6th of May,
1776. Reprinted by a Resolution of the House of Delegates, of the 24th Feb-
ruary, 1816. Richmond : Ritchie, Trueheart & Duval, Printers. 1816." 86 pp.
" Ordinances passed at a General Convention of Delegates and Representa-
tives, from the several Counties and Corporations of Virginia, held at the Capitol
in the City of Williamsburg. On Monday, the 6th of May, Anno-Dom. 1776.
Reprinted by a Resolution of the House of Delegates, of the 24th February, 1816.
Richmond : Ritchie, Trueheart & Du-Val, Printers. 1816." 19 pp.
«This Declaration of Rights was fi-amed by a Convention, composed of forty-
five members of the colonial house of burgesses, which met at Williamsburgh
May 6, 1776, and adopted this Declaration June 12, 1776.
This constitution was framed by the convention which issued the preceding
Declaration of Rights, and was adopted June 29, 1776. It was not submitted to
the people for ratification.
Wirginia—1776 3813
Section 1. That all men are by nature equally free and independ-
ent, and have certain inherent rights, of which, when they enter into
a state of society, they cannot, by any compact, deprive or divest their
posterity ; namely, the enjoyment of life and liberty, with the means
of acquiring and possessing property, and pursuing and obtaining
happiness and safety.
Sec. 2. That all power is vested in, and consequently derived from,
the people; that magistrates are their trustees and servants, and at
all times amenable to them.
Sec. 3. That government is, or ought to be, instituted for the com-
mon benefit, protection, and security of the people, nation, or com-
munity; of all the various modes and forms of government, that is
best which is capable of producing the greatest degree of happiness
and safety, and is most effectually secured against the danger of
maladministration; and that, when any government shall be found
inadequate or contrary to these purposes, a majority of the com-
munity hath an indubitable, inalienable, and indefeasible right to
reform, alter, or abolish it, in such manner as shall be judged most
conducive to the public weal.
Sec. 4. That no man, or set of men, are entitled to exclusive or
separate emoluments or privileges from the community, but in con-
sideration of public services; which, not being descendible, neither
ought the offices of magistrate, legislator, or judge to be hereditary.
Sec. 5. That the legislative and executive powers of the State
should be separate and distinct from the judiciary; and that the
members of the two first may be restrained from oppression, by
feeling and participating the burdens of the people, they should, at
fixed i:)eriods, be leclucecl to a private station, return into that body
from which they were originally taken, and the vacancies be supplied
by frequent, certain, and regular elections, in which all, or any part
of the former members, to be again eligible, or ineligible, as the laws
shall direct.
Sec. 6. That elections of members to serve as representatives of
the people, in assembly, ought to be free; and that all men, having
sufficient evidence of permanent common interest with, and attach-
ment to, the community, have the right of suffrage, and cannot be
taxed or deprived of their property for public uses, without their
own consent, or that of their representives so elected, nor bound by
any law to which they have not, in like manner, assembled, for the
public good.
Sec. 7. That all power of suspending laws, or the execution of laws,
by any authority, without consent of the representatives of the people,
is injurious to their rights, and ought not to be exercised.
Sec. 8. That in all capital or criminal prosecutions a man hath a
right to demand the cause and nature of his accusation, to be con-
fronted with the accusers and witnesses, to call for evidence in his
favor, and to a speedy trial by an impartial jury of twelve men of
his vicinage, without whose unanimous consent he cannot be found
guilty; nor can he be compelled to give evidence against himself;
that no man be deprived of his liberty, except by the law of the land
or the judgment of his peers.
Sec. 9. That excessive bail ought woi to be recjuired, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
7535— VOL 7—09 3
3814 Virginia— 1776 .
Sec. 10. That general warrants, whereby an officer or messenger
may be commanded to search suspected places without evidence of a
fact committed, or to seize any person or persons not named, or
whose otfence is not particularly described and supported by evidence,
are grievous and oppressive, and ought not to be granted.
Sec. 11. That in controversies respecting propert}'^, and in suits
between man and man, the ancient trial by jury is preferable to an}^
other, and ought to be held sacred.
Sec. 12. That the freedom of the press is one of the great bulwarks
of libert3\ and can never be restrained but by despotic governments.
Sec. 13. That a well-regulated militia, composed of the body of
the people, trained to arms, is the proper, natural, and safe defence
of a free State; that standing armies, in time of peace, should be
avoided, as dangerous to liberty; and that in all cases the military
should be under strict subordination to, and governed by, the civil
power.
Sec. 14. That the people have a right to uniform government ; and,
therefore, that no government separate from, or independent of the
government of Virginia, ought to be erected or established within
the limits thereof.
Sec. 15. That no free government, or the blessings of liberty, can
be preserved to any people, but by a firm adherence to justice, modera-
tion, temperance, frugality, and virtue, and by frequent recurrence
to fundamental prniciples.
Sec. 1G. That religion, or the duty which we owe to our Creator,
and the manner of discharging it, can be directed only by reason and
conviction, not by force or violence; and therefore all men are
equally entitled to the free exercise of religion, according to the
dictates of conscience; and that it is the mutual dutj'^ of all to
practise Christian forbearance, love, and charity towards each other.
the constitution or F0R3I OF GOVERNMENT, AGREED TO AND RESOLVED
UPON BY THE DELEGATES AND REPRESENTATIVES OF THE SEVERAL
COUNTIES AND CORPORATIONS OF VIRGINIA
"NATiereas George the third. King of Great Britain and Ireland, and
elector of Hanover, heretofore intrusted with the exercise of the
kingly office in this government, hath endeavoured to prevent, the
same into a detestable and insupportable tyranny, by putting -his
negative on laws the most wholesome and necessary for the public
good:
By denying his Governors permission to pass laws of immediate
and pressing importance, unless suspended in their operation for his
assent, and, when so suspended neglecting to attend to them for many
years :
By refusing to pass certain other laws, unless the persons to be
benefited by them would relinquish the inestimable right of represen-
tation in the legislature :
By dissolving legislative Assemblies repeatedly and continually,
for opposing with manly firmness his invasions of the rights of the
people :
AA^ien dissolved, by refusing to call others for a long space of time,
thereby leaving the political system without any legislative head :
Virginia— 1776 3815
By endeavouring to prevent the population of our country, and, for
that purpose, obstructing, the laws for the naturalization of for-
eigners:
By keeping among us, in times of peace, standing armies and ships
of war:
By effecting to render the military independent of, and superior to,
the civil power :
By combining with others to subject us to a foreign jurisdiction,
giving his assent to their pretended acts of legislation :
For quartering large bodies of armed troops among us :
For cutting off our trade with all parts of the world :
For imposing taxes on us without our consent :
For depriving us of the benefits of trial by jury :
For transporting us beyond seas, to be tried for pretended offences :
For suspending our own legislatures, and declaring themselves in-
vested with power to legislate for us in all cases whatsoever:
By plundering our seas, ravaging our coasts, burning our towns,
and destroying the lives of our people :
By inciting insurrections of our fellow subjects, with the allure-
ments of forfeiture and confiscation :
By prompting our negroes to rise in arms against us, those very
negroes whom, by an inhuman use of his negative, he hath refused us
permission to exclude by law :
By endeavoring to bring on the inhabitants of our frontiers the
merciless Indian savages, whose known rule of warfare is an undis-
tinguished destruction of all ages, sexes, and conditions of existence :
By transporting, at this time, a large army of foreign mercenaries,
to complete the works of death, desolation, and tyranny, already be-
gun with circumstances of cruelty and perfidy unworthy the head of
a civilized nation :
By answering our repeated petitions for redress with a repetition
of injuries: And finally, by abandoning the helm of government and
declaring us out of his allegiance and protection.
By which several acts of misrule, the government of this country,
as formerly exercised under the crown of Great Britain, is Totally
Dissolved.
We therefore, the delegates and representatives of the good people
of Virginia, having maturely considered the premises, and viewing
with great concern the deplorable conditions to which this once happy
country must be reduced, unless some regular, adequate mode of civil
polity is speedily adopted, and in compliance with a recommendation
of the General Congress, do ordain and declare the future form of
government of Virginia to be as followeth :
The legislative, executive, and judiciary department, shall be sepa-
rate and distinct, so that neither exercise the i:)Owers properly belong-
ing to the other: nor shall any person exercise the powers of more
than one of them, at the same time; except that the Justices of the
Countj?^ Courts shall be eligible to either House of Assembly.
The legislative shall be formed of two distinct branches, who,
together, shall be a complete Legislature. They shall meet once, or
oftener, every year, and shall be called, The General Assembly of
Virginia. One of these shall be called. The House of Delegates, and
consist of two Representatives, to be chosen for each county, and
3816 Virginia— 1776
for the district of West- Augusta, annually, of such men as actually
reside in, and are freeholders of the same, or duly qualified according
to law, and also of one Delegate or Representative, to be chosen an-
nually for the city of Williamsburgh, and one for the borough of
Norfolk, and a Representative for each of such other cities and bor-
oughs, as may hereafter be allowed particular representation by the
legislature; but Avhen any city or borough shall so decrease, as that
the number of persons, having right of suffrage therein, shall have
been, for the space of seven years successively, less than half the
number of voters in some one county in Virginia, such city or bor-
ough thenceforward shall cease to send a Delegate or Representative
to the Assembly.
The other shall be called The Senate^ and consist of twenty-four
members, of whom thirteen shall constitute a House to proceed on
business; for whose election, the different counties shall be divided
into twenty-four districts; and each county of the respective dis-
trict, at the time of the election of its Delegates, shall vote for one
Senator, who is actually a resident and freeholder within the district,
or duly qualified according to laAv, and is upwards of twenty-five
years of age; and the Sheriffs of each county, within five days at
farthest, after the last county election in the district, shall meet at
some convenient place, and from the poll, so taken in their respective
counties, return, as a Senator, the man who shall have the gi-eatest
number of votes in the whole district. To keep up this Assembly by
rotation, the districts shall be equally divided into four classes and
numbered by lot. At the end of one year after the general election,
the six members, elected by the first division, shall be displaced, and
the vacancies thereby occasioned supplied from such class or division,
by new election, in the manner aforesaid. This rotation shall be ap-
plied to each division, according to its number, and continued in due
order annually.
The right of sufi'rage in the election of members for both Houses
shall remain as exercised at present ; and each House shall choose its
own Speaker, aj^point its own officers, settle its own rules of proceed-
ing, and direct writs of election, for the supplying intermediate
vacancies.
All laws shall originate in the House of Delegates, to be approved
of or rejected by the Senate, or to be amended, with consent of the
House of Delegates; except money-bills, which in no instance shall
be altered by the Senate, but wholly approved or rejected.
A Governor, or chief magistrate, shall be chosen annually by joint
ballot of both Houses (to be taken in each House respectively)
deposited in the conference room; the boxes examined jointly by a
committee of each House, and the numbers severally reported to them,
that the appointments may be entered (which shall be the mode of
taking the joint ballot of both Houses, in all cases) who shall not
continue in that office longer than three years successively, nor be
eligible, until the expiration of four years after he shall have been
out of that office. An adequate, but moderate salary shall be settled
on him, during his continuance in office ; and he shall, with the advice
of a Council of State, exercise the executive powers of government,
according to the laws of this Commonwealth; and shall not, under
any pretence, exercise any power or prerogative, by virtue of any
Virginia— 1776 3817
law, statute or custom of England. But he shall, with the advice of
the Council of State, have the power of granting reprieves or par-
dons, except where the prosecution shall have been carried on by the
House of Delegates, or the law shall otherwise particularly direct;
in which cases, no reprieve or pardon shall be granted, but by resolve
of the House of Delegates.
Either House of the General Assembly may adjourn themselves
respectively. The Governor shall not prorogue or adjourn the As-
sembly, during their sitting, nor dissolve them at any time; but he
shall, if necessary, either by advice of the Council of State, or on
application of a majority of the House of Delegates, call them before
the time to which they shall stand prorogued or adjourned.
A Privy Council, or Council of State, consisting of eight members,
shall be chosen, by joint ballot of both Houses of Assembly, either
from their own members or the people at large, to assist in the admin-
istration of government. They shall annually choose, out of their
own members, a President, who, in case of death, inability, or absence
of the Governor from the government, shall act as Lieutenant-Gov-
ernor. Four members shall be sufficient to act, and their advice and
proceedings shall be entered on record, and signed by the members
present, (to any part whereof, any member may enter his dissent) to
be laid before the General Assembly, when called for by them. This
Council may appoint their own Clerk, who shall have a salary settled
by law, and take an oath of secrecy, in such matters as he shall be
directed by the board to conceal. A sum of money, appropriated to
that purpose, shall be divided annually among the members, in pro-
portion to their attendance ; and they shall be incapable, during their
continuance in office, of sitting in either House of Assembly. Two
members shall be removed, by joint ballot of both Houses of Assem-
bly, at the end of every three years, and be ineligible for the three
next years. These vacancies, as w^ell as those occasioned by death or
incapacity, shall be supplied by new elections, in the same manner.
The Delegates for Virginia to the Continental Congress shall be
chosen annually, or superseded in the mean time, by joint ballot of
both Houses of Assembly.
The present militia officers shall be continued, and vacancies sup-
plied by appointment of the Governor, with the advice of the Privy-
Council, on recommendations from the respective County Courts ; but
the Governor and Council shall have a power of suspending any
officer, and ordering a Court Martial, on complaint of misbehaviour
or inability, or to supply vacancies of officers, happening when in
actual service.
The Governor may embody the militia, with the advice of the Privy
Council; and when embodied, shall alone have the direction of the
militia, under the laws of the country.
The two Houses of Assembly shall, by joint ballot, appoint Judges
of the Supreme Court of Appeals, and General Court, Judges in
Chancery, Judges of Admiralty, Secretary, and the Attorney-General,
to be commissioned by the Governor, and continue in office during
good behaviour. In case of death, incapacity, or resignation, the
Governor, with the advice of the Privy Council, shall appoint per-
sons to succeed in office, to be approved or displaced by both Houses.
These officers shall have fixed and adequate salaries, and, together
3818 Virginia— 1776
with all others, holding lucrative otRces, and all ministers of the
gospel, of every denomination, be incapable of being elected members
of either House of Assembly or the Privy Council.
The Governor, with the advice of the Privy Council, shall appoint
Justices of the Peace for the counties; and in case of vacancies, or a
necessity of increasing the number hereafter, such appointments to
be made upon the recommendation of the respective County Courts.
The present acting Secretary in Virginia, and Clerks of all the
County Courts, shall continue in office. In case of vacancies, either
by death, incapacity, or resignation, a Secretary shall be appointed,
as before directed; and the Clerks, by the respective Courts. The
present and future Clerks shall hold their offices during good be-
haviour, to be judged of, and determined in the General Court. The
Sheriffs and Coroners shall be nominated by the respective Courts,
approved b}^ the Governor, with the advice of the Privy Council, and
commissioned by the Governor. The Justices shall appoint Con-
stables ; and all fees of the aforesaid officers be regulated by law.
The Governor, when he is out of office, and others, offending against
the State, either by mal-administration, corruption, or other means,
b}' which the safety of the State may be endangered, shall be im-
peachable by the House of Delegates. Such iuipeachment to be
prosecuted by the Attorney-General, or such other person or persons,
as the House may ajjpoint in the (Tcneral Court, according to the laws
of the land. If found guilty, he or they shall be either forever disa-
bled to hold any office under government, or be removed from such
office pro tempore, or subjected to such pains or penalties as the laws
shall direct.
If all or any of the Judges of the General Court should on good
grounds (to be judged of by the House of Delegates) be accused of
any of the crimes or offences above mentioned, such House of Dele-
gates may, in like manner, impeach the Judge or Judges so accused,
to be prosecuted in the Court of Appeals; and he or they, if found
guilty, shall be punished in the same manner as is prescribed in the-
preceding clause.
Commissions and grants shall run, "/n the name of the Common-
wealth of Virginia,'''' and bear test by the Governor, with the seal of
the Commonwealth annexed. "Writs shall run in the same manner,
and bear test by the Clerks of the several Courts. Indictments shall
conclude, '"'•Ar/aliist the peace and digniti/ of the Commona^ealth?''
A Treasurer shall be appointed annually, by joint ballot of both
Houses.
All escheats, penalties, and forfeitures, heretofore going to the
King, shall go to the CommonAvealth, save only such as the Legisla-
ture may abolish, or otherwise provide for.
The territories, contained within the Charters, erecting the Colonies
of Marvland, Pennsylvania, North and South Carolina, are hereby
ceded, released, and forever confirmed, to the peojjle of these Colo-
nies respectively, with all the rights of propertv, jurisdiction and
government, and all other rights Avhatsoever, which might, at any
time heretofore, have been claimed by Virginia, except the free navi-
gation and use of the rivers Patomaque and Pokomoke, with the
property of the Virginia shores and strands, bordering on either of
the said rivers, and all improvements, which have been, or shall be
made thereon. The western and northern extent of Virginia shall.
Virginia— 1830 3819
in all other respects, stand as fixed by the Charter of King James I.
in the year one thousand six hundred and nine, and by the public
treaty of peace between the Courts of Britain and France, in the year
one thousand seven hundred and sixty-three; unless by act of this
Legislature, one or more governments be established westward of the
Alleghany mountains. And no purchases of lands shall be made of
the Indian natives, but on behalf of the public, by authority of the
General Assembly.
In order to introduce this government, the Representatives of the
people met in the convention shall choose a Governor and Privy
Council, also such other officers directed to be chosen by both Houses
as may be judged necessary to be immediately appointed. The Sen-
ate to be first chosen by the people, to continue until the last day of
March next, and the other officers until the end of the succeeding
session of Assembly. In case of vacancies, the Speaker of either
House shall shall issue writs for new elections.
CONSTITUTION OF VIRGINIA— 1830 * « »
\^niereas the delegates and representatives of the good people of
Virginia, in convention assembled, on the twenty-ninth day of June,
in the year of our Lord one thousand' seven hundred and seventy-six,
reciting and declaring that whereas George the Third, King of Great
Britain and Ireland, and elector of Hanover, before that time in-
trusted with the exercise of the kingly office in the government of
Virginia, had endeavored to pervert the same into a detestable and
insupportable tyrannj'', by putting his negative on laws the most
wholesome and necessary for the public good ; by denying his gov-
ernors permission to pass laws of immediate and pressing importance,
unless suspended in their operation for his assent, and when so sus-
pended neglecting to attend to them for many years; by refusing to
pass certain other laws unless the persons to be benefited by them
would relinquish the inestimable right of representation in the legis-
lature; by dissolving legislative assemblies repeatedly and continu-
ally for opposing with manly firmness his invasions of the rights of
the people ; when dissolved, by refusing to call others for a long space
of time, thereby leaving the political system without any legislative
head ; by endeavoring to prevent the population of our country, and
for that purpose obstructing the laws for the' naturalization of for-
eigners ; by keeping among us, in time of jDeace, standing armies and
ships of war; by affecting to render the military independent of and
superior to the civil power; by combining with others to subject us
to a foreign jurisdiction, giving his assent to their pretended acts of
* Vertified by " Proceedings and Debates of tlie Virginia State Convention of
1829-30. To which are subjoined the new Constitution of Virginia and the
votes of the People. Richmond : Printed by Samuel Shepherd & Co., for Ritchie
& Cook, 1830," pp. 919.
1 This constitution was framed by a convention which assembled at Richmond
October 5, 1829, and completed its labors .January 14, 1830. It was submitted
to the people and ratified by 26.055 votes against 15,503 votes.
* " Journal, acts and proceedings of a General Convention of the Common-
wealth of Virginia, assembled in Richmond, on Monday, the Fifth Day of Octo-
ber, in the year of our Lord One Thousand Eight Hundred and Twenty-nine.
Richmond : Printed by Thomas Ritchie. 1829." 302 pp. " Reports " 185 pp.
" Constitution " 8 pp.
3820 Virginia— 1830
legislation, for quartering large bodies of armed troops among us, for
cutting off our trade with all parts of the world, for imposing taxes
on us without our consent, for depriving us of the benefits of the trial
by jury, for transporting us beyond seas to be tried for pretended
offences, for suspending our own legislatures, and declaring them-
f^elves invested with power to legislate for us in all cases whatsoever;
by plundering our seas, ravaging our coasts, burning our towns, and
destroying the lives of our people; by inciting insurrections of our
fellow-subjects with the allurements of forfeiture and confiscation;
by prompting our negroes to rise in arms among us, those very ne-
groes whom, by an inhuman use of his negative, he had refused us
j)ermission to exclude by law ; by endeavoring to bring on the inhabi-
tants of our frontiers tlie merciless Indian savages, whose known rule
of warfare is an undistinguished destruction of all ages, sexes, and
conditions of existence ; by transporting hither a large army of for-
eign mercenaries, to complete the work of death, desolation, and
tvranny, then already begun, with circumstances of cruelty and per-
fidy unworthy the head of a civilized nation; by ansAvering our re-
peated petitions for redress with a repetition of injuries; and finally,
by abandoning the helm of government, and declaring us out of his
allegiance and protection ; by which several acts of misrule, the gov-
ernment of this country, as before exercised under the crown of (Ireat
Britain, was totally dissolved, did, therefore, having maturely con-
sidered the premises, and viewing with great concern the dejjlorable
condition to Avhich this once happy country would be reduced unless
some regular, adequate mode of civil polity should be speedily
adopted, and in compliance with the recommendation of the general
Congress, ordain and declare a form of government of Virginia ;
And whereas the general assembly of Virginia, by an act passed on
the tenth day of February, in the year of our Lord one thousand
eight hundred and twenty-nine, entitled "An act to organize a con-
vention." did authorize and provide for the election, by the people,
of delegates and representatives, to meet and assemble, in general
convention, at the capital in the city of Richmond, on the first Mon-
dav of October, in the year last aforesaid, to consider, discuss, and
propose a new constitution, or alterations and amendments to the
existing constitution of this commonwealth, to be submitted to the
people, and to be by them ratified or rejected :
We, therefore, the delegates and representatives of the good people
of Virginia, elected and in convention assembled, in pursuance of the
said act of assembly, do submit and j)ropose to the people the follow-
ing amended constitution and form of government for this common-
wealth, that is to say :
Article I
The declaration of rights made on the 12th June, 1776, by the rep-
resentatives of the good people of Virginia, assembled in full and
free convention, which pertained to them and their posterity, as the
basis and foundation of government, requiring in the opinion of this
convention no amendment, shall be prefixed to this constitution, and
have the same relation thereto as it had to the former constitution of
this commonwealth."
"This declaration of rights can be found on jiage 3si2.
Virginia— 1830 3821
Article II
The legislative, executive, and judiciary departments shall be sepa-
rate and distinct, so that neither exercise the powers properly be-
longing to either of the others; nor shall any person exercise the
powers of more than one of them at the same time, except that the
justices of the county courts shall be eligible to either house of
assembly.
Article III
Section 1. The legislature shall be formed of two distinct branches,
which together shall be a complete legislature, and shall be called
" the general assembly of Virginia."
Sec. 2. One of these shall be called the house of delegates, and shall
consist of one hundred and thirty-four members, to be chosen, annu-
ally, for and by the several counties, cities, towns, and boroughs of the
commonwealth ; whereof thirty-one delegates shall be chosen for and
by the twenty-six counties lying w^est of the Alleghany Mountains ;
twenty-five for and by the fourteen counties lying between the Alle-
ghany and Blue Riclge of mountains; forty-two for and by the
twenty-nine counties lying east of the Blue Ridge of mountains and
above tide-water, and thirty-six for and by the counties, cities, towns,
and boroughs lying upon tide-water, that is to say: Of the twenty-
six counties lying west of the Alleghany, the counties of Harrison,
Montgomery, Monongalia, Ohio, and Washington shall each elect
two delegates; and the counties of Brooke, Cabell, Grayson, Green-
brier, Giles, KanaAvha, Lee, Lewis, Logan, Mason, Monroe, Nicholas,
Pocahontas, Preston, Randolph, Russell, Scott, Tazew^ell, Tyler,
Wood, and Wythe shall each elect one delegate. Of the fourteen
counties lying between the Alleghany and Blue Ridge, the counties
of Frederick and Shenandoah shall each elect three delegates; the
counties of Augusta, Berkeley, Botetourt, Hampshire, Jefferson, Rock-
ingham, and Rockbridge shall each elect two delegates; and the
counties of Alleghany, Bath, Hardy, Morgan, and Pendleton shall
each elect one delegate. Of the twenty-nine counties lying east of
the Blue Ridge and above tide-water, the county of Loudoun shall
elect three delegates; the counties of Albemarle, Bedford, Bruns-
wick, Buckingham, Campbell, Culpeper, Fauquier, Franklin, Hali-
fax, Mecklenburg, and Pittsylvania shall each elect two delegates;
and the counties of Amelia, Amherst, Charlotte, Cumberland, Din-
widdle, Fluvanna, Goochland, Henry, Louisa, Lunenburg, Madison,
Nelson, Nottoway, Orange, Patrick, Powhatan, and Prince Edward
shall each elect one delegate. And of the counties, cities, towns, and
boroughs lying on tide-water, the counties of Accomack and Norfolk
shall each elect two delegates; the counties of Caroline, Chesterfield,
Essex, Fairfax, Greenesville, Gloucester, Hanover, Henrico, Isle of
Wight, King and Queen, King William, King George, Nansemond,
Northumberland, Northampton, Princess Anne, Prince George,
Prince William, Southampton, Spottsylvania, Stafford, Sussex,
Surry, and Westmoreland, and the city of Richmond, the borough of
Norfolk, and the town of Petersburg, shall each elect one delegate;
the counties of Lancaster and Richmond shall together elect one dele-
gate; the counties of Matthews and Middlesex shall together elect
one delegate; the counties of Elizabeth City and Warwick shall
3822 Virginia— 18S0
together elect one delegate ; the counties of James City and York, and
the city of Williamsburg, shall together elect one delegate; and the
counties of New Kent and Charles City shall together elect one dele-
gate.
Sec. 3. The other house of the general assembly shall be called the
senate, and shall consist of thirty-two members, of whom thirteen
shall be chosen for and by the counties lying west of the Blue Ridge
of mountains, and nineteen for and by the counties, cities, towns, and
boroughs lying east thereof; and for the election of whom the coun-
ties, cities, towns, and boroughs shall be divided into thirty-two dis-
tricts, as hereinafter provided. Each county of the respective dis-
tricts, at the time of the first election of its delegate or delegates
under this constitution, shall vote for one senator; and the sheriffs
or other officers holding the election for each county, city, town, or
borough within five days at farthest after the last county, city, town,
or borough election in the district, shall meet at some convenient
place, and from the polls so taken in their respective counties, cities,
towns, or boroughs, return as a senator the person who shall have
the greatest number of votes in the whole district. To keep up this
assembl}^ by rotation, the districts shall be equally divided into four
classes, and numbered by lot. At the end of one year after the first
general election, the eight members elected by the first division shall
be displaced, and the vacancies thereby occasioned supplied from
such class or division by new election in the manner aforesaid. This
rotation shall be applied to each division according to its number,
and continued in due order annually. And for the election of sena-
tors, the counties of Brooke, Ohio, and Tyler shall form one district ;
the counties of Monongalia, Preston, and Randolph shall form an-
other district ; the counties of Harrison, Lewis, and Wood shall
form another district; the counties of Kanawha, Mason, Cabell,
Logan, and Nicholas shall form another district ; the counties of
Greenbrier, Monroe, Giles, and Montgomery shall form another
district; the counties of Tazewell, Wythe, and Grayson shall form
another district ; the counties of Washington, Russell, Scott, and Lee
shall form another district; the counties of Berkeley, Morgan, and
Hampshire, shall form another district ; the counties of Frederick
and Jefferson shall form another district; the counties of Shenan-
doah and Hardy shall form another district; the counties of Rock-
ingham and Pendleton shall form another district ; the counties of
Augusta and Rockbridge shall form another district ; the counties
of x^lleghany, Bath, Pocahontas, and Botetourt shall form another
district; the counties of Loudoun and Fairfax shall form another
district; the counties of Fauquier and Prince William shall form
another district; the counties of Stafford, King George, Westmore-
land, Richmond, Lancaster, and Northumberland shall form another
district ; the counties of Culpeper, Madison, and Orange shall form
another district ; the counties of Albemarle, Nelson, and Amherst
shall form another district ; the counties of Fluvanna, Goochland,
Louisa, and Hanover shall form another district; the counties of
Spottsylvania, Caroline, and Essex shall form another district; the
counties of King and Queen, King William, Gloucester, Matthews,
and Middlesex shall form another district; the counties of Acco-
mack, Northampton, Elizabeth City, York, and Warwick, and the
city of Williamsburg, shall form another district; the counties of
Virginia— 18S0 3823
Charles City, James City, New Kent, and Henrico, and the city of
Richmond, shall form another district ; the coimties of Bedford and
Franklin shall form another district; the counties of Buckingham,
Campbell, and Cumberland shall form another district; the coun-
ties of Patrick, Henry, and Pittsylvania shall form another district;
the counties of Halifax and Mecklenburg shall form another district;
the counties of Charlottie, Lunenburg, Nottoway, and Prince Edward
shall form another district; the counties of Amelia, Powhatan, and
Chesterfield, and the town of Petersburg, shall form another district ;
the counties of Brunswick, Dinwiddle, and Greenesville shall form
another district ; the counties of Isle of Wight, Prince George, South-
ampton, Surry, and Sussex shall form another district; and the
counties of Norfolk, Nansemond, and Princess Anne, and the bor-
ough of Norfolk, shall form another district.
Sec. 4. It shall be the duty of the legislature to reapportion, once
in ten years, to wit, in the year 1841, and every ten years thereafter,
the representation of the counties, cities, towns, and boroughs of
this commonwealth, in both of the legislative bodies: Pronided^ hotc-
ever, That the number of delegates from the aforesaid great dis-
tricts, and the number of senators from the aforesaid two great
divisions, respectively, shall neither be increased nor diminished by
such reapportionment. And when a new county shall hereafter be
created, or any city, town, or borough, not now entitled to separate
representation in the house of delegates, shall have so increased in
population as to be entitled, in the oj)inion of the general assembly,
to such representation, it shall be the duty of the general assembly
to make provision by law for securing to the people of such new
county, or such city, town, or borough, an adequate representation.
And if the object cannot otherwise be effected, it shall be competent
to the general assembly to reapportion the whole representation
of the great district containing such new county, or such city, town^
or borough, within its limits; which reapportionment shall continue
in force till the next regular decennial reapportionment.
Sec. 5. The general assembly, after the year 1841, and at inter-
vals thereafter of not less than ten years, shall have authority, two-
thirds of each house concurring, to make reapportionments of dele-
gates and senators throughout the commonwealth, so that the number
of delegates shall not at any time exceed one hundred and fifty, nor
of senators thirty-six.
Sec. 6. The whole number of members to which the State may at
any time be entitled in the House of Representatives of the United
States shall be apportioned as nearly as may be amongst the several
counties, cities, boroughs, and towns of the State, according to their
respective numbers, which shall be determined by adding to the
whole number of persons, including those bound to service for a
term of years, and excluding Indians not taxed, three-fifths of all
other persons.
Sec. 7. Any person may be elected a senator who shall have
attained to the age of thirty years, and shall be actually a resident
and freeholder within the district, qualified by virtue of his freehold
to vote for members of the general assembly according to this con-
stitution. And any person may be elected a member of the house of
delegates who shall have attained the age. of twenty-five years, and
shall be actually a resident and freeholder within the county, city,
3824 Virginia— 1830
town, borough, or election district, qualified by virtue of his freehold
to vote for members of the general assembly according to this con-
stitution: Pronided, That all persons holding lucrative offices, and
ministers of the gospel, and priests of every denomination, shall be
incapable of being elected members of either house of assembly.
Sec. 8. The members of the assembly shall receive for their serv-
ices a compensation to be ascertained bj^ law, and paid out of the
public treasury ; but no law increasing the compensation of the mem-
bers shall take effect until the end of the next annual session after
such law shall have been enacted. And no senator or delegate shall,
during the term for which he shall have been elected, be appointed
to any civil office of profit under the commonwealth, 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.
Sec. 9. The general assembly shall meet once or oftener every year.
Neither house, during the session of the legislature, shall, without
the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two houses shall be sitting.
A majority of each house shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and shall be
authorized to compel the attendance of absent members, in such man-
ner and under such penalties as each house may provide. And each
house shall choose its own speaker, a])point its own officers, settle
its own rules of proceeding, and direct writs of election for supply-
ing intermediate vacancies. But if vacancies shall occur by death
or resignation, during the recess of the general assembly, such writs
may be issued by the governor, under such regulations as may be
prescribed by law. Each house shall judge of the election, qualifi-
cation, and returns of its members ; may punish its members for dis-
orderly behavior, and, with the concurrence of two-thirds, expel a
member, but not a second time for the same offence.
Sec. 10. All laws shall originate in the house of delegates, to be
approved or rejected by the senate, or to be amended with the consent
of the house of delegates.
Sec. 11. The privilege of the writ of habeas corpus shall not in any
case be suspended. The legislature shall not pass any bill of attain-
der, or any ex post facto law, or any law impairing the obligation
of contracts; or any law whereby private property shall be taken
for public uses without just compensation; or any law abrido-jno-
the freedom of speech, or of the press. Xo man shall be compelled to
frequent or support any religious worship, place, or ministry what-
soever; nor shall any man be enforced, restrained, molested, or bur-
dened in his body or goods, or otherwise suffer, on account of his
religious opinions or belief ; but all men shall be free to profess, and
by argument to maintain, their opinions in matters of religion, and
the same shall in no wise affect, diminish, or enlarge their civil
capacities. And the legislature shall not prescribe any religious test
whatever; nor confer any jDeculiar privileges or advantages on any
one sect or denomination ; nor pass any law requiring or authorizing
any religious society, or the people of any district within this com-
monwealth, to levy on themselves or others any tax for the erection
or repair of any house for public worship, or for the support of any
church or ministry, but it shall be left free to every person to select
Virginia— 1830 3825
his religious instructor, and make for his support such private con-
tract as he shall please.
Sec. 12. The legislature may provide by law that no person shall
be capable of holding or being elected to any post of profit, trust, or
emolument, civil or military, legislative, executive, or judicial, under
the government of this commonwealth, who shall hereafter fight a
duel, or send or accept a challenge to fight a duel, the probable
issue of which may be the death of the challenger or challenged, or
who shall be a second to either party, or shall in any manner aid
or assist in such duel, or shall be knowingly the bearer of such
challenge or acceptance; but no person shall be so disqualified by
reason of his having heretofore fought such duel, or sent or accepted
such challenge, or been a second in such duel, or bearer of such chal-
lenge or acceptance.
Sec. 13. The governor, the judges of the court of appeals and supe-
rior courts, and all others offending against the State, either by mal-
administration, corru]3tion, neglect of duty, or any other high crime
or misdemeanor, shall be impeachable by the house of delegates;
such impeachment to be prosecuted before the senate, which shall
have the sole power to try all impeachments. When sitting for that
purpose, the senate shall be on oath or affirmation, and no person shall
be convicted without the concurrence of two-thirds of the members
present. Judgment, in cases of impeachment, shall not extend fur-
ther than to removal from office, and disqualification to hold and
enjoy any office of honor, trust, or profit under the commonwealth;
but the party convicted shall, nevertheless, be liable and subject to
indictment, trial, judgment, and punishment according to law.
Sec. 14. Every Avhite male citizen of the commonwealth, resident
therein, aged twenty-one years and upAvards, being qualified to exer-
cise the right of suffrage according to the former constitution and
laws; and every such citizen being possessed, or whose tenant for
years, at will, or at sufferance is possessed, of an estate or freehold
in land of the value of twenty-five dollars, and so assessed to be if
any assessment thereof be required by law ; and every such citizen
being possessed as tenant in common, joint tenant, or partner of an
interest in or share of land, and having an estate of freehold therein,
such interest or share being of the value of twenty-five dollars, and
so assessed to be if any assessment thereof be required by law ; and
every such citizen being entitled to a reversion or vested remainder
in fee, expectant on an estate for life or lives, in land of the value
of fifty dollars, and so assessed to be if any assessment thereof be
required by law, (each and every such citizen, unless his title shall
have come to him by descent, devise, marriage, or marriage settle-
ment, having been so possessed or entitled for six months;) and every
such citizen who shall own and be himself in actual occupation of
a leasehold estate, with the evidence of title recorded two months
before he shall offer to vote, of a term originally not less than five
years, of the annual value or rent of twenty dollars ; and every such
citizen who for twelve months next preceding has been a housekeeper
and head of a family within the county, city, town, borough, or elec-
tion district where he may offer to vote, and shall have been assessed
with a part of the revenue of the commonAvealth within the preced-
ing year, and actually paid the same, and no other persons, shall be
3826 Virginia— 1830
qualified to vote for members of the general assembly in the county,
city, town, or borough, respectively, wherein such land shall lie, or
such housekeeper and head of a family shall live. And in case of
two or more tenants in common, joint tenants, or parceners in pos-
session, reversion, or remainder, having interest in land, the value
whereof shall be insufficient to entitle them all to vote, the}^ shall
together have as man}'^ votes as the value of the land shall entitle
them to ; and the legislature shall by law provide the mode in which
their vote or votes shall in such case be given: Prorided, neverthe-
less, That the right of suffrage shall not be exercised by any person
of unsound mind, or who shall be a pauper, or a non-commissioned
officer, soldier, seaman, or marine in the service of the United States,
or by any person convicted of any infamous offence.
Sec. 15. In all elections in this commonwealth to any office or place
of trust, honor, or profit, the votes shall be given openly, or viua voce,
and not by ballot.
Article IV
Section 1. The chief executive power of this commonwealth shall
be vested in a governor, to be elected by the joint vote of the two
houses of the general assembly. He shall hold his office during the
term of three years, to commence on the first claj'^ of January next
succeeding his election, or on such other day as may from time to
time be prescribed by law ; and he shall be ineligible to that office
for three years next after his term of service shall have expired.
Sec. 2. No person shall be eligible to the office of governor, unless
he shall have attained the age of thirty 3^ears, shall be a native citi-
zen of the United States, or shall have been a citizen thereof at the
adoption of the Federal Constitution, and shall have been a citizen
of this commonwealth for five years next preceding his election.
Sec. 3. The governor shall receive for his services a compensation
to be fixed by law, which shall be neither increased nor diminished
during his continuance in office.
Sec. 4. He shall take care that the laws be faithfully executed,
shall communicate to the legislature at every session the condition of
the commonwealth, and recommend to their consideration such meas-
ures as he may deem expedient. He shall be commander-in-chief
of the land and naval forces of the State. He shall have power to
embody the militia, when in his opinion the public safety shall re-
quire it; to convene the legislature on application of a majority of
the members of the house of delegates, or wdien, in his opinion, the
interest of the commonwealth may require it; to grant reprieves
and pardons, except where the prosecution shall have been carried
on by the house of delegates, or the law shall otherwise particularly
direct; to conduct, either in person or in such manner as shall he
prescribed by law, all intercourse with other and foreign States ; and
during the recess of the legislature, to fill, pro te?npore, all vacancies
in those offices which it may be the duty of the legislature to fill per-
manently: Provided, That his appointments to such vacancies shall
be by commissions to expire at the end of the next succeeding session
of the general assembly.
Sec. 5. There shall be a council of state, to consist of three mem-
bers, any one or more of ' whom may act. They shall be elected by
Virginia— 1830 3827
joint vote of both houses of the general assembly, and remain in
office three years. But of those first elected, one, to.be designated by
lot, shall remain in office one year only, and one other, to be desig-
nated in like manner, shall remain in office for two years only.
Vacancies occurring by expiration of the term of service, or other-
wise, shall be supplied by elections made in like manner. The gov-
ernor shall, before he exercises any discretionary power conferred
on him by the constitution and laws, require the advice of the coun-
cil of state, which advice shall be registered in books kept for that
purpose, signed by the members present and consenting thereto, and
laid before the general assembly when called for by them. The coun-
cil shall appoint their own clerk, wdio shall take an oath to keep
secret such matters as he shall be ordered by the board to conceal.
The senior councillor shall be lieutenant-governor, and in case of the
death, resignation, inability, or absence of the governor from the seat
of government, shall act as governor.
Sec. G. The manner of appointing militia officers shall be provided
for by law ; but no officer below the rank of a brigadier-general shall
be appointed by the general assembly.
Sec. T. Commissions and grants shall run in the name of the com-
monwealth of Virginia, and bear test by the governor, with the seal
of the commonwealth annexed.
Article V
Section 1. The jiidicial power shall be vested in a supreme court
of appeals, in such superior courts as the legislature may from time
to time ordain and establish, and the judges thereof, in the county
courts, and in justices of the peace. The legislature may also vest
such jurisdiction as shall be deemed necessary in corporation courts,
and in the magistrates w^ho may belong to the corporate body. The
jurisdiction of these tribunals, and of the judges thereof, shall be
regulated by law. The judges of the supreme court of appeals and
of the superior courts shall hold their offices during good behavior, or
until removed in the manner prescribed in this constitution, and shall,
at the same time, hold no other offic^, appointment, or public trust,
and the acceptance thereof by either of them shall vacate his judicial
, office.
Sec. "2. No law abolishing any court shall be construed to deprive
a judge thereof of his office, unless two-thirds of the members of- each
house present concur in the passing thereof ; but the legislature may
assign other judicial duties to the judges of courts abolished by any
law enacted by less than two-thirds of the members of each house
present.
Sec. 3. The present judges of the supreme court of appeals, of the
general court, and of the supreme courts of chancery, shall remain in
office until the termination of the session of the first legislature elected
under this constitution and no longer.
Sec. 4. The judges of the supreme court of appeals and of the supe-
rior courts shall be elected by the joint vote of both houses of the
general assembly'.
Sec. 5. The judges of the supreme court of appeals and of the supe-
rior courts shall receive fixed and adequate salaries, which shall not
be diminished during their continuance in office.
3828 Virginia— 1830
*
Sec. 6. Judges may be removed from office by a concurrent vote of
both houses of the general assembly; but two-thirds of the members
present must concur in such vote, and the cause of removal shall be
entered on the journals of each. The judge against whom the legisla-
ture may be about to proceed shall receive notice thereof, accompanied
with a copy of the causes alleged for his removal, at least twenty
days before the day on wdiich either house of the general assembly
shall act thereupon.
Sec. 7. On the creation of any new county, justices of the peace
shall be appointed, in the first instance, in such manner as may be
prescribed by law. AA^ien vacancies shall occur in an}^ county, or it
shall, for any cause, be deemed necessary to increase the number,
appointments shall be made by the governor, on the reconnnenda-
tion of the respective county courts.
Sec. 8. The attorney-general shall be appointed by joint vote of
the two houses of the genei'al assembly, and commissioned by the gov-
ernor, and shall hold his office during the pleasure of the general
assembly. The clerks of the several courts, when vacancies shall
occur, shall be appointed by their respective courts, and the tenure of
office, as well of those now in office as of those who may be hereafter
appointed, shall be prescribed by law. The sheriffs and coroners
shall be nominated by the respective county courts, and when
approved by the governor shall be commissioned by him. The
judges shall appoint constables. And all fees of the aforesaid offi-
cers shall be regulated by law.
Sec. 9. Writs shall run in the name of the commonwealth of Vir-
ginia, and bear test by the clerks of the several courts. Indictments
shall conclude, " against the peace and dignity of the commonwealth.''
Article VI
A treasurer shall be appointed annually by joint vote of both
houses.
Article VII
The executive department of the government shall remain as at
present organized, and the governor and privy councillors shall con-
tinue in office until a governor, elected under this constitution-, shall
come. into office; and all other persons in office when this constitu-
tion shall be adopted, except as is herein otherwise expressly directed,
shall continue in office till successors shall be appointed, or the law
shall otherwise provide; and all the courts of justice now exist-
ing shall continue with their present jurisdiction, until and except so
far as the judicial system may or shall be hereafter otherwise organ-
ized by the legislature.
Done in convention, in the city of Richmond, on the fifteenth day
of January, in the year of our Lord one thousand eight hundred and
thirty, and in the fifty-fourth year of the Independence of the United
States of America.
Philip P. Barbour, President.
D. Briggs, Secretary,
Virginia— 1850 3829
SCHEDULE
■ Ordered^ that the roll containing the draft of the amended Consti-
tution adopted by this Convention, and by it submitted to the people
of this Commonwealth, for their ratification, or rejection, be enclosed
by the Secretary in a case proper for its preservation, and deposited
among the archives of the Council of State.
Ordered, that the Secretary, do cause the Journal of the proceed-
ings of this Convention, to be entered in a well bound book, and after
the same shall have been signed by the President, and attested by the
Secretary that he deposit the same, together with all the original
documents in the possession of the Convention, and connected with
its proceedings among the archives of the council of State; and
further, that he cause ten printed copies to be well bound, and de-
posited in the Public Library.
Ordered^ that the President of the Convention do certify a true
copy of the amended Constitution to the General Assembly now in
session; and that the General Assembly be, and they are hereby
requested to make any additional provisions by law, which may be
necessary and proper for submitting the same to the voters thereby
qualified to vote for members of the General Assembly at the next
April elections, and for organizing the Government under the
amended Constitution, in case it '^hall be approved and ratified by
such voters.
CONSTITUTION OF VIRGINIA— 1850 * «
BILL OF RIGHTS
I. That all men are by nature equally free and independent, and
have certain inherent rights, of which, w^hen they enter into a state of
society, they cannot, by any compact, deprive or divest their posterity;
namely, the enjoyment of life and liberty, with the means of acquiring
and possessing property, and pursuing and obtaining happiness and
safety.
II. That all power is vested in, and consequently derived from, the
people; that magistrates are their trustees and servants, and at all
times amenable to them.
III. That government is, or ought to be, instituted for the common
benefit, protection, and security of the people, nation, or community ;
of all the various modes and forms of government, that is best which
* Verified by copy in the "Acts of the General Assembly of the State of Vir-
ginia, Passed in ]866-(i7, in the ninety-first year of the Commonwealth. Rich-
mond : J. E. Goode, Printer, 1867," pp. 757-771.
"Jonrnal, Acts and Proceedings of a General Convention of the State of
Virginia, assembled at Richmond, on Monday, October 14, 1850. Richmond :
William Culley, Printer, 18.50. pp. 424, ap. 24, Reports.
" Docnments containing Statistics of AMrginia, ordered to be printed by the
State Convention sitting in the City of Richmond, 18.50-51. Richmond : William
Culley. I'rinter, 1851. 1 vol. Svo.
*The Bill of Rights of 1776 and the Constitution of 1S30 were amended by a
Convention which assembled at Richmond October 14, 1830, and comi)leted its
labors. August 1, 1851. The constitution was submitted to the people and ratified
by over (>7,562 votes against over 9,938 votes — several counties not having been
heard from.
7535— VOL. 7—09 4
3830 Virginia — 1850
is capable of producing the greatest degree of happiness and safety,
and is most effectually secured against the danger of maladministra-
tion; and that, when any government shall be found inadequate or
contrary to these purposes, a majority of the community hath an
indubitable, inalienable, and indefeasible right to reform, alter, or
abolish it, in such manner as shall be judged most conducive to the
public weal.
IV. That no man, or set of men, are entitled to exclusive or sepa-
rate emoluments or privileges from the community, but in considera-
tion of public services; which not being descendible, neither ought
the offices of magistrate, legislator or judge, to be hereditary,
V. That the legislative, executive, and judicial powers should be
separate and distinct ; and that the members thereof may be re-
strained from oppression, by feeling and participating the burdens
of the people, they should, at fixed periods, be reduced to a private
station, return into that body from which they were originally taken,
and the vacancies be supplied by frequent, certain, and regular elec-
tions, in which all, or any part of the former members, to be again
eligible, or ineligible, as the laws shall direct.
VI. That all elections ought to be free; and that all men, having
sufficient evidence of permanent common interest with, and attach-
ment to, the community, have the right of suffrage, and cannot be
taxed or deprived of their property for public uses, without their own
consent, or that of their representaives so elected, nor bound by any
law to which the}^ have not, in like manner, assented, for the public
good.
VII. That all power of suspending laws, or the execution of laws,
by any authority, without consent of the representatives of the peo-
ple, is injurious to their rights, and ought not to be exercised.
VIII. That in all capital or criminal prosecutions a man hath a
right to demand the cause and nature of his accusation, to be con-
fronted with the acusers and witnesses, to call for evidence in his
favor, and to a speedy trial by an impartial jury of twelve men of
his vicinage, without whose imanimous consent he cannot be found
guilty; nor can he be compelled to give evidence against himself; that
no man be deprived of his liberty, except by the law of the land or the
judgment of his peers.
IX. That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
X. That general warrants, whereby an officer or messenger may be
commanded to search suspected places without evidence of a fact
committed, or to seize any person or persons not named, or whose
offence is not particularly described and supported by evidence, are
grievous and oppressive, and ought not to be granted.
XL That in controversies respecting proi^erty, and in suits between
man and man, the ancient trial by jury of twelve men is preferable
to any other, and ought to be held sacred.
XII. That the freedom of the press is one of the great bulwarks
of liberty, and can never l)e restrained but by despotic governments.
XIII. That a well-regidated militia, composed of the body of the
people, trained to arms, is the proper, natural, and safe defeiice of a
free State; that standing armies, in time of peace, should be avoided,
as dangerous to liberty; and that in all cases the military should be
under strict subordination to, and governed by, the civil power.
Virginia— 1850 3831
XIV. That the people have a right to uniform government; and,
therefore, that no government separate from, or independent of, the
government of Virginia ought to be erected or established within
the limits thereof.
XV. That no free government, or the blessings of liberty, can be
l^reserved to any people but by a firm adherence to justice, modera-
tion, temperance, frugalitj^, and virtue, and by a frequent recurrence
to fundamental principles.
XVI. That religion, or the duty which we owe to our Creator, and
the manner of discharging it, can be directed only by reason and
conviction, not by force or violence ; and therefore all men are equally
entitled to the free exercise of religion, according to the dictates of
conscience; and that it is the mutual duty of all to practise Christian
forbearance, love, and charity towards each other.
CONSTITUTION
Whereas the delegates and representatives of the good people of
Virginia, in convention assembled, on the twenty-ninth day of June,
in the year of our Lord one thousand seven hundred and seventy-six,
reciting and declaring, that whereas George the Third, king of Great
Britain and Ireland and elector of Hanover, before that time in-
trusted with the exercise of the kingly office in the government of
Virginia, had endeavored to pervert the same into a detestable and
insupportable tyranny, by putting his negative on laws the most
wholesome and necessary for the public good; by denying his gov-
ernors permission to pass laws of immediate and pressing importance,
unless suspended in their operation for his assent, and when so sus-
pended, neglecting to attend to them for many years ; by refusing to
pass certain other laws, unless the persons to be benefited by them
would relinquish the inestimable right of representation in the legis-
lature ; by dissolving legislative assemblies repeatedly and continually
for opposing with manly firmness his invasions of the rights of the
people ; when dissolved, by refusing to call others for a long space of
time, thereby leaving the political system without any legislative
head ; by endeavoring to prevent the population of our country, and
for that purpose obstructing the laws for the naturalization of for-
eigners ; by keeping among us, in time of peace, standing armies and
ships of war; by affecting to render the military independent of and
superior to the civil power; by combining with others to subject us
to a foreign jurisdiction, giving his assent to their pretended acts of
legislation, for quartering larg-e bodies of armed troops among us,
for cutting off our trade with all parts of the world, for imposing
taxes on us without our consent, for depriving us of the benefits of
the trial by jury, for transporting us beyond seas to be tried for pre-
tended offences, for suspending our own legislatures, and declaring
themselves invested with power to legislate for us in all cases whatso-
ever ; by plundering our seas, ravaging our coasts, burning our towns,
and destroying the lives of our people; by inciting insurrections of
our fellow-subjects with the allurements of forfeiture and confisca-
tion ; by prompting our negroes to rise in arms among us, those very
negroes whom, by an inhuman use of his negative, he had refused us
permission to exclude by law ; by endeavoring to bring on the inhabit-
ants of our frontiers the merciless Indian savages, whose known rule
3832 Virginia— 1850
of warfare is an imdistinguished destruction of all ages, sexes, and
conditions of existence; by transporting hither a large army of for-
eign mercenaries to complete the work of death, desolation, and
tyranny, then already begun with circumstances of cruelty and per-
fidy unworthy the head of a civilized nation; by answering our re-
peated petitions for redress with a repetition of injuries; and finally,
by abandoning the helm of government, and declaring us out of his
allegiance and protection; by which several acts of misrule the gov-
ernment of this country, as before exercised under the crown of Great
Britain, was totally dissolved, did, therefore, having maturely con-
sidered the jDremises, and viewing with great concern the deplorable
condition to which this once happy country would be reduced, unless
some regular, adequate mode of civil policy should be speedily
adopted, and in compliance with the recommendation of the general
Congress, ordain and declare a form of government of Virginia;
And whereas a convention held on the first Monday in October, in
the year one thousand eight hundred and twenty-nine, did propose
to the people of the commonwealth an amended constitution or form
of government, which was ratified by them ;
And whereas the general assembly of Virginia, by an act passed on
the fourth of March, in the year one thousand eight hundred and fifty,
did provide for the election, by the people, of delegates to meet in
general convention, to consider, discuss, and propose a new constitu-
tion, or alterations and amendments to the existing constitution of
this commonwealth ; and by an act passed on the thirteenth of March,
in the year one thousand eight hundred and fifty-one, did further pro-
vide for submitting the same to the people for ratification or rejection :
We, therefore, the delegates of the good peo])le of Virginia, elected
and in convention assembled, in pursuance of said acts, do j^ropose
to the people the following constitution and form of government for
this commonwealth :
Article I
BILL OF RIGHTS
The declaration of rights, as amended and prefixed to this consti-
tution, shall have the same relation thereto as it had to the former
constitution.
Article II
DIVISION or POWERS
The legislative, executive, and judiciary departments shall be sep-
arate and distinct, so that neither exercise the powers properly belong-
ing to either of the others; nor shall any person exercise the powers
of more than one of them at the same time, except that justices of
the peace shall be eligible to either house of assembly.
Article III
QUALIFICATION OF VOTERS
Section 1. Every white male citizen of the commonwealth, of the
age of twenty-one years, who has been a resident of the State for
two years, and of the county, city, or town where he offers to vote
Virginia— 1850 3833
for twelve months next preceding an election, and no other person,
shall be qualified to vote for members of the general assembly and all
officers elective by the people; but no person in the military, naval
or marine service of the United States shall be deemed a resident of
this State by reason of being stationed therein. And no person shall
have the right to vote who is of unsound mind, or a pauper, or a
non-commissioned officer, soldier, seaman, or marine in the service of
the United States, or who has been convicted of bribery in an elec-
tion, or of any infamous offence.
Sec. 2. The general assembly, at its first session after the adoption
of this constitution, and afterwards as occasion may require, shall
cause every city or town, the white population of which exceeds five
thousand, to be laid off into convenient wards, and a separate place
of voting to be established in each; and thereafter no inhabitant of
such city or town shall be allowed to vote except in the ward in which
he resides.
Sec. 3. No voter during the time for holding any election at which
he is entitled to vote shall be compelled to perform military service,
except in time of war or public danger; to work upon the public
roads, or to attend any court as suitor, juror, or witness; and no voter
shall be subject to arrest under any civil process during his attend-
ance at elections, or in going to and returning from them.
Sec. 4. In all elections votes shall be given openly, or 'viva 'voce,
and not by ballot ; but dumb persons entitled to suffrage may vote by
ballot.
Article IV
LEGISLATIVE DEPARTMENT
Section 1. The legislature shall be formed of two distinct branches,
which together shall be a complete legislature, and shall be called
" the general assembly of Virginia."
HOUSE OF DELEGATES
Sec. 2. One of these shall be called the house of delegates, and
shall consist of one hundred and fifty-two members, to be chosen
bienniall}^ for and by the several counties, cities, and towns of the
commonwealth, and distributed and apportioned as follows:
The counties of Augusta and Rockingham and the city of Rich-
mond shall each elect three delegates; the counties of Albemarle,
Bedford, Berkeley, Campbell, Fauquier, Franklin, Frederick, Hali-
fax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion,
Monongalia, Monroe, Norfolk, Pittsylvania, Preston, Rockbridge,
Shenandoah, and Washington shall each elect two delegates; the
counties of Botetourt and Craig shall together elect two delegates .
The counties of Accomack, Alexandria, Amherst, Appomattox,
Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Char-
lotte, Chesterfield, Clarke, Culpeper, Dinwiddle, Fairfax, Floyd,
Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Han-
over, Hardy, Henrico, Henry, Highland, Isle of Wight, Jack-
son, King William, Lee, Lewis, Louisa, Lunenburg, Madison, Mar-
shall, Mason, Mercer, Mecklenburg, Montgomery, Morgan, Nanse-
mond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas,
Princess Anne, Prince Edward, Prince William, Pulaski, Putnam,
3834 Virginia— 1850
Eandolpli, Kappahannock, Roanoke, Scott, Smyth, Southampton,
Spotsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood, and
Wythe, and the cities of Norfolk and Petersburg, shall each elect one
delegate.
The counties of Lee and Scott, in addition to the delegate to be
elected by each, shall together elect one delegate.
The following counties and cities shall compose election districts:
Alleghany and Bath; Amelia and Nottoway; Boone, Wyoming, and
Logan ; Braxton and Nicholas ; Charles City, James City, and New
Kent; Cumberland and Powhatan; Doddridge and. Tyler; Eliza-
beth City, Warwick, York, and the city of Williamsburg; Essex and
King and Queen; Fayette and Raleigh; Gilmer and Wirt; Greene
and Orange; Greenesville and Sussex; King George and Stafford;
Lancaster and Northumberland ; Matthews and Middlesex ; Pleasants
and Ritchie; Prince George and Surrey; and Richmond and West-
moreland; each of which districts shall elect one delegate.
At the first general election under this constitution, the county of
Ohio shall elect three delegates,, and the counties of Brooke and Han-
cock shall together elect one delegate; at the second general election,
the county of Ohio shall elect two delegates, and the counties of
Brooke and Hancock shall each elect one delegate; and so on, alter-
nately, at succeeding general elections.
At the first general election the county of Russell shall elect two
delegates, and the county of Tazewell shall elect one delegate; at
the second general election, the county of Tazewell shall elect tAvo
delegates, and the county of Russell shall elect one delegate; and
so on, alternately, at succeeding general elections.
The general assembly shall have power, upon application of a
majority of the voters of the county of Campbell, to provide, that
instead of the tAvo delegates to be elected by said county, the town
of Lynchburg shall elect one delegate, and the residue of the county
of Campbell shall elect one delegate.
Sec. 3. The other house of the general assembly shall be called the
senate, and shall consist of fifty members, to be elected for the term
of four 3'ears ; for the election of whom the counties, cities, and towns
shall be divided into fifty districts. Each count}^ city, and town of
the respective districts, at the time of the first election of its dele-
gate or delegates under this constitution, shall vote for one senator;
and the sheriffs or other officers holding the election for each county,
city, and town, within five days at farthest after the last election in
the district, shall meet at the court-house of the county or city first
named in the district, and from the polls so taken in their respective
counties, cities, and towns, return as senator the person who has
received the greatest number of votes in the whole district. Upon
the assembling of the senators so elected, they shall be divided in two
equal classes, to be numbered by lot. The term of service of the sena-
tors of the first class shall expire with that of the delegates first
elected under this constitution, and of the senators of the second class
at the expiration of two years thereafter; and this alternation shall
be continued, so that one-half of the senators may be chosen every
second year.
Virginia— 1850 3835
Sec. 4. For the election of senators —
I. The counties of Accomack and Northampton shall form one
district.
II. The city of Norfolk shall be another district.
III. The counties of Norfolk and Princess Anne shall form another
district.
IV. The counties of Isle of Wight, Nansemond, and Surry shall
form another district.
V. The counties of Sussex, Southampton, and Greenesville shall
form another district.
VI. The city of Petersburg and the county of Prince George shall
form another district.
VII. The counties of Dinwiddle, Amelia, and Brunswick shall
form another district.
VIII. The counties of Powhatan, Cumberland, and Chesterfield
shall form another district.
IX. The counties of Lunenburg, Nottoway, and Prince Edward
shall form another district.
X. The counties of Mecklenburg and Charlotte shall form another
district.
XL The county of Pittsylvania shall be another district.
XII. The county of Halifax shall be another district.
XIII. The counties of Henry, Patrick, and Franklin shall form
another district.
XIV. The county of Bedford shall be another district.
XV. The counties of Campbell and Appomattox shall form
another district.
XVI. The city of Williamsburg and the counties of James City,
Charles City, New Kent, York, Elizabeth City, and Warwick shall
form another district.
XVII. The counties of Henrico and Hanover shall form another
district.
XVIII. The city of Richmond shall be another district.
XIX. The counties of Gloucester, Matthews, and Middlesex shall
form another district.
XX. The counties of Richmond, Lancaster, Northumberland, and
Westmoreland shall form another district.
XXI. The counties of King and Queen, King William, and Essex
shall form another district.
XXII. The counties of Caroline and Spottsylvania shall form
another district.
XXIII. The counties of Stafford, King George, and Prince Wil-
liam shall form another district.
XXIV. The counties of Fairfax and Alexandria shall form an-
other district.
XXV. The county of Loudoun shall be another district.
XXVI. The counties of Fauquier and Rappahannock shall form
another district.
XXVII. The counties of Madison, CulpejDer, Orange, and Greene
shall forni another district.
XXVIII. The county of Albemarle shall be another district.
XXIX. The counties of Louisa, Goochland, and Fluvanna shall
form another district.
3836 Virginia— 1850
XXX. The counties of Nelson, Amherst, and Buckingham shall
form another district.
XXXI. The counties of Jefferson and Berkeley shall form another
district.
XXXII. The counties of Hampshire, Hardy, and Morgan shall
form another district.
XXXIII. The counties of Frederick, Clarke, and AVarren shall
form another district.
XXXIV. The counties of Shenandoah and Page shall form an-
other district.
XXXV. The counties of Rockingham and Pendleton shall form
another district.
XXXVI. The county of Augusta shall be another district.
XXXVII. The counties of Bath, Highland, and Rockbridge shall
form another district.
XXXVIII. The counties of Botetourt, Alleghany', Roanoke, and
Craig shall form another district.
XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery,
and Pulaski shall form another district.
XL. The counties of Mercer, Monroe, Giles, and Tazewell shall
form another district.
XLL The counties of Smyth, AAS'the, and Washington shall form
another district.
XLII. The counties of Scott, Lee, and Russell shall form another
district.
XLIII. The counties of Boone, Logan, Kanawha, Putnam, and
W.yoming shall form another district.
XLIV. The counties of Nicholas, Fayette Pocahontas, Raleigh,
Braxton, and Greenbrier shall form another district.
XLV. The counties of Mason, Jackson, Cabell, Wayne, and Wirt
shall form another district.
XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants,
and Wood shall form another district.
XLVII. The counties of AVetzel, Marshall, Marion, and Tyler
shall form another district.
XLVIII. The counties of Upshur. Barbour, Lewis, Gilmer, and
Randolph shall form another district.
XLIX. The counties of Monongalia, Preston, and Taylor shall
form another district.
L. The counties of Brooke, Hancock, and Ohio shall form another
district.
APPORTIONMENT OF REPRESENTATION
Sec. 5. It shall be the duty of the general assembly, in the year one
thousand eight hundred and sixty-five, and in every tenth year
thereafter, in case it can agree upon a principle of representation,
to reapportion representation in the senate and house of delegates in
accordance therewith; and in the event the general assembly, at the
first or any subsequent period of reapportionment, shall fail to
agree upon a principle of representation and to reapportion represen-
tation in acordance therewith, each house shall separately propose a
scheme of representation, containing a principle or ride for the
house of delegates, in connection with a principle or rule for the
senate. And it shall be the duty of the general assembly, at the same
Virginia— 1850 3837
session, to certify to the governor the principles or rules of repre-
sentation which the respective houses may separately propose, to be
ajjplied in making reapportionments in the senate ancl in the house
of delegates; and the governor shall, as soon thereafter as may be,
by proclamation, make known the propositions of the respective
houses, and require the voters of the commonwealth to assemble at
such time as he shall appoint, at their lawful places of voting, and
decide by their votes betAveen the propositions thus presented. In
the event the general assembly shall fail, in the year one thousand
eight hundred and sixtj^-five, or in any tenth year thereafter, to make
such reapportionment or certificate, the governor shall, immediately
after the adjournment of the general assembly, by proclamation,
require the voters of the commouAvealth to assemble, at such time
as he shall appoint, at their lawful places of voting, and to declare
by their votes —
First, whether representation in the senate and house of delegates
shall be apportioned on the " suffrage basis;" that is, according to the
number of voters in the several counties, cities, towns, and senatorial
districts of the commonwealth ;
Or, second, whether representation in both houses shall be appor-
tioned on the " mixed basis ; " that is, according to the number of
white inhabitants, contained, ancl the amount of all State taxes paid,
in the several counties, cities, and towns of the commonwealth, deduct-
ing therefrom all taxes paid on licenses and law process, ancl any
capitation tax on free negroes, allowing one delegate for every
seventy-sixth part of said inhabitants, and one delegate for every
seventy-sixth part of said taxes, and distributing the senators in like
manner ;
Or, third, whether representation shall be apportioned in the senate
on taxation ; that is, according to the amount of all State taxes paid
in the several counties, cities, and towns of the commonwealth, deduct-
ing therefrom all taxes paid on licenses and law process, and any
capitation-tax on free negroes, and in the house of delegates on the
" suffrage basis " as aforesaid ;
Or, fourth, whether representation shall be apportioned in the sen-
ate on the " mixed basis " as aforesaid, and in the house of delegates
on the " suffrage basis " as aforesaid ; and each voter shall cast his
vote in favor of one of said schemes of apportionment, and no more.
Sec. 6. It shall be the duty of the sheriffs and other officers taking
said polls to keep the same open for the period of three days, and,
within five days after they are closed, to certify true copies thereof to
the governor, who shall, as early as may be, ascertain the result of
said vote, and make proclamation thereof; and in case it is ascer-
tained that a majority of all the votes cast is in favor of either of the
principles of representation, referred as aforesaid to the choice of the
voters, the governor shall communicate the result of such vote to the
general assembly, at its first regular session thereafter ; but in case it
is ascertained that a majority of all the votes cast is not in favor of
either of the principles of representation referred as aforesaid to the
choice of the voters, it shall be the duty of the governor, as soon as
may be after ascertaining that fact, in like manner to cause the voters
to decide between the two principles of representation which shall, at
such previous voting, have received the greatest number of votes; and
he shall ascertain and make proclamation of the result of the said
3838 Virginia— 1850
last vote, and communicate the same to the general assembly at its
next regular session ; and in either case, the general assembly, at the
regular session thereof which shall be held next after the taking of
the vote, the result of which shall have been so communicated to it by
the governor, shall reapportion representation in the two houses re-
spectively in accordance with the principle of representation in each
for which a majority of the votes cast were given; and it shall be the
duty of the general assembly in every tenth year thereafter to reap-
portion and distribute the number of senators and delegates in accord-
ance with the same principle.
QUALIFICATIONS OF SENATORS AND DELEGATES
Sec. 7. Any person maj^ be elected senator who, at the time of elec-
tion, has attained the age of twenty-five years, and is actually a resi-
dent within the district, and qualified to vote for members of the gen-
eral assembly, according to this constitution. And any person may
be elected a member of the house of delegates who, at the time of elec-
tion, has attained the age of twenty-one years, and is actually a resi-
dent within the county, city, town, or election district, qualified to
vote for members of the general assembly according to this constitu-
tion ; but no person holding a lucrative office, no minister of the gos-
pel or priest of any religious denomination, no salaried officer of any
banking corporation or company, and no attorney for the common-
w^ealth shall be capable of being elected a member of either house of
assembly. The removal of any person elected to either branch of the
general assembly from the county, city, town, or district for which he
was elected shall vacate his office.
POWERS AND DUTIES OF THE GENERAL ASSEMBLY
Sec. 8. The general assembly shall meet once in every two years,
and not oftener, unless convened by the governor in the manner pre-
scribed in this constitution. No session of the general assembly, after
the first under this constitution, shall continue longer than ninety
days, without the concurrence of three-fifths of the members elected
to each house; in which case the session may be extended for a fur-
ther period, not exceeding thirty days. Neither house, during the
session of the general assembly, shall, without the consent of the
other, adjourn for more than three days, nor to any other place than
that in which the two houses shall be sitting. A majority of each
house shall constitute a quorum to do business, but a smaller number
may adjourn from day to day, and shall be authorized to compel the
attendance of absent members in such manner and under such penal-
ties as each house may provide.
Sec. 9. The house of delegates shall choose its own speaker, and, in
the absence of the lieutenant-governor, or when he shall exercise the
office of governor, the senate shall choose from their own body a presi-
dent pi'o tempore^ and each house shall ajipoint its own officers, settle
its own rules of proceeding, and direct writs of election for supplying
intermediate vacancies ; but if vacancies shall occur during the recess
of the general assembly, such Avrits may be issued by the governor,
under such regulations as may be presxjribed by law. Each house
shall judge of the election, qualification, and returns of its members,
may punish them for disorderly behavior, and, with the concurrence
Virginia— 1850 3839
of two-thirds, expel a member, but not a second time for the same
offence.
Sec. 10. The members of the assembly shall receive for their
services a compensation, to be ascertained by law, and paid out of
the public treasury; but no act increasing such compensation shall
take etfect until after the end of the term for which the members of
the house of delegates voting thereon were elected. And no senator
or delegate, during the term for which he shall have been elected,
shall be appointed to any civil office of profit under the common-
wealth, which has been created, or the emoluments of which have
been increased, during such term, except offices filled by elections by
the j)eople.
Sec. 11. Bills and resolutions may originate in either of the two
houses of the general assembly, to be approved or rejected by the
other, and may be amended by either house with the consent of the
other.
Sec. 12. Each house of the general assembly shall keep a journal of
its proceedings, which shall be published from time to time, and the
yeas and nays of the members of either house, on any question, shall,
at the desire of one- fifth of those present, be entered on the journal.
No bill shall become a law until it has been read on three different
days of the session in the house in which it originated, unless two-
thirds of the members elected to that house shall otherwise determine.
Sec. 13. The whole number of members to which the State may at
any time be entitled in the House of Eepresentatives of the United
States shall be apportioned as nearly as may be amongst the several
counties, cities, and towns of the State, according to their respective
numbers ; wdiich shall be determined by adding to the whole number
of free persons, including those bound to service for a term of years,
and exluding Indians not taxed, three-fifths of all other persons.
Sec. 1-1. In the apportionment the State shall be divided into
districts, corresponding in number with the rei^resentatives to which
it may be entitled in the House of Representatives of the Congress of
the United States, which shall be formed respectively of contiguous
counties, cities, and towns, be compact, and include, as nearly as may
be, an equal number of the population, upon which is based repre-
sentation in the House of Representatives of the United States.
Sec. 15. The privilege of the writ of habeas corpus shall not in any
case be suspended. The general assembly shall not pass any bill of
attainder ; or any ex post facto law ; or an law impairing the obliga-
tion of contracts ; or any law wdiereby private property shall be taken
for public uses without just compensation ; or any law abridging the
freedom of speech or of the press. No man shall be compelled to fre-
quent or support any religious worship, place, or ministry whatsoever;
nor shall any man be enforced, restrained, molested, or burdened in
his body or goods, or otherwise suffer, on account of his religious
opinions or belief ; but all men shall be free to profess, and by argu-
ment to maintain, their opinions in matters of religion, and the same
shall in no wise affect, diminish, or enlarge their civil capacities.
And the general assembly shall not prescribe any religious test what-
ever; or confer any peculiar privileges or advantages on any sect or
denomination ; or pass any law requiring or authorizing any religious
society, or the people of any district within this commonwealth, to
levy on themselves or others any tax for the erection or repair of any
3840 Virginia— 1850
house for public worship, or for the support of any church or min-
istry; but it shall be left free to every person to select his religious
instructor, and to make for his support such private contract as he
shall please.
Sec. 16. No law shall embrace more than one object, which shall
be expressed in its title ; nor shall any law be revived or amended by
reference to its title, but the act revived or section amended shall be
reenacted and published at length.
Sec. 17. The general assembly may provide that no person shall
be capable of holding, or being elected to, any post of profit, trust, or
emolument, civil or military, legislative, executive, or judicial, under
the government of this commonwealth, who shall hereafter fight a
duel, or send or accept a challenge to fight a duel, the probable issue
of which may be the death of the challenger or challenged, or who
shall be second to either party, or shall in any manner aid or assist in
such duel, or shall be knoAvingly the bearer of such challenge or
acceptance; but no person shall be so disqualified by reason of his
having heretofore fought such duel, or sent or accepted such chal-
lenge, or been second in such duel, or bearer of such challenge or
acceptance.
Sec. 18. The governor, lieutenant-governor, judges, and all others
offending against the State, by maladministration, corruption, neglect
of duty, or other high crime or misdemeanor, shall be impeachable
by the house of delegates and be prosecuted before the senate, which
shall have the sole power to try impeachments. AVlien sitting for
that purpose they shall be on oath or afHrmation ; and no person shall
be convicted without the concurrence of two-thirds of the members
present. Judgment, in cases of impeachment, shall not extend fur-
ther than to removal from office and disqualification to hold and
enjoy any office of honor, trust, or profit under the commonwealth ;
but the party convicted shall nevertheless be subject to indictment,
trial, judgment, and punishment according to law. The senate may
sit during the recess of the general assembly for the trial of imj^each-
ments.
SLAVES AND FREE NEGROES
Sec. 19. Slaves hereafter emancipated shall forfeit their freedom
by remaining in the commonwealth more than twelve months after
they become actually free, and shall be reduced to slavery under such
regulation as may be prescribed by law.
Sec. 20. The general assembly may impose such restrictions and
conditions as they shall deem proper on the power of slave-owners to
emancipate their slaves; and may pass laws for the relief of the
commonwealth from the free negro population, by removal or other-
w^ise.
Sec. 21. The general assembly shall not emancipate any slave, or
the descendant of any slave, either before or after the birth of such
descendant.
TAXATION AND FINANCE
Sec. 22. Taxation shall be equal and uniform throughout the com-
monwealth, and all property other than slaves shall be taxed in pro-
portion to its value, which shall be ascertained in such manner as may
be prescribed by law.
Virginia— 1850 3841
Sec. 23. Every slave who has attained the age of twelve years shall
be assessed with a tax equal to and not exceeding that assessed on
land of the value of three hundred dollars. Slaves under that age
shall not be subject to taxation; and other taxable property may be
exempted from taxation by the vote of a majority of the whole
number of members elected to each house of the general assembly.
Sec. 24. A capitation-tax, equal to the tax assessed on land of the
value of two hundred dollars, shall be levied on every white male
inhabitant who has attained the age of twenty-one years; and one
equal moiety of the capitation-tax upon white persons shall be applied
to the purposes of education in primary and free schools ; but noth-
ing herein contained shall prevent exemptions of taxable polls in
cases of bodily infirmity.
Sec. 25. The general assembly may levy a tax on incomes, salaries,
and licenses; but no tax shall be levied on property from which any
income so taxed is derived, or on the capital invested in the trade or
business in respect to which the license so taxed is issued.
Sec. 26. No money shall be drawn from the treasury but in pur-
suance of appropriations made by law ; and a statement of the
receipts, disbursements, appropriations, and loans shall be published
after the adjournment of each session of the general assembly, with
the acts and resolutions thereof.
Sec. 27. On the passage of every act which imposes, continues, or
revives a tax, or creates a debt or charge, or makes, continues, or
revives any appropriation of public or trust money or property, or
releases, discharges, or commutes any claim or demand of the State,
the vote shall be determined by yeas and nays, and the names of the
persons voting for and against the same shall be entered on the
journals of the respective houses, and a majority of all the members
elected to each house shall be necessary to give it the force of a law.
Sec. 28. The liability to the State of any incorporated company or
institution to redeem the principal and pay the interest of any loan
heretofore made, or which may hereafter be made, by the State to
such company or institution, shall not be released; and the general
assembly shall not pledge the faith of the State, or bind it in any
form, for the debts or obligations of any company or corporation.
Sec. 29. There shall be set apart annually, from the accruing reve-
nues, a sum equal to 7 per cent, of the State debt exising on the first
day of January, in the year one thousand eight hundred and fifty-
two. The fund thus set apart sliall be called the sinking-fund, and
shall be applied to the payment of the interest of the State debt, and
the principal of such part as may be redeemable. If no part be
redeemable, then the residue of the sinking-fund, after the payment
of such interest, shall be invested in the bonds or certificates of debt
of this commonwealth, or of the United States, or of some of the
States of this Union, and applied to the payment of the State debt
as it shall become redeemable, ^\^lenever, after the said first day of
January, a debt shall be contracted by the commonwealth, there shall
be set apart in like manner, annually, for thirty-four years, a sum
exceeding by 1 per cent, the aggregate amount of the annual interest
agreed to be paid thereon at the time of its contraction ; which sum
shall be part of the sinking-fund, and shall be applied in the manner
before directed. The general assembly shall not otherwise appropri-
3842 Virginia— 1850
ate anj' part of the sinking-fund or its accruing interest, except in
time of war, insurrection, or invasion.
Sec. 30. The general assembly may, at any time, direct a sale of the
stocks held by the commonAvealth in internal improvement and other
companies ; but the proceeds of such sale, if made before the payment
of the public debt, shall constitute a part of the sinking-fund, and be
applied in like manner.
Sec. 31. The general assembly shall not contract loans or cause to
be issued certificates of debt or bonds of the State, irredeemable for a
period greater than thirtj'-four years.
GENERAL PROVISIONS
Sec. 32. The general assembly shall not grant a charter of incor-
poration to any church or religious denomination, but may secure the
title to church property to an extent to be limited by law.
Sec. 33. Xo lottery shall hereafter be authorized by law: and the
buying, selling, or transferring of tickets or chances in any lottery,
not now authorized by a law of this State, shall be prohibited.
Sec. 34. Xo new county shall be formed with an area less than six
hundred square miles; nor shall the county or counties from which
it is formed be reduced below that area ; nor shall any county, having
a Avhite population less than five thousand, be deprived of more than
one-fifth of such population ; nor shall a county having a larger
white population be reduced below four thousand. But any county,
the length of which is three times its mean breadth, or which exceeds
fifty miles in length, may be divided at the discretion of the general
assembly. In all general elections the voters in ruj county, not
entitled to sejDarate representation, shall vote in the same election
district.
Sec. 35. The general assembly shall confer on the courts the power
to grant divorces, change the names of persons, and direct the sale of
estates belonging to infants and other persons under legal disabilities,
but shall not, by special legislation, grant relief in such cases, or in
any other case of which the courts or other tribunals may have juris-
diction.
Sec. 36. The general assembly shall provide for the periodical regis-
tration in the several counties, cities, and towns, of the voters therein ;
and for the annual registration of the births, marriages, and deaths
ill the white population, and of the births and deaths in the colored
population of the same, distinguishing between the numbers of the
free colored persons and slaves.
Sec. 37. The general assembly, at intervals of five j^ears from the
dates of the returns of the census of the United States, shall cause to
be taken a census and such statistics of this State as may be prescribed
by law ; which census and statistics shall be returned to the secretary
of the commonwealth, Avho shall compare and correct the returns and
report the same to the general assembh^
Sec. 38. The manner of conducting and making returns of elec-
tions, of determining contested elections, and of filling vacancies in
office, in cases not specially provided for by this constitution, shall be
prescribed by law; but special elections to fill vacancies in the office
of judge in any court shall be for a full term. And the general
Virginia— 1850 3843
assembly may declare the cases in which aii}^ office shall be deemed
vacant, where no provision is made for that purpose in this consti-
tution.
Article V
EXECUTIVE DEPARTMENT
GOVERNOR
Section 1. The chief executive power of this commonwealth shall
be vested in a governor. He shall hold the office for the term of four
years, to commence on the first day of January next succeeding his
election, and be ineligible to the same office for the term next succeed-
ing that for which he was elected, and to any other office during his
term of service.
Sec. 2. The governor shall be elected by the voters, at the times and
places of choosing members of the general assembly. Returns of the
elections shall be transmitted, under seal, by the proper officers, to
the secretary of the commonAvealth, who shall deliver them to the
speaker of the house of delegates on the first day of the next session
of the general assembly. The speaker of the house of delegates shall,
within one week thereafter, in the presence of a majority of the sen-
ate and house of delegates, open the said returns, and the votes shall
then be counted. The person having the highest number of votes
shall be declared elected; but if two or more shall have the highest
and an equal number of votes, one of them shall be chosen governor
by the joint vote of the two houses of the general assembly. Con-
tested elections for governor shall be decided l)y a like vote, and the
mode of proceeding in such cases shall be prescribed by law.
Sec. 3. No person shall be eligible to the office of governor unless
he has attained the age of thirty years, is a native citizen of the
United States, and has been a citizen of Virginia for five yeavfi next
preceding his election.
Sec. 4. The governor shall reside at the seat of government; shall
receive five thousand dollars for each year of his services, and while
in office shall receive no other emolument from this or any other
government.
Sec. 5. He shall take care that the laws be faithfully executed;
communicate to the general assembly at every session the condition
of the commonwealth; recommend to their consideration such meas-
ures as he may deem expedient ; and convene the general assembly
on application of a majority of the members of both houses thereof,
or when in his opinion the interest of the commonwealth maj require
it. He shall be commander-in-chief of the land and naval forces of
the State; have power to embody the militia to repel invasion, sup-
press insurrection, and inforce the execution of the laws; conduct,
either in person or in such other manner as shall be prescribed by law,
all intercourse with other and foreign states; and, during the recess
of the general assembly, fill, pro ternqyore^ all vacancies in those offices
for which the constitution and laws make no ])rovision; but his ap-
pointments to such vacancies shall be by commissions to expire at
the end of thirty days after the commencement of the next session of
the general assembly. He shall have power to remit fines and penal-
ties in such cases and under such rules and regulations as may be pre-
3844 Virginia— 1850
scribed by law ; and, except when the prosecution has been carried on
by the house of delegates, or the law shall otherwise particularly
direct, to grant reprieves and pardons after conviction, and to com-
mute capital punishment; but he shall communicate to the general
assembly, at each session, the particulars of every case of fine or
penalty remitted, of reprieve or pardon granted, and of punishment
commuted, with his reasons for remitting, granting, or commuting
the same.
Sec. 6. He may require information in writing from the officers in
the executive department, upon any subject relating to the duties of
their respective offices; and may also require the opinion in writing
of the attorney-general upon any question of law connected with his
official duties.
Sec. 7. Commissions and grants shall run in the name of the com-
monwealth of Virginia, and be attested b}^ the governor, with the seal
of the commonwealth annexed.
LIEUTENANT-dOVERNOR
Sec. 8. A lieutenant-governor shall be elected at the same time, and
for the same term as the governor, and his qualification and the man-
ner of his election in all respects shall be the same.
Sec. 9. In case of the removal of the governor from office, or of his
death, failure to qualify, resignation, removal from the State, or in-
ability to discharge the powers and duties of the office, the said office,
with its compensation, shall devolve upon the lieutenant-governor,
and the general assembly sliall provide by law for the discharge of
the executive functions in other necessary cases.
Sec. 10. The lieutenant-governor shall be president of the senate,
but shall have no vote, and Avhile acting as such shall receive a com-
pensation equal to that allowed to the speaker of the house of
delegates.
SECRETARY OF THE COMMONWEALTH, TREASURER, AND AUDITOR
Sec. 11. a secretary of the commonwealth, treasurer, and an audi-
tor of public accounts shall be elected by the joint vote of the two
houses of the general assembly, and continue in office for the term of
two years, unless sooner removed.
Sec. 12. The secretary shall keep a record of the official acts of the
governor, which shall l)e signed hy the governor and attested by the
secretary; and when required, he shall lay the same, and any papers,
minutes, and vouchers pertaining to his office, before either house of
the general assembly, and shall perform such other duties as may be
prescribed by law.
Sec. 13. The powers and duties of the treasurer and auditor shall
be such as now are or may be hereafter prescribed by law.
BOARD OE PUBLIC WORKS
Sec. 14. There shall be a board of public works, to consist of three
commissioners. The State shall be divided into three districts, con-
taining as nearly as may be equal numbers of voters, and the voters of
each district shall elect one commissioner, whose term of office shall
be six years; but of those first elected, one, to be designated by lot,
Virginia~1850 3845
shall remain in office for two years only, and one other, to be desig-
nated in like "manner, shall remain in office for four years only.
Sec. 15. The general assembly, at its first session after the adoption
of this constitution, shall provide for the election and compensation
of the commissioners, and the organization of the board. The com-
missioners first elected shall assemble on a day to be appointed by law,
and decide by lot the order in which their terms of service shall expire.
Sec. 16. The board of public works shall appoint all officers em-
ployed on the public works, and all persons representing the interest
of the commonwealth in works of internal improvement, and shall
perform such other duties as may l)e prescribed by law.
Sec. 17. The members of the board of public works may be re-
moved by the concurrent vote of a majority of all the members elected
to each house of the general assembh^ ; but the cause of removal shall
be entered on the journal of each house.
Sec. 18. The general assembly shall have power, by a vote of three-
fifths of the members elected to each house, to abolish said board
whenever in their opinion a board of public works shall no longer
be necessary.
MU.ITIA
Sec. 19. The manner of appointing militia officers shall be pre-
scribed by law.
Article VI
JUDICIARY department
Section 1. There shall be a supreme court of appeals, district
courts, and circuit courts. The jurisdiction of these tribunals and of
the judges thereof, except so far as the same is conferred by this con-
stitution, shall be regulated by law.
JUDICIAL OIVISIONS
Sec. 2. The State shall be divided into twenty-one judicial circuits,
ten districts, and five sections.
I. The counties of Princess Anne, Norfolk, Nansemond, Isle of
Wight, Southampton, Greenesville, Surry, and Sussex, 'and the city
of Norfolk shall constitute the first circuit.
II. The counties of Prince George, Dinwiddie, Brunswick, Meck-
lenburg, Lunenburg, Nottoway, Amelia, Chesterfield, and Powhatan,
and the city of Petersburg shall constitute the second circuit.
III. The counties of Cumberland, Buckingham, Appomattox,
Campbell, Prince Edward, Charlotte, and Halifax, and the town of
Lynchburg shall constitute the third circuit.
IV. The counties of Pittsylvania, Bedford, Franklin, Patrick, and
Henry shall constitute the fourth circuit.
V. The counties of Accomack and Northampton shall constitute
the fifth circuit.
VI. The counties of Elizabeth City, Warwick, York, Gloucester,
Matthews, Middlesex, Henrico, New Kent, Charles City, and James
City, and the city of Williamsburg shall constitute the sixth circuit.
VII. The city of Richmond shall be the seventh circuit.
VIII. The counties of Lancaster. Northumberland, Richmond,
Westmoreland, King George, Spottsylvania, Caroline, Hanover, King
7535— VOL 7—09 5
3846 Virginia~1850
William, King and Queen, and Essex shall constitute the eighth cir-
cuit.
IX. The counties of Stafford, Prince AVilliam, Alexandria, Fair-
fax, Loudoun, Fauquier, and Rappahannock shall constitute the ninth
circuit.
X. The counties of Culpeper, Madison, Greene, Orange, Albemarle,
Louisa, Fluvanna, and Goochland shall constitute the tenth circuit.
XI. The counties of Nelson, Amherst, Rockbridge, Augusta, and
Bath shall constitute the eleventh circuit.
XII. The counties of Pendleton, Highland, Rockingham, Page,
Shenandoah, Warren, and Hardy shall constitute the twelfth circuit.
XIII. The counties of Clarke, Frederick, Hampshire, Morgan,
Berkeley, and Jefferson shall constitute the thirteenth circuit.
XIV. The counties of Monroe, Greenbrier, Pocahontas, Alleghany,
Botetourt, Roanoke, and Craig shall constitute the fourteenth circuit.
XV. The counties of Giles, Mercer, Raleigh, Wyoming, Logan,
Boone. Fayette, and Nicholas shall constitute the fifteenth circuit.
XVI. The counties of Grayson, Carroll, AVythe, Floyd, Pulaski,
and Montgomery shall constitute the sixteenth circuit.
XVII. The counties of Smyth, Tazewell, Washington, Russell,
Scott, and Lee shall constitute the seventeenth circuit.
XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam,
and Kanawha shall constitute the eighteenth circuit.
XIX. The counties of Wood, Wirt, Gilmer, Braxton, Lewis,
Ritchie, Doddridge, and Pleasants shall constitute the nineteenth
circuit.
XX. The counties of Hancock, Brooke, Ohio, Marshall, Wetzel,
Tyler, and Monongalia shall constitute the twentieth circuit.
XXI. And the counties of Harrison, Marion, Taylor, Preston,
Barbour, Randolph, and Upshur shall constitute the twenty-first cir-
cuit.
Sec. 3. The first and second circuits shall constitute the first dis-
trict ; the third and fourth circuits the second district ; the fifth, sixth,
and seventh circuits the third district ; the eighth and ninth circuits
the fourth district; the tenth and eleventh circuits the fifth district;
the twelfth and thirteenth circuits the sixth district ; the fourteenth
and fifteenth circuits the seventh district; the sixteenth and seven-
teenth circuits the eighth district ; the eighteenth and nineteenth cir-
cuits the ninth district; and the tw^entieth and twenty-first circuits
the tenth district.
Sec. 4. The first and second districts shall constitute the first sec-
tion ; the third and fourth districts the second section ; the fifth and
sixth districts the third section ; the seventh and eighth districts the
fourth section ; and the ninth and tenth districts the fifth section.
Sec. 5. The general assembly may, at the end o f eight years after
the adoption of this constitution, and thereafter at intervals of eight
years, rearrange the said circuits, districts, and sections, and place any
number of circuits in a district, and of districts in a section ; but each
circuit shall be altogether in one district, and each district in one
section; and there shall not be less than two districts and four circuits
in a section, and the number of sections shall not be increased or
diminished.
Virginia— 1850 3847
CIRCUIT COURTS
Sec. (). For each circuit a judge shall be elected by the voters
thereof, who shall hold liis office for the term of eight years, unless
sooner removed in the manner prescribed by this constitution. He
shall at the time of his election be at least thirty years of age, and
during his continuance in office shall reside in the circuit of which
he is judge.
Sec. 7. A circuit court shall be held at least twice a year by the
judge of each circuit in every county and corporation thereof, wherein
a circuit court is now or may hereafter be established. But the
judges in the same district may be required or authorized to hold the
courts of their respective circuits alternately, and a judge of one
circuit to hold a court in any other circuit.
DISTRICT COURTS
Sec. 8. A district court shall be held at least once a j^ear in every
district, by the judges of the circuits constituting the section and the
judge of the supreme court of ai)peals for the section of which the
district forms a part, any three of whom may hold a court ; but no
judge shall sit or decide ui^on any appeal taken from his own decision.
The judge of the supreme court of appeals of one section may sit in
the district courts of another section, Avhen required or authorized by
law to do so.
Sec. 9. The district court shall not have original jurisdiction, ex-
cept in cases of habeas corpus, mandamus, and prohibition.
COURT OF APPEALS
Sec. 10. For each section a judge shall be elected by the voters
thereof, who shall hold his office for the term of twelve years, unless
sooner removed in the manner prescribed by this constitution. He
shall at the time of his election be at least thirty-five years of age,
and during his continuance in office reside in the section for which he
is elected.
Sec. 11. The supreme court of appeals shall consist of the five
judges so elected, any three of Avhom may hold a court. It shall have
appellate jurisdiction only, excej^t in cases of habeas corpus, man-
damus, and prohibition. It shall not have jurisdiction in civil causes
Avhere the matter in controversy, exclusive of costs, is less in value
or amount than five hundred dollars, except in controversies concern-
ing the title or boundaries of land, the probate of a will, the appoint-
ment or qualification of a personal representative, guardian, commit-
tee, or curator; or concerning a mill, road, way, ferry, or landing, or
the right of a corporation or of a county to levy tolls or taxes; and
except in cases of habeas corpus, mandainus, and prohibition, and
cases involving freedom, or the constitutionality of a law.
Sec. 12. Special courts of appeals, to consist of not less than three
nor more than five judges, may be formed of the judges of the
supreme court of appeals and of the circuit courts, or any of them, to
try any cases remaining on the dockets of the present court of ap-
peals when the judges thereof cease to hold their offices; or to try any
cases which may be on the dockets of the supreme court of appeals
established by this constitution, in respect to which a majority of the
3848 Virginia— 1850
judges of said court may be so situated as to make it improper for
them to sit on the hearing thereof.
Sec. 13. When a judgment or decree is reversed or affirmed bj^ the
supreme court of appeals, the reasons therefor shall be stated in writ-
ing, and preserved with the record of the case.
GENERAL PROVISIONS
Sec. 14. Judges shall be commissioned by the governor, and shall
receive fixed and adequate salaries, which shall not be diminished
during their continuance in office. The salary of a judge of the
supreme court of appeals shall not be less than three thousand dol-
lars, and that of a judge of a circuit court not less than two thousand
dollars per annum, except that of the judge of the fifth circuit, which
shall not be less than fifteen hundred dollars per annum; and each
shall receive a reasonable allowance for necessary travel.
Sec. 15. Xo judge, during his term of service, shall hold any other
office, appointment, or public trust, and the acceptance thereof shall
vacate his judicial office; nor shall he, during such term, or within
one year thereafter, be eligible to any political office.
Sec. IG. Xo election of judge shall be held within thirty days of
the time of holding any election of electors of President and Vice-
President of the United States, of members of Congress or of the
general assembly.
Sec. 17. Judges may be removed from office by a concurrent vote of
both houses of the general assembly, but a majority of all the mem-
bers elected to each house must concur in such vote ; and the cause of
removal shall be entered on the journal of each house. The judge
against whom the general assembly may be about to proceed shall re-
ceive notice thereof, accompanied by a copy of the causes alleged for
his removal, at least twenty days before the day on which either house
of the general assembly shall act thereupon.
Sec. 18. The officers of the supreme court of appeals and of the
district courts shall be appointed by the said courts respectively, or
by the judges thereof in vacation. Their duties, compensation, and
tenure of office shall be prescribed by law.
Sec. 19. The voters of each county or corporation in which a cir-
cuit court is held shall elect a clerk of such court, whose term of
office shall be six years. The attorney for the commonwealth, elected
for a county or corporation wherein a circuit court is directed to be
held, shall be attorney for the commonwealth for that court ; but in
case a circuit court is held for a city, or for a county and a city, there
shall be an attorney for the commonwealth for sucli, to be elected by
the voters of such city or county and city, and to continue in office
for the term of four years. The duties and compensation of these
officers, and the mode of removing them from office, shall be pre-
scribed by law.
Sec. 20. AA^ien a vacancy shall occur in the office of clerk of any
court, such court may appoint a clerk pro tempore, Avho shall dis-
charge the duties of the office until the vacancy is filled.
Sec. 21. The general assembly shall provide for the compensation
of jurors, but appropriations for that purpose shall not be made from
the State treasury, except in prosecutions for felony and misde-
meanor.
Virginia— 1850 3849
Sec. 22. At every election of a governor, an attorney-general shall
be elected by the voters of the commonwealth for the term of four
years. He shall be commissioned by the governor, shall jjerform such
duties and receive such compensation as may be prescribed by law,
and be removable in the manner prescribed for the removal of judges.
Sec. 23. Judges and all other officers, whether elected or appointed,
shall continue to discharge the duties of their respective offices after
their terms of service have expired, until their successors are qualified.
Sec. 24. Writs shall run in the name of the commonwealth of Vir-
ginia, and be attested bj^ the clerks of the several courts. Indict-
ments shall conclude, " against the peace and dignity of the com-
monwealth."
COUNTY COURTS
Sec. 25. There shall be in each county of the commonwealth a
county court, Avhich shall be held monthly, by not less than three nor
more than five justices, except when the law shall require the presence
of a greater number.
Sec. 26. The jurisdiction of the said courts shall be the same as that
of the existing county courts, except so far as it is modified by this
constitution, or may be changed by law.
Sec. 27. Each county shall be laid off into districts, as nearly
equal as may be in territory and population. In each district there
shall be elected, by the voters thereof, four justices of the peace, who
shall be commissioned by the governor, reside in their respective dis-
tricts, and hold their offices for the term of four years. The justices
so elected shall choose one of their own body, who shall be the presid-
ing justice of the county court, and whose duty it shall be to attend
each term of said court. The other justices shall be classified by
law for the performance of their duties in court.
Sec. 28. The justices shall receive for their services in court a per-
diem compensation, to be ascertained by law, and paid out of the
county treasury ; and shall not receive any fee or emolument for other
judicial services.
Sec. 29. The power and jurisdiction of justices of the peace within
their respective counties shall be prescribed by law.
COUNTY OFFICERS
Sec. 30. The voters of each county shall elect a clerk of the county
court, a surveyor, an attorney for the commonwealth, a sheriff, and
so many commissioners of the revenue as may be authorized by law,
who shall hold their respective offices as follows: The clerk and the
surveyor for the term of six years ; the attorney for the term of four
years; the sheriff and the commissioners for the term of two years.
Constables and overseers of the poor shall be elected by the voters, as
may be prescribed by law.
Sec. 31. The officers mentioned in the preceding section, except the
attorneys, shall reside in the counties or districts for which they were
respectively elected. No person elected for two successive terms to
the office of sheriff shall be reeligible to the same office for the next
succeeding term ; nor shall he, during his term of service, or within
one year thereafter, be eligible to any political office.
3850 Virginia— 1860
Sec. 32. The justices of the peace, sheriffs, attorneys for the com-
monweakh, clerks of the circuit and county courts, and all other
county officers, shall be subject to indictment for malfeasance, mis-
feasance, or neglect of official duty; and, upon conviction thereof,
their offices shall become vacant.
COKPORATION COURTS AND OFFICERS
Sec. 33. The general assembly may vest such jurisdiction as shall
be deemed necessary in corporation courts, and in the magistrates who
may belong to the corporate body.
Sec. 34. All officers appertaining to the cities and other municipal
corporations shall be elected by the qualified voters, or appointed by
the constituted authorities of such cities or cor])orations, as may be
prescribed by law. •
Done in convention, in the city of Richmond, on the first day of
August, in the year of our Lord one thousand eight hundred and
fifty-one, and in the seventy-sixth year of the commonwealth of
Virginia.
John Y. Mason, President.
S. D. AViiiTTLE, Secretary.
SCHEDULE
Section 1. It shall be the duty of the president of this convention,
immediately on its adjournment, to certify to the governor a copy
of the bill of rights and constitution adopted, together with this
schedule.
Sec. 2. Upon the receipt of such certified copy, the govei-nor shall
forthwith announce the fact by proclamation, to be published in such
ncAvspapers of the State as may be deemed requisite for general in-
formation ; and shall annex to his proclamation a copy of the bill of
rights and constitution, together with this schedule; which procla-
mation, bill of rights, constitution, and schedule shall be published
in the manner indicated, for the period of one month; and ten
printed copies thereof shall, by the secretary of the comuionwealth,
be immediately transmitted l)y mail to the clerk of each county and
corporation court in this commonwealth, to be by such clerk submit-
ted to the examination of any person desiring the same.
Sec. 3. The officers authoi'ized by existing laws to conduct general
elections shall, at the places appointed for holding the same, open a
poll-book on the fourth Thursday in October next, to be headed " The
constitution as amended and schedule," and to contain two separate
columns; the first column to be headed "For ratifying; " the other
to be headed " For rejecting." And such officers keeping said polls
open for the space of three days, shall then and there receive and
record in said poll-book the votes for and against this constitution
and schedule, of all persons qualified under the existing or amended
constitution, to exercise the right of suffrage.
Sec. 4. The taking of the polls, the duties to be performed by the
officers, the privilege of the voters, and the penalties attaching for
misconduct on the part of any person, shall be in all things as^ pre-
scribed by the second, third, fourth, seventh, eighth, and ninth sec-
tions of the act of the general assembly passed March the fourth, one
thousand eight hundred and fifty, entitled "An act to take the sense
Virginia— 1850 3851
of the people upon the call of a convention, and providing for organ-
izing the same,'' so far as the provisions of the said sections may be
applicable.
Sec. 5. It shall be the duty of the governor, upon receiving the
returns of said officers, to ascertain the result thereof, and forthwith
to declare the same by his proclamation, stating the aggregate vote
in the State for and against the ratification of the amended constitu-
tion and schedule, which shall be published at least once a week until
the second Monday in December next, in such newspapers as, in his
opinion, will be best calculated to diffuse general information thereof;
and if it ajDpear that a majority of the votes cast is in favor of ratifi-
cation, the governor, at the same time, and in like manner, shall make
proclamation for holding, on the day last mentioned, a general elec-
tion throughout the State for delegates and senators to the general
assembly, according to the apportionment and districts prescribed
in this constitution ; and also for the election of a governor, lieuten-
ant-governor, and attorney-general.
Sec. 6. The officers authorized by existing laws to hold and conduct
general elections, shall hold and conduct the elections herein required ;
and such officers and all other persons shall be governed and con-
trolled therein by the provisions of said laws, so far as the same maj^
be applicable to and necessary for the proper conducting of the said
elections. Duplicate polls shall be separately kept for governor and
lieutenant-governor, for attorney-general, and for senators and dele-
gates to the general assembly, which shall be verified by the oaths of
the officers conducting the elections.
Sec. 7. The verified duplicate polls for governor, lieutenant-gov-
ernor, and attorney-general shall be deposited with the clerks of the
several counties and cities, who shall retain one in their respective
offices, and transmit the other by mail to the secretary of the common-
wealth.
Sec. 8. In the election of senators and delegates for districts formed
of more than one county and city, the officers conducting the same at
the court-house of the several counties and cities forming each dis-
trict shall assemble, on the eighth day after the commencement of the
said election, at the court-house of the county or city first named as
one of the counties of the district ; shall compare the polls and ascer-
tain the result, and shall deliver and return certificates of election
according to the laws now in force.
Sec. 9. The members of the general assembly so elected shall meet
at the capitol in the city of Richmond on the second Monday in
January, in the year one thousand eight hundred and fifty-two, and
then and there organize as the general assembly of Virginia; but
before such organization, they shall respectively take the oath of
fidelity to the commonwealth, and the other oaths of office required
by the laws now in force.
Sec. 10. The election of members of the general assembly under
this constitution shall vacate the seats of those elected under the
present constitution.
Sec. 11. The official terms of the delegates first elected to the gen-
eral assembly under this constitution shall expire on the thirtieth day
of June, in the year one thousand eight hundred and fifty-three.
Sec. 12. The official terms of the first governor, lieutenant-gov-
ernor, and attorney-general elected under this constitution shall
3852 Virginia— 1864
expire on the thirty-first day of December, in the year one thousand
eight hundred and fifty-five.
Sec. 13. The present judges of the supreme court of api^eals and
of the circuit courts, and their successors, who may be appointed
under the existing constitution, shall remain in office until such time
as the law may prescribe for the commencement of the official terms
of the judges under the amended constitution, and no longer; which
time shall not be more than six months after the termination of the
first session of the general assembly under the amended constitution.
Sec. 14. The executiAe department of the government shall remain
as at present organized; and the governor and councillors of state
and their successors appointed under the existing constitution shall
continue in office until a governor elected under this constitution shall
be qualified ; and all other persons in office when this constitution is
adopted, except as is herein otherwise expressly directed, shall con-
tinue in office until their successors are qualified: and vacancies in
office, happening before such qualification, shall be filled in the man-
ner now prescribed by law.
Sec. 15. All the courts of justice now existing shall continue with
their present jurisdiction until and except so far as the judicial system
may or shall be otherwise organized; and all laws in force when
this constitution is adopted, and not inconsistent therewith, and all
rights, prosecutions, actions, claims, and contracts shall remain and
continue as if this constitution was not adopted.
Sec. IG. The general assembly shall pass all laws necessary for
carrjdng this constitution into full effect and operation.
Done in convention, in the city of Richmond, on the first day of
August, in the year of our Lord one thousand eight hundred and
fifty-one, and in the seventy-sixth year of the commonwealth of
Virginia.
John Y. Mason, President.
S. D. Whittle, Secretary.
CONSTITUTION OF VIRGINIA— 1861
[A convention which met at Richmond February 13, 18G1, passed
an ordinance of secession, subject to the ratification or rejection of
the people, and amended the constitution. The ordinance of secession
was ratified by 128,884 votes against 32,734 votes.]
CONSTITUTION OF VIRGINIA— 1864 * «
BILL OF RIGHTS
[This bill of rights was adopted from the constitution of 1830, as
amended from its original passage in 17T().J
* Journal of the Constitutional Convention whioli convened at Alexandria, on
the 13th day of February, 1864. Alexandria : D. Turner, Printer to the State,
1864. pp. 52.
Also see note to constitution of 1850.
a This constitution was framed by a convention which assembled at Alexandria
February 1.3. 1804. composed of delegates from such portions of Virginia as were
then within the Union lines, and had not been included in the recently formed
State of West Virginia. It was adopted April 11, 1864, and was not submitted
to the people for ratification.
Virginia— 1864 3853
CONSTITUTION
Wliereas the delegates and representatives of the good people of
Virginia in convention assembled, on the twenty-ninth day of Jnne,
in the year of our Lord one thousand seven hundred and seventy-six,
reciting and declaring, that whereas George the Third, King of
Great Britain and Ireland and elector of Hanover, before that time
intrusted with the exercise of the kingly office in the government of
Virginia, had endeavored to pervert the same into a detestable and
insupportable tyranny, by putting his negative on law^s the most
wholesome and necessary for the public good; by denjdng his gov-
ernors permission to pass laws of immediate and pressing import-
ance, unless suspended in their operation for his assent, and when so
suspended, neglecting to attend to them for many years, by refusing
to pass certain other laws, unless the persons to be benefited by them
would relinquish the inestimable right of representation in the legis-
lature; by dissolving legislative assemblies repeatedly and contin-
ually, for opposing with manly firmness his invasions of the rights of
the people ; when dissolved, by refusing to call others for a long space
of time, thereby leaving the political system without any legislative
head ; by endeavoring to prevent the population of our country, and
for that purpose obstructing the laws for the naturalization of for-
eigners ; by keeping among us, in time of peace, standing armies and
ships of war ; by affecting to render the military independent of and
superior to the civil ])ower; by combining wath others to subject us
to a foreign jurisdiction, giving his assent to their pretended acts of
legislation, for quartering large bodies of armed troops among us,
for cutting off our trade with all parts of the world, for imposing
taxes on us without our consent, for dejDriving us of the benefits of
the trial by jury, for transporting us beyond seas for trial for pre-
tended offences, for suspending our own legislatures, and declaring
themselves invested with power to legislate for us in all cases what-
soever; by plundering our seas, ravaging our coasts, burning our
towns, and destroying the lives of our people; by inciting insurrec-
tions of our fellow-subjects with the allurements of forfeiture and
confiscation; by prompting our negroes to rise in arms amongst us,
those very negroes whom, by an inhuman use of his negative, he had
refused us permission to exclude by law ; by endeavoring to bring on
the inhabitants of our frontiers the merciless Indian savages, whose
known rule of warfare is an undistinguished destruction of all ages,
sexes, and conditions of existence ; by transporting hither a large
army of foreign mercenaries to complete the work of death, desola-
tion, and tyranny, theji already begun with circumstances of cruelty
and perfidy unworthy the head of a civilized nation; by answering
our repeated petitions for redress with a repetition of injuries; and
finally, by abandoning the helm of government, and declaring us out
of his allegiance and protection; by which several acts of misrule
the government of this country, as before exercised under the crown
of Great Britain, was totally dissolved, did, therefore, having ma-
turely considered the premises, and viewing with great concern the
deplorable condition to which this once happy country would be
reduced, unless some regular, adequate mode of civil policy should be
speedily adopted, and in compliance with the recommendation of the
3854 Virginia— 1864
general Congress, ordain and declare a form of government of
Virginia;
And whereas a convention held on the first Monday in October, in
the year one thousand eight hundred and twenty-nine, did propose to
the people of the commonwealth an amended constitution or form of
government, which was ratified by them;
And whereas the general assembly of Virginia, by an act passed
on the fourth of JNIarch, in the year one thousand eight hundred and
fifty, did provide for the election, by the people, of delegates to meet
in general convention, to consider, discuss, and propose a new consti-
tution, or alterations and amendments to the existing constitution of
this commonwealth ; and by an act passed on the thirteenth of March,
in the year one thousand eight hundred and fifty-one, did further
provide for submitting the same to the people for ratification or
rejection; and the same having been submitted accordingly was rati-
fied by them.
And whereas the general assembly of Virginia, by an act passed on
the twenty-first day of December, in the year one thousand eight hun-
dred and sixt^-three, did provide for the election, by the people, of
delegates to meet in general convention to consider, discuss, and
adopt alterations and amendments to the existing constitution of this
commonwealth :
We therefore, the delegates of the good people of Virginia, elected
and in convention assembled, in pursuance of said act, have adopted
the following constitution and form of government for this common-
wealth.
Article I
BILL OF RIGHTS
The declaration of rights, as prefixed to this constitution, shall
have the same relation thereto as it had to the former constitution.
Artkle II
DIVISION (IF POWERS
The legislative, executive, and judiciary departments shall be
separate and distinct, so that neither exercise the powers properly
belonging to either of the others; nor shall any person exercise the
powers of more than one of them at the same time, except that
justices of the peace shall be eligible to either house of assembly.
Article III
QUALIFICATION OF VOTERS
Section 1. Every white male citizen of the commonwealth, of the
age of twenty-one j-ears, who has been a resident of the State for one
year, and of the county, cit3% or town where he offers to vote for six
months next preceding an election, and who has paid all taxes assessed
to him, after the adoption of this constitution, under the laws of the
commonwealth after the reorganization of the county, city, or town
where he offers to vote, shall be qualified to vote for members of the
Virginia— J 864 3855
general assembly, and all officers elective by the people: Provided,
however, T]iat no one shall be allowed to vote who, when he offers
to vote, shall not thereupon take, or shall not before have taken, the
following oath :
" I do solenmly swear [or affirm] that I will support the Con-
stitution of the United States and the laws made in pursuance
thereof, as the supreme law of the land, anything in the constitution
and laws of the State of Virginia, or in the ordinances of the con-
vention which assembled at Richmond on the thirteenth day of Feb-
ruary, eighteen hundred and sixty-one, to the contrary notwithstand-
ing; and that I will uphold and defend the government of Virginia
as restored by the convention which assembled at Wheeling on the
eleventh day of June, eighteen hundred and sixty-one, and that I
have not since the first day of January, eighteen hundred and sixty-
four, voluntarily given aid or assistance, in any way, to those in
rebellion against the Government of the United States for the pur-
pose of promoting the same."
But the legislature shall have power to pass an act or acts pre-
scribing means by which persons who have been disfranchised by this
provision shall or may be restored to the rights of voters when in
their opinion it will be safe to do so. Any person falsely so swearing
shall be subject to the penalties of perjury.
No person shall hold any office under this constitution who shall
not have taken and subscribed the oath aforesaid. But no person
shall vote or hold office under tliis constitution who has held office
under the so-called confederate government, or under any rebellious
State government, or who has been a member of the so-called con-
federate congress, or a member of any State legislature in rebellion
against the authority of the United States, excepting therefrom
county officers."
No person in the military, naval, or "marine service of the United
States shall be deemed a resident of this State by reason of being-
stationed therein; but citizens of this State, when in the military
service of the United States, shall be permitted to vote, under such
regulations as may be prescribed by the general assembly, wherever
they may be stationed, the same as if they were within their respec-
tive cities, counties, or districts. No person shall have the right to
vote who is of unsound mind or a pauper, or who has been convicted
of bribery in an election, or of any infamous offence.
Sec. 2. The general assembly, as occasion may require, shall cause
every city or town, the white population of which exceeds five thou-
sand, to be laid off into convenient wards, and a separate place of
voting to be established in each; and thereafter no inhabitants of
such city or town shall be allowed to vote except in the w^ard in which
he resides.
Sec. 3. No voter, during the time for holding any election at which
he is entitled to vote, shall be compelled to perform military service,
except in time of war or public danger; to work upon the public
roads, or to attend any court as suitor, juror, or witness; and no voter
shall be subject to arrest under any civil process during his attendance
at elections, or in going to or returning from them.
a See aiueudment.
3856 Virginia— 1864
Sec. 4. In all elections for members of the general assembly and
other State oJBicers, votes shall be given by ballot, and not viva voce,
for -which the general assembly shall provide by law, at its first ses-
sion after the adoption of this constitntion, but until such provision
shall have been made, votes shall be given as heretofore.
Article IY
legislative department
Section 1. The legislative power of this commonwealth shall be
vested in a general assembly, Avhich shall consist of a senate and house
of delegates.
Sec. 2. The house of delegates shall consist of not less than eighty
and of not more than one hundred and four members. The senate
shall never be less than one-fourth nor more than one-third the num-
ber of the house of delegates.
Sec. 3. The house of delegates shall be elected biennially, by the
voters of the cities of Norfolk and Richmond, and the several coun-
ties, on the fourth Thursday in ^lay.
Sec. 4. The counties of Augusta and Rockingham, and the cit}^ of
Richmond, shall each elect three delegates; the counties of Accomac,
Albemarle, Bedford, Berkeley, Campbell, Fauquier, Franklin, Fred-
erick, Halifax, Henrico, Jefferson, Loudoun, Norfolk, Pittsylvania,
Rockbridge, Scott, Shenandoah, and "Washington, shall each elect two
delegates; the county of Dinwiddle and the city of Petersburg shall
together elect two delegates, and the city of Norfolk shall elect two
delegates.
The counties of Alleghany, Amherst, Bottetourt, Caroline, Carroll,
Chesterfield, Floyd, Giles, Grayson, Hanover, Henry, Lee, Louisa,
Mecklenburg, Montgomery, Nansemond, Nelson, Northampton, Page,
Patrick, Prince William, Princess Anne, Rappahannock, Russell,
Smyth, Southampton, Spottsylvania, Tazewell, and Wythe shall each
elect one delegate.
The following counties and cities shall compose election districts:
Appomattox and Prince Edward, Amelia, Powhatan, and Nottoway,
Bath and Highland, Brunswick and Greenville, Bland and Pulaski,
Buchanan and Wise, Buckingham and Cumberland, Charlotte and
Lunenburg, Charles City, James City, and New Kent, Clarke and
Warren, Craig and Roanoke, Culpepper and Orange, Elizabeth City,
York, Warwick, and city of Williamsburg, Essex and Middlesex,
Fluvanna and Goochland, Gloucester and Matthews, Greene and
Madison, Isle of Wight and Surrey. King George and Stafford, King
and Queen and King William, Lancaster and Northumberland,
Prince George and Sussex, Richmond and Westmoreland, each of
which districts shall elect one delegate.
At the first general election under this constitution the county of
Alexandria shall elect two delegates and the county of Fairfax one
delegate. At the second general election the county of Fairfax shall
elect two delegates and the county of Alexandria shall elect one dele-
gate, and so on alternately at succeeding elections.
Virginia— 1864 3857
THE SENATE
Sec. 5. The senators shall be elected for the term of four 3-ears, for
the election of whom the counties, cities, and towns shall be divided
into thirty- four districts.
Each county, city, and town of the respective districts at the time
of the first election of its delegate or delegates under this constitution,
shall vote for one senator, and the sheriffs or other officers holding
the election for each county, city, or town within ten days at the far-
thest after the last election in the district, and from the polls so taken
in their respective counties, cities, and towns, return as senator the
person who has received the greatest number of votes in the whole
district.
FOR THE ELECTION OF SENATORS
I. The counties of Accomac and Northampton shall form one dis-
trict.
II. The city. of Norfolk shall be another district.
III. The counties of Norfolk and Princess Anne shall form another
district.
IV. The counties of Isle of Wight, Nansemond, Surry, and South-
ampton shall form another district.
V. The counties of Sussex, Prince George ,and Dinwiddle shall
form another district.
VI. The counties of Louisa, Henrico, and Hanover shall form an-
other district.
VII. The counties of Matthews, Gloucester, Middlesex, King and
Queen, King William, and Essex shall form another district.
VIII. The counties of Lancaster, Northumberland, Richmond,
Westmoreland, Caroline, and King George shall form another district.
IX. The counties of James City, Charles City, New Kent, York,
Elizabeth City, Warwick, and city of Williamsburg shall form an-
other district.
X. The city of Richmond shall be another district.
XL The counties of Chesterfield, Amelia, Prince Edward, Cumber-
land, and Powhatan shall form another district.
XII. The counties of Buckingham, Albemarle, Fluvanna, and
Goochland shall form another district.
XIII. The counties of Spottsylvania, Stafford, Orange, and Prince
William shall form another district.
XIV. The counties of Alexandria and Fairfax shall form another
district.
XV. The counties of Frederick, Clarke, and Warren shall form
another district.
XVI. The county of Loudoun shall be another district.
XVII. The counties of Rappahannock, Fauquier, Madison, and
Culpepper shall form another district.
XVIII. The counties of Shenandoah and Page shall form anotlier
district.
XIX. The counties of Rockingham and Green shall form another
district.
XX. The county of Augusta shall be another district.
3858 Virginia— 1864
XXI. The counties of Kockbridge and Nelson shall form another
district.
XXII. The counties of Allegheny, Bath, Highland, and Battetourt
shall form another district.
XXIIL The counties of Appomattox, Campbell, and Charlotte
shall form another district.
XXIV. The counties of Mecklenburg, Lunenburg, Nottoway,
Brunswick, and Greenville shall form another district.
XXV. The counties of Pittsylvania and Halifax shall form an-
other district.
XXVI. The counties of Amherst and Bedford shall form another
district.
XXVII. The counties of Henry and Franklin shall form another
district.
XXVIII. The counties of Giles, Montgomery, Roanoke, and Craig
shall form another district.
XXIX. The counties of Carroll, Floyd, and Patrick shall form
another district.
XXX. The counties of Wythe, Grayson, Pulaski, and Bland shall
form another district.
XXXI. The counties of Washington and Sm3'th shall form an-
other district.
XXXII. The counties of Buchanan, Kussell, and Tazewell shall
form another district.
XXXIII. The counties of Scott, Lee, and Wise shall form another
district.
XXXIV. The counties of Berkeley and Jefferson shall form an-
other district.
Sec. 0. It shall l)e the duty of the general assembly, in the year
one thousand eight hundred and seventy, and in every tenth year
thereafter, to reapportion representation in the senate and house of
delegates among the cities of Norfolk and Richmond, and the several
counties, from an enumeration of the inhabitants of the State.
QUALIFICATION OF SKNATORS AND DELEGATES
Sec. 7. Any person may be elected senator who at the time of elec-
tion has attained the age of twenty-five years, is actually a resident
within the district, and qualified to vote for members of the general
assembly according to this Constitution. And any person may be
elected a member of the house of delegates who at the time of election
has attained the age of twenty-one years, and is actually a resident
within the county, city, town, or election district, qualified to vote
for members of the general assembly according to this constitution ;
but no person holding a lucrative office, no minister of the gospel,
priest of any religious denomination, or salaried officer of any bank-
ing corporation or company, and no attorney for the commonwealth,
shall be capable of being elected a member of either house of the
general assembly. The removal of any person elected to either
branch of the general assembly from the city, county, town, or district
for which he was elected shall vacate his office.
Virginia— 1864 3859
POWERS AND DUTIES OF THE GENERAL ASSEMBLY
Sec. 8. The general assembly shall meet annually, and not oftener,
unless convened by the governor in the manner prescribed in this
constitution.
No session of the general assembly, after the first under this con-
stitution, shall continue longer than sixty days, without the concur-
rence of three-fifths of the members elected to each house, in which
case the session may be extended for a further period, not exceeding
thirty days.
Neither house, during the session of the general assembly, shall,
without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two houses shall be
sitting.
A majority of the members elected to each house shall constitute
a quorum to do business, but a smaller number may adjourn from
day to day, and shall be authorized to compel the attendance of absent
members, in such manner and under such penalty as each house may
provide.
Sec. 9. The house of delegates shall choose its own speaker, and
in the absence of the lieutenant-governor, or when he shall exercise
the office of governor, the senate shall choose from their own officers,
a joresident />/'o tempore^ and each house shall appoint its own officers,
settle its own rules of proceeding, and direct Avrits of election for
supplying intermediate vacancies, but if vacancies shall occur during
the recess of the general assembly, such Avrits may be issued by the
governor, under such regulations as may be prescribed by law.
Each house shall judge of the election, qualification, and returns of
its members, may punish them for disorderly behavior, and, with the
concurrence of two-thirds, expel a member, but not a second time
for the same offence.
Sec. 10. The members of the general assembly shall receive for
their services a compensation to be ascertained by law and paid out
of the public treasury, but no act increasing such compensation shall
take effect until after the end of the term for which the memliers of
the house of delegates voting thereon were elected.
And no senator or delegate during the term for which he shall
have been elected shall be appointed to any civil office of profit under
the commonwealth, which has been created, or the emoluments of
which have been increased, during such term, except offices filled by
election by the people.
Sec. 11. Bills and resolutions may originate in either of the two
houses of the general assembly, to be approved or rejected by the
other, and may be amended by either house with the consent of the
other.
Sec. 12. Each house of the general assembly shall keep a journal
of its proceedings, which shall be published from time to time, and
the yeas and nays of the members of either house, on any question,
shall, at the desire of one-fifth of those present, be entered on the
journal. No bill shall become a law until it has been read on three
different days of the session in the house in which it originated, unless
two-thirds of the members elected to that house shall otherwise
determine.
3860 Virginia— 1864
Sec, 13. The whole number of members to which the State may at
any time be entitled in the House of Representatives of the United
States shall be apportioned as nearly as may be amongst the several
counties, cities, and towns of the State, according to their population.
Sec. 14. In the apportionment, the State shall be divided into dis-
tricts corresponding in number with the Representatives to which it
may be entitled in the House of Representatives of the Congress of
the United States, which shall be formed respectively of contiguous
counties, cities, and towns, be compact, and include, as nearly as may
be, an equal number of population.
Sec. 15. The privilege of habeas eor'piis shall not in any case be
suspended. The general assembh'' shall not pass any bill of attainder,
or any ex post facto law, or any law impairing the obligations of con-
tracts, or any law whereby private property shall be taken for public
uses without just compensation, or any law abridging the freedom of
speech or of the press. No man shall be compelled to frequent or
siip]:)ort any religious worship, phice, or ministry whatsoever, nor
shall any man be enforced, restrained, molested, or burdened in his
body or goods, or otherwise suffer on account of his religious opinions
or belief, but all men shall be free to jirofess, and by argument to
maintain, their opinions in matters of religion, and the same shall in
nowise atl'ect, diminish, or enlarge their civil capacities. And the
general assembly shall not prescribe any religious test Avhatever, or
confer any peculiar privileges or advantages on any sect or denomina-
tion, or pass any law requiring or authorizing any religious society,
or the people of any district within this commouAvealth, to levy on
themselves or others any tax for the erection or repair of any house
of public worship, or for the support of any church or ministry, but
it shall be left free to every person to select his religious instructor,
and to make for his support such private contract as he shall please.
Sec. 16. No law shall embrace more than one object, which shall be
expressed in its title, nor shall any law be revived or amended by
reference to its title, but the act revived or the section amended shall
be reenacted and published at length.
Sec. it. The general assembly may provide that no person shall be
capable of holding, or being elected to, any post of profit, trust, or
emolument, civil or military, legislative, executive, or judicial, under
the government of this commonwealth, who shall hereafter fight a
duel, or send or accept a challenge to fight a duel, the probable issue
of which may be the death of the challenger or challenged, or who
shall be a second to either party, or shall in any manner aid or assist
in such duel, or shall be knowingly the bearer of such challenge or
acceptance, but no person shall be so disqualified by reason of his
having heretofore fought such duel, or sent or accepted such chal-
lenge, or been second in such duel, or bearer of such challenge or
acceptance.
Sec. 18. The governor, lieutenant-governor, judges, and all others
offending against the State by maladministration, corruption, neglect
of duty, or other high crime or misdemeanor, shall be impeachable by
the house of delegates, and be prosecuted before the senate, which
shall have the sole power to try impeachments. When sitting for that
purpose they shall be on oath or affirmation, and no person shall be
convicted without the concurrence of two-thirds of the members pres-
ent. Judgment in case of impeachment shall not extend further than
Virginia— 1864 3861
to removal from office, and disqualification to hold or enjoy any office
of honor, trust, or profit under the commonwealth ; but the party con-
victed shall, nevertheless, be subject to indictment, trial, judgment,
and jDunishment according to law. The senate may sit, during the
recess of the general assembly, for the trial of impeachment.
SLAVERY OR FREEDOM
Sec. 19. Slavery and involuntary servitude (except for crime) is
hereby abolished and prohibited in the State forever.
Sec. 20. Courts of competent jurisdiction may apprentice minors
of African descent on like conditions provided by law for appren-
ticing Avhite children.
Sec. 21. The general assembly shall make no law establishing
slavery or recognizing property in human beings.
Sec. 22. A capitation-tax, equal to the tax assessed on land of the
value of two hundred dollars, shall be levied on every white male
inhabitant who has attained the age of twenty-one years, and one
equal moiety of the capitation-tax upon white persons shall be applied
to the purposes of education in primary and free schools ; but nothing
herein contained shall prevent exemptions of taxable polls in cases
of bodily infirmity.
Sec. 23. Taxation shall be equal and uniform throug;hout the
connuonwealth, and all property shall be taxed in projjortion to its
value, which shall be ascertained in such manner as may be prescribed
by law. The general assembly may levy a tax on incomes, salaries,
and licenses, but no tax shall be levied on property from which any
income so taxed is derived of the capital invested in trade or business
in respect to which the license so taxed is issued.
Sec. 24. No money shall be drawn from the treasury but in pur-
suance of appropriation made by law, and a statement of receipts,
disbursements, appropriations, and loans shall be published after the
adjournment of each session of the general assembly, with the acts
and resolutions thereof.
Sec. 25. On the passage of every act which imposes, continues,
or revives a tax, or creates a debt or charge, or makes, continues, or
revives any appropriation of public or trust money or property, or
releases, discharges, or commutes any claim or demand of the State,
the vote shall be determined by yeas and nays, and the names of the
persons voting for and against the same shall be entered on the
journals of the respective houses, and a majority of all the members
elected to each house shall be necessary to give it the force of a law.
Sec. 26. The liability to the State of any incorporated company
or institution to redeem the principal and pay the interest of any
loan heretofore made or which may hereafter be made by the State
to such company or institution shall not be released, and the general
assembly shall not pledge the faith of the State or bind it in any
form for the debt or obligation of any company or corj^oration.
Sec. 27. The general assembly shall provide by law for adjusting
with the State of West Virginia the proportion of the public debt of
Virginia, proper to be borne by the States of Virginia and of West
Virginia, respectively, and may authorize, in conjunction with the
State of West Virgiiiia, the sale of all lands and property of every
description, including all stocks and other interests owned and held
by the State of Virginia in banks, works of internal improvement,
7535— VOL 7—09 6
3862 Virginia— 1864
and other companies at the time of the formation of the State of
West Virginia, and no ordinance passed by the convention which
assembled at AVheeling on the eleventh da,y of June, eighteen hundred
and sixty-one, adjusting the public debt between Virginia and West
Virginia, shall be binding upon this State. It shall not provide for
the payment of any debt or obligation created in the name of the
State of Virginia by the usurped and pretended State authori-
ties cit Richmond ; and it shall not allow any county, city, or corpora-
tion to levy or collect any tax for the payment of any debt created
for the purpose of aiding any rebellion against the State or the
United States. The legislature shall not provide for the payment of
any bonds now held by rebels in arms against the State or United
States governments.
Sec. 28. The general assembly may at any time direct the sale of
the stocks held by the commouAvealth in internal improvements, and
other companies located within the limits of this commonwealth, but
the proceeds of such sale, if made before the ])ayment of the public
debt, shall be appropriated to the payment thereof.
Sec. 29. No debt shall be contracted by this State except to meet
casual deficits in. the revenue, to redeem a previous liability of the
State, or to suppress insurrection, repel invasion, or defend the State
in time of war. If the State becomes a stockliolder in any association
or corporation for purposes of internal improvements, such stock
shall be paid for at the time of subscription, or a tax shall be levied
for the ensuing year sufficient to pay the subscription in full.
GENERAL PROVISIONS
Sec. 30. The general assembly shall not grant a charter of incor-
poration to any church or religious denomination, but may secure
the title to church property to an extent to be limited by law.
Sec. 31. No lottery shall hereafter l)e authorized by law, and the
buying, selling, or transferring of tickets or chances in anj'^ lottery
not now authorized by a law of this State shall be prohibited.
Sec. 32. No new county shall be formed with an area of less than
six hundred square miles; nor shall the county or counties from
which it is formed be reduced below that area, nor shall any county
having a white population less than five thousand be deprived of
more than one-fifth of such population, nor shall a county having
a larger white population be reduced below four thousand. But any
county, the length of which is three times its mean breadth, or which
exceeds fifty miles in length, ma}^ be divided at the discretion of
the general assembly. In all general elections the voters in any
countj'^ not entitled to separate representation shall vote in the same
election district.
Sec. 33. The general assembly shall confer on the courts the power
to grant divorces, change the names of persons, and direct the sale
of estates belonging to infants and other persons under legal dis-
abilities, but shall not, b}^ special legislation, grant relief in such
cases, or in any other case of Avhich the courts or other tribunals
may have jurisdiction.
Sec. 34. The general assembly shall provide for the periodical
registration in the several counties, cities, and towns of the voters
therein; and for the annual registration of births, marriages, and
Virginia— 1864 3863
deaths in the white population, and of the births and deaths in the
colored population.
Sec. 35. The manner of conducting and making returns of elec-
tions, of determining contested electioijs, and of filling vacancies in
office, in cases not specially provided for by this constitution, shall
be prescribed by law ; but special elections to fill vacancies in the
office of judge of any court shall be for a full term. And the gen-
eral assembly may declare the cases in which any office shall be
deemed vacant, where no provision is made for that purpose in this
constitution.
xVrticlk V
EXECUTIVE DEPARTMENT
GOVERNOR
Section 1. The chief executive power of this commonwealth shall
be vested in a governor. He shall hold the office for the term of
four years, to connnence on the first day of January next succeeding
his election, and be ineligible to the same office for the term next
succeeding that for which' he was elected, and to any other office
during his term of service.
Sec. 2. The governor shall be elected by the voters, at the times
and places of choosing members of the general assembly. Returns
of the elections shall be transmitted under seal, by the proper officers,
to the secretary of the commonwealth, who shall deliver them to the
speaker of the house of delegates on the first day of the next session
of the general assembly. The speaker of the house of delegates shall,
within one week thereafter, in the presence of the senate and house
of delegates, open the said returns, and the votes shall then be
counted. The person having the highest number of votes shall be
declared elected; but if two or more shall have the highest and
equal number of votes, one of them shall be chosen governor by the
joint vote of the two houses of the general assembly. Contested
elections for governor shall be decided by a like vote, and "the mode
of proceeding in such cases shall be prescribed by law.
Sec. 3. Xo person shall be eligible to the office of governor unless
he has attained the age of thirty years, is a native citizen of the
United States, and has been a citizen of Virginia for five years next
preceding his election.
Sec. 4. The governor shall reside at the seat of government ; shall
receive five thousand dollars for each year of his services ; and, while
in office, shall receive no other emolument from this or au}^ other
government.
Sec. 5. He shall take care that the laws be faithfully executed ;
communicate to the general assembly at every session the condition
of the commonwealth ; recommend to their consideration such meas-
ures as he may deem, expedient ; and convene the general assembly on
application of a majority of the members of both houses thereof, or
when, in his opinion, the interest of the commonwealth may require
it. He shall be connnander-in-chief of the land and naval forces of
the State; have power to embody the militia to repel iuA'asion, sup-
press insurrection, and enforce the execution of the laws; conduct,
either in person or in such other manner as shall be prescribed by law,
3864 Virginia— 1864
all intercourse with other and foreign States ; and, during the recess
of the general assembly, fill, pro tempore^ all vacancies in those offices
for which the constitution and laws make no provision; but his
appointments to such vacancies shall be by commission, to expire at
the end of thirty days after the commencement of the next session
of the general assembly. He shall have power to remit fines and
penalties in such cases and under such rules and regulations as may
be prescribed by law ; and, except when the prosecution has been car-
ried on by the house of delegates, or the law shall otherwise particu-
larly direct, to grant reprieves and pardons after conviction, and to
commute capital punishment; but he shall communicate to the gen-
eral assembly, at each session, the particulars of every case of fine or
penalty remitted, of reprieve or pardon granted, and of punishment
commuted, with his reasons for remitting, granting, or commuting
the same.
Sec. C. He may require information in writing from the officers in
the executive department, upon any sul)ject relating to the duties of
their respective offices; and may also require the opinion in writing
of the attorney-general upon any question of hnv connected with his
official duties.
Sec. 7. Couunissions and grants shall run in the name of the com-
monwealth of Virginia, and be attested l)y the governor, with the seal
of the commonwealth annexed.
UEUTENA.NT-GOVERNOR
Sec. 8. A lieutenant-governor shall be elected at the same time and
for the same term as the governor, and his qualification and the man-
ner of his election in all resi)ects shall be the same.
Sec. 9. In case of the removal of the governor from office, or of
his death, failure to qualify, resignation, removal from the State, or
inability to discharge the powers and duties of the office, the said
office, w^ith its compensation, shall devolve upon the lieutenant-
governor; and the general assembly shall provide by law for the dis-
charge of the executive functions in other necessary cases.
Sec. 10. The lieutenant-governor shall be president of the senate,
but shall have no vote: and while acting as such shall receive a com-
pensation equal to that allowed to the speaker of the house of
delegates.
SECRETARY OF THE COMMONWEALTH, TREASURER. AND AUDITOR
Sec. 11. A secretary of the commonwealth, treasurer, and an au-
ditor of public accounts shall be elected by the joint vote of the two
houses of the general assembly, and continue in office for the term
of two years, unless sooner removed.
Sec. 12. The secretar^^ shall keep a record of the official acts of the
governor, which shall be signed by the governor and attested by the
secretary; and when required, he shall lay the same, and any papers,
minutes, and vouchers pertaining to his office, before either house of
the general assembly; and shall perform such other duties as may
be prescribed by law.
Sec. 13. The powders and duties of the treasurer and auditor shall
be such as now are, or may be hereafter, prescribed by law.
Virginia— 1864 3865
BOARD OF PUBLIC WOEKS
Sec. 14. There shall be a board of public works, to consist of three
commissioners. The State shall be divided into three districts con-
taining as nearly as may be equal numbers of voters, and the voters
of each district shall elect one commissioner, whose term of office
shall be six years ; but of those first elected, one, to be designated by
lot, shall remain in office for two years only, and one other, to be
designated in like manner, shall remain in office for four years only.
Sec. 15. The general assembly shall provide for the election and
compensation of the commissioners, and the organization of the board.
The commissioners first elected shall assemble on a day to be ap-
pointed by law, and decide by lot the order in which their term of
service shall expire.
Sec. 10. The board of public works shall appoint all officers em-
ployed on the public works, and all persons representing the interest
of the commonwealth in works of internal improvement, and shall
perform such other duties as may be prescribed by law.
Sec. 17. The members of the board of public works may be removed
by the concurrent vote of a majority of all the members elected to
each house of the general assembly; but the cause of removal shall
be entered on the journal of each house.
Sec. 18. The general assembly shall have power, by a vote of three-
fifths of the members elected to each house, to abolish said board
whenever, in their opinion, a board of public works shall no longer
be necessary ; and until the general assembly shall direct an election
of a board of public works, after the adoption of this constitution,
and such board shall have been duly elected and qualified, the gov-
ernor, auditor, and treasurer of the commonwealth shall constitute
said board, and shall exercise the authority and discharge the duties
thereof, and the secretary of the commonwealth shall discharge the
duties of the clerk of said board.
Sec. 19. The manner of appointing militia officers shall be pre-
scribed by law.
Article VI
JUDICIARY department
Section 1. There shall be a supreme court of appeals, district
courts, and circuit courts. The jurisdiction of these tribunals, and
of the judges thereof, except so far as the same is conferred by this
constitution, shall be regulated by law. The judges shall be chosen,
by the joint vote of the tAvo houses of the general assembly, from
persons nominated by the governor,
JUDICIAL DIVISfON
Sec 2. The State shall be divided into sixteen judicial circuits,
seven districts, and three sections.
I. The counties of Princess Anne, Norfolk, Nansemond, Isle of
Wight, Southampton, Greenesville, Surry, and Sussex, and the city
of Norfolk, shall constitute the first circuit.
3866 Virginia— 1864
II. The counties of Prince George, Dinwiddie, Brunswick, Meck-
lenburg, Lunenburg, Nottoway, Amelia, Chesterfield, and Powhatan,
and the city of Petersburg, shall constitute the second circuit.
III. The counties of Cumberland, Buckingham, Appomattox,
Campbell, Prince Edward, Charlotte, and Halifax, and the town of
Lynchburg, shall constitute the third circuit.
IV. The counties of Pitts^dvania, Bedford, Franklin, Patrick, and
Henry shall constitute the fourth circuit.
V. The counties of Accomac and Northampton shall constitute the
fifth circuit.
VI. The counties of Elizabeth City, Warwick, York, Gloucester,
Matthews, Middlesex, Henrico, New Kent, Charles City, and James
City, and the city of Williamsburg, shall constitute the sixth circuit.
VII. The city of Richmond shall be the seventh circuit.
VIII. The counties of Lancaster, Northumberland, Richmond,
Westmoreland, King George, Spottsylvania, Caroline, Hanover, King
William, King and Queen, and Essex shall constitute the eighth
circuit.
IX. The counties of Stafford, Prince William, Alexandria, Fair-
fax, Loudoun, Fauquier, and Rappahannock shall constitute the ninth
circuit.
X. The counties *of Culpepper, Madison, Greene, Orange, Albe-
marle, Louisa, Fluvanna, and Goochland shall constitute the tenth
circuit.
XL The counties of Nelson, Amherst, Rockbridge, Augusta, and
Bath shall constitute the eleventh circuit.
XII. The counties of Highland, Rockingham, Page, Shenandoah,
and AVarren shall constitute the twelfth circuit.
XIII. The counties of Clarke, Frederick, Berkele}^, and Jeiferson
shall constitute the thirteenth circuit.
XIV. The counties of Alleghany, Bottetourt, Roanoke, Craig, and
Giles shall constitute the fourteenth circuit.
XV. The counties of Grayson, Carroll, AYythe, Floyd, Pulaski, and
Montgomery shall constitute the fifteenth circuit.
XVI. The counties of Smyth. Tazewell, Bland, Washington, Rus-
sell, Scott, Lee, Wise, and Buchanan shall constitute the sixteenth
circuit.
Sec. 3. The first and second circuits shall constitute the first dis-
trict; the third and fourth circuits the second district; the fifth and
sixth and seventh circuits the third district ; the eighth and ninth cir-
cuits the fourth district ; the tenth and eleventh circuits the fifth dis-
trict ; the twelfth and thirteenth circuits the sixth district,, and the
fourteenth, fifteenth, and sixteenth circuits the seventh district.
Sec. 4. The first and second districts shall constitute the first sec-
tion; and third and fourth districts the second section; and the fifth,
sixth, and seventh districts the third section.
Sec. 5. The general assembly may at the end of five years after
the adoption of this constitution, and thereafter at intervals of ten
years, rearrange the said circuits, districts, and sections, and place
any number of circuits in a district and of districts in a section ; but
each circuit shall be altogether in one district, and each district in one
section ; and there shall not be less than two districts and four circuits
in a section, and the number of sections shall not be diminished.
Virginia — 186 4 3867
CIRCUIT COURTS
Sec. 6. For each circuit a judge shall be chosen in the manner here-
inbefore provided, who shall hold his office for the term of eight
years unless sooner removed in the manner prescribed by this consti-
tution. He shall, at the time of being chosen, be at least thirty years
of age, and shall have resided in the State one year next preceding
his election, and during his continuance in office shall reside in the
circuit of Avhich he is judge.
Sec. 7. A circuit court shall be held at least twice a year by the
judge of each circuit, in every county and corporation thereof,
wherein a circuit court is now or may hereafter be established. But
the judges in the same district may be required or authorized to hold
the courts of their respective circuits alternately, and a judge of one
circuit to hold a court in any other circuit.
DISTRICT COURTS
Sec. 8. A district court shall be held at least once a year in every
district, by the judges of the circuits constituting the section and the
judge of the supreme court of appeals for the section of wdiich the
district forms a part, any three of whom may hold a court ; but no
judge shall sit or decide upon an appeal taken from his own decision.
The judge of the supreme court of appeals of one section may sit in
district courts of another section, when required or authorized by the
law to do so.
Sec. 9. The district courts shall not have original jurisdiction, ex-
cept in cases of habeas corpus, mandamus, and prohibition.
COURT OF APPEALS
Sec. 10. For each section a judge shall be chosen in the manner
hereinbefore provided, who shall hold his office for the term of twelve
years unless sooner removed in the manner prescribed by this consti-
tution. He shall, at the time of his being chosen, be at least thirty
years of age, and shall have resided in the State one year next pre-
ceding his election, and during his continuance in office he shall reside
in the section for which he is chosen.
Sec. 11. The supreme court of appeals shall consist of three judges
so chosen, any two of wdiom may hold a court. It shall have appellate
jurisdiction only, except in cases of habeas corpus, mandamus, and
prohibition. It shall not have jurisdiction in civil cases where the
matter in controversy, exclusive of costs, is less in value or amount
than five hundred dollars, except in controversies cencerning the title
or boundaries of land, the probate of a will, the appointment or
qualification of a personal representative, guardian, connnittee, or
curator; or concerning a mill, road, w'ay, ferr}^, or landing, or the
I'ight of a corporation or of a county to levy tolls or taxes, and except
in cases of liaheas corpus, mandamus, and prohibition, and cases
involving freedom or the constitutionality of a law.
Sec. 12. Special courts of appeals, to consist of not less than three
nor more than five judges, may be formed of the judges of the supreme
court of appeals, and of the circuit courts, or any of them, to try any
cases being on the dockets of the supreme court of aj^peals when this
constitution goes into operation ; or to try any cases which may be on
3868 Virginia— 1864
the dockets of the supreme court of appeals, in respect to which a
majority of the judges of said court may be so situated as to make it
improper for them to sit on the hearing thereof. And a special court
of appeals, to consist of not less than three nor more than fiv^ judges,
may be formed of the judges of the circuit courts, to exercise the juris-
diction and perform the duties of the supreme court of appeals and
of the judges thereof, until the judges of the supreme court of appeals
shall have been duly chosen and qualified.
Sec. 13. When a judgment or decree is reversed or affirmed by the
supreme court of appeals, the reasons therefor shall be stated in Avrit-
ing, and preserved with the record of the case.
GENERAL PROVISIONS
Sec. 14. Judges shall he commissioned by the governor, and shall
receive fixed and adequate salaries, which shall not be diminished
during their continuance in office. The salary of a judge of the
supreme court of appeals shall not be less than three thousand dollars,
and that of a judge of a circuit court not less than two thousand dol-
lars ])er annum, except that of the judge of the fifth circuit, which
shall not be less than fifteen hundred dollars per annum, and each
shall receive a reasonal)le allowance for necessary travel.
Sec. 15. No judge, during his term of service, shall hold any other
office, appointment, or public trust, and the acceptance thereof shall
vacate his judicial office: nor shall he, during such term, or within
one year thereafter, be eligible to any political office.
Sec. 1G. Judges may be removed from office by a concurrent vote
of both houses of the general assembly, but a majority of all the mem-
bers elected to each house must concur in such vote ; and the cause of
removal shall be entered on the journal of each house. The judge
against whom the general assembly may be about to proceed shall
receive notice thereof, accompanied by a copy of the causes alleged
for his removal, at least twenty days before the day on which either
house of the general assembly shall act thereupon.
Sec. 17. The officers of the supreme court of appeals and of the dis-
trict courts shall be appointed by the said courts respectively, or bj^
the judges thereof in vacation. Their duties, compensation, and
tenure of office shall be prescribed l)y law.
Sec. 18. The voters of each county or corporation in which a cir-
cuit court is held shall elect a clerk of such court, whose term of office
shall be six years. The attorney for the commonwealth, elected for
a county or corporation wherein a circuit court is directed to be held,
shall be attorney for the common Avealth for that court ; but in case a
circuit court is held for a city, or for a county and a city, there shall
be an attorney for the commonwealth for such, to be elected by the
voters of such city, or county and city, and to continue in office for
the term of four years. The duties and compensation of these officers,
and the mode of removing them from office, shall be prescribed by law.
Sec. 19. When a vacancy shall occur in the office of clerk of any
court, (except it be a county or corporation court,) such court, or
the judges thereof, in vacation, may appoint a clerk pro tempore,
who shall discharge the duties of the office until the vacancy is filled;
when such vacancy shall occur in the office of a clerk of a county or
corporation court, (if in vacation,) the presiding justice thereof may
Virginia— 1864 3869
appoint the clerk pro tempore, who shall discharge the duties of the
office until the next term, and then the court shall appoint a
pro-tempore clerk to serve until the vacancy shall be filled.
Sec. 20. The general assembly shall provide for the compensation
of jurors, but appropriations for that purpose shall not be made
from the State tretisury, except in prosecutions for felony and
misdemeanor.
Sec. 21. At every election of a governor, an attorney-general shall
be elected by the voters of the commonwealth for the term of four
years. Pie shall be commissioned by the governor, shall perform
such duties and receive such compensation as may be prescribed by
law, and be removable in the manner prescribed for the removal of
judges.
Sec. 22. Judges and all other officers, whether elected or appointed,
shall continue to discharge the duties of their offices after their terms
of service have expired, until their successors are qualified.
Sec. 23. Writs shall run in the name of the commonwealth of Vir-
ginia, and be attested by the clerks of the several courts. Indictments
shall conclude, " against the peace and dignity of the commonwealth."
COUNTY COURTS
Sec. 24. There shall be in each county of the commonwealth a
county court, which shall be held monthly, by not less than three nor
more than five justices, except when the law shall require the presence
of a greater number.
Sec. 25. The jurisdiction of the said courts shall be the same as
that of the existing county courts, except so far as it is modified by
this constitution, or may be changed by law.
Sec. 26. Each county shall be laid off into districts as nearly equal
as may be in territory and population. Such districts as now laid off
by law shall continue, subject to such changes as may hereafter be
made Ijy the general assembly. In each district there shall be elected,
by the voters thereof, four justices of the peace, who shall be commis-
sioned by the governor, reside in their respective districts, and hold
their offices for the term of four years. The justices so elected shall
choose one of their own body, who shall be the presiding justice of
the county court, and whose duty it shall be to attend each term of
said court. The other justices shall be classified by law for the
performance of their duties in court.
Sec 27. The justices shall receive for their services in court a per-
diem compensation, to be ascertained by law, and paid out of the
county treasury, and such fees and emoluments for other services as
may be allowed them by law.
Sec 28. The power and jurisdiction of justices of the peace within
their respective counties shall be prescribed by law.
COUNTY OFFICERS
Sec 29. The voters of each county shall elect a clerk of the county
court, a surveyor, an attorney for the commonwealth, a sheriff', and
so many commissioners of the revenue as may be authorized by law,
who shall hold their respective offices as follows: The clerk, the
commissioner of the revenue, and the surveyor for the term of six
years ; the attorney for the term of four years, and the sheriff for the
3870 Virginia-~1864
term of two years. Constables and overseers of the poor shall be
elected by the voters as may be ]3rescribed by hnv.
Sec. 30. The officers mentioned in the preceding section, except the
attorneys, shall reside in the counties or districts for which they were
respectively elected. No person elected for two successive terms to
the office of sheriff shall be reeligible to the same office for the next
succeeding term ; nor shall he, during his term of service, or within
one 3^ear thereafter., be eligible to any political office.
Sec. 31. The justices of the peace, sheriifs, attorneys for the com-
monwealth, clerks of the circuit and county courts, and all other
county officers, shall be subject to indictment for malfeasance, mis-
feasance, or neglect of official duty; and upon conviction thereof,
their offices shall become vacant.
COBPORATION COURTS AND OFFICERS
Sec. 32. The general assembly ma}'' vest such jurisdiction as shall
be deemed necessary in corporation courts and in the magistrates
who may belong to the cori)orate body.
Sec. 33. All officers appertaining to the cities and other municipal
corporations shall be elected b}^ the qualified voters, or appointed by
the constituted authorities of such cities or corporations, as may be
prescribed b}^ hnv.
Done in convention in the city of Alexandria, on the seventh day
of April, in the year of our Lord one thousand eight hundred and
sixty-four, and in the eighty-eighth year of the connnonwealth of
Virginia.
Le Roy G. Edwards, President.
AA". J. CoAvixG, Secretary.
SCHEDULE
Section 1. Tt shall be the duty of the president of this convention,
immediately on its adjournment, to certify to the governor a copy of
the bill of rights and constitution adopted, together with this
schedule.
Sec. 2. Upon the I'eceipt of such certified copy, the governor shall
fortliAvith announce the fact b}' proclamation, to be published in such
manner as he may deem requisite for general information, and shall
annex to his proclamation a copy of the bill of rights and constitu-
tion, together with this schedule, all of which shall be published in
the manner indicated. Ten printed copies thereof shall, by the
secretary of the commonwealth, be innnediately transmitted by mail
to the clerk of each county and corporation court in this common-
wealth, to be by such clerk submitted to the examination of any per-
son desiring the same.
Sec. 3. All ordinances and laws in force when this constitution is
adopted, and not inconsistent therewith, shall remain and continue
as if this constitution was not adopted; and so of all rights, prose-
cutions, actions, claims, and contracts.
Sec. 4. All executive, judicial, and other officers and members of
the general assembly now elected shall continue in office until their
present terms expire, in the same manner as if this constitution had
not been adopted. The senate may so fix the term of members first
Virginia— 1870 3871
elected thereto from districts not now represented, that one-half the
number of senators (or as near that number as may be) shall be
elected every two years.
Sec. 5. The general assembly shall pass all laws necessary for car-
rying this constitution into full force and eifect.
Le Roy G. Edwards, President.
"W. J. CoAViNG, Secretary.
AMENDMENT TO THE CONSTITUTION OF 1864
(Ratifled lS(ir>)
Art. I. Sec. 1. Amended hy strikhig out tlie words: Xo person
shall hold any office under this constitution who shall not have taken
and subscribed the oath aforesaid. But no person shall vote or hold
office under this constitution who has held office under the so-called
confederate government, or uncjer any rebellious State government,
or who has been a member of the so-called confederate congress, or a
member of any State legislature in rebellion against the authority of
the United States, excepting therefrom count}^ officers.
CONSTITUTION OF VIRGINIA— 1870 * "
"^^Hiereas the delegates and representatives of the good people of
Virginia, in convention assembled, on the twenty-ninth day of June,
in the year of our Lord one thousand seven hundred and seventy-
six, reciting and declaring that whereas George the Third, King of
Great Britain and Ireland and Elector of Hanover, before that time
intrusted with the exercise of the kingly office in the government of
Virginia, had endeavored to pervert the same into a detestable and
insup2)ortable tj-ranny, by putting his negative on laws the most
wholesome and necessary for the public good; by denying his gov-
ernors permission to pass laws of immediate and pressing importance,
unless suspended in their operation for his assent, and when so
suspended, neglecting to attend to them for many years; by refusing
to pass certain other laws, unless the persons to be benefited by them
would relinquish the inestimable right of representation in the legis-
lature; by dissolving legislative assemblies repeatedly and continu-
ally, for opposing with manly firmness his invasions of the rights of
Jhe people ; wdien dissolved, by refusing to call others for a long space
of time, thereby leaving the ]wlitical system without any legislative
head; by endeavoring to prevent the population of our country, and
* Verified from " The Code of Virginia, with the Declaration of Independence
and the Constitution' of the United States and the Constitution of Virginia.
Pul)lished ])ursnant to an Act of tlie General Assembly, of May 21, 1887. Rich-
mond : I'rinted by James E. Goode, 1X87." pp. 31-50.
o This constitution was framed by a convention, called under the reconstruc-
tion acts of Congress, which assembled at Richmond in July, 1867, and com-
pleted its labors April 7, 18(18. It was not submitted to the people until July 6,
18G9, (under the authority of an act of Congress" approved April 10, 1809,) when
clauses relating to the test-oath and to disfranchisement, which were separately
subn)itted, were rejected, and the remainder of the constitution was ratified by
210,585 votes against 9.180 votes.
3872 Virginia— 1870
for that purpose obstructing the laws for the naturalization of for-
eigners ; by keeping among us, in time of j)eace, standing armies and
ships of war; by affecting to render the military independent of and
superior to the civil power; by combining with others to subject us
to a foreign jurisdiction, giving his assent to their pretended acts of
legislation ; for quartering large bodies of armed troops among us,
for cutting off our trade with all parts of the world, for imposing
taxes on us without our consent, for depriving us of the benefit of the
trial by jury, for transporting us beyond the seas for trial for pre-
tended offences, for suspending our own legislatures, and declaring
themseh'es invested with power to legislate, for us in all cases what-
soever; by plundering our seas, ravaging our coasts, burning our
towns, and destroying the lives of our people; by inciting insurrection
of our fellow-subjects with the allurements of forfeiture and confisca-
tion ; by prompting our negroes to rise in arms among us — -those very
negroes whom, by an inhuman use of his negative, he had refused
us permission to exclude by law ; by endeavoring to bring on the
inhabitants of our frontiers the merciless Indian savages, whose
known rule of warfare is an undistinguished destruction of all ages,
sexes, and conditions of existence; by transporting hither a large
army of foreign mercenaries to complete the work of death, desola-
tion, and tyranm'. then already begun, with circumstances of cruelty
and perfidy unworthy the head of a civilized nation; by answering
our repeated petitions for redress with a repetition of injuries; and
finally, by abandoning the helm of government and declaring us out
of his allegiance and protection ; by which several acts of misrule the
government of this country, as before exercised imder the crown of
Great Britain, was totally dissolved ; did, therefore, having maturely
considered the premises, and viewing with great concern the deplor-
able condition to which this once happy country would be reduced
unless some regidar, adequate mode of civil policy should be speedily
adopted, and in compliance with the recommendation of the general
Congress ordain and declare a form of government of Virginia ;
And whereas a convention held on the first Monday in October, in
the year one thousand eight hundred and twenty-nine, did j^ropose to
the people of this commouAvealth an amended constitution or form of
government, which was ratified by them;
And whereas the general assembly of Virginia, by an act passed on
the fourth of Marcli, in the year one thousand eight hundred and
fifty, did provide for the election, by the people, of delegates to meet
in general convention, to consider, discuss, and propose a new con-
stitution, or alterations and amendments to the existing constitution"
of this commonwealth; and by an act passed on the thirteenth of
March, in the year one thousand eight hundred and fifty-one, did
further provide for submitting the same to the people for ratification
or rejection; and the same having been submitted accordingly, was
ratified by them ;
And whereas the general assembly of Virgiiiia, by an act passed
on the twenty-first day of December, in the year one thousand eight
hundred and sixty-three, did provide for the election, by the people,
of delegates to meet in general convention to consider, discuss, and
adopt alterations and amendments to the existing constitution of this
Virginia— 1870 3873
commonwealth, the delegates assembled did, therefore, having ma-
turely considered the jjremises, adopt a revised and amended consti-
tution as the form of government of Virginia;
And whereas the Congress of the United States did, by an act
passed on the second day of March, in the year one thousand eight
hundred and sixty-seven, and entitled ''An act to provide for the
more efficient government of the rebel States," and by acts supple-
mentary thereto, passed on the twenty-third day of March and the
nineteenth day of July, in the year one thousand eight hundred and
sixty-seven, provide for the election by the people of Virginia, quali-
fied to vote under the provisions of said acts, of delegates to meet in
convention, to frame a constitution or form of government for Vir-
ginia, in conformity with said acts, and by the same acts did further
provide for the submitting of such constitution to the qualified voters
for ratification or rejection:
We, therefore, the delegates of the good people of Virginia, elected
and in convention assembled, in pursuance of said acts, invoking the
favor and guidance of Almighty God, do propose to the people the
following constitution and form of government for this common-
wealth :
Article I
BILL OF RIGHTS
A DECLARATION OF EIGHTS MADE UY THE KEPRESENTATIVES OF THE GOOD PEOPLE OF
VIRGINIA, ASSEMBLED IN FULL AND FREE CONVENTION, WHICH RIGHTS DO PERTAIN
TO THEM AND THEIR POSTERITY, AS THE BASIS AND FOUNDATION OF GOVERNMENT
Section 1. That all men are by nature equally free and independ-
ent, and have certain inherent rights, of which, when they enter into
a state of society, they cannot, b}^ any compact, deprive or divest
their posterity, namely, the enjoyment of life and liberty, with the
means of acquiring and possessing property, and pursuing and ob-
taining happiness and safety.
Sec. 2. That this State shall ever remain a member of the United
States of America, and that the people thereof are part of the
American nation, and that all attempts, from whatever source or
upon whatever pretext, to dissolve said Union or to sever said nation,
are unauthorized and ought to be resisted with the whole power of
the State.
Sec. 3. That the Constitution of the United States, and the laws
of Congress passed in pursuance thereof, constitute the supreme law
of the land, to which paramount allegiance and obedience are due
from every citizen, anything in the constitution, ordinances, or laws
of any State to the contrary notwithstanding.
Sec. 4. That all power is vested in, and consequently derived from,
the people; that magistrates are their trustees and servants, and at
all times amenable to them.
Sec. f). That government is, or ought to be, instituted for the com-
mon benefit, protection, and security of the people, nation, or com-
munity ; of all the various modes and forms of government, that is
best which is capable of producing the greatest degree of happiness
3874 Virginia— 1870
and safety, and is most effectually secured against the danger of
maladministration; and that when any government shall be found
inadequate or contrary to these purposes, a majority of the com-
munity hath an indubitable, inalienable, and indefeasible right to
refonn, alter, or abolish it, in such manner as shall be judged most
conducive to the public weal.
Sec. G. That no man, or set of men, are entitled to exclusive or
separate emoluments or privileges from the community but in con-
sideration of i)ublic services; which, not being descendible, neither
ought the offices of magistrate, legislator, or judge to be hereditary.
Sec. 7. That the legislative, executive, and judicial powers should
be separate and distinct; and that the members thereof may be re-
strained from oppression, by feeling and participating the burdens of
the people, they should at fixed periods be reduced to a private sta-
tion, return into that body from Avhich they were originally taken,
and the vacancies be supplied by frequent, certain, and regular elec-
tions, in which all or any part of the former members to be again
eligible or ineligible, as the law shall direct.
Sec. 8. That all elections ought to be free, and that all men, having
sufficient evidence of permanent common interest with, and attach-
ment to, the community have the right of suffrage, and cannot be
taxed or deprived of their property for public uses without their
own consent, or that of their representatives so elected, nor bound by
any law to which they have not in like manner assented, for the public
good.
Sec. 9. That all power of suspending laws or the execution of laws
by any authority, without consent of the representatives of the people,
is injurious to their rights, and ought not to be exercised.
Sec. 10. That in all capital or criminal prosecutions a man hath
a right to demand the cause and nature of his accusation, to be con-
fronted with the accusers and Avitnesses, to call for evidence in his
favor, and to a speedy trial by an impartial jury, of his vicinage,
without whose unanimous consent he cannot be found guilty ; nor can
he be compelled to give evidence against himself; that no man be
deprived of his liberty, except by the law of the land or the judg-
ment of his peers.
Sec. 11. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishment inflicted. '
Sec. 12. That general warrants, whereby an officer or messenger
may be commanded to search suspected places Avithout evidence of a
fact committed, or to seize any person or persons not named, or
whose offence is not particularly described and supported by evi-
dence, are grievous and oppressive, and ought not to be granted.
Sec. 13. That in controversies respecting property, and in suits
between man and man, the trial by jury is preferable to any other,
and ought to be held sacred.
Sec. 14. That the freedom of the press is one of the great bul-
warks of liberty, and can never be restrained but by desjDotic gov-
ernments; and any citizen may speak, write, and publish his senti-
ments on all subjects, being responsible for the abuse of that liberty.
Sec. 15. That a Avell-regulated militia, composed of the body of
the people trained to arms, is the proper, natural, and safe defence of
a free State ; that standing armies in time of peace should be avoided
Virginia— 1870 3875
as dangerous to liberty, and that in all cases the military should be
under strict subordination to and governed by the civil power.
Sec. 16. That the i:)eople have a right to uniform government ; and,
therefore, that no government separate from or independent of the
government of Virginia ought to be erected or established within the
limits thereof.
Sec. 17. That no free government, or the blessings of liberty, can
be preserved to any people but by a firm adherence to justice, mod-
eration, temjierance, and virtue, and by a frequent recurrence to fun-
damental jorinciples.
Sec. 18. That religion, or the duty which we owe to our Creator,
and the manner of discharging it, can be directed onlj^ by reason and
conviction, not by force or violence; and, therefore, all men are
equally entitled to the free exercise of religion, according to the
dictates of conscience; and that it is the mutual duty of all to prac-
tise Christian forbearance, love, and charity towards each other.
Sec. 10. That neither slavery nor involuntary servitude, except as
lawful imprisonment may constitute such, shall exist within this
State.
Sec 20. That all citizens of the State are hereby declared to pos-
sess equal civil and political rights and public privileges.
Sec. 21. The rights enumerated in this bill of rights shall not be
construed to limit other rights of the people not therein expressed.
The declaration of the political rights and privileges of the inhab-
itants of this State is hereby declared to be a part of the constitu-
tion of this commonwealth, and shall not be violated on any pretence
whatever.
Article II
DIVISION or powers
The legislative, executive, and judiciary departments shall be sep-
arate and distinct, so that neither exercise the powers properly belong-
ing to either of the others; nor shall any person exercise the power
of more than one of them at the same time, except as hereinafter
provided.
Article III
elective franchise and qualifications for office
Section 1. Every male citizen of the United States, twenty-one
years old, who shall have been a resident of this State twelve months,
and of the county, city, or town in which he shall offer to vote three
months next preceding any election, shall be entitled to vote upon all
questions submitted to the people at such election : Provided, That
no officer, soldier, seaman, or marine of the United States Army or
Navy shall be considered a resident of this State by reason of being
stationed therein: And provided also^ That the following persons
shall be excluded from voting:
1st. Idiots and lunatics.
2d. Persons convicted of bribery in any election, embezzlement of
public funds, treason, or felony.
3d. No person who, Avhile a citizen of this State, has, since the adop-
tion of this constitution, fought a duel with a deadly weapon, sent or
accepted a challenge to fight a duel with a deadly weapon, either
3876 Virginia— 1770
within or beyond the boundaries of this State, or knowingly con-
veyed a challenge, or aided or assisted in any manner in fighting a
duel, shall be allowed to vote or hold any office of honor, profit, or
trust under this constitution.
4th. Every person who has been a senator or representative in
Congress, or elector of President or Vice-President, or who held any
office, civil or military, under the United States, or under any
State, who, having previously taken an oath as a member of Congress,
or as an officer of the United States, or as a member of any State Leg-
islature, or as an executive or judicial officer of any State, shall have
engaged in insurrection or rebellion against the same, or given aid or
comfort to the enemies thereof.
This clause shall include the following officers: Governor, lieu-
tenant-governor, secretary of state, auditor of public accounts, second
auditor, register of the land office. State treasurer, attorney-general,
sheriffs, sergeant Of a city or town, commissioner of the revenue,
county surveyors, constables, overseers of the poor, commissioner of
the board of public works, judges of the supreme court, judges of the
circuit courts, judge of the court of hustings, justices of the county
courts, mayor, recorder, alderman, councilmen of a city or town,
coroners, escheators, inspectors of tobacco, flour, &c., clerks of the
supreme, district, circuit and county courts, and of the court of hust-
ings, and attorneys for the commonwealth.
Proridi'd, That the legislature nuiy, by a vote of three-fifths of
both houses, remove the disabilities incurred by this clause from any
person included therein, by a separate vote in each case.
Sec. 2. All elections shall be ballot, and all persons entitled to vote
shall be eligible to any office within the gift of the people, except as
restricted in this constitution.
Sec. 3. All persons entitled to vote and hold office, and none others,
shall be eligil)le to sit as jurors.
Sec. 4. The general assembly shall, at its first session under this
constitution, enact a general registration law; and every person
offering or applying to register shall take and subscribe, before the
officer charged with making a registration of voters, the following
oath :
" I, , do solemnly swear [or affirm] that I am not dis-
qualified from exercising the right of suffrage by the constitution
framed by the convention which assembled in the city of Richmond
on the third day of December, 1807, and that I will support and
defend the same to the best of my ability."
Sec. 5. No voter during the time of holding any election at which
he is entitled to vote shall be com];)elled to perform military service,
except in time of war or public danger, to work upon public roads, or
to attend any court as suitor, juror, or witness; and no voter shall be
subject to arrest under any civil process during his attendance at
elections, or in going to or returning from them.
OATH OF OFFICE
Sec. 6. All persons, before entering upon the discharge of any
function as officers of this State, must take and subscribe the follow-
ing oath or affirmation :
" I, , do solemnly swear [or affirm] that I will sup-
port and maintain the Constitution and laws of the United States,
Virginia— 1870 3877
and the constitution and laws of the State of Virginia ; that I recog-
nize and accept the civil and political equality of all men before the
law, and that I will faithfully perform the duty of to the
best of my ability: So help me God."
Sec. 7. In addition to the foregoing oath of office, the governor,
lieutenant-governor, members of the general assembly, secretary of
state, auditor of public accounts. State treasurer, attorney-general,
and all persons elected to any convention to frame a constitution for
this State, or to amend or revise this constitution in any manner, and
mayor and council of any city or town, shall, before they enter on the
duties of their respective offices, take and subscribe the following
oath or affirmation: Provided, The disabilities therein contained
may be individually removed by a three-fifths vote of the general
assembly :
" I, , do solemnly swear [or affirm] that I have never
voluntarily borne arms against the United States since I have been
a citizen thereof; that I have voluntarily given no aid, countenance,
counsel or encouragement to persons engaged in armed hostility
thereto; that I have never sought nor accej)ted, nor attempted to
exercise the functions of any office whatever, under any authority,
or pretended authority, in hostility to the United States; that I
have not yielded a voluntary support to any pretended government,
authority, power or constitution within the United States, hostile or
inimical thereto. And I do further swear [or affirm] that, to the
best of my knowledge and ability, I will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation or
purpose of evasion, and that 1 will well and faithfully discharge
the duties of the office on which I am about to enter. So help me
God."
The above oath shall also be taken by all city and county officers
before entering upon their duties, and by all other State officers not
included in the above provision.
Article IV
EXECUTIVE DEPARTMENT
GOVERNOR
Section 1. The chief executive power of this commonwealth shall
be vested in a governor. He shall hold office for a term of four years,
to commence on the first day of January next succeeding his election,
and be ineligible to the same office for the term next succeeding that
for which he was elected, and to any other office during his term of
office.
Sec. 2. The governor shall be elected by the voters at the times and
places of choosing members of the general assembly. Returns of
elections shall be transmitted, under seal, by the proper officers, to
the secretary of the commonwealth, who shall deliver them to the
speaker of the house of delegates, on the first day of the next session
of the general assembly. The speaker of the house of delegates shall,
within one week thereafter, in presence of a majority of the senate
and house of delegates, open the said returns, and the votes shall
7535— VOL 7—09 7
3878 Virginia— 1870
then be counted. The person having the highest number of votes
shall be declared elected; but if two or more shall have the highest
and an equal number of votes, one of them shall be chosen governor
by the joint vote of the two houses of the general assembly. Con-
tested elections for governor shall be decided by a like vote, and the
mode of proceeding in such cases shall be prescribed by law.
Sec. 3. No person, except a citizen of the United States, shall be
eligible to the office of governor; and if such person be of foreign
birth, he must have been a citizen of the United States for ten years
next preceding his election; nor shall any person be eligible to that
office unless he shall have attained the age of thirty years, and have
been a resident of this State for three years next preceding his
election.
Sec. 4. The governor shall reside at the seat of government ; shall
receive five thousand dollars for each year of his service, and while
in office shall receive no other emolument from this or any other
government.
Sec. 5. He shall take care that the laws be faithfully executed;
communicate to the general assembly, at every session, the condition
of the commonwealth ; recommend to their consideration such meas-
ures as he may deem expedient, and convene the general assembly,
on application of two-thirds of the members of both houses thereof,
or when, in his oj)inion, the interest of the commonwealth may require
it. He shall be commander-in-chief of the land and naval forces
of the State; have power to embody the militia, to repel invasion,
suppress insurrection, and enforce the execution of the laws ; conduct,
either in person or in such other manner as shall be prescribed by law,
all intercourse with other and foreign States; and, during the recess
of the general assembly, to fill, ;;ro tempore^ all vacancies in those
offices for which the constitution and laws make no provision; but
his appointments to such vacancies shall be by commissions to expire
at the end of thirty daj^s after the commencement of the next session
of the general assemblj' . He shall have power to remit fines and pen-
alties in such cases and under such rules and regulations as may be
prescribed by law ; and, except when the prosecution has been carried
on b}^ the house of delegates, to grant reprieves and pardons after
conviction; to remove political disabilities consequent upon convic-
tion for offenses committed prior or subsequent to the adoption of
this constitution, and to commute capital punishment; but he shall
communicate to the general assembly at each session the particulars
of every case of fine or penalty remitted, of reprieve or pardon
granted, and of punishment commuted, with his reasons for remit-
ting, granting, or commuting the same.
Sec. G. He may require information, in writing, from the officers
in the executive dej^artment upon any subject relating to the duties
of their respective offices; and may also require the opinion, in writ-
ing, of the attorney- general upon any question of law connected with
his official duties.
Sec. 7. Commissions and grants shall run in the name of the com-
monwealth of Virginia, and be attested by the governor, with the
seal of the commonwealth annexed.
Sec. 8. Every bill which shall have passed the senate and house of
delegates, and every resolution requiring the assent of both branches
of the general assembly, shall, before it becomes a law, be presented
Virginia— 1870 3879
to the governor; if he approve, he shall sign it; but if not, he shall
return it with his objections to the house in which it shall have
originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If, after such consideration, two-thirds
of the members present shall agree to pass the bill or joint resolution,
it shall be sent, together with the objections, to the other house,
by which it shall likewise be reconsidered, and if approved by two-
thirds of all the members present, it shall become a law, notwith-
standing the objections of the governor. But in all such cases the
votes of both houses shall be determined by ayes and noes, and the
names of the members voting for and against the bill or joint reso-
lution shall be entered on the journal of each house respectively.
If any bill or resolution shall not be returned by the governor within
five days (Sundays excepted) after it shall have been j^resented to
him, the same shall be a law in like manner as if he had signed it,
unless the legislature shall, by their adjournment, prevent its return,
in which case it shall not be a law.
LIEUTENANT-GOVERNOR
Sec. 9. A lieutenant-governor shall be elected at the same time and
for the same term as the governor, and his qualification and the
manner of his election, in all respects, shall be the some.
Sec. 10. In case of the removal of the governor from office, or of
his death, failure to qualify, resignation, removal from the State,
or inability to discharge the powers and duties of the office, the said
office, with its compensation, shall devolve upon the lieutenant-
governor ; and the general assembly shall provide by law for the dis-
charge of the executive functions in other necessary cases.
Sec. 11. The lieutenant-governor shall be president of the senate,
but shall have no vote except in case of an equal division ; and, while
acting as such, shall receive a compensation equal to that allowed to
the speaker of the house of delegates.
SECRETARY OF THE COMMONWEALTH, TREASURER, AND AUDITOR
Sec. 12. A secretary of the commonwealth, treasurer, and auditor
of public accounts shall be elected by the joint vote of the two houses
of the general assembly, and continue in office for the term of two
years, unless sooner relieved. The salary of each shall be determined
by law.
Sec. 13. The secretary shall keep a record of the official acts of the
governor, which shall be signed by the governor and attested by the
secretary ; and when required, he shall lay the same, and any papers,
minutes, and vouchers pertaining to his office, before either house of
the general assembly ; and shall perform such other duties as may be
prescribed by law. All fees received by the secretary shall be paid
into the treasury.
Sec. 14. The powers and duties of the treasurer and auditor shall
be such as now are or may hereafter be prescribed by law.
Sec. 15. There may be established in the office of the secretary of
state a bureau of statistics and a bureau of agricultural chemistry
and geology, under such regulations as may be prescribed by law.
Sec. 16. The general assembly shall have power to establish a
3880 Virginia— 1870
bureau of agriculture and immigratiou, under such regulations as
may be prescribed.
BOARD OF PUBLIC WORKS
Sec. 17. There shall be a board of public works, to consist of the
governor, auditor, and treasurer of the commonwealth, under such
regulations as may be prescribed by law.
Article V
LEGISLATIVE DEPARTMENT
Section 1. The legislative power of this commonwealth shall be
vested in a general assembly, which shall consist of a senate and house
of delegates.
Sec. 2. The house of delegates sha'll be elected biennially by the
voters of the several cities and counties on the Tuesday succeeding
the first Monday in November, and shall be distributed and appor-
tioned as follows:
District No. 1. Accomac shall have two delegates.
2. Albemarle shall have three delegates.
3. Amelia shall have one delegate.
4. Alexandria shall have two delegates.
5. Amherst shall have two delegates.
6. Appomattox shall have one delegate.
7. Alleghany and Craig shall have one delegate.
8. Augusta shall have three delegates.
D. Bath and Highland shall have one delegate.
10. Bedford shall have three delegates.
11. Bland shall haA^e one delegate.
12. Botetourt shall have one delegate.
13. Brunswick shall have one delegate.
14. Buckingham shall have two delegates.
15. Buchaiuin and Wise shall have one delegate.
16. Campbell shall have three delegates.
17. Caroline shall have two delegates.
18. Carroll shall have one delegate.
19. Charles City shall have one delegate.
20. Charlotte shall have two delegates.
21. Chesterfield and Powhatan shall liaA^e three delegates.
22. Cumberland shall have one delegate.
23. Culpeper shall have one delegate.
24. Clarke shall liaA-e one delegate.
25. Dinwiddie shall haA^e one delegate.
26. Elizabeth City and WarAvick shall have tAvo delegates.
27. Essex shall haA^e one delegate.
28. Fauquier shall haA^e tAvo delegates.
29. Fairfax shall have one delegate.
30. Floyd shall have one delegate.
31. Franklin shall have two delegates.
32. Fluvanna shall haA^e one delegate.
33. Frederick shall have one delegate.
34. Giles shall have one delegate.
Virginia— 1870 3881
35. Goochland shall have one delegate.
36. Greenesville shall have one delegate.
37. Greene shall have one delegate.
38. Gloucester shall have one delegate.
39. Grayson shall have one delegate.
40. Halifax shall have three delegates.
41. Hanover shall have two delegates.
42. Henrico and Richmond City shall have eight dele-
gates.
48. Henry shall have one delegate.
44. Isle of AVight shall have one delegate.
45. James City and city of Williamsburg shall have one
delegate.
46. King and Queen shall have one delegate.
47. King AVilliam shall have one delegate.
48. King George shall have one delegate.
49. Lancaster shall have one delegate.
50. Lee shall have one delegate.
51. Louisa shall have two delegates.
62. Lunenburg shall have one delegate.
53. Loudoun shall have two delegates.
54. Mathews shall have one delegate.
55. Madison shall have one delegate.
56. Mecklenburg shall have two delegates.
57. Middlesex shall have one delegate.
58. Montgomery shall have one delegate.
59. Nansemond shall have one delegate.
60. New Kent shall have one delegate.
61. Norfolk county and the city of Portsmouth shall
have three delegates.
62. Norfolk City shall have two delegates.
63. Nelson shall have one delegate.
64. Nottoway shall have one delegate.
65. Northampton shall have one delegate.
66. Northumberland shall have one delegate.
67. Orange shall have one delegate.
68. Patrick shall have one delegate.
69. Page shall have one delegate.
70. Pittsylvania shall have four delegates.
71. Petersburg City shall have two delegates.
72. Prince Edward shall have one delegate.
73. Prince George shall have one delegate.
74. Prince William shall have one delegate.
75. Pulaski shall have one delegate.
76. Princess Anne shall have one delegate.
77. Rappahannock shall have one delegate.
78. Richmond County shall have one delegate.
79. Rockingham shall have two delegates.
80. Rockbridge shall have two delegates.
81. Roanoke shall have one delegate.
82. Russell shall have one delegate.
83. Shenandoah shall have one delegate. ■
84. Smyth shall have one delegate.
85. Southampton shall have one delegate.
3882 Virginia— 1870
86. Scott shall have one delegate.
87. Surry shall have one delegate.
88. Stafford shall have one delegate.
89. Sussex shall have one delegate.
90. Spotsylvania shall have one delegate.
91. Tazewell shall have one delegate.
92. Washington shall have two delegates.
93. AVarren shall have one delegate.
94. Westmoreland shall have one delegate.
95. Wythe shall have one delegate.
96. York shall have one delegate.
Sec. 3. The senators shall be elected for the term of four years, for
the election of whom the counties, cities, and towns shall be divided
into not more than forty districts. Each county, city, and town of
the respective districts, at the time of the first election of its delegates
or delegates luider this constitution, shall vote for one or more sena-
the respective districts, at the time of the first election of its delegate
bearing odd numbers shall vacate their offices at the end of two
years, and those elected in districts bearing even numbers, at the end
of four years; and vacancies occurring by expiration of term shall
be filled by the election of senators for the full term.
The following shall constitute the senatorial districts:
Alexandria, Fairfax, and Loudoun shall form the first district, and
be entitled to two senators.
Fauquier, Rapj^ahannock, and Prince William shall form the sec-
ond district, and be entitled to one senator.
Orange, Culpeper, and Madison shall form the third district, and
be entitled to one senator.
Stafford, Spotsjdvania, and Louisa shall form the fourth district,
and be entitled to one senator.
Fluvanna, Goochland, and Powhatan shall form the fifth district,
and be entitled to one senator.
Albemarle and Greene shall form the sixth district, and be entitled
to one senator.
Buckingham and Appomattox shall form the seventh district, and
be entitled to one senator.
Nelson and Amherst shall form the eighth district, and be entitled
to one senator.
Franklin and Henry shall form the ninth district, and be entitled
to one senator.
Pittsylvania shall form the tenth district, and be entitled to one
senator.
Campbell shall form the eleventh district, and be entitled to one
senator.
Bedford shall form the twelfth district, and be entitled to one
senator.
Halifax shall form the thirteenth district, and be entitled to one
senator.
Charlotte and Prince Edward shall form the fourteenth district,
and be entitled to one senator.
Mecklenburg shall form the fifteenth district, and be entitled to one
senator.
King George, Westmoreland, Richmond, Northumberland, and
Virginia— 1870 3883
Lancaster shall form the sixteenth district, and be entitled to one
senator.
Caroline, Essex, and King William shall form the seventeenth dis-
trict, and be entitled to one senator.
Gloucester, Middlesex, Mathews, and King and Queen shall form
the eighteenth district, and be entitled to one senator.
Richmond City and Henrico shall form the nineteenth district, and
be entitled to three senators.
Norfolk City and Princess Anne County shall form the twentieth
district, and be entitled to one senator.
Norfolk County and the city of Portsmouth shall form the twenty-
first district, and be entitled to one senator.
Nansemond, Southampton, and Isle of Wight shall form the twenty-
second district, and be entitld to one senator.
Greenesville, Dinwiddle, and Sussex shall form the twenty-third
district, and be entitled to one senator.
Surry, York, Warwick, and Elizabeth City shall form the twenty-
fourth district, and be entitled to one senator.
Brunswick and Lunenburg shall form the twenty-fifth district, and
be entitled to one senator.
Chesterfield and Prince George shall form the twenty-sixth district,
and be entitled to one senator.
The city of Petersburg shall form the twenty-seventh district and
be entitled to one senator.
Accomac and Northamjjton shall form the twenty-eighth district,
and be entitled to one senator.
Hanover, New Kent, Charles City, and James City shall form the
twenty-ninth district, and be entitled to one senator.
Cumberland, Amelia, and Nottoway shall form the thirtieth dis-
trict, and be entitled to one senator.
Frederick, Clarke, and Shenandoah shall form the thirty-first dis-
trict, and be entitled to one senator.
Page, Warren, and Rockingham shall form the thirty-second dis-
trict, and be entitled to one senator.
Highland and Augusta shall form the thirty-third district, and
be entitled to one senator.
Rockbridge, Bath, and Alleghany shall form the thirty-fourth
district, and be entitled to one senator.
Botetourt, Roanoke, Craig, and Giles shall form the thirty-fifth
district, and be entitled to one senator.
Montgomery, Floyd, and Patrick shall form the thirty-sixth dis-
trict, and be entitled to one senator.
Grayson, Carroll, and Wythe shall form the thirty-seventh district,
and be entitled to one senator.
Pulaski, Bland, Tazewell, and Russell shall form the thirty-eighth
district, and be entitled to one senator.
Lee, Scott, Wise, and Buchanan shall form the thirty-ninth dis-
trict, and be entitled to one senator.
Washington and Smyth shall form the fortieth district, and be
entitled to one senator.
Sec. 4. At the first session of the general assembly after the enu-
meration of the inhabitants of the State by the United States, a
reapportionment of senators and members of the house of delegates,
and every tenth year thereafter, shall be made.
3884 Virginia— 1870
QUALIFICATIONS OF SENATORS AND DELEGATES
Sec. 5. Any i3erson may be elected senator who, at the time of
election, is actually a resident within the district, and qualified to
vote for members of the general assembly according to this consti-
tution; and any person may be elected a member of the house of
delegates who, at the time of election, is actually a resident within
the county, city, town, or election district, qualified to A'ote for mem-
bers of the general assembly according to this constitution. The
leuioval of any person elected to either branch of the general assem-
bly from the city, county, town, or district for which he was elected,
shall vacate his office.
POWERS AND DUTIES OF THE GENERAL ASSEMHLY
Sec. G. The general assembly shall meet annualh^, and not oftener,
unless convened by the governor in the manner prescribed in this
constitution. Xo session of the general assembly, after the first
under this constitution, shall continue longer than ninety days,
Avithout the concurrence of three-fifths of the members elected to each
house; in which case the session may be extended for a further
period, not exceeding thirty days. Neither house, during the session
of the general assembl}', shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that
in which the two houses shall be sitting. A majority of the members
elected to each house shall constitute a quorum to do business; but
a smaller number may adjourn from day to da_y, and shall have
power to com])el the attendance of absent members in such manner
and under such })enalty as each house may prescribe.
Sec. T. The house of delegates shall choose its own speaker, and in
the al)sence of the lieutenant-governor, or Avhen he shall exercise the
office of governor, the senate shall choose from their own body a presi-
dent jrro tempore,' and each house shall ai)point its own officers, settle
its own rules of proceeding, and direct writs of election for supplying
intermediate vacancies; but if vacancies shall occur during the recess
of the general assembly, such writs may be issued by the governor,
under such regulations as may be prescribed by law. Each house
shall judge of the election, qualification, and returns of its members,
may punish them for disorderly behavior, and, with the concurrence
of two-thirds, expel a member.
Sec. 8. The members of the general assembly shall receive for their
services a compensation, to be ascertained by law, and paid out of
the i^ublic treasury, but no act increasing such comi)ensation shall
take effect until after the end of the term for which the members of
the house of delegates voting thereon were elected ; and no senator or
delegate during the term for which he shall have been elected shall be
appointed to any civil office of profit under the connnonwealth,
which has been created, or the emoluments of which have been in-
creased, during such term, except offices filled by election by the
people.
Sec. 9. Bills and resolutions may originate in either of the two
houses of the general assembly, to be approved or rejected by either,
and may be amended by either house, Avith the consent of the other.
Sec. 10. Eacli house of the general assembly shall keep a journal
Virginia— 1870 3885
of its proceedings, which shall be published from time to time, and
the yeas and nays of the members of either house, on any question,
shall, at the desire of one- fifth of those present, be entered on the
journal. No bill shall become a law until it has been read on three
different days of the session in the house in which it originated, unless
two-thirds of the members in that house shall otherwise determine.
Sec. 11. The members of the general assembly shall, in all cases
except treason, felony, or breach of the peace, be privileged from
arrest during the sessions of their respective houses; and for any
speech or debate in either house, they shall not be questioned in any
other place. They shall not be subject to arrest under any civil
process, during the session of the general assembly, nor for fifteen
days next before the convening and after the termination of each
session.
Sec. 12. The whole number of members to which the State may at
any time be entitled in the House of Representatives of the United
States shall be apportioned, as nearly as may be, amongst the several
counties, cities, and towns of the State, according to their population.
Sec. 13. In the apportionment the State shall be divided into dis-
tricts, corresponding in number with the Representatives to which it
may be entitled in the House of Representatives of the Congress of
the United States, which shall be formed, respectively, of contiguous
counties, cities, and towns, be compact, and include, as nearly as may
be, an equal number of population.
Sec. 14. The privilege of the writ of habeas covpus shall not be sus-
pended unless when, in cases of invasion or rebellion, the public
safety may require it. The general assembly shall not pass any bill
of attainder, or any ex jjost facto Jau\ or any law impairing the obliga-
tion of contracts, or any law whereby private property shall be taken
for public uses without just compensation, or any law abridging the
freedom of speech or of the press. No man shall be compelled to
frequent or support any religious worship, place, or ministry whatso-
ever, nor shall any man be forced, restrained, molested, or burdened
in his body or goods, or otherwise suffer on account of his religious
opinions or belief, but all men shall be free to profess, and by argu-
ment to maintain, their opinions in matters of religion, and the same
shall in no wise affect, diminish, or enlarge their civil capacities.
And the general assembly shall not prescribe any religious test what-
ever, or confer any peculiar privileges or advantages on any sect
or denomination, or pass any law requiring or authorizing any reli-
gious society, or the people of any district within this commonwealth,
to levy on themselves or others any tax for the erection or repair of
any house of public worship, or for the support of any church or
ministry, but it shall be left free to every person to select his reli-
gious instructor, and to make for his support such private contract as
he shall please.
Sec. 15. No law shall embrace more than one object, which shall be
expressed in its title ; nor shall any law be revived or amended with
reference to its title, but the act revived, or the section amended, shall
be reenacted and published at length.
Sec. 16. The governor, lieutenant-governor, judges, and all others
offending against the State, by maladministration, corruption, neg-
lect of duty, or other high crime or misdemeanor, shall be impeach-
able by the house of delegates, and be prosecuted before the senate,
3886 Virginia— 1870
which shall have the sole power to try impeachment. When sitting
for that purpose, they shall be on oath or affirmation, and no person
shall be convicted without the concurrence of two-thirds of the mem-
bers present. Judgment, in case of impeachment, shall not extend
further than to removal from office and disqualification to hold or
enjoy any office of honor, trust, or profit under the commonwealth;
but the party convicted shall, nevertheless, be subject to indictment,
trial, judgment, and punishment according to law. The senate may
sit during the recess of the general assembly for the trial of impeach-
ment.
Sec. 17. The general assembly shall not grant a charter of incor-
poration to any church or religious denomination, but may secure the
title to church i^roperty to an extent to be limited by law.
Sec. 18. No lottery shall hereafter be authorized by law ; and the
buying, selling, or transferring of tickets or chances in any lottery
shall be prohibited.
Sec. 19. No new county shall be formed Avith an area of less than six
hundred square miles ; nor shall the county or counties from which it
is formed be reduced below that area; nor shall any county having
a population less than ten thousand be deprived of more than one-
fifth of such population ; nor shall a county having a larger popula-
tion be reduced below eight thousand. But any county, the length of
which is three times its mean breadth, or which exceeds fifty miles in
length, may be divided at the discretion of the general assembly.
In all general elections the voters in any county not entitled to sep-
arate representation shall vote in the same election district.
Sec. 20. The general assembly shall confer on the courts the power
to grant divorces, change the names of persons, and direct the sale
of estates belonging to infants and other persons under legal dis-
abilities, but shall not, by special legislation, grant relief in such
cases, or in any other case of which the courts or other tribunals may
have jurisdiction.
Sec. 21. The general assembly shall provide for the annual regis-
tration of births, marriages, and deaths.
Sec. 22. The manner of conducting and making returns of elec-
tions, of determining contested elections, and of filling vacancies in
office, in cases not specially provided for by this constitution, shall be
prescribed by law ; and the general assembly may declare the cases
in which any office shall be deemed vacant, where no provision is
made for that purpose in this constitution.
Article VI
JUDICIARY department
Section 1. There shall be a supreme court of appeals, circuit courts,
and county courts. The jurisdiction of these tribunals, and the
judges thereof, except so far as the same is conferred by this consti-
tution, shall be regulated by law.
COURT OF APPEALS
Sec. 2. The supreme court of appeals shall consist of five judges,
any three of whom may hold a court. It shall have appellate
jurisdiction only, except in cases of habeas corpus, mandamus, and
Virginia —1870 3887
pi'ohibition. It shall not have jurisdiction in civil cases where the
matter in controversy, exclusive of costs, is less in value or amount
than five hundred dollars, except in controversies concerning the title
or boundaries of land, the probate of a will, the appointment or quali-
fication of a personal representative, guardian, committee, or curator ;
or concerning a mill, roadway, ferry, or landing; or the right of a
corporation or of a county to levy tolls or taxes, and except in cases
of habeas corpus^ mandamus, and prohibition, or the constitutionality
of a law: Provided, That the assent of a majority of the judges
elected to the court shall be required in order to declare any law null
and void by reason of its repugnance to the Federal Constitution, or
to the constitution of this State.
Sec. 3. Special courts of appeals, to consist of not less than three
nor more than five judges, may be formed of the judges of the su-
preme court of appeals and of the circuit courts, or any of them, to
try any cases on the docket of said court, in respect to which a major-
ity of the judges thereof may be so situated as to make it improper
for them to sit on the hearing of the same ; and also to try any cases
on the said docket which cannot be otherwise disposed of with con-
venient dispatch.
Sec. 4. When a judgment or decree is reversed or affirmed by the
supreme court of appeals, the reasons therefor shall be stated in writ-
ing and preserved with the records of the case.
Sec. 5. The judges shall be chosen by the joint vote of the two
houses of the general assembly, and shall hold their office for a term
of twelve years; they shall, when chosen, have held a judicial station
in the United States, or shall have practiced law in this or some other
State for five years.
Sec. 6. The officers of the supreme court of appeals shall be ap-
pointed by the said court, or the judges thereof in vacation. Their
duties, compensation, and tenure of office shall be prescribed by law.
Sec. T. The supreme court of appeals shall hold its sessions at two
or more places in the State, to be fixed by law.
Sec. 8. At every election of a governor, an attorney-general shall
be elected by the qualified voters of this commonwealth. He shall be
commissioned by the governor, perform such duties, and receive such
compensation as may be prescribed by law, and shall be removable in
the manner prescribed for the removal of judges.
CIRCUIT COURTS
Sec. 9. The State shall be divided into sixteen judicial circuits, as
follows :
1. The counties of Norfolk, Princess Anne, Nansemond, Isle of
Wight, Southampton, Surry, and the city of Norfolk, shall constitute
the first circuit.
2. The counties of Sussex, Greenesville, Brunswick, Prince George,
Dinwiddle, Nottoway, Chesterfield, and the city of Petersburg, shall
constitute the second circuit.
3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia,
Powhatan, Prince Edward, Buckingham, and Cumberland shall con-
stitute the third circuit.
4. The counties of Halifax, Pittsylvania, Henry, Patrick, Frank-
lin, and the town of Danville, shall constitute the fourth circuit.
3888 Virginia^l870
5. The counties of Bedford, Campbell, Appomattox, Amherst, Nel-
son, and the city of Lynchburg;, shall constitute the fifth circuit.
6. The counties of Albemarle, Fluvanna, Culpeper, Goochland,
Madison, Greene, and Orange shall constitute the sixth circuit.
7. The county of Henrico and the city of Richmond shall consti-
tute the seventh circuit.
8. The counties of Accomac, Xorthampton, York, Elizabeth City,
Warwick, James Citv, New Kent, Charles City, and the city of Wil-
liamsburg, shall constitute the eighth circuit.
9. The counties of Lancaster, Northumberland, Mathews, Middle-
sex, Gloucester. King William, Essex, and King and Queen shall con-
stitute the ninth district.
10. The counties of Westmoreland, Spotsylvania, Caroline, Han-
over, Stafford. King George, Richmond, and Louisa shall constitute
<he tenth circuit.
11. The counties of Loudoun, Fauquier, Fairfax, Prince William,
Rappahannock, and Alexandria shall constitute the eleventh circuit.
12. The counties of Frederick, Clarke, Warren, Page, Shenandoah,
and Rockingham shall constitute the twelfth circuit.
13. The counties of Augusta, Rockbridge, Bath, Highland, and
Alleghany shall constitute the thirteenth circuit.
11:. The counties of Botetourt. Roanoke, Montgomery, Floyd, Giles,
and Craig shall constitute the fourteenth circuit.
15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland, and
Tazewell shall constitute the fifteenth circuit.
ID. The counties of Smyth, Washington, Lee, Scott, Wise, Russell,
and Buchanan shall constitute the sixteenth circuit.
Sec. 10. The general assembly may rearrange said circuits, or any
of them, and increase or diminish the number thereof wdien the public
interests shall require it.
Sec. 11. P'or each circuit a judge shall be chosen by the joint vote
of the two houses of the general assembly, who shall hold his office
for a term of eight years, unless sooner removed, in the manner pre-
scribed by this constitution. Pie shall, when chosen, possess the same
qualifications of judges of the supreme court of appeals, and during
his continuance in office shall reside in the circuit of wdiich he is
judge.
Sec. 12. A circuit court shall be held at least twice a year by the
judges of each circuit in every county and corporation thereof
Avherein a circuit court noW' is, or may hereafter be, established ;
but the judges may be required or authorized to hold the courts of
their respective circuits alternateh', and the judge of one circuit to
hold court in 'awj other circuit.
COUNTY COURTS
Sec. 13. In each county of this commonwealth there shall be a court
called the county court, which shall he held monthly by a judge
learned in the law of the State, and to be known as the county-court
judge: ProrklccL That counties containing less than eight thousand
inhabitants shall be attached to adjoining counties for the formation
of districts for county judges; countj^-court judges shall be chosen in
the same manner as judges of the circuit courts; they shall hold their
Virginia— 1870 3889
office for a term of six years, except the first term under this constitu-
tion, which shall be three years, and during their continuance in
office they shall reside in their respective counties or districts; the
jurisdiction of said courts shall be the same as that of the existing
county courts, except so far as it is modified by this constitution or
may be changed by law.
GOVERNMENT OF CITIES AND TOWNS
Sec. 14. For each city or town in the State containing a population
of five thousand there shall be elected, on the joint vote of the two
houses of the general assembly, one city judge, who shall hold a cor-
poration or hustings court of said city or town as often and as many
days in each month as may be prescribed by law, with similar juris-
diction which may be given by law to the circuit courts of this State,
and who shall hold his office for a term of six years: Provided^ That
in cities or towns containing thirty thousand inhabitants there may
be elected an additional judge to hold courts of probate and record
sej^arate and apart from the corporation or hustings courts, and per-
form such other duties as shall be prescribed by law.
Sec. 15. Also the following-enumerated officers, who shall be elected
by the qualified voters of the said cities or towns: One clerk of the
corporation or hustings court, who shall also be the clerk of the cir-
cuit court, except in cities or towns containing a population of thirty
thousand or more; in which city or town there may be a separate
clerk for the circuit court, who shall hold his office for a term of six
years.
Sec. 1G. One commonwealth's attorney, who shall be the common-
wealth's attorney for the circuit court, and shall hold his office for a
term of two years.
Sec. 17. One city sergeant, who shall hold his office for a term of
two years.
Sec. 18. One city or town treasurer, whose duties shall be similar
to those of coimty treasurer, and shall hold his office for a term of
three years.
Sec. 19. One commissioner of the revenue.
Sec. 20. There shall be chosen by the electors of every city a mayor,
who shall be the chief executive officer thereof, and who shall see that
the duties of the various city officers are faithfully performed. He
shall have power to investigate their acts, have access to all books
and documents in their offices, and may examine them and their sub-
ordinates on oath. The evidence given by persons so examined shall
not be used against them in any criminal proceedings. He shall also
have poAver to suspend or remove such officers, whether they be
elected or appointed, for misconduct in office or neglect of duty, to
be specified in the order of suspension or removal; but no such
removal shall be made without reasonable notice to the officer com-
plained of, and an opportunity afforded him to be heard in his
defence. All city, toAvn, and village officers, whose election or appoint-
ment is not provided for by this constitution, shall be elected by the
electors of such cities, towns, and villages, or of some division
thereof, or appointed by such authorities thereof as the general
3890 Virginia— 1870
assembly shall designate. All other officers whose election or appoint-
ment is not provided for by this constitution, and all officers whose
offices may be hereafter created by law, shall be elected by the people,
or appointed, as the general assembly may direct. Members of com-
mon councils shall hold no other office in cities, and no city officer
shall hold a seat in the general assembly. The general assembly, at
its first session after the adoption of this constitution, shall pass such
laws as may be necessary to give effect to the provisions of this
article. General laws shall be passed for the organization and gov-
ernment of cities, and no special act shall be passed except in cases
where, in the judgment of the general assembly, the object of such
act cannot be attained by general laws. Nothing in this article shall
affect the power of the general assembly over quarantine, or in regard
to the port of Norfolk, or the interest of the State in the lands under
Avater and Avithin the jurisdiction or boundaries of any city, or to
regulate the wharves, piers, or slips in any city. All laws or city
ordinances in conflict with the provisions of the preceding sections
«hall be void from and after the adoption of this constitution.
Sec. 21. All regular elections for city or town officers, under this
article, shall be held on the fourth Thursday in May, and the officers
elect shall enter upon their duties on the first day of July succeeding.
GENERAL PROVISIONS
Sec. 22. All the judges shall be commissioned by the governor, and
shall receive such salaries and alloAvances as may be determined by
law, the amount of which shall not be diminished during their term of
office. Their terms of office shall commence on the first day of Janu-
ary next following their appointment, and they shall discharge the
duties of their respective offices from their first appointment and
qualification under this constitution until their terms begin.
Sec. 23. Judges shall be removed from office by a concurrent vote
of both houses of the general assembly, but a majority of all the
members elected to each house must concur in such vote, and the
cause of remoA^al shall be entered on the journal of each house. The
judge against whom the general assembly may be about to proceed
shall have notice thereof, accompanied by a copy of the causes alleged
for his removal, at least twenty days before the day on which either
house of the general assembly shall act thereon.
Sec. 24. Judges of the supreme court of appeals and judges of the
circuit courts shall not hold any other office or public trust during
their continuance in office.
Sec. 25. Judges, and all other officers elected or appointed, shall
continue to discharge the duties of their offices after their terms of
service have expired, until their successors have qualified.
Sec. 26. Writs shall run in the name of the commonwealth of Vir-
ginia, and be attested by the clerks of the several courts. Indictments
shall conclude, " against the peace and dignity of the commonwealth."
Article VII
COUNTY ORGANIZATIONS
Section 1. There shall be elected by the qualified voters of the
county one sheriff, one attorney for the commonwealth, who shall also
Virginia— 1870 3891
be the commonwealth's attorney for the circuit court, one county
clerk, who shall also be the clerk of the circuit court, except that in
counties containing fifteen thousand inhabitants there may be a sep-
arate clerk for the circuit court, one county treasurer, and one super-
intendent of the poor; and there shall be appointed, in the manner
provided for in Article VIII, one superintendent of schools : Pro-
vided, That counties containing less than eight thousand inhabitants
may be attached to adjoining counties for the formation of districts
for superintendents of schools : Provided also, That in counties con-
taining thirty thousand inha*bitants there may be appointed an addi-
tional superintendent of schools therein. All regular elections for
county officers shall be held on the first Tuesday after the first Mon-
day in November, and all officers elected or appointed under this pro-
vision shall enter upon the duties of their offices on the first day of
January next succeeding their election, and shall hold their respective
officers for the term of three years, except that the county and circuit
court clerks shall hold their offices for four years.
TOWNSHIPS
Sec. 2. Each county of the State shall be divided into so many com-
pactly located townships as may be deemed necessary, not less than
three: Provided, That after three have been formed no additional
township shall be made containing less than thirty square miles.
Each township shall be known as the township of , in the
county of , and may sue and be sued by such title. In each
township there shall be elected annually one supervisor, one township
clerk, one assessor, one collector, one commissioner of roads, one over-
seer of the poor, one justice of the peace, who shall hold his office
three years; one constable, who shall hold his office three years:
Provided, That at the first election held under this provision there
shall be three justices of the peace and three constables elected, whose
terms shall be one, two, and three years, respectively. All regular
elections for township officers shall take place on the fourth Thursday
in May, and all officers so elected shall enter upon the duties of their
respective offices on the first day of July next succeeding their elec-
tion. The supervisors of each township shall constitute the board of
supervisors for that county, and shall assemble at the court-house
thereof on the first Monday in December, in each year, and proceed to
audit the accounts of said'county, examine the books of the assessors,
regulate and equalize the valuation of property, fix the county levies
for the ensuing year, apportion the same among the various town-
ships, and perform such other duties as shall be prescribed by law.
SCHOOI.- DISTRICTS
Sec. 3. Each township shall be divided into so many compactly
located school districts as may be deemed necessary : Provided, That
no school district shall be formed containing less than one hundred
inhabitants. In each school district there shall be elected or ap-
pointed annually one school trustee, who shall hold his office three
years: Provided, That at the first election held under this provision
there shall be three trustees elected, whose terms shall be one, two,
and three years, respectively.
3892 Virginia— 1870
ROAD DISTRICTS
Sec. .4. Each townshij) shall be divided into one or more road dis-
tricts. In each road district there shall be elected annually one over-
seer of roads, under whose direction the roads shall be kept in repair,
at the public expense, in a mode prescribed by law.
Sec. 5. The general assembly, at its first session after the adopti,on
of this constitution, shall pass such laws as may be necessary to give
effect to the provisions of this article. But nothing- in this article
shall be construed as prohibiting the general assembly from providing
by law for any additional officers in any city or county.
Sec. 6. Sheriffs shall hold no other office. They may be required
by law to renew their security, and, in default of so doing, their offices
shall be declared vacant. Counties shall never be made responsible
for the acts of the sheriff's.
Article VIII.
education
Section 1. The general assembly shall elect, in joint ballot, within
thirty days after its organization under this constitution, and every
fourth year thereafter, a superintendent of public instruction. He
shall have the general supervision of the public free-school interests
of the State, and shall report to the general assembly for its con-
sideration within thirty days after his election a plan for a uniform
system of public free schools.
Sec. 2. There shall be a board of education, composed of the gov-
ernor, superintendent of public instruction, and attorney-general,
which shall a])i)oint and have power to remove for cause and upon
notice to the incumbents, subject to confirmation by the senate, all
county superintendents of public free schools. This board shall have,
regulated by law, the management and investment of all school-funds,
and such supervision of schools of higher grades as the law shall
provide.
Sec. 3. The general assembly shall provide by law, at its first ses-
sion under this constitution, a uniform system of public free schools,
and for its gradual, equal, and full introduction into all the counties
of the State by the year eighteen hundred and seventy-six, or as much
earlier as practicable.
Sec. 4. The general assembly shall have poAver, after a full intro-
duction of the public free-school system, to make such laws as shall
not ])ermit parents and guardians to allow their children to grow up
in ignorance and vagrancy.
Sec. 5. The general assembly shall establish, as soon as practicable,
normal schools, and may establish agricultural schools and such
grades of schools as shall be for the public good.
Sec. 6. The board of education shall provide for uniformity of
text-books, and the furnishing of school-houses with such apparatus
and library as may be necessary, under such regulations as may be
]irovided by law.
Sec. 7. The general assembly shall set apart, as a permanent and
perpetual " literary f imd," the present literary funds of the State, the
Virginia— 1870 3893
proceeds of all public lands donated by Congress for public-school
IDuri^oses, of all escheated property, of all waste and unappropriated
lands, of all property accruing to the State by forfeiture, and all
fines collected for offences committed against the State, and such
other sums as the general assembly may appropriate.
Sec. 8. The general assembly shall apply the annual interest on the
literary fund, the capitation-tax provided for by this constitution for
jjublic free-school purposes, and an annual tax upon the property
of the State of not less than one mill, nor more than five mills, on the
dollar, for the equal benefit of all the people of the State, the number
of children between the ages of five and twenty-one years in each
public free-school district being the basis of such division. Pro-
vision shall be made to supply children attending the public free
schools with necessary text-books, in cases where the parent or
guardian is unable, by reason of poverty, to furnish them. Each
county and public free-school district may raise additional sums by a
tax on proj^erty for the support of public free schools. All unex-
pended sums of any one year in any public free-school district shall
go into the general school-fund for redivision the next year: Pro-
vided, That any tax authorized by this section to be raised by
counties or school districts shall not exceed five mills on a dollar in
any one year, and shall not be subject to redivision, as hereinbefore
provided in this section.
Sec. 9. The general assembly shall have power to foster all higher
grades of schools under its supervision, and to provide for such pur-
pose a permanent educational fund.
Sec. 10. All grants and donations received by the general assembly
for educational purposes shall be applied according to the terms pre-
scribed by the donors.
Sec. 11. Each city and county shall be held accountable for the
destruction of school property that may take place within its limits
by incendiaries or open violence.
Sec. 12. The general assembly shall fix the salaries and prescribe
the duties of all school officers, and shall make all needful laws and
regulations to carry into effect the public free-school system provided
for by this article.
Article IX
MILITIA
Section 1. The militia of this State shall consist of all able-bodied
male persons between the ages of eighteen and forty-five years, except
such persons as hereafter may be exempted by the laws of the United
States or of this State; but those who belong to religious societies
whose tenets forbid them to carry arms shall not be compelled to do
so, but shall pay an equivalent for personal service; and the militia
shall be organized, armed, and equipped, and trained as the general
assembly may provide by law.
Sec. 2. The legislature shall provide by law for the encouragement
of volunteer corps of the several arms of the service, which shall be
classed as the active militia, and all other militia shall be classified
as the reserve militia, and shall not be required to muster in time of
peace.
7535— VOL 7—09 8
3894 Virginia— 1870
AkticixE X .
TAXATION AND FINANCE
Section 1. Taxation, except as hereafter provided, whether im-
posed by the State, county, or corporate bodies, shall be equal and
uniform, and all property, both real and personal, shall be taxed in
proportion to its value, to be ascertained as prescribed by law. No
one species of property, from which a tax may be collected, shall be
taxed higher than any other species of property of equal value.
Sec. 2. No tax shall be imposed on any of the citizens of this State
for the privilege of taking or catching oysters from their natural
beds with tongs, in the waters thereof, but the amount of sales of
oj^sters so taken by any citizen in any one year may be taxed at a rate
not exceeding the rate of taxation imposed upon any other species of
property.
Sec. 3. The legislature may exempt all property used exclusively
for State, county, municipal, benevolent, charitable, educational, and
religious purposes.
Sec. 4. The general assembly may levy a tax on incomes in excess
of six hundred dollars per annum, and upon the following licenses,
viz : the sale of ardent spirits, theatrical and circus companies,
menageries, jugglers, itinerant pedlers, and all other shows and ex-
hibitions for which an entrance-fee is required, commission mediants,
persons selling by sample, brokers, and pawnbrokers, and all other
business which cannot be reached by the ad-ralore?n system. The
capital invested in all business oj^erations shall be assessed and taxed
as other property. Assessments upon all stock shall be according to
the market-value thereof.
Sec. 5. The general assembly may levy a tax, not exceeding one dol-
lar per annum, on every male citizen who has attained the age of
twenty-one years, wihch shall be applied exclusively in aid of public
free schools; and counties and corporations shall have power to
impose a capitation-tax. not exceeding fifty cents per annum for all
purposes.
Sec 6. The general assembly shall provide for a reassessment of
the real estate of this State in the year 1869, or as soon thereafter as
practicable, and every fifth year thereafter: Provided, In making
such assessments, no land shall be assessed above or below its value.
Sec 7. No debt shall be contracted by this State except to meet
casual deficits in the revenue, to redeem a previous liability of the
State, to suppress insurrection, repel invasion, or defend the State
in time of Avar.
Sec 8. The general assembly shall provide, by law, a sinking-fund,
to be applied solely to the payment and extinguishment of the princi-
pal of the State debt, which sinking-fund shall be continued until the
extinguishment of such State debt; and every law hereafter enacted
by the general assembly, creating a debt or authorizing a loan, shall
provide a sinking-fund for the payment of the same.
Sec 9. The unfunded debt shall not be funded or redeemed at a
value exceeding that established by law at the time said debt was
contracted, nor shall any discrimination hereafter be made in paying
the interest on State bonds which shall give a higher actual value to
Virginia— 1870 3895
bonds held in foreign countries over the same class of bonds held in
this country.
Sec. 10. No money shall be paid out of the State treasury except in
pursuance of appropriations made by law; and no apj^ropriation
shall ever be made for the payment of any debt or obligation created
in the name of the State of Virginia, by the usurped and pretended
State authorities assembled at Richmond during the late war ; and no
county, city, or corporation shall levy or collect any tax for the pay-
ment of any debt created for the purpose of aiding any rebellion
against the State, or against the United States.
Sec. 11. On the passage of every act which imposes, continues, or
revives any appropriation of public or trust money or property, or
releases, discharges, or commutes any claim or demand of the State,
the vote shall be determined by ayes and noes, and the names of the
persons voting for and against the same shall be entered on the jour-
nals of the respective houses, and a majority of all the members
elected to each house shall be necessary to give it the force of a law.
Sec. 12. The credit of the State shall not be granted to, or in aid of,
any person, association, or corporation.
Sec. 13. No scrip, certificate, or other evidence of State indebted-
ness shall be issued except for the redemption of stock previously
issued, or for such debts as are expressly authorized in this contitu-
tion.
Sec. 14. The State shall not subscribe to or become interested in
the stock of any company, association, or corporation.
Sec. 15. The State shall not be a party to or become interested in
any work of internal improvement, nor engage in carrying on any
such work, otherwise than in the expenditure of grants to the State
of land or other property.
Sec. 1G. Every law which imposes, continues, or revives a tax shall
distinctly state the tax and the object to which it is to be ajDplied, and
it shall not be sufficient to refer to any other law to fix such tax or
object.
Sec. it. The State shall not assume any indebtedness of the county,
borough, nor city, nor lend its credit to the same.
Sec. 18. A full account of the State indebtedness, and an accurate
statement of receipts and expenditures of the public money, shall be
attached to and published with its laws passed at every regular
session of the general assembly.
Sec. 19. The general assembly shall provide by law for adjusting
with the State of West Virginia the proportion of the public debt of
Virginia proper to be borne by the State of Virginia and West Vir-
ginia, ancl shall provide that such sum as shall be received from West
Virginia shall be applied to the payment of the public debt of the
State.
Sec. 20. No other or greater amount of tax or revenue shall at any
time be levied than may be required for the necessary expenses of the
government, or to pay the existing indebtedness of the State.
Sec. 21. The liability to the State of any incorporated company or
institution to redeem the principal and pay the interest of any loan
heretofore made by the State to such company or institution shall
not be released or commuted.
3896 Virginia— 1870
USURY «
Upon debts hereafter contracted it shall be lawful to receive any
rate of interest not exceeding twelve per centum per annum, which
may be agreed upon by the parties and be specified in the bond, note,
or other writing evidencing the debt. AVhen there is no such agree-
ment, the rate of interest shall be six per centum per annum for the
use and forbearance of every hundred dollars.
Article XI
MISCELLANEOI'S l'RO^•ISIONS
HOMESTEAD AND OTHER EXEMPTIONS
Section 1. Every householder or head of a family shall be en-
titled, in addition to the article now exempt fnmi levy or distress
for rent, to hold exempt from levy, seizure, garnisheeing, or sale,
under any execution, order, or other process, issued on any demand
for anj^ debt heretofore or hereafter contracted, his real and personal
property, or either, including mone}^ and debts due him, whether
heretofore or hereafter acquired or contracted, to the value of not
exceeding two thousand dollars, to be selected by him: Prorlded,
That such exemption shall not extend to any execution, order, or
other process issued on any demand in the following cases:
1. For the purchase price of said property, or any part thereof.
2. For services rendered by a laboring person or a mechanic.
3. For liabilities incurred by any public officer, or officer of a court,
or any fiduciary, or any attorney at law, for money collected.
4. For a lawful claim for any taxes, levies, or assessments accruing
after the first day of June, ISGG.
5. For rent hereafter accruing.
C. For the legal or taxable fees of any public officer, or officers of a
court, hereafter accruing.
Sec. 2. The foregoing section shall not be construed as subjecting
the property hereby exempted, or any portion thereof, to any lien
by reason of any execution levied on jjroperty which has been sul)-
sequently restored to the defendant, or judgment rendered or docketed
on and after the ITth day of April, 1861, and before the 2d day of
March, 18G7, for any debt contracted previous to the 4th day of
April, 1805, except debts of the character mentioned in either of the
above first three exceptions.
Sec. 3. Nothing contained in this article shall be construed to
interfere with the sale of the property aforesaid, or any portion
thereof, by virtue of any mortgage, deed of trust, pledge, or other
security thereon.
Sec. 4. The general assembly is hereby prohibited from passing
any law staying the collection of debts, commonly known as " stay
laws; " but this section shall not be construed as prohibiting any leg-
islation which the general assembly may deem necessary to fully
carry out the provisions of this article.
o See amendment.
Virginia— 1870 3897
Sec. 5. The general assembly shall, at its first session under this
constitution, prescribe in what manner and on what conditions the
said householder or head of a family shall thereafter set apart and
hold, for himself and family, a homestead out of any property hereby
exempted, and may, in its discretion, determine in what manner and
on what conditions he may thereafter hold for the benefit of himself
and family, such personal property as he may have, and coming
within the exemption hereby made. But this section shall not be
construed as authorizing the general assembly to defeat or impair
the benefits intended to be conferred by the provisions of this article.
Sec. 6. An act of the general assembly entitled "An act to exempt
the homesteads of families from forced sales," passed April 29, 1867,
and an act entitled "An act to stay the collection of debts for a limited
period," passed March 2, 18G6, and the acts amendatory thereof, are
hereby abrogated.
Sec. 7. The provisions of this article shall be construed liberally,
to the end that all the intents thereof may be fully and perfectly
carried out.
CHURCH PROPERTY
The rights of ecclesiastical bodies in and to church property con-
veyed to them by regular deed of conveyance shall not be affected by
the late civil war, nor by any antecedent or subsequent event, nor
by any act of the legislature purj^orting to govern the same, but all
such property shall pass to and be held by the parties set forth in
the original deeds of conveyance, or the legal assignees of such
original parties holding through or by conveyance, and any act or
acts of the legislature in opposition thereto shall be null and void.
HEIRSHIP PROPERTY
The children of parents one or both of whom were slaves at and
during the period of cohabitation, and who were recognized by the
father as his children, and whose mother was recognized by such
father as his wife, and was cohabited with as such, shall be as capable
of inheriting any estate whereof such father may have died seized
or possessed as though they had been born in lawful wedlock.
Article XII
FUTURE CHANGES IN THE CONSTITUTION
Any amendment or amendments to the constitution may be pro-
posed in the senate and house of delegates, 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 ayes and noes taken thereon, and referred
to the general assembly to be chosen at the next general election of
senators and members of the house of delegates, and shall be pub-
lished for three months previous to the time of making such choice.
And if in the general assembly so next chosen as aforesaid, such pro-
posed amendment or amendments shall be agreed to by a majority
of all the members elected to each house, then it shall be the duty of
3898 Virginia— 1870
the general assembly to submit such proposed amendment or amend-
ments to the people, in such manner and at such times as the general
assembly shall prescribe, and if the people shall approve and ratify
such amendment or amendments, by a majority of the electors quali-
fied to vote for members of the general assembly voting thereon, such
amendment or amendments shall become part of the constitution.
At the general election to be held in the year 1888, and in each
twentieth year thereafter, and also at such time as the general assem-
bly may by law provide, the question, " Shall there be a convention
to revise the constitution and amend the same ? '' shall be decided by
the electors qualified to vote for members of the general assembly;
and in case a majority of the electors so qualified voting at such elec-
tion shall decide in favor of a convention for such purpose, the gen-
eral assembh', at its next session, shall provide by law for the elec-
tion of delegates to such convention: Provided, That no amendment
or revision shall be made which shall deuA'^ or in any way impair the
right of suffrage, or any civil or political right as conferred by this
constitution, except for causes which apply to all persons and classes
without distinction.
John C. Underwood, President,
Attest :
George Rye, Secretary.
J. H. Painter, Assistant /Secretary.
SCHEDULE
That no inconvenience may arise from the changes in the constitu-
tion of this State, and in order to carry the same into complete opera-
tion, it is hereby declared that —
Section 1. The conmion law and the statute laws now in force, not
repugnant to this constitution, shall remain in force until they expire
by their own limitation, 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
charters of incorporation, shall continue; and all indictments which
shall have been found, or which ma}" hereafter be found, for an}'
crime or offence committed before the adoption of this constitution,
may be proceeded upon as if no change had taken place. The several
courts, excejjt as herein otherwise provided, shall continue with the
like powers and jurisdiction, both in law and in equity, as if this con-
stitution had not been adopted, and until the organization of the
judicial department of this constitution.
Sec. 3. That all fines, penalties, forfeitures, and escheats accruing
to the State of Virginia, 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
instruments entered into or executed before the adoption of this con-
stitution, to the people of the State of Virginia, to any State, county,
or township, or any public officer or public body, or Avhich may be
entered into or executed, under existing laws, " to the j^eople of the
State of Virginia," to any such officer or public body before the com-
plete organization of the department of government mider this con-
stitution, shall remain binding and valid, and rights and liabilities
Virginia— 1870 3899
upon the same shall continue, and may be prosecuted as provided by
law. 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.
ELECTION ORDINANCE
An ordinance concerning the election for ratification of tliis constitution and
for State officers and members of Congress
Section 1. Be it ordained hy the people of Virginia in convention
assembled., That the constitution adopted by this convention be sub-
mitted for ratification on Tuesday, the 2d day of June, 1868, to the
voters of this State, registered and qualified in compliance with the
acts of Congress known as the reconstruction acts. The vote on said
constitution shall be " For the constitution " or "Against the consti-
tution." The said election shall be held at the same places where
the election for delegates to this convention was held, and under the
regulations to be prescribed by the commanding general of this
military district, and the returns made to him as directed by law.
Sec. 2. An election sliall be held at the same time and places for
members of the general assembly and for all State officers to be
elected by the people under this constitution; the said election for
State officers shall be conducted under the same regulations as the
election for the ratification of the constitution and by the same per-
sons. The returns of this election shall be made in duplicate, one
copy to the commanding general and one copy to the president of
this convention, who shall give certificates of election to the persons
elected. The officers elected shall enter upon the duties of the offices
for which they are chosen as soon as elected and qualified, in cohipli-
ance with the provisions of this constitution, and shall hold their
respective offices for the term of years prescribed by the constitution,
counting from the 1st day of January next, and until their successors
are elected and qualified.
Sec. 3. An election for members of the United States Congress
shall be held in the congressional districts as established by this con-
vention, one member of Congress being elected in the State at large,
at the same time and places as the election for State officers; said
election to be conducted by the same persons and under the same
regulations before mentioned in this ordinance; the returns to be
made in the same manner provided for State officers.
Sec. 4, The general assembly elected under this ordinance shall
assemble at the capitol, in the city of Richmond, on Wednesdav, the
24th day of June, 1868. '
Sec. 5. The commanding general is requested to enforce this
ordinance,
congressional apportionment
Be it ordained hy the people of Virginia in convention assembled.,
That the following-named counties shall compose the respective
congressional districts:
The counties of Accomac, Northampton, Northumberland, Rich-
mond, Westmoreland, Essex, Lancaster, Middlesex, King and Queen,
3900 Virginia— 1870
King William, Gloucester, Mathews, York, James City, city of Wil-
liamsburg, Elizabeth City, Warwick, King George, and Caroline,
with a population of 151,295, shall form the first congressional
district.
The counties of Princess Anne, Norfolk City, Norfolk County,
city of Portsmouth, Nansemond, Southampton, Greenville, Sussex,
Surry, Dinwiddle, city of Petersburg, Prince George, Isle of Wight,
and Nottoway, with a population of 150,584, shall form the second
congressional district.
The counties of Charles City, Henrico, city of Richmond, Hanover,
Chesterfield, Goochland, Powhatan, Amelia, Cumberland, and New
Kent, with a population of 149,021, shall form the third congressional
district.
The counties of Brunswick, Mecklenburg, Lunenburg, Charlotte,
Halifax, Pittsylvania, Franklin, Patrick, and Henry, with a popula-
tion of 160,730, shall form the fourth congressional district.
The counties of Greene, Albemarle, Fluvanna, Nelson, Bucking-"
ham, Amherst, Appomattox, Bedford, Campbell, Prince Edward,
and the city of Lynchburg, with a population of 155,490, shall form
the fifth congressional district.
The counties of Frederick, city of Winchester, Clarke, Warren,
Page, Shenandoah, Rockingham, Augusta, town of Staunton, High-
land, Bath, Botetourt, Allegheny, and Rockbridge, with a poijulation
of 146,824, shall form the sixth congressional district.
The counties of Alexandria, f'airfax, Prince William, Fauquier,
xStafford, Rappahannock, Culpepper, Spottsylvania, town of Fred-
ericksburg, Orange, Louisa, Loudon, and Madison, with a population
of 158,295, shall form the seventh congressional district.
The counties of Montgomery, Giles, Pulaski, Wythe, Bland, Taze-
well, Smyth, AVashington, Russell, Scott, Lee, Wise, Buchanan, Gray-
son, Carroll, Floyd, Craig, and Roanoke, with a population of 147,679,
shall form the eighth congressional district.
And there shall be one member of Congress elected by the State at
large.
This ordinance shall be in force from its passage, and may be
altered or repealed by the legislature.
John C. Underwood, President.
Attest :
Gkorgk Rye, Secretary.
J. H. Painter, Assistant /Secretary.
AMENDMENTS TO THE CONSTITUTION OF 1870
(Ratified 1872)
Art. X. Amended by striking out the following clanse in relation
to usury : Upon debts hereafter contracted it shall be lawful to receive
any rate of interest not exceeding twelve per centum per annum,
Avhich may be agreed upon by the parties and be specified in the bond,
note, or other writing evidencing the debt. Wlien there is no such
agi'eement, the rate of interest shall be six per centum per annum for
the use and forbearance of every hundred dollars.
Virginia— J 870 3901
(Ratified 1874)
Art. VII. Amended hy striking out the first, second, third, and
fourth sections, and inserting in lieu thereof :
Section 1. There shall be elected by the qualified voters of the
county, one sheriff, one attorney for the commonwealth, (who shall
also be the commonwealth's attorney for the circuit court,) one county
clerk, (wdio shall be clerk of the circuit court, except that in counties
containing fifteen thousand inhabitants there may be a separate
clerk for the circuit court,) one county treasurer, and so many com-
missioners of the revenue as may be provided by law ; and there shall
be appointed, in a manner to be provided by law, one superintendent
of the poor and ones county surveyor ; and there shall also be ap-
pointed, in the manner provided for in article eight, one superintend-
ent of schools. All regular elections for county officers shall be held
on the fourth Thursday in May ; and all officers elected or appointed
under this provision shall enter upon the duties of their offices on the
first day of July next succeeding their election, and shall hold their
respective offices for the term of four years, except that county and
circuit court clerks shall hold their offices for six years.
Sec. 2, Each county of the State shall be divided into so many
compactly-located magisterial districts as may be deemed necessary,
not less than three: Provided, That after these have been formed no
additional districts shall be made containing less than thirty square
miles, each magisterial district to be known as magisterial
district of county. In each district there shall be elected one
supervisor, three justices of the peace, one constable, and one overseer
of the poor, who shall hold their respective offices for the term of two
years. All regular elections for magisterial district officers shall take
jjlace on the fourth Thursday in May ; and all officers so elected shall
enter upon the duties of their respective offices on the first day of
July next succeeding their election. The supervisors of the district
shall constitute the board of supervisors for that county, whose duty
it shall be to audit the accounts of the county, examine the books of
the commissioners of the revenue, regulate and equalize the valuation
of property, fix the county levies of the ensuing year, and perform
any other duties required of them by law.
Sec. 3. Each magisterial district shall be divided into so many com-
pactly-located school-districts as may be deemed necessary : Provided,
That no school-district shall be formed containing less than one hun-
dred inhabitants. In each school- district there shall be elected or
appointed annually one school-trustee, who shall hold his office three
years: Provided^ That at the first election held under this provision
there shall be three trustees elected, whose terms shall be one, two,
and three years respectively.
(Ratified 1876)
Art. III. Amended hy striking ovt the frst and fourth sections,
and inserting in lieu therof :
Section 1. Every citizen of the United States, twenty-one years
old, who shall have been a resident of the State twelve months, and of
the county, city, or town in which he shall offer to vote, three months
3002 Virginia— 1870
next preceding any election, and shall have paid to the State, before
the da}^ of election, the capitation tax required by law for the pre-
ceding year, shall be entitled to vote for members of the general
assembly and all officers elected by the people: Provided, That no
officer, soldier, seaman, or marine of the United States Army or Navy
shall be considered a resident of this State by reason of being sta-
tioned therein : A7id provided also, That the following persons shall
be excluded from voting :
First. Idiots and lunatics.
Second. Persons convicted of bribery in any election, embezzlement
of public funds, treason, felony, or petit larceny.
Third. No person who, while a citizen of this State, has, since the
adoption of this constitution, fought a duel A^^th a deadly weapon,
sent or accepted a challenge to fight a duel with a deadly weapon,
either within or beyond the boundaries of this State, or knowingly
conveyed a challenge, or aided or assisted in any manner in fighting
a duel, shall be allowed to vote or hold any office of honor, profit, or
trust under this constitution.
Art. V, Amended hy striking aut the second, third, fovrth, fifth,
sixth, and eighth sections, and inserting in lieu thereof the following ;
and hy adding two new sections, the twenty-third and the twenty-
fourth :
Sec. 2. The house of delegates shall be elected biennially by the
voters of the several cities and counties, on the Tuesday succeeding
the first Monday in November, and shall, from and after the Tuesday
succeeding the first Monday in November, eighteen hundred and
seventy-nine, consist of not more than one hundred and not less than
ninety members.
Sec. 3. From and after the same date the senate shall consist of not
less than thirty-three nor more than forty members. They shall be
elected for the term of four years — for the election of whom the coun-
ties, cities, and towns shall be divided into districts. Each county,
city, and town of the respective districts shall, at the time of the first
election of its delegate or delegates under this amendment, vote for
one or more senators. The senators first elected under this amend-
ment, in districts bearing odd numbers, shall vacate their offices at the
end of two years, and those elected in districts bearing even numbers,
at the end of four years; and vacancies occurring by expiration of
term shall be filled by the election of senators for the full term.
Sec. 4. An apportionment of senators and members of the house of
delegates shall be made at the regular session of the general assembly
next preceding the Tuesday after the first Monday in November,
eighteen hundred and seventy-nine, or sooner. A re-apportionment
shall be made in the year eighteen hundred and ninety-one, and
every tenth year thereafter.
Sec. 5. Any person may be elected senator who, at the time of elec-
tion, is actually a resident within the district, and qualified to vote
for members of the general assembly according to this constitution ;
and any person may be elected a member of the house of delegates
who, at the time of election, is actually a resident of the county, city,
or town or election district, qualified to vote for members of the gen-
eral assembly according to this constitution. But no person holding
a salaried office under the State government shall be capable of being
Virginia— 1870 3903
elected a member of either house of the general assembly. The re-
moval of any person elected to either branch of the general assembly,
from the city, county, town, or district for which he was elected, shall
vacate his office.
Sec. G. The general assembly shall meet once in two years, and not
oftener, unless convened by the governor in the manner prescribed in
this constitution. No session of the general assembly, after the first
under this amendment, shall continue longer than ninety days, with-
out the concurrence of three fifths of the members elected to each
house; in Avhich case the session may be extended for a further
period, not exceeding thirty days. Neither house during the session
of the general assembly shall, without the consent of the other, ad-
journ for more than three days, nor to any other place than that in
which the two houses shall be sitting. A majority of the members
elected to each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and shall have power
to compel the attendance of absent members in such manner and
under such penalty as each house may prescribe.
Sec. 8. The members of the general assembly shall receive for their
services a salary, to be ascertained by law, and paid out of the public
treasury; but no act increasing such salary shall take effect until
after the end of the term for which the members of the house of
delegates voting thereon were elected; and no senator or delegate,
during the term for which he shall have been elected, shall be ap-
pointed to any civil office of profit under the commonwealth, which
has been created, or the emoluments of which have been increased
during such term, except offices filled by election by the people.
Sec. 23. The legislature shall have powder to provide for the gov-
ernment of cities and towns, and to establish such courts therein as
may be necessary for the administration of justice.
Sec. 24. The general assembly shall have power, by a two-thirds
vote, to remove disabilities incurred under clause third, section one,
article third, of this constitution, with reference to dueling.
(March 3, 1882)
Strike out the first sectioii of the third article^ in reference to the
elective franchise and qualifications for office., and in lieu thereof
insert —
Section 1. Every male citizen of the United States, twenty-one
years old, who shall have been a resident of this State twelve months,
and of the county, city or town in which he shall offer to vote three
months next preceding any election, shall be entitled to vote for
members of the General Assembly and all officers elected by the peo-
ple : provided that no officer, soldier, seaman, or marine of the United
States army or navy, shall be considered a resident of this State by
reason of being stationed therein: and provided, also, that the fol-
lowing persons shall be excluded from voting :
First. Idiots and lunatics.
Second. Persons convicted of bribery in any election, embezzle-
ment of public funds, treason, felony, or petit larceny.
Third. No person who, while a citizen of this State, has since the
adoption of this Constitution, fought a duel with a deadly weapon,
3904 Virginia— 1902
sent or accepted a challenge to fight a duel with a deadly weapon,
either within or beyond the boundaries of this State, or knowingly
conveyed a challenge, or aided or assisted in any manner in fighting
a duel, shall be allowed to vote or hold any office of honor, profit, or
trust under this constitution.
CONSTITUTION OF VIRGINIA— 1902 * «
Whereas, pursuant to an act of the General Assembly of Virginia,
approved March the fifth, in the year of our Lord nineteen hundred,
the question, "'■ shall there be a convention to revise the Constitution
and amend the same? " was submitted to the electors of the State of
Vii'ginia, qualified to vote for members of the General Assembly, at
an election held throughout the State on the fourth Thursday in May,
in the year nineteen hundred, at which election a majority of the
electors so qualified voting at said election did decide in favor of a
convention for such purpose ; and,
Whereas, the General Assemblj' at its next session did provide by
law for the election of delegates to such convention, in ])ursuance
whereof the members of this convention were elected by the good
people of Virginia, to meet in convention for such purpose.
AVe, therefore, the ])eo])le of Virginia, so assembled in convention
through our re])resentatives, with gratitude to God for His past
favors, and invoking His blessings upon the result of our delibera-
tions, do ordain and establish the following revised and amended
Constitution for the government of the Commonwealth :
Article I
BILL OF RIGHTS
A DECLARATION OF RIGHTS, MADE liY THE REPRESENTATIVES OF THE GOOD PEOPLE OF
VIRGINIA ASSEMBLED IN FULL AND FREE CONVENTION ; WHICH RIGHTS DO PERTAIN
TO THEM AND THEIR POSTERITY, AS THE BASIS AND FOUNDATION OF GOVERNMENT
Section 1. That all men are by nature equally free and inde-
pendent, and have certain inherent rights, of which, when they enter
into a state of society, they cannot, by any compact, deprive or divest
their posterity; namely, the enjoyment of life and liberty, with the
means of acquiring and possessing property, and pursuing and ob-
taining happiness and sefety.
Sec. 2. That all power is vested in, and consequently derived from,
the people; that magistrates are their trustees and servants, and at
all times amenable to them.
Sec. 3. That government is, or ought to be, instituted for the com-
mon benefit, protection and security of the people, nation or com-
munity; of all the various modes and forms of government, that is
best, which is ca]iable of producing the greatest degree of happiness
and safety, and is most effectually secured against the danger of mal-
administration; and, whenever anj'^ government shall be found
* Verified from official copv supplied by the Secretary of State, of Virginia,
o In effect July 10, 1902.
Virginia~1902 3905
inadequate or contrary to these purposes, a majority of the community
hath an indubitable, inalienable, and indefeasible right to reform,
alter or abolish it, in such manner as shall be judged most conducive
to the public weal.
Sec. 4. That no man,, or set of men, is entitled to exclusive or sepa-
rate emoluments or privileges from the community, but in considera-
tion of public services; which not being descendible, neither ought
the offices of magistrate, legislator or judge to be hereditary.
Sec. 5. That the legislative, executive, and judicial departments of
the State should be separate and distinct; and that the members
thereof may be restrained from oppression, by feeling and participat-
ing the burthens of the people, they should, at hxed periods, be
reduced to a private station, return into that body from which they
were originally taken, and the vacancies be suiDplied by regular elec-
tions, in which all or any part of the former members shall be again
eligible, or ineligible, as the laws may direct.
Sec. G. That all elections ought to be free; and that all men, hav-
ing sufficient evidence of permanent common interest with, and attach-
ment to, the community, have the right of suffrage, and cannot be
taxed, or deprived of, or damaged in, their property for public uses,
without their own consent, or that of their representatives duly elected,
or bound by any laAv to which they have not, inilike manner, assented
for the public good.
Sec. 7. That all power of suspending laws, or the execution of
laws, by any authority, w^ithout consent of the representatives of the
people, is injurious to their rights, and ought not to be exercised.
Sec. 8. That no man shall be deprived of his life, or liberty, except
by the law of the land, or the judgment of his peers; nor shall any
man be compelled in any criminal proceeding to give evidence against
himself, nor be put twice in jeopardy for the same offence, but an
appeal may be allowed to the Commonwealth in all prosecutions for
the violation of a law relating to the state revenue.
That in all criminal j^rosecutions a man hath a right to demand the
cause and nature of his accusation, to be confronted with the accusers
and witnesses, to call for evidence in his favor, and to a speedy trial
by an impartial jury of his vicinage, without whose unanimous con-
sent he cannot be found guilty; provided, however, that in any
criminal case, upon a plea of guilty, tendered in person by the
accused, and with the consent of the attorney for the Commonwealth,
entered of record, the court shall, and in a prosecution for an offence
not punishable by death, or confinement in the penitentiary, upon a
plea of not guilty, with the consent of the accused, given in person,
and of the attorney for the Commonwealth, both entered of record,
the court, in its discretion, may hear and determine the case, without
the intervention of a jury; and, that the General Assembly may pro-
vide for the trial of offences not punishable by death, or confinement
in the penitentiary, by a justice of the peace, without a jury, preserv-
ing in all such cases, the right of the accused to an appeal to and trial
by jury in the circuit or corporation court; and may also provide for
juries consisting of less than twelve, but not less than five, for the trial
of offences not punishable by death, or confinement in the peniten-
tiary, and may classify such cases, and prescribe the number of
jurors for each class.
3906 Virginia— 1902
Sec. 9. That excessive bail oiiglit not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
Sec. 10. That general Avarrants, whereby an officer or messenger
may be commanded to search susj^ected places without evidence of a
fact committed, or to seize anj^ person or persons not named, or whose
offence is not particularly described and supported by evidence, are
grievous and oppressive, and ought not to be granted.
Sec. 11. That no person shall be deprived of his property without
due process of law ; and in controversies respecting property, and in
suits between man and man, trial by jury is preferable to any other,
and ought to be held sacred ; but the General Assembly may limit the
number of jurors, for civil cases in circuit and corporation courts to
not less than five in cases now cognizable by justices of the peace, or to
not less than seven in cases not so cognizable.
Sec. 12. That the freedom of the press is one of the great bulwarks
of liberty, and can never l)e restrained but by despotic governments;
and any citizen may freely speak. Avrite and publish his sentiments on
all subjects, being responsible for the abuse of that right.
Sec. 18. That a well-regulated militia, composed of the body of the
people, trained to arms, is the proper, natural and safe defence of a
free state; that standing armies, in time of peace, should be avoided
as dangerous to liberty; and that in all cases the military should be
unck'r strict subordination to, and governed by, the civil power.
Sec. 14. That the people have a right to uniform government; and,
therefore, that no government separate from, or independent of, the
government of Virginia, ought to be erected or established within the
limits thereof.
Sec. 15. That no free government, or the blessing of liberty, can be
preserved to any people, but by a firm adherence to justice, modera-
tion, temperance, frugality and virtue, and by frequent recurrence to
fundamental principk^s.
Sec. K). That religion, or the duty which we owe to our Creator,
and the manner of discharging it, can be directed only by reason and
conviction, not by force or violence; and, therefore, all men are
equally entitled to the free exercise of religion, according to the dic-
tates of conscience; and that it is the mutual duty of all to practice
Christian forbearance, love and charity towards each other.
Sec. it. The rights enumerated in this Bill of Eights shall not be
construed to limit other rights of the people not therein expressed.
Article II
elective franchise and Qi alifications for office
Sec. 18. Every male citizen of the United States, twenty-one years
of age, who has been a resident of the State two years, of the county,
city, or town one year, and of the precinct in Avhich he offers to vote,
thirty days, next preceding the election in which he offers to vote, has
been registered, and has paid his state poll taxes, as hereinafter
required, shall be entitled to vote for members of the General Assem-
bly and all officers elective by the people ; but removal from one pre-
cinct to another, in the same county, city or town shall not deprive any
person of his right to vote in the precinct from which he has moved,
until the expiration of thirty days after such removal.
Virginia— 1902 3907
Sec. 19. There shall be general registrations in the counties, cities
and towns of the State during the years nineteen hundred and two
and nineteen hundred and three at such times and in such manner as
may be prescribed by an ordinance of this Convention. At such reg-
istrations every male citizen of the United States having the qualifica-
tions of age and residence required in section Eighteen shall be enti-
tled to reo;ister, if he be:
First. A person who, prior to the adoption of this Constitution,
served in time of war in the army or navy of the United States, of
the Confederate States, or of any state of the United States or of the
Confederate States; or,
Second. A son of any such person; or,
Third. A person, who owns property, upon which, for the year
next preceding that in which he offers to register, state taxes aggre-
gating at least one dollar have been paid; or.
Fourth. A person able to read any section of this Constitution sub-
mitted to liim by the officers of registration and to give a reasonable
explanation of the same; or, if unable to read such section, able to
understand and give a reasonable explanation thereof when read to
him by the officers.
A roll containing the names of all persons thus registered, sworn
to and certified by the officers of registration, shall be filed, for record
and preservation, in the clerk's office of the circuit court of the
county, or the clerk's office of the corporation court of the city, as
the case may be. Persons thus enrolled shall not be required to
register again, unless they shall have ceased to be residents of the
State, or become disqualified by section Twenty-three. Any person
denied registration under this section shall have the right of appeal
to the circuit court of his county, or the corporation court of liis city,
or to the judge thereof in vacation.
Sec. 20. After the first day of January, nineteen hundred and four,
every male citizen of the United States, having the qualifications of
age and residence required in section Eighteen, shall be entitled to
register, provided:
First. That he has personally paid to the proper officer all state poll
taxes assessed or assessable against him, under this or the former Con-
stitution, for the three years next preceding that in which he offers
to register; or, if he come of a^e at such time that no poll tax shall
have been assessable against him for the year preceding the year in
which he offers to register, has paid one dollar and fiftv cents, in
satisfaction of the first year's poll tax assessable against him; and.
Second. That, unless physically unable, he make application to reg-
ister in his own handwriting, without aid, suggestion, or memoran-
dum, in the presence of the registration officers, stating therein his
name, a^e, date and place of birth, residence and occupation at the
time and for the two years next preceding, and whether he has pre-
viously voted, and, if so, the state, county, and precinct in which he
voted last; and.
Third. That he answer on oath any and all questions affecting his
qualifications as an elector, submitted to him by the officers of regis-
tration, which questions, and his answers thereto, shall be reduced to
writing, certified by the said officers, and preserved as a part of their
official records.
3908 Virginia— 1902
Sec. 21. Any person registered nnder either of the last two sec-
tions, shall have the right to vote for members of the General Assem-
bly and all officers elective by the people, subject to the following
conditions :
That he, unless exempted by section Twenty-two, shall, as a pre-
requisite to the right to vote after the first day of January, nineteen
hundred and four, personall}^ pay, at least six months prior to the
election, all state poll taxes assessed or assessable against him, under
this Constitution, during the three years next preceding that in which
he offers to vote; provided that, if he register after the first day of
January, nineteen hundred and four, he shall, unless physically una-
ble, prepare and deposit his ballot without aid, on such printed form
as the law may prescribe; but any voter registered prior to that date
may be aided in the preparation of his ballot by such officer of elec-
tion as he himself may designate.
Sec. 22. No person who, dui'ing the late war between the States,
served in the army or navy of the United States, or the Confederate
States, or any state of the United States, or of the Confederate States,
shall at any time be required to pay a poll tax as a prerequisite to the
right to register or vote. The collection of the state poll tax assessed
against any one shall not be enforced by legal process until the same
has become three years j)ast due.
Sec. 28. The following persons shall be excluded from registering
and voting: Idiots, insane persons, and paupers; persons who, prior
to the adoption of this Constitution, were disqualified from voting,
by conviction of crime, either within or without this State, and whose
disabilities shall not have been removed ; persons convicted after the
adoption of this Constitution, either within or without this State, of
treason, or of any felony, bribery, petit larceny, obtaining money or
property under false pretences, embezzlement, forgery, or perjury;
persons, who, Avhile citizens of this State, after the adoption of this
Constitution, have fought a duel with a deadly weapon, or sent or
accei)ted a challenge to fight such duel, either within or without this
State, or knowingly conveyed a challenge, or aided or assisted in any
way in the fighting of such duel.
Sec. 24. No officer, soldier, seaman, or marine of the United States
army or navy shall be deemed to have gained a residence as to the
right of suffrage, in the State, or in any county,, city or town thereof,
by reason of being stationed therein; nor shall an inmate of any
charitable institution or a student in any institution of learning, be
regarded as having either gained or lost a residence, as to the right of
suffrage, by reason of his location or sojourn in such institution.
Sec. 25. The General Assembly shall provide for the annual regis-
tration of voters under section Twenty, for an appeal bv any person
denied registration for the correction of illegal or fraudulent regis-
tration, thereunder, and also for the proper transfer of all voters
registered under this Constitution.
Sec. 2C. Any j^erson who, in respect to ag'e or residence, would be
qualified to vote at the next election, shall be admitted to registration,
notwithstanding that at the time thereof he is not so qualified, and
shall be entitled to vote at said election if then qualified under the
provisions of this Constitution.
Virginia— 1902 3909
Sec. 27. All elections by the people shall be by ballot ; all elections
by any representative body shall be viva voce, and the vote recorded
in the journal thereof.
The ballot-box shall be kept in public view during all elections, and
shall not be opened, nor the ballots canvassed or counted, in secret.
So far as consistent with the provisions of this Constitution, the
absolute secrecy of the ballot shall be maintained.
Sec. 28. The General Assembly shall provide for ballots without
any distinguishing mark or symbol, for use in all state, county, city,
and other elections by the people, and the form thereof shall be the
same in all places where any such election is held. All ballots shall
contain the names of the candidates, and of the offices to be filled, in
clear print and in due and orderly succession; but any voter may
erase any name and insert another.
Sec. 29. No voter, during the time of holding any election at which
he is entitled to vote, shall be compelled to perform military service,
except in time of war or public danger ; to attend any court as suitor,
juror, or witness; and no voter shall be subject to arrest under any
civil process during his attendance at election or in going to or
returning therefrom.
Sec. 30. The General Assemblj^ may prescribe a property qualifica-
tion not exceeding two hundred and fifty dollars for voters in any
county or subdivision thereof, or city or town, as a prerequisite for
voting in any election for officers, other than the members of the
General Assembly, to be wholly elected by the voters of such county
or subdivision thereof, or city, or town; such action, if taken, to be
had upon the initiative of a representative in the General Assembly
of the county, city or town affected : provided, that the General As-
sembly in its discretion may make such exemptions from the opera-
tion of said property qualification as shall not be in conflict with the
Constitution of the United States.
Sec. 31. There shall be in each county and city an electoral board,
composed of three members, appointed by the circuit court of the
county or the corporation court of the city, or the judge of the court
in vacation. Of those first appointed, one shall be appointed for a
term of one year, one for a term of two years, and one for a term of
three years; and thereafter their successors shall be appointed for
the full term of three years. Any vacancy occurring in any board
shall be filled by the same authority for the unexpired term.
Each electoral board shall appoint the judges, clerks, and registrars
of election for its county or city; and, in appointing judges of elec-
tion, representation as far as possible shall be given to each of the
two political parties which, at the general election next preceding
their appointment, cast the highest and next highest number of votes.
No person, nor the deputy of any person, holding any office or post
of profit or emolument, under the United States Government, or who
is in the employment of such government, or holding any elective
office of profit or trust in the State, or in any county, city, or town
thereof, shall be appointed a member of the electoral board, or regis-
trar, or judge of election.
Sec. 32. Every person qualified to vote shall be eligible to any
office of the State, or of any county, city, town, or other subdivision
7535— VOL 7—09 9
3910 Virginia— 1902
of the State, wherein he resides, except as otherwise provided in this
Constitution, and except that this provision as to residence shall not
apply to any office elective by the people where the law provides
otherwise. Men and women eighteen years of age shall be eligible to
the office of notary public, and qualified to execute the bonds required
of them in that capacity.
Sec. 33. The terms of all officers elected under this Constitution
shall begin on the first day of February next succeeding their election,
unless otherwise provided in this Constitution. All officers, elected
or appointed, shall continue to discharge the duties of their offices
after their terms of service have expired until their successors have
qualified.
Sec. 34. Members of the General Assembly and all officers, execu-
tive and judicial, elected or apj)ointed after this Constitution goes
into effect, shall, before they enter on the performance of their public
duties, severally take and subscribe the following oath or affirmation :
" I do solemnly swear (or affirm) that I will support the Constitu-
tion of the United States, and the Constitution of the State of Vir-
ginia ordained by the Convention which assembled in the city of
Richmond on the twelfth day of June, nineteen hundred and one, and
that I will faithfully and impartially discharge and perform all the
duties incumbent on me as , according to the best of my ability ;
so help me God."
Sec. 35. No person shall vote at any legalized primary election for
the nomination of any candidate for office unless he is at the time
registered and qualified to vote at the next succeeding election.
Sec. 36. The General Assembly shall enact such laws as are neces-
sary and proper for the purpose of securing the regularity and purity
of general, local and primary elections, and preventing and punishing
any corrupt practices in connection therewith ; and shall have power,
in addition to other penalties and punishments now or hereafter pre-
scribed by law for such offences, to provide that persons convicted of
them shall thereafter be disqualified from voting or holding office.
Sec. 37. The General Assembly may provide for the use, through-
out the State or in any one or more counties, cities, or towns in any
election, of machines for receiving, recording, and counting the votes
cast thereat : provided, that the secrecy of the voting be not thereby
impaired.
Sec. 38. After the first day of January, nineteen hundred and four,
the treasurer of each county and city shall, at least five months before
each regular election, file with the clerk of the circuit court of his
county, or of the corporation court of his city, a list of all persons in
his county or city, who have paid not later than six months prior to
such election, the state poll taxes required by this Constitution during
the three years next preceding that in which such election is held;
which list shall be arranged alphabetically, by magisterial districts or
w'ards, shall state the white and colored persons separately, and shall
be verified by the oath of the treasurer. The clerk, within ten days
from the receipt of the list, shall make and certify a sufficient number
of copies thereof, and shall deliver one copy for each voting place in
his county or city, to the sheriff of the county or sergeant of the city,
whose duty it shall be to post one copy, without delay, at each of the
voting places, and, within ten days from the receipt thereof, to make
Virginia— 1902 3911
return on oath to the clerk, as to the places where and dates at which
said coiDies were respectively posted; which return the clerk shall
record in a book kept in his office for the purpose ; and he shall keep
in his office for public inspection, for at least sixty days after receiv-
ing the list, not less than ten certified copies thereof, and also cause
the list to be published in such other manner as may be prescribed by
law ; the original list returned by the treasurer shall be filed and pre-
served by the clerk among the public records of his office for at least
five years after receiving the same. Within thirty days after the list
has been so posted, any person who shall have paid his capitation tax,
but whose name is omitted from the certified list, may, after five days'
written notice to the treasurer, apply to the circuit court of his
county, or corporation court of his city, or to the judge thereof in
vacation, to have the same corrected and his name entered thereon,
which application the court or judge shall promptly hear and decide.
The clerk shall deliver, or cause to be delivered, Avith the poll-
books, at a reasonable time before every election, to one of the judges
of election of each precinct of his county or city, a like certified copy
of the list, which shall be conclusive evidence of the facts therein
stated for the purpose of voting. The clerk shall also, within sixty
days after the filing of the list by the treasurer, forward a certified
copy thereof, with such corrections as may have been made by order
of the court or judge, to the Auditor of Public Accounts, who shall
charge the amount of the poll taxes stated therein to such treasurer
unless previously accounted for.
Further evidence of the prepayment of the capitation taxes re-
quired by this Constitution, as a prerequisite to the right to register
and vote, may be prescribed by law.
Article III
DIVISION OF POWERS
Sec. 39. Except as hereinafter provided, the legislative, executive,
and judiciary departments shall be separate and distinct, so that
neither exercise the powers properly belonging to either of the others,
nor any person exercise the power of more than one of them at the
same time.
Article IV
LEGISLATIVE DEPARTMENT
Sec. 40. The legislative power of the State shall be vested in a
General Assembly, which shall consist of a Senate and House of
Delegates.
Sec. 41. The Senate shall consist of not more than forty and not
less than thirty-three members, who shall be elected quadrennially
by the voters of the several senatorial districts, on the Tuesday suc-
ceeding the first Monday in November.
Sec. 42. The House of Delegates shall consist of not more than
one hundred and not less than ninety members, who shall be elected
biennially by the voters of the several house districts, on the Tuesday
succeeding the first Monday in November,
3912 Virginia— 190^
Sec. 43. The apportionment of the State into senatorial and house
districts, made by the acts of the General Assembly, approved April
the second, nineteen hundred and two, is hereby adopted ; but a re-
apportionment may be made in the year nineteen hundred and six,
and shall be made in the year nineteen hundred and twelve, and every
tenth year thereafter.
Sec. 44. Any person may be elected senator who, at the time of
election, is actually a resident of the senatorial district and qualified
to vote for members of the General Assembly ; and any person may
be elected a member of the House of Delegates who, at the time of
election, is actually a resident of the house district and qualified to
vote for members of the General Assembly. But no person holding a
salaried office under the state government, and no judge of any court,
attorney for the Commonwealth, sheritf, sergeant, treasurer, assessor
of taxes, commissioner of the revenue, collector of taxes, or clerk of
an}^ court, shall be a member of either house of the General Assembly
during his continuance in office, and the election of any such person
to either house of the (xeneral Assembly, and his qualification as a
member thereof, shall vacate any such office held by him; and no
person holding any office or post of profit or emolument under the
United States Government or who is in the employment of such gov-
ernment, shall be eligible to either house. The removal of a senator
or delegate from the district for which he is elected, shall vacate his
office.
Sec. 45. The members of the General Assembly shall receive for
their services a salary to be fixed by law and paid from the public
treasury; but no act increasing such salary shall take eflfect until
after the end of the term for which the members voting thereon were
elected; and no member during the term for which he shall have
been elected, shall be a])pointed or elected to any civil office of profit
in the State except offices filled by election by the people.
Sec. 46. The General Assembly shall meet once in two years on the
second Wednesday in January next succeeding the election of the
members of the House of Delegates and not oftener unless convened
in the manner prescribed by this Constitution. No session of the
General Assembly, after the first under this Constitution, shall con-
tinue longer than sixt}' days; but with the concurrence of three-
fifths of the members elected to each house, the session may be ex-
tended for a period not exceeding thirty days. Except for the first
session held under this Constitution, members shall be allowed a sal-
ary for not exceeding sixty days at any regular session, and for not
exceeding thirty days at any extra session. Neither house shall,
without the consent of the other, adjourn to another place nor for
more than three days. A majority of the members elected to each
house shall constitute a quorum to do business, but a smaller number
may adjourn from day to day, and shall have power to compel the
attendance of members in such manner and under such penalty as
each house may prescribe.
Sec. 47. The House of Delegates shall choose its own speaker ; and,
in the absence of the Lieutenant-Governor, or when he shall exercise
the office of Governor, the Senate shall choose from their own body
a president />r(9 tem/pore. Each house shall select its officers, settle
its rules of i^rocedure, and direct writs of election for supplying
Virginia— 190^ 3913
vacancies which may occur during the session of the General Assem-
bly; but, if vacancies occur during the recess, such writs may be
issued by the Governor, under such regulations as may be prescribed
by law. Each house shall judge of the election, qualification, and
returns of its members; may punish them for disorderly behavior,
and, with the concurrence of two-thirds, expel a member.
Sec. 48. Members of the General Assembly shall, in all cases,
except treason, felony, or breach of the peace, be privileged from
arrest during the sessions of their respective houses; and for any
speech or debate in either house shall not be questioned in any other
place. They shall not be subject to arrest, under any civil process,
during the sessions of the General Assembly, or the fifteen days next
before the beginning or after the ending of any session.
Sec. 49. Each house shall keep a journal of its proceedings, which
shall be published from time to time, and the yeas and nays of the
members of either house on any question shall, at the desire of one-
fifth of those present, be entered on the journal.
Sec. 50. No law shall be enacted except by bill. A bill may origi-
nate in either house, to be approved or rejected by the other, or may
be amended by either, with the concurrence of the other.
No bill shall become a law unless, prior to its passage, it has been,
(a) Eef erred to a committee of each house, considered by such com-
mittee in session, and reported;
(h) Printed by the house, in which it originated, prior to its pas-
sage therein;
{(') Read at length on three different calendar days in each house;
and unless,
(^) A yea and nay vote has been taken in each house upon its final
passage, the names of the members voting for and against entered on
the journal, and a majority of those voting, which shall include at
least tw^o-fifths of the members elected to each house, recorded in the
affirmative.
And only in the manner required in subdivision (d) of this section
shall an amendment to a bill by one house be concurred in hj the
other, or a conference report be adopted by either house, or either
house discharge a committee from the consideration of a bill and con-
sider the same as if reported ; provided that the printing and reading,
or either, required in subdivisions (b) and (c) of this section, may be
dispensed with in a bill to codify the laws of the State, and in any
case of emergency by a vote of four-fifths of the members voting in
each house taken by the yeas and nays, the names of the members vot-
ing for and against, entered on the journal; and provided further,
that no bill which creates, or establishes a new office, or which creates,
continues, or revives a debt or charge, or makes, continues or revives
any appropriation of public or trust money, or property, or releases,
discharges or commutes any claim or demand of the State, or which
imposes, continues or revives a tax, shall be passed except by the
affirmative vote of a majority of all the members elected to each
house, the vote to be by the yeas and nays, and the names of the mem-
bers voting for and against, entered on the journal. Every law im-
posing, continuing or reviving a tax shall specifically state such tax
and no law shall be construed as so stating such tax, which requires
a reference to any other law or any other tax. The presiding officer
3914 Virginia— 1902
of each house shall, in the presence of the house over which he pre-
sides, sign every bill that has been passed by both houses and duly
enrolled. Immediately before this is done, all other business being
susj)ended, the title of the bill shall be j)ublicly read. The fact of
signing shall be entered on the journal.
Sec. 51. There shall be a joint committee of the General Assembly,
consisting of seven members api^ointed b}^ the House of Delegates,
and five members appointed by the Senate, which shall be a standing
committee on si^ecial, private, and local legislation. Before refer-
ence to a committee, as provided by section Fifty, any special,
private, or local bill introduced in either house shall be referred to
and considered by such joint committee and returned to the house in
which it originated with a statement in writing whether the object
of the bill can be accomplished under general law or by court proceed-
ing; whereupon, the bill, with the accompanying statement, shall
take the course provided by section Fifty. The joint committee may
be discharged from the consideration of a bill by the house in which
it originated in the manner provided in section Fifty for the dis-
charge of other committees.
Sec. 52. No law shall embrace more than one object, which shall
be expressed in its title; nor shall any law be revived or amended
with reference to its title, but the act revived or the section amended
shall be re-enacted and f)ublished at length.
Sec. 53. Xo law, except a general appropriation law, shall take
effect until at least ninety days after the adjournment of the session
of the General Assembly at which it is enacted, unless in case of an
emergency (which emero;ency shall be expressed in the body of the
bill), the General Assenibly shall otherwise direct by a vote of four-
fifths of the members voting in each house, such vote to be taken by
the yeas and nays, and the names of the members voting for and
against entered on the journal.
Sec. 54. The Governor, Lieutenant-Governor, Attorney-General,
judges, members of the State Corporation Commission, and execu-
tive officers at the seat of government, and all officers appointed by
the Governor or elected by the General Assembly, offending against
the State by malfeasance in office, corruption, neglect of duty, or
other high crime or misdemeanor, may be impeached by the House
of Delegates, and prosecuted before the Senate, which shall have the
sole poAver to try impeachment. When sitting for that purpose, the
senators shall be on oath or affirmation, and no person shall be con-
victed without the concurrence of two-thirds of the senators present.
Judgment in case of impeachment shall not extend further than re-
moval from office and disqualification to hold and enjoy anj?^ office of
honor, trust, or profit under the State ; but the person convicted shall
nevertheless be subject to indictment, trial, judgment, and punish-
ment according to law. The Senate may sit during the recess of the
General Assembly for the trial of impeachments.
Sec. 55. The General Assembly shall by law apportion the State
into districts, corresponding with the number of re]3resentatives to
which it may be entitled in the House of Representatives of the Con-
gress of the United States ; which districts shall be composed of con-
tiguous and compact territory containing, as nearly as practicable, an
equal number of inhabitants.
Virginia— 1902 3915
Sec. 56. The manner of conducting and making returns of elec-
tions, of determining contested elections, and of filling vacancies in
office, in cases not specially provided for by this Constitution, shall be
prescribed by law, and the General Assembly may declare the cases
in which any office shall be deemed vacant where no provision is made
for that purpose in this Constitution.
Sec. 57. The General Assembly shall have power, by a two-thirds
vote, to remove disabilities incurred under section Twenty-three, of
Article Two, of this Constitution, with reference to duelling.
Sec. 58. The privilege of the writ of habeas corpus shall not be
suspended unless when in cases of invasion or rebellion, the public
safety may require. The General Assembly shall not pass any bill
of attainder, or any ex post facto law, or any law impairing the obli-
gation of contracts, or any law abridging the freedom of speech or of
the press. It shall not enact any law whereby private property shall
be taken or damaged for public uses, without just compensation. No
man shall be compelled to frequent or support any religious worship,
place, or ministry whatsoever, nor shall be enforced, restrained,
molested, or burthened in his body or goods, nor shall otherwise suffer
on account of his religious opinions or belief; but all men shall be
free to profess, and by argument to maintain, their opinions in mat-
ters of religion, and the same shall in no wise diminish, enlarge, or
affect their civil capacities. And the General Assembly shall not pre-
scribe any religious test whatever, or confer any peculiar privileges or
advantages on any sect or denomination, or pass any law requiring or
authorizing any religious society, or the people of any district within
this State, to levy on themselves or others- any tax for the erection or
repair of any house of public worship, or for the support of any
church or ministry ; but it shall be left free to every person to select
his religious instructor, and to make for his support such private con-
tract as he shall please.
Sec. 59. The General Assembly shall not grant a charter of incor-
poration to any church or religious denomination, but may secure the
title to church property to an extent to be limited by law.
Sec. 60. No lottery shall hereafter be authorized by law; and the
buying, selling, or transferring of tickets or chances in any lottery
shall be prohibited.
Sec. 61. No new county shall be formed with an area of less than
six hundred square miles; nor shall the county or counties from which
it is formed be reduced below that area; nor shall any county be
reduced in population below eight thousand. But any county, the
length of which is three times its mean breadth, or which exceeds
fifty miles in length, may be divided at the discretion of the General
Assembly.
Sec. 62. The General Assembly shall have full power to enact local
option or dispensary laws, or any other laws controlling, regulating,
or prohibiting the manufacture or sale of intoxicating liquors.
Sec. 63. The General Assembly shall confer on the courts power to
grant divorces, change the names of persons, and direct the sale of
estates belonging to infants and other persons under legal disabilities,
and shall not, by special legislation, grant relief in these or other
cases of which the courts or other tribunals may have jurisdiction.
The General Assembly may regulate the exercise by courts of the
3916 Virginia— 1902
right to punish for contempt. The General Assembly shall not
enact local, special, or private law in the following cases :
1. For the punishment of crime.
2. Providing a change of venue in civil or criminal cases.
3. Regulating the practice in, or the jurisdiction of, or changing
the rules of evidence in any judicial proceedings or inquiry before,
the courts or other tribunals, or providing or changing the methods
of collecting debts or enforcing judgments, or prescribing the eJffect
of judicial sales of real estate.
4. Changing or locating county seats.
5. For the assessment and collection of taxes, except as to animals
which the General Assembly may deem dangerous to the farming
interests.
6. Extending the time for the assessment or collection of taxes.
7. Exempting property from taxation.
8. Remitting, releasing, j)ostponing, or diminishing any obligation
or liability of any person, corporation, or association, to the State or
to any political subdivision thereof.
9. Refunding money lawfully paid into the treasury of the State
or the treasury of any political subdivision thereof.
10. Granting from the treasury of the State, or granting or author-
izing to be granted from the treasury of any political subdivision
thereof, any extra compensation to any public officer, servant, agent,
or contractor.
11. For conducting elections or designating the places of voting.
12. Regulating labor, trade, mining or manufacturing, or the rate
of interest on money.
13. Granting any pension or pensions.
14. Creating, increasing, or decreasing, or authorizing to be cre-
ated, increased, or decreased, the salaries, fees, percentages, or allow-
ances of public officers during the term for which they are elected or
appointed.
15. Declaring streams navigable, or authorizing the construction of
booms or dams therein, or the removal of obstructions therefrom.
16. Affecting or regulating fencing or the boundaries of land, or
the running at large of stock.
17. Creating private corporations, or amending, renewing, or ex-
tending the charters thereof.
18. Granting to any private corporation, association, or individual
any special or exclusive right, privilege or immunity.
19. Naming or changing the name of any private corporation or
association.
20. Remitting the forfeiture of the charter of any private corpora-
tion except upon the conditions that such corporation shall thereafter
hold its charter subject to the provisions of this Constitution and the
laws passed in pursuance thereof.
Sec. 64. In all the cases enumerated in the last section, and in every
other case which, in its judgment, may be provided for by general
laws, the General Assembly shall enact general laws. Any general
law shall be subject to amendment or repeal, but the amendment or
partial repeal thereof shall not operate directly or indirectly to enact,
and shall not have the effect of the enactment of a special, private, or
local law.
Virginia— 190^ 3917
No general or special law shall surrender or suspend the right and
power of the State, or any political subdivision thereof, to tax cor-
porations and corporate property, except as authorized by Article
Thirteen. No private corporation, asssociation, or individual shall
be specially exempted from the operation of any general law, nor
shall its operation be suspended for the benefit of any private cor-
poration, association, or individual.
Sec. 65. The General Assembly may, by general laws, confer upon
the boards of supervisors of counties, and the councils of cities and
towns, such powers of local and special legislation, as it may from
time to time deem expedient, not inconsistent with the limitations
contained in this Constitution.
Sec. 66. The Clerk of the House of Delegates shall be Keeper of
the Rolls of the State but shall receive no compensation from the
State for his services as such.
The General Assembly by general law shall prescribe the number
of employees of the Senate and House of Delegates, including the
clerks thereof, and fix their compensation at a per diem for the time
actually employed in the discharge of their duties.
Sec. 67. The General Assembly shall not make any appropriation
of public funds, of j^ersonal property, or of any real estate, to any
church, or sectarian society, association, or institution of any kind
whatever, which is entirely or partly, directly or indirectly, con-
trolled by any church or sectarian society; nor shall the General
Assembly make any like appropriation to any charitable institution,
which is not owned or controlled by the State ; except that it may, in
its discretion, make appropriations to non-sectarian institutions for
the reform of youthful criminals; but nothing herein contained shall
prohibit the General Assembly from authorizing counties, cities, or
towns to make such appropriations to any charitable institution or
association.
Sec. 68. The General Assembly shall, at each regular session, ap-
point a standing committee, consisting of two members of the Senate
and three members of the House of Delegates, which shall be known
as the Auditing Committee. Such committee shall annually, or
oftener in its discretion, examine the books and accounts of the First
Auditor, the State Treasurer, the Secretary of the Commonwealth,
and other executive officers at the seat of government whose duties
pertain to auditing or accounting for the state revenue, report the
result of its investigations to the Governor, and cause the same to
be published in two newspapers of general circulation in the State.
The Governor shall, at the beginning of each session, submit said re-
ports to the General Assembly for appropriate action. The commit-
tee may sit during the recess of the General Assembly, receive such
compensation as may be prescribed by law, and employ one or more
accountants to assist in its investigations.
Article V
executive department
Sec, 69. The chief executive power of the State shall be vested in
a Governor. He shall hold office for a term of four years, to com-
mence on the first day of February next succeeding his election, and
3918 Virginia— woe
be ineligible to the same office for the term next succeeding that for
which he was elected, and to any other office during his term of
service.
Sec. 70. The Governor shall be elected by the qualified voters of
the State at the time and place of choosing members of the General
Assembly. Returns of the election shall be transmitted, under seal,
by the proper officers, to the Secretary of the Commonwealth, who
shall deliver them to the Speaker of the House of Delegates on the
first day of the next session of the General Assembly. The Speaker
of the House of Delegates shall, within one week thereafter, in the
presence of a majority of the Senate and of the House of Delegates,
open the returns, and the votes shall then be counted. The person
having the highest number of votes shall be declared elected ; but if
two or more shall have the highest and an equal number of votes,
one of them shall be chosen Governor by the joint vote of the two
houses of the General Assembly. Contested elections for (xovernor
shall be decided by a like vote, and the mode of proceeding in such
cases shall be prescribed by law.
Sec. 71. No person except a citizen of the United States shall be
eligible to the office of Governor; and if such person be of foreign
birth, he must have been a citizen of the United States for ten years
next preceding his election; nor shall any person be eligible to that
office unless he shall have attained the age of thirty years, and have
been a resident of the State for five years next preceding his election.
Sec. 72. The Governor shall reside at the seat of government ;
shall receive five thousand dollars for each year of his services, and
Avhile in office shall receive no other emolument from this or any
other government.
Sec. 73. The Governor shall take care that the laws be faithfully
executed; communicate to the General Assembly, at every session,
the condition of the State; recommend to its consideration such
measures as he may deem expedient, and convene the General Assem-
bly on application of two-thirds of the members of both houses
thereof, or when, in his opinion, the interest of the State may require.
He shall be commander-in-chief of the land and naval forces of the
State; have power to embody the militia to repel invasion, suppress
insurrection and enforce the execution of the laws; conduct, either
in person or in such manner as shall be prescribed by law, all inter-
course with other and foreign states; and, during the recess of the
General Assembly, shall have power to suspend from office for mis-
behavior, incapacity, neglect of official duty, or acts performed with-
out due authority of law, all executive officers at the seat of govern-
ment except the Lieutenant-Governor ; but, in any case in which this
power is so exercised, the Governor shall report to the General As-
sembly, at the beginning of the next session thereof, the fact of such
suspension and the cause thereof, whereupon the General Assembly
shall determine whether such officer shall be restored or finally re-
moved ; and the Governor shall have power, during the recess of the
General Assembly, to appoint, pro tempore, successors to all officers so
suspended, and to fill, pro tempore, vacancies in all offices of the State
for the filling of which the Constitution and laws make no other pro-
Adsion; but his appointments to such vacancies shall be by commis-
sions to expire at the end of thirty days after the commencement of
the next session of the General Assembly. He shall have power to
Virginia— 1902 3919
remit fines and penalties in such cases, and under such rules and regu-
lations, as may be prescribed by law, and except when the prosecution
has been carried on by the House of Delegates, to grant reprieves and
pardons after conviction; to remove political disabilities consequent
upon conviction for offences committed prior or subsequent to the
adoption of this Constitution, and to commute capital punishment ;
but he shall communicate to the (leneral Assembly, at each session,
particulars of every case of fine or penalty remitted, of reprieve or
pardon granted, and of punishment commuted, with his reasons for
remitting, granting, or commuting the same.
Sec. 74. The Governor may require information in writing, under
oath, from the officers of the executive department and superintend-
ents of state institutions upon any subject relating to the duties of
their respective offices and institutions; and he may inspect at any
time their official books, accounts and vouchers, and ascertain the
condition of the public funds in their charge, and in that connection
may employ accountants. He may require the oi^inion in writing of
the Attorney-General upon any question of law affecting the official
duties of the Governor.
Sec. 75. Commissions and grants shall run in the name of Com-
monwealth of Virginia, and be attested by the Governor, with the
seal of the Commonwealth annexed.
Sec. 76. Every bill, wdiich shall have passed the Senate and House
of Delegates, shall, before it becomes a law, be presented to the Gov-
ernor. If he approve, he shall sign it ; but, if not, he may return it
with his objections to the house in which it originated, which shall
enter the objections at large on its journal and proceed to reconsider
the same. If, after such consideration, two-thirds of the members
present, which two-thirds shall include a majority of the members
elected to that house, shall agree to pass the bill it shall be sent,
together with the objections, to the other house, by which it shall like-
wise be reconsidered, and if approved by two-thirds of all the mem-
bers present, which two-thirds shall include a majority of the mem-
bers elected to that house, it shall become a law, notwithstanding the
objections. The Governor shall have the power to veto any particu-
lar item or items of an appropriation bill, but the veto shall not
affect the item or items to which he does not object. The item or
items objected to shall not take effect except in the manner heretofore
provided in this section as to bills returned to the General Assembly
without his approval. If he approve the general purpose of any bill,
but disapprove any part or parts thereof, he may return it, with
recommendations for its amendment, to the house in which it origi-
nated, whereupon the same proceedings shall be had in both houses
upon the bill and his recommendations in relation to its amendment,
as is above provided in relation to a bill which he shall have returned
without his approval, and wnth his objections threto; provided, that
if after such reconsideration, both houses, by a vote of a majority of
the members present in each, shall agree to amend the bill in accord-
ance with his recommendations in relation thereto, or either house
by such vote shall fail or refuse to so amend it, then, and in either
case the bill shall be again sent to him, and he may act upon it as if
it were then before him for the first time. But in all the cases above
set forth the votes of both houses shall be determined by ayes and
3920 Virginia— 1902
noes, and the names of the members voting for and against the bill,
or item or items of an approj^riation bill, shall be entered on the
journal of each house. If any bill shall not be returned by the Gov-
ernor within five days (Sunday excepted) after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the General Assembly shall, by final adjournment,
prevent such return ; in Avhich case it shall be a law if approved by
the Governor in the manner and to the extent above provided, within
ten days after such adjournment, but not otherwise.
Sec. 77. A Lieutenant-Governor shall be elected at the same time
and for the same term as the Governor, and his qualifications and the
manner and ascertainment of his election, in all respects, shall be the
same.
Sec. 78. In case of the removal of the Governor from office, or of
his death, failure to qualify, resignation, removal from the State, or
inability to discharge the powers and duties of the office, the said
office, with its compensation, shall devolve upon the Lieutenant-
Governor; and the General Assembly shall provide by law for the
discharge of the executive functions in other necessary cases.
Sec. 79. The Lieutenant-Governor shall be president of the Senate,
but shall have no vote except in case of an equal division ; and while
acting as such, shall receive a compensation equal to that allowed to
the Speaker of the House of Delegates.
Sec. 80. A Secretary of the Commonwealth shall be elected by the
qualified voters of the State at the same time and for the same term
as the Governor; and the fact of his election shall be ascertained
as in the case of the Governor. He shall keep a daily record of the
official acts of the Governor, which shall be signed by the Governor
and attested by the Secretary, and, when required, he shall lay the
same, and any papers, minutes and vouchers pertaining to his office,
before either house of the General Assembly. He shall discharge
such other duties as may be prescribed by law. All fees received by
the Secretary of the Commonwealth shall be paid into the t^^easury
monthly.
Sec. 81. A State Treasurer shall be elected by the qualified voters
of the State at the same time and for the same term as the Gov-
ernor; and the fact of his election shall be ascertained in the same
manner. His powers and duties shall be prescribed by law.
Sec. 82. An Auditor of Public Acocunts shall be elected by the
joint vote of the two houses of the General Assembly for the term of
four 3^ears. His powers and duties shall be prescribed by law.
Sec. 83. The salar}^ of each officer of the Executive Department,
except in those cases where the salary is determined by this Constitu-
tion, shall be fixed by law ; and the salary of no such officer shall be
increased or diminished during the term for which he shall have been
elected or appointed.
Sec. 84. The General Assembly shall provide by law for the estab-
lishment and maintenance of an efficient system of checks and bal-
ances between the officers at the seat of government entrusted with
the collection, receipt, custody, or disbursement of the revenues of the
State.
Sec. 85. All State officers, and their deputies, assistants or em-
ployees, charged with the collection, custody, handling, or disburse-
ment of public funds, shall be required to give bond for the faithful
Virginia— 1902 3921
performance of such duties; the amount of such bond in each case,
and the manner in which security shall be furnished, to be specified
and regulated by law.
Sec. 86. The General Assembly shall have power to establish and
maintain a Bureau of Labor and Statistics, under such regulations as
may be prescribed by law.
Article VI
JUDICIARY DEPARTMENT
Sec. 87. The Judiciary Department shall consist of a Supreme Court
of Appeals, circuit courts, city courts, and such other courts as are
hereinafter authorized. The jurisdiction of these tribunals and the
judges thereof, except so far as conferred by this Constitution, shall
be regulated by law.
Sec. 88. The Supreme Court of Appeals shall consist of five judges,
any three of whom may hold a court. It shall have original jurisdic-
tion in cases of habeas corpus, Tnaridamus, and prohibition ; but in all
other cases, in which it shall have jurisdiction, it shall have appellate
jurisdiction only.
Subject to such reasonable rules, as may be prescribed by law, as
to the course of appeal, the limitation as to time, the security
required, if any, the granting or refusing of appeals, and the pro-
cedure therein, it shall, by virtue of this Constitution, have appellate
jurisdiction in all cases involving the constitutionality of a law as
being repugnant to the Constitution of this State or of the United
States, or involving the life or liberty of any person ; and it shall also
have appellate jurisdiction in such other cases, within the limits here-
inafter defined, as may be prescribed by law; but no appeal shall be
allowed to the Commonwealth in any case involving the life or lib-
erty of a person, except that an appeal by the Commonwealth may be
allowed by laAv in any case involving the violation of a law relating
to the State revenue. No bond shall be required of any accused per-
son as a condition of appeal, but a supersedeas bond may be required
where the only punishment imposed in the court below is a fine.
The court shall not have jurisdiction in civil cases where the matter
in controversy, exclusive of costs and of interest accrued since the
judgment in the court below, is less in value or amount than three
hundred dollars, except in controversies concerning the title to, or
boundaries of land, the condemnation of property, the probate of a
will, the appointment or qualification of a personal representative,
guardian, committee, or curator, or concerning a mill, roadway, ferry,
or landing, or the right of the State, countj^, or municipal corpora-
tion, to levy tolls or taxes, or involving the construction of any stat-
ute, ordinance or county proceeding imposing taxes; and, except in
cases of habeas eorpi/s, mandatnus, and prohibition, the constitution-
ality of a law, or some other matter not merely pecuniary. After the
3^ear nineteen hundred and ten the General Assembly may change the
jurisdiction of the court in matters merely pecuniary. The assent of
at least three of the judges shall be required for the court to deter-
mine that any law is, or is not, repugnant to the Constitution of this
State or of the United States ; and if, in a case involving the constitu-
tionality of any such law, not more than two of the judges sitting
3922 Virginia— 1902
agree in opinion on the constitutional question involved, and the case
cannot be determined, without passing on such question, no decision
shall be rendered therein, but the case shall be reheard by a full court ;
and in no case where the jurisdiction of the court depends solely upon
the fact that the constitutionality of a law is involved, shall the court
decide the case upon its merits, unless the contention of the appellant
upon the constitutional question be sustained. Whenever the requi-
site majority of the judges sitting are unable to agree upon a deci-
sion, the case shall be reheard by a full bench, and any vacancy
caused by any one or more of the judges being unable, unwilling, or
disqualified to sit, shall be temporariW filled in a manner to be pre-
scribed by law.
Sec. 8!). The General Assembly may, from time to time, provide
for a Special Court of Appeals to try any cases on the docket of the
Supreme Court of Appeals in respect to which a majority of the
judges are so situated as to make it improper for them to sit; and
also to try any cases on said docket which cannot be disposed of with
convenient dispatch. The said special court shall be composed of
not less than three nor more than five of the judges of the circuit
courts and city courts of record in cities of the first class, or of the
judges of either of said courts, or of any of the judges of said courts
together with one or more of the judges of the Supreme Court of
Appeals.
Sec. 90. When a judgment or decree is reversed or affirmed by the
Supreme Court of Appeals the reasons therefor shall be stated in
writing and preserved with the record of the case.
Sec. 91. The judges of the Supreme Court of Appeals shall be
chosen by the joint vote of the two houses of the General Assembly.
They shall, when chosen, have held a judicial station in the United
States, or shall have practiced law in this or some other State for five
years. At the first election under this Constitution, the General
Assembly shall elect the judges for terms of four, six, eight, ten, and
twelve years, respectively; and thereafter they shall be elected for
terms of tMelve years.
Sec. 92. The officers of the Supreme Court of Appeals shall be
appointed by the court or by the judges in vacation. Their duties,
compensation, and tenure of office shall be prescribed by law.
Sec. 93. The Supreme Court of Appeals shall hold its sessions at
two or more places in the State, to be fixed by law.
Sec. 94. The State shall be divided into twenty-four judicial cir-
cuits, as follows :
The counties of Norfolk, Princess Anne, and the city of Ports-
mouth, shall constitute the first circuit.
The counties of Nansemond, Southampton, Isle of Wight, and the
city of Norfolk, shall constitute the second circuit.
The counties of Prince George, Surry, Sussex, Greenesville, and
BrunsAvick, shall constitute the third circuit.
The counties of Chesterfield, Powhatan, Dinwiddle, NottoAvay, and
Amelia, and the city of Petersburg, shall constitute the fourth circuit.
The counties of Prince Edward, Cumberland, Buckingham, Appo-
mattox, and Charlotte, shall constitute the fifth circuit.
The counties of Lunenburg, Mecklenburg, Halifax, CaniiDbell, and
the city of Lynchburg, shall constitute the sixth circuit.
Virginia— 1902 3923
The coimties of Pittsylvania, Franklin, Henry, and Patrick, and
the cit}^ of Danville, shall constitute the seventh circuit.
The counties of Amherst, Nelson, Albemarle, Fluvanna, and Gooch-
land, shall constitute the eighth circuit.
The counties of Rappahannock, Culpeper, Madison, Greene, Orange,
and Louisa, shall constitute the ninth circuit.
The county of Henrico and the city of Richmond, shall constitute
the tenth circuit.
The counties of Accomac, Northampton, Elizabeth City, and the
city of Newport News, shall constitute the eleventh circuit.
The counties of Richmond, Northumberland, Westmoreland, Lan-
caster, and Essex, shall constitute the twelfth circuit.
The counties of Gloucester, Mathews, King and Queen, King Wil-
liam, and Middlesex, shall constitute the thirteenth circuit.
The counties of New Kent, Charles City, York, Warwick, James
City, and the city of Williamsburg, shall constitute the fourteenth
circuit.
The counties of King George, Stafford, Spotsylvania, Caroline, and
Hanover, shall constitute the fifteenth circuit.
The counties of Fauquier, Loudoun, Prince William, Fairfax, and
Alexandria, and the city of Alexandria, shall constitute the sixteenth
circuit.
The counties of Frederick, Clarke, Warren, Shenandoah, and Page,
shall constitute the seventeenth circuit.
The counties of Rockingham, Augusta, and Rockbridge, shall con-
stitute the eighteenth circuit.
The comities of Highland, Bath, Alleghany, Craig, and Botetourt,
shall constitute the nineteenth circuit.
The counties of Bedford, Roanoke, Montgomery, and Floyd, and
the city of Roanoke, shall constitute the twentieth circuit.
The counties of Pulaski, Carroll, Wythe, and Grayson, shall con-
stitute the twenty-first circuit.
The counties of Bland, Tazewell, Giles, and Buchanan, shall con-
stitute the twenty-second circuit.
The counties of Washington, Russell, and Smyth, shall constitute
the twenty-third circuit.
The counties of Scott, Lee, Wise, and Dickenson, shall constitute
the twenty-fourth circuit.
Sec. 95. After the first day of January, nineteen hundred and six,
as the public interest requires, the General Assembly may rearrange
the said circuits and increase or diminish the number thereof. But
no new circuit shall be created containing, by the last United States
census or other census provided by law, less than forty thousand
inhabitants, nor when the effect of creating it will be to reduce the
number of inhabitants in any existing circuit below fort}'^ thousand
according to such census.
Sec. 96. For each circuit a judge shall be chosen by the joint vote
of the two houses of the General Assembly. He shall, when chosen,
possess the same qualifications as judges of the Supreme Court of
Appeals, and during his continuance in office shall reside in the cir-
cuit of which he is judge. At the first election under this Constitu-
tion, the General Assembly shall elect, as nearly as practicable, one-
fourth of the entire number of judges for terms of two years, one-
fourth for four years, one- fourth for six years, and the remaining
3924 Virginia— 1902
fourth for eight years, respectively; and thereafter they shall be
elected for terms of eight j^ears.
Sec, 97. The number of terms of the circuit courts to be held for
each county and city, shall be prescribed by law. But no separate
circuit court shall be held for any city of the second class, until the
city shall abolish its existing city court. The judge of one circuit
may be required or authorized to hold court in any other circuit or
city.
Sec. 98. For the purposes of a judicial system, the cities of the
State shall be divided into two classes. All cities shall belong to the
rirst class which contain, as shown by the last United States census
or other census provided by law, ten thousand inhabitants or more,
and all cities shall belong to the second class which contain, as thus
shown, less than ten thousand inhabitants. In each city of the first
class, there shall be, in addition to the circuit court, a corporation
court. In any city containing thirty thousand inhabitants or more,
the General Assembly may provide for such additional courts as the
public interest may require, and in every such city the city courts, as
they now exist, shall continue until otherwise provided by law. In
every city of the second class, the corporation or hustings court exist-
ing, at the time this Constitution goes into effect, shall continue here-
after under the name of the corporation court of such city ; but it may
be abolished by a vote of a majority of the qualified electors of such
city, at an election held for the purpose, and whenever the office of
judge of a corporation or hustings court of a city of the second class,
Avhose salary is less than eight hundred dollars, shall become and
remain vacant for ninety daj^s consecutively, such court shall thereby
cease to exist. In case of the abolition of the corporation or hustings
court of any city of the second class, such city shall thereupon come
in every respect within the jurisdiction of the circuit court of the
county wherein it is situated, until otherwise provided by law, and
the records of such corporation or hustings court shall thereupon
become a part of the records of such circuit court, and be transferred
thereto, and remain therein until otherwise provided by law; and
during the existence of the corporation of hustings court, the circuit
court of the county in which such city is situated, shall have
concurrent jurisdiction with said corporation or hustings court in all
actions at law and suits in equity.
Sec, 99, For each city court of record a judge shall be chosen by
the joint vote of the two houses of the General Assembly, He shall,
when chosen, possess the same qualifications as judges of the Supreme
Court of Appeals, and during his continuance in office shall reside
within the jurisdiction of the court over which he presides; but the
judge of the corporation court of any corporation having a city
charter, and less than five thousand inhabitants, may reside outside
its corporate limits; and the same person may be judge of such cor-
poration court and judge of the corporation court of some other city
having less than ten thousand inhabitants. At the first election of
said judges under this Constitution, the General Assembly shall elect,
as nearly as practicable, one-fourth of the entire number for terms of
two years, one-fourth for four years, one-fourth for six years, and
the remaining fourth for eight years; and thereafter they shall be
elected for terms of eight years. The judges of city courts in cities
Virginia— 1902 3925
of the first class may be required or authorized to hold the circuit
courts of any county and the circuit courts of any city.
Sec. 100. The General Assembly shall have power to establish such
court or courts of land registration as it may d-aem proper for the
administration of any law it may adopt for the purpose of the settle-
ment, registration, transfer, or assurance of titles to land in the State,
or any part thereof.
Sec. 101. The General Assembly shall have power to confer upon
the clerks of the several circuit courts jurisdiction, to be exercised in
the manner and under the regulations to be prescribed by law in the
matter of the admission of wills to probate, and of the appointment
and qualification of guardians, personal representatives, curators,
appraisers, and committees of the estates of persons who have been
adjudged insane or convicted of felony, and in the matter of the
substitution of trustees.
Sec. 102. All the judges shall be commissioned by the Governor.
They shall receive such salaries and allowances as may be determined
by law within the limitations fixed by this Constitution, the amount
of which shall not be increased or diminished during their terms
of office. Their terms of office shall commence on the first day of
February next following their election, and whenever a vacancy
occurs in the office of judge, his successor shall be elected for the
unexpired term.
Sec. 103. The salaries of the judges of the Supreme Court of Ap-
peals shall be not less than four thousand dollars per annum, and
shall be paid by the State.
The salary of the judge of each circuit court shall be not less than
two thousand dollars per annum, one-half of which shall be paid by
the State, the other half by the counties and cities composing the cir-
cuit, according to their respective population ; except that of the salary
of the judge of the circuit court of the city of Richmond, the State
shall pay the proportion which would otherwise fall to the city of
Richmond. The salary of a judge of a city court in a city of the first
class shall be not less than two thousand dollars per annum, one-half
of which shall be paid by the State, the other half by the city. The
whole of the aforesaid salaries of said judges shall be paid out of
the state treasury, the State to be reimbursed by the respective coun-
ties and cities. Any city may, by an ordinance, increase the salaries
of its city or circuit judges, or any one or more of them as it may
deem proper, and the increase shall be paid wholly by the city, but
shall not be enlarged or diminished during the term of office of the
judge. Each city containing less than ten thousand inhabitants shall
pay the salary of the judge of its corporation or hustings court.
Sec. 104. Judges may be removed from ofiice for cause, by a con-
current vote of both houses of the General Assembly; but a majority
of all the members elected to each house must concur in such vote, and
the cause of removal shall be entered on the journal of each house.
The judge against whom the General Assembly may be about to pro-
ceed shall have notice thereof, accompanied by a copy of the causes
alleged for his removal, at least twenty days before the day on which
either house of the General Assembly shall act thereon.
Sec. 105. No judge of the Supreme Court of Appeals, of the cir-
cuit court, or of any city court of record shall practice law, within or
7535— VOL 7—09 10
3926 Virginia— 1902
without this State, nor shall he hold any other office of public trust
during his continuance in office; except that the judge of a corpora-
tion or hustings court in a city of the second class, may hold the office
of commissioner in chancery of the circuit court for the county in
which the city is located.
Sec. 106. Writs shall run in the name of the " Commonwealth
of Virginia," and be attested by the clerks of the several courts.
Indictments shall conclude " against the peace and dignity of the
Commonwealth."
Sec. 107. An Attorney-General shall be elected by the qualified
voters of the State at the same time and for the same term as the
Governor; and the fact of his election shall be ascertained in the
same manner. He shall be commissioned by the Governor, perform
such duties and receive such compensation as may be prescribed by
law, and shall be removable in the manner prescribed for the removal
of judges.
Sec. 108. The General Assembly shall provide for the appoint-
ment or election and for the jurisdiction of such justices of the peace
as the public interest may require.
Sec. 100. The General Assembly shall provide by whom, and in
Avhat manner, applications for bail shall be heard and determined.
Article VII
ORGANIZATION AND GOVERNMENT OF COUNTIES
Sec. 110. There shall be elected by the qualified voters of each
county, one county treasurer, who shall not be elected or serve for
more than two consecutive terms, nor act as deputy of his immediate
successor; one sheriff, one attorney for the Commonwealth, and one
county clerk, who shall be the clerk of the circuit court. There shall
be elected or appointed, for four years, as the General Assembly
may provide, commissioners of the revenue, for each county, the num-
ber, duties and compensation of whom shall be prescribed by law;
but should such commissioners of the revenue be chosen by election
by the people then they shall be ineligible for re-election to the office
for the next succeeding term.
There shall be appointed, for each county, in such manner as may
be provided by law, one superintendent of the poor, and one county
surveyor.
Sec. 111. The magisterial districts shall, until changed by law,
remain as now constituted: provided, that hereafter no additional
districts shall be made containing less than thirty square miles. In
each district there shall be elected by the qualified voters thereof,
one supervisor. The supervisors of the districts shall constitute the
board of supervisors of the county, which shall meet at stated periods
and at other times as often as may be necessary, lay the county and
district levies, pass upon all claims against the county, subject to
such appeal as may be provided by law, and perform such duties
as may be required by law.
Sec. 112. All regular elections for county and district officers
shall be held on Tuesday after the first Monday in November, and all
of said officers shall enter upon the duties of their offices on the first
day of January next succeeding their election, and shall hold their
Virginia— 1902 3927
respective offices for the term of four years, except that the county-
clerk shall hold office for eight years; provided that the term of the
clerks first elected under this Constitution shall begin on the first
of February, nineteen hundred and four, and end on the first of
January, nineteen hundred and twelve.
Sec. \13. No person shall at the same time hold more than one of
the offices mentioned in this article. Any officer required by law to
give bond may be required to give additional security thereon, or to
execute a new bond, and in default of so doing his office shall be
declared vacant.
Sec. 114. Counties shall not be made responsible for the acts of
the sheriffs.
Sec. 115. The General Assembly shall provide for the examination
of the books, accounts and settlements of county and city officers
who are charged with the collection and disbursement of public funds.
Article VIII
ORGANIZATION AND (;()VERN:MENT OF CITIES AND TOWNS
Sec. 116. As used in this article the words '•'" incorporated com-
munities " shall be construed to relate only to cities and towns. XW
•incorporated communities, having within defined boundaries a popu-
lation of five thousand or more, shall be known as cities; and all
incorporated communities, having within defined boundaries a popu-
lation of less than five thousand, shall be known as towns. In deter-
mining the population of such cities and towns the General Assembly
shall be governed by the last United States census, or such other
enumeration as may be made by authority of the General Assembly;
but nothing in this section shall be construed to repeal the charter of
any incorporated community of less than five thousand inhabitants
having a city charter at the time of the adojDtion of this Constitu-
tion, or to prevent the abolition by such incorporated communities
of the corporation or hustings court thereof.
Sec. 117. General laws for the organization and government of
cities and towns shall be enacted by the General Assembly, and no
special act shall be passed in relation thereto, except in the manner
provided in Article Four of this Constitution, and then only by a
recorded vote of two-thirds of the members elected to each house.
But each of the cities and toAvns of the State having at the time of
the adoption of this Constitution a municipal charter may retain the
same, except so far as it shall be repealed or amended by the General
Assembly: provided, that every such charter is hereby amended so
as to conform to all the provisions, restrictions, limitations and
powers set forth in this article, or otherwise provided in this Con-
stitution.
Sec. 118. In each city which has a court in Avhose office deeds are
admitted to record, there shall be elected for a term of eight years by
the qualified voters of such city a clerk of said court, who shall per-
form such other duties as may be required by law.
There shall be elected in like manner and for a like term all such
additional clerks of courts for cities as the General Assembly ma,v
prescribe, or as are now authorized by laAv, so long as such courts shall
continue in existence. But in no city of less than thirty thousand
3928 Virginia— 1902
inhabitants shall there be more than one clerk of the court, who shall
be clerk of all the courts of record in such city.
Sec. 119. In every city, so long as it has a corporation court, or a
separate circuit court, there shall be elected for a term of four years
by the qualified voters of such city, one attorney for the Common-
wealth, who shall also, in those cities having a separate circuit court,
be the attorney for the Commonwealth, for such circuit court.
In every city there shall be elected, or appointed, for a term of four
years, in a manner to be provided by law, one commissioner of reve-
nue, whose duties and compensation shall be prescribed by law ; but
should he be elected by the people, he shall be ineligible for re-elec-
tion to the office for the next succeeding term.
Sec. 120. In every city there shall be elected by the qualified voters
thereof one city treasurer, for a term of four years, but he shall not
be eligible for more than two consecutive terms, nor act as deputy for
his immediate successor ; one city sergeant, for a term of four years,
whose duties shall be prescril)ed by law; and a mayor, for a term of
four years, who shall be the chief executive officer of such city. All
city and town officers, whose election or appointment is not provided
for by this Constitution, shall be elected by the electors of such cities
and towns, or of some division thereof, or appointed by such authori-
ties thereof as the General Assembly shall designate.
The mayor shall see that the duties of the various city officers,
members of the police and fire departments, whether elected or
appointed, in and for such city, are faithfully performed. He shall
have power to investigate their acts, have access to all books and docu-
ments in their offices, and may examine them and their subordinates
on oath. The evidence given by persons so examined shall not be
used against them in any criminal proceedings. He shall also have
power U) suspend such officers and the members of the police and fire
departments, and to remove such officers, and also such members of
said departments Avhen authorized by the General Assembly, for mis-
conduct in office or neglect of duty, to be specified in the order of sus-
pension or removal ; but no such removal shall be made without
reasonable notice to the officer complained of, and an opportunity
afforded him to be heard in person, or by counsel, and to present testi-
mony in his defense. From such order of suspension or removal, the
city officer so suspended or removed shall have an appeal of right to
the corporation court, or, if there be no such court, to the circuit court
of such city, in which court the case shall be heard de novo by the
judge thereof, whose decision shall be final. He shall haA^e all other
powers and duties which may be conferred and imposed upon him by
general laws.
Sec. 121. There shall be in every city a council, composed of two
branches having a different number of members, whose powers and
terms of office shall be prescribed by law, and whose members shall
be elected by the qualified voters of such city, in the manner pre-
scribed by law, but so as to give as far as practicable, to each ward
of such city, equal representation in each branch of said council in
proportion to the population of such ward ; but in cities of under ten
thousand population the General Assembly may permit the council
to consist of one branch. No member of the council shall be eligible
during his tenure of office as such member, or for one year thereafter,
to any office to be filled by the council by election or appointment.
Virginia— 190^ 3929
The council of every city may, in a manner prescribed by law, increase
or diminish the number, and change the boundaries, of the wards
thereof, and shall, in the year nineteen hundred and three, and in
every tenth year thereafter, and also whenever the boundaries of
such wards are changed, reapportion the representation in the council
among the wards in a manner prescribed by law; and whenever the
council of any such city shall fail to perform the duty so prescribed,
a mandamus shall lie on behalf of any citizen thereof to compel its
performance.
Sec. 122. The mayors and councils of cities shall be elected on the
second Tuesday in June, and their terms of office shall begin on the
first day of September succeeding. All other elective ofticers, pro-
vided for by this article, or hereafter authorized by law, shall be
elected on the Tuesday after the first Monday in November, and their
terms of office shall begin on the first day of January succeeding,
except that the terms of office of clerks of the city courts shall begin
coincidently with that of the judges of said courts: provided, that
the General Assembly may change the time of election of all or any
of the said officers, except that the election and the beginning of the
terms of mayors and councils of cities shall not be made by the Gen-
eral Assembly to occur at the same time with the election and begin-
ning of the terms of office of the other elective officers provided for
by this Constitution.
Sec, 123. Every ordinance, or resolution having the effect of an
ordinance, shall, before it becomes operative, be presented to the
mayor. If he approve he shall sign it, but if not, if the council con-
sist of two branches, he may return it, with his objections in writing,
to the clerk, or other recording officer, of that branch in which it
originated; which branch shall enter the objections at length on its
journal and proceed to reconsider it. If after such consideration
two-thirds of all the members elected thereto shall agree to pass the
ordinance or resolution it shall be sent, together with the objections,
to the other branch, by which it shall likewise be considered, and if
approved by two-thirds of all the members elected thereto, it shall
become operative notwithstanding the objections of the mayor. But
in all such cases the votes of both branches of the council shall be
determined by yeas and nays, and the names of the members voting
for and against the ordinance or resolution shall be entered on the
journal of each branch. If the council consist of a single branch,
the mayor's objections in writing to any ordinance, or resolution hav-
ing the effect of an ordinance, shall be returned to the clerk, or other
recording officer of the council, and be entered at length on its jour-
nal; whereupon the council shall proceed to reconsider the same.
Upon such consideration the vote shall be taken in the same manner
as where the council consists of two branches, and if the ordinance
or resolution be approved by two-thirds of all the members elected
to the council, it shall become operative notwithstanding the objec-
tions of the mayor. If any ordinance or resolution shall not be
returned by the mayor within five days (Sunday excepted), after it
shall have been presented to him, it shall become operative in like
manner as if he had signed it, unless his term of office, or that of the
council, shall expire within said five days.
The mayor shall have the power to veto any particular item or
items of an appropriation ordinance or resolution; but the veto shall
3930 Virginia— 1902
not affect any item or items to which he does not object. The item or
items objected to shall not take effect except in the manner provided
in this section as to ordinances or resolutions not approved by the
mayor. No ordinance or resolution apj^ropriating money exceeding
the sum of one hundred dollars, imposing taxes, or authorizing the
borrowing of money, shall be passed, except by a recorded affirmative
vote of a majority of all the members elected to the council or to each
branch thereof Avhere there are two; and in case of the veto by the
mayor of such ordinance or resolution, it shall require a recorded
affirmative vote of two-thirds of all the members elected to the council,
or to each branch thereof where there are two, to pass the same over
such veto in the manner provided in this section. Nothing contained
in this section shall operate to repeal or amend any provision in any
existing city charter requiring a two-thirds vote for the passage of
any ordinance as to the appropriation of money, imposing taxes or
authorizing the borrowing of money.
Sec. V2i. No street railway, gas, water, steam, or electric heating,
electric light or power, cold storage, compressed air, viaduct, conduit,
telephone, or bridge, company, nor any corporation, association, per-
son or partnership, engaged in these or like enterprises, shall be per-
mitted to use the streets, alleys, or public grounds of a city or town
without the previous consent of the corporate authorities of such city
or town.
Sec. 125. The rights of no city or town in and to its water front,
wharf property, public landings, wharves, docks, streets, avenues,
parks, bridges, and other public places, and its gas, water, and elec-
tric works shall be sold except by an ordinance or resolution passed
by a recorded affirmative vote of three-fourths of all the members
elected to the council, or to eac'h branch thereof where there are two,
and under such other restrictions as may be imposed by law ; and in
case of the veto by the mayor of such an ordinance or resolution, it
shall require a recorded affirmative vote of three-fourths of all the
members elected to the council, or to each branch thereof where there
are two, had in the manner heretofore provided for in this article,,
to pass the same over the veto. No franchise, lease or right of any
kind to use any such public property or any other public property
or easement of any description, in a manner not permitted to the
general public, shall be granted for a longer period than thirty years.
Before granting any such franchise or privilege for a term of years,
except for a trunk railway, the municipality shall first, after due
advertisement, receive bids therefor publicly, in such manner as may
be provided by law, and shall then act as may be required by law.
Such grant, and any contract in pursuance thereof, may provide that
upon the termination of the grant the plant as well as the property,
if any, of the grantee in the streets, avenues, and other public places
shall thereupon, without compensation to the grantee, or upon the
payment of a fair valuation therefor, be and become the property
of the said city or town; but the grantee shall be entitled to no pay-
ment by reason of the value of tfhe franchise; and any such plant
or property acquired by a city or town may be sold or leased, or,
if authorized by law, maintained, controlled and operated, by such
city or town. Every such grant shall specify the mode of determin-
ing any valuation therein provided for, and shall make adequate
Virginia— 1902 3931
provision by way of forfeiture of the grant, or otherwise, to secure
efficiency ot public service at reasonable rates, and the maintenance
of the property in good order throughout the term of the grant.
Nothing herein contained shall be construed as preventing the Gen-
eral Assembly from prescribing additional restrictions on the powers
of cities and towns in granting franchises or in selling or leasing any
of their property, or as repealing any additional restriction now re-
quired in relation thereto in any existing municipal charter.
Sec. 126. The General Assembly shall provide by general laws for
the extension and the contraction, from time to time, of tlie cor-
porate limits of cities and towns ; and no special act for such purpose
shall be valid.
Sec. 127. No city or town shall issue any bonds or other interest-
bearing obligations for any purpose, or in any manner, to an amount
which, including existing indebtedness, shall, at any time, exceed
eighteen per centum of the assessed valuation of the real estate in
the city or town subject to taxation, as shown by the last preceding
assessment for taxes : provided, however, that nothing above con-
tained in this section shall apply to those cities and towns whose
charters existing at the- adoption of this Constitution authorize a
larger jDercentage of indebtedness than is authorized by this section:
and provided further, that in determining the limitation of the
power of a city or town to incur indebtedness there shall not be
included the following classes of indebtedness:
(a) Certificates of indebtedness, revenue bonds or other obliga-
tions issued in anticipation of the collection of the revenue of such
city or town for the then current year; provided, that such cer-
tifi.cates, bonds or other obligations mature within one year from the
date of their issue, and be not past due, and do not exceed the revenue
for such year ;
(b) Bonds authorized by an ordinance enacted in accordance with
section One Hundred and Twenty-three, and approved by the affirma-
tive vote of the majority of the qualified voters of the city or town
voting upon the question of their issuance, at the general election
next succeeding the enactment of the ordinance, or at a special elec-
tion held for that purpose, for a supply of water or other specific
undertaking from which the city or town may derive a revenue; but
from and after a period to be determined by the council, not exceed-
ing five years from the date of such election, whenever and for so
long as such undertaking fails to produce sufficient revenue to pay
for cost of operation and administration (including interest on bonds
issued therefor, and the cost of insurance against loss by injury to
persons or property), and an annual amount to be covered into a
sinking fund sufficient to pay, at or before maturity, all bonds issued
on account of said undertaking, all such bonds outstanding shall be
included in determining the limitation of the power to incur indebted-
ness, unless the principal and interest thereof be made payable
exclusively from the receipts of the undertaking.
Sec. 128. In cities and towns the assessment of real estate and per-
sonal property for the purpose of municipal taxation, shall be the
same as the assessment thereof for the purpose of state taxation,
whenever there shall be a state assessment of such property.
3932 Virginia— 1902
Article IX
EDUCATION AND PUBLIC INSTRUCTION
Sec. 129. The General Assembly shall establish and maintain an
efficient system of public free schools throughout the State.
Sec. 130. The general supervision of the school system shall be
vested in a State Board of Education, composed of the Governor,
Attorney-General, Superintendent of Public Instruction, and three
experienced educators to be elected quadrennially by the Senate, from
a list of eligibles, consisting of one from each of the faculties, and
nominated by the respective boards of visitors or trustees, of the
University of Virginia, the Virginia Military Institute, the Vir-
ginia Polytechnic Institute, the State Female Normal School at
Farmville, the School for the Deaf and Blind, and also of the College
of William and Mary, so long as the State continue its annual appro-
priation to the last named institution.
The board thus constituted shall select and associate with itself two
division superintendents of schools, one from a county and the other
from a city, who shall hold office for two years, and whose powers and
duties shall be identical with those of other members, except that
they shall not participate in the appointment of any public school
official.
Any vacancy occurring during the term of any member of the
board shall be filled for the unexpired term by said board.
Sec. 131. The Superintendent of Public Instruction, who shall be
an experienced educator, shall be elected by the qualified voters of
the State at the same time and for the same term as the Governor.
Any vacancy in said office shall be filled for the unexpired term by
the said board.
His duties shall be prescribed by the State Board of Education, of
which he shall be ex-officio president; and his compensation shall be
fixed by law.
Sec. 132. The duties and powers of the State Board of Education
shall be as follows:
First. It may, in its discretion, divide the State into appropriate
school divisions, comprising not less than one county or city each, but
no county or city shall be divided in the formation of such divisions.
It shall, subject to the confirmation of the Senate, appoint, for each
of such divisions, one superintendent of schools, who shall hold office
for four years, and shall prescribe his duties, and may remove him
for cause and upon notice.
Second. It shall have, regulated by law, the management and in-
vestment of the school fund.
Third. It shall have authority to make all needful rules and regu-
lations for the management and conduct of the schools, which, when
published and distributed, shall have the force and effect of law, sub-
ject to the authority of the General Assembly to revise, amend, or
repeal the same.
Fourth. It shall select text books and educational appliances for
use in the schools of the State, exercising such discretion as it may
see fit in the selection of books suitable for the schools in the cities and
counties respectively.
Fifth. It shall appoint a board of directors, consisting of five mem-
bers, to serve without compensation, which shall have the manage-
Virginia— 190^ 3933
ment of the State Library, and the appointment of a librarian and
other employees thereof, subject to such rules and regulations as the
General Assembly shall prescribe ; but the Supreme Court of Appeals
shall have the management of the law library and the appointment of
the librarian and other employees thereof.
Sec. 133. Each magisterial district shall constitute a separate school
district, unless otherwise provided by law. In each school district
there shall be three trustees selected, in the manner and for the term
of office prescribed by law.
Sec. 134. The General Assembly shall set apart as a permanent and
perpetual literary fund, the present literary fund of the State; the
proceeds of all public lands donated by Congress for public free
school purposes ; of all escheated property ; of all waste and unappro-
priated lands; of all property accruing to the State by forfeiture,
and all fines collected for offences committed against the State, and
such other sums as the general Assembly may appropriate.
Sec. 135. The General Assembly shall apply the annual interest on
the literary fund ; that portion of the capitation tax provided for in
the Constitution to be paid into the State treasury, and not returnable
to the counties and cities ; and an annual tax on property of not less
than one nor more than five mills on the dollar to the schools of the
primary and grammar grades, for the equal benefit of all of the peo-
ple of the State, to be apportioned on a basis of school population ; the
number of children between the ages of seven and twenty years in
each school district to be the basis of such apportionment: but if at
any time the several kinds or classes of property shall be segregated
for the purposes of taxation, so as to specify and determine upon
what subjects state taxes and upon what subject local taxes may be
levied, then the General Assembly may otherwise provide for a fixed
appropriation of state revenue to the support of the schools not less
than that provided in this section.
Sec. 136. Each county, city, town if the same be a separate school
district, and school district is authorized to raise additional sums by
a tax on property, not to exceed in the aggregate five mills on the
dollar in any one year, to be apportioned and expended by the local
school authorities of said counties, cities, towns and districts in
establishing and maintaining such schools as in their judgment the
public welfare may require: provided, that such primary schools as
may be established in any school year, shall be maintained at least
four months of that school year, before any part of the fund assessed
and collected may be devoted to the establishment of schools of higher
grade. The boards of supervisors of the several counties, and the
councils of the several cities, and towns if the same be separate school
districts, shall provide for the levy and collection of such local school
taxes.
Sec. 137. The General Assembly may establish agricultural, normal,
manual training and technical schools, and such grades of schools as
shall be for the public good.
Sec. 138. The General Assembly may, in its discretion, provide for
the compulsory education of children between the ages of eight and
twelve years, except such as are weak in body or mind, or can read
and write, or are attending private schools, or are excused for cause
by the district school trustees.
Sec. 139. Provision shall be made to supply children attending the
3934 Virginia— 1902
public schools with necessary text-books in cases where the parent or
giiardian is unable, by reason of poverty, to furnish them.
Sec. 140. White and colored children shall not be taught in the
same school.
Sec. 141. No appropriation of public funds shall be made to any
school or institution of learning not owned or exclusively controlled
by the State or some political subdivision thereof: provided, first,
that the General Assembly ma}^, in its discretion, continue the appro-
priations to the College of William and Mary ; second, that this sec-
tion shall not be construed as requiring or prohibiting the continuance
or discontinuance by the General Assembly of the payment of interest
on certain bonds held by certain schools and colleges as provided by
an act of the General Assembly, approved February twenty-third,
eighteen hundred and ninety-two, relating to bonds held by schools
and colleges; third, that counties, cities, towns, and districts may
make appropriations to non-sectarian schools of manual, industrial,
or technical training, and also to any school or institution of learning
owned or exclusively controlled by such county, city, town, or school
district.
Sec. 142. Members of the boards of visitors or trustees of educa-
tional institutions shall be appointed as may be provided by law,
and shall hold for the term of four years : provided, that at the first
appointment, if the board be of an even number, one-half of them,
or, if of an odd number, the least majority of them, shall be appointed
for two years.
Article X
AGRICULTURE AND IMMIGRATIOIST
Sec. 143. There shall be a Department of Agriculture and Immi-
gration, which shall be permanently maintained at the capital of the
State, and which shall be under the management and control of a
Board of Agriculture and Immigration, composed of one member
from each congressional district, who shall be a practical farmer,
appointed by the Governor for a term of four years, subject to con-
firmation b}' the Senate, and the president of the Virginia Polytechnic
Institute, Avho shall be ex-officio a member of the board : provided,
that members of the board first appointed under this Constitution
from the congressional districts bearing odd numbers shall hold office
for two years.
Sec. 144. The powers and duties of the board shall be prescribed
by law: provided, that it shall have power to elect and remove its
officers, and establish elsewhere in the State subordinate branches
of said department.
Sec. 145. There shall be a Commissioner of Agriculture and Immi-
gration, whose term of office shall be four years, and who shall be
elected b}^ the qualified voters of the State, and whose powers and
duties shall be prescribed by the Board of Agriculture and Immigra-
tion until otherwise provided by law.
Sec. 146. The president of the Board of Agriculture and Immi-
gration shall be ex-officio a member of the Board of Visitors of the
Virginia Polytechnic Institute.
Virginia— WO^ 3935
Article XI
PUBLIC INSTITUTIONS AND PRISONS
Sec. 147. There shall be a state penitentiary, with such branch
prisons and prison farms as may be provided by law.
Sec. 148. There shall be appointed by the Governor, subject to
confirmation by the Senate, a board of five directors which, subject
to such regulations and requirements as may be prescribed by law,
shall have the government and control of the penitentiary, branch
prisons, and prison farms, and shall appoint the superintendents and
surgeons thereof. The respective superintendents shall appoint, and
may remove, all other officers and employees of the penitentiary,
branch prisons, and j^rison farms, subject to the approval of the
board of directors. The superintendents and surgeons shall be ap-
pointed for a term of four years, and be removable by the board of
directors for misbehavior, incapacity, neglect of official duty, or acts
])erformed without authority of law. The terms of the directors
first appointed shall be one, two, three, four, and five years, respec-
tively ; and thereafter, upon the expiration of the term of a director,
his successor shall be appointed for a term of five years.
Sec. 149, P'or each state hospital for the insane now existing, or
hereafter established, there shall be a special board of directors, con-
sisting of three members, who shall be appointed by the Governor,
subject to confirmation by the Senate ; such board shall have the man-
agement of the hospital for Avhich it is appointed, under the super-
vision and control of the general board of directors hereinafter con-
stituted. The terms of the directors first appointed shall be two, four,
and six years, respectively, and thereafter, upon the expiration of the
term of a member, his successor shall be appointed for a term of six
years.
Sec. 150. There shall be a general board of directors for the control
and management of all the state hospitals for the insane now existing
or hereafter established, which shall consist of all the directors
appointed members of the several special boards. The general board
of directors shall be subject to such regulations and requirements as
the General Assembly niav from time to time prescribe, and shall have
full power and control over the special boards of directors and all of
the officers and employees of the said hospitals.
Sec. 151. The general board of directors shall appoint for a term of
four years a superintendent for each hospital, who shall be removable
by said board for misbehavior, incapacity, neglect of official duty, or
acts performed without authority of law. The special board of each
hospital, shall, subject to the approval of the general board, appoint
for a term of four years all other resident officers. The superintend-
ent of each hospital shall appoint, and may remove, with the approval
of the special board, all other employees of such hospital.
Sec. 152. There shall be a Commissioner of State Hospitals for the
Insane, who shall be appointed by the Governor, subject to confirma-
tion by the Senate, for a term of four j^ears. He shall be ex-officio
chairman of the general and of each of the special boards of directors,
and shall be responsible for the proper disbursement of all moneys
3936 Virginia— 190^
appropriated or received from any source for the maintenance of such
hospitals; he shall cause to be established and maintained at all of
the hospitals a uniform system of keeping the records and the
accounts of money received and disbursed and of making the reports
thereof. He shall perform such other duties and shall execute such
bond and receive such salary as may be prescribed by law.
Article XII
CORPORATIONS
Sec. 153. As used in this article, the term " corporation '* or " com-
pany " shall include all trusts, associations and joint stock companies
having any powers or privileges not possessed by individuals or unlim-
ited partnerships, and exclude all municipal corporations and public
institutions owned or controlled by the State ; the term " charter "
shall be construed to mean the charter of incorporation by, or under,
which any such corporation is formed ; the term " transportation
company '■ shall include any company, trustee, or other person own-
ing, leasing or operating for hire a railroad, street railway, canal,
steamboat or steamship line, and also aii}^ freight car company, car
association, or car trust, express company, or company, trustee or per-
son in any way engaged in business as a common carrier over a route
acquired in whole or in part under the right of eminent domain ; the
term " rate " shall be construed to mean " rate of charge for any serv-
ice rendered or to be rendered ; " the terms '* rate," " charge " and
" regulation," shall include joint rates, joint charges, and joint regu-
lations, respectiveh' ; the term " transmission company " shall include
any company owning, leasing, or operating for hire, any telegraph or
telephone line ; the term " freight " shall be construed to mean any
property transported, or received for transportation, by any trans-
portation company ; the term " public service corporation " shall
include all transportation and transmission companies, all gas, elec-
tric light, heat and power companies, and all persons authorized to
exercise the right of eminent domain, or to use or occupy any street,
alley or public higliAvay, Avhether along, over, or under the same, in
a manner not permitted to the general public ; the term " person," as
used in this article, shall include individuals, partnerships and cor-
porations, in the singular as well as plural number ; the term " bond "
shall mean all certificates, or written evidences, of indebtedness issued
by any corporation and secured by mortgage or trust deed ; the term
" frank " shall be construed to mean any writing or token, issued by,
or under authorit}^ of, a transmission company, entitling the holder
to any service from such company free of charge. The provisions of
this article shall always be so restricted in their application as not
to conflict with any of the provisions of the Federal Constitution, and
as if the necessary limitations upon their interpretation had been
herein expressed in each case.
Sec. 154. The creation of corporations, and the extension and
amendment of charters (whether heretofore or hereafter granted),
shall be provided for by general laws, and no charter shall be granted,
amended or extended by special act, nor shall authority in such mat-
ters be conferred upon any tribunal or officer, except to ascertain
whether the applicants have, by complying with the requirements of
Virginia— 1902 3937
the law, entitled themselves to the charter, amendment or extension
applied for, and to issue, or refuse, the same accordingly. Such gen-
eral laws may be amended or repealed by the General Assembly ; and
all charters and amendments of charters, now existing and revocable,
or hereafter granted or extended, may be repealed at any time by
special act. Provision shall be made, by general laws, for the vol-
untary surrender of its charter by any corporation, and for the for-
feiture thereof for non-user or mis-user. The General Assembly
shall not, by special act, regulate the affairs of any corporation, nor,
by such act, give it any rights, powers or privileges.
Sec. 155. A permanent commission, to consist of three members, is
hereby created, which shall be known as the State Corporation Com-
mission. The commissioners shall be appointed by the Governor,
subject to confirmation by the General Assembly in joint session, and
their regular terms of office shall be six years, respectively, except
those first appointed under this Constitution, of whom, one shall be
appointed to hold office until the first day of February, nineteen hun-
dred and four, one, until the first day of February, nineteen hundred
and six, and one, until the first day of February, nineteen hundred
and eight. Whenever a vacancy in the commission shall occur, the
Governor shall forthwith appoint a qualified person to fill the same
for the unexpired term, subject to confirmation by the General As-
sembly aforesaid. Commissioners appointed for regular terms shall,
at the beginning of the terms for which appointed, and those ap-
pointed to fill vacancies shall, immediately upon their appointments,
enter upon the duties of their office ; but no person so appointed, either
for a regular term, or to fill a vacancy, shall enter upon, or continue in,
office after the General Assembly shall have refused to confirm his ap-
pointment, or adjourned sine die without confirming the same, nor
shall he be eligible for re-appointment to fill the vacancy caused by
such refusal or failure to confirm. No person while employed by, or
holding any office in relation to, any transportation or transmission
company, or while in any wise financially interested therein, or while
engaged in practicing law, shall hold office as a member of said com-
mission, or perform any of the duties thereof. At least one of the
commissioners shall have the qualifications prescribed for judges of
the Supreme Court of Appeals ; and any commissioner may be im-
peached or removed in the manner provided for the impeachment or
removal of a judge of said court. The commission shall annually
elect one of their members chairman of the same, and shall have one
clerk, one bailiff and such other clerks, officers, assistants and sub-
ordinates as may be provided by law, all of whom shall be appointed,
and subject to removal, by the commission. It shall prescribe its own
rules of order and procedure, except so far as the same are specified
in this Constitution or any amendment thereof. The General Assem-
bly may establish within the department, and subject to the super-
vision and control, of the commission, subordinate divisions, or bu-
reaus, of insurance, banking or other special branches of the business
of that department. All sessions of the commission shall be public,
and a permanent record shall be kept of all its judgments, rules,
orders, findings and decisions, and of all reports made to, or by, it.
Two of the commissioners shall constitute a quorum for the trans-
action of business, whether there be a vacancy in the commission or
not. The commission shall keep its office open for business on every
3938 Virginia— 1902
day except Sundays and legal holidays. Transportation companies
shall at all times transport, free of charge, within this State, the
members of said commission and its officers, or any of them, when en-
gaged on their official duties. The General Assembly shall pro-
vide suitable quarters for the commission and funds for its lawful
expenses, including pay for Avitnesses summoned, and costs of execut-
ing processes issued, by the commission of its own motion; and shall
fix the salaries of the members, clerks, assistants and subordinates
of the connnission and ])rovide for the payment thereof; but the
salary of each counnissioner shall not be less than four thousand dol-
lars per annum. After the first day of January, nineteen hundred
and eight, the General 'Assembly may i^rovide for the election of the
members of the commission by the qualified voters of the State; in
which event, vacancies thereafter occurring shall be filled as herein-
before i^rovided, until the expiration of twenty days after the next
general election, held not less than sixty days after the vacancy occurs,
at which election the vacancy shall be filled for the residue of the
unexpired term.
Sec. 15(5 (a) Subject to the provisions of this Constitution and to
such requirements, rules and regulations as may be prescribed by law,
the State Corporation Commission shall be the department of govern-
ment through which shall be issued all charters and amendments or
extensions thereof, for domestic corporations, and all licenses to do
business in this State to foreign corporations; and through which
shall be carried out all the provisions of this Constitution, and of the
laws made in pursuance thereof, for the creation, visitation, super-
vision, regulation and control of corporations chartered by, or doing
business in, this State. The commission shall prescribe the forms of
all reports which may be recjuired of such corporations by this Con-
stitution or by law ; it shall collect, receive, and preserve such reports,
and annually tabulate and publish them in statistical form; it shall
have all the rights and powers of, and perform all the duties devolv-
ing upon, the Kailroad Counnissioner and the Board of Public Works,
at the time this Constitution goes into effect, excej^t so far as they are
inconsistent with this Constitution, or may be hereafter abolished or
changed by law.
(b) The Commission shall have the power, and be charged with the
dut}'^, of supervising, regulating and controlling all transportation and
transmission companies doing business in this State, in all matters
relating to the performance of their public duties and their charges
therefor, and of correcting abuses therein by such companies; and
to that end the commission shall, from time to time, prescribe, and
enforce against such companies, in the manner hereinafter author-
ized, such rates, charges, classifications of traffic, and rules and regu-
lations, and shall require them to establish and maintain all such pub-
lic service, facilities and conveniences, as may be reasonable and just,
which said rates, charges, classifications, rules, regulations ancl re-
quirements, the commission may, from time to come, alter or amend.
All rates, charges, classifications, rules and regulations adopted, or
acted upon, by any such company, inconsistent with those prescribed
l)y the connnission, within the scope of its authority, shall be unlaw-
ful and void. The commission shall also have the right at all times
Virginia— 1902 3939
to inspect the books and papers of all transportation and transmission
comj^anies doing business in this State, and to require from such com-
panies, from time to time, special reports and statements under oath,
concerning their business; it shall keep itself fully informed of the
physical condition of all the railroads of the State, as to the manner
in which they are operated, with reference to the security and accom-
modation of the public, and shall, from time to time, make and enforce
such requirements, rules and regulations as may be necessarj^ to pre-
vent unjust or unreasonable discriminations by any transportation or
transmission company in favor of, or against, any person, locality,
community, connecting line, or kind of traffic, in the matter of car
service, train or boat schedule, efficiency of transportation or other-
wise, in connection with the public duties of such company. Before
the commission shall prescribe or fix any rate, charge, or classifica-
tion of traffic, and before it shall make any order, rule, regulation or
requirement directed against any one or more companies by name,
the company or companies to be affected by such rate, charge, classi-
fication, order, rule, regulation or requirement, shall first be given,
by the commission, at least ten days' notice of the time and place,
when and where the contemplated action in the premises will be
considered and disposed of, and shall be afforded a reasonable oppor-
tunity to introduce evidence and to be heard thereon, to the end that
justice may be done, and shall have process to enforce the attendance
of witnesses ; and before the commission shall make or prescribe any
general order, rule, regulation or requirement, not directed against
any specific companj^ or companies by name, the contemplated general
order, rule, regulation or requirement shall first be published in sub-
stance, not less than once a week for four consecutive Aveeks in one
or more of the newspapers of general circulation published in the city
of Richmond, Virginia, together with notice of the time and place,
when and where the commission will hear any objections which may
be urged by any person interested, against the proposed order, rule,
regulation or requirement ; and every such general order, ride, regu-
lation or requirement, made by the commission shall be published at
length, for the time and in the manner above specified, before it shall
go into effect, and shall also, as long as it remains in force, be pub-
lished in each subsequent annual report of the commission. The
authority of the commission (subject to review on appeal as herein-
after provided) to prescribe rates, charges and classifications of traf-
fic, for transiDortation and transmission companies, shall be para-
mount; but its authority to prescribe any other rules, regulations or
requirements for corporations or other persons shall be subject to the
superior authority of the General Assembly to legislate thereon by
general laws : provided, however, that nothing in this section shall
impair the right which has heretofore been, or may hereafter be, con-
ferred by law upon the authorities of any city, town or county to
prescribe rules, regulations or rates of charge to be observed by any
public service corporation in connection with any services performed
by it under a municipal or county franchise granted by such city,
1own or county, so far as such services may be wholly within the
lijnits of the city, town or county granting the franchise. Upon the
request of the parties interested, it shall be the duty of the commis-
3940 Virginia— 1902
sion, as far as possible, to effect, by mediation, the adjustment of
claims, and the settlement of controversies, between transportation or
transmission companies and their patrons.
(c) In all matters pertaining to the public visitation, regulation or
control of corporations, and within the jurisdiction of the commission,
it shall have the powers and authority of a court of record, to admin-
ister oaths, to compel the attendance of witnesses and the production
of papers, to punish for contempt any person guilty of disrespectful
or disorderly conduct in the presence of the commission while in ses-
sion, and to enforce compliance with any of its lawful orders or re-
quirements by adjudging, and enforcing by its own appropriate pro-
cess, against the delinquent or offending company (after it shall have
been first duly cited, proceeded against by due process of law before
the commission sitting as a court, and afforded opportunity to intro-
duce evidence and to be heard, as well against the validity, justness or
reasonableness of the order or requirement alleged to have been vio-
lated, as against the liability of the company for the alleged viola-
tion), such fines or other penalties as may be prescribed or authorized
by this Constitution or by law. The commission may be vested with
such additional powers, and charged with such other duties (not in-
consistent with this Constitution) as may be prescribed by law, in con-
nection with the visitation, regulation or control of corporations, or
with the prescribing and enforcing of rates and charges to be observed
in the conduct of any business where the State has the right to pre-
scribe the rates and charges in connection therewith, or with the
assessment of the property of corporations, or the appraisement of
their franchises, for taxation, or with the investigation of the subject
of taxation generally. Any corporation failing or refusing to obey
any valid order or requirement of the commission, within such reason-
able time, not less than ten days, as shall be fixed in the order, may
be fined by the commission (proceeding by due process of law as
aforesaid) such sum, not exceeding five hundred dollars, as the com-
mission may deem proper, or such sum, in excess of five hundred dol-
lars, as may be prescribed, or authorized, by law; and each day's
continuance of such failure or refusal, after due service upon such
corporation of the order or requirement of the commission, shall be a
separate offence : provided, that should the operation of such order
or requirement be suspended pending an appeal therefrom, the period
of such suspension shall not be computed against the company in the
matter of its liability to fines or penalties.
(d) From any action of the commission prescribing rates, charges
or classifications of traffic, or affecting the train schedule of any trans-
portation compam', or requiring additional facilities, conveniences
or public service of any transportation or transmission company, or
refusing to approve a suspending bond, or requiring additional
security thereon or an increase thereof, as provided for in subsection e
of this section, an appeal (subject to such reasonable limitations as
to time, regulations as to procedure and provisions as to costs, as may
be prescribed by law) may be taken by the corporation w^hose rates,
charges or classifications of traffic, schedule, facilities, conveniences
or service, are affected, or by any person deeming himself aggrieved
by such action, or (if allowed by law) by the Commonwealth. Until
otherwise provided by law, such appeal shall be taken in the manner
Virginia— 1902 3941
in which appeals may be taken to the Supreme Court of Appeals
from the inferior courts, except that such an appeal shall be of right,
and the Supreme Court of Appeals may provide by rule for pro-
ceedings in the matter of appeals in any particular in which the
existing rules of laAA' are inapplicable. If such apj^eal be taken by the
corporation whose rates, charges or classifications of traffic, schedules,
facilities, conveniences or service are affected, the Commonwealth
shall be made the appellee; but, in the other cases mentioned, the
corporation so affected shall be made the appellee. The General As-
sembly may also, hj general laws, provide for appeals from any other
action of the commission, by the Commonwealth or by any person
interested, irrespective of the amount involved. All appeals from the
commission shall be to the Supreme Court of Appeals only; and in
all appeals to which the Commonwealth is a party, it shall be repre-
sented by the Attorney-General or his legally appointed representa-
tive. No court of this Commonwealth (except the Supreme Court
of Appeals, by way of appeals as herein authorized), shall have juris-
diction to review, reverse, correct or annul any action of the commis-
sion, within the scope of its authority, or to suspend or delay the
execution or operation thereof, or to enjoin, restrain or interfere with
the commission in the performance of its official duties: provided,
however, that the writs of mandaTnus and prohibition shall lie from
the Supreme Court of Appeals to the commission in all cases where
such writs, respectively, would lie to any inferior tribunal or officer.
(e) Upon the granting of an appeal, a writ of supersedeas may be
awarded by the appellate court, suspending the operation of the
action appealed from until the final disposition of the appeal; but,
prior to the final reversal thereof by the appellate court, no action
of the commission prescribing or affecting the rates, charges or clas-
sifications of traffic or. any transportation or transmission company
shall be delayed, or suspended, in its operation, by reason of any
appeal by such corporation, or by reason of any proceedings resulting
from such appeal, until a suspending bond shall first have been
executed and filed with, and approved by, the commission (or ap-
proved on review by the Supreme Court of Appeals), payable to the
Commonwealth, and sufficient in amount and security to insure the
prompt refunding, by the aj^pealing corporation to the parties enti-
tled thereto, of all charges which such company may collect or receive,
pending the appeal, in excess of those fixed, or authorized, by the
final decision of the court on appeal. The commission, upon the
execution of such bond, shall forthwith require the appealing com-
l^any, under jDenalty of the immediate enforcement (pending the
appeal and notwithstanding any supersedeas)^ of the order or re-
quirement appealed from, to keep such accounts, and to make to the
commission, from time to time, such reports, verified by oath, as may,
m the judgment of the commission, suffice to show the amounts being
charged or received by the company, pending the aj^peal, in excess of
the charge allowed by the action of the commission appealed from,
together with the names and addresses of the persons to whom such
overcharges will be refundable in case the charges made by the com-
pany pending the appeal, be not sustained on such appeal; and the
commission shall also, from time to time, require such company, under
like penalty, to give additional security on, or to increase, the said
7535— VOL 7—09 11
3942 Virginia— 1902
suspending bond, ^vhenever, in the opinion of the commission, the
same may be necessary to insure the prompt refunding of the over-
charges aforesaid. Upon the final decision of such appeal, all
amounts which the ai^pealing company may have collected, pending
the appeal, in excess of that authorized by such final decision, shall
be promptly refunded by the company to the parties entitled thereto,
in such manner, and through such methods of distribution, as may be
prescribed by the commission, or l)y law. All such appeals affecting
rates, charges or classifications of traffic, shall have i:)recedence upon
the docket of the appellate court, and shall be heard and disposed of
promptly by the court, irrespective of its place of session, next after
the Jiaheas corpvx, and Commonwealth's, cases already on the docket
of the court.
(/) In no case of appeal from the commission shall any new or
additional evidence be introduced in the appellate court; but the
chairman of the commission, inider the seal of the commission, shall
certify to the appellate court all the facts upon which the action
appealed from was based and Avhich may be essential for the proper
decisi(m of the appeal, together with such of the evidence introduced
before, or considered by, the commission as may be selected, specified
and required to be certified, by any party in interest, as Avell as such
other evidence, so introduced or considered, as the commission may
deem j)roper to certify. The commission shall, whenever an appeal is
taken therefrom, file with the record of the case, and as a part thereof,
a written statement of the reasons upon which the action appealed
from Avas based, and such statement shall be read and considered by
the appellate court, upon disposing of the ai^peal. The appellate
court shall have jurisdiction, on such appeal, to consider and deter-
mine the reasonableness and justness of the action of the commission
appealed from, as well as any other matter arising under such appeal:
provided, however, that the action of the commission appealed from
shall be regarded as prima facie just, reasonable and correct; but
the court may, Avhen it deems necessary, in the interest of justice,
remand to the commission any case pending on appeal, and require
the same to be further investigated by the commission, and reported
upon to the court (together with a certificate of such additional evi-
dence as may be tendered before the commission liy any party in inter-
est) before the appeal is finall}^ decided.
{g) Whenever the court, upon appeal, shall reverse an order of the
commission a fleeting the rates, charges or the classification of traffic
of any transportation or transmission company, it shall, at the same
time substitute therefor such order as, in its opinion, the commission
should have made at the time of entering the order appealed from;
otherwise, the reversal order shall not be valid. Such substituted
order shall have the same force and effect (and none other) as if it
had been entered by the commission at the time the original order
api:)eale(l from was entered. The right of the commission to prescribe
and enforce rates, charges, classifications, rules and regulations, affect-
ing any or all actions of the commission theretofore entered by it
and appealed from, but based upon circumstances or conditions differ-
ent from those existing at the time the order appealed from was made,
shall not be suspended or impaired by reason of the pendency of such
appeal; but no order of the commission, prescribing or altering such
rates, charges, classifications, rules or regulations, shall be retroactive.
Virginia— 1902 3943
(A) The right of any person to institute and prosecute in the ordi-
nary courts of justice, any action, suit or motion against any trans-
portation or transmission company, for any claim or cause of action
against such company, shall not be extinguished or impaired, by
reason of any fine or other penalty which the connnission may impose,
or be authorized to impose, upon such company because of its breach
of any public duty, or because of its failure to comply with any order
or requirement of the commission ; but, in no such proceeding by any
person against such corporation, nor in any collateral proceeding,
shall the reasonableness, justness or validity of any rate, charge, classi-
fication of traffic, rule, regulation or requirement, theretofore pre-
scribed by the commission, within the scope of its authority, and then
in force, be questioned : provided, however, that no case based upon
or involving any order of the commission shall be heard, or disposed
of, against the objection of either party, so long as such order is sus-
pended in its operation by an order of the Supreme Court of Appeals
as authorized by this Constitution or by any law passed in pursuance
thereof.
(i) The commission shall make annual reports to the (xovernor of
its proceedings, in which reports it shall recommend, from time to
time, such new or additional legislation in reference to its powers or
duties, or the creation, supervision, regulation or control of corpora-
tions, or to the subject of taxation, as it may deem wise or expedient,
or as may be required by law.
(k) Upon the organization of the State Corporation Commission,
the Board of Public Works and the office of Railroad Commissioner,
shall cease to exist ; and all books, papers and documents pertaining
thereto, shall be transferred to, and become a part of the records of,
the office of the State Corporation Commission.
(l) After the first day of January, nineteen hundred and five, in
addition to the modes of amendment provided for in Article Fifteen
of this Constitution, the General Assembly, upon the recommendation
of the State Corporation Commission, may, by law, from time to
time, amend subsections a to «, inclusive, of this section, or any of
them, or any such amendment thereof: provided, that no amendment
made under authority of this subsection shall contravene the provi-
sions of any part of this Constitution other than the subsections last
above referred to or any such amendment thereof.
Sec. 157. Provision shall be made by general laws for the payment
of a fee to the Commonwealth by every domestic corporation, upon
the granting, amendment or extension of its charter, and by every
foreign corporation upon obtaining a license to do business in this
State as specified in this section ; and also for the payment, by every
domestic corporation, and foreign corporation doing business in this
State, of an annual registration fee of not less than five dollars nor
more than twenty-five dollars, which shall be irrespective of any spe-
cific license, or other, tax imposed by law upon such company for the
privilege of carrying on its business in this State, or upon its fran-
chise or property; and for the making, by every such corporation (at
the time of paying such annual registration fee), of such report to
the State Corporation Commission, of the status, business or condition
of such corporation, as the General Assembly may prescribe. No
foreign corporation shall have authority to do business in this State,
3944 Virginia— 1902
until it shall have first obtained from the commission a license to do
business in this State, upon such terms and conditions as may be
prescribed by law. The failure by any corporation for two succes-
sive years to pay its annual registration fee, or to make its said annual
reports, shall, when such failure shall have continued for ninety
days after the expiration of such two years, operate as a revocation
and annulment of the charter of such corporation if it be a domestic
company, or, of its license to do business in this State if it be a for-
eign comi^any; and the General Assembly shall provide additional
and suitable penalties for the failure of any corporation to comply
promptly with the requirements of this section, or of any laws passed
in pursuance thereof. The commission shall compel all corporations
to comply promptly with such requirements, by enforcing, in the
manner hereinbefore authorized, such fines and penalties against the
delinquent company as may be provided for, or authorized by, this
article; but the General Assembly may relieve from the payment of
the said registration fee any purely charitable institution or insti-
tutions.
Sec. 158. Every corporation heretofore chartered in this State,
which shall hereafter accept, or effect, any amendment or extension
of its charter, shall be conchisively presumed to have thereby sur-
rendered every exemption from taxation, and ever}'' non-repealable
feature of its charter and of the amendments thereof, and also all
exclusive rights or i)rivileges theretofore granted to it by the Gen-
eral Assembly and not enjoyed by other corj^orations of a similar
general character; and to have thereby agreed to thereafter hold its
charter and franchises, and all amendments thereof, under the pro-
visions and subject to all the requirements, terms and conditions of
this Constitution and of any laws passed in pursuance thereof, so far
as the same may be applicable to such corporation.
Sec. 159. The exercise of the right of eminent domain shall never
be abridged, nor so construed as to prevent the General Assembly
from taking the property and franchises of corporations and sub-
jecting them to public use, the same as the property of individuals;
and the exercise of the police power of the State shall never be
abridged, nor so construed as to permit corporations to conduct their
business in such manner as to infringe the equal rights of individuals
or the general well-being of the State.
Sec. 100. Xo transportation or transmission company shall charge
or receive any greater compensation, in the aggregate, for transport-
ing the same class of passengers or property, or for transmitting the
same class of messages, over a shorter than over a longer distance,
along the same line and in the same direction — the shorter being
included in the longer distance — but this section shall not be con-
stnied as authorizing any such company to charge or receive as gi-eat
compensation for a shorter as for a longer distance. The State Cor-
poration Commission may, from time to time, authorize any such
company to disregard the foregoing provisions of this section, by
charging such rates as the commission may prescribe as just and
equitable between such company and the public, to or from any junc-
tional or competitive points or localities, or where the competition of
points located without this State may make necessary the pre-
scribing of special rates for the protection of the commerce of this
Virginia— 190^ 3945
State; but this section shall not apply to mileage tickets, or to any
special excursion, or commutation, rates, or to special rates for serv-
ices rendered to the government of this State, or of the United States,
or in the interest of some public object, when such tickets or rates
shall have been prescribed or authorized by the commission.
Sec. IGl. No transportation or transmission company doing busi-
ness in this State shall grant to any member of the General Assembly,
or to any State, county, district or municipal officer, except to mem-
bers and officers of the State Corporation Commission for their per-
sonal use while in office, any frank, free pass, free transportation, or
any rebate or reduction in the rates charged by such company to the
general public for like services. For violation of the provisions of
this section the offending company shall be liable to such penalties as
may be prescribed by law ; and any meml^er of the General Assem-
bly, or any such officer, who shall, while in office, accept any gift,
privilege or benefit as is prohibited by this section, shall thereby for-
feit his office, and be subject to such further penalties as may be pre-
scribed by law; but this section shall not prevent a street raihvay
company from transporting free of charge any member of the police
force or fire department while in the discharge of his official duties,
nor prohibit the acceiotance by any such policeman or fireman of
such free transportation.
Sec. 162. The doctrine of fellow-servant, so far as it affects the
liability of the master for injuries to his servant resulting from the
acts or omissions of any other servant or servants of the common
master, is to the extent hereinafter stated, abolished as to every
employee of a railroad company, engaged in the physical construc-
tion, repair or maintenance of its roadway, track or any of the struc-
tures connected therewith, or in any work in or upon a car or engine
standing upon a track, or in the physical operation of a train, car,
engine, or switch, or in any service requiring his presence upon a
train, car or engine; and every such employee shall have the same
right to recover for every injury suffered by him from the acts or
omissions of any other employee or employees of the common mas-
ter, that a servant would have (at the time when this Constitution
goes into effect), if such acts or omissions were those of the master
himself in the performance of a non-assignable duty : provided, that
the injury, so suffered by such railroad employee, result from the neg-
ligence of an officer, or agent, of the company of a higher gi'ade of
service than himself, or from that of a person, employed by the
companj'^, having the right, or charged with the duty, to control or
direct the general services or the immediate work of the party injured,
or the general services or the immediate work of the co-employee
through, or by, whose act or omission he is injured; or that it result
from the negligence of a co-employee engaged in another department
of labor, or engaged upon, or in charge of, any car upon which, or
upon the train of which it is a part, the injured employee is not at
the time of receiving the injury, or wdio is in charge of any switch,
signal point, or locomotive engine, or is charged with dispatching
trains or transmitting telegraphic or telephonic orders therefor; and
whether such negligence be in the performance of an assignable or
non-assignable duty. The physical construction, repair or mainte-
nance of the roadway, track or any of the structures connected there-
with, and the physical construction, repair, maintenance, cleaning
3946 Virginia— 1902
or operation of trains, cars or engines, shall be regarded as differ-
ent departments of labor within the meaning of this section. Knowl-
edge, by any such railroad employee injured, of the defective or
unsafe character or condition of any machinery, ways, appliances or
structures, shall be no defence to an action for injury caused thereby.
"WTien death, whether instantaneous or not, results to such an em-
ployee from any injury for which he could have recovered, under
the above provisions, had death not occurred, then his legal or per-
sonal representative, surviving consort, and relatives (and any trus-
tee, curator, committee or guardian of such consort or relatives)
shall, respectively, have the same rights and remedies with respect
thereto as if his death had been caused by the negligence of a co-em-
l^loyee while in the performance, as vice-jDrincipal, of a non-assignable
duty of the master. Every contract or agreement, express or implied,
made by an employee, to waive the benefit of this section, shall be
null and void. This section shall not be construed to deprive any
employee, or his legal or personal representative, surviving consort
or relatives (or an}' trustee, curator, committee or guardian of such
consort or relatives), of any rights or remedies that he or they may
have by the law of the land, at the time this Constitution goes into
effect. Nothing contained in this section shall restrict the pov\'er of
the General Assembly to further enlarge, for the above-named class
of employees, the rights and remedies hereinbefore provided for, or
to extend such rights and remedies to, or otherwise enlarge the present
rights and remedies of, any other class of employees of railroads or
of employees of any person, firm or corporation.
Sec. 163. No foreign corporation shall be authorized to carry on,
in this State, the business, or to exercise any of the powers or func-
tions, of a public service corporation, or be permitted to do anything
which domestic corporations are prohibited from doing, or be relieved
from compliance with any of the requirements made of similar
domestic corporations by the Constitution and laws of this State,
where the same can be made applicable to such foreign corporation
without discriminating against it. But this section shall not affect
any public service corporation whose line or route extends across the
boundary of this ConnnouAvealth, nor prevent any foreign corpora-
tion from continuing in such lawful business as it may be actually
engaged in within this State, when this Constitution goes into effect ;
but any such foreign public service corporation, so engaged, shall
not, without first becoming incorporated under the laws of this State,
be authorized to acquire, lease, use or operate, within this State, any
public or municipal franchise or franchises in addition to such as it
maj' own, lease, use or operate when this Constitution goes into effect.
The property, within this State, of foreign corporations shall always
be subject to attachment, the same as that of non-resident individuals;
and nothing in this section shall restrict the power of the General
Assembly to discriminate against foreign corporations whenever, and
in whatsoever respect, it may deem wise or expedient.
Sec. 164. The right of the Commonwealth, through such instru-
mentalities as it maj"^ select, to prescribe and define the public duties
of all common carriers and public service corporations, to regulate
and control them in the performance of their public duties, and to fix
and limit their charges therefor, shall never be surrendered nor
abridged.
Virginia— 1902 3947
Sec. 1G5. ,The General Assembly shall enact laws preventing all
trusts, combinations and monopolies, inimical to the public welfare.
Sec. 16G. The exclusive right to build or operate railroads parallel
to its own, or any other, line of railroad, shall not be granted to any
company ; but every railroad company shall have the right, subject to
such reasonable regulations as may be prescribed by law, to parallel,
intersect, connect with or cross, with its roadway, any other railroad
or railroads; but no railroad company shall build or operate any line
of railroad not siDecified in its charter, or in some amendment thereof.
All railroad companies, whose lines of railroad connect, shall receive
and transport each other's passengers, freight, and loaded or empty
cars, without delay or discrimination. Nothing in this section shall
deprive the General Assembly of the right to prevent by statute,
repealable at pleasure, any railroad from being built parallel to the
present line of the Richmond, Fredericksburg and Potomac railroad.
Sec. 1G7. The General Assembly shall enact general laws regulat-
ing and controlling all issues of stock and bonds by corporations.
Whenever stock or bonds are to be issued by a corporation, it shall,
before issuing the same, file with the State Corporation Commission
a statement (verified by the oath of the president or secretary of the
corporation, and in such form as may be prescribed or permitted by
the commission) setting forth fully and accurately the basis, or
financial plan, ujion which such stock or bonds are to be issued; and
Avhere such basis or ])lan includes services or property (other than
money), received or to be received by the company, such statement
shall accurately specify and describe, in the manner prescribed, or
permitted, by the commission, the services and property, together
with the valuation at which the same are received or to be received;
and such corporation shall comply with any other requirements or
restrictions which may be imposed by law. The (General Assembly
shall provide adequate penalties for the violation of this section, or of
any laws passed in pursuance thereof; and it shall be the duty of the
commission to adjudge, and enforce (in the manner hereinbefore pro-
vided), against any corporation refusing or failing to comply with
the provisions of this section, or of any laws passed in pursuance
thereof, such fines and penalties as are authorized by this Constitu-
tion, or may be prescribed by law.
Article XIII
TAXATION AND FINANCE
Sec. 168. All property, except as hereinafter provided, shall be
taxed; all taxes, whether State, local or municipal, shall be uniform
upon the same class of subjects within the territory limits of the
authority levying the tax, and shall be levied and collected under
general laws.
Sec. 169. Except as hereinafter provided, all assessments of real
estate and tangible personal property shall be at their fair market
value, to be ascertained as prescribed by law. The General Assembly
may allow a lower rate of taxation to be imposed for a period of
years by a city or town upon land added to its corporate limits, than
is imposed on similar property within its limits at the time such land
is added. Nothing in this Constitution shall prevent the General
3948 Virginia— 190^
Assembly, after the first day of January, nineteen hundred and
thirteen, from segregating for the purposes of taxation, the several
kinds or classes of property, so as to specify and determine upon what
subjects. State taxes, and upon what subjects, local taxes may be
levied.
Sec. 170. The General Assembly may levy a tax on incomes in
excess of six hundred dollars per annum; may levy a license tax
upon any business which cannot be reached by the ad valorem sys-
tem; and may imj^ose State franchise taxes, and in imposing a
franchise tax, may, in its discretion, make the same in lieu of taxes
upon other property, in whole or in part, of a transportation, indus-
trial, or commercial corporation. AVhenever a franchise tax shall be
imposed upon a corporation doing business in this State, or whenever
all the capital, however invested, of a corporation chartered under the
laws of this State, shall be taxed, the shares of stock issued by any
such corporation, shall not be further taxed. Xo city or town shall
impose any tax or assessment upon abutting land owners for street
or other public local improvements, except for making and improving
the walkways upon then existing streets, and improving and paving
then existing alleys, and for either the construction, or for the use of
sewers; and the same when imjiosecl, shall not be in excess of the
peculiar l)enefits resulting therefrom to such abutting land owners.
Except in cities and towns, no such taxes or assessments, for local
public improvements shall be imposed on abutting land owners.
Sec. 171. The General Assembly shall provide for a re-assessment
of real estate, in the year nineteen hundred and five, and every fifth
year thereafter, except that of railway and canal corporations, which,
after January the first, nineteen hundred and thirteen, may be
assessed as the General Assembly may provide.
Sec. 172. The General Assembly shall provide for the special and
separate assessment of all coal and other mineral land ; but until such
special assessment is made, such land shall be assessed under existing
laws.
Sec. 173. The General Assembly shall levy a State capitation tax
of, and not exceeding, one dollar and fifty cents per annum on every
male resident of the State not less than twenty-one years of age,
except those pensioned by this State for military services; one dollar
of which shall be applied exclusively in aid of the public free schools,
in proportion to the school jDopulation, and the residue shall be
returned and paid by the State into the treasury of the county or city
in which it was collected, to be appropriated by the proper county or
city authorities to such county or city purposes as they shall respec-
tively determine; but said State capitation tax shall not be a lien
upon, nor collected by legal process from, the personal property
which may be exempt from levy or distress under the poor debtor's
law. The General Assembly may authorize the board of supervisors
of any county, or the council of any city or town, to levy an addi-
tional capitation tax not exceeding one dollar per annum on every
such resident within its limits, which shall be applied in aid of the
public schools of such county, city or town, or for such other county,
city or town purposes as they shall determine.
Sec. 174. After this Constitution shall be in force, no statute of
limitation shall run against any claim of the State for taxes upon any
Virginia— 190^ 3949
property ; nor shall the failure to assess property for taxation defeat
a subsequent assessment for and collection of taxes for any preceding
year or years, unless such property shall have passed to a bona fide
purchaser for value, without notice ; in which latter case the property
shall be assessed for taxation against such purchaser from the date
of his purchase.
Sec. 175, The natural oyster beds, rocks, and shoals, in the waters
of this State, shall not be leased, rented or sold, but shall be held in
trust for the benefit of the people of this State, subject to such reg-
ulations and restrictions as the General Assembly may prescribe, but
the General Assembly may, from time to time, defuie and determine
such natural beds, rocks or shoals, by surveys or otherwise.
Sec. 176, The State Corporation Commission shall annually ascer-
tain and assess, at the time hereinafter mentioned, and in the manner
required of the Board of l^ublic Works, by the law in force on Jan-
uary the first, nineteen hundred and two, the value of the roadbed,
and other real estate, rolling stock, and all other personal property
whatsoever (except its franchise and the non-taxable shares of stock
issued by other corporations) in this State, of each railway corpora-
tion, whatever its motive power, now or hereafter liable for taxation
upon such property ; the canal bed and other real estate, the boats and
all other personal property whatsoever (except its franchise and the
non-taxable shares of stock issued by other corporations) in this State,
of each canal corporation, empowered to conduct transportation ; and
such property shall be taxed for State, county, city, town, and dis-
trict purposes in the same manner as authorized by said law, at such
rates of taxation as may be imposed by them, respectively, from time
to time, upon the real estate and personal property of natural per-
sons : provided, that no tax shall be laid upon the net income of such
corporations.
Sec. 177. Each such railway or canal corporation, including also
any such as is exempt from taxation as to its works, visible property,
or profits, shall also pay an annual State franchise tax equal to one
per centum upon the gross receipts hereinafter specified in section
One Hundred and Seventy-eight, for the privilege of exercising its
franchises in this State, which, with the taxes provided for in section
One Hundred and Seventy-six, shall be in lieu of all other taxes or
license charges whatsoever upon the franchises of such corporation,
the shares of stock issued by it, and upon its property assessed under
section One Hundred and Seventy-six : provided, that nothing herein
contained shall exempt such corporation from the annual fee required
by section One Hundred and Fifty-seven of this Constitution, or from
assessments for street and other public local improvements author-
ized by section One Hundred and Seventy; and provided, further,
that nothing herein contained shall annul or interfere with, or pre-
vent any contract or agreement by ordinance between street railway
corporations and municipalities, as to compensation for the use of
the streets or alleys of such municipalities by such railway corpora-
tions.
Sec. 178. The amount of such franchise tax shall be equal to one
per centum of the gross transportation receipts of such corporations
for the year ending June the thirtieth of each year, to be ascertained
by the State Corporation Commission, in the following manner :
3950 Virginia— 1902
(a) When the road or canal of the corporation lies wholly within
this State, the tax shall be equal to one per centiun of the entire gross
transportation receipts of such corporation,
{b) When the road or canal of the corporation lies partly within
and partly without this State, or is operated as a part of a line or
system extending beyond this State, the tax shall be equal to one per
centum of the gross transportation receipts earned within this State,
to be determined as follows: By ascertaining the average gross trans-
portation receipts ])c^r mile over its whole extent within and without
this State, and multiplying the result l)y the number of miles operated
within this State : proA'ided, that from the sum so ascertained there
may be a reasonable deduction because of any excess of value of the
terminal facilities or other similar advantages in other states over
similar facilities or advantages in this State.
Sec. 170. Each corporation mentioned in sections One Hundred
and Seventy-six and One Hundred and Seventy-seven shall annually,
on the first day of September, make to the State Corporation Com-
mission the I'eport which the hnv, in force January the first, nineteen
hundred and two, required to be made annually to the Board of
Public Works by everv railroad and canal company in this State,
not exempt from taxation by virtue of its charter, which report shall
also show the property taxable in this State belonging to the corjjora-
tion on the thirtieth day of June preceding, and its total gross trans-
portation receijits for the year ending on that date". Upon receiving
such report the State Corporation Connnission shall, after thirty
days' notice i:)reviously given, as ])rovided by said law, assess the
vahie of the pro])erty not exemjit from taxation, of the corj^oration,
and ascertain the amount of the franchise tax and other State taxes
chargeable against it. All taxes for which the corporation is liable
shall be paid on or before the first day of December following. The
provisions of said law, except as changed by this article, shall apply
to the ascertainment and collection of the franchise, as well as other
taxes of such corporations. Said taxes, until jiaid, shall be a lien
upon the property Avithin this State of the corporation owning the
.same, and take precedence of all other liens or incumbrances.
Sec. 180. Any corporation aggrieved by the assessment and ascer-
tainment made under sections One Hundred and Seventy-six and One
Hundred and Seventy-eight may, within thirty days after receiving
a certified copy thereof, apply for relief to the circuit court of the
city of Richmond. Notice of the application, setting forth the
grounds of complaint, verified by affidavit, shall be served on the
State Corporation Commission, and on the Attorney-General, whose
duty it shall be to represent the State. The court, if of opinion that'
the assessment or tax is excessive, shall reduce the same; but if of
opinion, that it is insufficient, shall increase the same. Unless the
applicant paid the taxes under ])rotest, when due, the court, if it dis-
allow the application, shall give judgment against it for a sum, by
way of damages, equal to interest at the rate of one per centum per
month upon the amount of taxes from the time the same were pay-
able. If the ap])lication be allowed, in whole or in part, appropriate
relief shall be granted, including the right to recover any excess of
taxes that may have been paid, with legal interest thereon, and costs,
from the State or local authorities, or both, as the case may be; the
Virginia— W02 3951
judgment to- be enforceable by mandamvs or other proper j^rocesH
issuing from the court finally adjudicating the application. Subject
to the provisions of Article Six of this Constitution, the Supreme
Court of Appeals may allow a ^Yrit of error to either party.
Sec. 181. After January the first, nineteen hundred and three, the
system of taxation, as to the corporations mentioned in sections One
Hundred and Seventy-six and One Hundred and Seventy-seven, shall
be as set forth in sections One Hundred and Seventy-six to One Hun-
dred and Eighty, inclusive ; and for that year the franchise tax shall
be based upon such gross receipts for the year ending the thirtieth
day of June, nineteen hundred and three, and such system shall so
remain until the first day of January, nineteen hundred and thirteen,
and thereafter until modified or changed, as may be prescril^ed by
law : provided, that, if the said system shall for any reason become
inoperative, the General Assembh'^ shall have power to adopt some
other system.
Sec. 182. Until otherwise prescribed by law, the shares of stock
issued by trust or security companies chartered by this State, and by
incorporated banks, shall be taxed in the same manner in which the
shares of stock issued by incorporated banks were taxed, by the law
in force January the first, nineteen hundred and two; but from the
total assessed value of the shares of stock of any such company or
bank, there shall be deducted the assessed value of its real estate
otherwise taxed in this State, and the value of each share of stock
shall be its proportion of the remainder.
Sec. 183. Except as otherwise provided in this Constitution, the fol-
lowing property and no other, shall be exempt from taxation. State
and local ; but the General Assembly may hereafter tax any of the
property hereby exempted save that mentioned in sub-section (a) :
(a) Property directly or indirectly owned by the State, however
held, and property lawfully owned and held by counties, cities, towns,
or school districts, used wholly and exclusively for county, city, town,
or public-school purposes, and obligations issued by the State since
the fourteenth day of February, eighteen hundred and eighty-two
or hereafter exempted by law.
(b) Buildings with land they actually occupy, and the furniture
and furnishings therein lawfully owned and held by churches or
religious bodies, and wholly and exclusively used for religious wor-
ship, or for the residence of the minister of any church or religious
body, together with the additional adjacent land reasonably neces-
sary for the convenient use of any such building.
(c) Private family burying-grounds not exceeding one acre in
area, reserved as such by will or deed, or shown by other sufficient
evidence to be reserved as such, and so exclusively used, and public
burying-grounds and lots therein exclusively used for burial pur-
poses, and not conducted for profit, whether owned or managed by
local authorities or by private corporations.
(d) Buildings with the land they actually occupy, and the furni-
ture, furnishings, books and instruments therein, wholly devoted to
educational purposes, belonging to, and actually and exclusively occu-
pied and used by churches, public libraries, incorporated colleges,
academies, industrial schools, seminaries, or other incorporated insti-
tutions of learning, including the Virginia Historical Society, which
3952 Virginia— 1902
are not corporations having shares of stock or otherwise owned by
individuals or other corporations; together with such additional
adjacent land owned by such churches, libraries and educational insti-
tutions as may be reasonably necessary for the convenient use of such
buildings, respectiveh' ; and also the buildings thereon used as resi-
dences by the officers or instructors of such educational institutions;
and also the permanent endowment funds held by such libraries and
educational institutions directly or in trust, and not invested in real
estate : provided, that such libraries and educational institutions
are not conducted for profit of any person or persons, natural or cor-
porate, directly, or under any guise or pretence whatsoever. But
the exemption mentioned in this sub-section shall not apply to any
industrial school, individual or corporate, not the property of the
State, which does Avork for compensation, or manufactures and sells
articles, in the community in which such school is located : provided,
that nothing herein contained shall restrict any such school from
doing work for or selling its own products or any other articles to
any of its students or employees.
(<?) Real estate belonging to, actually and exclusively occupied,
and used by, and jDersonal property, including endowment funds,
belonging to Young Men's Christian Associations, and other similar
religious associations, orphan or other asylums, reformatories, hos-
pitals and nunneries, which are not conducted for profit, but purely
and completely as charities.
(/) Buildings Avith the land they actually occupy, and the furni-
ture and furnishings therein, belonging to any benevolent or chari-
table association and used exclusively for lodge purposes or meeting
rooms by such association, together with such additional adjacent
land as may be necessary for the convenient use of the buildings for
such purposes; and
(r/) Property belonging to the Association for the Preservation of
Virginia Antiquities, the Confederate Memorial Literary Society,
and the ]\Iount Vernon Ladies' Association of the Union.
No inheritance tax shall be charged, directly or indirectly, against
any legacy or devise made according to law for the benefit of any
institution or other body or any natural or corporate jjerson whose
propertv is exempt from taxation as hereinbefore mentioned in this
section.
Nothing contained in this section shall be construed to exempt from
taxation the property of any person, firm, association or corporation,
who shall, expressly or impliedly, directly or indirectly, contract or
promise to pay any sum of money or other benefit, on account of
death, sickness, or accident to any of its members or any other per-
son; and whenever any building or land, or part thereof, mentioned
in this section and not belonging to the State, shall be leased or shall
be a source of revenue or profit, all of such buildings and land shall
be liable to taxation as other land and buildings in the same county,
city, or town; and nothing herein contained shall be construed as
authorizing or requiring any county, city, or town to tax for county,
city or town purposes, in violation of the rights of the lessees thereof
existing under any lawful contract heretofore made, any real estate
OAvned by such county, citA^ or town, and heretofore leased by it.
Obligations issued by counties, cities, or toAvns may be exempted
by the authorities of such localities from local taxation.
Virginia— 1902 3953
Sec. 184. Xo debt shall be contracted by the State except to meet
casual deficits in the revenue, to redeem a previous liability of the
State, to suppress insurrection, repel invasion, or defend the State in
time of war. No scrip, certificate or other evidence of State indebted-
ness, shall be issued except for the transfer or redemption of stock
previously issued, or for such debts as are expressly authorized in
this Constitution.
Sec. 185. Neither the credit of the State, nor of any count3% city,
or town, shall be, directly or indirectly, under any device or pretence
whatsoever, granted to or in aid of any person, association, or cor-
poration ; nor shall the State, or any county, city, or town subscribe
to or become interested in the stock or obligations of any company,
association, or corporation, for the purpose of aiding in the construc-
tion or maintenance of its work ; nor shall the State become a party
to or become interested in anj^ work of internal improvement, except
public roads, or engaged in carrying on any such work; nor assume
any indebtedness of any county, city, or town, nor lend its credit to
the same; but this section shall not prevent a county, city or town
from perfecting a subscrij^tion to the capital stock of a railroad com-
pany authorized by existing charter conditioned upon the affirmative
vote of the voters and freeholders of such count^^ city or town in
favor of such subscription : provided, that such vote be had prior to
July first, nineteen hundred and three.
Sec. 18G. All taxes, licenses, and other revenue of the State, shall
be collected by its proper officers. and paid into the State treasury.
Xo money shall be paid out of the State treasury except in pursuance
of appropriations made by law ; and no such appropriation shall be
made which is payable more than two years after the end of the
session of the General Assembly, at which the law is enacted au-
thorizing the same; and no appropriation shall be made for the
payment of any debt or obligation created in the name of the State
during the war between the Confederate States and the United
States. Nor shall any county, city, or town pay any debt or obliga-
tion created by such county, city, or town in aid of said war.
Sec. 187. The General Assembly shall provide and maintain a
sinking fund in accordance with the provisions of section Ten of the
act, approved February the twentieth, eighteen hundred and ninety-
tAvo, entitled " an act to provide for the settlement of the public debt
of Virginia not funded under the provisions of an act entitled an
act to ascertain and declare Virginia's equitable share of the debt
created before, and actually existing at the time of the partition of
her territorj?^ and resources, and to provide for the issuance of bonds
covering the same, and the regular and prompt paj^ment of the inter-
est thereon, approved February the fourteenth, eighteen hundred
and eighty-two." Every law hereafter enacted by the General
Assembly, creating a debt or authorizing a loan, shall provide for
the creation and maintenance of a sinking fund for the payment or
redemption of the same.
Sec. 188. No other or greater amount of tax or revenue shall, at
any time, be levied than may be required for the necessary expenses
of the government, or to pay the indebtedness of the State.
Sec. 189. On all lands and the improvements thereon, and on ail
tangible personal property, not exempt from taxation by the pro-
visions of this article, the rate of State taxation shall be twenty
3954 Virginia— 1902
cents on every hundred dollars of the assessed value thereof, the pro-
ceeds of which shall be applied to the expenses of the government
and the indebtedn^ess of the State, and a further tax of ten cents on
every hundred dollars of the assessed value thereof, which shall be
applied to the support of the public free schools of the State; pro-
vided, that after the first day of January, nineteen hundred and
seven, the tax rate upon said real and personal property, for such
purjDoses shall be i:)rescribed by law. But the General Assembly
during .such period of four years, in addition to making annually an
appropriation for pensions not to exceed the last appropriation made
for such purpose prior to September the thirtieth, nineteen hundred
and one, may levy annually, a special tax for pensions, on such real
and personal property of not exceeding live cents on the hundred
dollars of the assessed value thereof.
Artulk XIV
MISC'KLLA N K( )l : S 1>R( )V ISI ( )N S
HOMKSTKAI) AM) OTUKK KXK.M I'TIONS
Sec. 11)0. Every householder or head of a family shall be entitled,
in addition to the articles now exempt from levy or distress for rent,
to hold exempt from levy, seizure, garnishment, or sale under any exe-
cution, order, or other i)rocess issued on any demand for a debt here-
after contracted, his real and personal property, or either, including
money and debts due him, to the value of not exceeding two thousand
dollars, to be selected by him : provided, that such exemption shall
not extend to any execution, order, or other process issued on any
demand in the following cases :
First. For the purchase price of said property, or any part thereof.
If the property purchased, and not paid for, be exchanged for, or
converted into, other ])roperty by the debtor, such last-named prop-
erty shall not be exempted from the payment of such unpaid pur-
chase money under the provisions of this.article;
Second. For services rendered by a laboring person or mechanic;
Third. For liabilities incurred by any public officer, or officer of a
court, or any fiduciary, or any attorney-at-law for money collected ;
Fourth. For a lawful claim for any taxes, le^^es, or assessments
accruing after the first dav of June, eighteen hundred and sixtv-six;
Fiftli: For rent ; '
Sixth. For the legal taxable fees of any public officer or officers of
a court.
Sec. 191. The said exemption shall not be claimed or held in a
shifting stock of merchandise, or in any property, the conveyance of
which by the homestead claimant has been set aside on the ground of
fraud or want of consideration.
Sec. 192. The General Assembly shall prescribe the manner and
the conditions on which a householder or head of a family shall set
apart and hold for himself and family a homestead in any of the
property hereinbefore mentioned. But this section shall not be con-
strued as authorizing the General Assembly to defeat or impair the
benefits intended to be conferred by the provisions of this article.
Virginia— 1902 3955
Sec. 193. Nothing contained in this article shall invalidate any
homestead exemption heretofore claimed under the provisions of the
former Constitution ; or impair in any manner the right of any house-
holder or head of a family existing at the time that this Constitution
goes into effect, to select the exemption, or any part thereof, to which
he was entitled under the former Constitution; provided that such
right, if hereafter exercised, be not in conflict with the exemptions
set forth in sections One Hundred and Ninety and One Hundred
and Ninety-one. But no person who has selected and received the
full exemption allowed by the foi'mer Constitution shall be entitled
to select an additional exemj^tion under this Constitution; and no
person who has selected and received part of the exemption allowed
by the former Constitution shall be entitled to select an additional
exemption beyond the difference between the value of such part and a
total valuation of two thousand dollars. So far as necessary to
accomplish the purposes of this section the provisions of chapter One
Hundred and Seventy-eight of the Code of Virginia, and the acts
amendatory thereof, shall remain in force until repealed by the Gen-
eral Assembly. The provisions of this article shall be liberally
construed.
Sec. 194. The General Assembly is hereby prohibited from passing
any law staying the collection of debts, commonly known as " stay
laws " ; but this section shall not be construed as prohibiting any legis-
lation which the General Assembly may deem necessary to fully
carry out the provisions of this article.
HEIRS OF PROPERTY
Sec. 195. The children of j^arents, one or both of whom were slaves
at and during the period of cohabitation, and who were recognized
by the father as his children, and whose mother was recognized by
such father as his wife, and was cohabited with as such, shall be
as capable of inheriting any estate whereof such father may have
died seised, or possessed, or to which he was entitled, as though they
had been born in lawful wedlock.
Article XV
' FUTURE CHANGES IN THE CONSTITUTION
Sec. 196. Any amendment or amendments to the Constitution may
be proposed in the Senate or House of Delegates, 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 ayes and noes taken thereon, and
referred to the General Assembly at its first regular session held after
the next general election of members of the House of Delegates, and
shall be published for three months previous to the time of such
election. If, at such regular session the proposed amendment or
amendments shall be agreed to by a majority of all the members
elected to each house, then it shall be the duty of the General As-
sembly to submit such proposed amendment or amendments to the
people, in such manner and at such times as it shall prescribe; and if
the people shall approve and ratify such amendment or amendments
3956 Virginia— 1902
by a majority of the electors, qualified to vote for members of the
General Assembly, voting thereon, such amendment or amendments
shall become part of the Constitution.
Sec. 197. At such time as the General Assembly may provide, a
majority of the members elected to each house being recorded in the
affirmative, the question, " shall there be a convention to revise the
Constitution and amend the same '"? shall be submitted to the electors
qualified to vote for members of the General Assembly ; and in case
a majority of the electors so qualified, voting- thereon, shall vote in
favor of a convention for such purpose, the General Assembly, at
its next session, shall provide for the election of delegates to such
convention ; and no convention for such purpose shall be otherwise
called.
Schedule
That no inconvenience may arise from the adoption of this Con-
stitution, and in order to provide for carrying it into complete opera-
tion, it is hereby ordained that :
Section 1. The connnon law and the statute laws in force at the
time this Constitution goes into etfect, so far as not repugnant thereto
or repealed thereby, .shall remain in force until they expire by their
own limitation, or are altered or repealed by the General Assembly.
Sec. 2. All ordinances adopted by this Convention, and appended
to the official draft of the Constitution delivered to the Secretar}?^ of
the Commonwealth, shall have the same force and effect, as if they
were parts of this Constitution.
Sec. 3. PLxcept as modified by this Constitution, all writs, actions
and causes of action, prosecutions, rights of individuals, of bodies
corporate or jwlitic, and of the State, shall continue. All legal pro-
ceedings, civil and criminal, pending at the time this Constitution
goes into effect, or instituted prior to the first day of February,
nineteen hundred and four, in any county or circuit court as now
existing, shall be prosecuted therein : provided, that all such matters,
Avhich are not finally terminated before the day last above mentioned,
shall, on that date, by operaton of this Constitution and Schedule,
be transferred to the circuit court of the county or city created
under this Ccmstitution, and shall be proceeded with therein. All
such matters j^ending in the city courts, preserved by this Con-
stitution, when the same goes into effect, or thereafter instituted
therein, shall continue in said courts, and be therein proceeded with,
until otherwise provided by law. All matters before justices of the
peace or police justices at the time this Constitution goes into effect,
shall be proceeded Avith before them, until otherwise provided by
law. All legal proceedings prosecuted after this Constitution goes
into effect, Avhether in any of the courts now existing, or in those
created by this Constitution, shall be proceeded with in the manner
now or hereafter provided by law, except as otherwise required by
this Constitution.
Sec. 4. All taxes, fines, penalties, forfeitures and escheats, accrued
or accruing to the Commonwealth, or to any political subdivision
thereof, under the present Constitution, or under the laws now in
force, shall, under this Constitution, enure to the use of the Common-
wealth, or of such subdivision thereof.
I
Virginia— 1902 3957
Sec. 5. All recognizances, and other obligations, and all other
instruments entered into or executed before the adoption of this
Constitution, or before the complete organization of the departments
thereunder, to the Commonwealth, or to any county, or political
subdivision thereof, city, town, board, or other public corporation,
or institution therein, or to any public officer, shall remain binding
and valid, and rights and liabilities thereunder shall continue and
may be enforced or prosecuted in the courts of this State as now or
hereafter provided by law.
Sec. G. From the day this Constitution goes into effect, the present
judges of the Supreme Court of Appeals, or their successors then in
office, shall be the judges of the Supreme Court of Appeals created
by this Constitution, and continue in office, unless sooner removed,
until February the first, nineteen hundred and seven. The jurisdic-
tion of the court shall be as now or hereafter provided by law, subject
to the i^rovisions of this Constitution. All proceedings, then pend-
ing in the court as now organized, shall, by virtue of this Constitu-
tion, be transferred to and disposed of by the court created by this
Constitution.
Sec. T. The present judicial system of county and circuit courts
of the Commonwealth is continued, and the terms of the several
judges thereof, with the powers and duties now possessed by them
respectively, are continued, until the first day of February, nineteen
dundred and four, as if this Constitution had not been adopted; on
which day the judicial system of circuit courts created by this Con-
stitution shall go into operation. The terms of the judges of the
city courts, as preserved by this Constitution, of the cities of Alex-
andria, Charlottesville, Danville, Fredericksburg, Lynchburg, Peters-
burg, Norfolk, Portsmouth, Richmond, Staunton, Manchester, Roan-
oke, Winchester, and Newport News, shall continue until the first
day of February, nineteen hundred and seven; and the terms of
the judges of the city courts, as preserved by this Constitution, of
the cities of Bristol, Radford and Buena Vista, shall continue until
the first day of February, nineteen hundred and four, unless the
said courts shall be sooner abolished. The privilege now allowed
by statute to judges of county courts and to judges of certain city
courts to practice law, shall continue during the terms of the judges
whose terms are continued by this Schedule, unless otherwise pro-
vided by law.
Sec. 8. The terms of the clerks of the county and circuit courts now
in office, or their successors, shall continue until the first day of Feb-
ruary, nineteen hundred and four; and thereupon, the several clerks
of the county courts in those counties in which such clerks are now
ex-officio clerks of the circuit courts of said counties shall be and
become the county clerks of their respective counties, and the clerks
of all the other county courts of the State, except the counties of
Accomac, Augusta, Bedford, Campbell, Elizabeth City, Fairfax,
Lee, Loudoun, Hanover, Henrico, Rockingham, Nansemond, South-
ampton, Pittsylvania, Nelson, and Wythe, and, as such, the clerks of
the circuit courts created therefor by this Constitution, and shall
hold office as such until the first day of January, nineteen hundred
and six, unless sooner removed, and their successors shall be elected on
Tuesday after the first Monday in November, nineteen hundred and
7535— VOL 7—09 12
3958 Virginia— 1902
five ; provided, that the first term of the clerks so elected be for six
years. In the counties of Accomac, Augusta, Bedford, Campbell,
Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rocking-
ham, Nansemond, Southampton, Pittsylvania, Nelson, and Wythe,
in which there are now separate clerks for the county and circuit
courts thereof, there shall be elected on Tuesday after the first Mon-
day in November, nineteen hundred and three, county clerks for such
counties. The terms of the clerks now in office, or their successors, of
the several city courts preserved by this Constitution, shall continue
until the first day of January, nineteen hundred and seven ; and their
successors shall be elected on Tuesday after the first Monday in
November, nineteen hundred and five ; but if any of such city courts
shall be sooner abolished as provided in this Constitution or by law,
then the term of the clerk of any such court shall thereupon
determine.
Sec. 9. The first election of the Governor and of all officers required
by this Constitution, to be chosen by the qualified voters of the State
at large, shall be held on the Tuesday after the first Monday in
November, nineteen hundred and five, and their terms of office shall
begin on the first day of PVbruary following their election. The
present incumbents of said offices, or their successors, shall continue
in office until the last-named day.
Sec. 10. The first election of members of the House of Delegates,
and of all county and district officers, to be elected by the people
under this Constitution, except as otherwise provided in this Sched-
ule, shall be held on Tuesday after the first Monday in November,
in the year nineteen hundred and three ; and the terms of office of the
several officers elected at that or any subsequent election shall begin
on the first day of January, next after their election, except as other-
wise provided in this Constitution or in this Schedule. And the
terms of the office of the sheriff, Connnonwealth's attorney, treasurer,
connnissioners of the revenue, superintendents of the poor, super-
visors of the several counties, justices of the peace, and overseers of
the poor, and of any incumbent of any other county or district office
not abolished by this Constitution, nor herein specifically mentioned,
now in office, or their successors, or whose terms of office shall begin
on the first day of July, nineteen hundred and two, are continued
until January the first, nineteen hundred and four.
The terms of the present members of the House of Delegates, and
the terms of the Senators now in office, or (in case of vacancies
therein), their successors, representing the senatorial districts bear-
ing even numbers, are extended until the second Wednesday in Janu-
ary, nineteen hundred and four ; provided, that the term of the sena-
tor, now residing in the ctiy of Richmond, who by the provisions of
the apportionment act, approved April the second, nineteen hundred
and two, is continued in office as one of the senators from the thirty-
eighth senatorial district thereby created, be extended until the sec-
ond Wednesday in January, nineteen hundred and six. The terms
of the senators now in office, or (in case of vacancies therein), their
successors, representing the senatorial districts bearing odd numbers
are extended until the second Wednesday in January, nineteen hun-
dred and six.
Virginia— 1902 3959
In the senatorial districts bearing even numbers, there shall be
elected, on the Tuesday after the first Monday in November, nine-
teen hundred and three, for a term of four years, to begin on the sec-
ond Wednesday in January succeeding their election, members of the
Senate to represent such districts ; in the senatorial districts bearing
odd numbers, and in the city of Richmond to fill the vacancy, which
Avill, as above provided, occur on the second Wednesday in January,
nineteen hundred and six, there shall be elected, on the Tuesday after
the first Monday in November, nineteen hundred and five, for a term
of two years, to begin on the second Wednesday in January succeed-
ing their election, members of the Senate to represent such districts;
and on the Tuesday after the first Monday in November, nineteen
hundred and seven, there shall be elected, for the term of four years, to
begin on the second Wednesday in January succeeding their election,
a senator from each senatorial district in the State.
Sec, 11. All other State, county, and district officers, and their suc-
cessors, who may be in office at the time this Constitution goes into
effect, except the Auditor of Public Accounts, the Second Auditor,
the Register of the Land Office, the Superintendent of Public Print-
ing, the Commissioner of Labor and Industrial Statistics, Railroad
Commissioner, notaries public, the Adjutant-General, the Superin-
tendent and the Surgeon of the Penitentiary, the Manager and the
Surgeon of the State Prison Farm, the superintendents of the several
State hosj^itals, and the school superintendents for counties and cities,
and school trustees, shall, unless their respective offices be abolished,
or unless otherwise provided by this Constitution or Schedule, hold
their respective offices, and discharge the respective duties and exer-
cise the respective powers thereof, until January the first, nineteen
hundred and four. The terms of the present incumbents in the offices
of Auditor of Public Accounts, Second Auditor, Register of the Land
Office, Superintendent of Public Printing, and Commissioner of
Labor and Industrial Statistics, shall continue until March the first,
nineteen hundred and four. The term of the Railroad Commissioner
shall end as soon as the State Corporation Commission shall be
organized. Notaries public shall continue in office until their respec-
tive commissions sliall expire. The term of the office of Adjutant-
General shall expire March the first, nineteen hundred and six. The
Superintendent and the Surgeon of the Penitentiary, the Manager
and the Surgeon of the State Prison Farm, the superintendents of the
several State hospitals, shall continue in office until their successors
shall be appointed by the respective boards empowered under this
Constitution to make the several appointments. The school superin-
tendents for counties and cities shall remain in office for their respec-
tive terms, and until their successors are appointed. School trustees
now in office, or their successors, shall remain in office until otherwise
provided by law. Electoral boards with the powers conferred by
existing laws, except the appointment of registrars, shall remain in
office until March the first, nineteen hundred and four.
Sec. 12. The terms of the State Board of Education, the State Cor-
poration Commission and the Board of Agriculture and Immigration,
the directors of public institutions and prisons, and of each State
hospital, and the Commissioner of State Hospitals, to be first elected,
3960 Virginia— 1902
or appointed, under this Constitution, shall begin on March the first,
nineteen hundred and three. The board of any of the above-named
departments and institutions as now constituted shall continue until
the boards created under this Constitution for such departments and
institutions respectively are duly organized. And the terms of the
members of the Board of Fisheries are continued until March the first,
nineteen hundred and six. The terms of the trustees or visitors of
the State educational institutions, and other honorary appointments
made by the Governor, are continued until otherwise provided by law.
Sec. 13. Charters of incorporation may, until the first day of April,
nineteen hundred and three, be gi-anted or amended by the courts of
the State in accordance Avith the laws in force when this Constitution
goes into effect, unless the General Assembly shall sooner provide for
the creation of corporations as required by this Constitution.
Sec. 14. The terms of all officers elected by the qualified voters of a
city, and of their successors, in office at the time this Constitution goes
into effect, or whose terms of office begin on the first day of July,
nineteen hundred and two, except the terms of maA^ors, of members
of city councils and of the clerks of city courts, are continued until
January the first, nineteen hundred and six; and their successors
shall be elected on the Tuesday after the first Monday in November,
nineteen hundred and five. The terms of all city officers, not so
elected, shall (\\pire as pr()vide<l in the charters of the several cities,
or as may be provided by law.
Sec. 15. Until otherwise provided by law, the mayors of the several
cities shall continue in office until September the first, nineteen hun-
dred and four, and their successors shall be elected the second Tues-
day in June, nineteen hundred and four. Until otherwise provided
by law, the members of the several city councils shall continue in
office for the terms prescribed in the charters of their respecti^^e cities,
except that Avhere their terms are prescribed as ending on the first
day of July of any year, they shall be extended until the first day of
September following.
Sec. 16. Vacancies in any office, the term of which is confirmed or
extended by this Schedule, occurring during such term or extension
thereof, shall be filled in the manner prescribed by law.
Sec. 17. All officers, whose terms of office are extended by this
Schedule, required by laAv or municipal ordinance to give bond for
the faithful discharge of the duties of their resj^ectiA'e offices, shall,
prior to the ex})iration of the terms for which they Avere respectiA^ely
chosen, before the court or other authority before Avhom such officer
was required by law or municipal ordinance to give such bond, enter
into a neAv bond, in the same penalty and Avith such security as was
prescribed by law or municipal ordinance in respect to his former
bond, and with like conditions as therein prescribed, for the faithful
discharge of the duties of his office for the extended term herein pro-
vided for. and until his successor shall haA^e been duly chosen, and
shall haA^e qualified according to laAv. Upon failure to giA'e such bond
within the time above prescribed, the office shall, upon the expiration
of the term for which the incumbent thereof Avas chosen, become
A^acant.
Sec. 18. In all elections held after this Constitution goes into effect,
the qualifications of electors shall be those required by Article Two of
this Constitution.
Virginia— 1902 3961
Sec. 19. The General Assembly which convened on the first Wednes-
day in December, nineteen hundred and one, shall be called by the
Govej-nor to meet in session at the Capitol at twelve o'clock M., on
Tuesday, the fifteenth day of July, nineteen hundred and two. It
shall be vested with all the powers, charged with all the duties, and
subject to all the limitations prescribed by this Constitution in refer-
ence to the General Assembly, except as to the limitation upon the
period of its session, qualifications of members, and as to the time at
which any of its acts shall take efi'ect; but the ineligibility of the
members thereof to be elected to any other office during their terms as
members of the General Assembly shall be such as is imposed by this
Constitution. The said General' Assembly shall elect judges for all
of the circuit courts provided for in this Constitution, and also of the
corporation courts for Bristol, Radford, and Buena Vista, unless said
city courts are sooner abolished.
Sec. 20. The said General Assembly shall enact such laws as may
be deemed proper, including those necessary to put this Constitution
into complete operation; to confirm those officers whose appointment
is made by this Constitution subject to confirmation by the General
Assembly or either house thereof; and to transact other proper busi-
ness; and such session shall continue so long as may be necessary.
The members shall receive for their services four dollars per day, for
the time when the General Assembly is actually in session, including
Sundays and recesses of not exceeding five days, and the mileage pro-
vided by law ; the Speaker of the House of Delegates and President
of the Senate shall each receive seven dollars per day for the same
period and the mileage provided by law; and the other officers and
employees shall receive such comj^ensation for their services as the
General Assembly maj^ prescribe. Provision may be made for com-
pensation at said rate of four dollars j^er day of members of legisla-
tive committees which may sit during any recess of said session.
Sec. 21. The compensation and duties of the Clerk of the House of
Delegates and of the Clerk of the Senate shall continue as now fixed
by law until the first of January, nineteen hundred and three, after
which date their compensation shall be as prescribed by section Sixty-
six of this Constitution.
Sec. 22, AMien the General Assembly convenes on the fifteenth day
of July, nineteen hundred and two, its members and officers, before
entering upon the discharge of their duties, shall severally take and
subscribe the oath or affirmation prescribed by section Thirty-four of
the Constitution. And not later than the twentieth day of July,
nineteen hundred and two, the Governor and all other executive
officers of the State, whose offices are at the seat of government, and all
judges of courts of record, shall severally take and subscribe such oath
or affirmation ; and upon the failure of any such officer, executive or
judicial, to take such oath by the day named, his office shall thereby
become vacant. Such oaths or affirmations shall be taken and sub-
scribed before any person authorized by existing laAvs to administer
an oath. The Secretary of the Commonwealth shall cause to be
printed the necessary blanks for carrying into effect this provision,
and the said oaths and affirmations so taken and subscribed, except of
the members and officers of the General Assembly, shall be returned
to and filed in his office ; and those taken by the members and officers
3962 Virginia~1902
of the General Assembly shall be preserved in the records of the
respective houses.
Sec. 28, The official copy of the Constitution and Schedule, ajid of
any ordinance adopted by the Convention, shall, as soon as they shall
be enrolled, be signed by the President and attested by the Secretary
of the Convention, and the President will thereupon cause the same to
be delivered to the Secretary of the Commonwealth, who will file and
preserve the same securel}^ among the archives of the State in his
custody.
The Secretary of the Commonwealth will cause the Constitution,
Schedule, and said ordinances to be transcribed in a book to be jDro-
vided for the purpose and safely kept in his office.
The Secretary of the Convention will immediately upon the adop-
tion of this Schedule, deliver a certified copy of the Constitution and
Schedule, and of said ordinances, to the (Governor of the Connnon-
wealth.
Sec. 24, The (jovernor is authorized and directed to immediately
issue his proclamation announcing that this revised and amended
Constitution has been ordained by the people of Virginia, assembled
in Convention, through their representatives, as the Constitution for
the government of the people of the State, and will go into effect as
such, subject to the provisions of the Schedule annexed thereto, on the
tenth day of July, nineteen hundred and two, at noon, and calling
upon all the pe()])le of Virginia to render their true and loyal support
to the same, as the organic law of the Commonwealth.
Sec. 25. This Constitution shall, except as is otherwise provided in
the Schedule, go into effect on the tenth day of July, nineteen hundred
and tAvo, at noon.
This Schedule shall take effect from its passage.
WASHINGTON
For organic acts relating to the land now included within Washington see
in this worlj; :
Convention with Great Britain, 1818 (Oregon, p. 2983).
Convention with Russia, 1824 (Oregon, p. 2983).
Treaty with Great Britain, 1846 (Oregon, p. 2985).
Territorial Government of Oregon, 1848 (Oregon, p. 2986).
Enabling Act for Washington, 1889 (Montana, p. 2289).
THE TERRITORIAL GOVERNMENT OF WASHINGTON— 1853 -»
[Thirty-second Congress, Second Session]
An Act to establish the Territorial Government of Washington
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That from and
after the passage of this act, all that portion of Oregon Territory
lying and being south of the forty-ninth degree of north latitude,
and north of the middle of the main channel of the Columbia River,
from its mouth to where the forty-sixth degree of north latitude
crosses said river, near Fort Walla walla, thence with said forty-sixth
degree of latitude to the summit of the Rocky Mountains, be organized
into and constitute a temporary government by the name of the Ter-
ritory of Washington : Provided, That nothing in this act contained
shall be construed to affect the authority of the government of the
United States to make any regulation respecting the Indians of said
Territory, their lands, property, or other rights, by treaty, law, or
otherwise, wdiich it would have been competent to the government to
make if this act had never been passed : Provided, further. That the
title to the land, not exceeding six hundred and forty acres, now
1 For other statutes of an organic nature relating to Washington subse-
quent to 1853, see the act to prohibit slavery in, act of June 19, 1862 ; to empower
legislature to arrange .iudicial districts, February 9, 1863; to regulate gover-
nor's veto power, June 17. 1864; to regulate sessions of legislature and pay of
members, June 29, 1866 ; to regulate elective franchise in, January 25, 1867 ;
to prohibit special acts of incorporation. March 2, 1867; to disapprove act of
territorial legislature redistricting the territory, July 27, 1868 ; to regulate
elections in, March 3, 1869 ; to regulate elections in. May 9, 1872 ; to impower
legislature to pass general laws for the incorporation of certain companies,
June 10, 1872 ; to limit the duration of legislative sessions and to fix the pay of
members, January 23, 1873 ; to amend certatin provision of Revised Statutes
concerning, .Tune 29, 1876 ; to fix number of members and compensation of each
house of legislature, June 19, 1878. June 27, 1879 ; to reorganize the courts and
appoint an additional justice, July 4. 1884 ; to extend jurisdiction of justices
of the peace. January 28, 1885 ; to limit legislature's power to pass special acts
of incorporation, March 3. 1885 ; to prohibit various forms of special legislation,
July 30, 1886 ; to permit erection of counties, July 19, 1888.
3963
3964 Washington— 1853
occupied as missionary stations among the Indian tribes in said Ter-
ritory, or that may have been so occupied as missionary stations prior
to the passage of" the act establishing the Territorial government of
Oregon, together with the improvements thereon, be, and is hereby,
confirmed and established to the several religions societies to which
said missionary stations respectively belong.
Sec. 2. And he it furtlier enacted^ That the executive power and
authority in and over said Territory of Washington shall be vested
in a governor, who shall hold his office for four years, and until his
successor shall be appointed and qualified, unless sooner removed by
the President of the United States. The governor shall reside in
said Territory, shall be the commander-in-chief of the militia thereof,
shall perform the duties and receive the emoluments of Superintend-
ent of Indian affairs; he may grant pardons and remit fines and for-
feitures for offences against the laws of said Territory, and respites
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 Avho shall be appointed to office under the laws of the said
Territory, where, by law, such commission shall be required, 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, miless sooner removed by the President of the Unitecl
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 journals of the Legislative Assem-
bly within thirty days after the end of each session, and one copy of
the executive proceedings and official correspondence semi-anmially,
on the first days of January and July in each year, to the President
of the United States, and two copies of the laws to the President of
the Senate and to the Speaker of the House of Representatives, for
the use of Congress. And in case of the death, removal, resignation,
or absence of the Governor from the Territory, the Secretary' shall be,
and he is hereby, authorized and required to execute and perform all
the powers and duties of the Governor during such vacancy or
absence, or until another Governor shall be duly appointed and
qualified to fill such vacancy.
Sec. 4. And he it further enacted., That the Legislative power and
authority of said Territory shall be vested in a Legislative Assembly,
which shall consist of a Council and House of Eepresentatives. The
Council shall consist of nine members, having the qualification of
voters, as hereinafter prescribed, whose term of service shall continue
three years. Immediately after they shall be assembled, in conse-
quence of their first election, they shall be divided as equally as may
be into three classes. The seats of the members of Council of the
first class, shall be vacated at the expiration of the first year, of the
second class at the expiration of the second year, and of the third
class at the expiration of the third year, so that one third may be
chosen every year ; and if vacancies happen, by resignation or other-
wise, the saine shall be filled at the next ensuing election. The House
of Representatives shall, at its first session, consist of eighteen mem-
bers, possessing the same qualifications as prescribed for members of
Washington— 1853 3965
the Council, -and whose term of service shall continue one year. The
number of representatives may be increased by the Legislative Assem-
bly, from time to time, in proportion to the increase of qualified
voters: Provided., That the whole number shall never exceed thirty.
An apj)ortionment shall be made, as nearly equal as practicable, among
the several counties or districts, for the election of the Council and
Representatives, giving to each section of the Territory representation
in the ratio of its qualified voters, as nearly as may be. And the
members of the Council and of the House of Representatives shall
reside in, and be inhabitants of, the district or county or counties, for
which they may be elected, respectively. Previous to the first elec-
tion, the Governor shall cause a census or enumeration of the inhabit-
ants and qualified voters of the several counties and districts of the
Territory to be taken, by such persons, and in such mode, as the
Governor shall designate and appoint; and the persons so appointed
shall receive a reasonable compensation therefor. And the first elec-
tion shall be held at such time and places, and be conducted in such
manner, both as to the persons who shall superintend such election
and the returns thereof, as the Governor shall appoint and direct;
and he shall at the same time declare the number of members of the
Council and House of Representatives to which each of the counties
or districts shall be entitled under this act; and the Governor shall,
by his proclamation, give at least sixty days' previous notice of such
apportionment, and of the time, places, ancl manner of holding such
election. The persons having the highest number of legal votes in
each of said council districts for members of the Council shall be
declared by the Governor to be duly elected to the Council, and the
persons having the highest number of legal votes for the House of
Representatives shall be declared by the Governor to be duly elected
members of said House: Provided^ That in case two or more persons
voted for shall have an equal number of votes, and in case a vacancy
shall otherwise occur in either branch of the Legislative Assembly,
the Governor shall order a new election ; and the persons thus elected
to the Legislative Assembly shall meet at such place, and on such
day, within ninety days after such election, as the (lovernor shall
appoint. But thereafter the time, place, and manner of holding and
conducting all elections by the peoj^le, and the apportioning the
representatives in the several counties or districts to the Council and
House of Representatives, according to the number of qualified voters,
shall be prescribed by law, as well as the day of the commencement
of the regular session of the Legislative Assembly: Provided, That
no session in any one year shall exceed the term of sixty days, except
the first session, which shall not exceed one hundred days.
Sec. 5. And he it further enacted, That every white male inhabit-
ant above the age of twenty-one years, who shall have been a resi-
dent of said Territory at the time of the passage of this act, and
shall possess the qualifications hereinafter prescribed, shall be entitled
to vote at the first election, and shall be eligible to any office within
the said Territory; but the qualifications of voters and of holding
office at all subsequent elections shall be such as shall be prescribed by
the Legislative Assembly : Provided, That the right of suffrage and
of holding office shall be exercised only by citizens of the United
States above the age of twenty-one years, and those above that age
3966 Washington— 185S
who shall have declared on oath their intention to become such, and
shall have taken an oath to support the Constitution of the United
States and the provisions of this act: And provided further^ That
no officer, soldier, seaman, mariner, or other person in the army or
navy of the United States, or attached to troops in the service of the
United States, shall be allowed to vote in said Territory, by reason
of being on service therein, unless said Territory is, and has been for
the period of six months, his permanent domicil: Prodded further^
That no person belono-ing to the army or navy of the United States
shall ever be elected to or hold any civil office or appointment in said
Territory.
Sec, 6. And he it farther enacted, That the Legislative power of
the Territory shall extend to all rightful subjects of legislation not
inconsistent with the Constitution and laws of the United States.
But no law shall be passed interfering with the primary disposal of
the soil ; no tax shall be imposed upon the property of the United
States; nor shall the lands or other property of non-residents be
taxed higher than the lands or other property of residents. All the
laws passed by the Legislative Assembly shall be submitted to the
Congress of the United States, and, if disapproved, shall be null and
of no effect : Provided, That nothing in this act shall be construed to
give ]:)Ower to incorporate a bank or any institution with banking
powers, or to borrow nu)ney in the name of the Territory, or to pledge
the faith of the people of the same for any loan whatever, directly or
indirectly. Xo charter granting any privileges of making, issuing, or
putting into circulation any notes or bills in the likeness of bank-
notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or
granting any other banking powers or privileges, shall be passed by
the Legislative Assembly; nor shall the establishment of any branch
or agency of any such corporation, derived from other authority, be
allowed in said Territory; nor shall said Legislative Assembly
authorize the issue of any obligation, scrip, or evidence of debt, by
said Territory, in any mode or manner whatever, except certificates
for service to said Territory. And all such laws, or any law or laAvs
inconsistent with the provisions of this act, shall be utterh^ null and
void. And all taxes shall be equal and uniform ; and no distinctions
shall be made in the assessments between different kinds of property,
but the assessments shall be according to the value thereof. To avoid
improper influences, which may result from intermixing in one and
the same act such things as have no proper relation to each other,
everv law shall embrace but one object, and that shall be expressed in
the title.
Sec. 7, And he it fvrthcr enacted. That all township, district, and
county officers not herein otherwise provided for, shall be appointed
or elected in such manner as shall be provided by the Legislative
Assembly of the Territory of Washington.
Sec. 8. And he it further enacted, That no member of the Legis-
lative Assembly shall hold or be appointed to any office which shall
have been created, or the salary or emoluments of which shall have
been increased Avhile he was a member, during the term for which
he was elected and for one year after the expiration of such term;
but this restriction shall not be applicable to members of the first
Washington— 185S 3967
Legislative Assembly; and no person holding a commission or ap-
pointment under the United States shall be a member of the Legis-
lative 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 con-
sist of a chief justice and two associate justices, any two of whom
shall constitute a quorimi, and who shall hold a term at the seat of
government of said Territory annually, and they shall hold their
offices during the period of four years, and until their successor shall
be appointed and qualified. The said Territory shall be divided into
three judicial districts, and a district court shall be held in each of
said districts by one of the justices of the supreme court, at such
times and places as may be prescribed by law ; and the said judges
shall, after their appointments, respectively reside in the districts
which shall be assigned them. The jurisdiction of the several courts
herein provided for, both appellate and original, and that of the
probate courts and of justices of the peace, shall be as limited by
law: Prooided^ That justices of the peace shall not have jurisdic-
tion of any case in which the title to land shall in any wise come in
question, or where the debt or damages claimed shall exceed one
hundred dollars; and the said supreme and district courts, respec-
tively shall possess chancery as well as common-law jurisdiction.
Each district court, or the judge thereof, shall appoint its clerk, who
shall also be the register in chancery, and shall keep his office at the
place where the court may be held. Writs of error, bills of excep-
tion, and appeals, shall be allowed in all cases from the final decisions
of said district court to the supreme court under such regulations as
may be prescribed by law; but in no case removed to the supreme
court shall trial by jury be allowed in said court. The supreme
court, or the justices thereof, shall ajDpoint 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 court of the
United States, where the value of the property, or the amount in con-
troversy, to be ascertained by the oath or affirmation of either party,
or other competent witness, shall exceed two thousand dollars, and
in all cases where the constitution of the United States, or acts of
Congress, or a treaty of the United States, is brought in question;
and each of the said district courts shall have and exercise the same
jurisdiction in all cases arising under the constitution of the United
States and the laws of said Territory, as is vested in the circuit and
district courts of the United States ; 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. 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 as
from the circuit courts of the United States, where the value of the
property, or the amount in controversy, shall exceed two thousand
3968 Washington— 1853
dollars, and each of 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 also of all cases arising under the
laws of said Territory, and otherwise. The said clerk shall receive
in all such cases the same fees which the clerks of the district courts
of the Territory of Oregon receive for similar services.
Sec. 10. And he it further enacted, That there shall be aj^pointed
an attorney for said Territory, who shall continue in office for four
years and until his successor shall be appointed and qualified, unless
sooner removed by the President, and who shall receive the same
fees and salary as is provided by law for the attorney of the United
States for the Territory of Oregon. There shall also be a marshal
for the Territory appointed, who shall hold his office for four years
and until his successor shall be appointed and qualified, unless sooner
removed by the President, and who shall execute all processes issuing
from the said courts when exercising their jurisdiction as circuit and
district courts of the United States; he shall perform the duties, be
subject to the same regulation and penalties, and be entitled to the
same fees, as are provided by law for the marshal of the Territory
of Oregon, and shall, in addition, be paid the sum of two hundred
dollars annually as a compensation for extra services.
Sec. 11. And he it further enacted, That the governor, secretary,
chief justice, and associate justices, attorney, and marshal, shall be
nominated, and, by and with the advice and consent of tlie 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 in force therein,
or before the chief justice or some associate justice of the supreme court
of the United States, to support the constitution of the United States,
and faithfully to discharge the duties of their respective offices, which
said oaths, when so taken, shall be certified by the person before whom
the same shall have been taken ; and such certificates shall be received
and recorded by the said Secretary among the executive proceedings ;
and the Chief Justice and Associate Justices, and all 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 com-
missioned and qualified, which said oath or affirmation shall be cer-
tified and transmitted, by the person taking the same, to the Secretary,
to be by him recorded as aforesaid; and afterwards, the like oath
or affirmation shall be taken, certified and recorded in such manner
and form as may be prescribed by law. The Governor shall receive
an annual salary of fifteen hundred dollars as Governor, and fifteen
hundred dollars as Superintendent of Indian affairs. The Chief
Justice, and Associate Justices, shall each receive an annual salary
of two thousand dollars. The Secretary shall receive an annual sal-
ary of fifteen hundred dollars. The said salaries shall be paid quar-
terly, from the dates of the respective appointments, at the Treasury
of the United States; but no such payment shall be made until said
officers shall have entered upon the duties of their respective appoint-
ments. The members of the legislative assembly shall be entitled to
Washington— 1853 3969
receive three dollars each per day during their attendance at the ses-
sion thereof, and three dollars each for every twenty miles' travel
in going to and returning from said session, estimated according to
the nearest usually travelled route. And a chief clerk, one assistant
clerk, a sergeant-at-arms, and door-keeper, may be chosen for each
house; and the chief clerk shall receive five dollars per day, and the
said other officers three dollars per day, during the session of the
legislative assembly ; but no other officers shall be paid by the United
States: Provided, That there shall be but one session of the legis-
lative assembly annually, unless, on an extraordinary occasion, the
Governor shall deem it expedient and proper to call the legislature
together. There shall be appropriated, annually, the sum of fifteen
hundred dollars, to be expended by the Governor, to defray the con-
tingent expenses of the Territory, including the salarj^ of a clerk
of the executive department; and there shall also be appropriated,
annually, a sufficient stim to be expended by the Secretary of the Ter-
ritory, and upon an estimate to be made by the Secretary of the
Treasury of the United States, to defray the expenses of the legis-
lative assembly, the printing of the laws, and other incidental ex-
penses; and the Governor and Secretary of the Territory shall, in
the disbursement of all moneys intrusted to them, be governed solely
by the instructions of the Secretary of the Treasury of the United
States, and shall, semi-annually, account to the said Secretary for
the manner in which the aforesaid sums of money shall have been
expended ; and no expenditure, to be paid out of money appropriated
by Congress, shall be made by said legislative assembly for objects
not specially authorized by the acts of Congress making the appro-
priations, nor beyond the sums thus appropriated for such objects.
Sec. 12. And he it further enacted, That the law^s now in force in
said Territory of Washington, by virtue of the legislation of Con-
gress in reference to the Territory of Oregon, which have been enacted
and passed subsequent to the first day of September, eighteen hun-
dred and forty-eight, applicable to the said Territory of Washing-
ton, together with the legislative enactments of the Territory of
Oregon, enacted and i)assed prior to the passage of, and not incon-
sistent with, the provisions of this act, and applicable to the said
Territory of Washington, be, and they are hereby, continued in force
in said Territory of Washington until they shall be repealed or
amended by future legislation.
Sec. 13. And he it further enacted, That the legislative assembly
of the Territory of Washington shall hold its first session at such
time and place in said Territor}^ as the Governor thereof shall appoint
and direct ; and at said first session, or as soon thereafter as they shall
deem expedient, the legislative assembly shall proceed to locate and
establish the seat of government for said Territory, at such place
as they may deem eligible ; which place, however, shall thereafter be
subject to be changed by said legislative assembly. And the sum of
five thousand dollars, out of any money in the Treasury not otherwise
appropriated, is hereby appropriated and granted to said Territory
of Washington, to be there applied by the Governor to the erection
of suitable buildings at the seat of government.
Sec. 14. And be it further enacted, That a delegate to the House of
Kepresentatives of the United States, to serve for the term of two
years, who shall be a citizen of the United States, may be elected by
3970 Washington— 1853
the voters qualified to elect members of the legislative assembly, who
shall be entitled to the same rights and privileges as have been here-
tofore exercised and enjoyed by the delegates from the several other
Territories of the United States to the House of Representatives, but
the delegate first elected shall hold his seat only during the term of
the Congress to which he shall be elected. The first election shall
be held at such time, and places, and be conducted in such manner,
as the Governor shall appoint and direct; of which, and the time,
place, and manner of holding such elections, he shall give at least
sixty days notice by proclamation ; and at all subsequent elections
the time, places, and the manner of holding the election shall be pre-
scribed 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. The delegate from the Territory
shall be entitled to receive the same per diem comiDensation and
mileage at present allowed the delegate from the Territory of Oregon.
Sec. 15. And he it further enaeted, That all suits, jjlaints, process,
and proceedings, civil and criminal, at law and in chancery, and all
indictments and information, which shall be pending and undeter-
mined in the courts established within and for said Territory of
Oregon, by act of Congress, entitled "An act to establish the terri-
torial government of Oregon," aji])rovod August fourteen, one thou-
sand eight hundred and forty-eight, within the venue in said cases,
suits at law, or in chancery, or criminal i^roceedings, shall be included
within the limits hereinbefore declared and established for the said
Territory of Washington; then, and in that case, said actions so
pending in the Supreme or Circuit Courts of the Territory of Oregon
shall be, by the clerks of said courts, duly certified to the proper
courts of said Territory of Washington; and thereupon said causes
shall, in all things concerning the same, be proceeded on, and judg-
ments, verdicts, decrees, and sentences, rendered thereon, in the same
manner as if the said Territory' had not been divided. All bonds,
recognizances, and obligations of ever}^ kind whatsoever, valid, under
the existing hnvs, within the limits of said Territory of Oregon, shall
be held valid under this act, and all crimes and misdemeanors against
the laws now in force within the said limits of the Territory of
Washington may be prosecuted, tried, and punished in the courts
established by this act, and all penalties, forfeitures, actions, and
causes of action, may be recovered and enforced, under this act,
before the Supreme and Circuit Courts established by this act as
aforesaid: Pro rid ed. That no right of action whatever shall accrue
against any person for anv act done in pursuance of any law hereto-
fore passed b}'^ the legislative assembly of the Territorj'^ of Oregon,
and which may be declared contrary to the Constitution or laws of
the United States.
Sec. 16. And he it further emacted^ That all justices of the peace,
constables, sheriffs, and other judicial and ministerial officers, who
shall be in office within the limits of said Territory of Washington
Avhen this act shall take effect, shall be and they are hereby author-
ized and required to continue to exercise and perform the duties of
their respective offices, as officers of said Territory, until they or
others shall be duly elected or appointed, and qualified, to fill their
places in the same manner herein directed, or until their offices shall
be abolished.
Washington— 1889 3971
Sec. 17. And he it further enacted, That the sum of five thousand
dollars be, and the same is hereby, apiDropriated out of any moneys
in the Treasury not otherwise appropriated, to be expended, by and
under the direction of the Governor of Washington, in the purchase
of a library, to be ke2)t at the seat of government for the use of the
Governor, legislative assembly, Judges of the Supreme Court, sec-
retary, marshal, and Attorney of said Territory, and such other per-
sons, and under such regulations, as shall be prescribed by law.
Sec. 18. And he It furthei' enacted, That until otherwise provided
for by law^, the Governor of said Territory may define the judicial
districts of said Territory, and assign the judges who may be ap-
pointed for said Territory to the several districts, and also appoint
the time and places for holding courts in the several counties or sub-
divisions in each of said judicial districts by proclamation, to be
issued by him ; but the legislative assembly, at their first or any sub-
sequent session, may organize, alter, or modify such judicial districts,
and assign the judges, and alter the times and places of holding the
courts, as to them shall seem expedient and proper.
Sec. 19. And he it fio'ther enacted, That all officers to be appointed
by the President, by and with the advice and consent of the Senate,
for the Territory of Washington, who, by virtue of the provisions
of any law of Congress now existing, or which may be enacted
during the present session of Congress, are required to give security
for moneys that may be intrusted with them for disbursement, shall
give such security at such time and place, and in such manner, as
the Secretary of the Treasury may prescribe.
Sec. 20. And he it further enacted, That when the lands in said
Territory shall be surveyed under the direction of the Government
of the United States, preparatory to bringing the same into market
or otherwise disposing thereof, 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 common schools
in said Territory. And in all cases where said sections sixteen and
thirty-six, or either or any of them, shall be occupied by actual set-
tlers prior to survey thereof, the County Commissioners of the
counties in which said sections so occupied as aforesaid are situated,
be, and they are hereby, authorized to locate other lands to an equal
amount in sections, or fractional sections, as the case may be, within
respective counties, in lieu of said sections so occupied as aforesaid.
Sec. 21. And he it further enacted. That the Territory of Oregon
and the Territory of Washington shall have concurrent jurisdiction
over all ofi'ences committed on the Columbia River, where said river
forms a common boundary between said Territories.
Approved, March 2, 1853.
PEOCLAMATION ANNOUNCING ADMISSION OF WASHINGTON—
1889
By the President of the United States of America
A PROCLAMATION
\'\'liereas the Congress of the United States did by an act approved
on the twenty-second day of February one thousand eight hundred
3972 Washington— 1889
and eighty-nine, provide that the inhabitants of the Territory of
Washington might, upon the conditions prescribed in said act, become
the State of Washington ;
And whereas it was provided by said act that delegates elected as
therein provided, to a Constitutional convention in the Territory of
Washington, should meet at the seat of government of said Terri-
tory ; and that, after they had met and organized thev should declare
on behalf of the people of Washington' that they adopt the Constitu-
tion of the United States; whereupon the said convention should be
authorized to form a State Government for the proposed State of
Washington ;
And whereas it was provided by said act that the Constitution so
adopted should be republican in form and make no distinction in
civil or political rights on account of race or color, except as to In-
dians not taxed, and not be repugnant to the Constitution of the
United States and the principles of the Declaration of Independence ;
and that the Convention should by an ordinance irrevocable without
the consent of the United States and the people of said State make
certain provisions prescribed in said act;
And whereas it was provided by said act that the Constitution
thus formed for the ])eople of Washington should, by an ordinary
of the Convention forming the same, be submitted to the people of
Washington at an ek'ction to be held therein on the first Tuesday in
October, eighteen hundred and eighty-nine, for ratihcation or rejec-
tion by the qualified voters of said proposed State; and that the
returns of said election should be made to the Secretary of said Ter-
ritory, who, with the Governor and Chief justice thereof, or any
two of them, should canvass the same; and if a majority of the legal
votes cast should be for the Constitution, the Governor should certify
the result to the President of the United States, together Avith a
statement of the votes cast thereon, and upon separate articles or
propostions and a copy of said Constitution, articles, propositions
and ordinances;
Arid whereas it has been certified to me by the Governor of said Ter-
ritory that within the time prescribed by said act of Congress a Con-
stitution for the proposed State of Washington has been adopted and
that the same, has been ratified by a majority of the qualified voters
of said proposed State in accordance with the conditions prescribed in
said act ;
And whereas it is also certified to me by the said Governor that at
the same time the body of said Constitution Avas submitted to a vote
of the ])eople two separate articles entitled " Woman Suft'rage " and
" Prohibition " were likewise submitted, which said separate articles
did not receive a majority of the votes cast thereon or upon the Con-
stitution and were rejected ; also that at the same election the question
of the location of a permanent seat of government was so submitted
and that no place receive a majority of all the votes cast upon said
question ;
And Avhereas a duly authenticated copy of said Constitution and
articles, as required by said act, has been received by me ;
Now, therefore, I, Benjamin Harrison, President of the United
States of America, do, in accordance Avith the provisions of the act of
Congress aforesaid, declare and proclaim the fact that the conditions
Washington— 1889 3973
imposed bjrCongress on the State of Washington to entitle that State
to admission to the Union have been ratified and accepted and that
the admission of the said State into the Union is now complete.
In testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington this eleventh (11th) day of Novem-
ber, in the year of our Lord one thousand eight hundred
[seal.] and eighty-nine, and of the Independence of the United
States of America the one hundred and fourteenth.
Ben J. Harrison.
By the President :
James G. Blaine,
/Secretary of State.
CONSTITUTION OF THE STATE OF WASHINGTON— 1889.* -^
PREAMBLE
We, the people of the State of Washington, grateful to the Supreme
Ruler of the Universe for our liberties, do ordain this constitution.
Article I
DECLARATION OF RIGHTS
Section 1. All political power is inherent in the people, and gov-
ernments derive their just powers from the consent of the governed,
and are established to protect and maintain individual rights.
Sec. 2. The Constitution of the United States is the supreme law
of the land.
Sec. 3. No person shall be deprived of life, liberty or property
Avithout due process of law.
Sec. 4. The right of petition, and of the people peaceably to assem-
ble for the common good, shall never be abridged.
Sec. 5. Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that right.
Sec. 6. The mode of administering an oath, or affirmation, shall be
such as may be most consistent with and binding upon the conscience
of the person to Avhom such oath, or affirmation, may be administered.
Sec. 7. No person shall be disturbed in his private aft'airs, or his
home invaded, without authority of law.
Sec. 8. No law granting irrevocably any privilege, franchise or
immunity shall be passed by the legislature.
* Verified from " State of Wasliinston. Enabling Act and State Constitution
witli side notes and index. Publislied by authority of the Superintendent of
Public Instruction. Olympia, Washington. Blanlienship-Satterlee Company
1905." 88 pp.
See also Ballinger's Annotated Codes and Statutes of Washington. Vol. II.
pp. 2067-21.31.
o This constitution was formed by a convention which assembled at Olympia,
July 4th. 1889, and adjourned August 22nd, 1889. Adopted Oct. 1, 1889. For the
constitution 40,152; against 11,879.
7535— VOL 7—09 13
3974 Washington— 1889
Sec. 9. Xo person shall be compelled in any criminal case to give
evidence against himself, or be twice put in jeopardy for the same
offense.
Sec. 10. Justice in all cases shall be administered openly, and with-
out unnecessary delay.
Sec. 11. Absolute freedom of conscience in all matters of religious
sentiment, belief, and worship, shall be guaranteed to every individ-
ual, and no one shall be molested or disturbed in person or property
on account of religion, but the liberty of conscience hereby secured
shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace and safety of the state. No
public money or property shall be approj^riated for or applied to any
religious worship, exercise or instruction, or the support of any
religious establishment. No religious qualification shall be required
for any public office or employment, nor shall any person be incompe-
tent as a witness or juror in consequence of his opinion on matters
of religion, nor be questioned in any court of justice touching his
religious belief to affect the weight of his testimony.
Sec. 12. Xo law shall l)e passed gi^anting to any citizen, class of
citizens, or corj)oration other than nnniicipal, privileges or immuni-
ties which upon the same terms shall not equally belong to all citizens
or corporations.
Sec. 13. The privilege of the writ of habeas corpus shall not be
suspended unless in case of rebellion or invasion the public safety
requires it.
Sec. 14. Excessive bail shall not be required, excessive fines imposed,
nor cruel punishment inflicted.
Sec. 15. Xo conviction shall work corruption of blood, nor for-
feiture of estate.
Sec. K). Private property shall not be taken for private use, except
for private ways of necessity, and for drains, flumes or ditches on or
across the lands of others for agricultural, domestic or sanitary pur-
poses. Xo private })roperty shall be taken or damaged for public
or private use Avithout just compensation having been first made, or
paid into court for the owner, and no right-of-way shall be appro-
priated to the use of any corporation other than municipal, until full
compensation therefor he first made in money, or ascertained and paid
into the court for the owner, irrespective of any l)enefit from any
improvement })roposed by such corporation, which compensation shall
be ascertained by a jury, unless a jury be waived as in other civil
cases in courts of record, in the manner prescribed by law. AVhen-
ever an attempt is made to take private property for a use alleged to
be public, the question whether the contemplated use be really public
shall be a judicial question, and determined as such Avifhout regard
to any legislative assertion that the use is public.
Sec. 17. There shall be no imprisonment for debt, except in cases
of absconding debtors.
Sec. 18. The military shall be in strict subordination to the civil
power.
Sec. 19. All elections shall be free and equal, and no power, civil
or military, shall at any time interfere to prevent the tree exercise
of the right of suffrage.
Washington— 1889 3975
Sec. 20. All persons charged with crime shall be bailable by suf-
ficient sureties, except for capital offenses, when the proof is evident,
or the presumption great.
Sec. 21. The right of trial by jury shall remain inviolate, but the
legislature may provide for a jury of any number less than twelve
in courts not of record, and for a verdict by nine or more jurors in
civil cases in any court of record, and for waiving of the jury in civil
cases where the consent of the parties interested is given thereto.
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 against him, to have a co])y thereof, to
testify in his OAvn behalf, to meet the witnesses against him face to
face, to have compulsory process to compel the attendance of wit-
nesses in his own behalf, to have a speedy public trial by an impartial
jury of the county in which the offense is alleged to have been com-
mitted, and the right to appeal in all cases; and in no instance shall
any accused person before final judgment be compelled to advance
money or fees to secure the rights herein guaranteed.
Sec. 23. No bill of attainder, e,r post facto law, or law impairing the
obligations of contracts shall ever be passed.
Sec. 24. The right of the individual citizen to bear arms in defense
of himself or the state shall not be impaired, but nothing in this
section shall be construed as authorizing individuals or corporations
to organize, maintain or employ an armed body of men.
Sec. 25. Offenses heretofore required to be prosecuted by indict-
ment may be prosecuted by information or by indictment, as shall
be prescribed by law.
Sec. 26. No grand jury shall be drawn or summoned in any county,
except the superior judge thereof shall so order.
Sec. 27. Treason against the state shall consist only in levying war
against the state, or adhering to its enemies, or in giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or confession in
open court.
Sec. 28. No hereditary emoluments, privileges or powers shall be
granted or conferred in this state.
Sec. 29. The provisions of this constitution are mandatory, unless
by express Avords they are declared to be otherwise.
Sec. 30. The enumeration in this constitution of certain rights
shall not be construed to deny others- retained by the people.
Sec. 31. No standing army shall be kept up by this state in time of
peace, and no soldiers shall in time of peace be quartered in any house
without the consent of its owner, nor in time of war except in the
manner prescribed by law.
Sec. 32. A frequent recuri'ence to fundamental principles is es-
sential to the security of individual right and the perpetuity of free
government.
Article TI
legislatiae department
Section 1. The legislative powers shall be vested in a senate and
house of representatives, which shall be called the legislature of the
State of Washington.
3976- Washington— 1889
Sec. 2. The house of Tepresentatives shall be composed of not less
than sixty-three nor more than ninety-nine members. The nnmber
of senators shall not be more than one-half nor less than one-third
of the number of members of the house of representatives. The first
legislature shall be composed of seventy members of the house of
representatiA^es and thirty-five senators.
Sec. 3. The legislature shall provide by law for an enumeration of
the inhabitants of the state in the year one thousand eight hundred
and ninety-five, and every ten years thereafter; and at the first ses-
sion after such enumeration, and also after each enumeration made by
the authority of the United States, the legislature shall apportion
and district anew the members of the senate and house of representa-
tives, according to the number of inhabitants, excluding Indians not
taxed, soldiers, sailors and officers of the United States army and navy
in active service.
Sec. 4. jSIembers of the house of representatives shall be elected in
the year eighteen hundred and eighty-nine, at the time and in the
manner provided by this constitution, and shall hold their offices for
the term of one year and until their successors shall be elected.
Sec. 5. The next election of the members of the house of representa-
tives after the adoption of this constitution shall be on the first
Tuesday after the first Monday of November, eighteen hundred and
ninety, and thereafter, members of the house of representatives shall
be elected biennially, and their term of office shall be two years ; and
each election shall "be on the first Tuesday after the first Monday in.
November, unless otherwise changed by law.
Sec. 6. After the first election the senators shall be elected by single
districts of convenient and contiguous territorj^ at the same time and
in the same manner as members of the house of representatives are
required to be elected, and no representative district shall be divided
in the formation of a senatorial district. They shall be elected for
the term of four years, one-half of their number retiring every two
years. The senatorial districts shall be numbered consecutively, and
the senators chosen at the first election had by virtue of this constitu-
tion, in odd numbered districts, shall go out of office at the end of the
first year, and the senators elected in the even numbered districts shall
go out of office at the end of the third year.
Sec. 7. No person shall be eligible to the legislature who shall not
be a citizen of the United States and a qualified voter in the district
for which he is chosen.
Sec. 8. Each liouse shall be the judge of the election, returns and
qualifications of its own members, and a majority of each house shall
constitute a quorum to do business, but a smaller number may adjourn
from day to day and may compel the attendance of absent members in
such manner and under such penalties as each house may provide.
Sec. 9. Each house may determine the rules of its own proceedings,
punish for contempt and disorderly behavior, and, with the concur-
rence of two-thirds of all the members elected, expell a member, but
no member shall be expelled a second time for the same offense.
Sec. 10. Each house shall elect its own officers, and when the lieu-
tenant governor shall not attend as president, or shall act as governor,
the senate shall choose a temporary president. When presiding, the
lieutenant governor shall have the deciding vote in case of an equal
division of the senate.
Washington— 1889 3977
Sec. 11. -Each house shall keep a journal of its proceedings and
publish the same, except such parts as require secrecy. The doors of
each house shall be kept open, except when the public welfare shall
require secrecy. Neither house shall adjourn for more than three
days, nor to any jjlace other than that in wiiich they may be sitting,
without the consent of the other.
Sec. 12. The first legislature shall meet on the first Wednesday
after the first Monday in November, A. D. 1889. The second legis-
lature shall meet on the first Wednesday after the first Monday in
January, A. D. 1891, and sessions of the legislature will be held bien-
nially thereafter, unless specially conv.ened by the governor, but the
times of meeting of subsequent sessions may be changed by the legis-
lature. After the first legislature the sessions shall not be more than
sixty days.
Sec. 13. No member of the legislature, during the term for which
he is elected, shall be appointed or elected to any civil ofKce in the
state, which shall have been created, or the emoluments of which
shall have been increased, during the term for which he was elected.
Sec. 14. No person, being a member of congress, or holding any
civil or military office under the United States or any other power,
shall be eligible to be a member of the legislature ; and if any person
after his election as a member of the legislature shall be elected to
congress or be appointed to any other office, civil or military, under
the government of the United States, or any other power, his accept-
ance thereof shall vacate his seat: Prorided, That officers in the
militia of the state who receive no annual salary, local officers and
postmasters, whose compensation does not exceed three hundred
dollars per annum, shall not be ineligible.
Sec. 15. The governor shall issue writs of election to fill such va-
cancies as may occur in either house of the legislature.
Sec. 16. Members of the legislature shall be privileged from arrest
in all cases except treason, felony and breach of the peace ; they shall
not be subject to any civil process during the session of the legislature,
nor for fifteen days next l)efore the commencement of each session.
Sec. 17. No member of the legislature shall be liable in any civil
action or criminal prosecution whatever for words spoken in debate.
Sec. 18. The style of the laws of the state shall be : " Be it enacted
by the legislature of the State of Washington." And no law^ shall be
enacted except by bill.
Sec. 19. No bill shall embrace more than one subject, and that shall
be expressed in the title.
Sec. 20. Any bill may originate in either house of the legislature,
and a bill passed by one house may be amended in the other.
Sec. 21. The yeas and nays of the members of either house shall be
entered on the journal on the demand of one-sixth of the members
present.
Sec. 22. 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 of each house, and a
majority of the members elected to each house be recorded thereon as
voting in its favor.
Sec. 23. Each member of the legislature shall receive for his serv-
ices five dollars for each day's attendance during the session, and ten
3978 . Washington— 1889
cents for every mile he shall travel in going to and returning from
the place of meeting of the legislature, on the most usual route.
Sec. 24. The legislature shall never authorize any lottery or grant
any divorce.
Sec. 25. The legislature shall never grant any extra compensation
to any public officer, agent, servant or contractor after the services
shall have been rendered or the contract entered into, nor shall the
compensation of any public officer be increased or diminished during
his term of office.
Sec. 26. The legislature shall direct by law in what manner and in
what courts suits may be brought against the state.
Sec. 27. In all elections by the legislature the members shall vote
viva voce, and their votes shall be entered on the journal.
SPECIAL LEGISLATION
Sec. 28. The legislature is prohibited from enacting any private or
special law in tlu' following cases :
1. For changing the names of persons, or constituting one person
the heir at law of another.
2. For laying out, opening or altering highways, except in cases of
state roads extending into more than one county, and military roads
to aid in the construction of which lands shall liavc been or may be
granted by congress.
3. For authorizing i)ersons to keei) ferries wholly within this state.
4. For authorizing the sale or mortgage of real or personal prop-
erty of minors, or others under disability.
5. For assessment or collection of taxes, or for extending the time
for collection thereof.
6. For granting corporate powers or privileges.
7. P^or authorizing the apportionment of any part of the school
fund.
8. For incorporating any town or village, or to amend the charter
thereof.
9. [From] giving ert'ect to invalid deeds, wills or other instruments.
10. Releasing or extinguishing, in whole or in part, the indebted-
ness, liability or other obligation of any person or corporation to this
state, or to any municipal corporation therein.
11. Declaring any person of age, or authorizing any minor to sell,
lease or encumber his or her property.
12. Legalizing, except as against the state, the unauthorized or
invalid act of any officer.
13. Regulating the rates of interest on money.
14. Remitting fines, penalties or forfeitures.
15. Providing for the management of common schools.
16. Authorizing the adoption of children.
17. For limitation of civil or criminal action.
18. Changing county lines, locating or changing county seats:
Provided, This shall not be construed to apply to the creation of new
counties.
Sec. 29. After the first day of January, eighteen hundred and
ninety, the labor of convicts of this state shall not be let out by con-
tract to any person, copartnership, company or corporation, and the
Washington— 1889 3979
legislature shall by law provide for the working of convicts for the
benefit of the state.
Sec. 30. The offense of corrupt solicitation of memberh of the legis-
lature, or of public officers of the state or any municipal division
thereof, and any occupation or practice of solicitation of such mem-
bers or officers to influence their official action, shall be defined by
law, and shall be punished by fine and imprisoimient. Any person
may be compelled to testify in any lawful investigation or judicial
proceeding against any person who may be charged witli having
committed the offense of bribery or corrupt solicitation, or practice
of solicitation, and shall not be permitted to withhold his testimony
on the ground that it may criminate himself or subject him to public
infamy, but such testimony shall not afterwards be used against him
in any judicial proceeding — except for perjury in giving such testi-
mony— and any person convicted of either of the offenses aforesaid,
shall, as part of the piuiishment therefor, be disqualified from ever
holding any position of honor, trust or profit in this state. A mem-
ber who has a private interest in any bill or measure proposed or
pending before the legislature shall disclose the fact to the house of
which he is a member, and shall not vote thereon.
Sec. 31. No law, except appropriation bills, shall take effect until
ninety days after the adjournment of the session at which it was
enacted, unless in case of an emergency (Avhich emergency must be
expressed in the preamble or in the body of the act) the legislature
shall otherwise direct by a vote of two-thirds of all the members
elected to each house; said vote to be taken by yeas and nays and
entered on the journals.
Sec. 32. 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 under such rules as the legislature shall prescribe.
Sec. 33. The ownership of lands by aliens, other than those who in
good faith have declared their intention to become citizens of the
United States, is prohibited in this state, except where acquired hj
inheritance, under mortgage or in good faith in the ordinary course
of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly, or in trust for such alien, shall
be void : Prorkled, That the provisions of this section shall not apply
to lands containing valuable deposits of minerals, metals, iron, coal or
fire clay, and the necessary land for mills and machinery to be used
in the development thereof and the manufacture of the products
therefrom. Every corporation, the majority of the capital stock of
which is ow^ned by aliens, shall be considered an alien for the pur-
poses of this prohibition.
Sec. 34. There shall be established in the office of the secretary of
state, a bureau of statistics, agriculture and immigration, under such
regulations as the legislature may provide.
Sec, 35. The legislature shall pass necessary laws for the protection
of persons working in mines, factories and other employments dan-
gerous to life and deleterious to health ; and fix pains and penalties
for the enforcement of same.
Sec. 36. No bill shall be considered in either house unless the time
of its introduction shall have been at least ten days before the final
adjournment of the legislature, unless the legislature shall othei-wise
3980 Washington— i 889
direct by a vote of two-thirds of all the members elected to each
house, said vote to be taken by yeas and nays and entered upon the
journal, or unless the same be at a special session.
Sec. 37. No act shall ever be revised or amended by mere reference
to its title, but the act revised or the section amended shall be set
forth at full length.
Sec. 38. No amendment to any bill shall be allowed which shall
change the scope and object of the bill.
Sec. 39. It shall not be lawful for any person holding public office
in this state to accept or use a pass or to purchase transportation from
any railroad or other corporation, other than as the same may be pur-
chased by the general public, and the legislature shall pass laws to
enforce this provision.
Article III
THE EXECUTIVE
Section 1. The executive department shall consist of a governor,
lieutenant governor, secretary of state, treasurer, auditor, attorney
general, superintendent of public instruction, and a commissioner of
public lands, who shall be severally chosen by the qualified electors
of the state at the same time and place of voting as for the members
of the legislature.
Sec. 2. The supreme executive power of this state shall be vested in
a governor, who sliall hold his office for a term of four years, and
until his successor is elected and qualified.
Sec. 3. The lieutenant governor, secretary of state, treasurer, audi-
tor, attorney general, superintendent of public instruction and com-
missioner of public lands, shall hold their offices for four years, re-
spectively, and mitil their successors are elected and qualified.
Sec. 4. The returns of every election for the officers named in the
first section of this article shall be sealed up and transmitted to the
seat of government by the returning officers, directed to the secretary
of state, Avho shall deliver the same to the speaker of the house of rep-
resentatives at the first meeting of the house thereafter, who shall
open, publish and declare the result thereof in the presence of a
majority of the members of both houses. The person having the
highest number of votes shall be declared duly elected, and a certifi-
cate thereof shall be given to such person, signed by the presiding
officers <of both houses ; but if any two or more shall be highest and
equal in votes for the same office, one of them shall be chosen by the
joint vote of both houses. Contested elections for such officers shall
be decided by the legislature in such manner as shall be decided by
law. The terms of all officers named in section one of this article
shall commence on the second Monday in January after their elec-
tion, until otherwise provided by law.
Sec. 5. The governor may require information in writing from the
officers of the state upon any subject relating to the duties of their
respective offices, and shall see that the laws are faithfully executed.
Sec. 6. He shall communicate at every session by message to the
legislature the condition of the affairs of the state, and recommend
such measures as he shall deem expedient for their action.
Washington— 1889 3981
Sec. 7. He may, on extraordinary occasioii.s, convene the legislature
by proclamation, in which shall be stated the purposes for which the
legislature is convened.
Sec. 8. He shall be commander-in-chief of the military in the
state except when they shall be called into the service of the United
States.
Sec. 9. The pardoning jDower shall be vested in the governor uiider
such regulations and restrictions as may be prescribed by law.
Sec. 10. In case of the removal, resignation, death or disability of
the governor, the duties of the office shall devolve upon the lieutenant
governor, and in case of a vacancy in both the offices of governor and
lieutenant governor, the duties of governor shall devolve upon the
secretary of state, who shall act as governor until the disabilitj'^ be
removed or a governor be elected.
Sec. 11. The governor shall have power to remit fines and for-
feitures, under such regulations as may be prescribed by law, and
shall report to the legislature at its next meeting each case of reprieve,
commutation, or pardon granted, and the reasons for granting the
same, and also the names of all persons in whose favor remission of
fines and forfeitures shall have been made, and the several amounts
remitted and the reasons for the remission. .
Sec. 12. Every act which shall have passed the legislature shall be,
before it becomes a law, jDresented to the governor. If he approves,
he shall sign it; but if not, he shall return it, with his objections, to
that house in which it shall have originated, which house shall enter
the objections at large upon the journal and proceed to reconsider.
If, after such reconsideration, two-thirds of the members present
shall agree to pass the bill, it shall be sent, together with the objec-
tions, to the other house, by which it shall likewise be reconsidered,
and if approved by two-thirds of the members present, it shall become
a law; but in all such cases the vote of both houses shall be deter-
mined by the yeas and nays, and the names of the members voting
for or against the bill shall be entered upon the journal of each house
respectively. If any bill shall not be returned by the governor within
five days, Sunday excepted, after it shall be presented to him, it shall
become a law without his signature, unless the general adjournment
shall prevent its return, in which case it shall become a law unless
the governor, within ten days next after the adjournment, Sundays
excepted, shall file such bill, with his objections thereto, in the office
of secretary of state, who shall lay the same before the legislature at
its next session in like manner as if it had been returned by the gov-
ernor. If any bill presented to the governor contain several sections
or items, he may object to one or more sections or items while ap-
proving other portions of the bill. In such case he shall append to
the bill, at the time of signing it, a statement of the section or sections,
item or items to which he objects, and the reasons therefor, and the
section or sections, item or items so objected to shall not take effect
unless passed over the governor's objection, as hereinbefore provided.
Sec. 13. WTien, during a recess of the legislature, a vacancy shall
happen in any office, the appointment to which is vested in the legis-
lature, or when at any time a vacancy shall have occurred in any
other state office, for the filling of which vacancy no provision is
3982 Washington— 1889
made elsewhere in this constitution, the governor shall fill such va-
cancy by appointment, which shall expire when a successor shall
have been elected and qualified.
Sec. 14. The governor shall receive an annual salary of four thou-
sand dollars, which may be increased by law, but shall never exceed
six thousand dollars per annum.
Sec. 15. All commissions shall issue in the name of the state, shall
be signed by the governor, sealed with the seal of the state, and
attested by the secretary of state.
Sec. IC. The lieutenant govei'nor shall be j^residing officer of the
state senate, and shall discharge such other duties as may be pre-
scribed by laAv. He shall receive an annual salary of one thousand
dollars, which may be increased by the legislature, but shall never
exceed three thousand dollars per annum.
Sec. 17. The secretary of state shall keep a record of the official
acts of the legislature and executive department of the state, and
shall, when required, lay the same and all matters relative thereto,
before either branch of the legislature, and shall perform such other
duties as shall be assigned him by law. He shall receive an annual
salary of twenty-five hundred dollars, Avhich may be increased by the
legislature, but shall never exceed three thousand dollars per annum.
Sec. 18, There shall be a seal of the state kept by the secretary
of state for official purposes, Avhich shall be called '' The Seal of the
State of Washington."
Sec. 1!). The treasurer shall jjerform such duties as shall be pre-
scribed by law. He shall recei^•e an annual salary of two thousand
dollars, which may be increased by the legislature, but shall never
exceed four thousand dollars per annum.
Sec. 20. The auditor shall be auditor of public accounts, and shall
have such poAvers and perfoiun such duties in connection therewith
as may be prescribed by law. He shall receive an annual salary of
two thousand dollars, which may be increased by the legislature, but
shall never exceed three thousand dollars per annum.
Sec. 21. The attorney general shall be the legal adviser of the state
officers, and shall perform such other duties as may be prescribed by
law. He shall receive an annual salary of two thousand dollars,
which may be increased by the legislature, but shall never exceed
thirty-five hundred dollars per annum.
Sec. 22. The superintendent of public instruction shall have super-
vision over all matters pertaining to public schools, and shall per-
form such specific duties as may be prescribed by laAv. He shall
receive an annual salary of twenty-five hundred dollars, which may
be increased by law, but shall never exceed four thousand dollars per
annum.
Sec. 23. The commissioner of public lands shall perform such
duties and receive such compensation as the legislature may direct.
Sec. 24. The governor, secretary of state, treasurer, auditor, super-
intendent of public instruction, commissioner of public lands and
attorney general shall severally keep the jjublic records, books and
papers relating to their respective offices, at the seat of government,
at which place also the governor, secretary of state, treasurer and
auditor shall reside.
Washington— 1889 3983
Sec. 25. No person, except a citizen of the United States and a
qualified elector of this state, shall be eligible to hold any state office,
and the state treasurer shall be ineligible for the term succeeding
that for which he was elected. The compensation for state officers
shall not be increased or diminished during the term for which they
shall have been elected. The legislature may, in its discretion, abolish
the offices of the lieutenant governor, auditor, and commissioner of
public lands.
Article IV
THE JUDICIARY
Section 1. The judicial jDOwer of the state shall be vested in a
sui^reme court, superior courts, justices of the peace, and such inferior
courts as the legislature may provide.
Sec. 2. The supreme court shall consist of five judges, a majority
of whom shall be necessary to form a quorum and pronounce a deci-
sion. The said court shall always be open for the transaction of
business except on non-judicial days. In the determination of causes,
all decisions of the court shall be given in writing, and the grounds
of the decision shall be stated. The legislature may increase the
number of judges of the supreme court from time to time, and may
provide for sej)arate departments of said court.
Sec. 8. The judges of the supreme court shall be elected by the
qualified electors of the state at large, at the general state election,
at the times and places at which state officers are elected, miless some
other time be provided by the legislature. The first election of judges
of the supreme court shall be at the election which shall be held upon
the adoption of this constitution, and the judges elected thereat shall
be classified, by lot, so that two shall hold their office for the term
of three years, two for a term of five years, and one for the term of
seven years. The lot shall be drawn by the judges, who shall for
that purpose assemble at the seat of government, and they shall cause
the result thereof to be certified to the secretary of state, and filed in
his office. The judge having the shortest term to serve, not holding
his office by appointment or election to fill a vacancy, shall be the
chief justice, and shall preside at all sessions of the supreme court,
and in case there shall be two judges having in like manner the same
short term, the other judges of the supreme court shall determine
which of them shall be chief justice. In case of the absence of the
chief justice, the judge having in like manner the shortest or next
shortest term to serve shall preside. After the first election the
terms of judges elected shall be six years from and after the second
Monday in January next succeeding their election. If a vacancy oc-
cur in the office of a judge of the supreme court, the governor shall
appoint a person to hold the office until the election and qualification
of a judge to fill the vacancy, which election shall take place at the
next succeeding general election, and the judge so elected shall hold
the office for the remainder of the unexpired term. The term of
office of the judges of the supreme court, first elected, shall commence
as soon as the state shall have been admitted into the Union, and
continue for the term herein provided, and until their successors are
8984 Washington— 1880
elected and qualified. The sessions of the supreme court shall be
held at the seat of government until otherAvise provided by laAV.
Sec. 4. The supreme court shall have original jurisdiction in habeas
corpus, and quo warranto and mandamus as to all state officers, and
appellate jurisdiction in all actions and proceedings, excepting that
its appellate jurisdiction shall not extend to civil actions at law for
the recovery of money or personal property when the original amount
in controversy, or the value of the property, does not exceed the sum
of two hundred dollars ($200) , unless the action involves the legality
of a tax, impost, assessment, toll, municipal fine, or the validity of a
statute. The supreme court shall also have power to issue writs of
mandamus, review, prohibition, habeas corpus, certiorari and all
other writs necessary and proper to the complete exercise of its appel-
late and revisory jurisdiction. Each of the judges shall have power
to issue writs of habeas corpus to any part of the state upon petition
by or on behalf of any person held in actual custody, and may make
such writs returnable before himself, or before the supreme court,
or before an}?^ superior court of the state, or any judge thereof.
Sec. 5. There shall be in each of the organized counties of this state
a superior court for Avhich at least one judge shall be elected by the
qualified electors of the county at the general state election: Pro-
rideih That imtil otherwise directed by the legislature one judge only
shall be elected for the counties of Spokane and Stevens; one judge
for the county of AMiitman; one judge for the counties of Lincoln,
Okanogan, Douglas and Adams; one judge for the counties of Walla
AYalla and Franklin; one judge for the counties of Columbia, Gar-
field and Asotin ; one judge for the counties of Kittitas, Yakima and
Klickitat; one judge for the counties of Clark, Skamania, Pacific,
Cowlitz and Wahkiakum; one judge for the counties of Thurston,
Chehalis, Mason and Lewis; one judge for the county of Pierce; one
judge for the county of King; one judge for the counties of Jefferson,
Island, Kitsap, San Juan and Clallam; and one judge for the coun-
ties of Whatcom, Skagit and Snohomish. In any county where there
shall be more than one superior judge, there may be as many sessions
of the suj^erior court at the same time as there are judges thereof, and
whenever the governor shall direct a superior judge to hold court in
any county other than that for which he has been elected, there may
be as many sessions of the superior court in said county at the same
time as there are judges therein, or assigned to duty therein by the
governor, and the business of the court shall be so distrilmted and
assigned by law, or, in the absence of legislation therefor, by such
rules and orders of court, as shall best promote and secure the con-
venient and expeditious transaction thereof. The judgments, decrees,
orders and proceedings of any session of the superior court held by
any one or more of the judges of such court shall be equally effectual
as if all the judges of said court presided at such session. The first
superior judges elected under this constitution shall hold their offices
for the period of three years, and until their successors shall be elected
and qualified, and thereafter the term of office of all superior judges
in this state shall be for four years from the second Monday in Janu-
ary next succeeding their election, and until their successors are
elected and qualified. The first election of judges of the superior
court shall be at the election held for the adoption of this constitution.
If a vacancy occurs in the office of judge of the superior court, the
Washmgton~1889 3985
governor shall appoint a person to hold the office until the election
and qualification of a jndge to fill the vacancy, which election shall
be at the next succeeding general election, and the judge so elected
shall hold office for the remainder of the unexpired term.
Sec. 6. The superior court shall have original jurisdiction in all
cases in equity, and in all cases at law which involve the title or pos-
session of real proj^erty, or the legality of any tax, impost, assessment,
toll or municipal fine, and in all other cases in which the demand, or
the value of the property in controversy amounts to one hundred dol-
lars, and in all criminal cases amounting to felony, and in all cases
of misdemeanor not otherwise provided for by law ; of actions of
forcible entry and detainer ; of proceedings in insolvency ; of actions
to prevent or abate a nuisance; of all matters of probate, of divorce,
and for annulment of marriage; and for such special cases and pro-
ceedings as are not otherwise provided for. The superior court shall
also have original jurisdiction in all cases and of all proceedings in
which jurisdiction shall not have been by law vested exclusively in
some other court ; and said court shall have the power of naturaliza-
tion, and to issue papers therefor. They shall have such appellate
jurisdiction in cases arising in justice's and other inferior courts in
their respective counties as may be prescribed by law. They shall
be always open except on non- judicial days, and their process shall
extend to all parts of the state. kSaid courts and their judges shall
have power to issue writs of mandamus, quo warranto, revicAv, cer-
tiorari, prohibition and writs of habeas corpus, on petition by or on
behalf of any person in actual custody in their respective counties.
Injunctions and writs of prohibition and of habeas corpus may be
issued and served on legal holidays and non- judicial days.
Sec. 7. The judge of any superior court may hold a superior court
in any county at the request of the judge of the superior court
thereof, and upon the request of the governor it shall be his duty to
do so. A case in the superior court may be tried b}^ a judge p)-o
tempore, w^ho must be a member of the bar, agreed upon in writing
by the parties litigant, or their attorneys of record, approved by the
court, and sworn to try the case.
Sec. 8. Any judicial officer who shall absent himself from the state
for more than sixty consecutive days shall be deemed to have for-
feited his office : Pro vided, That in cases of extreme necessity the
governor may extend the leave of absence such time as the necessity
therefor shall exist.
Sec. 9. Any judge of any court of record, the attorney general, or
any prosecuting attorney may be removed from office by joint reso-
lution of the legislature, in which three-fourths of the members
elected to each house shall concur, for incompetency, corruption, mal-
feasance, or delinquency in office, or other sufficient cause stated in
such resolution. But no removal* shall be made unless the officer
complained of shall have been served with a copy of the charges
against him as the ground of removal, and shall have an opportunity
of being heard in his defense. Such resolution shall be entered at
length on the journal of both houses, and on the question of removal
the ayes and nays shall also be entered on the journal.
Sec. 10. The legislature shall determine the number of justices of
the peace to be elected in incorporated cities or towns and in pre-
cincts, and shall 'prescribe by law the powers, duties and jurisdiction
3986 Washington— 1889
of justices of the peace: Provided, That such jurisdiction granted
by the legislature shall not trench upon the jurisdiction of superior
or other courts of record, except that justices of the peace may be
made police justices of incorporated cities and towns. In incor-
jDorated cities or towns having more than five thousand inhabitants
the justices of the peace shall receive such salary as may be provided
by law, and shall receive no fees for their own use.
Sec. 11. The supreme court and the superior courts shall be courts
of record, and the legislature shall have power to provide that any
of the courts of this state, excepting justices of the peace, shall be
courts of record.
Sec. 12. The legislature shall prescribe by law the jurisdiction and
powers of any of the inferior courts Avhich nuiy be established in
13ursuance of this constitution.
Sec. 13. Xo judicial officer, except court commissioners and unsal-
aried justices of the i)eace, shall receive to his OAvn use any fees or
perquisites of office. The judges of the supreme court and judges of
the superior courts shall severally, at stated times, during their con-
tinuance in officCy receive for their services the salaries prescribed by
law therefor, whicli shall not be increased after their election, nor
during the term for which they shall have been elected. The salaries
of 'the judges of the su])reuie court shall be paid by the state. One-
half of the salary of each of the superior court judges shall be paid
by the state, and the other one-half by the county or counties for
which he is elected. In cases Avhere a judge is provided for more
than one county, that jiortion of his salary which is to be paid by the
counties shall be apportioned between or among them according to
the assessed value of their taxable property, to be determined by the
assessment next preceding the time which such salary is to be paid.
Sec. 14. Each of the judges of the su])reme court shall I'eceive an
annual sahuy of four tliousand dollars ($4,000) ; each of the superior
court judges shall receive an annual salary of three thousand dol-
lars ($3,000), which said salaries shall be payable quarterly. The
legislature may increase the salaries of the judges herein provided.
Sec. 15. The judges of the supreme court and the judges of the
superior court shall be ineligible to -dny other office or public
employment than a judicial office or em]:)loyment during the term
for which they shall have been elected.
Sec. Kj. Judges shall not charge juries Avith respect to matters of
fact, nor comment tliereon, but shall declare the hnv.
Sec. 17. Xo perscm shall be eligible to the office of judge of the
supreme court or judge of a superior court unless he shall have been
admitted to practice in the courts of record of this state or of the
Territory of AVashington.
Sec. 18. The judges of the supreme court shall appoint a reporter
for the decisions of that court. Avho shall be removable at their pleas-
ure. He shall receive such annual salary as shall l)e prescribed by
law.
Sec. 19. Xo judge of a court of record shall i^ractice law in an}'
court of this state during his continuance in office.
Sec. 20. P]very cause submitted to a judge of a superior court for
his decision shall be decided by him within ninety clays from the sub-
mission thereof: Prorlded, That if. Avithin said period of ninety days
a rehearing shall \vdve been ordered, then the j^eriod Avithin Avhich he
Washington— 1889 3987
is to decide shall commence at the time the cause is submitted upon
such a rehearing.
Sec. 21. The legislature shall provide for the speedy publication of
opinions of the supreme court, and all opinions shall be free for pub-
lication by any person.
Sec. 22. The judges of the supreme court shall aj^point a clerk of
that court, who shall be removable at their pleasure, but the legisla-
ture may provide for the election of the clerk of the supreme court
and prescribe the term of his office. The clerk of the supreme court
shall receive such compensation, by salary only, as shall be provided
by law.
Sec. 23. There may be appointed in each county, by the judge of
the superior court having jurisdiction therein, one or more court com-
missioners, not exceeding three in number, who shall have authority
to perform like duties as a judge of the superior court at chambers,
subject to revision by such judge, to take depositions and to perform
such other business connected with the administration of justice as
may be prescribed by law.
Sec. 24. The judges of the superior courts shall, from time to time,
establish uniform rules for the government of the superior courts.
Sec. 25. Superior judges shall, on or before the first day of Novem-
ber in each year, report in writing to the judges of the supreme court
such defects and omissions in the laws as their experience may sug-
gest, and the judges of the supreme court shall, on or before the first
day of January in each year, report in writing to the governor such
defects and omissions in the laws as they may believe to exist.
Sec. 2G. The county clerk shall be, by virtue of his office, clerk of
the superior court.
Sec. 27. The style of till process shall be, "The State of Wash-
ington,'"' and all prosecutions shall be conducted in its name and by
its authority.
Sec. 28. Every judge of the supreme court and every judge of a
superior court shall, before entering upon the duties of his office, take
and subscribe an oath that he Avill support the constitution of the
United States and the constitution of the State of Washington, and
Avill faithfully and impartially discharge the duties of judge to the
best of his ability, which oath shall l)e filed in the office of the secre-
tary of state.
Article V
i:mpea<hment
Sectiox 1. The house of representatives shall have the sole power
of impeachment. The concurrence of a majority of all the members
shall be necessary to an impeachment. All impeachments shall be
tried by the senate, and when sitting for that purpose the senators
shall be upon oath or affirmation to do justice according to laAv and
evidence. When the governor or lieutenant governor is on trial, the
chief justice of the supreme court shall preside. Xo person shall be
convicted without a concurrence of two-thirds of the senators elected.
Sec. 2. The governor and other state and judicial officers, except
judges and justices of courts not of record, shall be liable to impeach-
ment for high crimes or misdemeanors, or malfeasance in office, but
3988 Washington— 1889
judgment in such cases shall extend only to removal from office and
disqualification to hold any office of honor, trust or profit, in the
state. The party, whether convicted or acquitted, shall, nevertheless,
be liable to prosecution, trial, judgment and punishment according to
law.
Sec. 3. All officers not liable to impeachment shall be subject to
removal for misconduct or malfeasance in office, in such manner as
may be j)rovided by law.
Article VI
ELECTIONS AND ELECTIVE RIGHTS
Section 1. All male j^ersons of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
elections : They shall be citizens of the United States ; they shall have
lived in the state one year, and in the county ninety days, and in the
city, town, ward or precinct thirty daj^s immediately preceding the
election at which they offer to vote: Provided, That Indians not
taxed shall never be allowed the elective franchise: Pro ruled further,
That all male persons who at the time of the adoption of this consti-
tution are qualified electors of the territory shall be electors.
Sec. 2. The legislature may provide that there shall be no denial
of the elective franchise at any school election on account of sex.
Sec. 3. All idiots, insane persons, and persons convicted of infa-
mous crime, unless restored to their civil rights, are excluded from
the elective franchise.
Sec. 4. For the purpose of voting and eligibility to office no person
shall be deemed to have gained a residence by reason of his presence,
or lost it by reason of his absence, while in the civil or military
service of the state or of the United States, nor while a student at any
institution of learning, nor while kept at public expense at any poor
house or other asylum, nor while confined in public prison, nor while
engaged in the navigation of the waters of this state or of the United
States, or of the high seas.
Sec. 5. Voters shall, in all cases except treason, felony and breach
of the peace, be privileged from arrest during their attendance at
elections and in going to and returning therefrom. Xo elector shall
be required to do military duty on the day of any election except in
time of war or public danger.
Sec. 6. All elections shall be b}" ballot. The legislature shall pro-
vide for such method of voting as will secure to every elector absolute
secrec}^ in preparing and depositing his ballot.
Sec. 7. The legislature shall enact a registration law, and shall
require a compliance with such law before any elector shall be allowed
to vote: Prorided, That this provision is not compulsory upon the
legislature, except as to cities and toAvns having a population of over
five hundred inhabitants. In all other cases the legislature may or
maj^ not require registration as a iDre-requisite to the right to vote,
and the same system of registration need not be adopted for both
classes.
Sec. 8. The first election of county and district officers, not other-
wise provided for in this constitution, shall be on the Tuesday next
after the first Mondav in November, 1890. and thereafter all elections
Washington— 1889 3989
for such officers shall be held l^iennially on the Tuesday next suc-
ceeding the first Monday in November. The first election of all state
officers not otherwise provided for in this constitution, after the elec-
tion held for the adoption of this constitution, shall be on the Tuesday
next after the first Monday in November, 1892, and the elections for
such state officers shall be ever}^ fourth year thereafter on the Tuesday
succeeding the first INIonday in November.
Article VII
RKVENIiE A XI) TAXATION
Section 1. All property in the state, not exempt under the laAvs of
the United States, or under this constitution, shall be taxed in pro-
portion to its value, to be ascertained as provided by law. The
legislature shall provide by laAv for an annual tax sufficient, with
other sources of revenue, to defray the estimated ordinary expenses
of the state for each fiscal year. And for the purpose of paying the
state debt, if there be an3^ the legislature shall provide for levying a
tax annually, sufficient to pay the annual interest and principal of
such debt within twenty years from the final passage of the law
creating the debt.
Sec. 2. The legislature shall '[n'ovide by law a uniform and equal
rate of assessment and taxation on all ]:)roperty in the state, according
to its value in money, and shall prescribe such regulations by general
law as shall secure a just valuation for taxation of all property, so
that every person and corporation shall pay a tax in proportion to the
value of his, her or its property: Pror'uJccL That a deduction of
debts from credits may be authorized: Provklcd furtJiev, That the
property of the United States, and of the state, counties, school dis-
tricts and other municipal corporations, and such other property as
the legislature may by general laws provide, shall be exempt froUi
taxation.
Sec. 3. The legislature shall provide by general law for the assess-
ing and levying of taxes on all corporation property as near as may
be by the same methods as are provided for the assessing and levying
of taxes on individual property.
Sec. 4. The power to tax corporations and corporate property shall
not be surrendered or Suspended by any contract or grant to' which
the state shall be a party.
Sec. 5. No tax shall be levied except in pursuance of law; and
every law imposing a tax shall state distinctly the object of the same,
to which only it shall be applied.
Sec. C). All taxes levied and collected for state purposes shall be
paid in money only into the state treasury.
Sec. 7. An accurate statement of the receipts and expenditures of
the public moneys shall be published annually, in such manner as the
legislature may provide.
Sec. 8. A^lienever the expenses of any fiscal year shall exceed the
income, the legislature may provide for levying a tax for the ensuing
fiscal year, sufficient, with other sources of income, to pay the defi-
ciency, as well as the estimated expenses of the ensuing fiscal year.
Sec. 9. The legislature may vest the corporate authorities of cities,
towns and villages with the powder to make local improvements by
7535— VOL 7—00—14
3990 Washington— 1889
special assessment, or by special taxation of property benefited. For
all corporate purposes, all municipal corporations may be vested with
authority to assess and collect taxes, and such taxes shall be uniform
in respect to persons and property within the jurisdi<;tion of the body
levying the same.
Article VIII
STATE, COUNTY AND MUNICIPAL INDEBTEDNESS
Section 1. The state may, to meet casual deficits or failures in
revenues, or for expenses not provided for, contract debts, but such
debts, direct and contingent, singly or in the aggregate, shall not at
any time exceed four hundred thousand dollars ($400,000), and the
moneys arising from the loans creating such debts shall be applied to
the purpose for which they were obtained, or to repay the debts so
contracted, and to no other purpose whatever.
Sec. 2. In addition to the above limited power to contract debts,
the state may contract debts to repel invasion, suppress insurrection,
or to defend the state in Avar, but the mone}- arising from the con-
tracting of such debts shall be applied to the purpose for which it
was raised, and to no other purpose whatever.
Sec. 8. Except the debts s])ecified in sections one and two of this
article, no debt shall hereafter l)e contracted by, or on behalf of this
state, unless such debt shall be authorized by law for some single
Avork or object to be distinctly specified therein, Avhich law shall pro-
vide waA's and means, exclusiA'e of loans, for the payment of the inter-
est on such debt as it falls due, and also to pa}^ and discharge the
principal of such debt Avithin tAventy years from the time of the con-
tracting thereof. Xo such laAv shall take effect until it shall, at a
general election, have been submitted to the people and have received
a -majority of all the Azotes cast for and against it at such election,
and all moneys raised by authority of such laAv shall be applied only
to the specific object therein stated, or to the payment of the debt
thereby created, and such law shall be published in at least one ncAvs-
paper in each county, if one be published therein, throughout the
state, for three months next preceding the election at Avhich it is sub-
mitted to the people.
Sec. 4. Xo moneys shall ever be j^aid out -of the treasury of this
state, or any of its funds, or any of the funds under its management,
except in pursuance of an appropriation by laAv ; nor unless such pay-
ment be made within tAvo years from the first day of May next after
the passage of such appropriation act, and eA'^ery such hiAv making a
ncAv appropriation, or continuing or rcAaving an appropriation, shall
clistinctl}^ specify the sum appropriated, and the object to Avhich it is
to be applied, and it shall not be sufficient for such laAv to refer to
uny other laAv to fix such sum.
Sec. 5. The credit of the state shall not, in any manner, be giA^en or
loaned to, or in aid of, any individual, association, company or corpo-
ration.
Sec. G. Xo county, city, town, school district or other municipal
corporation shall for any purpose become indebted in any manner
to an amount exceeding one and one-half per centum of the taxable
proj^erty in such county, city, toAvn, school district or other nmnicii^al
Washington— 1889 ' 3991
corporatioiij without the assent of three-fifths of the voters therein
voting at an election to be held for that purpose, nor in cases requir-
ing such assent shall the total indebtedness at any time exceed five
per centum on the value of the taxable property therein, to be ascer-
tained by the last assessment for state and county purposes pre-
vious to the incurring of such indebtedness, except that in incorpo-
rated cities the assessment shall be taken from the last assessment for
city purposes: Provided, That no part of the indebtedness allowed
in this section shall be incurred for any purpose other than strictly
county, city, town, school district or other municipal purposes: Pro-
vided further. That any city or town with such assent may be allowed
to become indebted to a larger amount, but not exceeding five per
centum additional, for supplying such city or town with water, arti-
ficial light and sewers when the works for supplying such water,
light and sewers shall be owned and controlled by the municipality.
Sec. 7. No county, city, town or other municipal corporation shall
hereafter give any money or property, or loan its money or credit,
to or in aid of any individual, association, company or corporation,
except for the necessary support of the poor and infirm, or become
directly or indirectly the owner of any stock in or bonds of any asso-
ciation, company or corporation.
Article IX
EDUCATION
Section 1. It is the paramount duty of the state to make ample
provision for the education of all children residing within its bor-
ders, without distinction or preference on account of race, color, caste
or sex.
Sec. 2. The legislature shall provide for a general and uniform
system of public schools. The public school system shall include
common schools, and such high schools, normal schools, and technical
schools as may hereafter be established. But the entire revenue
derived from the common school fund, and the state tax for common
schools, shall be exclusively applied to the support of the common
schools.
Sec. ' 3. The principal of the common school fund shall remain
permanent and irreducible. The said fund shall be derived from
the following named sources, to wit: Appropriations and donations
by the state to this fund; donations and bequests by individuals to
the state or public for common schools; the proceeds of lands and
other property which revert to the state by escheat and forfeiture;
the proceeds of all property granted to the state, when the purpose
of the grant is not specified, or is uncertain; funds accumulated in
the treasury of the state for the disbursement of which provision has
not been made by law; the proceeds of the sale of timber, stone,
minerals or other property from school and state lands, other than
those granted for specific purposes; all moneys received from per-
sons appropriating timber, stone, minerals or other property from
school and state lands other than those granted for specific purposes,
and all moneys other than rental recovered from persons trespassing
on said lands; five per centum of the proceeds of the sale of public
3992 ' Washinqton—1889
lands lying within the state, which shall be sold by the United States
subsequent to the admission of the state into the Union as approved
by section 13 of the act of congress enabling the admission of the
state into the Union ; the principal of all funds arising from the sale
of lands and other proj^erty which have been, and hereafter may be,
granted to the state for the support of counnon schools. The legis-
lature may make further provisions for enlarging said fund. The
interest accruing on said fund, together with all rentals and other
revenues derived therefrom, and from lands and other property
devoted to the common school fund, shall be exclusively applied to
the current use of the common schools.
Sec. 4. All schools maintained or supported wholly or in part by
the public funds shall be forever free from sectarian control or
influence.
Sec. 5. All losses to the permanent connnon school or any other
state educational fund, which shall be occasioned by defalcation, mis-
management or fraud of the agents or officers controlling or man-
aging the same, shall be audited by the proper authorities of the
state. The amount so audited shall be a permanent funded debt
against the state in favor of the particular fund sustaining such loss,
upon which not less tlian six per cent, annual, interest shall be paid.
The amount of liability so created shall not be counted as a part of
the indebtedness authorized and limited elsewhere in this constitution.
Article X
:militia
Secttox 1. All able-bodied male citizens of this state between the
ages of eighteen (18) and forty-five (45) years, except such as are
exempt by laws of the United States or by the laws of this state, shall
be liable to military duty.
Sec. 2. The legislature shall provide by laAv for organizing and
disciplining the militia in such manner as it may deem expedient, not
incouipatibk' with the coustitution and laws of the United States.
Officers of the militia shall be elected or appointed in such manner
as the legislature shall from time to time direct, and shall be commis-
sioned by the governor. The governor shall have power to call forth
the militia to execute the laws of the state to suppress insurrections
and repel invasions.
Sec. 3. The legislature shall provide by law for the maintenance of
a soldiers' home for honorably discharged Union soldiers, sailors,
marines and members of the state militia disabled while in the line of
duty, and who are hona fde citizens of the state.
Sec. 4. The legislature shall provide by laAv for the protection and
safe keeping of the public arms.
Sec. 5. The militia shall, in all cases, except treason, felony and
breach of the peace, be priAdleged from arrest during the attendance
at musters and elections of officers, and in going to and returning from
the same.
Sec. 6. No person or persons, having conscientious scruples against
bearing arms, shall be compelled to do militia duty in time of peace:
Provided, Such person or persons shall pay an equivalent for such
exemption.
Washington— 1889 3993
Article XI
COUNTY, CITY AND TOWNSHIP ORGANIZATION
Section 1. The several counties of the Territory of Washington
existing at the time of the adoption of this constitution are hereby
recognized as legal subdivisions of this state.
Sec. 2. No countv seat shall be removed unless three-fifths of the
qualified electors oi the county, voting on the proposition at a gen-
eral election, shall vote in favor of such removal, and three-fifths of
all votes cast on the proposition shall be required to relocate a county
seat. A jDroposition of removal shall not be submitted in the same
county more than once in four years.
Sec. 3. No new county shall be established which shall reduce any
county to a population of less than four thousand (4,000), nor shall
a new county be formed containing a less population than two thou-
sand (2,000). There shall be no territory stricken from any county
unless a majority of the voters living in such territory shall petition
therefor, and then only under such other conditions as may be pre-
scribed by a general law applicable to the whole state. Every county
which shall be enlarged or created from territory taken from any other
county or counties shall be liable for a just proportion of the existing
debts and liabilities of the county or counties from which such terri-
tory shall be taken: Provided, That in such accounting neither
county shall be charged with any debt or liability then existing, in-
curred in the jDurchase of any county property or in the purchase or
construction of any county buildings then in use or under construc-
tion, which shall fall within and be retained by the county: Prodded
further. That this shall not be construed to affect the rights of
creditors.
Sec. 4. The legislature shall establish a system of county govern-
ment which shall be uniform throughout the state, and by general
laws shall provide for township organization, under which any
county may organize whenever a majority of the qualified electors of
such county voting at a general election shall so determine, and
whenever a county shall adopt township organization, the assessment
and collection of the revenue shall be made, and the business of such
county, and the local affairs of the several townships therein, shall be
managed and transacted in the manner prescribed by such general
law.
Sec. 5, The legislature, by general and uniform laws, shall provide
for the election in the several counties of boards of county commis-
sioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and
other county, township or precinct and district officers, as public con-
venience may require, and shall prescribe their duties and fix their
terms of office. It shall regulate the compensation of all such officers,
in proportion to their duties, and for that purpose may classify the
counties by population. And it shall provide for the strict accounta-
bility of such officers for all fees which may be collected by them, and
for all public moneys which may be paid to them, or officially come
into their possession.
Sec. G. The board of county commissioners in each county shall
fill all vacancies occurring in any county, township, precinct or road
district office of such county by appointment, and officers thus ap-
3994 Washington— 1889
pointed shall hold office till the next general election, and initil their
successors are elected and qualified.
Sec. 7. No count}^ officer shall be eligible to hold his office more
than two terms in succession.
Sec. 8. The legislature shall fix the compensation b}^ salaries of all
county officers, and of constables in cities having a population of
5,000 and upward ; except that public administrators, surveyors and
coroners may or may not be salaried officers. The salary of any
county, city, town or municipal officer shall not be increased or dimin-
ished after his election, or during his term of office; nor shall the
term of any such officer be extended beyond the period for which he
is elected or appointed.
Sec. 9. Xo county, nor the inhabitants thereof, nor the property
therein, shall be released or discharged from its or their proportionate
share of taxes to be levied for state purposes, nor shall connnutation
for such taxes be authorized in any form whatever.
Sec. 10. Corporations for nnmicipal purposes shall not be created
by special laws; but the legislature, by general hiAVS, shall provide for
the incorporation, organization and classification, in proportion to
population, of cities and towns, which laws may be altered, amended
or repealed. Cities and towns heretofore organized or incorporated
may become organized under su.ch general laws whenever a majority
of the electors voting at a general election shall so determine, and
shall organize in conformity therewith; and cities or towns hereto-
fore or hereafter organized, and all charters thereof framed or
adopted by authority of this constitution, shall be subject to and con-
trolled by general laws. Any city containing a population of twenty
thousand inhabitants, or more, shall be permitted to frame a charter
for its own government, consistent with and subject to the constitu-
tion and laws of this state, and for such purpose the legislative
authority of such city may cause an election to be had, at which elec-
tion there shall be chosen b}^ the qualified electors of said city, fifteen
freeholders thereof, who shall have been residents of said city for a
period of at least two years preceding their election, and qualified
electors, whose duty it shall be to convene Avithin ten days after their
election and prepare and propose a charter for such city. Such pro-
posed charter shall be submitted to the qualified electors of said city,
and if a majority of such qualified electors voting thereon ratify the
same, it shall become the charter of said city, and shall become the
organic law thereof, and supersede any existing charter, including
amendments thereto, and all special laws inconsistent with such char-
ter. Said proposed charter shall be published in two daily news-
papers published in said city, for at least thirty days prior to the day
of submitting the same to the electors for their approval, as above
provided. All elections in this section authorized shall only be had
upon notice, which notice shall specify the object of calling such
election, and shall be giA^en for at least ten days before the day of
election, in all election districts of said city. Said elections may be
general or special elections, and except as herein provided shall be
governed b}^ the laAv regulating and controlling general or special
elections in said city. Such charter may be amended by proposals
therefor submitted by the legislative authority of such city to the
electors thereof at any general election after notice of said submission
Washington— 1889 3995
published as above specified, and ratified by a majority of the qualified
electors voting thereon. In submitting any such charter, or amend-
ment thereto, any alternate article or proposition may be presented
for the choice of the voters, and may be voted on separately without
prejudice to others.
Sec. 11. Any county, city, town or township may make and enforce
within its limits all such local police, sanitary and other regulations
as are not in conflict with general laws.
Sec. 12. The legislature shall have no power to impose taxes upon
counties, cities, towns or other municipal corporations, or upon the
inhabitants or property thereof, for county, city, town, or other
municipal purposes, but may by general laws vest in the corporate
authorities thereof the power to assess and collect taxes for such pur-
poses.
Sec. 13. Private property shall not be taken or sold for the payment
of the corporate debt of any public or municipal corporation, except
in the mode provided by law for the levy and collection of taxes.
Sec. 14. The making of profit out of county, city, toAvn or other
public money, or using the same for an}^ purpose not authorized by
law, by any officer having the possession or control thereof, shall be
a felony, and shall be prosecuted and punished as prescribed by law.
Sec. 15. All moneys, assessments and taxes belonging to or col-
lected for the use of any county, city, town or other public or munic-
ipal corporation, coming into the hands of any officer thereof, shall
immediately be deposited with the treasurer, or other legal depositary,
to the credit of such city, town, or other corporation respectively, for
the benefit of the funds to which they belong.
Article XII
CORPORATIONS OTHER THAN MUNICIPAL
Section 1. Corporations may be formed under general laws, but
shall not be created by special acts. All laws relating to corporations
may be altered, amended or repealed by the legislature at any time,
and all corporations doing business in this state may, as to such busi-
ness, be regulated, limited or restrained by law.
Sec. 2. All existing charters, franchises, special or exclusive privi-
leges, under which an actual and bona -fide organization shall not have
taken place, and business been commenced in good faith, at the time
of the adoption of this constitution, shall thereafter have no validity.
Sec. 3. The legislature shall not extend any franchise or charter,
nor remit the forfeiture of any franchise or charter of any corporation
now existing, or which shall hereafter exist under the laws of this
state.
Sec. 4. Each stockholder in all incorporated companies, except cor-
porations organized for banking or insurance purposes, shall be liable
for the debts of the corporation to the amount of his unpaid stock,
and no more, and one or more stockholders may be joined as parties
defendant in suits to recover upon this liability.
Sec. 5. The term corporations, as used in this article, shall be con-
strued to include all associations and joint stock companies having
any powers or privileges of corporations not possessed by individuals
3996 Washington— 1 889
or partnerships, and all corporations shall have the right to sue and
shall be subject to be sued, in all courts, in like cases as natural
persons.
Sec. 6. Corporations shall not issue stock, except to ho7ia fide sub-
scribers therefor, or their assignees; nor shall any corporation issue
any bond, or other obligation, for the payment of money, except for
money or property received or labor done. The stock of corpora-
tions shall not be increased, except in pursuance of a general law, nor
shall any law authorize the increase of stock, without the consent of
the person or persons holding the larger amount in value of the stock,
nor without due notice of the proposed increase having been pre-
viously given in such manner as may be prescribed by law. All fic-
titious increase of stock or indebtedness shall be void.
Sec. 7. Xo corporation organized outside the limits of this state
shall be alloAved to transact business within the state on more favor-
able conditions than are prescribed by law to similar corporations
organized under the laws of this state.
Sec. 8. Xo corporation shall lease or alienate any franchise, so as
to relieve the franchise, or j^roperty held thereunder, from the liabili-
ties of the lessor, or gi-antor, lessee, or grantee, contracted or incurred
in the operation, use, or enjoyment of such franchise or any of its
privileges.
Sec. 9. The state shall not in any manner loan its credit, nor shall
it subscribe to, or be interested in, the stock of any company, associa-
tion or corporation.
Sec. 10. The exercise of the right of eminent domain shall never
be so abridged or construed as to prevent the legislature from taking
the jDroperty and franchises of incorporated companies, and subject-
ing them to public use the same as the property of individuals.
Sec. 11. No corporation, association, or individual shall issue or
put in circulation as money anything but the lawful money of the
United States. Each stockholder of any banking or insurance cor-
poration or joint stock association shall be individually and person-
ally liable, equally and ratably and not one for another, for all con-
tracts, debts and engagements of such corporation or association
accruing while they remain such stockholders, to the extent of the
amount of their stock therein at the par value thereof, in addition to
the amount invested in such shares.
Sec. 12. Any president, director, manager, cashier, or other officer
of any banking institution who shall receive or assent to the recep-
tion of deposits after he shall have knowledge of the fact that such
banking institution is insolvent or in failing circumstances shall be
individually responsible for such deposits so received.
Sec. 13. All railroad, canal and other transportation companies
are declared to be common carriers and subject to legislative control.
Any association or corporation organized for the purpose, under the
laws of the state, shall have the dight to connect at the state line with
railroad of other stages. Every railroad company shall have the
right with its road, whether the same be now constructed or may here-
after be constructed, to intersect, cross or connect with any other rail-
road, and when such railroads are of the same or similar gauge they
shall, at all crossings and at all i)oints where a railroad shall begin or
Washingto7i—l 889 3997
terminate at or near any other railroad, form proper connections, so
that the cars of any such raih-oad companies may be speedily trans-
ferred from one railroad to another. All railroad companies shall
receive and transport each the other's passengers, tonnage and cars
without delay or discrimination.
Sec. 1-i. No railroad company or other common carrier shall com-
bine or make any contract with the owners of any vessel that leaves
port or makes port in this state, or with any common carrier, by
which combination or contract the earnings of one doing the carrying
are to be shared by the other not doing the carrying.
Sec. 15. No discrimination in charges or facilities for transporta-
tion shall be made by any railroad or other transportation company
between places or persons, or in the facilities for transportation of
the same classes of freight or passengers within this state, or coming
from or going to any other state. Persons and property transported
over any railroad, or by any other transportation company, or in-
dividual, shall be delivered at any station, landing or port, at charges
not exceeding the charges for the transportation of persons and prop-
erty of the same class, in the same direction, to any more distant sta-
tion, port or landing. Excursion and commutation tickets may be
issued at special rates.
Sec. 1G. No railroad corporation shall consolidate its stock, prop-
erty or franchises with any other railroad corporation owning a com-
peting line.
Sec. 17. The rolling stock and other movable property belonging
to any railroad company or corporation in this state shall be con-
sidered personal property, and shall be liable to taxation and to exe-
cution and sale in the same manner as the personal property of
individuals, and such property shall not be exempted from execution
and sale.
Sec. 18. The legislature shall f)ass laws establishing reasonable
maximum rates of charges for the transportation of passengers and
freight, and to correct abuses, and to prevent discrimination and
extortion in the rates of freight and passenger tarilfs on the different
railroads and other common carriers in the state, and shall enforce
such laws by adequate penalties. A railroad and transportation
commission maj^ be established and its powers and duties fully
defined by law.
Sec. 19. Any association or corporation, or the lessees or managers
thereof, organized for the purpose, or any individual, shall have the
right to construct and maintain lines of telegraph and telephone
within this state, and said companies shall receive and transmit each
other's messages without delay or discrimination, and all of such com-
panies are hereby declared to be common carriers aud subject to
legislative control. Railroad corporations organized or doing busi-
ness in this state shall allow telegraph and telephone corporations and
companies to construct and maintain telegraph lines on and along the
rights-of-way of such railroads and railroad companies, and no rail-
road corporation organized or doing business in this state shall allow
any telegraph corporation or company any facilities, privileges or
rates for transportation of men or material, or for repairing their
lines, not allowed to all telegraph companies. The right of eminent
3998 Washington— 1889
domain is hereby extended to all telegraph and telephone companies.
The legislature shall, by general law of uniform operation, provide
reasonable regulations to give effect to this section.
Sec. 20. No railroad or other transportation company shall grant
free passes, or sell tickets or passes at a discount, other than as sold
to the public generally, to any member of the legislature, or to any
person holding any public office within this state. The legislature
shall pass laws to carry this provision into effect.
Sec. 21. Railroad companies now or hereafter organized or doing
business in this state, shall allow all express companies organized or
doing business in this state, transportation over all lines of railroad
owned or operated by such railroad companies upon equal terms with
any other express company, and no railroad corporation organized or
doing business in this state shall allow any express corporation or
company any facilities, privileges or rates for transportation of men
or materials or property carried by them, or for doing the business of
such express companies, not allowed to all express companies.
Sec. 22. JMonopolies and trusts shall never be allowed in this state,
and no incorporated company, copartnership or association of persons
in this state shall directly or indirectly combine or make any contract
with any other incorporated company, foreign or domestic, through
their stockholders, or the trustees or assignees of such stockholders, or
with any copartnership or association of persons, or in any manner
whatever, for the purpose of fixing the price or limiting the produc-
tion or regulating the transportation of any product or commodity.
The legislature shall pass laws for the enforcement of this section by
adequate penalties, and in case of incorporated companies, if neces-
sary for that purpose, may declare a forfeiture of their charter.
Article XIII
STATE INSTITUTIONS
Section 1. Educational, i^formatory and penal institutions; those
for the benefit of blind, deaf, dumb or otherwise defective youth, for
the insane or idiotic, and such other institutions as the public good
may require, shall be fostered and suj^ported by the state, subject to
such regulations as ma}^ be provided by law. The regents, trustees,
or commissioners of all such institutions existing at the time of the
adoption of this constitution, and of such as shall thereafter be estab-
lished by law, shall be appointed by the governor, by and with the
advice and consent of the senate ; and upon all nominations made by
the governor, the question shall be taken by the ayes and noes, and
entered upon the journal.
Article XIV
SEAT OF GOVERNMENT
Section 1. The legislature shall have no power to change, or to
locate the seat of government of this state; but the question of the
permanent location of the seat of government of the state shall be
submitted to the qualified electors of the territory, at the election to
be held for the adoption of this constitution. A majority of all the
Washington— 1889 3999
votes cast at said election, upon said question, shall be necessary to
determine the permanent location of the seat of government for the
state; and no place shall ever be the seat of government which shall
not receive a majority of the votes cast on that matter. In case there
shall be no choice of location at said first election, the legislature
shall, at its first regular session after the adoption of this constitu-
tion, provide for submitting to the qualified electors of the state, at
the next succeeding general election thereafter, the question of choice
of location between the three places for which the highest number of
votes shall have been cast at the said first election. Said legislature
shall provide further that in case there shall be no choice of location
at said second election, the question of choice between the two places
for which the highest number of votes shall have been cast, shall be
submitted in like manner to the qualified electors of the state at the
next ensuing general election : Provided, That imtil the seat of gov-
ernment shall have been permanently located as herein provided, the
temporary location thereof shall remain at the city of Olympia.
Sec. 2. When the seat of government shall have been located as
herein provided, the location thereof shall not thereafter be changed
except by a vote of two-thirds of all the qualified electors of the state
voting on that question, at a general election, at Avhich the question of
location of the seat of government shall have been submitted by the
legislature.
Sec. 3. The legislature shall make no appropriations or expendi-
tures for capitol buildings or grounds, except to kee*p the territorial
capitol buildings and grounds in repair, and for making all necessary
additions thereto, until the seat of government shall have been per-
manently located, and the public buildings are erected at the per-
manent capital in pursuance of law.
Article XV
HARBORS AND TIDE WATERS
Section 1. The legislature shall provide for the appointment of a
commission whose duty it shall be to locate and establish harbor lines
in the navigable waters of all harbors, estuaries, bays and inlets of
this state, wherever such navigable waters lie within or in front of the
corporate limits of any city or within one mile thereof upon either
side. The state shall never give, sell or lease to any private person,
corporation or association any rights whatever in the waters beyond
such harbor lines, nor shall any of the area lying between any harbor
line and the line of ordinary high tide, and within not less than fifty
feet nor more than 600 feet of such harbor line (as the commissioners
shall determine) be sold or granted by the state, nor its right to con-
trol the same relinquished, but such area shall be forever reserved
for landings, wharves, streets and other conveniences of navigation
and commerce.
Sec. 2. The legislature shall provide general laws for the leasing
of the right to build and maintain wharves, docks and other struc-
tures upon the areas mentioned in section 1 of this article, but no
lease shall be made for any term longer than thirty years, or the legis-
lature may provide by general laws for the building and maintaining
upon such area, wharves, docks and other structures.
4000 Washington— J 889
Sec. 3. Municipal corporations shall have the right to extend their
streets over intervening tide lands to and across the area reserved as
herein provided.
Article XVI
SCHOOL AND (JRANTED LANDS
Section 1. All the public lands gi^anted to the state are held in
trust for all the people, and none of such lands, nor any estate or
interest therein, shall ever be disposed of unless the full market value
of the estate or interest disposed of, to be ascertained in such manner
as ma J'' be provided by law. be paid or safely secured to the state;
nor shall any lands which the state holds by grant from the United
States (in any case in Avhich the manner of disposal and minimum
price are so prescribed) be disposed of except in the manner and for
at least the price prescribed in the grant thereof, without the consent
of the United States.
Sec. 2. None of the lands granted to the state for educational pur-
poses shall be sold otherwise than at public auction to the highest
bidder. The value thereof, less the improvements, shall, before any
sale, be appraised by a board of appraisers, to be provided by law,
the terms of payment also to be prescribed by law, and no sale shall
be valid miless the sum bid be equal to the aj^praised value of said
land. In estimating the value of such lands for disposal, the value
of the improvements thereon shall be excluded: Proridcd, That the
sale of all school and university land heretofore made by the com-
missioners of any county or the university commissioners. Avhen the
purchase price has been paid in good faith, may be confirmed by the
legislature.
Sec. 3. No more than one-fourth of the land granted to the state
for educational puri)oses shall be sold prior to January 1, 1895, and
not more than one-half prior to January 1, 1905: Provided., That
nothing herein shall be construed as to prevent the state from selling
the timber or stone off of any of the state lands in such manner and
on such terms as may be prescribed by law: And prorided fin-fhei;
That no sale of timber lands shall be valid unless the full value of
such lands is paid or secured to the state.
Sec. 4. No more than one hundred and sixty (ICO) acres of any
granted lands of the state shall be offered for sale in one parcel, and
all lands within the limits of any incorporated city, or within two
miles of the boundary of any incorporated city, where the valuation
of such lands shall be fountl by appraisement to exceed one hundred
dollars ($100) per acre, shall, before the same be sold, be platted
into lots and blocks of not more than five acres in a block, and not
more than one block shall be offered for sale in one parcel.
" Sec. 5. None of the pei'manent school fund shall ever be loaned
to private persons or corporations, but it may be invested in national,
state, county, or municipal bonds.
a See Aiiiendiuent, 1894.
Washington— 1889 4001
Article XVII
*
TIDE LANDS
Section 1. The State of Washington asserts its ownership to the
beds and shores of all navigable waters in the state np to and includ-
ing the line of ordinary high tide, in waters where the tide ebbs and
flows, and up to and including the line of ordinary high water within
the banks of all navigable rivers and lakes: Prorided, That this sec-
tion shall not be construed so as to debar any person from asserting
his claim to vested rights in the courts of the state.
Sec. 2. The state of Washington disclaims all title in and claim to
all tide, swamp and overflowed lands patented by the United States :
Provided, The same is not impeached for fraud.
Article XVIII
state seal --
Section 1. The seal of the State of AVashington shall be, a seal
encircled with the words : " The seal of the State of Washington."
with the vignette of Gen. George Washington as the central figure,
and beneath the vignette the figures " 1889."
Article XIX
EXEMPTIONS
Section 1. The legislature shall protect by law from forced sale a
certain portion of the homestead and other property of all heads of
families.
Article XX
PUBLIC health and VITAL STATISTICS
Section 1. There shall be established by law a state board of health
and a bureau of vital statistics in connection therewith, with such
powers as the legislature may direct.
Sec. 2. The legislature shall enact laws to regulate the j^ractice of
medicine and surgery, and the sale of drugs and medicines.
Article XXI
avatp:r and avater rights
Section 1. The use of the- waters of the state for irrigation, min-
ing and manufacturing purposes shall be deemed a public use.
Article XXII
legislative apportionment
Section 1. Until otherwise provided by law, the state shall be
divided into twenty-four (24) senatorial districts, and said districts
shall be constituted and numbered as follows: The counties of
4002 Washington— 1889
Stevens and Spokane shall constitute the first district, and be entitled
to one senator; the county of Spokane shall constitute the second
district, and be entitled to three senators; the county of Lincoln
shall constitute the third district, and be entitled to one senator; the
counties of Okanogan, Lincoln, Adams and Franklin shall constitute
the fourth district, and be entitled to one senator; the county of
Whitman shall constitute the fifth district, and be entitled to three
senators; the counties of Garfield and Asotin shall constitute the
sixth district, and be entitled to one senator ; the county of Columbia
shall constitute the seventh district, and be entitled to one senator;
the county of AValla Walla shall constitute the eighth district, and be
entitled to two senators; the counties of Yakima and Douglas shall
constitute the ninth district, and be entitled to one senator ; the county
of Kittitas shall constitute the tenth district, and be entitled to one
senator; the counties of Klickitat and Skamania shall constitute the
eleventh district, and be entitled to one senator ; the county of Clarke
shall constitute the twelfth district, and be entitled to one senator ; the
county of Cowlitz shall constitute the thirteenth district, and be
entitled to one senator; the county of Lewis shall constitute the four-
teenth district, and be entitled to one senator; the counties of Pacific
and Wahkiakum shall constitute the fifteenth district, and be entitled
to one senator; the county of Thurston shall constitute the sixteenth
district, and be entitled to one senator; the county of Chehalis shall
constitute the seventeenth district, and be entitled to one senator; the
county of Pierce shall constitute the eighteenth district, and be
entitled to three senators; die county of King shall constitute the
nineteenth district, and be entitled to five senators; the counties of
Mason and Kitsap shall constitute the twentieth district, and be
entitled to one senator; the counties of Jefferson, Clallam and San
Juan shall constitute the twenty-first district, and be entitled to one
senator; the county of Snohomish shall constitute the tAventy-second
district, and shall be entitled to one senator; the counties of Skagit
and Island shall constitute the twenty-third district, and be entitled
to one senator; the county of AMiatcom shall constitute the tAventy-
fourth district, and be entitled to one senator.
Sec. 2. Until otherwise provided by law, the representatives shall
be divided among the several counties of the state in the following
manner: The county of Adams shall have one representative; the
county of Asotin shall have one representative; the county of Che-
halis shall have two representatives; the county of Clarke shall have
three representatives; the county of Clallam shall have one repre-
sentative; the county of Columbia shall have two representatives;
the county of Cowlitz shall have one representative; the county of
Douglas shall have one representative; the county of Franklin shall
have one representative; the county of Garfield shall have one rep-
resentative; the county of Island shall have one representative; the
county of Jefferson shall have two representatives; the county of
King shall have eight representatives; the county of Klickitat shall
have two representatives; the county of Kittitas shall have two repre-
sentatives; the county of Kitsap shall have one representative; the
county of Lewis shall have two representatives; the county of Lin-
coln shall have two representatives; the county of Mason shall have
one representative; the county of Okanogan shall have one repre-
sentative; the county of Pacific shall have one representative; the
Washington^l889 4003
county of Pierce shall have six representatives; the county of San
Juan shall have one representative; the county of Skamania shall
have one rej^resentative ; the county of Snohomish shall have two
representatives; the county of Skagit shall have two representatives;
the county of Spokane shall have six representatives; the county of
Stevens shall have one representative; the county of Thurston shall
have two representatives; the county of Walla Walla shall have three
representatives; the county of Wahkiakum shall have one repre-
sentative; the county of Whatcom shall have two representatives;
the county of Whitman shall have five representatives; the county
of Yakima shall have one representative.
Article XXIII
AMENDMENTS
Section 1. Any amendment or amendments to this constitution
may be proposed in either branch of the legislature, and if the same
shall be agreed to by two-thirds of the members elected to each of
the two houses, such proposed amendment or amendments shall be
entered in their journals, with the ayes and noes thereon, and be sub-
mitted to the qualified electors of the state for their approval, at the
next general election, and if the people approve and ratify such
amendment or amendments, by a majority of the electors voting
thereon, the same shall become part of this constitution, and proc-
lamation thereof shall be made l)y the governor: Prorided, That if
more than one amendment be submitted, they shall be submitted in
such a manner that the people may vote for or against such amend-
ments separately. The legislature shall also cause the amendments
that are to be submitted to the people to be published for at least
three months next preceding the election, in some Aveekly newspa]5er
in every county where a newspaper is published throughout the
state.
Sec. 2. Whenever two-thirds of the members elected to each branch
of the legislature shall deem it necessary to call a convention to revise
or amend this constitution, they shall recommend to the electors to
vote at the next general election for or against a convention, and if a
majority of all the electors voting at said election shall have voted
for a convention, the legislature shall, at the next session, provide by
law for calling the same : and such convention shall consist of a num-
ber of members not less than that of the most numerous branch of
the legislature.
Sec. 3. Any constitution adopted by such convention shall have no
validity until it has been submitted to and adopted by the people.
Article XXIV
boundaries
Section 1. The boundaries of the State of Washington shall be as
follows : Beginning at a point in the Pacific ocean one marine league
due west of and oj^posite the middle of the mouth of the north ship
channel of the Columbia river, thence running easterly to and up the
middle channel of said river and where it is divided by islands up the
4004 • Washington^ 1889
middle of the widest channel thereof to where the forty-sixth parallel
of north latitude crosses said river, near the mouth of the Walla
Walla river; thence east on said forty-sixth parallel of latitude to
the middle of the main channel of the Shoshone or Snake river;
thence follow down the middle of the main channel of Snake river
to a point opposite the mouth of the Kooskooskia or Clear Water
river; thence due north to the forty-ninth parallel of north latitude;
thence west along said forty-ninth parallel of north latitude to the
middle of the channel which separates Vancouver's Island from the
continent, that is to say to a point in longitude 123 degi'ees, 19 min-
utes and 15 seconds west ; thence following the boundary line between
the United States and British possessions through the channel which
separates Vancouver's Island from the continent to the termination
of the boundary line between the United States and British posses-
sions at a point in the Pacific ocean equidistant between Bonnilla
point on Vancouver's Island and Tatoosh Island lighthouse; thence
running in a southerly course and parallel with the coast line, keeping
one marine league off shore, to place of beginning.
Article XXV
JURISDICTION
Section 1. The consent of the State of Washington is hereby given
to the exercise, by the congress of the United States, of exclusiA'e legis-
lation in all cases whatsoever over such tracts or parcels of land as
are now held or reserved by the government of the United States for
the purpose of erecting or maintaining thereon forts, magazines,
arsenals, dockyards, lighthouses and other needful buildings, in
accordance with the provisions of the seventeenth ])aragi'aph of the
eighth section of the first article of the constitution of the I''^nited
States, so long as the same shall be so held and reserved by the United
States: Prorifled. That a sufficient description by metes and bounds,
and an accurate \)\i\{ or map of each such tract or parcel of land be
filed in the proper office of record in the county in Avhich the same is
situated, togetlier with copies of the orders, deeds, patents or other
evidences in writing of the title of the United States: And 'provided.
That all civil process issued from the courts of this state, and such
criminal process as may issue under the authority of this state, against
any person charged with crime in cases arising outside of such reser-
vations, may bo served and executed thereon in the same mode and
mannei', and by the same officers, as if the consent herein given had
not been made.
Article XXVI
COMPACT AVITH THE I XITED STATES
The following ordinance shall be irrevocable without the consent
of the United States and the people of this state :
Firnt: That perfect toleration of religious sentiment shall be
secured, and that no inhabitant of this state shall ever be molested
in ])erson or property on account of his or her mode of religious
worship.
Washington— 1889 4005
/Second: -That the people inhabiting this state do agree and declare
that they forever disclaim all right and title to the unappropriated
public lands lying within the boundaries of this state, and to all lands
lying within said limits owned or held by any Indian or Indian
tribes; and that, until the title thereto shall have been extinguished
by the United States, the same shall be and remain subject to the dis-
position of the United States, and said Indian lands shall remain
under the absolute jurisdiction and control of the congress of the
United States, and that the lands belonging to citizens of the United
States residing without the limits of this state shall never be taxed
at a higher rate than the lands belonging to residents thereof, and
that no taxes shall be imposed by the state on lands or property
therein belonging to or which may be hereafter purchased by the
United States or reserved for use: Provided, That nothing in this
ordinance shall preclude the state from taxing, as other lands are
taxed, any lands owned or held by any Indian who has severed his
tribal relations, and has obtained from the United States or from any
person a title thereto by patent or other grant, save and except such
lands as have been or may be granted to any Indian or Indians under
any act of congress containing a provision exempting the lands thus
granted from taxation, which exemption shall continue so long and to
such an extent as such act of congress may prescribe.
TJmrl: The debts and liabilities of the Territory of Washington,
and payment of the same, are hereby assumed by this state.
Fourth: Provision shall be made for the establishment and mainte-
nance of systems of public schools free from sectarian control, which
shall be open to all the children of said state.
Article XXVII
SCHEDULE
In order that no inconvenience may arise by reason of a change
from a territorial to a state government, it is hereby declared and
ordained as follows :
Section 1. No existing rights, actions, suits, proceedings, contracts
or claims shall be affected by a change in the form of government, but
all shall continue as if no change had taken place; and all process
which may have been issued under the authority of the Territory of
Washington previous to its admission into the Union shall be as
valid as if issued in the name* of the state.
Sec. 2. All laws now in force in the Territory of Washington,
which are not repugnant to this constitution, shall remain in force
until they expire by their own limitation, or are altered or repealed
by the legislature: Provided, That this section shall not be so con-
strued as to validate any act of the legislature of Washington Terri-
tory granting shore or tide lands to any person, company or any
municipal or private corporation.
Sec. 3. All debts, fines, penalties and forfeitures, which have ac-
crued, or may hereafter accrue, to the Territory of Washington, shall
inure to State of Washington.
Sec. 4. All recognizances heretofore taken, or wdiich may be taken
before the change from a territorial to a state government, shall re-
main valid, and shall pass to and may be prosecuted in the name of
7535— VOL 7—09 15
4006 Washington— 1889
the state, and all bonds executed to the Territory of Washington or to
any county or municipal corporation, or to any officer or court in his
or its official capacity, shall pass to the state authorities and their
successors in office, for the uses therein expressed, and may be sued for
and recovered accordingly, and all the estate, real, personal and
mixed, and all judgments, decrees, bonds, specialties, choses in action,
and claims or debts, of whatever description, belonging to the Terri-
tory of Washington, shall inure to and vest in the State of Washing-
ton, and may be sued for and recovered in the same manner, and to
the same extent, by the State of Washington, as the same could have
been by the Territory of Washington.
Sec. 5. 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 Avhich shall then be pending, shall be
prosecuted to judgment and execution in the name of the state. All
offienses committed against the laws of the Territory of Washington,
before the change from a territorial to state government, and which
shall not be prosecuted before such change, may be prosecuted in the
name and by the authority of the State of Washington, with like
effect as though such change had not taken place; and all penalties
incurred shall remain the same as if this constitution had not been
adopted. All actions at law and suits in equity which may be pend-
ing in any of the courts of the Territorj^ of Washington, at the time
of the change from a territorial to a state government, shall be con-
tinued and transferred to the court of the state having jurisdiction
of the subject matter thereof.
Sec. 6. All officers now holding their office under the authority of
the United States, or of the Territory of Washington, shall continue
to hold and exercise their respective offices until they shall be super-
seded by the authority of the state.
Sec. 7. All officers provided for in this constitution, including a
county clerk for each county, when no other time is fixed for their
election, shall be elected at the election to be held for the adoption of
this constitution on the first Tuesday of October, 1889.
Sec. 8. AMienever the judge of the superior court of any county,
elected or appointed under the provisions of this constitution, shall
have qualified, the several causes then pending in the district court
of the territory, except such causes as would have been within the
exclusive jurisdiction of the United States district court, had such
court existed at the time of the commencement of such causes within
such county, and the records, papers and proceedings of said district
court, and the seal and other property pertaining thereto, shall pass
into the jurisdiction and possession of the superior court of such
county. And where the judge is elected for two or more counties, it
shall be the duty of the clerk of the district court having custody of
such papers and records to transmit to the clerk of such county or
counties, other than that in which such records are kept, the original
papers in all cases pending in such district and belonging to the juris-
diction of such county or counties, together with transcript of so
much of the records of said district court as relate to the same; and
until the district courts of the territory shall be superseded in man-
ner aforesaid, the said district courts and the judges thereof shall con-
Washington— 1889 4007
tinue with -the same jurisdiction and powers, to be exercised in the
same judicial districts, respectively, as heretofore, constituted under
the laws of the territory. Whenever a quorum of the judges of the
supreme court of the state shall have been elected and qualified, the
causes then pending in the supreme court of the territory, except
such causes as would have been within the exclusive jurisdiction of
the United States circuit court, had such court existed at the time of
the commencement of such causes, and the papers, records and pro-
ceedings of said court, and the seal and other property pertaining
thereto, shall pass into the jurisdiction and possession of the supreme
court of the state, and until so superseded, the supreme court of the
territory and the judges thereof shall continue Avith like powers and
jurisdiction as if this constitution had not been adopted.
Sec. 9. Until otherwise provided by law, the seal now in use in the
supreme court of the territory shall be the seal of the supreme court
of the state. The seal of the superior courts of the several counties
of the state shall be, until otherwise provided by laAv, the vignette of
General George Washington, with the words : '' Seal of the superior
court of county," surrounding the vignette. The seal of
municipalities, and of all county officers of the territory, shall be the
seals of such municipilities and county officers, respectively, under the
state, until otherwise provided by law.
Sec. 10. Wlien the state is admitted into the Union, and the supe-
rior courts in their respective counties organized, the books, records,
papers and proceedings of the probate court in each county, and all
causes and matters of administration pending therein, shall, upon the
expiration of the term of office of the probate judges, on the second
Monday in January, 1891, pass into the jurisdiction and possession
of the superior court of the same county created by this constitution,
and the said court shall proceed to final judgment or decree, order or
other determination, in the several matters and causes as the terri-
torial probate court might have done if this constitution had not been
adopted. And until the expiration of the term of office of the pro-
bate judges, such probate judges shall perform the duties now im-
posed upon them by the laws of the territory. The superior courts
shall have appellate and revisory jurisdiction over the decisions of
the probate courts, as now provided by law, until such latter courts
expire by limitation.
Sec. 11. The legislature, at its first session, shall provide for the
election of all officers whose election is not provided for elsewhere in
this constitution, and fix the time for commencement and duration
of their term.
Sec. 12. In case of a contest of election between candidates, at the
first general election under this constitution, for judges of the supe-
rior courts, the evidence shall be taken in the manner prescribed by
the territorial laws, and the testimony so taken shall be certified to
the secretary of state; and said officer, together with the governor
and treasurer of state, shall review the evidence and determine who
is entitled to the certificate of election.
Sec. 13. One representative in the congress of the United States
shall be elected from the state at large, at the first election provided
for in this constitution ; and thereafter at such times and places and
4008 Washington— 1889
in such manner as may be prescribed by law. "Wlien a new appor-
tionment shall be made by congress, the legislature shall divide the
state into congressional districts, in accordance with such apportion-
ment. The vote cast for representative in congress, at the hrst elec-
tion, shall be canvassed and the result determined in the manner pro-
vided for by the laws of the territory for the canvass of the vote for
delegate in congress.
Sec. 14. All district, county and precinct officers, who may be in
office at the time of the adoption of this constitution, and the county
clerk of each county elected at the first election, shall hold their re-
spective offices until the second Monday of January, A. I). 1S91, and
until such time as their successors may be elected and qualified, in
accordance with the provisions of this constitution; and the official
bonds of all such officers shall continue in full force and effect as
though this constitution had not been adopted. And such officers
shall continue to receive the compensation now provided until the
same be changed by law.
Sec. 15. The election held at the time of the adoption of this con-
stitution shall be held and conducted in all respects according to the
laws of the territory, and the votes cast at said election for all officers
(where no other provisions are made in this constitution), and for the
adoption of this constitution and the several separate articles, and the
location of the state capital, shall be canvassed and returned in the
several counties in the manner provided by territorial law, and shall
be returned to the secretary of the territory in the manner provided
by the enabling act.
Sec. 1G. The provisions of this constitution shall be in force from
the day on which the president of the United States shall issue his
proclaination declaring the State of Washington admitted into the
Union, and the terms of all officers elected at the first election under
the provisions of this constitution shall commence on the Monday
next succeeding the issue of said proclamation, unless otherwise pro-
vided herein.
Sec. 17. The following separate articles shall be submitted to the
people for adoption or rejection at the election for the adoption of
this constitution : Separate article Xo. 1. '"All persons, male and
female, of the age of 21 years, or over, possessing the qualifications,
provided by this constitution, shall be entitled to vote at all elec-
tions.'' Separate article No. 2. " It shall not be lawful for any indi-
vidual, company or corporation, within the limits of this state, to
manufacture, or cause to be manufactured, or to sell, or offer for sale,
or in any manner dispose of, any alcoholic, malt or spirituous liquors,
except for medicinal, sacramental or scientific purposes." If a major-
ity of the ballots cast at said election on said separate articles be in
favor of the adoption of either of said separate articles, then such
separate articles so receiving a majority shall become a part of this
constitution and shall govern and control any provision of the consti-
tution in conflict therewith."
a Separate articles No. 1. No. 2, were both rejected at the election for adop-
tion of the constitution, October 1, 1889.
Washington— 1889 4009
Sec. 18." The form of ballot to be used in voting for or against this
constitution, or for or against the separate articles, or for the per-
manent location of the seat of government, shall be:
1. For the Constitution.
Against the Constitution.
2. For Woman Suffrage Article.
Against Woman Suffrage Article.
3. For Prohibition Article.
Against Prohibition Article.
4. For the permanent location of the seat of Government.
[Name of place voted for.]
Sec. 19. The legislature is hereby authorized to appropriate from
the state treasury sufficient money to pay any of the expenses of this
convention not provided for by the enabling act of congress.
CERTIFICATE
We, the undersigned, members of the convention to form a consti-
tution for the State of Washington, which is to be submitted to the
people for their adoption or rejection, do hereby declare this to be
the constitution formed by us, and in testimony thereof, do hereunto
set our hands, this twenty-second day of August, anno domini, one
thousand eight hundred and eighty-nine.
John P. Hoyt, President.
Attest :
Jno. I. BooGE, Chief Clerk.
AMENDMENTS
( Ameudmeut 1)
Art. 16. Sec. 5. Investment of School Fund. — None of the per-
manent school fund of this state shall ever be loaned to private per-
sons or corporations, but it may be invested in national, state, county,
municipal, or school district bonds.
Adopted November, 1894.
(Amendment 2)
Art. 6. Sec. 1. Qualifications of Voters. — All male persons of the
age of twenty-one years or over, possessing the following qualifica-
tions, shall be entitled to vote at all elections: They shall be citizens
of the United States; they shall have lived in the state one year, and
in the county ninety days, and in the city, town, ward, or precinct
thirty days immediately preceding the election at which they offer to
vote; they shall be able to read and speak the English language: Pro-
vided, That Indians not taxed shall never be allowed the elective
franchise: And further provided, That this amendment shall not
affect the right of franchise of any person who is now a qualified
elector of this state. The Legislature shall enact laws defining the
manner of ascertaining the qualifications of voters as to their ability
4010 Washington— 1889
to read and speak the English language, and providing for punish-
ment of persons voting or registering in violation of the provisions of
this section.
Approved November, 1896.
(Amendment 3)
Art. 7, Sec. 2, was amended bjr adding the following proviso : '■^And
provided further, That the Legislature shall have power, by appro-
priate legislation, to exempt personal property to the amount of
three hundred dollars for each head of a family liable to assessment
and taxation under the j^rovisions of the laws of this state of which
the individual is the actual bona fide owner."
Approved November, 1900.
WEST VIRGINIA*"
For organic acts issued previous to 1862 relating to the land now included
within West Virginia see in this worlj :
Charter to Raleigh, 15S4 (p. 53).
Charter of Virginia, 1609 (Virginia, p. 3790).
Charter of Virginia, 1612 (Virginia, p. 3802).
Ordinances for Virginia, 1621 (Virginia, p. 3810).
Virginia Bill of Rights, 1776 (Virginia, p. 3812).
Constitution of Virginia, 1776 (Virginia, p. 3812).
Constitution of Virginia, 1830 (Virginia, p. 3819).
Constitution of Virginia, 1850 (Virginia, p. 3829).
ACT FOR THE ADMISSION OF WEST VIRGINIA— 1862
[Thibty-seventh Congress, Second Session]
An Act for the Admission of the State of " West Virginia " into the Union, and
and for other purposes
Wliereas the people inhabiting that portion of Virginia known as
West Virginia did, by a convention assembled in the city of Wheel-
ing, on the twenty-sixth of November, eighteen hundred and sixty-
one, frame for themselves a constitution, Avith a view of becoming a
separate and independent State; and whereas at a general election
held in the counties composing the territory aforesaid, on the third
day of May last, the said constitution was approved and adopted by
the qualified voters of the proposed State; and whereas the legisla-
ture of Virginia, by an act passed on the thirteenth day of May, eigh-
teen hundred and sixty-two, did give its consent to the formation of a
new State within the jurisdiction of the said State of Virginia, to be
known by the name of West Virginia, and to embrace the following-
named counties, to wit: Hancock, Brooke, Ohio, Marshall, Wetzel,
Marion, Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie,
Doddridge, Harrison, Wood, Jackson, Wirt, Eoane, Calhoun, Gilmer,
Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Put-
nam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wy-
oming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh,
Greenbrier, Monroe, Pendleton, Hardy, Hampshire, and Morgan;
and whereas both the convention and the legislature aforesaid have
requested that the new State should be admitted into he Union, and
* Ordinances of the Convention assembled at Wheeling on the 11th of June,
1861. Printed by authority of the Convention. Wheeling. Va : 1861. pp. 22.
o This State was formed, in 1861, of the western counties of Virginia which
had not seceded from the Union, and it was at first proposed to call it the State
of Kanawha.
4011
4012 West Virginia— 1862-1863
the constitution aforesaid being republican in form, Congress doth
hereby consent that the said forty-eight counties may be formed into
a separate and independent State. Therefore,
Be it enacted hy the Setiate and House of Representatives of the
United States, of America in Congress assembled^ That the State of
West Virginia be, 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, and until the next
general census shall be entitled to three members in the House of
Representatives of the United States: Provided always^ That this
act shall not take effect until after the proclamation of the President
of the United States hereinafter provided for.
It being represented to Congress that since the convention of the
twenty-sixth of November, eighteen hundred and sixty-one, that
framed and proposed the constitution for the said State of West Vir-
ginia, the people thereof have expressed a wish to change the seventh
section of the eleventh article of said constitution by striking out the
same and inserting the following in its place, viz : " The children of
slaves born within the limits of this State after the fourth day of
Julj^ eighteen hundred and sixty-three, shall be free; and that all
slaves within the said State who shall, at the time aforesaid, be under
the age of ten years, shall be free when they arrive at the age of
twenty-one years ; and all slaves over ten and under twenty-one years
shall be free when they arrive at the age of twenty-five years; and no
slave shall be permitted to come into the State for permanent resi-
dence therein :" Therefore,
Sec. 2. Be it further enacted^ That whenever the people of AVest
Virginia shall, through their said convention, and by a vote to be
taken at an election to be held within the limits of the said State, at
such time as the convention may provide, make, and ratify the change
aforesaid, and properly certify the same under the hand of the presi-
dent of the convention, it shall be lawful for the President of the
United States to issue his proclamation stating the fact, and there-
upon this act shall take effect and be in force from and after sixty
days from the date of said proclamation.
Approved, December 31, 1862.
PROCLAMATION ANNOUNCING THE ADMISSION OF WEST VIR-
GINIA—1863
By the President of the United States of America
A PROCLAMATION
Whereas, by the act of congress approved the 31st day of Decem-
ber, last, the State of West Virginia was declared to be one of the
United States of America, and was admitted into the Union on an
equal footing with the original states in all respects whatever, upon
the condition that certain changes should be duly made in the pro-
posed constitution for that state :
And whereas proof of a compliance with that condition, as required
by the second section of the act aforesaid, has been submitted to me :
Now, therefore, be it known, that I, Abraham Lincoln, President
West Virginia— 1861-1863 ' 4013
of the United States, do hereby, in pursuance of the act of congress
aforesaid, declare and prochiim that the said act shall take effect and
be in force from and after sixty days from the date hereof.
In witness whereof, I have hereunto set my hand, and caused the
seal of the United States to be affixed.
Done at the city of Washington, this twentieth day of April, in
the year of our Lord one thousand eight hundred and sixty-
[l. s.] three, and of the Independence of the United States the
eighty-seventh.
Abraham Lincoln.
By the President :
William H. Seward,
Secretary of State.
TRANSFER OF TERRITORY TO WEST VIRGINIA— 1866
[Thirty-ninth Congress, First Session]
Joint Resolution giving the consent of Congress to tlie transfer of the oonnties
of Berlveley and Jefferson to the State of West Virginia •
Be it resolved by the Senate atuL House of Representatives of the
United States of America in Congress assemhled. That Congress
hereby recognizes the transfer of the counties of Berkeley and Jeffer-
son from the State of Virginia to West Virginia, and consents thereto.
Approved, March 10, 1866.
CONSTITUTION OF WEST VIRGINIA— 1861-1863 «
Article I
THE STATE
Section 1. The State of West Virginia shall be and remain one
of the United States of America. The Constitution of the United
States, and the laws and treaties made in pursuance thereof, shall be
the supreme law of the land.
Sec. 2. The following counties, formerly parts of the State of Vir-
ginia, shall be included in, and form a part of, the State of West
Virginia, namely : the counties of Hancock, Brooke, Ohio, Marshall,
Wetzel, Marion, Monongalia, Preston, Taylor, Pleasants, Tyler,
Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Cal-
houn, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph,
Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone,
o This constitution was framed by a convention which assembled at Wheeling
November 26, 1861, and completed Its labors February 18, 1862. It was sub-
mitted to the people of the counties named April 3, 1862, and the returns
received showed its ratification by 28,321 votes against 572 votes. The consent
of the body recognized by the Federal Government as the legislature of Virginia
was given, and Congress then passed an act, approved December 31. 1862, pro-
viding for the admission of the new State, upon condition of the adoption of an
amendment by the people represented in convention. This was done, and the
State was admitted, with the amended constitution.
4014 West Virginia— 1861-1863
Logan, Wyoming, Mercer, McDowell, Webster, Pocahontas, Fayette,
Ealeigh, Greenbrier, and Monroe. And if a majority of the votes
cast at the election or elections held, as provided in the schedule
hereof, in the district composed of the counties of Pendleton, Hardy,
Hampshire, and Morgan shall be in favor of the adoption of this con-
stitution, the said four counties shall also be included in, and form
part of, the State of AYest Virginia ; and if the same shall be so
included, and a majority of the votes cast at the said election or elec-
tions in the district composed of the counties of Berkeley, Jefferson,
and Frederick shall be in favor of the adoption of this constitution,
then the three last-mentioned counties shall also be included in, and
form a part of, the State of West Virginia. The State of West Vir-
ginia shall also include so much of the bed, banks, and shores of the
Ohio River as heretofore appertained to the State of Virginia, and
the territorial rights and property in, and the jurisdiction of what-
ever nature over, the said bed, banks, and shores heretofore reserved
by, or vested in, the State of Virginia shall vest in and be hereafter
exercised by the State of AYest Virginia.
Sec. 3. The poAvers of government reside in all the citizens of the
State, and can be rightfully exercised only in accordance with their
will and appointment.
Sec. 4. The legislative, executive, and judicial departments of the
government shall be separate and distinct. Neither shall exercise the
powers properly belonging to either of the others. No person shall
be invested with or exercise the powers of more than one of them at
the same time.
Sec. 5. Writs, grants, and commissions, issued under State author-
ity, shall run in the name of, and official bonds shall be made payable
to, " the State of West Virginia.'' Indictments shall conclude,
" against the peace and dignity of the State of West Virginia."
Sec. 6. The citizens of the State are the citizens of the United
States residing therein; but no person in the military, naval, or ma-
rine service of the United States shall be deemed a resident of this
State by reason of being stationed therein.
Sec. 7. Every citizen shall be entitled to equal representation in
the government, and in all apportionments of representation, equality
of numbers of those entitled thereto shall, as far as practicable, be
preserved.
Article II
BILL or RIGHTS
Section 1. The privilege of the writ of haheas corpus shall not be
suspended, except when in time of invasion, insurrection, or other
l^ublic danger the public safety may require it. No person shall be
held to answer for treason, felony, or other crime not cognizable by a
justice, unless on presentment or indictment of a grand jury. No bill
of attainder, ex post facto law, or law impairing the obligation of a
contract shall be passed.
Sec. 2. Excessive bail shall not be required, or excessive fines im-
posed, or cruel and unusual punishments inflicted. Penalties shall
be proportioned to the character and degree of the offence. No person
shall be compelled to be a witness against himself, or be twice put
in jeopardy for the same offence.
West Virginia— 1861-1863 4015
Se*;. 3. The right of the citizens to be secure in their houses, per-
sons, papers, and effects against unreasonable searches and seizures
shall not be violated. No warrant shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons and things to be seized.
Sec. 4. No law abridging freedom of speech or of the press shall
be passed; but the legislature may provide for the restraint and
punishment of the publishing and vending of obscene books, papers,
and pictures, and of libel and defamation of character, and for the
recovery, in civil actions, by the aggrieved party, of suitable damages
for such libel or defamation. Attempts to justify and uphold an
armed invasion of the State, or an organized insurrection therein,
during the continuance of such invasion or insurrection, by publicly
speaking, writing, or printing, or by publishing or circulating such
writing or printing, may be, by law, declared a misdemeanor, and
punished accordingly.
Sec. 5. In prosecutions and civil suits for libel the truth may be
given in evidence; and if it shall appear to the jury that the matter
charged as libellous is true, and was published with good motives and
for justifiable ends, the verdict shall be for the defendant.
Sec. 6. Private property shall not be taken for public use without
just compensation. No person, in time of peace, shall be deprived of
life, liberty, or property without due process of law. The military
shall be subordinate to the civil power.
Sec. 7. In suits at common law, where the value in controversy
exceeds twenty dollars, the right of trial by jury, if required by either
party, shall be preserved. No fact tried by a jury shall be otherwise
reexamined in any case than according to the rules of the common law.
Sec. 8. The trial of crimes and misdemeanors, unless herein other-
wise provided, shall be by jury, and shall be held publicly and with-
out unreasonable delay, in the county where the alleged offence was
committed, unless upon petition of the accused and for good cause
shown, or in consequence of the existence of war or insurrection in
such county, it is removed to, or instituted in, some other county. In
all such trials the accused shall be informed of the character and cause
of the accusation, and be confronted with the witnesses against him,
and shall have the assistance of counsel for his defence, and com-
pulsory process for obtaining witnesses in his favor.
Sec. 9. No man shall be compelled to frequent or support any
religious worship, place, or ministry whatsoever; nor shall any man
be enforced, restrained, molested, or burdened in his body or goods, or
otherwise suffer, on account of his religious belief ; but all men shall
be free to profess, and by argument to maintain, their opinions in
matters of religion, and the same shall in no wise affect, diminish, or
enlarge their civil capacities. And the legislature shall not prescribe
any religious test whatever; or confer any peculiar privileges or
advantages on any sect or denomination; or pass any law requiring
or authorizing any religious society, or the people of any district
within this State, to levy on themselves or others any tax for the
erection or repair of any house for public worship, or for the support
of any church or ministry ; but it shall be left free to every person to
select his religious instructor, and to make for his support such
private contract as he shall please.
4016 West Virginia— 1861-1863
Sec. 10. Treason against the State shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or on confession in open court.
Treason shall be punished, according to the character of the acts com-
mitted, by the infliction of one or more of the penalties of death, im-
prisonment, fine, or confiscation of the real and personal property of
the offender, as may be prescribed by law.
Article III
ELECTIONS AND OFFICERS
Section 1. The white male citizens of the State shall be entitled to
vote at all elections held Avithin the election districts in which they
respectively reside; but no person who is a minor, or of unsound
mind, or a pauper, or who is under conviction of treason, felony, or
bribery in an election, or who has not been a resident of the State for
one year, and of the county in which he offers to vote for thirty days,
next preceding such offer, shall be permitted to vote while such dis-
ability continues."
Sec. 2. In all elections by the people, the mode of voting shall be
by ballot.
Sec. 3. No voter during the continuance of an election at which he
is entitled to vote, or during the time necessary and convenient for
going to and returning from the same, shall be subject to arrest upon
civil process, or be liable to attend any court or judicial proceeding
as suitor, juror, or witness; or to work upon the public roads; or,
except in time of war or public danger, to render military service.
Sec. 4. No persons, except citizens entitled to vote, shall be elected
or appointed to any State, county, or municipal office. Judges must
have attained the age of thirty-five years, the governor the age of
thirty years, and the attorney-general and senators the age of twenty-
five years, at the beginning of their respective terms of service, and
must have been citizens of the State for five j^ears next preceding, or
at the time this constitution goes into operation.
Sec. 5. Every person elected or appointed to any office or trust,
civil or military, shall, before proceeding to exercise the authority
or discharge the duties of the same, make oath or affirmation that he
will support the Constitution of the United States, and the constitu-
tion of this State; and every citizen of this State may, in time of
war, insurrection, or public danger, be required by law to make like
oath or affirmation, upon pain of suspension of his right of voting
and holding office under this constitution.
Sec. 6. All officers elected or appointed under this constitution may
be removed from office for misconduct, incompetence, neglect of duty,
or other causes, in such manner as may be prescribed by general laws ;
and unless so removed, shall continue to discharge the duties of their
respective offices until their successors are elected or appointed and
qualified.
o See amendment.
West Virginia— 1861-1863 4017
Sec. 7. The general elections of State and county officers, and of
members of the legislature, shall be held on the fourth Thursday of
October. The terms of such officers and members, not elected or
appointed to fill a vacancy, shall, unless herein otherwise provided,
begin on the first day of January next succeeding their election.
Elections to fill vacancies shall be for the unexpired term. Vacancies
shall be filled in such manner as may be prescribed by law.
Sec. 8. The legislature, in cases not provided for in this constitu-
tion, shall prescribe by general laws the terms of office, powers, duties,
and compensation of all public officers and agents, and the manner
in which they shall be elected, appointed, and removed.
Sec. 9. No extra compensation shall be granted or allowed to any
public officer, agent, or contractor, after the services shall have been
rendered, or the contract entered into. Nor shall the salary or com-
pensation of any public officer be increased or diminished during his
term of office.
Sec. 10. Any officer of the State may be impeached for maladmin-
istration, corruption, incompetence, neglect of duty, or any high
crime or misdemeanor. The house of delegates shall have the sole
power of impeachment. The senate shall have the sole power to
try impeachments. When sitting for that purpose, the senators shall
be on oath or affirmation; and no person shall be convicted without
the concurrence of two-thirds of the members present. Judgment
in cases of impeachment 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, judgment, and punishment
according to law. The senate may sit during the recess of the legisla-
ture, for the trial of impeachments.
Sec. 11. Any citizen of this State, w^ho shall, after the adoption of
this constitution, either in or out of the State, fight a duel with deadly
weapons, or send or accept a challenge so to do ; or who shall act as a
second, or knowingly aid or assist in such duel, shall ever thereafter
be incapable of holding any office of honor, trust, or profit under this
State.
Sec. 12. The legislature may provide for a registry of voters. They
shall prescribe the manner of conducting and making returns of elec-
tions, and of determining contested elections; and shall pass such
law^s as may be necessary and proper to prevent intimidation, dis-
order, or violence at the polls, and corruption or fraud in voting.
Article IV
LEGISLATURE
Section 1. The legislative power shall be vested in a senate and
house of delegates. The style of their acts shall be, " Be it enacted hy
the legislature of West Virginia.''''
Sec. 2. The senate shall be composed of eighteen, and the house
of delegates of forty-seven members, subject to be increased accord-
ing to the provisions hereinafter contained.
Sec. 3. The term of office of senators shall be two years, and that of
delegates one year. The senators first elected shall divide themselves
4018 West Virginia— 1861-1863
into two classes, one senator from every district being assigned to each
class; and of these classes, the first, to be designated by lot in such
manner as the senate may determine, shall hold their offices for one
year, and the second for two years; so that after the first election
one-half of the senators shall be elected annually.
Sec. 4. For the election of senators, the State shall be divided into
nine senatorial districts, which number shall not be diminished, but
may be increased as hereinafter provided. Every district shall choose
two senators, but after the first election both shall not be chosen from
the same county. The districts shall be equal, as nearly as practica-
ble, in white population, according to the returns of the United States
census. They shall be compact, formed of contiguous territory, and
bounded by county lines. After every such census the legislature
shall alter the senatorial districts, so far as may be necessary to make
them conform to the foregoing provisions.
Sec. 5. Any senatorial district may at any time be divided by
county lines or otherwise, into two sections, which shall be equal, as
nearly as practicable, in white population. If such division be made,
each section shall elect one of the senators for the district; and the
senators so elected shall be classified in such manner as the senate may
determine.
Sec. 6. Until the senatorial districts are altered by the legislature
after the next census, the counties of Hancock, Brooke, and Ohio
shall constitute the first senatorial district ; Marshall, Wetzell, and
Marion the second; Monongalia, Preston, and Taylor the third;
Pleasants, Tyler, Ritchie, Doddridge, and Harrison the fourth ; Wood,
Jackson, Wirt, Roane, Calhoun, and Gilmer the fifth ; Barbour,
Tucker, Lewis, Braxton, ITpshur, and Randolph the sixth ; Mason,
Putnam, Kanawha, Clay, and Nicholas the seventh; Cabell, Wayne,
Boone, Logan, Wyoming, Mercer, and McDowell the eighth; and
Webster, Pocahontas, Fayette, Raleigh, Greenbrier, and Monroe the
ninth.
Sec. 7. For the election of delegates, every county containing a
white population of less than half the ratio of representation for the
house of delegates, shall, at each apportionment, be attached to some
contiguous county or counties, to form a delegate district.
Sec. 8. A'^lien two or more counties are formed into a delegate
district, the legislature shall provide by law that the delegates to
be chosen by the voters of the district shall be in rotation, residents
of each county, for a greater or less number of terms, proportioned
as nearly as can be conveniently done to the white population of the
several counties in the district.
Sec. 9. After ever}^ census the delegates shall be apportioned as
follows :
The ratio of representation for the house of delegates shall be
ascertained by dividing the whole white population of the State by
the number of which the house is to consist and rejecting the fraction
of a unit, if any, resulting from such division.
Dividing the white population of every delegate district, and of
every county not included in a delegate district, by the ratio thus
ascertained, there shall be assigned to each a number of delegates
equal to the quotient obtained by this division, excluding the frac-
tional remainder.
West Virginia— 1861-1863 4019
The additional delegates necessary to make up the number of which
the house is to consist shall then be assigned to those delegate districts
and counties not included in a delegate district, which would other-
wise have the largest fractions unrepresented. But every delegate
district and county not included in a delegate district shall be entitled
to at least one delegate.
Sec. 10. Until a new apportionment is declared, the counties of
Pleasants and Wood shall form the first delegate district; Calhoun
and Gilmer the second; Clay and Nicholas the third; Webster and
Pocahontas the fourth ; Tucker and Kandolph the fifth ; and McDow-
ell, Wyoming, and Raleigh the sixth. The first delegate district
shall choose two delegates, and the other five one each.
Sec. 11. The delegates to be chosen by the first delegate district
shall, for the first term, both be residents of the county of AVood, and
for the second term, one shall be a resident of Wood, and the other
of Pleasants County; and so in rotation. The delegate to be chosen
by the second delegate district shall, for the first term, be a resident
of Gilmer, and for the second of Calhoun County. The delegate to
be chosen by the third delegate district shall, for the first two terms,
be a resident of Nicholas, and for the third term of Clay County.
The delegate to be chosen by the fourth delegate district shall, for the
first two terms, be a resident of Pocahontas, and for the third term
of Webster County. The delegate to be chosen by the fifth delegate
district shall, for the first three terms, be a resident of Randolph,
and for the fourth term of Tucker County. And the delegate to be
chosen by the sixth delegate district shall, for the first term, be a
resident of Raleigh, for the second term of Wyoming, for the third
term of Raleigh, for the fourth term of Wyoming, and for the fifth
term of McDowell County ; and so, in each case, in rotation.
Sec. 12. Until a new apportionment is declared, the apportionment
of delegates to the counties not included in delegate districts shall be
as follows:
To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette,
Hancock, Jackson, Lewis, Logan, Mason, Mercer, Putnam, Ritchie,
Roane, Taylor, Tyler, Upshur, Wayne, Wetzel, and Wirt Counties,
one delegate each.
To Harrison, Kanawha, Marion, Marshall, Monongalia, and Pres-
ton Counties, two delegates each.
To Ohio County, three delegates.
To Greenbrier and Monroe Counties together, three delegates; of
whom, for the first term, two shall be residents of Greenbrier and one
of Monroe County ; and for the second term, two shall be residents of
Monroe and one of Greenbrier County; and so in rotation.
Sec. 13. If the counties of Pendleton, Hardy, Hampshire, and
Morgan become part of this State, they shall, until the next appor-
tionment, constitute the tenth senatorial district, and choose two
senators. And if the counties of Frederick, Berkeley, and Jefferson
becomes part of this State, they shall, until the next apportionment,
constitute the eleventh senatorial district and choose two senators.
And the number of the senate shall be, in the first case, twenty, and in
the last twenty-two, instead of eighteen.
Sec. 14. If the seven last-named counties become part of this State,
the apportionment of delegates to the same shall, until the next appor-
4020 West Virginia— 1861-1863
tionment, be as follows: To Pendleton and Hardy, one each; to
Hampshire, Frederick, and Jefferson, two each; and the counties of
Morgan and Berkeley shall form the seventh delegate district, and
choose two delegates; of whom, for the first term, one shall be a resi-
dent of Berkele}^ and the other of Morgan County; and for the sec-
ond term, both shall be residents of Berkeley County; and so in
rotation.
But if the counties of Pendleton, Hardy, Hampshire, and Morgan
become part of the State, and Frederick, Berkeley, and Jefferson do
not, then Pendleton, Hardy, and jNIorgan Counties shall each choose
one delegate, and Hampshire two, until the next apportionment.
The number of the house of delegates shall, instead of forty-seven,
be in the first case fifty-seven, and in the last, fifty-two.
Sec. 15. The arrangement of senatorial and delegate districts, and
appointment of delegates, shall hereafter be declared by law, as soon
as possible after each succeeding census taken by authority of the
United States. "\Mien so declared, they shall ai)ply to the first gen-
eral election for members of the legislature to be thereafter held, and
shall continue in force unchanged until such districts are altered and
delegates apportioned under the succeeding census.
Sec. 16. Additional territory may be admitted into and become
part of this State with the consent of the legislature. And in such
case provision shall be made by law for the representation of the
white poi^ulation thereof in the senate and house of delegates, in con-
formity with the principles set forth in this constitution. And the
number of members of which each branch of the legislature is to con-
sist shall thereafter be increased by the representation assigned to
such additional territory.
Sec. 17. Xo person shall be a member of the legislature who shall
not have resided within the district or county for which he was chosen
one year next ]:)receding his election ; and if a senator or delegate
remove from the district or county for which he was chosen, his
office shall be thereby vacated.
Sec. 18. Xo person holding an office of profit under this State or
the United States shall be a member of the legislature.
Sec. 19. Xo person who may have collected or Ijeen entrusted with
public money, whether State, county, township, or municipal, shall
be eligible to the legislature, or to any office of honor, trust, or profit,
until he shall have duly accounted for and paid over such money
according to law.
Sec. 20. The legislature shall meet once in every year, and not
oftener, unless convened by the governor. The regular sessions shall
begin on the third Tuesday of Januar3^
Sec. 21. The governor may convene the legislature, by proclama-
tion, whenever, in his opinion, the public safety or welfare shall
require it. It shall be his dutv to convene them on application of a
majority of the members elected to each branch.
Sec. 22. The seat of government shall be at the city of Wheeling
until a permanent seat of government be established by law.
Sec. 23. Allien, for any cause, the legislature, in the opinion of the
governor, cannot safely meet at the seat of government, the governor,
by proclamation, may convene them at another place.
West Virginia— 1861-1863 4021
Sec. 24. "No session of the legislature, after the first, shall continue
longer than forty-five days, without the concurrence of three-fourths
of the members elected to each branch.
Sec. 25. Neither branch, during the session, shall adjourn for more
than two days without the consent of the other. Nor shall either,
without such consent, adjourn to any other place than that in which
the legislature is then sitting.
Sec. 26. Each branch shall be the judge of the elections, qualifica-
tions, and returns of its own members.
Sec. 27. A majority of each branch 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 as shall be
prescribed by law.
Sec. 28. The senate shall choose from their own body a president,
and the house of delegates one of their own number as speaker.
Each branch shall appoint its own officers and remove them at pleas-
ure, and shall determine its own rules of proceeding.
Sec. 29. Each branch may punish its own members for disorderly
behavior; and, with the concurrence of two-thirds of the members
present, expel a member, but not a second time for the same offence.
Sec. 30. Each branch shall have the power necessary to provide for
its own safety, and the undisturbed transaction of its business, and
may punish, by imprisonment, any person, not a member, for disre-
spectful behavior in its presence, obstructing any of its proceedings,
or any of its officers in the discharge of his duties ; or for any assault,
threatening, or abuse of a member for words spoken in debate. But
such imprisonment shall not extend beyond the termination of the
session, and shall not prevent the punishment of any offence by the
ordinary course of law.
Sec. 31. For words spoken in debate, or any report, motion, or
proposition made, in either branch, a member shall not be questioned
in any other place.
Sec. 32. Members of the legislature shall, in all cases except trea-
son, felony, and breach of the peace, be privileged from arrest during
the session, and for ten days before and after the same.
Sec. 33. Senators and delegates shall receive for their services a
compensation not exceeding three dollars a day during the session of
the legislature, and also ten cents for every mile they shall travel in
going to and returning from the place of meeting by the most direct
route. The president of the senate and speaker of the house shall,
respectively, receive an additional compensation of two dollars a day.
Sec. 34. Bills and resolutions may originate in either branch, to be
passed, amended, or rejected by the other.
Sec. 35. No bill shall become a law until, it has been fully and dis-
tinctly read on three different days in each branch, unless, in cases of
urgency, three-fourths of the members present dispense with this rule.
Sec. 36. No law shall embrace more than one object, which shall be
expressed in its title.
Sec. 37. On the passage of every bill, the vote shall be taken by
yeas and nays, and be entered on the journal; and no bill shall be
passed by either branch without the affirmative, vote of a majority of
the members elected thereto.
7535— VOL 7—09—16
4022 West Virginia— 1862-1863
Sec. 38. The presiding officer of each branch shall sign, before the
close of the session, all bills and joint resolutions passed by the legis-
lature.
Sec. 39. Each branch shall keep a journal of its proceeding, and
cause the same to be published from time to time; and the yeas and
nays on any question, if called for by one-fifth of those present, shall
be entered on the journal.
Article V
EXECUTIVE
Section 1. The chief executive power shall be vested in a governor,
who shall be elected by the voters of the State, and hold his office for
the term of two years, to commence on the fourth day of March next
succeeding his election. The person acting- as governor shall not be
elected or appointed to any other office during his term of service.
Sec. 2. The governor shall reside at the seat of government ; shall
receive two thousand dollars for each year of his service, and, during
his continuance in office, shall receive no other emolument from this
or any other government.
Sec. 3. The governor shall be commander-in-chief of the military
forces of the State; shall have jjower to call out the militia to repel
invasion, suppress insurrection, and enforce the execution of the laws;
shall conduct in person, or in such manner as may be prescribed by
law, all intercourse with other States; and, during the recess of the
legislature, shall fill temporarily all vacancies in office, not provided
for by this constitution or the legislature, by commissions to expire at
the end of thirty days after the commencement of the succeeding
session of the legislature. He shall take care that the laws be faith-
fully executed ; communicate to the legislature at each session thereof
the condition of the State, and recommend to their consideration such
measures as he may deem expedient. He shall have power to remit
fines and penalties in such cases and under such regulations as may be
prescribed by law ; to commute capital punishment, and, except when
the prosecution has been carried on by the house of delegates, to grant
reprieves and pardons after conviction; but he shall communicate to
the legislature, at each session, the particulars of every case of fine or
penalty remitted, of punishment commuted, and of reprieve or par-
don granted, with his reasons for remitting, commuting, or granting
the same.
Sec. 4. The governor may require information in writing from the
officers of the executive department, upon any subject pertaining to
their respective offices, and also the opinion in writing of the attorney-
general upon any question of law relating to the business of the execu-
tive department.
Sec. 5. Returns of the election of governor shall be made, in the
manner and by the persons designated by the legislature, to the secre-
tary of the State, who shall deliver them to the speaker of the house
of delegates on the first day of the next session of the legislature.
The speaker shall, within ten days thereafter, in the presence of a
majority of each branch of the legislature, open the said returns, when
the votes shall be counted. The person having the highest number of
votes, if duly qualified, shall be declared elected ; but if two or more
West Virginia— 1861-1863 4023
have the highest and an equal number of votes, one of them shall
thereui^on be chosen governor by the joint vote of the two branches.
Contested elections for governor shall be decided by a like vote, and
the mode of proceeding in such cases shall be prescribed by law.
Sec. 6, In case of the removal of the governor from office, or of his
death, failure to qualify within the time prescribed by law, resigna-
tion, removal from the seat of government, or inability to discharge
the duties of the office, the said office, with its compensation, duties,
and authority, shall devolve upon the president of the senate ; and in
case of his inability or failure from any cause to act, on the speaker
of the house of delegates. The legislature shall provide by law for
the discharge of the executive functions in other necessary cases.
Sec. 7. A secretary of state, a treasurer, and an auditor shall be
elected at the same time and for the same term as the governor. Their
duties shall be prescribed by law. The secretary of the State shall
receive thirteen hundred, the treasurer fourteen hundred, and the
auditor fifteen hundred dollars per annum.
Sec. 8. The governor shall nominate and, by and with the advice
and consent of the senate, appoint all military officers above the rank
of colonel.
Article VI
JUDICIARY
Section 1. The judicial power of the State shall be vested in a
supreme court of appeals and circuit courts, and such inferior tribu-
nals as are herein authorized.
Sec. 2. . The State shall be divided into nine circuits. The counties
of Hancock, Brooke, Ohio, and Marshall shall constitute the first;
Monongalia, Preston, Tucker, and Taylor the second; Marion, Har-
rison, and Barbour the third; Wetzel, Tyler, Pleasants, Ritchie,
Doddridge, and Gilmer the fourth; Randolph, Upshur, Calhoun,
Roane, Jackson, and Clay the sixth ; Kanawha, Mason, Putnam, and
Fayette the seventh; Cabell, Wayne, Boone, Logan, Wyoming, and
Raleigh the eighth ; and Pocahontas, Greenbrier, Monroe, Mercer,
and McDowell the ninth. If the counties of Pendleton, Hardy,
Hampshire, and Morgan become a part of the State, they shall consti-
tute another circuit, to be called the tenth. And if the counties of
Frederick, Berkeley, and Jefferson become a part of this State, they
shall constitute the eleventh circuit.
Sec. 3. The legislature may, from time to time, rearrange the cir-
cuits; and after the expiration of five years from the time this con-
stitution goes into operation, and thereafter, at periods of ten years,
may increase or diminish the number of circuits, or the number of
courts in a year, as necessity may require.
Sec. 4. For each circuit a judge shall be elected by the voters
thereof, who shall hold his office for the term of six years. During
his continuance in office he shall reside in the circuit of which he is
Sec. 5. A circuit court shall be held in every county at least four
times a year, unless otherwise provided by law, in pursuance of the
third section of this article. The judges may be required or author-
ized to hold the courts of their respective circuits alternately, and a
judge of one circuit to hold a court in any other circuit.
4024 West Virginia— 1861-1863
Sec. 6. The circuit courts shall have the supervision and control
of all proceedings before justices and other inferior tribunals, by
mandamus, prohibition, or certiorari. They shall, except in cases
confined exclusively by this constitution to some other tribunal, have
original and general jurisdiction of all matters at law, where the
amount in controversy, exclusive of interest, exceeds twenty dollars,
and of all cases in equity, and of all crimes and misdemeanors. They,
shall have appellate jurisdiction in all cases, civil and criminal,
weher an appeal, writ of error, or supersedeas may be allowed to the
judgment or proceedings of any inferior tribunal. They shall also
have such other jurisdiction, whether supervisory, original, appellate,
or concurrent, as may be prescribed by law.
Sec. 7. The supreme court of appeals shall consist of three judges,
any two of whom shall be a quorum. They shall be elected by the
voters of the State, and shall hold their offices for the term of twelve
years; except that of those first elected, one, to be designated by lot
in such manner as they may determine, shall hold his office for four
years; another, to be designated in like manner, for eight years, and
the third for twelve years; so that one shall be elected every four
years after the first election.
Sec. 8. The supreme court of appeals shall have original jurisdic-
tion in cases of habeas corpus.^ mandannus^ and prohibition. It shall
have appellate jurisdiction in civil cases Avhere the matter in contro-
versy, exclusive of costs, is of greater value or amount than two hun-
dred dollars; in controversies concerning the title or boundaries of
land, the probate of wills, the appointment or qualification of a per-
sonal representative, guardian, committee, or curator, or concerning
a mill, road, wa3% ferry, or landing, or the right of a corporation or
county to levy tolls or taxes; and also in cases of luibeas corpus, man-
damus, and prohibition, and cases involving freedom, or the consti-
tutionalit}' of a law. It shall have appellate jurisdiction in criminal
cases whei'e there has been a conviction for felony or misdemeanor
in a circuit court, and such other appellate jurisdiction in both civil
and criminal cases as may be prescribed by laAv.
Sec. 9. AMien a judgment or decree is reversed or affirmed by the
supreme court of appeals, every point made and distinctly stated in
writing in the cause, and fairly arising uj^on the record of the case,
shall be considered and decided, and the reasons therefor shall be
concisely and briefly stated in writing, and preserved with the records
of the case.
Sec. 10. When any judge of the court of appeals is so situated in
regard to any case pending before it as to make it improper for him
to aid in the trial of the same, or is under any other disability, the
remaining judges may call to their assistance a judge of the circuit
court, who shall act as a judge of the court of appeals in the cases to
which such disability relates.
Sec. 11. Judges shall be commissioned by the governor. The
salary of a judge of the supreme court of appeals shall be two thou-
sand, and that of a judge of a circuit court eighteen hundred dollars
per annum, and each shall receive the same allowance for neces.sary
travel as members of the legislature.
Sec. 12. No judge, during his term of office, shall hold any other
office, appointment, or public trust, under this or any other govern-
ment, and the acceptance thereof shall vacate his judicial office; nor
West Virginia— 1861-1863 4025
shall he, ilnring his continuance therein, be eligible to any political
office.
Sec. 13. Judges may be removed from office for misconduct, incom-
petence, or neglect of duty, or on conviction of an infamous offence,
by the concurrent vote of a majority of all the members elected to
each branch of the legislature, and the cause of removal shall be
entered on the journals. The judge against whom the legislature
may be about to proceed shall receive notice thereof, accompanied by
a copy of the causes alleged for his removal, at least twenty days
before the day on which either branch of the legislature shall act
thereon.
Sec. 14. The officers of the supreme court of appeals shall be ap-
pointed by the court, or by the judges thereof in vacation. Their
duties, compensation, and tenure of office shall be prescribed by law.
Sec. 15. The voters of each county shall elect a clerk of the circuit
court, whose term of office shall be four j^ears. His duties and com-
pensation, and the mode of removing him from office, shall be pre-
scribed by law; and when a vacancy shall occur in the office, the
judge of the circuit court shall appoint a clerk, who shall discharge
the duties of the office until the vacancy is filled. In any case, in
respect to which the clerk shall be so situated as to make it improper
for him to act, the court shall appoint a substitute.
Sec. 16. At every regular election of a governor, an attorney-gen-
eral shall be elected. He shall be commissioned by the governor;
shall jjerform such duties and receive such compensation as may be
prescribed by law, and be removable in the same manner as the
judges.
Sec. it. The legislature may establish courts of limited jurisdiction
within any incorporated town or city, subject to appeal to the circuit
courts.
Article VII
COUNTIES AND TOWNSHIPS
Section 1. Every county shall be divided into not less than three
nor more than ten townships, laid off as compactly as practicable,
with reference to natural boundaries, and containing, as nearly as
practicable, an equal number of white population, but not less than
four hundred. Each township shall be designated, " The township
of 5 in the county of ," by which name it may sue and be
sued.
Sec. 2. The voters of each township, assembled in stated or special
township meeting, shall transact all such business relating exclusively
to their township as is herein, or may be by law, required or author-
ized. They shall annually elect a supervisor, clerk of the township,
surveyor of roads for each precinct in their township, overseer of the
poor, and such other officers as may be directed by law. They shall
also, every four years, elect one justice, and if the white population of
their township exceeds twelve hundred in number, may elect an addi-
tional justice; and every two years shall elect as many constables as
justices. The supervisor, or, m his absence, a voter chosen by those
present, shall preside at all township meetings and elections, and the
clerk shall act as clerk thereof.
4026 West Virginia— 1861-1863
Sec. 3. The supervisors chosen in the townships of each county
shall constitute a board to be known as " the supervisors of the county
of ," by which name they may sue and be sued, and make and
use a common seal, and enact ordinances and by-laws not inconsistent
with the laws of the State. They shall meet statedly, at least four
times in each year, at the court-house of their county, and may hold
special and adjourned meetings. At their first meeting after the
annual township election, and whenever a vacancy may occur, they
shall elect one of their number president of the board, and appoint a
clerk, who shall keep a journal of their proceedings, and transact
such other business pertaining to his office as may be by them or by
law required, and whose compensation they shall fix by ordinance
and pay from the county treasur3^
Sec. 4. The board of supervisors of each county, a majority of
whom shall be a quorum, shall, under such general regulations as may
be i^rescribed by law, have the superintendence and administration of
the internal affairs and fiscal concerns of their county, including the
establishment and regulation of roads, public landings, ferries, and
mills; the granting of ordinary and other licenses; and the laying,
collecting, and disbursement of the county levies; but all writs of
ad quod damnum shall issue from the circuit courts. They shall from
time to time appoint the places for holding elections in the several
townships of their county; and shall be the judges of the election,
qualifications, and returns of their own meinbers, and of all county
and township officers.
Sec. 5. The voters of every county shall elect a sheriff, prosecuting
attorney, surveyor of lands, recorder, one or more assessors, and such
other comity officers as the legislature may from time to time direct
or authorize; the duties of all of whom shall be prescribed and de-
fined, as far as practicable, by general laws. All the said county
officers shall hold their offices for two years, except the sheriff, whose
term of office shall be four years. The same person shall not be
elected sheriff for two consecutive full terms, nor shall any person who
has acted as deputy of any sheriff be elected his successor, nor shall
any sheriff' act as the deputy of his successor; but the retiring sheriff
shall finish all business remaining in his hands at the expiration of his
term, for which purpose his commission and official bond shall con-
tinue in force. The duties of all the said officers shall be discharged
by the incumbents thereof in person, or under their superintendence.
The board of supervisors shall designate one or more constables of
their respective counties to serve process and levy executions, when
the sheriff thereof is a party defendant in a suit instituted therein,
or is under any other disability.
Sec. 6. The recorder, in addition to the duties incident to the
recording of inventories, and other papers relating to estates, and
deeds and other writings, the registering of births, marriages, and
deaths, and the issuing of marriage licenses, shall have authority,
under such regulations as may be prescribed by law, to receive proof
of wills and admit them to probate, to appoint and qualify personal
representatives, guardians, committees, and curators, to administer
oaths, take acknowledgments of deeds and other writings, and relin-
quishments of dower.
Sec. 7. The legislature shall, at their first session, bj^ general laws,
provide for carrying into effect the foregoing provisions of this
West Virginia— 1861-1863 4027
article. They shall also provide for commissioning such of the offi-
cers therein mentioned as they may deem proper, and may require
any class of them to give bond with security for the faithful discharge
of the duties of their respective offices, and for accounting for and
paying over, as required by*la.w, all money which may come to their
hands by virtue thereof. They shall further provide for the compen-
sation of the said officers by fees, or from the county treasury; and
for the ai^pointment, when necessary, of deputies and assistants,
whose duties and responsibilities shall be prescribed and defined by
general laws. When the compensation of an officer is paid from the
county treasury, the amounts shall be fixed by the board of super-
visors, within limits to be ascertained by law.
Sec. 8. The civil jurisdiction of a justice shall extend to actions
of assumpsit, debt, detinue, and trover, if the amount claimed, ex-
clusive of interest, does not exceed one hundred dollars, when the
defendant resides, or, being a non-resident of the State, is found, or
has effects or estate within his township, or when the cause of action
arose therein; but any other justice of the same county may issue
a summons to the defendant to appear before the justice of the proper
township, which may be served by a constable of either township.
In case of a vacancy in the office of justice or constable in any town-
ship having but one, or of the disability to act of the incumbent, any
other justice or constable of the same county may discharge the duties
of their respective offices within the said township. The manner of
conducting the aforesaid actions, and of issuing summonses and
executions, and of executing and making return of the same, shall be
prescribed by law; and the legislature may give to justices and con-
stables such additional civil jurisdiction and powers, within their
respective townships, as may be deemed expedient.
Sec. 9. Every justice and constable shall be a conservator of the
peace throughout his county, and have such jurisdiction and powers
in criminal cases therein as may be prescribed by law. Jurisdiction
of all misdemeanors and breaches of the peace, punishable by fine not
exceeding ten dollars, or by imprisonment for not more than thirty
days, may be, by law, vested in the justices.
Sec. 10. Either party to a civil suit brought before a justice, where
the value in controversy or the damages claimed exceeds twenty
dollars, and the defendant in such cases of misdemeanor or breach
of the peace as may be made by law cognizable by a single justice,
when the penalty is imprisonment or a fine exceeding five dollars,
shall be entitled to a trial by six jurors, if demanded, under such
regulations as may be prescribed by law.
Sec. 11. In all cases an appeal shall lie, under such regulations as
may be prescribed by law, from the judgment or proceedings of a jus-
tice or recorder, to the circuit court of the county, excepting judg-
ments of justices in assumpsit, debt, detinue, and trover, and for
fines, where the amount does not exceed ten dollars, exclusive of inter-
est and costs, and where the case does not involve the freedom of a
person, the validity of a law, or the right of corporation or county
to levy tolls or taxes.
Sec. 12. No new county shall be formed having an area of less than
four hundred square miles; or if another be thereby reduced below
that area ; or if any territory be thereby taken from a county contain-
ing less than four hundred square miles. And no new county shall
4028 West Virginia— ] 861- J 863
be formed containing a white population of less than four thousand ;
or if the white population of another county be thereby reduced below
that number; or if any county containing less than four thousand
white inhabitants be thereby reduced in area. But the legislature
may, at any time, annex any county containing less than four thou-
sand white inhabitants to an adjoining county or counties as a part
thereof.
Sec. 13. The board of supervisors may alter the bounds of a town-
ship of their county, or erect new townships therein, with the consent
of a majority of the voters of each township interested, assembled
in stated township meeting or in a meeting duly called for the pur-
pose, subject to the provisions of the first section of this article.
Sec. 14. Nothing contained in this article shall impair or affect the
charter of any municipal corporation, or restrict the power of the
legislature to create or regulate such corporations.
Article VIII
TAXATION AND FINANCE
Section 1. Taxation shall be equal and uniform throughout the
State, and all property, both real and personal, shall be taxed in
proportion to its value, to be ascertained as directed by law. No one
species of property from which a tax may be collected shall be taxed
higher than any other species of property of equal value; but prop-
erty used for educational, literary, scientific, religious, or charitable
purposes, and public property, may, by law, be exempted from
taxation.
Sec. 2. A capitation-tax of one dollar shall be levied upon each
white male inhabitant who has attained the age of twenty-one years.
Sec. 3. The legislature shall provide for an annual tax, sufficient
to defray the estimated expenses of the State for each year; and,
whenever the ordinaiT expenses of any year shall exceed the income,
shall levy a tax for the ensuing year, sufficient, with other sources of
income, to pay the deficiency, as well as the estimated expenses of
such year.
Sec. 4. No money shall be drawn from the treasury but in pursu-
ance of appropriations made by law, and an accurate and detailed
statement of the receipts and expenditures of the public money shall
be published annually.
Sec. 5. No debt shall be contracted by this State, except to meet
casual deficits in the revenue, to redeem a previous liability of the
State, to suppress insurrection, repel invasion, or defend the State
in time of war.
Sec. G. The credit of the State shall not be granted to or in aid of
any county, city, town, township, corporation, or person, nor shall
the State ever assume or become responsible for the debts or liabil-
ities of any county, city, town, township, corporation, or person,
unless incurred in time of war or insurrection for the benefit of the
State.
Sec. 7. The legislature may at any time direct a sale of the stocks
owned by the State in banks and other corporations, but the proceeds
of such sale shall be applied to the liquidation of the public debt;
and hereafter the State shall not become a stockholder in any bank.
West Virginia— 1861-186S 4029
If the State become a stockholder in any association or corporation
for purposes of internal improvement, such stock shall be paid for at
the time of subscribing, or a tax shall be levied for the ensuing year,
sufficient to pay the subscription in full.
Sec. 8. An equitable proportion of the public debt of the common-
wealth of Virginia prior to the first day of January, in the year one
thousand eight hundred and sixty-one, shall be assumed by this
State; and the legislature shall ascertain the same as soon as may be
practicable, and provide for the liquidatioji thereof, by a sinking-
fund sufficient to pay the accruing interest and redeem the principal
within thirty-four years.
Article IX
FORFEITED AND UNAPPROPRIATED LANDS
Section 1. All private rights and interests in lands in this State,
derived from or under the laws of the State of Virginia prior to the
time this constitution goes into operation, shall remain valid and
secure, and shall be determined by the laws heretofore in force in the
State of Virginia.
Sec. 2. No entry by warrant on land in this State shall be hereafter
made; and in all cases where an entry has been heretofore made and
has been or shall be so perfected as to entitle the locator to a grant,
the legislature shall make provision by law for issuing the same.
Sec. 3. The legislature shall provide for the sale of all lands in this
State heretofore forfeited to the State of Virginia for the non-pay-
ment of the taxes charged thereon for the year one thousand eight
hundred and' thirty-one, or any year previous thereto, or for the
failure of the former owners to have the same entered on the land-
books of the proper county and charged with the taxes due thereon
for the said or any year previous thereto, under the laws of the
State of Virginia, and also of all waste and unappropriated lands, by
proceedings in the circuit courts of the county where such lands are
situated.
Sec. 4. All lands within this State, returned delinquent for non-
payment of taxes to the State of Virginia since the year one thousand
eight hundred and thirty-one, where the taxes, exclusive of damages,
do not exceed twenty dollars; and all lands forfeited for the failure
of the owners to have the same entered on the land-books of the
proper county, and charged with the taxes chargeable thereon since
the year one thousand eight hundred and thirty-one, where the tract
does not contain more than one thousand acres, are hereby released
and exonerated from forfeiture and from the delinquent taxes and
damages charged thereon.
Sec. 5. All lands in this State heretofore vested in the State of
Virginia by forfeiture, or by purchase at the sheriffs' sales for delin-
quent taxes, and not released or exonerated by the laws thereof, or
bj^ the operation of the preceding section, may be redeemed by the
former owners by payment to this State of the amount of taxes and
damages due thereon at the time of such redemption, within five
years form the day this constitution goes into operation ; and all such
lands not so released, exonerated, or redeemed shall be treated as
forfeited, and proceeded against and sold as provided in the third
section of this article.
4030 West Virginia— 1801-1863
Sec. 6. The former owner of any tract of land in this State sold
under the provisions of this article shall be entitled to receive the
excess of the sum for which such tract may be sold over the taxes and
damages charged and chargeable thereon, and the costs, if his claim
be filed in the circuit court which decreed the sale, within two years
thereafter.
Article X
EDUCATION
Section 1. All money accruing to this State, being the proceeds ol
forfeited, delinquent, waste, and unappropriated lands, and of lands
heretofore sold for taxes and purchased by the State of Virginia, if
hereafter redeemed, or sold to others than this State; all grants,
devises, or bequests that may be made to this State for the purposes
of education, or where the purposes of such grants, devises, or be-
quests are not specified; this State's just share of the literary fund of
Virginia, whether paid over or otherwise liquidated, and any sums
of money, stocks, or property which this State shall have the right
to claim from the State of Virginia for educational purposes; the
proceeds of the estates of all persons who may die without leaving a
will or heir, and of all escheated lands; the proceeds of any taxes
that may be levied on the revenues of any corporation hereafter
created ; all moneys that may be paid as an equivalent for exemption
from military duty, and such sums as may from time to time be
appropriated bv the legislature for the purj)ose, shall be set apart as
a se])arate fund, to be called the school-fund, and invested under such
regulations as may be prescribed by law, in the interest-bearing se-
curities of the United States, or of this State, and the interest thereof
shall be annually aj^plied to the support of free schools throughout
the State, and to no other purpose whatever. But any portion of
said interest remaining unexpended at the close of the fiscal year
shall be added to and remain a part of the capital of the school-fund.
Sec. 2. The legislature shall provide, as soon as practicable, for the
establishment of a thorough and efficient system ' of free schools.
They shall provide for the support of such schools by appropriating
thereto the interest of the invested school-fund ; the net proceeds of
all forfeitures, confiscations, and fines accruing to this State under the
laws thereof; and by general taxation on persons and property, or
otherwise. They shall also i^rovide for raising, in each township, by
the authority of the j^eople thereof, such a proportion of the amount
required for the supjDort of free schools therein as shall be prescribed
by general laws.
Sec. 3. Provision may be made by law for the election and pre-
scribing the powers, duties, and compensation of a general superin-
tendent of free schools for the State, whose term of office shall be the
same as that of the governor, and for a county superintendent for
each county, and for the election in the several townships, by the
voters thereof, of such officers, not specified in this constitution, as
may be necessary to carry out the objects of this article, and for the
organization, whenever it may be deemed expedient, of a State board
of instruction.
West Virginia— 1861-1863 4031
Sec. 4/ The legislature shall foster and encourage moral, intel-
lectual, scientific, and agricultural improvement; they shall, when-
ever it may be practicable, make suitable provision for the blind,
mute, and insane, and for the organization of such institutions of
learning as the best interests of general education in the State may
demand.
Article XI
MISCELLANEOUS
Section 1. No lottery shall be authorized by law ; and the buying,
selling, .or transferring of tickets or chances in any lottery shall be
prohibited.
Sec. 2. No charter of incorporation shall be granted to any church
or religious denomination. Provision may be made by general laws
for securing the title to church property, so that it shall be held and
used for the purpose intended.
Sec. 3. The circuit courts shall have power, under such general
regidations as may be prescribed by law, to grant divorces, change the
names of persons, and direct the sales of estates belonging to infants
and other i^ersons under legal disabilities; but relief shall not be
granted by special legislation in such cases.
Sec. 4. Laws may be passed regulating or prohibiting the sale of
intoxicating liquor within the limits of this State.
Sec. 5. The legislature shall pass general laws whereby any number
of persons associated for mining, manufacturing, insuring, or other
purpose useful to the public, excepting banks of circulation and the
construction of works of internal improvement, may become a cor-
poration, on complying with the terms and conditions thereby pre-
scribed ; and no special act incorporating, or granting peculiar privi-
leges to any joint-stock company or association, not having in view
the issuing of bills to circulate as money or the construction of some
work of internal improvement, shall be passed. No company or
association authorized by this section shall issue bills to circulate as
money. No charter of incorporation shall be granted under such
general laws, unless the right be reserved to alter or amend such
charter, at the pleasure of the legislature, to be declared by general
laws. No act to incorporate any bank of circulation or internal-im-
provement company, or to confer additional privileges on the same,
shall be passed, unless public notice of the intended application for
such act be given under such regulations as shall be prescribed by law.
Sec. 6. For the election of Representatives to Congress, the State
shall be divided into districts, corresponding in number with the
Representatives to which it may be entitled; wdiich district shall be
formed of contiguous counties, and be compact. Each district shall
contain, as nearly as may be, an equal federal number, to be deter-
mined according to the rule prescribed in the second section of the
first article of the Constitution of the United States.
Sec. 7. [The children of slaves born within the limits of this State
after the fourth day of July, eighteen hundred and sixty-three, shall
be free; and all slaves within the said State who shall, at the time
aforesaid, be under the age of ten years shall be free when they
4032 West Virginia— 1861-1863
arrive at the age of twenty-one years; and all slaves over ten and
under twenty-one years shall be free when they arrive at the age of
twenty-five years; and no slave shall be permitted to come into the
State for permanent residence therein.] '^
Sec. 8. Such parts of the common law and of the laws of the State
of Virginia as are in force within the boundaries of the State of
West Virginia when this constitution goes into operation, and are
not repugnant thereto, shall be and continue the law of this State
until altered or repealed by the legislature. All offences against
the laws of Virginia heretofore committed within the boundaries
of this State shall be cognizable in the courts of this State in the
same manner the}?^ would be if hereafter committed within this State.
All civil and criminal suits and jjroceedings pending in the county
or circuit courts of the State of Virginia, held within the said
boundaries, shall be docketed and thereafter proceeded in before the
circuit court of the proper county; and all such suits and proceed-
ings pending in the supreme and district courts of appeals of the
State of Virginia, if the defendant in the court below resides within
the said boundaries, or the subject of the suit is land or other prop-
erty situated or being therein, and the plaintiff is entitled to prose-
cute in this State, shall be docketed, and thereafter proceeded in
before the su^jreme court of appeals thereof.
Sec. 9. The records, books, papers, seals, and other property and
appurtenances of the former circuit and count}' courts, within the
State of West Virginia, shall be transferred to, and remain in, the
care and custody of the circuit courts of the respective counties, to
Avhich all process outstanding at the time this constitution goes
into oj:)eration shall l)e returned, and by which new process in suits
then pending, or previously determined, in the said former courts,
may be issued in proper cases. Copies and transcripts of the records
and j)roceedings of the said former courts shall be made and certified
by the courts having the care and custody of such records and
proceedings, or the proper officers thereof, and shall have the same
force and effect as if they had been heretofore properly made and
certified by the said former courts.
Article XII
AMENDMENTS
Section 1. No convention shall be called having authority to alter
the constitution of the State, unless it be in pursuance of a law
passed by the affirmative vote of a majority of the members elected
to each branch of the legislature, and providing that polls shall be
held throughout the State, on some day therein specified, which
shall not be less than three months after the passage of such law,
for the purpose of taking the sense of the voters on the question of
calling a convention. And such convention shall not be held unless
a majority of the votes cast at such polls be in favor of calling the
a The original form of section seven \A-as as follows : " No slave shall be
brought, or free person of color be permitted to come, into this State for per-
manent residence." Congress made the adoption of the clause in brackets a
condition-precedent to admission into the Union;
West Virginia— 1872 4033
same; norshall members be elected to such convention, until at least
one month after the result of the polls shall be duly ascertained,
declared, and j^ublished. And all acts and ordinances of said con-
vention shall be submitted to the voters of the State for ratification
or rejection, and shall have no validity whatever until they are rati-
fied, and in no event shall they, by any shift or device, be made to
have any retrospective operation or effect.
Sec. 2. Any amendment to the constitution of the State ma}^ be
proposed in either branch of the legislature; and if the same, being
read on three several days in each branch, be agreed to on its third
reading, by a majority of the members elected thereto, the proposed
amendment, with the yeas and nays thereon, shall be entered on the
journals, and referred to the legislature at the first session to be held
after the next general election; and shall be published, at least three
months before such election, in some newspaper in every county in
which a newspaper is printed. And if the proposed amendment be
agreed to during such session, by a majority of the members elected
to each branch, it shall be the duty of the legislature to provide by
law for submitting the same to the voters of the State, for ratification
or rejection. And if a majority of the qualified voters, voting upon
the question at the polls held pursuant to such law, ratify the pro-
posed amendment, it shall be in force from the time of such ratifica-
tion as part of the constitution of the State. If two or more amend-
ments be submitted at the same time, the vote on the ratification or
rejection shall be taken on each separately.
John Hall, President.
Ellery R. Hall, /Secretary.
AMENDMENT TO THE CONSTITUTION OF 1861-1863
(Adopted in 1S6G)
Art. III. Add to section 1 : No person who, since the first day of
June, 1861, has given or shall give voluntary aid or assistance to
the rebellion against the United States shall be a citizen of this
State, or be allowed to vote at any election held therein, unless he
has volunteered into the military or naval services of the United
States, and has been or shall be honorably discharged therefrom.
CONSTITUTION OF WEST VIRGINIA— 1872 * «
Article I
RELATIONS TO THE GOVERNMENT OE THE UNITED STATES .
1. The State of West Virginia is, and shall remain, one of the
United States of America. The Constitution of the United States
of America, and the laws and treaties made in pursuance thereof,
shall be the supreme law of the land.
* Verified by " The Constitution of West Virginia as adopted in 1872, with
amendments since made. C. W. Swislier, Secretary of State." 33 pp.
" With the amendments since made. See Appendix.
4034 West Virginia— 1872
2. The government of the United States is a government of enu-
merated powers, and all powers not delegated to it, nor inhibited
to the States, are reserved to the States or to the people thereof.
Among the powers so reserved to the States is the exclusive regula-
tion of their own internal government and police ; and it is the high
and solemn duty of the several departments of government, created
by this Constitution, to guard and protect the people of this State
from all encroachments upon the rights so reserved.
3. The provisions of the Constitution of the United States, and of
this State, are operative alike in a period of war as in time of peace,
and any departure therefrom, or violation thereof, under the plea of
necessity, or any other plea, is subversive of good government, and
tends to anarchy and despotism.
4. For the election of representatives to Congress, the State shall
be divided into districts, corresponding in number with the repre-
sentatives to which it may be entitled ; which districts shall be formed
of contiguous counties, and be compact. Each district shall contain,
as nearly as may be, an equal number of population, to be determined
according to the rule j3rescribed in the Constitution of the United
States.
Article II
THE STATE
1. The territory of the following counties, formerly parts of the
Commonwealth of Virginia, shall constitute and form the State of
West Virginia, viz. :
The counties of Barbour, Berkeley, Boone, Braxton, Brooke,
Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Green-
brier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson,
KanaAvha, Lewis, Lincoln, Logan, Marion, Marshall, Mason,
McDowell, Mercer, Mineral, Mingo," Monongalia, Monroe, Morgan,
Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam,
Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler,
Upshur, Wayne, AVebster, Wetzel, Wirt, Wood and Wyoming. The
State of West Virginia includes the bed, bank and shores of the
Ohio river, and so much of the Big Sandy river as was formerly
included in the Commonwealth of Virginia ; and all territorial rights
and propert}" in, and jurisdiction over the same, heretofore reserved
by and vested in the Commonwealth of Virginia, are vested in and
shall hereafter be exercised by the State of West Virginia. And
such parts of the said beds, banks and shores, as lie opi^osite, and
adjoining the several counties of this State, shall form parts of said
several counties, respectively.
2. The powers of government reside in all the citizens of the State,
and can be rightfully exercised only in accordance with their will
and appointment.
3. All persons residing in this State, born, or naturalized in the
United States, and subject to the jurisdiction thereof, shall be citizens
of this State.
4. Every citizen shall be entitled to equal representation in the gov-
ernment, and, in all apportionments of representation, equality of
"Mingo county created by Acts 1895.
West Virginia— 1872 4035
numbers t)f those entitled thereto, shall as far as practicable, be
preserved.
5. No distinction shall be made between resident aliens and citizens,
as to the acquisition, tenure, disposition or descent of property.
6. Treason against the State shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and com-
fort. No person shall be convicted of treason, unless on the testimony
of two witnesses to the same overt act, or on confession in open court.
Treason shall be j^unished, according to the character of the acts com-
mitted, by the infliction of one, or more of the penalties, of death,
imprisonment or fine, as may be prescribed by law.
7. The present seal of the State with its motto, " Montani Semper
Liberi,'' shall be the great seal of the State of West Virginia, and
shall be kept by the Secretary of State, to be used by him officially, as
directed by law.
8. Writs, grants and commissions, issued under the authority of
this State shall run in the name of, and official bonds shall be made
payable to the State of West Virginia. Indictments shall conclude,
"Against the peace and dignity of the State."
Article III
BILL or RIGHTS
1. All men are, by nature, equally free and independent, and have
certain inherent rights, of which, when they enter into a state of
society, they cannot, by any compact, deprive or divest their posterity,
namely ; the enjoyment of life and liberty, with the means of acquir-
ing and possessing property, and of pursuing and obtaining happiness
and safety.
2. All power is vested in, and consequently derived from, the peo-
ple. Magistrates are their trustees and servants, and at all times
amenable to them.
3. Government is instituted for the common benefit, protection
and security of the people, nation or community. Of all its various
forms that is the best, which is caj^able of producing the greatest
degree of happiness and safety, and is most effectually secured
against the danger of maladministration ; and when any government
shall be found inadequate or contrary to these purposes, a majority
of the community has an indubitable, inalienable, and indefeasible
right to reform, alter or abolish it in such a manner as shall be judged
most conducive to the public weal.
4. The privilege of a writ of habeas corpus shall not be suspended.
No person shall be held to answer for treason, felony or other crime
not cognizable by a justice, unless on presentment or indictment of
a grand jury. No bill of attainder, ex-post facto law, or law im-
pairing the obligation of a contract, shall be passed.
5. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted. Penalties shall be pro-
portioned to the character and degree of the offense. No person shall
be transported out of, or forced to leave the State for any offense
committed within the same; nor shall any person, in any criminal
case, be compelled to be a witness against himself, or be twice put in
jeopardy of life or liberty for the same offense.
4036 West Virginia— 1872
6. The right of citizens to be secure in their houses, persons,
papers and effects, against unreasonable searches and seizures, shall
not be violated. No warrant shall issue except upon probable cause,
supported by oath or affirmation, particularly describing the place
to be searched, or the person or thing to be seized.
7. No law abridging the freedom of speech, or of the press, shall
be passed ; but the Legislature may by suitable penalties, restrain the
publication or sale of obscene books, papers or pictures, and provide
for the punishment of libel, and defamation of character, and for
the recovery in civil actions, by the aggrieved party, of suitable
damages for such libel, or defamation.
8. In prosecutions, and civil suits for libel, the truth may be given
in evidence ; and if it shall appear to the jury that the matter charged
as libellous, is true, and was published with good motives, and for
justifiable ends, the verdict shall be for the defendant!
9. Private property shall not be taken or damaged for public use,
without just comj)ensation; nor shall the same be taken by any com-
pany, incorporated for the purpose of internal improvements, until
just compensation shall have been paid or secured to be paid, to the
owner; and when j)rivate property shall be taken, or damaged, for
public use, or for the use of such corporations, the compensation
to the owner shall be ascertained in such manner, as may be pre-
scribed by general law; Provided, that when required by either of
the parties, such compensation shall be ascertained by an impartial
jury of twelve freeholders.
10. No person shall be deprived of life, libertj^, or property, with-
out due process of law, and the judgment of his peers.
11. Political tests requiring persons, as a pre-requisite to the enjoy-
ment of their civil and political rights, to purge themselves by their
own oaths, of j^ast alleged offences, are repugnant to the principles
of free government, and are cruel and oppressive. No religious or
political test oath shall be required as a pre-requisite or qualification
to vote, serve as a juror, sue, plead, appeal, or pursue any profession
or employment. Nor shall any person be deprived by law, of any
right, or privilege, because of any act done prior to the passage of
such law.
12. Standing armies in time of peace, should be avoided as danger-
ous to liberty. The militar}^ shall be subordinate to the civil power;
and no citizen, unless engaged in the military service of the State,
shall be tried or punished by any military court, for any offense that
it cognizable by the civil courts of the State. No soldier shall, in
time of peace, be quartered in any house, without the consent of the
owner; nor in time of war, except in the manner to be prescribed
by law.
13. [As amended — Acts 1879, p. 182.] In suits at common law,
where the value in controversy exceed twenty dollars exclusive of
interests and costs, the right of trial by jurv, if required by either
party, shall be preserved; and in such suit before a justice a jury may
consist of six persons. No fact tried by a jury shall be otherwise
re-examined in any case than according to the rules of the common
law.
14. Trials of crimes, and of misdemeanors, unless herein otherAvise
provided, shall be by a jury of twelve men, public, without unrea-
West yirginia~1872 . 4037
sonable delay, and in the county where the alleged offence was com-
mitted, unless upon petition of the accused, and for good cause shown,
it is removed to some other county. In all such trials, the accused
shall be fully and plainly informed of the character and cause of
the accusation, and be confronted w^ith the witnesses against him, and
shall have the assistance of counsel, and a reasonable time to prepare
for his defence; and there shall bo awarded to him compulsory
process for obtaining witnesses in his favor.
15. No man shall be compelled to frequent or support any religious
Avorship, place or ministry whatsoever; nor shall any man be enforced,
restrained, molested or burthened, in his body or goods, or otherwise
suffer, on account of his religious opinions or belief, but all men
shall be free to profess, and by argument, to maintain their opinions
in matters of religion; and the same shall, in no wise, affect, diminish
or enlarge their civil capacities; and the legislature shall not prescribe
any religious test whatever, or confer any peculiar privileges or ad-
vantages on any sect or denomination, or pass any law requiring or
authorizing any religious society, or the people of any district within
this State, to levy on themselves, or others, any tax for the erection
or rejDair of any house for public worship, or for the support of any
church or ministry, but it shall be left free for every person to select
his religious instructor, and to make for his support, such private
contract as he shall please.
16. The right of the people to assemble in a peaceable manner, to
consult for the common good, to instruct their representatives, or to
apply for redress of grievances, shall be held inviolate.
17. The courts of this State shall be open, and every person, for
an injury done to him, in his person, property or reputation, shall
have remedy by due course of law; and justice shall be administered
without sale, denial or delay.
18. No conviction shall work corruption of blood or forfeiture of
estate.
19. No hereditary emoluments, honors, or privileges shall ever be
granted or conferred in this State.
20. Free government and the blessings of liberty can be preserved
to any people only by a firm adherence to justice, moderation, tem-
perance, frugality and virtue, and by a frequent recurrence to funda-
mental principles.
Article IV
ELECTIONS AND OFFICERS
1. The male citizens of the State shall be entitled to vote at all elec-
tions held within the counties in which they respectively reside; but
no person who is a minor, or of unsound mind, or a pauper, or who
is under conviction of treason, felony, or bribery in an election, or
who has not been a resident of the State for one year, and of the
county in which he offers to vote, sixty days next preceding such
offer, shall be permitted to vote while such disability continues; but
no person in the military, naval or marine service of the United
States shall be deemed a resident of this State by reason of being
stationed therein,
7535— VOL 7—09 17
4038 West Virginia— 1872
2. In all elections by the people, the mode of voting shall be by
ballot; but the voter shall be left free to vote by either open, sealed
or secret ballot, as he may elect.
3. No voter, during the continuance of an election at which he is
entitled to vote, or during the time necessary and convenient for
going to and returning from the same, shall be subject to arrest upon
civil i^rocess, or be compelled to attend an}^ court, or judicial pro-
ceeding, as suitor, juror or witness; or to work upon the public
roads ; or, except in time of war or public danger, to render military
service.
4. No person, except citizens entitled to vote, shall be elected or
appointed to any State, county or municipal oiRce ; but the Governor
and Judges must have attained the age of thirty, and the Attorney
General and Senators the age of twenty-fiv^e years, at the beginning
of their respective terms of service; and must have been citizens of
the State for five years next preceding their election or appointment,
or be citizens at the time this Constitution goes into operation.
5. Every j^erson elected or appointed to any office, before i:)roceed-
ing to exercise the authority, or discharge the duties thereof, shall
make oath or affirmation that he will support the Constitution of the
United States and the Constitution of this State, and that he will
faithfully discharge the duties of his said office to the best of his skill
and judgment, and no other oath, declaration, or test shall be required
as a qualification, unless herein otherwise provided.
6. AH officers elected or appointed under this Constitution, may,
unless in cases herein otherwise provided for, be removed from office,
for official misconduct, incompetence, neglect of duty, or immorality,
in such manner as may be prescribed by general laws, and unless so
removed they shall continue to discharge the duties of their respective
offices until their successors are elected, or appointed and qualified.
7. [As amended — Acts 1883, p. 137.] The general elections of State
and county officers, and of members of the legislature, shall be held
on the Tuesday next after the first Monday in November, until other-
wise provided by law. The terms of such officers not elected, or
appointed to fill a vacancy, shall, unless herein otherwise provided,
begin, on the first day of January ; and of the members of the legis-
lature, on the first day of December next succeeding their election.
Elections to fill vacancies shall be for the unexpired term. AA^ien
vacancies occur prior to any general election, they shall be filled by
appointments, in such manner as may be prescribed herein, or by
general law, which appointments shall expire at such time after the
next general election as the person so elected to fill such vacancy
shall be qualified.
8. The legislature, in cases not provided for in this Constitution,
shall prescribe, by general laAvs, the terms of office, powers, duties
and compensation of all public officers and agents, and the manner
in which they shall be elected, appointed and removed.
9. Any officer of the State mjiy be impeached for mal-administra-
tion, corruption, incompetency, gross immorality, neglect of duty, or
any high crime or misdemeanor. The House of Delegates shall have
the sole power of impeachment. The Senate shall have the sole
poAver to try impeachments, and no person shall be convicted without
the concurrence of two-thirds of the members elected thereto. When
West Virginia— 1872 4039
sitting as a court of impeachment, the President of the Supreme
Court of Appeals, or if from any cause it be improper for him to
act, then any other judge of that court, to be designated by it, shall
preside; and the Senators shall be on oath or affirmation to do justice
according to law and evidence. Judgment in cases of impeachment
shall not extend further than to removal from office, and disqualifica-
tion to hold any office of honor, trust or profit, under the State ; but
the party convicted shall be liable to indictment, trial, judgment and
punishment, according to law. The Senate may sit during the recess
of the Legislature, for the trial of impeachments.
10. Any citizen of this State, who shall, after the adoption of this
Constitution, either in, or out of the State, fight a duel with deadly
weapons, or send or accept a challenge so to do, or who shall act as
a second or knowingly aid, or assist in such duel, shall, ever there-
after, be incapable of holding any office of honor, trust or profit in
this State.
11. The Legislature shall prescribe the manner of conducting and
making returns of elections, and of determining contested elections;
and shall pass such laws as may be necessary and proper to prevent
intimidation, disorder or violence at the polls, and corruption or
fraud in voting, counting the vote, ascertaining and declaring the
result, or fraud in any manner, upon the ballot.
12. [As amended in 1902, Acts 1001, p. 472.] The Legislature
shall enact proper laws for the registration of all qualified voters in
this State.
Article V
DIVISION or POWERS
1. The Legislative, Executive and Judicial Departments shall be
separate and distinct, so that neither shall exercise the powers prop-
erly belonging to either of the others ; nor shall any person exercise
the powers of more than one of them at the same time, except
that justices of the peace shall be eligible to the Legislature.
»
Article VI
LEGISLATURE
1. The legislative power shall be vested in a Senate and House of
Delegates. The style of their Acts shall be, " Be it enacted by the
Legislature of West Virginia."
2. The Senate shall be composed of twenty-four, and the House of
Delegates of sixty-five members,'^ subject to be increased according to
the provisions hereinafter contained.
3. Senators shall be elected for the term of four years and Delegates
for the term of two years. The Senators first elected, shall divide
themselves into two classes, one Senator from every district being
assigned to each class ; and of these classes, the first to be designated
by lot in such manner as the Senate may determine, shall hold their
seats for two years; and the second for four years, so that after the
first election, one-half of the Senators shall be elected biennially.
4040 West Virginia— 1872
4. For the election of Senators, the State shall be divided into
twelve Senatorial Districts," which number shall not be diminished,
but may be increased as hereinafter provided. Every district shall
elect two Senators, but where the district is composed of more than
one county, both shall not be chosen from the same county. The dis-
tricts shall be compact, formed of contiguous territory, bounded by
county lines, and, as nearly as practicable, equal in population, to be
ascertained by the census of the United States. After every such
census, the Legislature shall alter the Senatorial Districts, so far as
may be necessary to make them conform to the foregoing provision.
5. Until the Senatorial Districts^ shall be altered by the Legisla-
ture as herein prescribed, the counties of Hancock, Brooke and Ohio
shall constitute the first Senatorial District; Marshall, Wetzel and
Marion, the second; Eitchie, Doddridge, Harrison, Gilmer and Cal-
houn, the third ; Tyler, Pleasants, Wood and Wirt the fourth ; Jack-
son, Mason, Putnam and Roane, the fifth; Kanawha, Clay, Nicholas,
Braxton and Webster, the sixth, Cabell, Wayne, Lincoln, Boone,
Logan, Wyoming, McDowell and Mercer, the seventh; Monroe,
Greenbrier, Sunnners, Pocahontas, Fayette and Raleigh, the eightli;
Lewis, Randolph, Ui:)shur, Barbour, Taylor and Tucker the ninth ;
Preston and Monongalia, the tenth; Hampshire, Mineral, Hardy,
Grant and Pendleton, the eleventh; Berkeley, ^lorgan and Jefferson,
the twelfth.
G. For the election of Delegates, every county containing a popula-
tion of not less than three-fifths of the ratio of representation for the
House of Delegates, shall, at each apj^ortionment, be attached to some
contiguous county or counties, to form a Delegate District.*'
7. After every census the Delegates shall be apportioned as follows:
The ratio of representation for the House of Delegates shall be ascer-
tained by dividing the whole population of the State by the number of
which the House is to consist and rejecting the fraction of a unit, if
any, resulting from such division. Dividing the population of every
Delegate District, and of everv county not included in a Delegate
District, by the ratio thus ascertained, there shall be assigned to each
a number of Delegates equal to the quotient obtained by this (^ivision,
excluding the fractional remainder. The additional Delegates neces-
sary to make up the number of which the House is to consist, shall
then be assigned to those Delegate Districts, and counties not included
in a Delegate District, which would otherwise have the largest frac-
tions unrepresented; but every Delegate District and county not
included in a Delegate District shall be entitled to at least one
Delegate.
8. Until a new apportionment shall be declared, the counties of
Pleasants and Wood shall form the first Delegate District, and elect
three Delegates ; Ritchie and Calhoun the second, and elect two Dele-
gates; Barbour, Harrison and Taylor the third, and elect one Dele-
gate; Randolph and Tucker the fourth, and elect one Delegate;
Nicholas, Clay and Webster the fifth, and elect one Delegate; Mc-
Dowell and Wyoming the sixth, and elect one Delegate.
o The Senate now consists of 30 and the House of Delegates of 80 members ;
see Acts 1901, chap. 10.
''There are now fifteen senatorial districts — see Acts li»()l, chap. 10.
'■Since 1001 there have been no delegate districts; each county has at least
one delegate ; see Acts 1901, chap. 10.
West Virginia— 1872 4041
9. Until a new apportionment shall be declared the apportionment
of Delegates to the connties not inclnded in Delegate Districts, and to
Barbour, Harrison and Taylor counties, embraced in such Districts,
shall be as follows :
To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette,
Hampshire, Hancock, Jackson, Lewis, Logan, Greenbrier, Monroe,
Mercer, Mineral, . Morgan, Grant, Hardy, Lincoln, Pendleton, Put-
nam, Roane, Gilmer, Taylor, Tyler, Upshur, Wayne, Wetzel, Wirt,
Pocahontas, Summers and Raleigh counties, one Delegate each.
To Berkeley, Harrison, Jefferson, Marion, Marshall, Mjjson, Mo-
nongalia and Preston counties two Delegates each.
To Kanawha comity, three Delegates.
To Ohio county, four Delegates.
10. The arrangement of the Senatorial and Delegate Districts, and
apportionment of Delegates, shall hereafter be declared by law, as
soon as possible after each succeeding census, taken by authority of
the United States. When so declared they shall apply to the first
general election for members of the Legislature, to be thereafter held,
and shall continue in force unchanged, until such Districts shall be
altered, and Delegates apportioned, under the succeeding census.
11. Additional territory may be admitted into, and become part of
this State, with the consent of the Legislature and a majority of the
qualified voters of the State, voting on the question. And in such
case provision shall be made by law for the representation thereof in
the Senate and House of Delegates, in conformity with the principles
set forth in this Constitution. And the number of members of which
each house of the Legislature is to consist, shall thereafter be in-
creased by the representation assigned to such additional territory.
12. No person shall be a Senator or Delegate who has not for one
year next preceding his election, been a resident within the District
or county from Avhich he is elected ; and if a Senator or Delegate
remove from the District or county for which he was elected, his
seat shall be thereby vacated.
13. No person holding a lucrative office under this State, the United
States, or any foreign government; no member of Congress; no per-
son who is a salaried officer of any railroad company, or who is
sheriff, constable, or clerk of any court of record, shall be eligible to
a seat in the Legislature.
14. No person Avho has been, or hereafter shall be convicted of brib-
ery, perjury, or other infamous crime, shall be eligible to a seat in the
Legislature. No person who may have collected or been entrusted
with public money, whether State, county, township, district, or other
municipal organization, shall be eligible to the Legislature, or to any
office of honor, trust or profit in this State until he shall have duly
accounted for and paid over such money according to law.
15. No Senator or Delegate, during the term for which he shall
have been elected, shall be elected or appointed to any civil office of
profit under this State, which has been created, or the emoluments of
which have been increased during such term, except offices to be filled
by election by the people. Nor shall any member of the Legislature
be interested, directly or indirectly, in any contract with the State, or
any county thereof, authorized by any law passed during the term for
which he shall have been elected.
4042 West Virginia— 1872
IG. Members of the Legislature, before they enter upon their duties,
shall take and subscribe the following oath or affirmation : '•'" I do sol-
emnly swear (or affirm) that 1 will support the Constitution of the
United States, and the Constitution of the State of West Virginia,
and faithfully discharge the duties of Senator (or Delegate) accord-
ing to the best of my ability ; " and they shall also take this further
oath, to-wit : '' I will not accept or receive, directly or indirectly, any
money or other valuable thing, from any corporation, company, or
person, for an}^ vote or influence I may give or Avithhold, as Senator
(or Delegate), or any bill, resolution or appropriation, or for any act
I may do or perform as Senator (or Delegate)." These oaths shall
be administered in the hall of the house to which the member is
elected, b}' a Judge of the Supreme Court of Appeals, or of a Circuit
Court, or by any other person authorized by law to administer an
oath; and the Secretary' of State shall record and file said oaths sub-
scribed b)^ each member; and no other oath or declaration shall be
required as a qualification. Any member who shall refuse to take the
oath herein j^rescribed. shall forfeit his seat ; and any member who
shall be convicted of having violated the oath last above required to
be taken, shall forfeit his seat and be disqualified thereafter from
holding any office of profit and trust in this State.
17. Members of the Legislature shall, in all cases except treason,
felony, and breach of the peace, be privileged from arrest during the
session, and for ten days before and after the same; and for words
spoken in debate, or any report, motion or proposition made in either
house, a member shall not be questioned in any other place.
18. The Legislature shall assemble at the seat of Government bien-
nially and not oftener, unless convened by the Governor. The first
session of the Legislature, after the adoption of this Constitution,
shall commence on the third Tuesday of November, 1872, and the
regular biennial session of the Legislature shall commence on the
second Wednesday of January, 1875, and every two 3^ears thereafter,
on the same day.
19. The Governor may convene the Legislature by proclamation
whenever, in his opinion, the public safety or welfare shall require it.
It shall be his duty to convene it, on application in writing, of three-
fifths of the members elected to each House.
20. The seat of Government shall be at Charleston, until otherwise
provided by law.
21. The Governor may convene the Legislature at another place,
when, in his opinion, it can not safely assemble at the seat of Govern-
ment, and the Legislature may, when in session, adjourn to some other
place, when in its opinion, the public safety or welfare, or the safety
of the members, or their health shall require it.
22. No session of the Legislature, after the first, shall continue
longer than fortv-five days, without the concurrence of two-thirds of
the members elected to each House.
23. Neither House shall, during the session, adjourn for more than
three days, without the consent of the other. Nor shall either, with-
out such consent, adjourn, to any other place than that in which the
Legislature is sitting.
24. A majority of the members elected to each House of the Legis-
lature, shall constitute a quorum. But a smaller number may ad-
journ from day to day, and shall be authorized to compel the attend-
ance of absent members, as each House may provide. Each House
West Virginia— 187^ 4043
shall determine the rules of its proceedings and be the judge of the
elections, returns and qualifications of its own members. The Senate
shall choose, from its own body, a President ; and the House of Dele-
gates, from its own body, a Speaker. Each House shall appoint its
own officers, and remove them at pleasure. The oldest Delegate pres-
ent shall call the House to order, at the oi:)ening of each new house of
Delegates, and preside over it until the Si:>eaker thereof shall have
been chosen, and have taken his seat. The oldest member of the Sen-
ate present at the commencement of each regular session thereof, shall
call the Senate to order, and iDreside over the same until a President
of the Senate shall have been chosen and have taken his seat.
25. Each House may punish its own members for disorderly be-
havior, and with the concurrence of two-thirds of the members elected
thereto, expel a member, but not twice for the same offence.
26. Each House shall have power to provide for its own safety, and
the undisturbed transaction of its business, and may punish by
imprisonment, any person not a member, for disrespectful behavior in
its presence ; for obstructing any of its proceedings, or of its officers
in the discharge of his duties, or for any assault, threat or abuse of a
member, for words spoken in debate. But such imprisonment shall
not extend beyond the termination of the session, and shall not pre-
vent the punishment of any offence, by the ordinary course of law.
27. Laws shall be enacted and enforced, by suitable provisions and
jDenalties requiring sheriffs, and all other officers, whether State,
county, district or municipal, who shall collect or receive, or whose
official duty it is, or shall be, to collect, receive, hold or pay out any
money belonging to, or which is, or shall be, for the use of the State
or of any county, district, or municipal corporation, to make annual
account and settlement therefor. Such settlement, when made, shall
be subject to exceptions, and take such direction, and have only such
force and effect, as may be provided by law ; but in all cases, such set-
tlement shall be recorded, and be open to the examination of the peo-
ple at such convenient place or places as may be apjiointed by law.
28. Bills and resolutions may originate in either House, but may be
passed, amended or rejected by the other.
29. No bill shall become a law until it has been fully and distinctly
read, on three different days, in each House, unless, in case of urgency,
by a vote of four-fifths of the members present, taken by yeas and
nays on each bill, this rule be dispensed with; Provided, in all cases,
that an engrossed bill shall be fully and distinctly read in each House.
30. No act hereafter passed shall embrace more than one object, and
that shall be expressed in the title. But if any object shall be em-
braced in an act which is not so expressed, the act sliall be void only
as to so much thereof as shall not be expressed, and no law shall be
revived, or amended, by reference t-o its title only ; but the law revived,
or the section amended, shall be inserted at large, in the new act.
And no act of the Legislature, except such as may be passed at the
first session under this Constitution, shall take effect until the expira-
tion of ninety days after its passage, unless the Legislature shall by a
vote of two-thirds of the members elected to each House, taken by
yeas and nays, otherwise direct.
31. Wlien a bill or joint resolution passed by one House, shall be
amended by the other, the question on agreeing to the bill, or joint
resolution, as amended, shall be again voted on, by yeas and nays, in
the House by which it was originally passed, and the result entered
4044 West Virginia— 187^
upon its journals; in all such cases the affirmative vote of a majority
of all the members elected to such House shall be necessary.
32. ^\lienever the words, " a majority of the members elected to
either House of the Legislature," or words of like import, are used in
this Constitution, they shall be construed to mean a majority of the
whole number of members to wdiich each House is, at the time, en-
titled, under the apportionment of representation, established by the
provisions of this Constitution.
33. The members of the Legislature shall each receive for their serv-
ices the sum of four dollars per day and ten cents for each mile trav-
eled in going to and returning from the seat of government by the
most direct route. The Speaker of the House of Delegates and the
President of the Senate, shall each receive an additional compensation
of two dollars per day for each day they shall act as presiding offi-
cers. No other allowance or emolument than that by this section
provided shall directly or indirectly be made or paid to the members
of either House for postage, stationery, newspapers, or any other pur-
pose whatever.
34. The Legislature shall provide by law that the fuel, stationery
and printing i)aper, furnished for the use of the State; the copying,
printing, binding and distributing the laws and journals; and all
other printing ordered by the Legislature, shall be let by contract to
the lowest responsible bidder, bidding under a maximum price to be
fixed hj the Legislature; and no member or officer thereof, or officer
of the State, shall be interested, directly or indirectly, in such con-
tract, but all such contracts shall be subject to the approval of the
Governor, and in case of his disapproval of any such contract, there
shall be a reletting of the same in the manner prescribed by law.
35. The State of AVest Virginia shall never be made defendant in
any court of law or equity.
36. The Legislature shall have no power to authorize lotteries or
gift enterprises for any purpose, and shall pass laws to jDrohibit the
sale of lottery or gift enterprise tickets in this State.
37. Xo law shall be passed after the election of any public officer,
which shall operate to extend the term of his office.
38. No extra compensation shall be granted or allowed to any public
officer, agent, servant or contractor, after the services shall have been
rendered or the contract made; nor shall any Legislature authorize
the payment of any claim or part thereof, hereafter created against
the State, under any agreement or contract made, without express
authority of law ; and all such unauthorized agreements shall be null
and void. Nor shall the salary of any public officer be increased or
diminished during his term of office, nor shall any such officer, or his
or their sureties be released from any debt or liability due the State;
Prorided, The Legislature may make appropriations for expendi-
tures hereafter incurred in suppressing insurrection, or repelling
invasion.
39. The Legislature shall not pass local or special laws in any of
the following enumerated cases ; that is to say for :
Granting divorces ;
Laying out, opening, altering and working roads or highways ;
Vacating roads, town plats, streets, alleys and public grounds;
Locating or changing county seats;
Regulating or changing county or district affairs;
West Virginia— 187^ 4045
Providing for the sale of church property, or property held for
charitable uses ;
Regulating the practice in courts of justice;
Incorporating cities, towns or villages, or amending the charter of
any city, town or village, containing a population of less than two
thousand ;
Summoning or impaneling grand or j^etit juries;
The opening or conducting of any election, or designating the place
of voting ; • ,
The sale and mortgage of real estate belonging to minors, or others
under disability ;
Chartering, licensing, or establishing ferries or toll bridges;
Remitting fines, penalties or forfeitures ;
Changing the laws of descent;
Regulating the rates of interest;
Authorizing deeds to be made for land sold for (axes;
Releasing taxes ;
Releasing title to forfeited lands.
The Legislature shall ])rovide, by general laws, for the foregoing
and all other cases for which provision can be made; and in no case
shall a special act be passed, where a general law would be proper,
and can be made applicable to the case, nor in any other case in which
the courts have jurisdiction, and are competent to give the relief
asked for.
40. The Legislature shall not confer upon any court, or judge, the
power of apiDointment to office, further than the same is herein pro-
vided for,
41. Each House shall keep a journal of its proceedings, and cause
the same to be published from time to time, and all bills and joint
resolutions shall be described therein, as well by their title as their
number, and the ayes and nays on any question, if called for by
one-tenth of those present, shall be entered on the journal.
42. Bills making appropriations for the pay of members and
officers of the Legislature, and for salaries for the officers of the
Government, shall contain no provision on any other subject.
43. The Legislature shall never authorize or establish any board
or court of registration of voters,
44. In all elections to office which may hereafter take place in the
Legislature, or in any county, or municipal body, the vote shall be
vira t'oce, and be entered on its journals.
45. It shall be the duty of the Legislature, at its first session after
the adoption of this Constitution, to provide, by law, for the pun-
ishment by imprisonment in the penitentiary, of any person who
shall bribe, or attempt to bribe, any executive or judicial officer of
this State, or any member of the Legislature in order to influence
him, in the performance of any of his official or public duties; and
also to provide by law for the punishment by imprisonment in the
penitentiary of any of said officers, or any member of the Legislature,
who shall demand, or receive, from any corporation, company or
person, any money, testimonial, or other valuable thing, for the per-
formance of his official or public duties, or for refusing or failing
to perform the same, or for any vote or influence a member of the
Legislature may give or withhold as such member, and also to jjro-
vide by law for compelling any person, so bribing or attempting to
4046 West Virginia— 187^
bribe, or so demanding or receiving a bribe, fee, reward, or testi-
monial, to testify against any person or persons, who may have com-
mitted any of said offences; Provided, That any person so compelled
to testify, shall be exempted from trial and punishment for the offense
of which he may have been guilty, and concerning which he is com-
pelled to testify ; and any person convicted of any of the offences
specified in this section shall, as a part of the punishment thereof, be
forever disqualified from holding any office or position of honor,
trust, or profit in this State.
4G. Laws may be passed regulating or prohibiting the sale of in-
toxicating liquors within the limits of this State.
47. No charter of incorporation shall be granted to any church
or religious denomination. Provision may be made by general laws
for securing the title to church property, and for the sale and transfer
thereof, so that it shall be held, used, or transferred for the purpose
of such church or religious denomination.
48. Any husband or parent, residing in this State, or the infant
children of deceased parents, may hold a homestead of the value of
one thousand dollars and personal property to the value of two hun-
dred dollars, exempt from forced sale subject to such regulations as
shall be prescribed by law. Provided, That such homestead exemp-
tion shall in no wise affect debts or liabilities existing at the time of
the adoption of this Constitution ; and proi'ided further, That no
property shall be exempt from sale for taxes due thereon, or for the
payment of purchase money due upon said ]iroperty, or for debts con-
tracted for the erection of improvements thereon.
40. The Legislature shall pass such laws as may be necessary to
protect the ]3roperty of married women from the debts, liabilities and
control of their husbands.
50. The Legislature may provide for submitting to a vote of the
people at the general election to be held in 1876, or at any general
election thereafter, a ])lan or scheme of proportional representation
in the Senate of this State; and if a majority of the votes cast at
such election be in favor of the plan submitted to them, the Legis-
lature shall, at its session succeeding such election, rearrange the
Senatorial Districts in accordance with the plan so approved by the
people.
Article VII
EXECUTIVE DEPARTMENT
1. The Executive Department shall consist of a Governor, Secre-
tary of State. State Superintendent of Free Schools, Auditor, Treas-
urer and Attorney-General, who shall be ex-o-ffieio, Reiwrter of the
Court of Appeals. Their terms of office, respectively, shall be four
years, and shall commence on the fourth day of March, next after
their election. They shall, except the Attorney-General, reside at the
seat of government during their term of office, and keep there the
pul)lic records, books and papers pertaining to their respective offices
and shall perform such duties as may be prescribed by law.
KLECTION
2. [As amended in 1902, Acts 1001.] An election for governor, sec-
retary of state, state superintendent of free schools, auditor, treasurer
West Virginia— 1872 4047
and attorney general, shall be held at such times and places as may
be prescribed by law.
3. [As amended in 1902, Acts 1901.] The returns of every
election for the above-named officers shall be so sealed up and trans-
mitted by the returning officers to the secretary of state, directed to
the speaker of the house of delegates, who shall immediately after
the organization of the house, and before proceeding to business, open
and publish the same, in the presence of a majority of each house of
the legislature, which shall for that purpose assemble in the hall of
the house of delegates. The person having the highest number of
votes for either of said offices, shall be declared duly elected thereto;
but if two or more have an equal and the highest number of votes for
the same office, the Legislature shall, by joint vote, choose one of such
persons for said office. Contested elections for the office of Governor
shall be determined by both houses of the Legislature by joint vote,
in such manner as may be prescribed by law,
ELIGIBILITY
4. [As amended in 1902, Acts 1901, p. 459.] None of the executive
officers mentioned in this article shall hold any other office during the
term of his service. The Governor shall not be eligible to said office
for the four years next succeeding the term for which he w^as elected.
5. The chief executive power shall be vested in the Governor, who
shall take care that the laws be faithfully executed.
6. The Governor shall at the commencement of each session give to
the Legislature information by message of the condition of the State,
and shall recommend such measures as he shall deem expedient. He
shall accompany his message with a statement of all monev received
and paid out by him, from any funds, subject to his order W'ith vouch-
ers therefor; and at the commencement of each regular session pre-
sent estimates of the amount of money required by taxation for all
purposes.
7. The Governor may, on extraordinary occasions, convene at his
own instance, the Legislature; but when so convened it shall enter
upon no business except that stated in the proclamation by which it
was called together.
8. The Governor shall nominate, and by and with the advice and
consent of the Senate (a majority of all the Senators elected concur-
ring by yeas and nays), appoint all officers whose offices are estab-
lished by this Constitution, or shall be created by law, and whose
appointment or election is not otherwise provided for; and no such
officers shall be appointed or elected by the Legislature.
9. In case of a vacancy, during the recess of the Senate, in any
office which is not elective, the Governor shall, by appointment, fill
such vacancy, until the next meeting of the Senate, when he shall
make a nomination for such office, and the person so nominated, when
confirmed by the Senate (a majority of all the Senators elected con-
curring by yeas and nays) , shall hold his office during the remainder
of the term, and until his successor shall be appointed and qualified.
No person, after being rejected by the Senate, shall be again nomi-
nated for the same office, during the same session, unless at the request
of the Senate: nor shall such person be appointed to the same office
durinff the recess of the Senate.
4048 West Virginia—1872
10. The Governor shall have power to remove any officer whom he
may appoint, in case of incompetency, neglect of duty, gross immoral-
ity, or malfeasance in office ; and he may declare his office vacant and
fill the same as herein provided in other cases of vacancy.
11. The Governor shall have power to remit fines and penalties in
such cases and under such regulations as may be prescribed by law ;
to commute capital punishment and, except where the prosecution
has been carried on by the House of Delegates, to grant reprieves
and pardons after conviction ; but he shall communicate to the Legis-
lature at each session the particulars of every case of fine or penalty
remitted, of punishment commuted and of reprieve or pardon granted,
with his reasons therefor.
12. The Governor shall be commander-in-chief of the military
forces of the State (except when they shall be called into the service
of the United States), and may call out the same to execute the laws,
suppress insurrection and repel invasion.
13. When an}?^ State officer has executed- his official bond, the Gov-
ernor shall, for such causes and in such manner as the Legislature
may direct, require of such officer reasonable additional security;
and if the security is not given as required his office shall be declared
vacant, in such manner as may be provided by law.
14. Every bill passed by the Legislature shall, before it becomes a
law, be presented to the Governor. If he approve he shall sign it, and
thereupon it shall become a law ; but if not, he shall return it, with
his objections, to the House in which it originated, which House
shall enter the objections at large upon its journal, and proceed to
reconsider it. If, after such reconsideration, a majority of the mem-
bers elected to that House, agree to pass the bill, it shall be sent,
together with the object icms, to the other House, by which it shall,
likewise, be reconsidered, and if approved by a majority of the mem-
bers elected to that House it shall become a law, notwithstanding the
objections of the Governor. But in all such cases the vote of each
House shall be determined hy yeas and nays to be entered on the
journal. Any bill which shall not be returned by the Governor
within five days (Sunday excepted), after it shall have been pre-
sented to him, shall be a law. in like manner as if he had signed it,
unless the Legislature shall, by their adjournment prevent its return,
in which case it shall be filed with its objections, in the office of the
Secretary of State, within five days after such adjournment, or be-
come a law.
15. Every bill passed bv the Legislature making appropriations of
money, embracing distinct items, shall before it becomes a law, be
presented to the Governor; if he disapprove the bill, or any item or
appropriation therein contained, he shall communicate such disap-
proval with his reasons therefor to the House in which the bill origi-
nated; but all items not disapproved shall have the force and effect
of law according to the original provisions of the bill. Any item or
items so disapproved shall be void, unless repassed by a majority of
each House according to the rules and limitations prescribed in the
preceding section in reference to other bills.
16. In case of the death, conviction on impeachment, failure to
qualify, resignation, or other disability of the Governor, the President
of the Senate shall act as Governor until the vacancy is filled, or ths
disability removed ; and if the President of the Senate, for any of the
West Virginia— 1872 4049
above nalnecl causes, shall become incapable of performing the duties
of Governor, the same shall devolve upon the Speaker of the House of
Delegates; and in all other cases where there is no one to act as
Governor, one shall be chosen by joint vote of the Legislature. When-
ever a vacancy shall occur in the office of Governor before the first
three years of the term shall have expired, a new election for Gov-
ernor shall take place to fill the vacanc}^
17. [As amended in 1902, Acts 1901.] If the office of secre-
tary of state, auditor, treasurer, state superintendent of free schools,
or attorney general, shall become vacant by death, resignation or
otherwise, it shall be the duty of the governor to fill the same by
appointment, and the appointee shall hold his office until his successor
shall be elected and qualified in such manner as may be prescribed by
law. The subordinate officers of the executive department and the
officers of all public institutions of the State shall keep an account of
all moneys received or disbursed by them, respectively, from all
sources, and for every service performed, and make a semi-annual
report thereof to the Governor under oath or affirmation; and any
officer who shall wilfully make a false report shall be deemed guilty
of perjury.
18. The subordinate officers of the Executive Department and the
officers of all the public institutions of the State, shall, at least ten
days jjreceding each i-egular session of the Legislature, severally
repoi't to the Governor, who shall transmit such report to the Legis-
lature; and the Governor may at any time require information in
Avriting, under oath, from the officers of his department, and all
officers and managers of State institutions, upon any subject relating
to the condition, management and expenses of the respective offices.
Sec. 19. [As amended in 1902, Acts 1901, p. 459.] The officers
named in this article shall i-eceive for their services a salary to be
established by law," which shall not be increased or diminished dur-
ing their official terms, and they shall not, after the expiration of the
terms of those in office at the adoption of this amendment, receive
to their own use any fees, costs, perquisites of office or other compen-
sation, and all fees that may hereafter be payable by law, for any
service performed by any officer provided for in this article of the
constitution, shall be paid in advance into the State treasury.
Article VIII ^
JUDICIAL DEPARTMENT
1. The judicial power of the State shall be vested in a supreme
court of appeals, in circuit courts and the judges thereof, in such
inferior tribunals as are herein authorized and in justices of the
peace.
SUPREME COURT OF APPEALS
2. The supreme court of appeals shall consist of four judges,^ any
three of wdiom shall be a quorum for the transaction of business.
a Salaries fixed by chap. 23 of Acts 1903 as follows : Governor $5,000, Secre-
tary of State .$4,000, State Superintendent of Free Schools $3,000, Treasurer
$2,500, Auditor $4,500, Attorney General $2,500.
b As amended — see Acts 1879, p. 176.
^ Now five judges — see The Judicial Amendment, and Acts 1903, chap. 19.
4050 West Virginia— 1872
They shall be elected by the voters of the State and hold their office
for the term of twelve years, unless sooner removed in the manner
prescribed by this constitution, except that the judges in office when
this article takes effect shall remain therein until the expiration of
their present term of office.
3. It shall have original jurisdiction in cases of habeas corpus,
mandamus, and prohibition. It shall have appellate jurisdiction in
civil cases where the matter in controversy, exclusive of costs, is of
greater value or amount than one hundred dollars; in controversies
concerning the title of boundaries of land, the probate of wills, the
appointment or qualification of a personal representative, guardian,
connnittee or curator, or concerning a mill, roadway, iovry or land-
ing: or the right of a corjioration or county to levy tolls or taxes;
and also, in cases of quo warranto, habeas corpus, mandamus, certio-
rari and iDrohil)ition, and in cases involving freedom or the constitu-
tionality of a law. It shall have appellate jurisdiction in criminal
cases where there has been a conviction for felony or misdemeanor in
a Circuit court, and Avhere a conviction has been had in any inferior
court, and been affirmed in a circuit court, and in cases relating to the
public revenue, the right of appeal shall belong to the State as well
as the defendant, and such other appellate jurisdiction, in both civil
and criminal cases, as may be prescribed by law.
4. Xo decision rendered by the supreme court of appeals shall be
considered as binding authority upon any of the inferior courts of
this State, except in the particular case decided, unless such decision
is concurred in by at least three judges of said court.
5. When a judgment or decree is reversed or affirmed by the
supreme court of appeals, every point fairly arising upon the record
of the case shall be considered and decided ; and the reasons therefor
shall be concisely stated in writing and preserved with the record of
the case, and it shall be the duty of the court to prepare a syllabus of
the points adjudicated in such case concurred in by three of the judges
thereof, Avhich shall be prefixed to the published report of the case.
6. A writ of error, supersedeas, or appeal shall be allowed only by
the supreme court of appeals, or a judge thereof, upon a petition
assigning error in the judgment or iDroceedings in the inferior court
and then only after said court or judge shall have examined or con-
sidered the record and assignment of errors, and is satisfied that there
is error in the same, or that it presents a point proper for the consider-
ation of the supreme court of appeals.
7. If from any cause a A'acancy shall occur in the supreme court of
appeals the Governor shall issue a Avrit of election to fill such vacancy
at the next general election for the residue of the term, and in the
meantime he shall fill such vacancy by appointment until a judge is
elected and qualified. But if the unexpired term be less than two
years the Governor shall fill such vacancy by appointment for the
unexpired term.
• 8. The officers of the supreme court of appeals, except the reporter,
shall be appointed by the court, or in vacation by the judges thereof,
with the power of removal ; their duties and compensation shall be
prescribed by law.
0. There shall be at least two terms of the supreme court of appeals
held annually at such times and places as may be prescribed by law.
West Virginia— 1872 4051
CIRCUIT COURTS
10. The State shall be divided into thirteen circuits." For the cir-
cuit hereinafter called the first, two judges shall be elected, and for
each of the other circuits one judge shall be elected by the voters
thereof. Each of the judges so elected shall hold his office for the
term of eight years unless sooner removed in the manner prescril)ed
in this Constitution. The judges of the circuit courts in office when
this article takes effect shall remain therein until the expiration of
the term for which they have been elected in the circuits in which
they may respectively reside, unless sooner removed as aforesaid. A
vacancy in the office of a judge of the circuit court shall be filled in
the same manner as is provided for in the case of a vacancy in the
office of a judge of the supreme court of appeals. During his con-
tinuance in office the judge of a circuit court shall reside in the circuit
of which he is judge. The business of the first circuit may be appor-
tioned betAveen the judges thereof, and such judges may hold courts in
the same county or in different counties within the circuit at the same
time or at different times as may be prescribed by law.
11. A circuit court shall be held in every county in the State at
least three times in each year, and provisions may be made by law
for holding special terms of said court. A judge of any circuit may
hold the courts in another circuit.
12. The circuit court shall have the supervision and control of all
proceedings before justices and other inferior tribunals, by man-
dami/s, prohibition and certiorari. They shall, except in cases con-
fined exclusively by this constitution to some other tribunal, have
original and general jurisdiction of all matters at law wdiere the
amount in controversy, exclusive of interest, exceeds fifty dollars; of
all cases of habeas corpus^ mandamus^ quo warranto and prohibition ;
and of all cases in equity, and of all crimes and misdemeanors. They
shall have appellate jurisdiction in all cases, civil and criminal, wdiere
an appeal, writ of error or supersedeas may be allowed to the judg-
ment or proceedings of any inferior tribunal. They shall also have
such other jurisdiction, whether supervisory, original, appellate or
concurrent, as is or may be prescribed by law.
13. Until otherwise provided by law^, the State shall be divided into
the following circuits:^ The counties of Brooke, Hancock, Ohio, and
Marshall shall constitute the first circuit ; the counties of Monongalia,
Marion and Harrison, the second; the counties of Preston, Taylor,
Barbour, Tucker and Randolph, the third ; the counties of Wetzel,
Tyler, Ritchie and Doddridge, the fourth; the counties of Wood,
Wirt and Pleasants, the fifth ; the counties of Clay, Gilmer, Jackson,
Roane and Calhoun, the sixth ; the counties of Putnam, Kanawha and
Mason, the seventh; the counties of Cabell, Wayne, Lincoln and
Logan, the eighth; i\\^ counties of McDowell, Mercer, Raleigh, Wyo-
ming and Boone, the ninth ; the comities of Greenbrier, Monroe, Sum-
mers, Fayette and Pocahontas, the tenth; the counties of Upshur,
Lewis, Braxton, .Nicholas and Webster, the eleventh ; the counties of
Grant, Hardy, Hampshire, Mineral and Pendleton, the twelfth; the
counties of Jefferson, Berkeley and Morgan, the thirteenth.
^ Now eighteen — see Acts 1903, chap 20.
* Circuits changed and increased to eighteen. — Acts 1903, chap, 20.
4052 West Virginia— 1872
14. The Legislature may re-arrange the circuits herein provided for
at any session thereof, next preceding any general election of the
judges of said circuits, and after the year one thousand eight hundred
and eighty-eight, may, at any such session, increase or diminish the
number thereof.
15. The Legislature shall provide by law for holding regular and
special terms of the circuit courts, where from any cause the judge
shall fail to attend, or, if in attendance, cannot properly preside.
GENERAL PROVISIONS
IG. All judges shall be commissioned by the Governor. The sal-
ary " of a judge of the supreme court of appeals shall be tAvo thousand
two hundred dollars per annum, and that of a judge of the circuit
court shall be one thousand eight hundred dollars per annum; and
each shall receive the same mileage as members of the Legislature;
Provided, that Ohio county may pay an additional sum per annum
to the judges of the circuit court thereof; but such allowance shall
not be increased or diminished during the term of office of the judges
to Avhom it may have been made. No judge, during his term of office,
shall practice the profession of law or hold any other office, appoint-
ment or public trust, under this or any other government, and the
acceptance thereof shall vacate his judicial office. Nor shall he during
his continuance therein, be eligible to any political office.
17. Judges may be removed from office by a concui-rent vote of both
houses of the Legislature, Avhen from age, disease, mental or bodily
infirmity or intemi)erance, they are incapable of discharging the
duties of their office. But two-thirds of all the members elected to
each House must concur in such vote, and the cause of removal shall
be entered ui)on the journal of each house. The judge against whom
the Legislature may be about to proceed shall receive notice thereof,
accompanied Avith the cause alleged for his removal, at least tAventy
days before the day on AA-hich action is proposed to be taken therein.
18. The voters of each county shall elect a clerk of the circuit court,
whose term of office shall be six j^ears; his duties and compensation
and the nuinner of removing him from office shall be prescribed by
law, and Avhen a A^acancy shall occur in the office, the circuit court or
judge thereof, in A^acation shall fill the same by appointment until
the next general election. In any case in respect to Avhich the clerk
shall be so situated as to make it improper for him to act, the said
court shall appoint a clerk to act therein. The clerks of said courts
in office Avhen this article takes eflfect, shall remain therein for the
term for Avhich they Avere elected, unless sooner remoA^ed in the
manner prescribed by law.
10. The legislature may establish courts of limited jurisdiction
Avithin any county, incorporated city, town or village, with the right
of appeal to the circuit court, subject to such limitations as may be
prescribed by hiAv; and all courts of limited jurisdiction heretofore
established in any county, incorporated city, town pr village, shall
remain as at present constituted until otherAvise proAdded by law.
The municipal court of Wheeling shall continue in existence until
" Salaries increased — see The Judicial Ameiiduieut, and chap. 23 of Acts 1903.
Salary Supreme Judge $4,500, and of Circuit Judge .$3,300.
West Virginia— 1872 4053
otherwise provided by law, and said court and the judge thereof, shall
exercise the jjowers and jurisdiction heretofore conferred upon them;
and appeals in civil cases from said court shall lie directly to the
supreme court of appeals.
20. No citizen of this State who aided or participated in the late
war between the government of the United States and a part of the
people thereof, on either side, shall be liable in any proceeding, civil
or criminal ; nor shall his property be seized or sold under final pro-
cess issued upon judgments or decrees heretofore rendered, or other-
wise, because of any act done in accordance with the usages of
civilized warfare in the prosecution of said war. The Legislature
shall provide, by general laws, for giving full force and effect to this
section.
21. Such j)arts of the common law, and of the laws of this State as
are in force when this article goes into operation, and are not repug-
nant thereto, shall be and continue the law of the State until altered
or repealed by the Legislature. All civil and criminal suits and pro-
ceedings pending in the former circuit courts of the State, shall
remain and be proceeded in before the circuit courts of the counties
in which they were pending.
COUNTY COURTS
22. There shall be in each county of the State a county court, com-
posed of three commissioners, and two of said commissioners shall be
a quorum for the transaction of business. It shall hold four regular
sessions in each year, at such times as may be fixed upon and entered
of record by the said court. Provision may be made by law for hold-
ing special sessions of said court..
23. The commissioners shall be elected by the voters of the county,
and hold their office for the term of six years, except at the first meet-
ing of said commissioners they shall designate by lot, or otherwise, in
such manner as they may determine, one of their number, who shall
hold his office for the term of two years, one for four years and one
for six years, so that one shall be elected every two years. But no
two of said commissioners shall be elected from the same magisterial
district. And if two or more persons residing in the same district
shall receive the greater number of votes cast at any election, then
only the one of such persons receiving the highest number shall be
decla-red elected, and the person living in another district who shall
receive the next highest number of votes shall be declared elected.
Said commissioners shall annually elect one of their number as presi-
dent, and each shall receive two dollars per day for his services in
court, to be paid out of the county treasury.
24. The county courts, through their clerks, shall have the custody
of all deeds and other papers presented for record in their counties,
and the same shall be preserved therein, or otherwise disposed of, as
now is or may be prescribed by law. They shall have jurisdiction in
all matters of probate, the appointment and qualification of personal
representatives, guardians, committees, curators, and the settlement
of their accounts, and in all matters relating to apprentices. They
shall also, under such regulations as may be prescribed by law, have
the superintendence and administration of the internal and police
and fiscal affairs of their counties, including the establishment and
7535— VOL 7—09 18
4054 West Virginia— 1872
regulation of roads, ways, bridges, public landings, ferries and mills,
with authority to lay and disburse the county levies; Provided, That
no license for the sale of intoxicating liquors in any incorporated city,
town or village, shall be granted without the consent of the municipal
authorities thereof, first had and obtained. They shall, in all cases
of contest, judge of the election, qualification and returns of their
OAvn members, and of all county and district officers, subject to such
regulations, by appeal or otherwise, as may be prescribed by law.
Such courts may exercise such other powers, and perform such other
duties, not of a judicial nature, as may be prescribed by law. And
provision may be made, under such regulations as may be prescribed
by law, for the probate of wills and for the appointment and qualifi-
cation of personal representatives, guardians, committees and cura-
tors during the recesses of the regular sessions of the county court.
Such tribunals as have been heretofore established by the Legislature
under and by virtue of the thirty-fourth section of the eighth article
of the Constitution of one thousand eight hundred and seventy-two
for police and fiscal purposes, shall, until otherwise j^rovided by law,
remain and continue as at present constituted in the counties in which
ihey have been respectively established, and shall be and act as to
police and fiscal matters in lieu of the county court created by this
article until otherwise provided by law. And, until otherwise pro-
vided by law, such clerk as is mentioned in the twenty-sixth section of
this article, shall exercise any powers and discharge any duties here-
tofore conferred on, or required of, any court or tribunal established
for judicial purposes under the said article and section of the consti-
tution of one thousand eight hundred and seventy-two, or the clerk
of such court or tribunal respectively, respecting the recording and
preservation of deeds and other papers presented for record, matters
of probate, the appaintment and qualification of personal represent-
atives, guardians, committees, curators and the settlement of their
accounts, and in all matters relating to apprentices.
25. All actions, suits and proceedings not embraced in the next
preceding section, pending in a county court when this article takes
effect, together with the records and papers pertaining thereto, as
well as all records and papers pertaining to such actions, suits and
proceedings, as have already been disposed of by said courts, shall be
transmitted to and filed with the clerk of the circuit court of the
county, to which office all process outstanding at the time this^irticle
goes into operation shall be returned ; and said clerk shall have the
same power and shall perform the same duties in relation to such
records, papers and proceedings as were vested in and required of
the county court on the day before this article shall take effect. All
such actions, suits and proceedings so pending as aforesaid, shall be
docketed, proceeded in, tried, heard and determined in all respects
by the circuit court, as if such suits and proceedings had originated
in said court.
26. The voters of each county shall elect a clerk of the county court,
wdiose term of office shall be six years. His duties and compensations
and the manner of his removal shall be prescribed by law. But the
clerks of said courts, now in office, shall remain therein for tlie term
for which they have been elected, unless sooner removed therefrom,
in the manner prescribed by law.
West Virginia— 1872 4055
27. Each county shall be laid off into districts, not less than three
or more than ten in number, and as nearly equal as may be in terri-
tory and population. There shall be elected in each district contain-
ing a population not exceeding twelve hundred, one justice of the
peace, and if the population exceeds that number, two justices shall
be elected therein. Every justice shall reside in the district for which
he was elected and hold his office for the term of four years, unless
sooner removed in the manner prescribed by law. The districts as
they now exist shall remain till changed by the county court.
28. The civil jurisdiction of a justice of the peace shall extend to
the actions of assumpsit, debt, detinue and trover, 'if the amount
claimed, exclusive of interest, does not exceed three hundred dollars.
The jurisdiction of justices of the peace shall extend throughout their
county; they shall be conservators of the peace and have such juris-
diction and powers in criminal cases as may be prescribed by law.
And justices of the peace shall have authority to take the acknowl-
edgment of deeds and other writings; administer oaths; and take
and certify depositions. And the Legislature may give to justices
such additional civil jurisdiction and powders within their respective
counties as ma}^ be deemed expedient, under such regulations and re-
strictions as may be prescribed by general laAv, except that in suits to
recover money or damages their jurisdiction and powers shall in no
case exceed three hundred dollars. Appeals shall be allowed from
judgments of justices of the peace in such manner as may be pre-
scribed by law.
29. The Legislature shah, upon the application of any county, re-
form, alter or modify the county court established by this article in
such county, and in lieu thereof, with the assent of a majority of the
voters of such county voting at an election create another tribunal
for the transaction of the business required to be performed by the
county court created by this article; and in such case all the provi-
sions of this article in relation to the county court shall be applicable
to the tribunal established in lieu of said court. And when such tri-
bunal has been established it shall continue to act in lieu of the county
court until otherwise provided by law.
30. The office of commissioner and justice of the peace shall be
deemed incompatible. Vacancies in the office of commissioner, clerk
of the county court and justices of the peace shall be filled by the
county court of the county until the next general election.
Article IX
COUNTY ORGANIZATION
1. The voters of each county shall elect a Surveyor of Lands, a
Prosecuting Attorney, a Sheriff, and one and not more than two
Assessors, who shall hold their respective offices for the term of four
years.
2. There shall also be elected in each district of the county, by the
voters thereof, one constable, and if the population of any district
shall exceed twelve hundred, an additional constable, Avhose term of
office shall be four years, and whose powers as such shall extend
throughout their county. The assessor shall, with the advice and
4056 West Virginia— 1872
consent of the county court have the i^ower to appoint one or more
assistants. Coroners, overseers of the poor and surveyors of roads
shall be appointed by the county court. The foregoing officers, ex-
cept the prosecuting attorneys, shall reside in the county, and district
for which the}^ shall be respectively elected.
3. The same person shall not be elected sheriff for two consecutive
full terms; nor shall any person avIio acted as his deputy be elected
successor to such sheriff, nor shall any sheriff act as deputy of his
successor ; nor shall he during his term of service, or within one year
thereafter, be eligible to any other oifice. The retiring sheriff shall
finish all business remaining in his hands, at the expiration of his
term ; for which purpose his commission and official bond shall re-
main in force. The duties of the office of sheriff shall be performed
by him in person, or under his superintendence.
4. The i^residents of the county courts, the justices of the peace,
sheriffs, prosecuting attorneys, clerks of the circuit and of the county
courts, and all other county officers, shall be subject to indictment for
malfeasance, misfeasance, or neglect of official duty, and upon convic-
tion thereof their offices shall become vacant.
5. The Legislature shall provide for commissioning such of the
officers herein mentioned, as it may deem proper, not provided for in
this Constitution, and may require any class of them to give bond
with security for the faithful discharge of the duties of their respec-
tive offices.
6. It shall further provide for the compensation, the duties and
responsibilities of such officers, and may jDrovide for the appointment
of their deputies and assistants by general law.
7. The i)resident of the county court and every justice and constable
shall be a conservator of the peace throughout his county.
8. No new county shall hereafter be formed in this State with an
area of less than four hundred square miles; nor with a population
of less than six thousand : nor shall any county, from which a new
county, or part thereof, shall be taken, be reduced in area below four
hundred square miles, nor in population below six thousand. Nor
shall a new county be formed without the consent of a majority of
the voters residing within the boundaries of the proposed new county,
and voting on the question.
.Vkticle X
TAXATION AND FINANCE
1. Taxation shall be equal and uniform throughout the State, and
all property, both real and personal, shall be taxed in proportion to
its value, to be ascertained as directed by hiAv. No one species of
property, from which a tax may be collected, shall be taxed higher
than any other species of property of equal value ; but property used
for educational, literary, scientific, religious or charitable purposes;
all cemeteries and public property may, by law, be exempted from
taxation. The Legislature shall have power to tax, by uniform and
equal laws, all privileges and franchises of persons and corporations.
2. The Legislature shall levy an annual capitation tax of one dol-
lar upon each male inhabitant of the State who has attained the age
West Virginia— 187^ 4057
of twenty^one j^ears, which shall be annually appropriated to the
support of free schools. Persons afflicted with bodily infirmity may
be exempted from this tax.
3. No money shall be drawn from the treasur}^ but in pursuance of
an appropriation made by law, and on a warrant issued thereon by
the Auditor; nor shall any mone}' or fund be taken for any other
purpose than that for which it has been or may be appropriated, or
provided. A complete and detailed statement of the receipts and
expenditures of the public moneys, shall be published annually.
4. No debt shall be contracted by this State, except to meet casual
deficits in the revenue, to redeem a previous liability of the State, to
suppress insurrection, repel invasion or defend the State in time of
war; but the payment of any liabilt}'^ other than that for the ordi-
nary expenses of the State, shall be equally distributed over a period
of at least twenty years.
5. The power of taxation of the Legislature shall extend to provi-
sions for the payment of the State debt, and interest thereon, the
support of free schools, and the payment of the annual estimated
expenses of the State ; but whenever any deficiency in the revenue
shall exist in any year, it shall, at the regular session thereof held
next after the deficienc}" occurs levy a tax for the ensuing year, suffi-
cient with other sources of income, to meet such deficiency, as well
as the estimated expenses of such year.
6. The credit of the State shall not be granted to, or in aid of any
county, city, township, corporation or person ; nor shall the State ever
assume, or become responsible for the debts or liabilities of any
county, city, township, corporation or person ; nor shall the State
ever hereafter become the joint owner, or stockholder in am^ company
or association in this State or elsewhere, formed for any purpose
whatever.
7. County authorities shall never assess taxes, in any one year, the
aggregate of which shall exceed ninety-five cents per one hundred
dollars valuation; except for the support of free schools; payment of
indebtedness existing at the time of the adoption of this Constitution,
and for the payment of any indebtedness with the interest thereon,
created under the succeeding section, unless such assessment, with all
questions involving the increase of such aggregate shall have been
submitted to the vote of the people of the county, and have received
three-fifths of all the votes cast for and against it.
8. No county, cHy, school district, or municipal corporation, except
in cases where such corporations ha^ne already authorized their bonds
to be issued, shall hereafter be allowed to become indebted, in any
manner, or for au}^ purpose, to an amount, including existing indebt-
edness, in the aggregate, exceeding five per centum on the value of the
taxable property therein to be ascertained by the last assessment for
State and county taxes, previous to the incurring of such indebted-
ness ; nor without, at the same time, providing for the collection of a
direct annual tax, sufficient to pay, annually, the interest on such debt,
and the principal thereof, within, and not exceeding thirty- four
years ; Provided., That no debt shall be contracted under this section,
unless all questions connected with the same shall have been first sub-
mitted to a vote of the people, and have received three-fifths of all the
votes cast for and asrainst the same.
4058 West Virginia— 187^
9. The Legislature may, b}" law, authorize the corporate authori-
ties of cities, towns and villages, for corporate purposes, to assess and
collect taxes ; but such taxes shall be uniform, with respect to persons
and property within the jurisdiction of the authority imposing the
same.
Article XI
CORPORATIONS
1. The Legislature shall provide for the organization of all corpo-
rations hereafter to be created, by general laws, uniform as to the
class to Avhich they relate, but no corporation shall be created bj^
special law; Provided. That nothing in this section contained, shall
prevent the Legislature from providing by special laws for the con-
nection, by canal, of the waters of the Chesapeake Avith the Ohio river
by line of the James river, Greenbrier, New river and Great Ka-
nawha.
2. The stockholders of all corporations and joint stock companies,
except banks and banking institutions, created by laws of this State,
shall be liable for the indebtedness of such corporations to the amount
of their stock subscribed and unpaid, and no more.
3. All existing charters or grants of special or exclusive privileges
under which organization shall not have taken place, or which shall
not have been in operation within two years from the time this Con-
stitution takes effect, shall thereafter have no validity or effect what-
ever; Provided, That nothing herein shall prevent the execution of
anv hona fde contract heretofore lawfully made in relation to any
existing charter or grant in this State.
4. The Legislature shall provide by law that in all elections for
directors or managers of incorporated companies, every stockholder
shall have the right to vote, in person or by proxy, for the number of
shares of stock owned by him, for as many persons as there are
directors or managers to be elected, or to cumulate said shares, and
give one candidate as many votes as the number of directors multi-
plied by the number of his shares of stock, shall equal, or to distribute
them on the same principle among as many candidates as he shall
think fit, and such directors or managers shall not l:»e elected in any
other manner.
5. No law shall be passed by the Legislature, granting the right to
construct and operate a street railroad within any city, town or incor-
porated village, without requiring the consent of the local authorities
having the control of the street or highway, proposed to be occupied
bv such street railroad.
6. The Legislature may provide, by a general banking law, for the
creation and organization of banks of issue or circulation, but the
stockholders of any bank hereafter authorized by the laws of this
State, whether of issue, deposit or discount, shall be personally liable
to the creditors thereof, over and above the amount of stock held by
them respectively to an amount equal to their respective shares so
held, for all its liabilities accruing while they are such stockholders.
West Virginia— 1872 4059
BAIIJtOADS
7. Every railroad corporation organized or doing business in this
State shall annually by their proper officers, make a report under
oath, to the auditor of public accounts of this State, or some officer
to be designated by law, setting forth the condition of their atfairs,
the operations of the year, and such other matters relating to their
respective railroads as may be prescribed by law. The Legislature
shall pass laAvs enforcing by suitable penalties the j^rovisions of this
section.
8. The rolling stock and all other movable property belonging to
any railroad company or corporation in this State shall be considered
personal property and shall be liable to execution and sale in the same
manner as the personal proi^erty of individuals; and the Legislature
shall pass no law exempting any such property from execution and
sale.
9. Eailroads heretofore constructed, or that may hereafter be con-
structed in this State, are hereby declared public highways and shall
be free to all persons for the transportation of their persons and prop-
erty thereon, under such regulations as shall be prescribed by laAv ;
and the Legislature shall, from time to time, pass laws, applicable to
all railroad corporations in the State, establishing reasonable maxi-
mum rates of charges for the transportation of passengers and
freight, and providing for the correction of abuses, the prevention of
unjust discriminations between through and local or way freight
and passenger tariffs, and for the protection of the just rights of the
public, and shall enforce such laws by adequate penalties.
10. The Legislature shall, in the law regulating railway companies,
require railroads running through, or within half a mile of a town
or village, containing three hundred or more inhabitants, to establish
stations for the accommodation of trade and travel of said town or
village.
11. No railroad corporation shall consolidate its stock, property or
franchise with any other railroad owning a parallel or competing
line, or obtain the possession or control of such parallel or competing
line by lease or other contract, without the permission of the
Legislature.
12. The exercise of the power and the right of eminent domain
shall never be so construed or abridged as to prevent the taking, b}''
the Legislature of the property and franchises of incorporated com-
panies already organized, and subjecting them to the public use,
the same as of individuals.
Article XII
EDUCATION
1. The Legislature shall provide, by general law, for a thorough
and efficient system of free schools.
2. The State Superintendent of Free Schools shall have a general
supervision of free schools, and perform such other duties in rela-
tion thereto as may be prescribed by law. If in the performance of
any such duty imposed upon him by the Legislature he shall incur
4060 West Virginia— 1872
any exj^enses, he shall be reimbursed therefor; Provided, the amount
does not exceed five hundred dollars in any one year.
3. The Legislature may provide for county superintendents and
such other officers as may be necessary to carry out the objects of this
article and define their duties, powers and compensation.
4. [This section is modified by the Irreducible School Fund Amend-
ment.] The existing permanent and invested school fund, and all
money accruing to this State from forfeited, delinquent, waste and
unappropriated lands; and from lands heretofore sold for taxes and
purchased by the State of Virginia, if hereafter redeemed or sold to
others than this State; all grants, devises or bequests that may be
made to this State, for the purposes of education or where the pur-
poses of such grants, devises or bequests are not specified ; this State's
just share of the literary fund of Virginia, whether paid over or
otherAvise liquidated ; and any sums of money, stocks or property
which this State shall have the right to claim from the State of Vir-
ginia for educational purposes; the proceeds of the estates of persons
who may die without leaving a will or heir, and of all escheated
lands; the proceeds of any taxes that may be levied on the revenues
of any corporation ; all moneys that may be paid as an equivalent for
(exemption from military duty; and such sums as may from time to
time be appropriated by the Legislature for the purpose, shall be set
apart as a separate fund to be called the " School Fund," and invested
under such regulations as may be prescribed by law, in the interest
bearing securities of the United States, or of this State, or if such
interest bearing securities cannot be obtained, then said " School
Fund " shall be invested in such other solvent, interest bearing secu-
rities as shall be approved by the Governor, Superintendent of Free
Schools, Auditor and Treasurer, who are hereby constituted the
" Board of the School Fund," to manage the same under such regu-
lations as may be prescribed by law ; and the interest thereof shall be
annually applied to the support of free schools throughout the State,
and to no other purpose whatever. But any portion of said interest
remaining unexpended at the close of a fiscal year shall be added to
and remain a part of the capital of the " School Fund." Provided,
That all taxes which shall be received by the State upon delinquent
lands, except the taxes due to the State thereon, shall be refunded
to the county or district by or for which the same were levied.
5. The Legislature shall provide for the support of free schools
by appropriating thereto the interest of the invested " School Fund,"
the net proceeds of all forfeitures and fines accruing to this State
under the laws thereof; the State capitation tax, and by general tax-
ation of persons and property or otherwise. It shall also provide for
raising in each county or district, by the authority of the people
thereof, such a proportion of the amount required for the suj^port of
free schools therein as shall be jDrescribed by general laws.
6. The school districts into which any county is now divided shall
continue until changed in pursuance of law.
7. All levies that maj^ be laid by any county or district for the
purpose of free schools shall be reported to the clerk of the county
court ; and shall, under such regulations as may be prescribed by law,
be collected by the sheriff or other collector, who shall make annual
settlement with the county court; which settlement shall be made a
West V,irginia—1872 4061
matter of record by the clerk thereof, in a book to be kept for that
purpose.
8. White and colored persons shall not be taught in the same school.
9. No person connected with the free school system of the State, or
with any educational institution of any name or grade under State
control, shall be interested in the sale, proceeds or profits of any book
or other thing used, or to be used therein, under such penalties as may
be prescribed by law: Proinded, That nothing herein shall be con-
strued to apply to any work written, or thing invented, by such
person.
10. No independent free school district, or organization shall
hereafter be created, except with the consent of the school district or
districts out of which the same is to be created, expressed by a ma-
jority of the voters voting on the question.
11. No appropriation shall hereafter be made to any State normal
school, or branch thereof, except to those already established and in
operation, or now chartered.
12. The Legislature shall foster and encourage moral, intellectual,
scientific and agricultural improvement ; it shall, whenever it may be
practicable, make suitable provision for the blind, mute and insane,
and for the organization of such institutions of learning as the best
interests of general education in the State may demand.
Article XIII
LAND TITLES
1. All private rights and interests in lands in this State derived
from or under the laws of the State of Virginia, and from or under
the constitution and laws of this State prior to the time this consti-
tution goes into operation, shall remain valid and secure and shall be
determined by the laws in force in Virginia, prior to the formation of
this State, and by the constitution and laws in force in this State
prior to the time this constitution goes into effect.
2. No entry by warrant on land in this State shall hereafter be
made.
3. All title to lands in this State heretofore forfeited, or treated as
forfeited, waste and unappropriated, or escheated to the State of Vir-
ginia or this State, or purchased by either of said States at sales
made for the non-payment of taxes and becomes irredeemable, or
hereafter forfeited, or treated as forfeited, or escheated to this State,
or purchased by it and become irredeemable, not redeemed, released
or otherwise disposed of, vested and remaining in this State, shall be,
and is hereby transferred to, and vested in any person (other than
those for whose default the same may have been forfeited or returned
delinquent, their heirs or devisees), for so much thereof as such per-
son has, or shall have had actual continuous possession of, luider color
or claim of title for ten years, and who, or those under whom he
claims, shall have paid the State taxes thereon for any five years
during such possession ; or if there be no such person, then to any per-
son (other than those for whose default the same may have been
forfeited, or returned delinquent, their heirs or devisees), for so much
of said land as such person shall have title or claim to, regularly
4062 West Virginm—1872
derived, mediately or immediatelj^ from, or under a grant from the
Commonwealth of Virginia or this State, not forfeited, which but for
the title forfeited would be valid, and who, or those under whom he
claims has, or shall have paid all State taxes charged or chargeable
thereon for five successive years, after the year 1865, or from the date
of the grant, if it shall have issued since that year; or if there be no
such person, as aforesaid, then to any person (other than those for
whose default the same may have been forfeited, or retui-ned delin-
quent, their heirs and devisees,) for so much of said land as such
person shall have had claim to and actual continuous possession of,
under color of title for any five successive years after the year 1865,
and have paid all State taxes charged or chargeable thereon for said
period,
4. All lands in this State, waste and unappropriated, or heretofore
or hereafter for any cause forfeited, or treated as forfeited, or es-
cheated to the State of Virginia, or this State, or purchased by either
and become irredeemable, not redeemed, released, transferred or other-
wise disposed of, the title whereto shall remain in this State till such
sale as is hereinafter mentioned be made, shall by proceedings in the
circuit court of the county in which the lands, or a part thereof, are
situated, be sold to the highest bidder.
5. The former owner of any such land shall be entitled to receive
the excess of the sum for which the land may be sold over the taxes
charged and chargeable thereon, or which, if the land has not been
forfeited, would have been charged or chargeable thereon, since the
formation of this State, with interest at the rate of tw^elve per centum
per annum, and the costs of the proceedings, if his claim be filed in
the circuit court that decrees the sale, within two years thereafter.
6. It shall be the duty of ever}^ owner of land to have it entered on
the land books of the county in which it, or part of it, is situated, and
to cause himself to be charged with the taxes thereon, and pay the
same. When for any five successive 3'ears after the year 1869, the
owner of au}^ tract of land containing one thousand acres or more,
shall not have been charged on such books with State tax on said
land, then by operation hereof, the land shall be forfeited and the
title thereto vest in the State. But if, for any one or more of such
five years, the OAvner shall have been charged with State tax on any
part of the land, such part thereof shall not be forfeited for such
cause. And any owner of land so forfeited, or of any interest therein
at the time of the forfeiture thereof, who shall then be an infant,
married woman, or insane person, may, until the expiration of three
years after the removal of such disability, have the land, or such
interest charged on such books, with all State and other taxes that
shall be, and but for the forfeiture would be, chargeable on the land,
or interest therein for the year 1863, and every year thereafter with
interest at the rate of ten per centum per annum ; and pay all taxes
and interest thereon for all such years and thereby redeem the land or
interest therein. Provided., Such right to redeem shall in no case
extend beyond twenty years from the time such land was forfeited.
West Virginia-— 1872 4063
Article XIV
AMENDMENTS
No. 1. No convention shall be called, having the authority to alter
the Constitution of the State, unless it be in pursuance of a law,
passed by the affirmative vote of a majority of the members elected
to each House of the Legislature and providing that polls shall be
opened throughout the State, on the same day therein specified, which
shall not be less than three months after the passage of such law, for
the purpose of taking the sense of the voters on the question of calling
a convention. And such convention shall not be held unless a major-
ity of the votes cast at such polls be in favor of calling the same ; nor
shall the members be elected to such convention until, at least, one
month after the result of the vote shall be duly ascertained, declared
and i^ublished. And all acts and ordinances of the said convention
shall be submitted to the voters of the State for ratification or rejec-
tion, and shall have no validity whatever until they are ratified.
2. Any amendment to the Constitution of the State may be pro-
posed in either House of the Legislature; and if the same, being read
on three several days in each House, be agreed to on its third reading,
by two-thirds of the members elected thereto, the proposed ameud-
ment, with the yeas and nays thereon, shall be entered on the journals,
and it shall be the duty of the Legislature to provide by law, for sub-
mitting the same to the voters of the State for ratification or rejection
at the next general election thereafter, and cause the same to be pub-
lished at least three months before such election in some newspaper in
every county in which a newspaper is printed. And if a majority of
the qualified voters, voting on the question at the polls held pursuant
to such law, ratify the proposed amendment, it shall be in force from
the time of such ratification, as joart of the Constitution of the State.
If two or more amendments be submitted at the same time, the vote
on the ratification or rejection shall be taken on each separately.
AMENDMENTS
THE JUDICIAL AMENDMENT
(Joint Resolution No. G (H. J. R. No. 15), Acts 1901, p. 462. Ratified in
November, 1902)
That the following be proposed as an amendment to the Constitu-
tion of this State :
The Supreme Court of Appeals shall consist of five judges. Those
judges in office when this amendment takes effect shall continue in
office until their terms shall expire, and the Legislature shall provide
for the election of an additional judge of said court at the next gen-
eral election, whose term shall begin on the first day of January, one
thousand nine hundred and five, and the Governor shall, as for a
vacancy, appoint a judge of said court to hold office until the first
day of January, one thousand nine hundred and five. The judges of
the supreme court of appeals and of the circuit courts shall receive
such salaries as shall be fixed by law, for those now in or those here-
after to come into office.
4064 West Virginia— 1872
THE IRREDUCIBLE SCHOOL FUND AMENDMENT
(Joint Resolution No. 11 (H. J. R. No. 28), Acts 1901, p. 465. Ratified in
November, 1902)
That the following be proposed as an amendment to the Constitu-
tion of the State :
The accumulation of the school fund provided for in section four
of article twelve, of the Constitution of this State, shall cease upon
the adoption of this amendment, and all money to the credit of said
fund over one million of dollars, together with the interest on said
fund, shall be used for the support of the free schools of this State.
All money and taxes heretofore payable into the treasuiy under the
provision of the said section four, to the credit of the school fund,
shall be hereafter paid into the treasury to the credit of the general
school fund for the support of the free schools of the State.
Note: For the original constitution of 1872, West Virginia, see Appendix.
WISCONSIN
For organic acts issued previous to 1836 relating to tlie land now included
within Wisconsin see in this work :
Virginia Act of Cession, 17S3 (Illinois, p. 955).
Deed of Cession from Virginia, 1784 (Illinois, p. 957).
Northwest territorial Government, 1787 (Illinois, p. 957).
Virginia Act of Ratification, 1788 (Illinois, p. 963).
Northwest Territorial Government, 1789 (Illinois, p. 963).
Territorial Government of Indiana, 1800 (Illinois, p. 964).
Territorial Government of Michigan, 1805 (Michigan, p. 1925).
Territorial Government of Illinois, 1809 (Illinois, p. 966).
Enabling Act of Illinois, 1818 (Illinois, p. 967).
THE TERRITORIAL GOVERNMENT OF WISCONSIN— 1836 «
[Twenty-fourth Congress, First Session]
An Act establishing the territorial government of Wisconsin
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That from and
after the third day of July next the country inchided within the fol-
lowing boundaries shall constitute a separate Territory, for the pur-
poses of temporary government, by the name of Wisconsin, that is
to say: Bounded "on the east by a line drawn from the northeast
corner of the State of Illinois, through the middle of Lake Michigan,
to a point in the middle of said lake and opposite the main channel
of Green Bay, and through said channel and Green Bay to the
mouth of the Menomonie River; thence through the middle of the
main channel of said river to that head of said river nearest to the
Lake of the Desert ; thence in a direct line to the middle of said lake ;
thence through the middle of the main channel of the Montreal River
to its mouth ; thence with a direct line across Lake Superior to where
the territorial line of the United States last touches said lake north-
west; thence on the north with the said territorial line to the IVhite
o For other statutes of an organic nature relating to Wisconsin after 1836
see the act to lay out certain towns, July 2, 1836; to amend act to lay out
towns, March 3, 1837; to give approval to Wisconsin act incorporating banks,
March 3, 1837 ; to disapprove an act chartering a bank, April 4, 1838 ; to reor-
ganize legislature, June 12, 1838 ; to regulate the governor's veto power, March
3, 1839 ; to empower legislative assembly to provide for appointment or election
of judges, justices of peace, sheriffs and other offices. March 3, 1843 ; to author-
ize the legislature to regulate apportionment of representatives, and to provide
for ]iopular election of justices of the peace and militia officers, June 15, 1844;
to admit as a state in the Union, March 3, 1847 (rendered nugatory because
the people rejected the constitution which the act accepted).
4065
4066 Wisconsin— 1836
Earth River ; on the west by a line from the said boundary-line fol-
lowing down the middle of the main channel of White Earth River
to the Missouri River, and down the middle of the main channel of
the Missouri River to a point due west from the northwest corner of
the State of Missouri ; and on the south, from said point, due east to
the northwest corner of the State of Missouri ; and thence with the
boundaries of the States of Missouri and Illinois, as already fixed by
acts of Congress ; and after the said third day of July next all power
and authorit}^ of the government of Michigan in and over the Terri-
torj' hereby constituted shall cease: Provided^ That nothing in this
act contained shall be construed to impair the rights of person or
projDert}^ now appertaining to any Indians within the said Territory
so long as such rights shall remain unextinguished by treaty between
the United States and such Indians, or to impair the obligations of
any treat}^ now existing between the United States and such Indians,
or to impair or anywise to affect the authority of the Government of
the United States to make any regidations respecting such Indians,
their lands, property, or other rights, by treaty, or law, or otherwise,
which it would have been competent to the (lovernment to make if
this act had never been j^assed : Provided^ That nothing in this act
contained shall be construed to inhibit the Government of the United
States from dividing the Territory hereby established into one or
more other Territories, in such manner and at such times as Congress
shall in its discretion deem convenient and proper, or from attaching
any portion of said Territory to any other State or Territory of the
United States.
Sec. 2. And he it furtlier enacted^ That the executive power and
authority in and over the said Territory shall be vested in a governor,
who shall hold his office for three years, unless sooner removed by the
President of the United States. The governor shall reside within the
said Territory, shall be commander-in-chief of the militia thereof,
shall perform the duties and receive the emoluments of superintend-
ent of Indian Affairs, and shall approve of all laws passed by the
legislative assembly before they shall take effect; he may grant par-
dons for offences against the laws of the said Territory, and reprieves
for offences against the laws of the United States, until the decision
of the President can be made known thereon; he shall commission
all officers who shall be appointed to office under the laws of the said
Territory, and shall take care that the laws be faithfully executed.
Sec. 3. And he it further enacted^ That there shall be a secretary of
the said Territory, 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 Monday in 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 for the use
of Congress; and in case of the death, removal, resignation, or neces-
sary absence of the governor from the Territory, the secretary shall
have, and he is hereby authorized and required to execute and per-
form, all the ]:)owers and duties of the governor during such vacancy
or necessary absence.
Wisconsin— 1836 4067
Sec. 4, And he it further enacted, That the legislative poAver shall
be vested in a governor and a legislative assembly. The legislative
assembly shall consist of a coiuicil and house of representatives.
The council shall consist of thirteen members, having the qualifica-
tions of voters as hereinafter prescribed, whose term of service shall
continue four years. The house of representatives shall consist of
twenty-six members, possessing the same qualifications as prescribed
for the members of the council, and whose term of service shall con-
tinue two years. An apportionment shall be made, as nearly equal
as practicable, among the several counties for the election of the
council and representatives, giving to each section of the Territory
representation in the ratio of its population, Indians excepted, as
nearly as may be; and the said members of the council and house of
representatives shall reside in and be inhabitants of the district for
which they may be elected. Previous to the first election, the gov-
ernor of the Territory shall cause the census or enumeration of the
inhabitants of the several counties in the Territory to be taken and
made by the sheriffs of the said counties; respectively, and returns
thereof made by said sheriffs to the governor. The first election
shall be held at such time and place and be conducted in such manner
as the governor shall appoint and direct; and he shall, at the same
time, declare the number of members of the council and house of
representatives to which each of the counties is entitled under this
act. The number of persons authorized to be elected having the
greatest number of votes in each of the said counties for the council
shall be declared by the said governor to be duly elected to the said
council, and the person or persons having the greatest number of votes
for the house of representatives, equal to the number to Avhich each
county may be entitled, shall also be declared by the governor to be
duly elected: Provided, The governor shall order a new election
when there is a tie between two or more persons voted for to supply
the vacancy made by such tie; and the j^ersons thus elected to the
legislative assembly shall meet at such place on such day as he shall
appoint, but thereafter the time, place, and manner of holding and
conducting all elections by the people and the apportioning the rep-
resentation in the several counties to the council and house of rep-
resentatives, according to population, shall be prescribed by law,
as well as the day of the annual commencement of the session of the
said legislative assembly, but no session in any year shall exceed the
term of seventy-five days.
Sec. 5. And he it further enacted, That every free white male
citizen of the United States, above the age of twenty one years, who
shall have been an inhabitant of said Territory at the time of its
organization, shall be entitled to vote at the first election and shall
be eligible to any office within the said Territory, but the qualifications
of voters at all subsequent elections shall be such as shall be deter-
mined by the legislative assembly: Provided, That the right of
suffrage shall be exercised only by citizens of the United States.
Sec. 6. And he it further enacted, That the legislative power of
the Territory shall extend to all rightful subjects of legislation, but
no law shall be passed interfering with the primary disposal of the
soil ; no tax shall be imposed upon the property of the United States,
nor shall the lands or other property of non-residents be taxed higher
than the lands or other property of residents. All the laws of the
4068 Wisconsin— 1836
governor and legislative assembly shall be submitted to, and, if dis-
approved by the Congress of the United States, the same shall be null
and of no effect. •
Sec. 7. And he it further enacted, That all township officers and all
county officers, except judicial officers, justices of the peace, sheriffs,
and clerks of courts, shall be elected by the people in such manner as
may be provided by the governor and legislative assembly. The
governor shall nominate and, by and with the advice and consent of
the legislative council, shall appoint all judicial officers, justices of the
peace, sheriff's, and all militia officers except those of the staff, and all
civil officers not herein provided for. Vacancies occurring in the
recess of the council shall be filled by appointments from the gov-
ernor, which shall expire at the end of the next session of the legis-
lative assembly ; but the said governor may appoint in the first in-
stance, the aforesaid officers, Avho shall hold their offices until the
end of the next session of the said legislative assembly.
Sec. 8. And he it further enacted. That no member of the legisla-
tive assembly shall hold or be appointed to any office created, or the
salary or emoluments of which shall have been increased, whilst he
was a member, during the term for Avhich he shall have been elected,
and for one year after the expiration of such term; and no i)erson
holding a commission under the United States, or any of its officers,
except as a militia officer, shall be a member of the said council, or
shall hold any office under the government of the said Territory.
Sec. 9. And he it further enacted, That the judicial poAver of the
said Territory shall be vested in a supreme court, district courts, pro-
bate courts, and in justices of the peace. The supreme court shall
consist of a chief justice and tAvo associate judges, any two of whom
shall be a quorum, and who shall hold a term at the seat of govern-
ment of the said Territory annually, and they shall hold their offices
during good behavior. The said Territory shall be divided into
three judicial districts; and a district court or courts shall be held in
each of the three districts by one of the judges of the supreme court,
at such times and places as may be prescribed by law. The jurisdic-
tion of the several courts herein provided for, both appellate and
original, and that of the probate courts, and of the justices of the
peace, shall be as limitedby law: Prodded, hoicerer, That justices
of the peace shall not have jurisdiction of any matter of controversy
when the title or boundaries of land may be in dispute, or where the
debt or sum claimed exceeds fifty dollars. And the said supreme and
district courts, respect iA^ely, shall possess chancery as well as common-
law jurisdiction. Each district court shall appoint its clerk, who
shall keep his office at the place Avhere the court may be held, and the
said clerks shall also be the registers in chancery ; and any vacancy in
said office of clerk, hapi^ening in the vacation of said court, may be
filled by the judge of said district, Avhicli appointment shall continue
until the next term of said court. And writs of error, l^ills of excep-
tion, and appeals in chancery causes shall be allowed in all cases from
the final decisions of the said district courts to the supreme court,
under such regulations as may be prescribed by law; but in no case
remoA^ed to the supreme court shall a trial by jury be alloAved in said
court. The supreme court may appoint its own clerk, and every clerk
shall hold his office at the pleasure of the court b)^ Avhich he shall liaA^e
Wisconsin— 1836 4069
been appainted. And Avrits of error and appeals from the final de-
cisions of the said supreme court shall be allowed and 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 proj^erty or the amount in controversy, to be
ascertained by the oath or affirmation of either party, shall exceed one
thousand dollars. And each of the said district courts shall have and
exercise the same jurisdiction, in all cases arising under the Constitu-
tion and laws of the United States, as is vested in the circuit and dis-
trict courts of the United States. And the first six days of every
term of the said courts, or so much thereof as shall be necessarj^ shall
be appropriated to the trial of causes arising under the said Constitu-
tion and laws. And writs of error and appeals from the final de-
cisions of the said courts in all cases shall be made to the supreme
court of the Territory, in the same manner as in other cases. The
said clerks shall receive in all such cases the same fees which the clerk
of the district court of the United States in the northern district of
the State of New York receives for similar services.
Sec. 10. And he it furtlicr enacted^ That there shall be an attorney
for the said Territory appointed, who shall continue in office four
years, unless sooner removed by the President, and who shall receive
the same fees and salary as the attorney of the United States for the
Michigan Territory. There shall also be a marshal for the Territory
appointed, who shall hold his office for four years, unless sooner
removed by the President, who shall execute all process issuing from
the said courts Avhen exercising their jurisdiction as circuit and dis-
trict courts of the United States. He shall perform the same duties,
be subject to the same regulations and penalties, and l^e entitled to the
same fees as the marshal of the district court of the United States for
the northern district of the State of Xew York; and shall, in addi-
tion, be paid the sum of two hundred dollars annually, as a compensa-
tion for extra services.
Sec. 11. And he it further enacted^ That the governor, secretary,
chief justice and associate judges, attorney, and marshal shall be
nominated and, by and with the advice and consent of the Senate,
appointed by the JPresident of the United States. The governor and
secretary to be appointed as aforesaid shall, before they act as such,
respectively take an oath or affirmation before some judge or justice
of the peace in the existing Territory of Michigan, duly commissioned
and qualified to administer an oath or affirmation, to support the
Constitution of the United States, and for the faithful discharge of
the duties of their respective offices ; which said oaths, when so taken,
shall be certified by the person before whom the same shall have been
taken, and such certificate shall be received and recorded by the said
secretary among the executive proceedings. And afterwards the
chief justice and associate judges, and all other civil officers in said
Territory, before they act as such, shall take a like oath or affirmation
before the said governor or secretary, or some judge or justice of the
Territory who may be duly commissioned and qualified, which ■^aid
oath or affirmation shall be certified and transmitted by the person
taking the same to the secretary, to be by him recorded as aforesaid ;
and afterwards the like oath or affirmation shall be taken, certified,
and recorded in such manner and form as may be prescribed by law.
7535— VOL 7—09 19
4070 Wisconsin— 1836
The governor shall receive an annual salary of two thousand five
hundred dollars for his services as governor, and as sujierintendent
of Indian affairs. The said chief justice and associate judges shall
each receive an annual salary of eighteen hundred dollars. The
secretary shall receive an annual salary of twelve hundred dollars.
The said salaries shall be paid quarter-yearly, at the Treasury of the
United States. The members of the legislative assembly shall be
entitled to receive three dollars each per day during their attendance
at the sessions thereof, and three dollars each for every twenty miles'
travel in going to and returning from the said sessions, estimated
according to the nearest usualh^-traveled route. There shall be
appropriated annuall}' the sum of three hundred and fifty dollars,
to be expended by the governor to defray the contingent expenses of
the Territory, and there shall also be appropriated annually a suffi-
cient 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 incidential expenses; and the secre-
tary 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 further enacted., That the inhabitants of the said
Territory shall be entitled to, and enjoy, all and singular the rights,
privileges, and advantages granted and secured to the peo])le of the
territory of the United States northwest of the river Ohio, by the
articles of the compact contained in the ordinance for the government
of the said territory, passed on the thirteenth day of July, one thou-
sand seven hundred and eighty-seven ; and shall be subject to all the
conditions and restrictions and prohibiti(ms in said articles of com-
pact imposed ujion the people of the said territory. The said inhabi-
tants shall also be entitled to all the rights, privileges, and immunities
heretofore gi'anted and secured to the Territory of Michigan, and to
its inhabitants, and the existing laws of the Territory of Michigan
shall be extended over said Territory, so far as the same shall not be
incompatible with the provision of this act, subject, nevertheless, to
be altered, modified, or repealed by the governor and legislative
assembly of the said Territory of Wisconsin ; and further, the laws
of the United States are hereby extended over, and shall be in force
in, said Territory, so far as the same, or any provisions thereof, may
be applicable.
Sec. 13. And he it further enacted. That the legislative assembly of
the Territory of Wisconsin shall hold its first session at such time and
place in said Territory as the governor thereof shall appoint and
direct; and at said session, or as soon thereafter as may by them be
deemed expedient, the said goA'ernor and legislative assembly shall
proceed to locate and establish the seat of government for said Terri-
tory, at such place as they may deem eligible, which place, however,
shall thereafter be subject to be changed by the said governor and
legislative assembly. And twenty thousand dollars, to be paid out
of any money in the Treasury not otherwise appropriated, is hereby
given to the said Territory, which shall be applied by the governor
and legislative assembly to defray the expenses of erecting public
buildings at the seat of government.
Wisconsin — 18 46 4071
Sec. 14^ And he it further' e?iacted, That a Delegate to the Plouse 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 have been granted to the Delegates from the several
Territories of the United States to the said House of Representatives.
The first election shall be held at such time and place or places, and
be conducted in such manner, as the governor shall appoint and direct.
The i^erson having the greatest number of votes shall be declared by
the governor to be duly elected, and a certificate thereof shall be given
to the person so elected.
Sec. 15. And he it further' enacted^ That all suits, jjrocess, and pro-
ceedings, and all indictments and informations, which shall be unde-
termined on the third day of July next in the courts held by the addi-
tional judge for the Michigan Territory, in the counties of Brown and
loAva ; and all suits, process, and proceedings, and all indictments and
informations, which shall be inidetermined on the said third day of
July, in the county courts of the several counties of Crawford, Brown,
Iowa, Dubuque, Milwalke, [Milwaukie,] and Des Moines, shall be
transferred to be heard, tried, prosecuted, and determined in the dis-
trict courts hereby established, which may include the said counties.
Sec. 16. And he it further enacted., That all causes which shall have
been or may be removed from the courts held by the additional judge
for the Michigan Territory, in the counties of Brown and Iowa, by
appeal or otherwise, into the supreme court for the Territory of Mich-
igan, aiid which shall be undetermined therein on the third day of
July next, shall be certified by the clerk of the said supreme court, and
transferred to the supreme court of said Territory of Wisconsin, there
to be proceeded in to final determination, in the same manner that they
might have been in the said supreme court of the Territory of
Michigan.
Sec. 17. And he it further enacted^ That the sum of five thousand
dollars be, and the same is hereby, appropriated, out of any mone}^ in
the Treasury not otherwise appropriated, to be expended by and
under the direction of the legislative assembly of said Territory, in
the purchase of a library for the accommodation of said assembly, and
of the supreme court hereby established.
Approved, x\pril 20, 1836.
TERRITORIAL GOVERNMENT OF IOWA— 1838
(See "Iowa," p. 1111.)
ENABLING ACT FOR WISCONSIN— 1846
[Twenty-ninth Congress, First Session]
An Act to enable the i)eoi)le of "NA'isconsin Territory to form a constitution and
State government, and for the admission of such State into the Union.
Be it enacted^ hy the Senate and House of Representatives of the
United States of America in Congress assemhled^ That the people of
4072 Wisconsin— 1846
the Territor}^ of Wisconsin be, and the}^ are hereby, authorized to
form a constitution and State government, for the })nrpose of being
admitted into the Union on an equal footing with the original States
in all resi^ects wlratsoever, by the name of the State of Wisconsin,
with the following boundaries, to wit : Beginning at the northeast
corner of the State of Illinois ; that is to say, at a point in the centre
of Lake Michigan where the line of forty-two degrees and thirty
minutes of north latitude crosses the same; thence, running Avith the
boundary-line of the State of ]\Iichigan, through Lake Michigan,
Green Bay, to the mouth of the jNIenomonie River; thence up the
channel of said river to the Brule River; thence up said last-men-
tioned river to Lake Brule; thence along the southern shore of Lake
Brule in a direct line to the Centre of the channel between Middle
and South Islands, in the Lake of the Desert ; thence in a direct line
to the headwaters of the Montreal River, as marked upon the survey
made l)y Captain Cramm: thence down the main channel of the Mon-
treal River to the middle of Lake Superior; thence through the cen-
tre of Lake Superior to the mouth of the Saint Louis River; thence
up the main channel of said river to the first rapids in the same, above
the Indian village, according to Nicollet's map; thence due south to
the main branch of the river Saint Croix; thence down the main
channel of said river to the Mississippi; thence down the centre of
the main channel of that river to the northwest corner of the State of
Illinois; thence due east with the northern boundary of the State of
Illinois to the ])lace of beginning, as established by "An act to enable
the people of the Illinois Territory to form a constitution and State
govennnent, and for the admission of such State into the Union on an
equal footing with the original States,"' approved April eighteen,
eighteen hundred and eighteen.
Sec. 2. And he it further enacted^ That, to prevent all disputes in
reference to the jurisdiction of islands in the said Brule and Menom-
onie Rivers, the line be so run as to include within the jurisdiction
of Michigan all the islands in the Bride and Me;ionionie Rivers, (to
the extent in which said rivers are adopted as a boundary,) down to,
and inclusive of, the Quinnesec Falls of the ]Menom(mie; and from
thence the line shall be so run as to include within the jurisdiction
of Wisconsin all the islands in the Menomonie River from the falls
aforesaid doAvn to the junction of said river with Green Bay: Pro-
vided^ That the adjustment of l)oundary, as fixed in this act, between
Wisconsin and ^Michigan shall not be binding on Congress unless the
same shall be ratified b}^ the State of Michigan on or before the first
day of June, one thousand eight hundred and forty-eight.
Sec. 3. And he it further enacted^ That the said State of Wisconsin
shall have concurrent jurisdiction on the JNIississippi, and all other
rivers and waters bordering on the said State of Wisconsin, so far as
the same shall form a common l)oundary 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. 4. And he it further enacted^ That from and after the admis-
sion of the State of Wisconsin into the Union, in pursuance of this
act, the laws of the United States, which are not locally inapplicable,
Wisconsi7i—1846 4073
shall have the same force and effect within the State of Wisconsin
as elsewhere within the United States ; and said State shall constitute
one district, and be called the district of Wisconsin; and a district
court shall be held therein, to consist of one judge, who shall reside
in the said district and be called a district judge. He shall hold, at
the seat of government of said State, two sessions of said court annu-
ally, on the first Mondays in January and July, and he shall in all
things have and exercise the same jurisdiction and powers which were
by lavv^ given to the judge of the Kentucky district under an act enti-
tled "An act to establish the judicial courts of the United States."
He shall ajDpoint a clerk for said district, who shall reside and keep
the records of said court at the place of holding the same ; and shall
receive for the services performed by him the same fees to which the
clerk of the Kentucky district is by law entitled for similar services.
There shall be allowed to the judge of said district court the annual
compensation of fifteen hundred dollars, to commence from the date
of his ajopointment, to be paid quarterly at the Treasury of the United
States.
Sec. 5. And he it further enacted, That there shall be appointed in
said district a person learned in the law to act as attorney of the
United States, who, in addition to the stated fees, shall be paid the
sum of tAvo hundred dollars annualW by the United States, as a full
compensation for all extra services; the said payment to be made
quarterly at the Treasury of the United States. And there shall
also be apj^ointed a marshal for said district, who shall perform the
same duties, be subject to the same regulations and penalties, and be
entitled to the same fees as are prescribed and allowed to marshals in
other districts ; and shall, moreover, be allowed the sum of two hun-
dred dollars annually as a compensation for all extra services.
Sec. 6. And he it further enacted, That, until another census shall
be taken and apportionment made, the State of Wisconsin shall be
entitled to two Representatives in the Congress of the United States.
Sec. 7. And he it further enacted, That the following propositions
are hereby submitted to the convention which shall assemble for the
puri^ose of forming a constitution for the State of Wisconsin,, for
acceptance or rejection ; and if accepted by said convention, and rati-
fied by an article in said constitution, they shall be obligatory on the
United States :
First. That section numbered sixteen, in every township of the
public lands in said State, and, where such section has been sold or
otherwise disposed of, other lands equivalent thereto, and as contig-
uous as may be, shall be granted to said State for the use of schools.
Second. That the seventy-two sections or two entire toAvnships of
land set apart and reserved for the use and support of a university,
by an act of Congress a'pproved on the twelfth day of June, eighteen
hundred and thirty-eight, entitled "An act concerning a seminary of
learning in the Territory of Wisconsin," are hereby granted and con-
veyed to the State, to be appropriated solely to the use and support
of such university, in such manner as the legislature may prescribe.
Third. That ten 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 said State, for the purpose of completing the public
4074 Wisconsi7i — ]84S
buildings of the said State, or for the erection of others at the seat
of government, under the direction of the legislature thereof.
Fourth. That all salt-springs Avithin said State, not exceeding
twelve 'in number, with six sections of land adjoining, or as contig-
uous as may be to each, shall be granted to the State for its use ; the
same to be selected by the legislature 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: Provided, That no salt-spring or land, the right whereof
is now vested in any individual or individuals, or which may here-
after be confirmed or adjudged to any individual or individuals,
shall, by this section, be granted to said State.
Fifth. That five per cent, of the net proceeds of sales of all public
lands lying within the said State, which have been or shall be sold by
Congress, from and after the admission of said State into the Union,
after deducting all the expenses incident to the same, shall be paid to
the said State for the purpose of making public roads and canals in
the same, as the legislature shall direct : Provided, That the foregoing
propositions heroin offered are on the condition that the said conven-
tion which shall form the constitution of said State shall provnde, by
a clause in said constitution, or an ordinance, irrevocable without the
consent of the United States, that said State shall never interfere
with the ])rimary disposal of the soil within the same by the United
States, nor with any regulations Congress may find necessary for
securing the title in such soil to hona-fde purchasers thereof; and
that no tax shall be imposed on lands the property of the United
States; and that in no case shall non-resident proprietors be taxed
higher than residents.
Approved. August 6, 1846.
ACT FOR THE ADMISSION OF WISCONSIN— 1848
[Thirtieth Congress. First Session]
■ An Act for the ailmission of the State of AVisconshi into the TTnion
"VVliereas the people of the Territory of Wisconsin did, on the first
day of February, eighteen hundred and forty-eight, by a convention
of delegates, called and assembled for that purpose, form for them-
selves a constitution and State government, which said constitution
is reioublican, and said convention having asked the admission of said
Territory into the Union as a State, on an equal footing with the
original States:
Be it enacted hy the Senate and House of Representatires of the
United States of America in Congress assemhled. That the State of
Wisconsin be, and is hereby, admitted to be one of the United States
of America, and is hereby admitted into the Union on an equal foot-
ing with the original States, in all respects whatever, with the bound-
aries prescribed by the act of Congress, aj^proved August sixth, eight-
een hundred and forty-six, entitled "An act to enable the people of
Wisconsin Territory to form a constitution and State government,
and for the admission of such State into the Union."
Sec. 2. A7}d he it further enacted, That the assent of Congress is
hereb}^ given to the first, second, fourth, and fifth resolutions adopted
Wisconsin — J 8 48 4075
by said convention, and appended to said constitution; and the acts
of Congress referred to in the said resohitions are hereby amended,
so that the hinds granted by the provisions of the several acts referred
to in the said first and fourth resohitions, and the proceeds of said
lands, and the five per centum of the net proceeds of the iDublic lands
therein mentioned, shall be held and disposed of by said State, in
the manner and for the purposes recommended by said convention ;
and so that, also, the lands reserved to the United States by the pro-
visions of the act entitled "An act to grant a quantity of land to aid
in the improvement of the Fox and Wisconsin Eivers, and to connect
the same by a canal in the Territory of AVisconsin;" and, also, the
even-numbered sections reserved by the provisions of the act entitled
"An act to grant a quantity of land to the Territory of Wisconsin, for
the purpose of aiding in opening a canal to connect the waters of
Lake Michigan Avith those of Rock River," shall be offered for sale
at the same minimum price, and subject to the same rights of pre-
einpti(m, as other public lands of the United States: Pi'orided., how-
ever^ That no j^erson shall be entitled to a preemption by reason of
the settlement and cultivation of any quarter-section or other sub-
division of said even-numbered sections, which tract, before the com-
mencement of such settlement, shall have been claimed by any other
person cultivating and improving the same in good faith, and which
shall have continued to be claimed, cultivated, and improved in like
good faith by such person, his representatives or assigns, until the
sale of said tract, and of which said prior claim, cultivation, and
improvement, the person so claiming preemption shall have had notice
at the time of his entry and settlement ; neither shall any preemption
be allowed to any tract, to the injury of any person, or of the repre-
sentatives or assigns of any person, claiming and occupying the same
or any part thereof in good faith, in his or her right, at the passage
of this act, and owning valuable cultivation or improvements thereon,
which cultivation or improvements shall have been assigned by the
person so claiming preemption, or, if commenced subsequently to the
entry and settlement of such person, shall have been made with his
consent or acquiescence: And provided further^ That the liabilities
incurred by the territorial government of Wisconsin, under the act
entitled "x^.n act to grant a quantity of land to the Territory of Wis-
consin, for the purpose of aiding in opening a canal to connect the
waters of Lake Michigan with those of Rock River," hereinbefore
referred to, shall be paid and discharged by the State of Wisconsin.
Sec. 3. And, he it further enacted^ That the purchasers of any tract
of the said even-numbered sections mentioned in the preceding sec-
tion, and sold since the reservation thereof at the minimum price
of two dollars and fifty cents per acre, shall be entitled to receive
from the Commissioner of the General Land Office a certificate of
the quantity of land so purchased, and of the amount of the excess
paid therefor over and above the value of said land, at the rate of
one dollar and twenty-five cents per acre; which certificate, to the
amount of such excess, shall be receivable from the holder thereof,
or his assigns, in like manner as so much money, in payment of the
public lands of the United States. That in the event of the death
of any such purchaser before the issuing of such certificate, the sum
shall be issued in favor of the lawful representatives of such pur-
chaser.
4076 Wisconsin — 18 48
Sec. 4. And he it further enacted, That the judge of the district
court for the district of Wisconsin shall hold a term of said court in
each year at the seat of government, to commence on the first Monday
of July, and another term of said court in each year at Milwaukee,
to commence on the first Monday of January. He shall also have
power to hold special terms for the trial of causes, and for the
determination of all suits or proceedings in said courts, at either of
the aforesaid places, at his discretion, as the nature and amount of
the business may require. The said court shall be open at all times
for the purpose of hearing and deciding cases of admiralty and
maritime jurisdiction, so far as the same can be done without a jury.
The records and papers of said court may be kept at either of the
places herein designated for the holdmg of said court, as the judge
in his discretion shall direct.
Sec. 5. And he it further enacted, That the clerks of the district
courts of the Territory of Wisconsin shall, before their term of office
expires, certify under seal, and transmit to the clerk of said courts,
all records of all unsatisfied judgments, and of suits pending in said
courts respectively, attaching thereto all papers connected therewith,
in all cases arising under the laws or Constitution of the United
States, or to which the United States shall be a party; and they
shall forward the same to the clerk of said district court of the
State of Wisconsin, who shall enter tlie same in his docket, and the
said district court shall proceed therein to final judgment and execu-
tion, as if such suits or proceedings had originally been brought in
said court.
Sec." 6. And he it further enacted, That the clerk of the supreme
court of the Territory of AVisconsin shall deliver to the clerks
of said district court ail records and papers in the office of the clerk
of the said supreme court relating to proceedings in bankruptcy
under the late bankrupt law of the United States. He shall also
certify, under seal, and deliver to said clerk, all records of judgments
ancl of proceedings in suits pending, and all papers connected there-
with, in cases arising under the Constitution and laws of the United
States.
Sec. 7. And he it further enacted, That from and after the fourth
day of March, eighteen hundred and forty-nine, and until another
census and apportionment shall be made, the State of Wisconsin
shall be entitled to three representatives in the Congress of the United
States.
Approved, May 29, 1848.
Wisconsin^! 848 4077
CONSTITUTION OF THE STATE OF WISCONSIN— 1848 * "
PREAMBLE
We, the people of Wisconsin, grateful to Almighty God for our
freedom ; in order to secure its blessings, form a more perfect govern-
ment, insure domestic tranquility and promote the general welfare ;
do establish this Constitution.
Article I
DECLARATION OF RIGHTS
Section 1. All men are born equally free and independent, and
have certain inherent rights; among these are life, liberty, and the
pursuit of happiness: to secure these rights governments are insti-
tuted among men, deriving their just powers from the consent of the
governed.
Section 2. There shall be neither slavery, nor involuntary servitude
in this State, otherwise than for the punishment of crime, whereof
the party shall have been duly convicted.
Section 3. Every person may freely speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that
right, and no laws shall be passed to restrain or abridge the liberty of
speech, or of the press. In all criminal prosecutions, or indictments
for libel, the truth may be given in evidence, and if it shall appear to
the jury, that the matter charged as libelous be true, and was pub-
lished 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.
Section 4. The right of the people peacably to assemble, to consult
for the common good, and to petition the government, or any depart-
ment thereof, shall never be abridged.
Section 5. The right of trial by jury shall remain inviolate; and
shall extend to all cases at law, without regard to the amount in con-
troversy; but a jury trial may be waived by the parties in all cases,
in the manner prescribed by law.
Section 6. Excessive bail shall not be required, nor shall excessive
fines be imposed, nor cruel and unusual punishments inflicted.
Section 7. In all criminal prosecutions, the accused shall enjoy the
right to be heard by himself and counsel ; to demand the nature and
cause of the accusation against him; to meet the witnesses face to
face; to have compulsory process to compel the attendance of wit-
nesses in his behalf; and in prosecution by indictment, or informa-
tion, to a speedy public trial by an impartial jury of the county or
* Constitution of the State of Wisconsin, with a Brief History of the Admission
of Wisconsin to the Union. Prepared under Direction of W. L. Houser, Secre-
tary of State. Madison, Wis. Democrat Printing Company, State Printer 1906.
48 pp.
oThe text of the State Constitution given here follows the original certified
copy on file in the Department of State. The use of capital letters and punctua-
tion marks conforms with the original.
4078 Wisconsi7i—l 848
district wherein the offence shall have been committed ; which county
or district shall have been previously ascertained by law,
Sectiox 8. No person shall be held to answer for a criminal offence,
unless on the presentment, or indictment of a Grand Jury, except in
cases of impeachment, or in cases cognizable by Justices of the
Peace, or arising in the Army, or Xavy, or in the militia when in
actual -service in time of war, or public danger ; and no person for
the same offence shall be put twice in jeopardy of punishment, nor
shall be compelled in any criminal case to be a witness against him-
self; all persons shall before conviction, be bailable by sufficient
sureties, except for capital offenses, when the proof is evident,
or the presumption great ; and the privilege of the writ of habeas-
corpus shall not be suspended unless when, in cases of rebellion, or
invasion, the public safety may require.
Section 9. Every person is entitled to a certain remed}^ in the 'laws,
for all injuries, or wrongs which he may receiA^e in his person, prop-
erty, or character; he ought to obtain justice freely, and without being
obliged to purchase it, completely and without denial, promptly and
without delay, conformably to the laws.
Section 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.
Section 11. 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 warrants shall issue but upon probable
cause, supported hy oath, or affirmation and particularly describing
the place to be searched, and the persons or things to be seized.
Section 12. No bill of attainder, ex-post facto law, nor any law
impairing the obligation of contracts shall ever be passed, and no
conviction shall work corruption of blood, or forfeiture of estate.
Section 13. The property of no person shall be taken for public
use, without just compensation therefor.
Section 14. All lands within the state are declared to be allodial,
and feudal tenures are prohibited. — Leases and grants of agricultural
land, for a longer term than fifteen years, in which rent, or service of
any kind shall be reserved, and all fines and like restraints upon
alienation, reserved in any grant of land, hereafter made, are declared
to V)e void.
Section 15. No distinction shall ever be made by law, between
resident aliens and citizens, in reference to the possession, enjoyment,
or descent of property.
Section 16. No person shall be imprisoned for debt, arising out of,
or founded on a contract, expressed or implied.
Section 17. The privilege of the debtor to enjoy the necessary com-
forts of life, shall be recognized by wholesome laws, exempting a
reasonable amount of property from seizure, or sale for the payment
of any debt, or liability hereafter contracted.
Section 18. The right of every man to Avorship Almighty (xod, ac-
cording to the dictates of his own conscience, shall never be infringed ;
nor shall any man be compelled to attend, erect, or su))port any place
of Avorship, or to maintain any ministry against his consent; nor
Wisconsi7i—1848 4079
shall any control of, or interference with, the rights of conscience be
permitted, or any preference be given by law to any religions estab-
lishments, or modes of worship ; nor shall any money be drawn from
the treasury for the benefit of religions societies, or religions, or
theological seminaries.
Section 19. No religious test shall ever be required as a qualifica-
tion for any office of public trust under the State, and no person shall
be rendered incompetent to give evidence in any court of law, or
equity, in consequence of his opinions on the subject of religion.
Section 20. The military shall be in strict subordination to the
civil power.
Section 21. Writs of error shall never be prohibited by law.
Section 22. The blessings of a free government can only be main-
tained by a firm adherence to justice, moderation, temperance, fru-
gality and virtue, and by frequent recurrence to fundamental
principles.
Article II
BOUNDARIES
Section 1. It is hereby ordained and declared, that the State of
Wisconsin doth consent and accept of the boundaries prescribed in
the act of Congress entitled ''An act to enable the people of Wis-
consin Territory to form a Constitution and State government and
for the admission of such State into the Union," approved August
sixth, one thousand eight hundred and forty-six, to-wit: Beginning
at the north-east corner of the State of Illinois — that is to say; at
a point in the center of Lake Michigan, where the line of forty-two
degrees and thirty minutes of north latitude crosses the same ; thence
running with the boundary line of the State of Michigan, through
Lake Michigan, Green Bay, to the mouth of the Menominie river;
thence up the channel of the said river to the Brule river; thence up
said last mentioned river to Lake Brule; thence along the southern
shore of Lake Brule 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 head waters of the Montreal river, as
marked upon the survey made by Captain Cramm ; thence down the
main channel of the Montreal river to the middle of Lake Superior,
thence through the center of Lake Superior to the mouth of the
St. Louis river; thence up the main channel of said river to the first
rapids in the same, above the Indian village, according to Nichollet's
map; thence due south to the main branch of the river St. Croix;
thence down the main channel of said river to the Mississippi ; thence
down the centre of the main channel of that river to the north-west
corner of the State of Illinois; thence due east with the northern
boundary of the State of Illinois to the place of beginning, as estab-
lished by ^' an act to enable the people of the Illinois Territory to
form a constitution and State government, and for the admission of
such State into the Union on an equal footing with the original
States," approved April 18, 1818. Provided, however, that the fol-
lowing alteration of the aforesaid boundary be, and hereby is pro-
posed to the Congress of the United States as the preference of the
State of Wisconsin, and if the same shall be assented and agreed to
4080 Wisconsin— 1 848
by the Congress of the United States, then the same shall be and
forever remain forever obligatory on the State of Wisconsin, viz:
Leaving the aforesaid boundary line at the foot of the rapids of the
St. Louis river; thence in a direct line, bearing South-westerly, to
the mouth of the Iskodewabo or Rum river, where the same empties
into the MississipjDi river, thence down the main channel of the said
Mississippi river as prescribed in the aforesaid boundary.
Section 2. The propositions contained in the act of Congress are
hereby accepted, ratified and confirmed, and shall remain irrevocable
Avithout 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 b}^ the United States, nor with any regulations
Congress ma}' find necessary for securing the title in such soil to
bona-fide purchasers thereof; and no tax shall be imposed on land,
the property of the United States; and in no case shall non-resident
proprietors be taxed higher than residents. Provided, that nothing in
this Constitution, or in the act of Congress aforesaid, shall in any
manner prejudice, or aft'ect the right of the State of Wisconsin to
five hundred thousand acres of land, granted to said State, and to be
hereafter selected and located by and under the Act of Congress
entithnl ''An act to a])proiiriate the proceeds of the sales of the pub-
lic lands, and grant pre-enijjtion rights," approved September fourth,
one thousand eight hundred and forty-one.
Akticle III
SUFFRAGE
Section 1. Every male person of the age of twenty-one years or
upwards, belonging to either of the following classes, who shall have
resided in the State for one vear next preceding any election, shall
be deemed a qualified elector at such election:
First. — White citizens of the United States.
Second. — White persons of foreign birth who shall have declared
their intention to become citizens, conformably to the laws of the
United States on the subject of naturalization.
Third. — Persons of Indian blood who have once been declared by
law of Congress to be citizens of the United States, any subsequent
law of Congress to the contrary notAvithstanding.
Fourth. — Civilized persons of Indian descent, not members of any
tribe : Prcjvided, that the legislature may at aii}^ time extend, by law,
the right of suffrage to persons not herein enumerated, but no such
laAv shall be in force until the same shall have been submited to a
vote of the people at a general election, and approved by a majority
of all the votes cast at such election.
Section 2. No person under guardianship, non-compos mentis, or
insane, shall be qualified to vote at any election ; nor shall any person
convicted of treason, or felony, be qualified to vote at any election,
unless restored to civil rights.
Section. 3. xVll votes shall be given by ballot, except for such town-
ship officers as may by law be directed, or allowed to be otherwise
chosen.
Wisconsin— 1848 4081
Section 4. No person shall be deemed to have lost his residence in
this State, by reason of his absence on business of the United States,
or of this State.
Section 5. No soldier, seaman, or marine in the army or navy of
the United States shall be deemed a resident of this State, in conse-
quence of being stationed within the same.
Section 6. Laws may be passed excluding from the right of suf-
frage all persons who have been or may be convicted of bribery, or
larceny, or of any infamous crime, and depriving every person who
shall make, or become directly, or indirectly interested, in any bet or
wager depending upon the result of any election, from the right to
vote at such election.
Article IV
LEGISLATIVE
Section 1. The Legislative power shall be vested in a Senate and
Assembly.
Section 2. The number of the members of the xVssembly shall
never be less than fifty-four, nor more than one hundred. The
Senate shall consist of a number not more than one-third, nor less
than one-fourth of the number of the members of the Assembl3^
Section 3. The legislature shall provide by law for an enumera-
tion of the inhabitants of the State in the year one thousand eight
hundred and fifty-five, and at the end of every ten years thereafter;
and at their first session after such enumeration, and also after each
enumeration made by the authority of the United States, the legis-
lature shall apportion and district anew the meuibers of the Senate
and Assembly, according to the number of inhabitants, excluding
Indians not taxed, and soldiers and officers of the United States
Army and Navy.
Section 4. The members of the Assembly shall be chosen annually
by single districts, on the Tuesday succeeding the first Monday of
November, by the qualified electors of the several districts. Such
districts to be bounded by county, precinct, town, or ward lines, to
consist of contiguous territory, and be in as compact form as prac-
ticable.
Section 5. The Senators shall be chosen by single districts of con-
venient contiguous territory, at the same time and in the same
manner as members of the Assembly are required to be chosen, and
no Assembly district shall be divided in the formation of a Senate
district. The Senate districts shall be numbered in regular series,
and the Senators chosen by the odd-numbered districts shall go out
of office at the expiration of the first year, and the Senators cliosen
by the even-numbered districts shall go out of office at the expiration
of the second year, and thereafter the Senators shall be chosen for
the term of two years.
Section G. No person shall be eligible to the Legislature, who shall
not have resided one year within the State, and be a qualified elector
in the district which he may be chosen to represent.
Section 7. Each house shall be the judge of the elections, returns
and qualifications of its own members; and a majority of each shall
4082 Wisconsin— 1 848
constitute a quorum to do business : but a smaller number may ad-
journ from day to day, and may compel the attendance of absent mem-
bers in such manner, and under such penalties, as each house may
provide.
Section 8. Each house may determine the rules of its oAvn pro-
ceedings, punish for contempt and disorderly behavior, and with the
concurrence of two-thirds of all the members elected, expel a mem-
ber; but no member shall be expelled a second time for the same
cause.
Section 9. Each house shall choose its own officers, and the Senate
shall choose a temporary president, when the Lieutenant-Governor
shall not attend as president, or shall act as Governor.
Section 10. Each house shall keep a journal of its proceedings and
publish the same, except such parts as require secrecy. The doors of
each house shall be kept open except when the public welfare shall
require secrec}'. Neither house shall, without consent of the other,
adjourn for more than three days.
Section 11. The legislature shall meet at the seat of government,
at such time as shall be provided by law, once in each year, and not
oftener, unless convened by the Governor.
Section 12. No menri)er of the Legislature shall, during the term
for which he was elected, be appointed or elected to any civil office in
the State, which shall have been created, or the emoluments of which
shall have been increased, during the term for which he was elected.
Section 13. No person being a member of Congress, or holding any
military or civil office under the United States, shall be eligible to a
seat in the Legislature, and if any person shall, after his election as a
member of the Legislature, be elected to Congress, or be appointed
, to any office, civil or military, under the government of the United
States, his acceptance thereof shall vacate his seat.
Section 14. The governor shall issue Avrits of election to fill such
vacancies as may occur in either house of the Legislature.
Section 15. Members of the Legislature shall in all cases, except
treason, felony and breach of the peace, be privileged from arrest;
nor shall they be subject to any civil process, during the session of the
Legislature, nor for fifteen days next before the commencement and
after the termination of each session.
Section 16. No member of the Legislature shall be liable in any
civil action, or criminal prosecution whatever, for words spoken in
debate.
Section 17. The style of the laws of the State shall be " The people
of the State of Wisconsin, represented in Senate and Assembly, do
enact as follows : " and no law shall be enacted except by bill.
Section 18. No private or local. bill which may be passed by the
Legislature shall embrace more than one subject, and that shall be
expressed in the title.
Section 10. Any bill may originate in either house of the Legis-
lature, and a bill passed by one house may be amended by the other.
Section 20. The yeas and nays of the members of either house, on
any question shall, at the request of one-sixth of those present, be
entered on the journal.
Section 21. Each member of the Legislature shall receive for his
services two dollars and fifty cents for each days attendance during
Wisconsin— 1848 4083
the session, ^nd ten cents for every mile he shall travel in going to
and returning from the place of the meeting of the Legislature, on
the most usual route.
Section 22. The Legislature may confer upon the boards of super-
visors of the several counties of the State, such powers of a local,
legislative and administrative character, as they shall from time to
time prescribe.
Section 23. The Legislature shall establish but one system of town
and county government, which shall be as nearly uniform as practi-
cable.
Section 24. The Legislature shall never authorize any lottery, or
grant any divorce.
Section 25. The Legislature shall provide by law, that all station-
ary required for the use of the State, and all printing authorized and
required by them to be done for their use, or for the State, shall be
let by contract to the lowest bidder, but the Legislature may establish
a maximum price; no member of the Legislature, or other State
Officer shall be interested, either directly or indirectly, in an}^ such
contract.
Section 26. The Legislature shall never grant any extra compensa-
tion to any public officer, agent, servant, or contractor, after the serv-
ices shall have been rendered, or the contract entered into; nor shall
the compensation of an}^ public officer be increased, or diminished
during his term of office.
Section 2T. The Legislature shall direct by law in what manner
and in what courts, suits may be brought against the State.
Section 28. Members of the Legislature, and all officers, executive
and judicial, except such inferior officers as may be by law exempted,
shall before they enter upon the duties of their respective offices, take
and subscribe on oath, or affirmation to support the Constitution of
the United States, and the Constitution of the State of Wisconsin,
and faithfully to discharge the duties of their respective offices to the
best of their ability.
Section 29. The Legislature shall determine what persons shall
constitute the militia of the State, and may provide for organizing
and disciplining the same in such a manner as shall be prescribed by
law.
Section 30. In all elections to be made by the Legislature, the
members thereof shall vote viva-voce, and their votes shall be entered
on the journal.
Article V
executive
Section 1. The Executive power shall be vested in a Governor, who
shall hold his office for two years; a Lieutenant-Governor shall be
elected at the same time, and for the same term.
Section 2. No person except a citizen of the United States, and a
qualified elector of the State, shall be eligible to the office of Gov-
ernor, or Lieutenant-Governor.
Section 3. The Governor and Lieutenant-Governor shall be elected
by the qualified electors of the State, at the times and places of choos-
ing members of the Legislature. The persons respectively having the
4084 Wisconsin— 1 848
highest number of votes for Governor and Lieutenant-Governor, shall
be elected; but in case two or more shall have an equal and the
highest number of votes for Governor, or Lieutenant-Governor, the
two houses of the Legislature, at its next annual session, shall forth-
with, by joint ballot, choose one of the persons so having an equal and
the highest nuuiber of votes, for Governor, or Lieutenant-Governor.
The returns of election for Governor and Lieutenant-Governor, shall
be made in such manner as shall be provided by laAv.
Section 4. The Governor shall be Commander-in-chief of the Mili-
tary and Naval forces of the State. He shall have power to convene
the Legislature on extraordinary occasions, and in case of invasion,
or danger from the prevalence of contagious disease at the seat of
government, he may convene them at any other suitable place within
the State. He shall communicate to the Legislature, at every ses-
sion, the condition of the State; and recommend such matters to
them for their consideration as he may deem expedient. He shall
transact all necessary business with the officers of the government,
civil and military. He shall expedite all such measures as may be
resolved upon by the Legislature, and shall take care that the laws
be faithfully executed.
Section 5. The Governor shall receive during his continuance in
office, an annual compensation of one thousand two hundred and fifty
dollars.
Section G. The Governor shall have power to grant reprieves, com-
mutations and pardons after conviction, for all olfences, 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
applying for pardons. Upon conviction for treason, he shall have
the power to suspend the execution of the sentence, until the case
shall be reported to the Legislature at its next meeting, when the
Legislature shall either pardon, or commute the sentence, direct the
execution of the sentence, or grant a further reprieve. He shall
annually communicate to the Legislature each case of reprieve, com-
uHitation or pardon granted, stating the name of the convict, the
crime of which he was convicted, the sentence and its date, and the
date of the commutation, pardon or reprieve, with his reasons for
granting the same.
Section 7. In case of the impeachment of the Governor, or his
removal from office, death, inability from mental or physical disease,
i-esignation, or absence from the State, the powers and duties of the
office shall devolve upon the Lieutenant-Governor for the residue of
the term, or until the Governor, absent or impeached, shall have
returned, or the disability shall cease. But when the Governor shall,
with the consent of the Legislature, be out of the State in time of
AVar, at the head of the Military force thereof, he shall continue
Commander-in-chief of the Military force of the State.
Section 8. The Lieutenant Governor shall be President of the
Senate, but shall have only a casting vote therein. If, during a
vacancy in the office of Governor, the Lieutenant-Governor shall be
impeached, displaced, resign, die, or from mental, or physical disease
become incapable of performing the duties of his office, or be absent
Wisconsin — 18 48 4085
from the .State, the Secretary of State shall act as Governor, until
the vacancy shall be filled, or the disability shall cease.
Section 9. The Lieutenant-Governor shall receive double the j)er-
diem allowance of members of the Senate, for every day's attendance
as President of the Senate, and the same mileage as shall be allowed
to members of the Legislature.
Section 10. Every bill which shall have passed the Legislature
shall, before it becomes a law, be presented to the Governor; if he
approve, he shall sign it, but if not, he shall return it, with his objec-
tions, to that house in which it shall have originated, who shall enter
the objections at large upon the journal, and proceed to reconsider it.
If, after such reconsideration two-thirds of the members present shall
agree to pass the bill, it shall be sent, together with the objections, to
the other house, by which it shall likewise be reconsidered, and if
approved by two-thirds of the members present, it shall become a
law. But in all such cases the votes of both houses shall be deter-
mined by yeas and nays, and the names of the members voting for or
against the bill, shall be entered on the journal of each house respec-
tively. 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, unless the Legislature shall, by their
adjournment, prevent its return, in which case it shall not be a laAv.
* Article VI
ADMINISTRATIVE
Section 1. There shall be chosen by the qualified electors of the
State, at the times and places of choosing the members of the Legis-
lature, a Secretary of State, Treasurer and Attorney General, wdio
shall severally hold their offices for the term of two years.
Section 2. The Secretary of State shall keep a fair record of the
official acts of the Legislature and Executive department of the State,
and shall, when required, lay the same and all matters relative
thereto, before either branch of the Legislature. He shall be ex-
officio Auditor and shall perform such other duties as shall be as-
signed him by law. He shall receive as a compensation for his
services yearly, such sum as shall be provided by law, and shall keep
his office at the seat of government.
Section 8. The powers, duties and compensation of the Treasurer
and Attorney General shall be prescribed by law.
Section 4. Sheriffs, Coroners, Registers of Deeds and District
Attorneys shall be chosen by the electors of the respective counties,
once in every two years, and as often as vacancies shall happen;
Sheriffs shall hold no other office, and be ineligible for two years
next succeeding the termination of their offices. They may be re-
quired by laAv, to renew their security from time to time ; and in
default of giving such new^ security, their offices shall be deemed
vacant. But the county shall never be made responsible for the acts
of the Sheriff. The Governor may remove any officer in this section
mentioned, giving to such officer a copy of the charges against him,
and an opportunity of being heard in his defence,
7535— VOL 7—09 20
4086 Wisconsin— 1848
Article VII
JUDICIARY
Section 1. The court for the trial of impeachments shall be com-
posed of the Senate. The House of Eepresentatives shall have the
power of impeaching all civil officers of this State, for corrupt con-
duct in office, or for crimes and misdemeanors; but a majority of all
the members elected shall concur in an impeachment. On the trial
of an impeachment against the Governor, the Lieutenant-Cxovernor
shall not act as a member of the court. No judicial officer shall exer-
cise his office, after he shall have been impeached, until his acquittal.
Before the trial of an impeachment, the members of the court shall
take an oath or affirmation, truly and impartially to try the impeach-
ment according to evidence; and no person shall be convicted without
the concurrence of two-thirds of the members present. Judgment in
cases of impeachment shall not extend further than to removal from
office, or removal from office and disqualification to hold any office of
honor, profit or trust under the State: but the party impeached shall
be liable to indictment, trial and punishment according to law.
Section 2. The judicial power of this State, l)oth as to matters
of law and equity, shall be vested in a Supreme court. Circuit courts.
Courts of Probate, and in Justices of the Peace. The Legislature
may also vest such jurisdiction as shall be deemed • necessary in
municipal courts, and shall have power to establish inferior courts
in the scA'eral counties, with limited civil and criminal jurisdiction.
Provided, that the jurisdiction Avhich may be vested in municipal
courts, shall not exceed, in their resjiective municipalities, that of
circuit courts, in their respective circuits, as prescribed in this Con-
stitution : And that the Legislature shall provide as well for the
election of Judges of the Municipal courts, as of the Judges of in-
ferior courts, by the qualified electors of the respective jurisdictions.
The term of office of the judges of the said Municipal and inferior
courts shall not be longer than.that of the Judges of the circuit court.
Section 3. The Suj)reme court, except in cases otherwise provided
in this Constitution, shall have appellate jurisdiction only, Avhich
shall be co-extensive with the State; but in no case removed to the
Supreme Court shall a trial by jury be allowed. The Supreme Court
shall have a general superintending control over all inferior courts;
it shall have poAver to issue writs of habeas-corpus, mandamus, injunc-
tion, quo warranto, certiorari ; and other original and remedial writs,
and to hear and determine the same.
Section 4. P'or the term of five years, and thereafter until the
Legislature shall otherwise provide, the judges of the several circuit
courts, shall be judges of the Supreme court, four of whom shall
constitute a quorum, and the concurrence of a majority of the judges
present shall be necessary to a decision. Tlie Legislative shall liaA^e
power, if they should think it expedient and necessary, to provide by
law, for the organization of a separate Supreme court, with the
jurisdiction and powers prescribed in this Constitution, to consist
of one chief justice, and two associate justices, to be elected by the
qualified electors of the State, at such time and in such manner as
the Legislature may provide. The separate Supreme court when
Wisconsin— 1848 4087
so organized, shall not be changed or discontinued by the Leg^islatiire ;
the judges thereof shall be so classified that but one of th'em shall
go out of office at the same time ; and their term of office shall be the
same as is j^rovided for the judges of the circuit court. And when-
ever the Legislature may consider it necessary to establish a separate
Supreme court, they shall have power to reduce the number of cir-
cuit court judges to* four, and subdivide the judicial circuits, but no
such subdivision or reduction shall take etfect until after the expira-
tion of the term of some one of said judges, or till a vacancy occur
by some other means.
Section 6. The State shall be divided iuto five judicial circuits, to
be composed as follows : The first circuit shall comprise the counties
of Kacine, Walworth, Rock and Green; the second circuit, the coun-
ties of Milwaukee, Waukesha, Jefferson and Dane; the third circuit,
the counties of Washington, Dodge, Columbia, Marquette, Sauk and
Portage; the fourth circuit, the counties of Brown, Manitowoc, She-
boygan, Fond du Lac. Winnebago and Calumet ; and the fifth circuit
shall comprise the counties of Iowa, La Fayette, Grant, CraAvford and
St. Croix ; and the county of Richland shall be attached to Iowa, the
county of Chippewa to the county of Crawford, and the county of
La Pointe to the county of St. Croix for judicial purposes until
otherwise provided by the Legislature.
Section 6. The Legislature may alter the limits, or increase the
number of circuits, making them as compact and convenient as prac-
ticable, and bounding them by county lines; but no such alteration
or increase shall have the effect to remove a judge from office. In
case of an increase of circuits, the judge or judges shall be elected as
provided in this Constitution and receive a salary not less than that
herein provided for the judges of the circuit court.
Section 7. For each circuit there shall be a judge chosen by the
qualified electors therein, who shall hold his office as is provided in
this Constitution, and nntil his succesor shall be chosen and qualified ;
and after he shall have been elected, he shall reside in the circuit for
which he was elected. One of said judges shall be designated as chief
justice in such manner as the Legislature shall provide. And the
Legislature shall at its first session provide by law as well for the
election of, as for classifying the judges of the circuit court to be
elected under this Constitution, in such manner that one of said
judges shall go out of office in two years, one in three years, one in
four years, one in five years and one in six years, and thereafter the
judge elected to fill the office shall hold the same for six years.
Section 8. The circuit courts shall have original jurisdiction in
all matters civil^and criminal within this State, not excepted in this
Constitution, and not hereafter prohibited by law; and appellate
jurisdiction from all inferior courts and tribunals, and a supervisory
control over the same. They shall also have the power to issue writs
of habeas corpus, mandamus, injunction, quo warranto, certiorari,
and all other writs necessary to carry into effect their orders, judg-
ments and decrees, and give them a general control over inferior
courts and jurisdictions.
Section 0. When a vacancy shall happen in the office of judge of
the Supreme or circuit courts, such vacancy shall be filled by an
appointment of the Governor, which shall continue until a successor
4088 Wisco7isin—l 848
is elected and qufilified; and when elected such successor shall hold
his office* the i-esidue of the unexpired term. There shall be no elec-
tion for a judge or judges at any general election for State or county
officers, nor within thirty days either before, or after such election.
Section 10. Each of the judges of the Supreme and circuit courts
shall receive a salary, payable quarterl3^ of not less than one thou-
sand five hundred dollars annually; the}' shall receive no fees of
office, or other compensation than their salaries; they shall hold no
office of public trust, except a judicial office, during the term for
which they are respectively elected, and all votes for either of them
for any office, except a judicial office, given by the Legislature or
the people shall be void. No person shall be eligible to the office of
judge, who shall not, at the time of his election, be a citizen of the
United States, and have attained the age of twenty-five years, and
be a qualified elector within the jurisdiction for which he may be
chosen.
Section 11. The Supreme court shall hold at least one term, annu-
ally, at the seat of government of the State, at such time as shall be
provided by law. And the Legislature may provide for holding other
terms, and at other places when they may deem it necessary. A Cir-
cuit Court shall be held, at least twice in each 3'ear, in each county
of this State organized for judicial purposes. The judges of the
circuit court ma}^ hold courts for each other, and shall do so when
required by law.
Section lii. There shall be a clerk of the circuit court chosen in
each county organized for judicial purposes, by the qualified electors
thereof, who shall hold his office for two years, subject to removal,
as shall be provided by law. In case of a vacancy, the judge of the
circuit court shall have the power to appoint a clerk until the vacancy
shall be filled by an election. The clerk thus elected or appointed
shall give such securitv as the Legislature ma}^ require; and when
elected shall hold his office for a full term. The Suj^reme court shall
apjDoint its own clerk, and the clerk of a circuit court ma}^ be
appointed clerk of the Supreme court.
Section 13. Any judge of the Supreme or circuit court may be
removed from office, by address of both houses of the Legislature, if
two-thirds of all the members elected to each house concur therein,
but no removal shall be made by virtue of this section, unless the
judge complained of shall have been served with a copy of the
charges against him, as the ground of address, and shall have had an
opportunity of being heard in his defence. On the question of
removal, the ayes and noes shall be entered on the journals.
Section 14. There shall be chosen in each county,. by the qvuilified
electors thereof, a Judge of Probate, who shall hold his office for two
years, and until his successor shall be elected and qualified, and whose
jurisdiction, poAvers and duties shall be prescribed by law. Pro-
vided, however, that the Legislature shall have power to abolish the
office of Judge of Probate in any county, and to confer Probate
powers upon such inferior courts as may be established in said county.
Section 15. The electors of the several towns, at their annual toAvn
meeting, and the electors of cities and villages, at their charter elec-
tions, shall in such manner as the Legislature may direct, elect jus-
tices of the peace, whose term of office shall be for two years, and
Wisconsin— 1848 4089
until their successors in office shall be elected and qualified. In case
of an election to fill a vacancy, occurring before the expiration of a
full term, the justice elected shall hold for the residue of the unex-
pired term. Their number and classification shall be regulated by
law. And the tenure of two years shall in no wise interfere with the
classification in the first instance. The justices, thus elected, shall
have such civil and criminal jurisdiction as shall be prescribed
by law.
Section 10. The Legislature shall pass laws for the regulation of
tribunals of conciliation, defining their powers and duties. Such
tribunals may be established in and for any township, and shall have
jjower to render judgment to be obligatory on the parties, when they
shall voluntarily submit their matter in dift'erence to arbitration, and
agree to abide the judgment, of assent thereto in writing.
Section 17. The style of all writs and process shall be, " The State
of Wisconsin"; all criminal prosecutions shall be carried on in the
name and by the authority of the same; and all indictments shall
conclude against the peace and dignity of the State.
Section 18. The Legislature shall impose a tax on all civil suits
commenced, or prosecuted in the municipal, inferior, or circuit courts,
which shall constitute a fund to be applied toward the payment of
the salary of judges.
Section 19. The testimony in causes in equity shall be taken in like
manner as in cases at law, and the office of master in chancery is
hereby prohibited.
Section 20. Any suitor, in any court of this State, shall have the
I'ight to prosecute or defend his suit either in his own proper person,
or by an Attorney or agent of his choice.
Section 21. The Legislature shall provide by law for the speedy
publication of all statute laws, and of such judicial decisions, made
within the State, as may be deemed expedient. And no general law
shall be in force until published.
Section 22. The Legislature at its first session, after the adoption
of this Constitution, shall provide for the apj^ointment of three com-
missioners, Avhose dut}^ it shall be to inquire into, revise, and simplify
the rules of practice, pleadings, forms and proceedings, and arrange
a system, adapted to the courts of record of this State, and report
the same to the Legislature, subject to their modification and adop-
tion ; and such commission shall terminate upon the rendering cf the
report, unless otherwise provided by law.
Section 23. The Legislature may provide for the appointment of
one or more persons in each organized count}^ and may vest in such
persons such judicial powers as shall be prescribed by law. Pro-
vided, that said power shall not exceed that of a judge of a circuit
court at chambers.
Article VIII
finance
Section 1. The rule of taxation shall be uniform, and taxes shall
be levied upon such property as the Legislature shall prescribe.
Section 2. No money shall be paid out of the treasury, except in
pursuance of an appropriation by law.
4090 Wisconsin— 18 4S
Section 3. The credit of the State shall never be given, or loaned,
in aid of any individual, association, or corporation.
Section 4. The State shall never contract any public debt, except
in the cases and manner herein i)rovided.
Section 5. The Legislature shall provide for an annual tax suf-
ficient to defray the estimated expenses of the State for each year;
and whenever the expenses of any year shall exceed the income, the
ficient to defray the estimated expenses of the State for each year;
sufficient, Avith other sources of income, to pay the deficiency as well
as the estimated expenses of such ensuing year.
Section G. For the purpose of defraying extraordinary expendi-
tures, the State may contract public debts, (but such debts shall never
in the aggregate exceed one hundred thousand dollars.) Every such
debt shall be authorized by law, for some purpose or purposes to be
distinctly specified therein; and the vote of a majority of all the
members elected to each house, to be taken by yeas and nays, shall
be necessary to the passage of such law ; and every such law shall
provide for levying an annual tax sufficient to pay the annual
interest of such debt, and the principal within five years from the
passage of such law, and shall specially appropriate the proceeds
of such taxes to the payment of such principal and interest; and
such appropriations shall not be repealed, nor the taxes be postponed,
or diminished, until the principal and interest of such debt shall
have been wholly paid.
Section 7. The Legislature may also borrow money to re])el in-
vasion, suppress insurrection, or defend the State in time of war;
but the money thus raised shall be applied exclusively to the object
for which the loan was authorized, or to the repayment of the debt
thereby created.
Section 8. On the passage in either house of the Legislature, of
any law which imposes, continues or renews a tax, or creates a debt,
or charge, or makes, continues, or renews an appropriation of public,
or trust money, or releases, discharges, or commutes a claim, or de-
mand of the State, the question shall be taken by yeas and nays, which
shall be duly entered on the journal; and three-fifths of all the mem-
bers elected to such house shall, in all such cases be required to con-
stitute a quorum therein.
Section 9. Xo scrip, certificate, or other evidence of State debt,
whatsoever, shall be issued, excejit for such debts as are authorized
by the sixth and seventh sections of this Article.
Section 10. The State shall never contract any debt for works of
Internal Improvement, or be a party in carrying on such works, but
whenever grants of land or other property shall have been made to
the State, especially dedicated by the grant to particular works of
Internal Improvement, the State may carry on such particular works,
and shall devote thereto the avails of such grants, and may ))ledge
or appropriate the revenues derived from such works in aid of their
completion.
Article IX
eminent domain and propertv of the state
Section 1. The State shall have concurrent jurisdiction on all
rivers and lakes bordering on this State, so far as such rivers, or lakes
Wisconsin— 1 8 48 409 1
shall form a common boundary to the State, and any other State, or
Territory, now or hereafter to be formed, and bounded by the same:
And the river Mississippi and the navigable waters leading into the
Mississippi and St. Lawrence, and the carrying places between the
same shall be common highways and forever free, as well to the
inhabitants of the State, as to the citizens of the United States, with-
out any tax, impost or duty therefor.
Section 2. The title to all lands and other property which have
accrued to the Territory of Wisconsin by grant, gift, purchase, for-
feiture, escheat, or otherwise, shall vest in the State of Wisconsin.
Section 3. The people of the State, in their right of sovereignty,
are declared to possess the ultimate property, in and to all lands
Avithin the jurisdiction of the State; and all lands the title to wdiich
shall fail from a defect of heirs, shall revert or escheat to the people.
Article X
EDUCATION
Section 1. The supervision of public instruction shall be vested in
a State Superintendent, and such other officers as the Legislature
shall direct. The State Superintendent shall be chosen by the quali-
fied electors of the State, in such manner as the Legislature shall pro-
vide; his powers, duties and compensation shall be prescribed by
law, provided that his comj^ensation shall not exceed the sum of
twelve hundred dollars annually.
Section 2. The proceeds of all lands, that have been or hereafter
may be granted by the United States to this State for educational
purposes (except the lands heretofore granted for the purposes of a
University) and all moneys, and the clear proceeds of all property
that may accrue to the State by forfeiture or escheat, and all moneys
which may be paid as an equivalent for exemption from military
duty; and the clear proceeds of all fines collected, in the several
counties for any breach of the penal laws, and all moneys arising from
any grant to the State where the purposes of such grant are not
specified, and the five hundred thousand acres of land, to which the
State is entitled by the provisions of an act of Congress entitled "Aii
act to appropriate the proceeds of the sales of the public lands, and
to grant pre-emption rights," approved the fourth day of September,
one thousand eight hundred and forty-one; and also the five per-
centum of the net proceeds of the public lands to which the State
shall become entitled on her admission into the Union (if Congress
shall consent to such appropriation of the tw^o grants last men-
tioned) shall be set apart as a separate fund, to be called " The School
Fund," the interest of which and all other revenues derived from the
school lands, shall be exclusively applied to the follow^ing objects,
to wit:
First. To the support and maintenance of common schools, in each
school district, and the j)nrchase of suitable libraries and apparatus
therefor.
Second. The residue shall be appropriated to the support and
maintenance of Academies and Normal Schools, and suitable libraries
and apparatus therefor.
4092 Wisconsin— 1848
Section 3. The Legislature shall pro\dde by law for the establish-
ment of District Schools, which shall be as nearly uniform as prac-
ticable ; and such schools shall be free and without charge for tuition,
to all children between the ages of four and twenty years; and no
sectarian instruction shall be allowed therein.
Section 4. Each town and city shall be required to raise, by tax,
annually, for the support of common schools therein, a sum not less
than one half the amount received by such town or city respectively
for school purposes from the income of the school fund.
Section 5. Provision shall be made by law, for the distribution of
the income of the school fund among the several towns and cities of
the State, for the support of common schools therein, in some just
proportion to the number of children and youth resident therein,
between the ages of four and twenty years, and no appropriation
shall be made from the school fund to any city, or town, for the year
in which said city or town shall fail to raise such tax; nor to any
school district for the j^ear in which a school shall not be maintained
at least three months.
Section 6. Provision shall be made by law for the establishment
of a State University, at or near the seat of State government, and
for connecting Avith the same, from time to time, such colleges in
different parts of the State, as the interests of education may require.
The proceeds of all lands that have been, or may hereafter be granted
by the United States to the State for the support of a University,
shall be and remain a perpetual fund, to be called " The University
Fund," the interest of which shall be appropriated to the support of
the State University, and no sectarian instruction shall be allowed
in such Universit}^
Section 7. The Secretary of State, Treasurer and Attorney Gen-
eral, shall constitute a board of commissioners for the sale of the
School and University lands, and for the investment of the funds
arising therefrom. Any two of said commissioners shall be a quo-
rum for the transaction of all business pertaining to the duties of
their office.
Section 8. l*rovision shall be made by law for the sale of all
School and University lands, after they shall have been appraised;
and when any portion of such lands shall be sold and the purchase
money shall not be paid at the time of the sale, the commissioners
shall take securit}^ by mortgage upon the land sold for the sum
remaining unpaid, with seven per cent interest thereon, payable annu-
ally at the office of the Treasurer. The commissioners shall be au-
thorized to execute a good and sufficient conveyance to all purchasers
of such lands, and to discharge any mortgages taken as security,
when the sum due thereon shall have been paid. The commissioners
shall have power to withhold from sale any portion of such lands,
Avhen they shall deem it expedient, and shall invest all moneys arising
from the sale of such lands, as well as all other University and School
funds, in such manner as the Legislature shall provide, and shall
give such security for the faithful performance of their duties as
may be required by law.
Wisconsin— 1S4S 4093
Article XI
CORPORATIONS
Section 1. Corporations without banking powers or privileges may
be formed under general laws, but shall not be created by special act,
except for municipal j^urposes, and in cases where in the judgment of
the Legislature, the objects of the corporation cannot be attained
mider general laws. All general laws or special acts, enacted inider
the provisions of this section, may be altered or repealed by the Leg-
islature at an}^ time after their passage.
Section 2. No municipal corporation shall take private property
for public use, against the consent of the owner, without the necessity
thereof being first established by the verdict of a jury.
Section 3. It shall be the duty of the Legislature, and they are
hereby empowered, to provide for the organization of cities and incor-
porated villages, and to restrict their power of taxation, assessment,
borrowing money, contracting debts and loaning their credit, so as to
prevent abuses in assessments and taxation, and in contracting debts
by such municipal corporations.
Section 4. The Legislature shall not have power to create, author-
ize, or incorporate, by any general, or special law, any bank, or bank-
ing power or privilege, or any institution or corporation having any
banking power or privilege whatever, except as provided in this
article.
Section 5. The Legislature may submit to the voters, at any gen-
eral election, the question of " bank," or " no bank," and if at any
such election a number of votes equal to a majority of all the votes
east at such election on that subject shall be in favor of Banks, then
the Legislature shall have power to grant Bank charters, or to pass a
general banking law, with such restrictions and under such regula-
tions as they may deem expedient and proper for the security of the
bill holders. Provided, that no such grant or law shall have any
force or effect until the same shall have been submitted to a vote of
the electors of the State, at some general election, and been approved
by a majority of the votes cast on that subject at such election.
Article XII
amendments
Section 1. Any amendment, or amendments to this Constitution
may be proposed in either house of the Legislature, and if the same
shall be agreed to by a majority of the members elected to each of
the tAvo houses, such proposed amendment, or amendments, shall be
entered on their journals, with the yeas and nays taken thereon, and
referred to the Legislature to be chosen at the next general election ;
and shall be published for three months previous to the time of hold-
ing such election, and if, in the Legislature so next chosen, such pro-
posed amendment, or amendments, shall be agreed to by a majority
of all the members elected to each house, then it shall be the duty of
the liCgislature to submit such proposed amendment, or amendments,
to the people in such manner, and at such time, as the Legislature
4094 Wisconsin— 1848
shall prescribe; and if the people shall approve and ratify such
amendment, or amendments by a majority of the electors voting
thereon, such amendment, or amendments, shall become part of the
Constitution; provided, that if more than one amendment be sub-
mitted, they shall be submitted in such manner that the people may
vote for or against such amendments separately.
Section 2. If at any time a majority of the Senate and Assembly
shall deem it necessary to call a convention to revise or change the
Constitution, they shall recommend to the electors to vote for or
against a convention at the next election for members of the Legisla-
ture. And if it shall appear that a majority of the electors voting
thereon, having voted for a convention, the Legislature shall, at its
next session, provide for calling such convention.
Article XIII
MISCELLANEOUS PROVISIONS
Section 1. The political year for the State of Wisconsin shall
commence on the first Monday in January in each year, and the gen-
eral election shall be holden on the Tuesday succeeding the first
Monday in November in each year.
Seciton 2. Any inhabitant of this State who may hereafter be en-
gaged, either directly or indirectly in a duel, either as principal or
accessory, shall forever be disqualified as an elector, and from holding
any office under the Constitution and laws of this State, and may be
punished in such manner as shall be prescribed by law.
Section 3. No member of Congress, nor any person holding any
office of profit or trust under the United States (Postmasters ex-
cepted) or under any foreign power; no person convicted of any
infamous crime in any court within the United States ; and no person
being a defaulter to the United States, or to this State, or to any
county, or town therein, or to any State, or Territory within the
United States, shall be eligible to any office of trust, profit, or honor
in this State.
Section 4. It shall be the duty of the Legislature to provide a great
seal for the State, which 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.
Section 5. \\\ persons residing upon Indian lands, within any
county of the State, and qualified to exercise the right of suffrage
under this Constitution, shall be entitled to vote at the polls which
may be held nearest their residence, for State, United States or
County officers. Provided, that no person shall vote for county offi-
cers out of the county in which he resides.
Section 0. The elective officers of the Legislature, other than the
presiding officer shall be a chief clerk and a sergeant-at-arms, to be
elected by each house.
Section 7. No county with an area of nine hundred square miles,
or less, shall be divided, or have any part stricken therefrom, without
submitting the question to a vote of the people of the county, nor
unles a majority of the legal voters of the county, voting on the
question, shall vote for the same.
Wisconsin — 18 48 4095
Section 8, No comity seat shall be removed until the point to which
it is proposed to be removed shall be fixed by law, and a majority of
the voters of the county, voting on the question, shall have voted in
favor of its removal to such point.
Section 9. All county officers whose election, or appointment is not
provided for by this Constitution, shall be elected by the electors of
the respective counties, or appointed by the boards of supervisors, or
other county authorities, as the Legislature shall direct. All city,
town and village officers, whose election or appointment, is not pro-
vided for by this Constitution, shall be elected by the electors of such
cities, towns and villages, or some division thereof, or appointed by
such authorities thereof, as the Legislature shall designate for that
purpose. All other officers whose election or appointment is not
provided for by this Constitution, and all officers whose offices may
hereafter be created by law, shall be elected by the people, or
appointed, as the Legislature may direct.
Section 10. 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 tliis Con-
stitution.
Article XIV
SCHEDULE
Section 1. That no inconvenience may arise by reason of a change
from a Territorial to a permanent State government, it is declared,
that all rights, actions, prosecutions, judgments, claims and contracts,
as well of individuals, as of bodies corporate, shall continue as if no
such change had taken place; and all process which may be issued
under the authority of the Territory of Wisconsin previous to its
admission into the Union of the LTnited States, shall be as valid as if
issued in the name of the State.
Section 2. All laws now in force, in the Territory of Wisconsin,
wdiich are not repugnant to this Constitution, shall remain in force
until they expire by their own limitation, or be altered or repealed
by the Legislature.
Section 3. All fines, penalties, or forfeitures, accruing to the Ter-
ritory of Wisconsin, shall inure to the use of the State.
Section 4. All recognizances heretofore taken, or which may be
taken before the change from Territorial to a permanent State gov-
ernment, shall remain valid, and shall pass to, and may be prosecuted
in the name of the State ; and all bonds executed to the Governor
of the Territory, or to any other officer, or court, in his, or their
official capacity, shall pass to the Governor or State authority, and
their successors in office, for the uses therein respectively expressed,
and may be sued for and recovered accordingly ; and all the estate,
or property, real, personal, or mixed, and all judgments, bonds, spe-
cialties, choses in action, and claims or debts of whatsoever descrip-
tion, of the Territory of Wisconsin, shall inure to and vest in the
State of Wisconsin, and may be sued for and recovered, in the same
manner and to the same extent, by the State of Wisconsin, as the
same could have been by the Territory of Wisconsin. All criminal
prosecutions and penal actions which may have arisen, or which may
4096 Wisconsin— 18 4S
arise, before the change from a Territorial to a State government,
and which shall then be jjending, shall be prosecuted to judgment
and execution in the name of the State. All offences committed
against the laws of the Territory of Wisconsin, before the change
from a Territorial to a State government, and which shall not be
prosecuted before such change, may be prosecuted in the name and
by the authority of the State of Wisconsin, with like effect as though
such change had not taken place; and all penalties incurred, shall
remain the same as if this Constitution had not been adopted. All
actions at law and suits in equity, which ma}^ be pending in any of
the courts of the Territory of Wisconsin, at the time of the change
from a Territorial to a State government, may be continued and
transferred to any court of the State, which shall have jurisdiction
of the subject matter thereof.
Section 5. All officers, civil and military, now holding their offices
under the authority of the United States, or of the Territory of Wis-
consin, shall continue to hold and exercise their respective offices
until they shall be superseded by the authority of the State.
Section (5. The first session of the Legislature of the State of Wis-
consin shall connnence on the first Monday in June next, and shall
be held at the village of Madison, which shall be and remain the seat
of Government, until otherwise provided b}' law.
Section 7. All county, precinct and township officers shall con-
tinue to hold their respective offices, unless removed by the com-
petent authority, until the Legislature shall, in conformity with the
provisions of this Constitution, provide for the holding of elections
to fill such offices respectively.
Section 8. The president of this convention shall, immediately
after its adjournment, cause a fair copy of this Constitution, together
with a coi)y of the act of the Legislature of this Territory, entitled
"An act in relation to the formation of a State government in Wis-
consin, and to change the time of holding the annual session of the
Legislature,*' approved October 2Tth, 1847, providing for the calling
of this Convention, and also a copy of so much of the last census of
this Territory, as exhibits the number of its inhabitants, to be for-
warded to the President of the United States, to be laid before the
Congress of the United States, at its present session.
Section 0. This Constitution shall be submitted at an election to
be held on the second jNIonday in March next, for ratification or rejec-
tion, to all white male persons of the age of twenty-one years or
upwards, who shall then be residents of this Territory, and citizens of
the United States, or shall have declared their intention to become
such in conformity Avith the laws of Congress on the subject of
naturalization, and all persons having such qualifications shall be
entitled to vote for, or against the adoption of this Constitution, and
for all officers first elected under it. And if the Constitution be rati-
fied by the said electors, it shall become the Constitution of the State
of Wisconsin. On such of the ballots as are for the Constitution,
shall be written or printed the word " yes " and on such as are against
the Constitution, the word " no." The election shall be conducted in
the manner now prescribed by law, and the returns made by the
clerks of the boards of supervisors or county commissioners (as the
case may be) to the governor of the Territory, at any time before
the tenth day of April next. And in the event of the ratification of
Wisconsin— 1848 4097
this Constitution, by a majority of all the votes given, it shall be the
duty of the Governor of this Territory to make proclamation of the
same, and to transmit a digest of the returns to the Senate and As-
sembly of the State, on the first day of their session. An election
shall be held, for Governor, Lieutenant-Governor, Treasurer, Attor-
ney General, members of the State Legislature, and members of Con-
gress, on the second Monday of May next; and no other or further
notice of such election shall be required.
Section 10. Two members of Congress shall also be elected, on the
second Monday of May next; and until otherwise provided by law,
the counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth,
Rock and Green, shall constitute the first congressional district and
elect one member. And the counties of AVashington, Sheboygan,
Manitowoc, Calumet, Brown, Winnebago, Fond du Lac, Marquette,
Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant,
Richland, Crawford, Chippewa, St. Croix and La Pointe, shall con-
stitute the second congressional district, and shall elect one member.
Section 11. The several elections, provided for in this article shall
be conducted according to the existing laws of the Territory, provided
that no elector shall be entitled to vote except in the town, w^ard or
precinct wdiere he resides. The returns of election for Senators and
Members of Assembly, shall be transmitted to the clerk of the Board
of Supervisors, or County Commissioners, as the case may be ; and the
votes shall be canvassed, and certificates of election issued as now pro-
vided by law. In the first senatorial district, the returns of the elec-
tion for Senator shall be made to the proper officer in the county of
Brown; in the second senatorial district, to the proper officer in the
county of Columbia, in the third senatorial district, to the proper
officer in the county of Crawford; in the fourth senatorial district,
to the proper officer in the county of Fond du Lac ; and in the fifth
senatorial district, to the proper officer in the county of Iowa. The
returns of election for State officers and members of Congress, shall
be certified and transmitted to the Speaker of the Assembly, at the
seat of government, in the same manner as the vote for delegate to
Congress are required to be certified and returned by the laws of the
Territory of Wisconsin, to the Secretary of said Territory, and in
such time, that they may be received on the first Monday in June
next ; and as soon as the Legislature shall be organized, the Speaker
of the Assembly, and the President of the Senate shall, in the presence
of both houses, examine the returns, and declare who are duly elected
to fill the several offices hereinbefore mentioned ; and give to each of
the persons elected, a certificate of his election.
Section 12. Until there shall be a new apportionment, the Sen-
ators and Members of the Assembly, shall be apportioned among the
several districts, as hereinafter mentioned ; and each district shall be
entitled to elect one Senator, or member of the Assembly, as the case
may be."
Section 13. Such parts of the common law as are now^ in force in
the Territory of Wisconsin, not inconsistent with this Constitution,
shall be and continue part of the law of this State, until altered, or
suspended by the Legislature.
" Tlie legislative apportionment is omitted.
4098 Wisconsin— 1848
Section 14. The Senators first elected in the even-numbered Senate
districts, the Governor, Lieutenant-Governor, and other State officers
first elected under this Constitution, shall enter upon the duties of
their respective offices on the first Monday of June next, and shall
continue in office for one year from the first Monday of January next ;
the Senators first elected in the odd-numbered Senate districts, and
the members of the Assembly, first elected, shall enter upon their
duties respectively on the first Monday of June next, and shall con-
tinue in office until the first Monday in January next.
Section 15. The oath of office may be administered by any Judge
or Justice of the Peace, until the Legislature shall otherwise direct.
RESOLUTIONS
Kesolved. — That the Congress of the United \sic\ be and is hereby
requested, upon the application of Wisconsin for admission into the
Union, so to alter the provisions of an act of Congress entitled " an
act to grant a quantity of land to the Territory of Wisconsin, for the
purjjose of aiding in opening a canal to connect the waters of Lake
Michigan with those of Rock river,'' approved June eighteenth,
eighteen hundred and thirty eight, and so to alter the terms and con-
ditions of the grant made therein, that the odd-numberod sections
thereby granted and remaining unsold may be held and disposed of
by the State of Wisconsin as part of the five hundred thousand acres
of land to which said State is entitled by the provision* of an act of
Congress entitled '' an act to appropriate the proceeds of the sales of
the public lands, and to grant pre-emption rights," approved the
fourth day of September, eighteen hundred and forty one; and
further, that the even-numbered sections reserved by Congress, may
be offered for sale by the L^nited States for the same mhiimum price,
and subject to the same rights of pre-emption as other public lands
of the United States.
Resolved. — That Congress be further requested to pass an act
whereby the excess price over and above one dollar and twenty five
cents per acre, which may have been paid by the purchasers of said
even-numbered sections which shall have been sold by ihe United
States, be refunded to the present owners thereof, or they be allowed
to enter any of the public lands of the United States to an amount
equal in value to the excess so paid.
Resolved. — That in case the said odd-numbered sections shall be
ceded to the State as aforesaid, the same shall be sold by the State in
the same manner as other school lands, provided that the same rights
of pre-emption as are now granted by the laws of the United States,
shall be secured to persons who may be actually settled upon tuch
lands at the time of the adoption of this Constitution; and provided
further, that the excess price, over and above one dollar and twenty
five cents per acre, absolutely or conditionally contracted to be paid
by the purchasers of any part of said sections which shall have been
sold by the Territory of Wisconsin, shall be I'emitted to such pur-
chasers, their representatives or assigns.
Resolved. — That Congi-ess be requested, upon the application of
Wisconsin for admission into the Union, to pass an act whereby the
grant of five hundred thousand acres of land, to which the State of
Wisconsin~1848 4099
Wisconsin is entitled by the provisions of an Act of Congress entitled
" an act to appropriate the proceeds of the sales of the public lands,
and to grant pre-emption rights," approved the fourth day of Sep^
tember, eighteen hundred and forty-one, and also the five per-centum
of the net j^roceeds . . of the public lands lying within the State,
to which it shall become entitled on its admission into the Union, by
the i^rovisions of an Act of Congress entitled " an act to enable the
people of Wisconsin Territory to form a Constitution and State gov-
ernment, and for the admission of such State into the 'Union," ap-
proved the sixth day of August, eighteen hundred and forty six,
shall be granted to the State of Wisconsin for the. use of schools,
instead of the purposes mentioned in the said acts of Congress
respectively.
Resolved. — That the Congress of the United States be and hereby
is requested, upon the admission of this State into the Union, so to
alter the provisions of the Act of Congress entitled " an act to grant
a certain quantity of land to aid in the improvement of the Fox and
Wisconsin rivers, and to connect the same by a canal in the Territory
of Wisconsin," that the price of the lands reserved to the United
States, shall be reduced to the minimum price of the public lands.
Eesolved. — That the Legislature of this State shall make provision
by law for the sale of the lands granted to the State in aid of said
improvements, subject to the same rights of pre-emption to the set-
tlors thereon, as are now allowed by law to settlers on the public
lands.
Resolved. — That the foregoing resolutions be appended to, and
signed with the Constitution of Wisconsin, and submitted therewith
to the people of this Territory, and to the Congress of the United
States.
AMENDMENTS
Article I
[Section 8, as amended by a vote of the people at the General
Election, November 8, 1870.]
Section 8. 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 com-
pelled in any criminal case to be a witness against himself. All
persons shall before conviction be bailable by sufficient sureties,
except for capital offenses when the proof is evident or the pre-
sumption great ; and the privilege of the writ of habeas corpus
shall not be suspended unless when in case of rebellion or invasion
the public safety may require it.
Article III
[Section 1, as amended by a vote of the people at the General
Election, November 7, 1882.]
Section 1. Every male person of the age of twenty-one years or
upwards belonging to either of the following classes who shall have
resided within the State for one year next preceding any election,
and in the election district where he offers to vote, such time as may
4100 Wisconsin— 1848
be prescribed by the Legislature, not exceeding thirty days, shall be
deemed a qualified elector at such election.
. 1. Citizens of the United States.
2. Persons of foreign birth who have declared their intention to
become citizens conformably to the laws of the United States on the
subject of naturalization.
3. Persons of Indian blood who have once been declared by law of
congress to be citizens of the United States, any subsequent law of
congress to rtie contrary notwithstanding.
4. Civilized persons of Indian descent not members of any tribe;
provided, that the legislature may at any time extend by law the
right of suffrage to persons not herein enumerated ; but no such law
shall be in force until the same shall have been submitted to a vote of
the people at a general election and approved by a majority of all the
votes cast at such election ; and provided further, that in incorporated
cities and villages, the legislature may provide for the registration of
electors and prescribe proper rules and regulations therefor.
Article IV
[Sections 4, 5, 11, and 21, as amended by a vote of the people at
the General Election, November 8, 1881.]
Section 4. The members of the assembly shall be chosen biennially,
by single districts, on the Tuesday succeeding the first Monday of
November after the adoption of this amendment, by the qualified
electors of the several districts; such districts to be bounded by
county, precinct, town or ward lines, to consist of contiguous terri-
tory, and be in as compact form as practicable.
Section 5. The senators shall be elected by single districts of con-
venient contiguous territory, at the same time and in the same manner
as members of the assembly are required to be chosen, and no assem-
bly district shall be divided in the formation of a senate district.
The senate districts shall be numbered in the regular series, and the
senators shall be chosen alternately from the odd and even-numbered
districts. The Senators elected, or holding over at the time of the
adoption of this amendment, shall continue in office till their suc-
cessors are duly elected and qualified; and after the adoption of this
amendment, all senators shall be chosen for the term of four years.
Section 11. The legislature shall meet at the seat of government
at such time as shall be provided by law, once in two years and no
oftener. unless convened by the governor in special session, and when
so convened no business shall be transacted except as shall be neces-
sary to accomplish the special purposes for which it was convened.
Section 21. Each member of the legislature shall receive for his
services, for and during a regular session, the sum of five hundred
dollars, and ten cents for every mile he shall travel in going to and
returning from the place of meeting of the legislature on the most
usual route. In case of an extra session of the legislature, no addi-
tional compensation shall be allowed to any member thereof, either
directly or indirectly, except for mileage, to be computed at the same
rate as for a regular session. No stationery, newspapers, postage or
other perquisite, except the salary and mileage above provided, shall
Wisconsin— 1848 4101
be received from the state by any member of the legislature for his
services, or in any other manner as such member.
[Sections 31 and 32, as amended by a vote of the people at the
General Election, November T, 1871, and amendment to section 31,
adopted November 8, 1892.]
Section 31. The Legislature is prohibited from enacting any spe-
cial or private laws in the following cases: 1st. For changing the
name of persons or constituting one person the heir-at-law of another.
2d. For laying out, opening or altering highways except in cases of
State roads extending into more than one county, and military roads,
to aid in the construction of which lands may be granted by Congress.
3d. For authorizing persons to keep ferries across streams, at points
wholly within this state. 4th. For authorizing the sale or mortgage
of real or personal property of minors or others under disability.
5th. For locating or changing any county seat. 6th. For assessment
or collection ojf taxes or for extending the time for collection thereof.
7th. For granting corporate powers or privileges, except to cities.
8th. For authorizing the apportionment of any part of the school
fund. 9th. For incorporating any city, town or village, or to amend
the charter thereof.
Section 32. The legislature shall provide general laws for the
transaction of any business that may be prohibited by section thirty-
one of this article, and all such laws shall be uniform in their opera-
tion throughout the state.
Article V ,
[Sections 5 and 9, as amended by a vote of the people at the Gen-
eral Election, November 2, 1869.]
Section 5. The Governor shall receive, during his continuance
in office, an annual compensation of five thousand dollars which shall
be in full for all traveling or other expenses incident to his duties.
Section 9. The Lieutenant Governor shall receive, during his con-
tinuance in office, an annual compensation of one thousand dollars.
Article VI
[Section 4, as amended by a vote of the people at the General
Election, November 7, 1882.]
Section 4. Sheriffs, coroners, registers of deeds, district attorneys,
and all other county officers except judicial officers, shall be chosen
by the electors of the respective counties, once in every two years.
Sheriffs shall hold no other office, and be ineligible for two years
next succeeding the termination of their offices ; they may be required
by law to renew their security from time to time, and in default of
giving such new security their office shall be deemed vacant; but the
county shall never be made responsible for the acts of ^ the sheriff.
The Governor may remove any officer in this section mentioned, giv-
ing to such a copy of the charges against him and an opportunity of
being heard in his defense. All vacancies shall be filled by appoint-
ment ; and the person a]:)pointed to fill a vacancy shall hold only for
the unexpired portion of the term to which he shall be appointed and
until his successor shall be elected and qualified.
7535— VOL 7—09 21
4102 Wisconsin— 1848
Article VII
[Section 4, as amended by a vote of the people at the General
Election, Xovember 6, 1877.]
Section 4. The supreme. court shall consist of one chief justice and
four associate justices to be elected by the qualified electors of the
State. The Legislature shall, at its first session after the adoption
of this amendment, provide by law for the election of tAvo associate
justices of said court, to hold their offices for terms ending two and
four years respectively, after the end of the term of the justice of the
said court then last to expire. xVnd thereafter the chief justice and
associate justices of the said court shall be elected and hold their
offices respectively for the term of ten years.
[Section 4, as amended bv a vote of the people at an election held
April 2, 1889.]
Section 4. The chief justice and associate justices of the supreme
court shall be severally known as justices of said court with the same
terms of office, respectively, as now provided. The supreme court
shall consist of five justices (any three of whom shall be a quorum),
to be elected as how provided. The justice having been longest a
continuous member of the court (or in case of two or more of such
senior justices having served for the same length of time, then the one
whose commission first expires), shall be ex-officio the chief justice.
[Section 4, as amended bv a vote of the people at an election held
April 6, 1903.]
Section 4. The chief justice and associate justices of the supreme
court shall be severally known as the justices of said court, with the
same terms of office of ten years respectively as now provided. The
supreme court shall consist of seven justices, any four of whom shall
be a quorum, to be elected as now provided, not more than one each
year. The justice having been longest a continuous member of said
court, or in case two or more such senior justices shall have served
for the same length of time, then the one whose commission first
expires shall be ex-officio, the chief justice.
[Section 7, as amended by a vote of the people at an election, held
April 6, 1897.]
Section 7. For each circuit there shall be chosen by the qualified
electors thereof, one circuit judge, except that in any circuit composed
of one county only, which county shall contain a population according
to the last state or United States census, of one hundred thousand
inhabitants or over, the Legislature may, from time to time, author-
ize additional circuit judges to be chosen. Every circuit judge shall
reside in the circuit from which he is elected, and shall hold his
office for such term and receive such compensation as the Legislature
shall prescribe.
[Section 12, as amended by a vote of the people at the General Elec-
tion, November 7, 1882.]
Section 12. There shall be a clerk of the circuit court chosen in
each county organized for judicial purposes by the qualified electors
thereof, who shall hold his office for two years, subject to removal as
shall be provided by law; in case of a vacancy the judge of the cir-
cuit court shall have power to appoint a clerk until the vacancy shall
be filled by an election ; the clerk thus elected or appointed shall give
Wisconsin— 1848 4103
such security as the Legislature may require. The supreme court
shall appoint its own clerk; and a clerk of the circuit court may be
appointed a clerk of the supreme court.
Article VIII
[Section 2, as amended by a vote of the people at the General Elec-
tion, November 6, 1877.]
Section 2. No money shall be paid out of the treasury, except in
pursuance of an approriation by law. No appropriation shall be
made for the payment of any claim against the State, except claims
of the United States, and judgments, unless filed within six years
after the claim accrued.
Article X
[Section 1, as amended by vote of the people at the General Elec-
tion, November 4, 1902.]
Section 1. The supervision of public instruction shall bo vested
in a state superintendent and such other officers as the legislature
shall direct; and their qualifications, i)owers, duties and compensa-
tion shall be prescribed by law. The state superintendent shall be
chosen by the qualified electors of the state at the same time and in
the same manner as members of the supreme court, and shall hold
his office for four years from the succeeding hrst Monday in July.
The state superintendent chosen at the general election in November,
1902, shall hold and continue in his office until the first Monday in
July, 1905, and his successor shall be chosen at the time of the judicial
election in April, 1905. The term of office, time and manner of
electing or appointing all other officers of suj^ervision of public
instruction shall be fixed by law.
Article XI
[Section 3, as amended by a vote of the people at the General Elec-
tion, November 3, 1874.]
Section 3. It shall be the duty of the Legislature, and they are
hereby empowered, to provide for the roganization of cities and incor-
porated villages, and to restrict their power of taxation, assessment,
borrowing money, contracting debts, and loaning their credit, so as
to prevent abuses in assessments and taxation, and in contracting by
such municipal corporations. No county, city, town, village, school
district, or other municipal corporation, shall be allowed to become
indebted in any manner or for any purpose, to any amount, including
existing indebtedness, in the aggregate exceeding five per centum
on the value of the taxable property therein, to be ascertained by
the last assessment for state and county taxes, previous to the
incurring of such indebtedness. Any county, city, town, village,
school district, or other municipal corporation, incurring any indebt-
edness as aforesaid, shall, before or at the time of doing so, provide
for the collection of a direct annual tax sufficient to pay the interest
on said debt as it falls due, and also to pay and discharge the princi-
pal thereof within twenty years from the time of contracting the
same.
4104 Wisconsin — 18 48
[Sections 4 and 5, as amended by a vote of the people at a General
Election, November 4, 1902.]
Section 4. The legislature shall have power to enact a general
banking law for the creation of banks, and for the regulation and
supervision of the banking business, provided that the vote of two-
thirds of all the members elected to each house, to be taken by yeas
and nays, be in favor of the passage of such law.
Article XIII
[Section 1, as amended by a vote of the people at the General Elec-
tion, November T, 1882.]
Section 1. The political year for the State of AVisconsin shall com-
mence on the first Monday in January in each year, and the general
elections shall be holden on the Tuesday next succeeding the first
Monday in November. The first general election for all state and
county officers, except judicial officers, after the adoption of this
amendment, shall be holden in the year A. D. 1884, and thereafter
the general election shall be held biennially. All state, county or
other officers elected at the general election in the year 1881, and whose
term of office would otherwise expire on the first Monday of January
in the year 1884, shall hold and continue in such office respectively,
until the first Monday in January in the yinir 1885.
[Article XIII, as amended by addition of section 11, by a vote of
the people at the General Election, November 4, 1902.]
Section 11. No person, association, co-partnership, or corporation,
shall promise, offer, or give, for any purpose, to any political com-
mittee, or any member or employee thereof, to any candidate for,
or incumbent of any office or position under the constitution or laws,
or under any ordinance of any town or municipality, of this state,
or to any i)erson at the request or for the advantage of all or any
of them, any free pass or frank, or any privilege withheld from any
person, for the travelling accommodation or transportation of any
person or property, or the transmission of any message or communi-
cation.
No political committee, and no member or employee thereof, no
candidate for and no incumbent of any office or position under the
constitution or laws, or under any ordinance of any town or munici-
pality of this state, shall ask for, or accept, from any person, asso-
ciation, co-partnership, or corporation, or use, in any manner, or for
an}?^ purpose, any free pass or frank, or any privilege withheld from
any person, for the travelling accommodation or transportation of
any person or i^roperty, or the transmission of any message or com-
munication.
Any violation of any of the above provisions shall be bribery and
punished as provided by law, and if any officer or any member of the
legislature be guilty thereof, his office shall become vacant.
No person within the purview of this act shall be privileged from
testifying in relation to anything therein prohibited ; and no person
having so testified shall be liable to any prosecution or punishment
for any offense concerning which he Avas required to give his testi-
mony or produce any documentary evidence.
The railroad commissioner and his deputy in the discharge of duty
are excepted from the provisions of this amendment.
AVYOMING
For organic acts relating to the land now included within Wyoming see in
this work : —
Treaty Ceding Louisiana, 1803 (Louisiana, p. 1359).
District of Louisiana, 1804 (Louisiana, p. 13G4).
Territory of Louisiana, 1805 (Louisiana, p. 1373).
Territory of Missouri, 1812 (Missouri, p. 2139).
Convention with Great Britain, 1818 (Oregon, p. 2983).
Treating Ceding Florida and Fixing Boundaries, i819 (Florida, p. 040).
Convention with Russia, 1824 (Oregon, p. 2983).
Organic Acts of ^Mexico and Texas, 1824-1845 (Texas, pi). 3475-3547).
Act for Government of Indian Territory'. 1834 (Indian Territory, p. 1097).
Annexation of Texas, 1845 (Texas, p. 3544).
Treaty with Great Britain, 1846 (Oregon, p. 2985).
Treaty of Guadalupe Hidalgo, 1848 (California, p. 377).
Territory of Oregon, 1848 (Oregon, p. 2986).
Territory of Utah, 1850 (Utah, p. 3G87).
Territory of Washington, 1853 (Washington, p. 3963).
Territory of Nebraska. 18.54 (Kansas, p. 1161).
Territory of Idaho, 1863 (Idaho, p. 905).
Territory of Montana, 1864 (Montana, p. 2281).
A TEMPORARY GOVERNMENT FOR THE TERRITORY OF WYO-
MING—1868 «
[Fortieth Congress, Second Session]
An Act to provide a temporary Government for the Territory of Wyoming
Be it enacted hy the Senate and House of Representatioes of the
United States of America in Congress assembled^ That all that part
of the United States described as follows : Commencing at the inter-
section of the twenty-seventh meridian of longitude west from Wash-
tion with the forty-fifth degree of north latitude, and running thence
west to the thirty-fourth meridian of west longitude, thence south
to the forty-first degree of north latitude, thence east to the twenty-
seventh meridian of west longitude, and thence north to the place of
ffl For statutes of an organic nature relating to Wyoming subsequent to 1868
see an act to repeal certain acts of the territorial legislature, .July 1, 1870;
to repeal an act of territorial legislature apportioning the territory for election
purposes, February 21, 1871 ; to impower legislature to pass general laws for
the incorporation of certain companies, .June 10, 1872 ; to limit the duration of
legislative sessions and to fix the pay of members, January 2.3, 1873 ; to appor-
tion the representatives, March 3, 1873 ; to apportion for election purposes, June
20, 1874 ; to fix number of members and compensation of each house of legisla-
ture, June 19, 1878, June 27, 1879 ; to reapportion members of legislature, June
3, 1880 ; to limit legislature's power to pass special acts of incorporation. March
3, 1885 ; to legalize election and reapportion members of legislature, January 19,
1886: to prohibit various forms of special legislation, .July .30. 1886; to permit
the erection of counties, July 19, 1888 ; to fix time of meeting of legislature,
March 2, 1889.
4105
4106 Wyoming— 1868
beginning, be, and the same is hereby, organized into a temporary
government by the name of the Territory of Wyoming: Provided^
That nothing in this act shall be construed to impair the rights of
person or j^roperty now pertaining to the Indians in said Territory,
so long as such rights shall remain unextinguished by treaty between
the United States and such Indians: Provided, further^ That nothing
in this act contained shall be construed to inhibit the government of
the United States from dividing said Territory into two or more
Territories, in such manner and at such time as Congress shall deem
convenient and proi)er, or from attaching any portion thereof to any
other Territory or State.
Sec, 2. And he it further enacted^ That the executive power and
authority in and over said Terrritory of Wyoming shall be vested
in a governor, who shall hold his office for four years, and until his
successor shall be appointed and qualified, unless sooner removed by
the President of the United States with the advice and consent of the
Senate. The governor shall resi'de within said Territory, shall be
commander-in-chief of the militia thereof, shall perform the duties
and receive the emoluments of superintendent of Indian affairs, and
shall approve all Ittws passed l)y the legislative assembly before they
take effect, unless the same shall pass by a two-thirds vote as provided
in section six of this act; 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
knoAvn thereon: he shall commission all officers Avho shall be ap-
pointed to office under the laws of said Territory, and shall take
care that the laws be faithfully executed.
Sec. 3. .1/;^/ 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,
with the con?^nt of the Senate] he shall record and preserve all the
laws and the proceedings of the legislative assembly hereinafter con-
stituted, and all acts and proceedings of the governor in his executive
department ; he shall transmit one copy of the laws and one copy of
the executive proceedings on or before the first clay 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 Kepresentatives
and the President of the Senate for the use of Congress; and in
case of the death, removal, resignation, or other necessary absence
of the governor from the Territory, the secretary shall have, and he
is hereby authorized and required to execute and perform, all the
powers and duties of the governor during such vacancy or absence,
or until another governor shall be 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 legis-
lative assembly. The legislative assembly shall consist of a council
and a house of representatives. The council shall consist of nine
members, which may be increased to thirteen, having the qualifica-
tions of voters as hereinafter prescribed, whose term of service shall
continue tAvo years. The house of representatives shall consist of
thirteen members, which may be increased to tAventy-seven, possessing
the same qualifications as prescribed for members of the council, and
whose term of service shall continue one year. An appointment shall
Wyoming^l868 4107
be made by^the governor as nearly equal as practicable among the
several counties or districts for the election of the council and house
of representatives, giving to each section of the Territory representa-
tion in the ratio of their population, (excepting Indians not taxed,)
as nearly as may be, and the members of the council and house of
representatives shall reside in and be inhabitants of the districts for
which they may be elected, respectively. Previous to the first elec-
tion the governor shall cause a census or enumeration of the inhab-
itants of the several counties or districts of the Territory to be
taken, and 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 he shall at the same time declare the number of the mem-
bers of the council and house of representatives to which each of the
counties or districts shall be entitled under this act. The number of
13ersons authorized to be elected, having the highest number of votes
in each of said council districts for members of the council, shall be
declared by the governor duly elected to the council ; and the person
or persons authorized to be elected having the greatest number of
votes for the house of representatives equal to the number to which
each county or district shall be entitled, shall be declared by the gov-
ernor to be elected members of the house of representatives: Provided,
That in case of a tie between two or more persons voted for, the gov-
ernor shall order a new election, to supply the vacancy made by such
tie vote. And the persons thus elected to the legislative assembly shall
meet at such j^lace and on such day as the governor shall appoint;
but thereafter the time, place, and manner of holding and conducting
elections by the people, and the apportioning the representation in
the several counties or districts to the council and house of representa-
tives, according to the population, shall be prescribed by law, as well
as the day of the commencement of the regular sessions of the legis-
lative assembly: Providec/, That no one session shall exceed the term
of forty days, except the first, which may be extended to sixty days,
but no longer.
Sec. 5. A7id he it further enacted, That every male citizen of the
United States above the age of twenty-one years, and (including)
persons who shall have declared their intention to become citizens of
the United States, who shall have been a resident of the said Terri-
tory at the tiine of the passage of this act, shall be entitled to vote
at the first and all subsequent elections in the Territory, and shall be
eligible to hold any office in said Territory. And the legislative
assembly shall not at any time abridge the right of suffrage, or to
hold office, on account of the race, color, or previous condition of servi-
tude of any resident of the said Territory: Provided, That the right
of suffrage and of holding office shall be exercised only by citizens of
the United States, and those who shall have declared on oath before
a competent court of record their intention to become such, and shall
have taken an oath to support the Constitution and government of
the United States.
Sec. 6. And he it further enacted, (That) the legislative power of
the Territory shall extend to all rightful subjects of legislation con-
sistent with the Constitution of the United States and the provisions
of this act; but no law shall be passed interfering with the primar}''
disposal of the soil; no tax shall be imposed upon the property of
4108 Wyoming— 1868
the United States, nor shall the lands or other property of non-resi-
dents be taxed higher than the lands or other property of resi-
dents, nor shall any law be passed impairing the rights of private
property, nor shall any unequal discrimination be made in taxing
diiferent kinds of property, but all property subject to taxation shall
be taxed in proportion to its value. Every bill Avhich shall have
passed the council and the house of representatives of said Territory
shall, before it becomes a law, be presented to the governor of the
Territory. If he approve, he shall sign it; but if not, he shall
return it with his objections to the house in which it originated, who
shall enter the objections at large upon their journal and proceed to
reconsider it. If. after such reconsideration, two-thirds of that
house shall agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall be likewise recon-
sidered; and if approved by two-thirds of that house it shall become
a law. But in all such cases the votes of both houses shall be deter-
mined by yeas and nays, to be entered on the journal of each house
respectiveh^ If any bill shall not be returned by the governor
within five days (Sunday excepted) after it shall have been pre-
sented to him, the same shall be a law in like manner as if he had
signed it, unless the assembly, by adjournment, prevent its return,
in which case it shall not be a law.
Sec. 7. A7id he it fuiilier enacted, That all township, district, and
county officers, not herein otherAvise provided for, shall be appointed
or elected, as the case may be, in such manner as shall be provided by
the governor and legislative assembly of the Territory. The governor
shall nominate and by and with the consent of the council appoint
all officers not herein otherwise ])rovided for, and in the first instance
the governor alone may appoint all such officers, who shall hold their
offices until the end of the first session of the legislative assembly;
and he shall lay oif the necessary districts for members of the council
and house of representatives, and all other officers.
Sec. 8. And he it furtJier enacted, That no member of the legisla-
tive assembly shall hold or be appointed to any office which shall have
been created, or the salary or emoluments of which shall have been
increased Avhile he Avas a member, during the term for which he Avas
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 legislatiA'e assembly, or
shall hold any office under the goA^ernment of said Territor^^
Sec. 9. And he it furtlicr enacted, That the judicial poAver of said
Territory shall be A'ested in a supreme court, district courts, probate
-courts, and justices of the peace. The supreme court shall consist of
a chief justice and two associate justices, any tAvo of Avhom shall con-
stitute a quorum, and who shall hold a term at the seat of goA'Crnment
of said Territory annually, and they shall hold their offices for four
years, unless sooner removed b}^ the President Avith the consent of the
Senate of the United States. The said Territory shall be diAdded
into three judicial districts, and a district court shall be held in each
of said districts by one of the justices of the supreme court, at such
time and j^lace as may be prescribed by laAv; and said judges shall
after their apjDointments, resj)ectively, reside in the districts which
Wyoming— 1868 4109
shall be assigned them. The jurisdiction of the several courts herein
provided for, both appellate and original, and that of the probate
courts, and of the justices of the peace, shall be as limited by law :
Provided, That 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, respectivel}^,
shall joossess chancery as well as common law jurisdiction and author-
ity for redress of all wrongs committed against the Constitution or
laws of the United States or of the Territory affecting j^ersons or
property. Each district court, or the judge thereof, shall appoint its
clerk, who shall also be the register in chancery, and shall keep his
oiRce where the court may be held. AVrits of error, bills of excep-
tion, 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 laAv, but in no case removed to the supreme court
shall trial by jury be allowed in said court. The supreme court, or
the justices thereof, shall appoint its own clerks, and every court shall
hold his office at the pleasure of the court for which he shall have been
appointed. Writs of error and appeal from the final decision of said
supreme court shall be allowed and may be taken to the Supreme
Court of the United States, in the same manner and nnder 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 ascer-
tained by the oath or affirmation of either part}'', or other competent
witness, shall exceed one thousand dollars; and each of the said dis-
trict courts shall have and exercise the same jurisdiction in all cases
arising under the Constitution and laws of the United States, as is
vested in the circuit and district courts of the United States; and
the said supreme and district courts of said Territory, and the respec-
tive judges thereof, shall and may grant writs of habeas corpus in
all cases in Avhich the same are grantable by the judges of the United
States in the District of Columbia; and the first six days of every
term of said courts, or so much thereof as shall be necessary shall
be appropriated to the trial of causes arising under the said Consti-
tution and laws; and writs of error and appeals in all such cases
shall be made to the supreme court of said Territory, the same as in
other cases. The said clerk shall receive in all such cases the same
fees which the clerks of the district courts of Dakota Territory now
receive for similar services.
Sec. 10. And he it further enacted, That there shall be appointed
an attorney for said Territor3\ who shall continue in office for four
years, unless sconer removed by the President with the consent of
the Senate, and who shall receive the same fees and salary as is now
received by the attorney of the United States for the Territory of
Dacotah (Dakota). There shall also be a marshall for the Territory
appointed, who shall hold his office for four years, unless sooner
removed by the President with the consent of the Senate, and who
shall execute all processes issuing from the said courts wdien exercis-
ing their jurisdiction as circuit and district courts of the United
States ; he shall perform the duties, be subject to the same regulations
and penalties, and be entitled to the same fees as the marshal of the
4110 Wyoming— 1868
district court of the United States for the j^resent Territory of
Dakota, and shall, in addition, be paid two hundred dollars annually
as a compensation for extra services.
Sec. 11. And he it further enacted^ That the governor, secretary,
chief justice and associate 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 the said Territory duly
authorized to administer oaths and affirmations by the laws now in
force therein, or before the Chief Justice, or some associate justice of
the Supreme Court of the United States, to support the Constitution
of the United States, and faithfully to discharge the duties of their
respective offices, which said oaths when so taken shall be certified by
the person by whom the same shall have been taken; and such certifi-
cates shall be received and recorded by the secretary among the execu-
tive proceedings, and the chief justice, and associate justices, and all
other civil officers in said Territory, before they act as such, shall
take a like oath or affirmation before the said governor or secretary,
or some judge or justice of the peace of the Territory, who may be
duly commissioned and qualified, which said oath or affirmation shall
be certified and transmitted by the person taking the same to the
secretary to be recorded by him as aforesaid, and afterwards the like
oath or affirmation shall be taken, certified, and recorded in such man-
ner and form as may be prescribed by law. The governor shall re-
ceive an annual salary of two thousand dollars as governor, and one
thousand dollars as superintendent of Indian affairs; the chief justice
and the associate justices shall each receive an annual salary of
twenty-five hundred dollars, and the secretary shall receive an annual
salary of eighteen hundred dollars. The said salaries shall be pay-
able quarter-yearly at the treasury of the United States. The mem-
bers of the legislatiA'e assembly shall be entitled to receive four dollars
each per day during their attendance at the session thereof, and three
dollars for everj^ tAventy miles' travel in going to and returning from
the said sessions, estimating the distance by the nearest travelled
route. There shall be appropriated annually the sum of one thousand
dollars, to be expended by the governor, to defray the contingent ex-
penses of the Territory. There shall also be appropriated annually
a sufficient sum, to be expended by the secretary, and upon an estimate
to be made by the Secretar}^ 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 further enacted^ That the legislative assembly
of the Territory of Wyoming shall hold its first session at such time
and place in said Territory as the governor thereof shall appoint
and direct; and at said first session, or as soon thereafter as they shall
deem expedient, the governor and legislative assembly shall proceed
to locate and establish the seat of government for said Territory at
such i^lace as they may deem eligible; which place, however, shall
Wyoming — 1 890 4111
thereafter be subject to be changed by the said governor and legis-
lative assembly.
Sec. 13. And he it further enacted^ That a delegate to the House
of Representatives of the United States, to serve during each Con-
gress of the United States, may be elected by the voters qualified to
elect members of the legislative assembly, v^dio shall be entitled to
the same rights and privileges as are exercised and enjoyed by dele-
gates from the several other Territories of the United States in the
said House of Representatives. The first election shall be held at
such time and places, and be conducted in such manner, as the gov-
ernor shall appoint and direct; and at all subsequent elections the
time, i^lace, and manner of holding elections shall be prescribed by
law. The person having the greatest number of votes of the quali-
fied electors as hereinbefore provided, shall be declared by the gov-
ernor elected, and a certificate thereof shall be accordingly given.
Sec. 14. And he it further enacted^ That 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 public
schools in the State or States hereafter to be erected out of the same.
Sec. 15. And he it further enacted. That temporarily and until
othrwise provided by law the governor of said Territory may define
the judicial districts of said Territory, and assign the judges who
may be appointed for the said Territory to the several districts, and
also appoint the times and places for holding courts in the several
counties or subdivisions in each of said judicial districts by procla-
mation to be issued by him ; but the legislative assembly, at their first
or any subsequent session, may organize, alter, or modify such judicial
districts and assign the judges and alter the times and places of hold-
ing the courts as to them shall seem proper and convenient.
Sec. 16. And he it further enacted. That the Constitution and all
laws of the United States which are not locally inapplicable, shall
have the same force and effect within the said Territory of Wyoming
as elsewhere within the United States.
Sec. 17. And he it further enacted^ That this act shall take effect
from and after the time when the executive and judicial officers herein
provided for shall have been duly appointed and qualified : Provided^
That all general territorial laws of the Territory of Dakota in force
in any portion of said Territory of Wyoming at the time this act shall
take effect shall be and continue in force throughout the said Territory
until repealed by the legislative authority of said Territory, except
such laws as relate to the possession or occupation of mines or mining
Approved, July 25, 1868.
ACT FOR THE ADMISSION OF WYOMING— 1890
[Fifty-First Congress, First Session]
An act to provide for the aclniission of the State of Wyoming into the Union,
and for other purposes.
Whereas, the people of the Territory of Wyoming did, on the thir-
tieth day of September, eighteen hundred and eighty-nine, by a con-
vention of delegates called and assembled for that purpose, form
4112 Wyoming— 1890
for themselves a constitution, which constitution was ratified and
adopted by the j^eople of said Territory at the election held therefor
on the first Tuesday in Xovember, eighteen hundred and eighty-nine,
Avhich constitution is republican in form and is in conformity with
the Constitution of the United States; and
Whereas, said convention and the people of the said Territory have
asked the admission of said Territory into the Union of States on an
equal footing with the original States in all respects whatever; There-
fore,
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the State of
Wvoming is hereby declared to be a State of the United States of
America, and is hereby declared admitted into the Union on an equal
footing with the original States in all respects whatever; and that
the constitution which the people of Wvoming have formed for them-
selves be, and the same is hereby, accepted, ratified, and confirmed.
Sec. 2. That the said State shall consist of all the territory in-
cluded within the following boundaries, to wit: Commencing at the
intersection of the twenty-seventh meridian of longitude west from
AVashington with the forty-fifth degree of north latitude and run-
ning thence west to the thirty-fourth meridian of west longitude;
thence south to the forty-first degree of north latitude; thence east to
the twent3''-seventh meridian of west longitude, and thence north to
the place of. beginning: Provided, That nothing in this act contained
shall repeal or affect any act of Congress relating to the Yellowstone
National Park, or the reservation of the park as now defined, or as
may be hereafter defined or extended, or the ]:)ower of the United
States over it ; and nothing contained in this act shall interfere with
the right and ownership of the United States in said park and reser-
vation as it now is or may hereafter be defined or extended by law ;
but exclusive legislation, in all cases whatsoever, shall be exercised
by the United States, which shall have exclusive control and juris-
diction over the same; but nothing in this proviso contained shall
be construed to prevent the service within said park of civil and
criminal process lawfully issued by the authority of said State; and
the said State shall not be entitled to select indemnity school lands
for the sixteenth and thirty-sixth sections that may be in said park
reservation as the same is now defined or may be hereafter defined.
Sec. 8. That until the next general census, or until otherwise pro-
vided by law, said State shall be entitled to one Eepresentative in
the House of Representatives of the United States, and the election
of the Representative to the Fifty-first Congress and the Represent-
ative to the Fifty-second Congress shall take place at the time and
be conducted and certified in the same manner as is jjrovidecl in the
constitution of the State for the election of State, district, and other
officers.
Sec. 4. That sections numbered sixteen and thirty-six in every
township of said proposed State, and where such sections, or any
parts thereof, have been sold or otherwise disposed of by or under
the authority of any act of Congress, other lands equivalent thereto,
in legal subdivisions of not less than one quarter section, and as con-
tiguous as may be to the section in lieu of which the same is taken,
are hereby granted to said State for the support of common schools,
Wyoming— 1890 4113
such indemnity lands to be selected within said State in snch manner
as the legislature may provide, with the api^roval of the Secretary of
the Interior: Provided, That section six of the act of Congress of
August ninth, eighteen hundred and eighty-eight, entitled " An act
to authorize the leasing of the school and university lands in the
Territory of Wyoming, and for other purposes," shall apply to the
school and university indemnity lands of the said State of Wyoming
so far as applicable.
Sec. 5. That all lands herein granted for educational purposes
shall be disposed of only at public sale, the proceeds to constitute a
permanent school fund, the interest of which only shall be expended
in the support of said schools. But said lands may, under such regu-
lations as the legislature shall prescribe, be leased for periods of not
more than five years, in quantities not exceeding one section to any
one person or comijany; and such land shall not be subject to pre-
emption, homestead entry, or any other entry under the land laws
of the United States, Avhether surveyed or unsurveyed, but shall be
reserved for school purposes only.
Sec. 6. That fifty sections of the miappropriated public lands
within said State, to be selected and located in legal subdivisions as
provided in section four of this act, shall be, and are hereby, granted
to said State for the purpose of erecting public buildings at: the capi-
tal of said State.
Sec. 7. That five per centum of the proceeds of the sales of public
lands lying within said State which shall be sold by the United
States subsequent to the admission of said State into the Union, after
deducting all the expenses incident to the same, shall be paid to the
said State, to be used as a permanent fund, the interest of which only
shall be expended for the support of the common schools within said
State.
Sec. 8. That the lands granted to the Territory of Wyoming by
the act of Februarj^ eighteenth, eighteen hundred and eighty-one,
entitled "An act to grant lands to Dakota, Montana, Arizona, Idaho,
and Wyoming for university purposes," are hereby vested in the
State of Wyoming, to the extent of the full quantity of seventy-two
sections to said State, and any portion of said lands that may not
have been selected by said Territory of Wyoming may be selected
by the said State; but said act of February eighteenth, eighteen
hundred and eighty-one, shall be so amended as to provide that none
of said lands shall be sold for less than ten dollars per acre, and the
proceeds shall constitute a permanent fund to be safely invested and
held by said State and the income thereof be used exclusively for
university purposes. The schools, colleges, and universities pro-
vided for in this act shall forever remain under the exclusive control
of the said State, and no part of the proceeds arising from the sale
or disposal of any lands herein granted for educational purposes
shall be used for the support of any sectarian or denominational
school, college, or university. The section of land granted by the
act of May twenty-eighth, eighteen hundred and eighty-eight, to
the Territory of Wyoming for a fish hatchery and other public pur-
poses shall, upon the admission of said State of Wyoming into the
Union, become the property of said State.
4114 Wyoming — 1 890
Sec. 9. That the penitentiary at Laramie Q'lty^ W3^oming, and all
lands connected therewith and set apart and reserved therefor, and
the personal property of the United States now being in the Terri-
tory of Wyoming and which has been in use in the said Territory in
the administration of the Territorial government, including books
and records, and the property used at the Constitutional Convention
which convened at Cheyenne, in the month of September, eighteen
hundred and eighty-nine, are hereby granted and donated, and unex-
pended approi^riations of money therefor, are hereby granted and
donated to the State of Wyoming.
Sec. 10. That ninet}' thousand acres of land, to be selected and
located as provided in section four of this act. are hereby granted to
said State for the use and support of an agriculture college in said
State as provided in the acts of Congress making donations of lands
for such purpose.
Sec. 11. That in lieu of the grant of land for purposes of internal
improvement made to new States by the eighth section of the act of
September fourth, eighteen hundred and forty-one, which section is
hereby repealed as to the State of AA'yoming, and in lieu of any claim
or demand by the said State under the act of September twenty-
eighth, eighteen hundred and fifty, and section twenty-four hundred
and seventy-nine of the Revised Statutes, making a grant of swamp
and overflowed lands to certain States. Avhich grant it is hereby
declared is not extended to the State of "Wyoming, and in lieu of any
grant of saline lands to said State, the following grants of land are
hereby made, to wit :
To the State of Wyoming: For the establishment and maintenance
and support in the said State of the insane asylum in Uinta County,
thirty thousand acres; for the joenal, reform, or educational institu-
tion in course of construction in Carbon County, thirty thousand
acres; for the penitentiary in Albany County, thirty thousand acres;
for the fish-hatchery in Albany County, five thousand acres; for the
deaf, dumb, and blind asylum in Laramie County, thirty thousand
acres; for the poor farm in Fremont County, ten thousand acres; for
a hospital for miners Avho shall become disabled or incapacitated to
labor while working in the mines of tlie State, thirty thousand acres;
for public buildings at the capital of the State, in addition to those
hereinbefore granted for that purpose, seventy-five thousand acres;
for State charitable, educational, penal, and reformatory institutions,
two hundred and sixty thousand acres, making a total of five hun-
dred thousand acres: Prorided^ That none of the lands granted hy
this act shall be sold for less than ten dollars per acre.
Sec. 12. That the State of Wyoming shall not be entitled to any
further or other grants of land for any purpose than as expressly
provided in this act ; and the lands granted by this section shall be
held, appropriated, and disposed of exclusively for the purposes
herein mentioned, in such manner as the legislature of the State may
provide.
Sec. 13. That all mineral lands shall be exempted from the grants
made by this act. But if sections sixteen and thirty-six, or any sub-
division or portion of any smallest subdivision thereof in any town-
ship, shall be found by the Department of the Interior to be mineral
lands, said State is hereby authorized and empowered to select, in
Wyoming — / 890 4115
legal subdivisions, an equal quantity of other unappropriated lands
in said State in lieu thereof, for the use and the benefit of the com-
mon schools of said State.
Sec. 14. That all lands granted in quantity or as indemnity by
this act shall be selected, under the direction of the Secretary of the
Interior, from the surveyed, unreserved and unappropriated public
lands of the United States within the limits of the State entitled
thereto. And there shall be deducted from the number of acre's of
land donated by this act for specific objects to said State the number
of acres heretofore donated by Congress to said Territory for similar
objects.
Sec. 15. That the sum of thirty thousand dollars, or so much
thereof as may be necessary, is hereby appropriated, out of any
money in the Treasury not otherwise appropriated, to said Territory
for defraying the expenses of the said convention and for the payment
of the members thereof, under the same rules and regulations and at
the same rates as are now provided by law for the payment of the
Territorial legislatures, and for the elections held therefor and there-
under. Any money hereby appropriated not necessary for such
purpose shall be covered into the Treasury of the United States.
Sec. K). I'hat the said State, when admitted as aforesaid, shall
constitute a judicial district, the name thereof to be the same as the
name of the State ; and the circuit and district courts therefor shall
be held at the capital of the State for the time being, and the said
district shall, for judicial purposes, until otherwise provided, be
attached to the eighth judicial circuit. There shall be appointed for
said district one district judge, one United States attorney, and one
United States marshal. The judge of said district shall receive a
yearly salary of three thousand five hundred dollars, payable in four
equal, installments, on the first days of Januar}^, April, July, and
October of each year and shall reside in the district.
There shall be appointed clerks of said courts in the said district,
who shall keep their offices at the capital of said State. The regular
terms of said courts shall be held in said district at the place afore-
said on the first Monday in April and the first Monday in November
of each year, and only one grand jury and one petit jury shall be
summoned in both said circuit and district courts. The circuit and
district courts for said district, and the judges thereof, respectively
shall possess the same powers and jurisdiction, and perform the same
duties required to be performed b}'^ the other circuit and district
courts and judges of the United States, and shall be governed by the
same law^s and regulations. The marshal, district attorney, and
clerks of the circuit and district courts of said district and all other
officers and persons performing duties in the administration of jus-
tice therein shall severally possess the powers and perform the duties
lawfully possessed and required to be performed by similar officers
in other districts of the United States; and shall, for the services
they may perform, receive the fees and compensation allowed by law
to other similar officers and persons performing similar duties in
the State of Oregon.
Sec. 17. That all cases of appeal or writ of error heretofore prose-
cuted and noAv pending in the Supreme Court of the United States
upon any record from the supreme court of said Territory, or that
4116 Wyoming— 1890
may hereafter lawfully be prosecuted upon any record from said
courts, may be heard and determined by said Supreme Court of the
United States. And the mandate of execution or of further pro-
ceedings shall be directed by the Supreme Court of the United States
to the circuit or district court hereby established within the said State
from or to the supreme court of such State, as the nature of the case
may require. And the circuit, district, and State courts herein
named shall, respectively, be the successor of the supreme court of
the Territory, as to all such cases arising within the limits embraced
within the jurisdiction of such courts, respectively, with full power
to proceed with the same, and award mesne or final process therein;
and that from all judgments and decrees of the supreme court of the
Territory mentioned in this act, in any case arising within the limits
of the proposed State prior to admission, the parties to such judgment
shall have the same right to prosecute appeals and writs of error to
the Supreme Court of the United States as thy shall have had by
law prior to the admission of said State into the Union.
Sec. 18. That in respect to all cases, proceedings, and matters now
pending in the supreme or district courts of the said Territory at the
time of the aduiission into the Union of the State of Wyoming and
arising within tlie limits of such State, whereof the circuit or district
court by this act established might have had jurisdiction under the
laws of the United States had sufh courts existed at the time of com-
mencement of such cases, the said circuit and district court, respec-
tively, shall be the successors of said supreme and district courts of
said Territory; and in respect to all other cases, proceedings, and
matters pending in the supreme or district courts of the said Terri-
tory at the time of the admission of such Territory into the Union,
arising within the limits of said State, the courts established by such
State shall, respectively, be the successors of said supreme and dis-
trict Territorial courts; and all the files, records, indictments, and
proceedings relating to any such cases shall be transferred to such
circuit, district, and State courts, respective!}^, and the same shall
be proceeded with therein in due course of law ; but no writ, action,
indictment, cause, or proceeding now pending, or that prior to the
admission of the State shall be ])ending, in any Territorial court in
said Territory shall abate by the admission of such State into the
Union, but the same shall be transferred and proceeded with in the
proper United States circuit, district, or State court, as the case may
be: Prorided., however, That in all civil actions, causes, and proceed-
ings in which the United States is not a party, transfers shall not be
made to the circuit and district court of the United States except
upon written request of one of the parties to such action or pro-
ceeding filed in the proper court ; and in the absence of such request
such cases shall be proceeded with in the proper State courts.
Sec. 19. That the legislature of the said State may elect two Sena-
tors of the United States as is provided by the constitution of said
State, and the Senators and Representatives of said State shall be
entitled to be admitted to seats in Congress and to all the rights and
privileges of Senators and Eepresentatives of other States in the
Congress of the United States.
Sec. 20. That until the State officers are elected and qualified under
the provisions of the constitution of said State, the officers of the
Wyoming— 1889- 4117
Territory of -Wyoming shall discharge the duties of their respective
offices under the constitution of the State, in the manner and form
as therein provided.
Sec. 21. That from and after the admision of said State into the
Union, in pursuance of this act, the laws of the United States, not
locally inapplicable, shall have the same force and effect within the
said State as elsewhere within the United States; and all laws in
force made by said Territory, at the time of its admission into the
Union, until amended or repealed, shall be in force in said State,
except as modified or changed by this act or by the constitution of
the State, and all acts or parts of acts in conflict with the provisions
of this act, whether passed by a legislature of said Territory or by
Congress, are hereby repealed.
Approved, July 10, 1890.
CONSTITUTION OF THE STATE OF WYOMING— 1889 *
PREAMBLE
We, the People of the State of Wyoming, grateful to God for our
civil, political and religious liberties, and desiring to secure them to
ourselves and perpetuate them to our posterity, do ordain and estab-
lish this Constitution.
Article No. I
DECLARATION OF RIGHTS
Section 1. All power is inherent in the people, and all free gov-
ernments are founded on their authority, and instituted for their
peace, safety and happiness ; for the advancements of these ends they
have at all times an inalienable and indefeasible right to alter, reform
or abolish the government in such manner as they may think proper.
Sec. 2. In their inherent right to life, liberty and the pursuit of
happiness, all members of the human race are equal.
Sec. 3. Since equality in the enjojnnent of natural and civil rights
is only made sure through political equality, the laws of this State
affecting the political rights and privileges of its citizens shall be
without distinction of race, color, sex, or any circumstance or condi-
tion wdiatsoever other than individual incompetency or unworthiness,
duly ascertained by a court of competent jurisdiction.
Sec. 4. 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 ujDon probable cause,
supported by affidavit, particularly describing the j)lace to be searched
or the person or thing to be seized.
Sec. 5. No person shall be imprisoned for debt except in cases of
fraud.
Sec. 6. No person shall be deprived of life, liberty or property
without due process of law.
* Verified from " Journal and Debates of the Constitutional Convention of the
State of Wyoming, Cheyenne, Wyo. : 1893." And from official edition of the
Constitution received from the Secretary of State. [Editor.]
7535— VOL 7—09 22
4118 Wyoming— 1889
Sec. T. Absolute, arbitrary power over the lives, liberty and prop-
erty of freemen exists nowhere in a republic, not even in the largest
majority.
Sec. 8. All courts shall be open and every person for an injury
done to j)erson, reputation or property shall have justice administered
without sale, denial or delay. Suits may be brought against the State
in such manner and in such courts as the legislature may by law
direct.
Sec. 9. The right of trial by jury shall remain inviolate in crimi-
nal cases, but a jur}^ in civil cases in all courts, or in criminal cases
in courts not of record, may consist of less than twelve men, as may
be prescribed by law. Hereafter a grand jury may consist of twelve
men, any nine of whom concurring may find an indictment, but the
legislature may change, regulate or abolish the grand jury sj^stem.
Sec. 10. In all criminal prosecutions the accused shall have the
right to defend in person and by counsel, to demand the nature and
cause of the accusation, to have a copy thereof, to be confronted with
the witnesses against him, to have compulsory process served for
obtaining witnesses and to a speedy trial by an imjiartial jury of the
county or district in which the offense is alleged to have been com-
mitted.
Sec. 11. Xo person shall be compelled to testify against himself in
any criminal case, nor shall any person be twice put in jeopardy for
the same offence. If the jury disagree, or if the judgment be ar-
rested after a verdict, or if the judgment be reversed for error in law,
the accused shall not be deemed to have been in jeopardy.
Sec. 12. Xo person shall be detained as a witness in any criminal
prosecution longer than may be necessary to take his testimony or
deposition, nor be confined in any room where criminals are impris-
oned.
Sec. 13. Until otherwise j^rovided by law, no person shall, for a
felony, be proceeded against criminally, otherwise than by indict-
ment, 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.
Sec. 14. All i:)ersons shall be bailable by suiRcient sureties, except
for capital offences when the proof is evident or the presumption
great. Excessive bail shall not be required, nor excessive fines im-
posed, nor shall cruel or unusual punishment be inflicted.
Sec. 15. The penal code shall be framed on the humane j^rinciples
of reformation and prevention.
Sec. 1G. Xo person arrested and confined in jail shall be treated
with unnecessary rigor. The erection of safe and comfortable pris-
ons, and inspection of prisons, and the humane treatment of prison-
ers shall be provided for.
Sec. 17. The privilege of the writ of habeas corpus shall not be
suspended unless, when in case of rebellion or invasion, the public
safety may require it.
Sec. 18. The free exercise and enjoyment of religious j^rofession
and worship without discrimination or preference shall be forever
guaranteed in this State, and no person shall be rendered incompetent
to hold any office of trust or profit, or to serve as a witness or juroi',
because of his opinion on any matter of religious belief whatever ; but
the liberty of conscience hereby secured shall not be so construed as to
Wyoming— 1889 4119
excuse acts of licentiousness or justify practices inconsistent with the
peace or safety of the State.
Sec. 19. No money of the State shall ever be given or appropriated
to any sectarian or religious society or institution.
Sec. 20. Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that right; and in all
trials for libel, both civil and criminal, the truth, when published
with good intent and justifiable ends, shall be a sufficient defense, the
jury having the right to determine the facts and the law, under
direction of the court.
Sec. 21. The right of petition, and of the people peaceably to as-
semble to consult for the common good, and to make known their
oj)inions, shall never be denied or abridged.
Sec. 22. The rights of labor shall have just protection through laws
calculated to secure to the laborer proper rewards for his service and
to promote the industrial welfare of the State.
Sec. 23. The right of citizens to opportunities for education should
have practical recognition. The Legislature shall suitably encourage
means and agencies calculated to advance the sciences and liberal arts.
Sec. 24. The right of citizens to bear arms in defense of themselves
and of the State shall not be denied.
_ Sec. 25. The military shall ever be in strict subordination to the
civil power. No soldier in time of peace shall be quartered in any
house without consent of the owner, nor in time of war except in the
manner prescribed by law.
Sec. 26. Treason against the State shall consist only in levying war
against it, or in adhering to its enemies, or in giving theni 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; nor shall any person be attainted of treason by the legislature.
Sec. 27. Elections shall be open, free and equal, and no power, civil
or military, shall at any time interfere to prevent an untrammelled
exercise of the right of suffrage.
Sec. 28. No tax shall be imposed without the consent of the people
or their authorized representatives. All taxation shall be equal and
uniform.
Sec. 29. No distinction shall ever be made by law between resident
aliens and citizens as to the possession, taxation, enjoyment and
descent of property.
Sec. 30. Perpetuities and monopolies are contrary to the genius
of a free state and shall not be allowed. Corporations being creatures
of the state, endowed for the public good with a portion of its sov-
ereign powers, must be subject to its control.
Sec. 31. Water being essential to industrial prosperity, of limited
amount, and easy of diversion from its natural channels, its control
must be in the State, which, in providing for its use, shall equally
guard all the varied interests involved.
Sec. 32. Private property shall not be taken for private use unless
by consent of the owner, except for private ways of necessity, and for
reservoirs, drains, flumes, or ditches on or across the lands of others
for agricultural, mining, milling, domestic or sanitary purposes, nor
in any case without due compensation.
Sec. 33. Private property shall not be taken or damaged for public
or private use without just compensation.
4120 Wyoming— 1 889
Sec. 34. All laws of a general nature shall have a uniform opera-
tion.
Sec. 35. No ex post facto law, nor any law impairing the obligation
of contracts, shall ever be made.
Sec. 36. The enumeration of this Constitution of certain rights
shall not be construed to deny, impair, or disparage others retained
by the people.
Sec 37. The State of Wyoming is an inseparable part of the Fed-
eral Union and the Constitution of the United States is the supreme
law of land.
Article No. II
BOUNDARIES "
Section 1. The boundaries of the state of Wyoming shall be as
follows: Commencing at the intersection of the twenty-seventh me-
ridian of longitude west from Washington with the forty-fifth degi'ee
of north latitude, and running thence Avest to the thirty-fourth
meridian of west longitude, thence south to the forty-first degree of
north latitude, thence east to the twenty-seventh meridian of west
longitude, and thence north to place of beginning.
DISTRIBUTION OF POWERS
Section 1. The powers of the government of this State are divided
into three distinct departments: The legislative, executive and judi-
cial, and no j^erson or collection of persons charged with the exercise
of powers properly belonging to one of these departments shall exer-
cise an}^ poAvers i)roperly belonging to either of the others, except as
in this constitution expressly directed or permitted.
Article No. Ill
LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in a senate and
house of representatives which shall be designated " The Legislature
of the State of Wyoming."
Sec. 2. Senators shall be elected for the term of four (4) years
and representatives for the term of two (2) years. The senators
elected at the first election shall be divided by lot into two classes as
nearly equal as may be. The seats of senators of the first class shall
be vacated at the expiration of the first two years, and of the second
class at the expiration of four years. No person shall be a senator
who has not attained the age of twenty-five years, or a representative
who has not attained the age of twenty-one years, and who is not a
citizen of the United States and of this State and Avho has not, for
at least twelve months next preceding his election resided within the
county or district in which he was elected.
Sec 3. Each county shall constitute a senatorial and representative
district; the senate and house of representatives shall be composed
of members elected by the legal voters of the counties respectively.
"Transferred from Article XI.
Wyoming— 1889 4121
every two (2) years. They shall be apportioned among the said
counties as nearly as may be according to the number of their inhab-
itants. Each country shall have at least one senator and one repre-
sentative; but at no time shall the number of members of the house
of representatives be less than twice nor greater than three times the
number of members of the senate. The senate and house of repre-
sentatives first elected in pursuance of this constitution shall consist
of sixteen and thirty-three members respectively.
Sec. 4. When vacancies occur in either house by death, resigna-
tion or otherwise, such vacancy shall be filled for the remainder of
the term by special election, to be called in such manner as may be
prescribed by law.
Sec. 5. Members of the senate and house of representatives shall
be elected on the day provided by law for the general election of a
member of congress, and their term of office shall begin on the first
Monday of January thereafter.
Sec. G. Each member of the first legislature, as a compensation for
his services, shall receive five dollars for each day's attendance, and
fifteen cents for each mile traveled in going to and returning from
the seat of government to his residence by the usual traveled route,
and shall receive no other compensation, perquisite or allowance
whatever. No session of the legislature after the first, which may
be sixty days, shall exceed forty days. After the first session the com-
pensation of the members of the legislature shall be as provided by
law ; but no legislature shall fix its own compensation.
Sec. 7. The legislature shall meet at the seat of government at
twelve o'clock, noon, on the second Tuesday of January, next suc-
ceeding the general election provided by law, and at twelve o'clock,
noon, on the second Tuesday of January of each alternate year there-
after, and at other times when convened by the governor.
Sec. 8. No senator or representative shall, during the term for
which he was elected, be appointed to any civil office under the State,
and no member of congress or other person holding an office (except
that of notary public or an office in the militia) under the United
States or this State, shall be a member of either house during his
continuance in office.
Sec. 9. No member of either house shall, during the term for which
he was elected, receive any increase of salary or mileage under any
law passed during such term.
Sec. 10. The senate shall, at the beginning and close of each regu-
lar session and at such other times as may be necessarj^ elect one of
its members president, the house of representatives shall elect one of
its members speaker, each house shall choose its other officers, and
shall judge of the election returns and qualifications of its members.
Sec. 11. 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. 12. Each house shall have power to determine the rules of its
proceedings, and punish its members or other persons for contempt
or disorderly behavior in its presence ; to protect its members against
violence or offers of bribes or private solicitation, and with the con-
currence of two-thirds, to expel a member, and shall have all other
powers necessary to the legislature of a free state. A member expelled
4122 Wyoming— 1889
for corruption shall not thereafter be eligible to either house of the
legislature; and punishment for contempt or disorderly behavior shall
not bar a criminal prosecution for the same offense.
Sec, 13. Each house shall keep a journal of its proceedings and
may, in its discretion, from time to time, publish the same, except such
parts as require secrecy, and the j'eas and nays on any question, shall,
at the request of any two members, be entered on the journal.
Sec. 14. The sessions of each house and of the committee of the
whole shall be open unless the business is such as requires secrecy.
Sec. 15. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Sec. 1G. The members of the legislature shall, in all cases, except
treason, felony, violation of their oath of office and breach of the
peace, be privileged from arrest during their attendance at the ses-
sions of their respective houses, and in going to and returning from
the same; and for any speech or debate in either house they shall
not be questioned in anj^ other place.
Sec. 17. The sole poAver of impeachment shall vest in the house of
representatives; the concurrence of a majority of all the members
being necessary to the exercise thereof. Impeachment shall be tried
by the senate sitting for that purpose, and the senators shall be upon
oath or affirmation to do justice according to law and evidence.
AVhen the governor is on trial, the chief justice of the supreme court
shall preside. No person shall be convicted without a concurrence
of two-thirds of the senators elected.
Sec. 18. The governor and other state and judicial officers except
justices of the peace, shall be liable to impeachment for high crimes
and misdemeanors, or malfeasance in office, but judgment in such cases
shall only extend to removal from office and disqualification to hold
any office of honor, trust or profit under the laws of the State. The
party, whether convicted or acquitted, shall, nevertheless, be liable
to prosecution, trial, judgment and punishment according to law.
Sec. 19. All officers not liable to impeachment shall be subject to
removal for misconduct or malfeasance in office in such manner as
may be provided by law.
Sec. 20. No law shall be passed except by bill and no bill shall be
so altered or amended on its passage through either house as to change
its original purpose.
Sec. 21. The enacting clause of every law shall be as follows: " Be
it enacted by the legislature of the State of Wyoming."
Sec. 22. No bill for the appropriation of mone}^ except for the
expenses of the government, shall be introduced within five (5) days
of the close of the session except by unanimous consent of the house
in which it is sought to be introduced.
Sec. 23. No bill shall be considered or become a law unless referred
to a committee, returned therefrom and printed for the use of the
members.
Sec. 24. No bill, except general appropriation bills and bills for
the codification and general revision of the laws, shall be passed con-
taining more than one subject which shall be clearly expressed in its
title ; but if any subject is embraced in any act which is not expressed
in the title, such act shall be "void only as to so much thereof as shall
not be so expressed.
Wyoming— 1889 4123
Sec. 25, Nt) bill shall become a law, except by a vote of a majority
of all the members elected to each house, nor unless on its final pas-
sage the vote taken by ayes and noes, and the names of those voting
be entered on the journal.
Sec. 26. No law shall be revised or amended, or the provisions
thereof extended by reference to its title only, but so much thereof as
is revised, amended or extended, shall be re-enacted and published
at length.
Sec. 27. The legislature shall not pass local or special laws in any
of the following enumerated cases, that is to say : For granting
divorces; laying out, opening, altering or w^orking roads or high-
ways; vacating roads, town plats, streets, alleys or public grounds;
locating or changing county seats; regulating county or township
affairs; incorporation of cities, towns or villages; or changing or
amending the charters of any cities, towns or villages ; regulating the
practice in courts of justice; regulating the jurisdiction and duties of
justices of the peace, police magistrates or constables; changing the
rules of evidence in any trial or inquiry; j^roviding for changes of
venue in civil or criminal cases; declaring any person of age; for
limitation of civil actions; giving effect to any informal or invalid
deeds; summoning or impanneling grand or petit juries; jaroviding
for the management of common schools ; regulating the rate of inter-
est on money ; the opening or conducting of any election or designa-
ting the place of voting; the sale or mortgage of real estate belong-
ing to minors or others under disability; chartering or licensing
ferries or bridges or toll roads; chartering banks, insurance com-
panies and loan and trust companies; remitting fines, penalties or
forfeitures; creating, increasing or decreasing fees, per centages or
allowances of public officers; changing the law of descent; granting
to any corporation, association or individual the right to lay down
railroad tracks, or any special or exclusive privilege, immunity or
franchise whatever, or amending existing charter for such purpose;
for punishment of crimes ; changing the names of persons or places ;
for the assessment or collection of taxes; affecting estates of de-
ceased persons, minors or others under legal disabilities; extending
the time for the collection of taxes; refunding money paid into the
state treasury; relinquishing or extinguishing, m whole or in part,
the indebtedness, liabilities or obligation of any corporation or person
to this state or to any municipal corporation therein; exempting
property from taxation; restoring to citizenship persons convicted
of infamous crimes; authorizing the creation, extension or impair-
ing of liens; creating offices or prescribing the powers or duties of
officers in counties, cities, townships or school-districts; or authoriz-
ing the adoption or legitimation of children. In all other cases
where a general law can be made applicable no special law shall be
enacted.
Sec. 28. The presiding officer of each house shall, in the presence
of the house over which he presides, sign all bills and joint resolutions
passed by the legislature immediately after their titles have been
publicly read and the fact of signing shall be at once entered upon
the journal.
Sec. 29. The legislature shall prescribe by law the number, duties
and compensation of the officers and employes of each house, and no
payment shall be made from the state treasury, or be in any way
4 124 Wyojning—l 889
authorized to any such person excej^t to an acting officer or employe
elected or appointed in pursuance of law.
Sec. 30. No bill shall be passed giving any extra compensation to
any public officer, servant or employe, agent or contractor, after serv-
ices are rendered or contract made.
Sec. 31. All stationer}^, printing, paper, fuel and lights used in the
legislature and other departments of government, shall be furnished,
and the printing and binding of the laws, journals and department
reports and other printing and binding, and the repairing and fur-
nishing the halls and rooms used for the meeting of the legislature
and its committees shall be performed under contract, to be given to
the lowest responsible bidder, below such maximum price and under
such regulations as may be prescribed by law. No member or officer
of any department of the government shall be in any way interested
in any such contract; and all such contracts shall be subject to the
approval of the governor and state treasurer.
Sec. 32. Except as otherwise provided in this constitution, no law
shall extend the term of any public officer or increase or diminish his
salary or emolument after his election or appointment ; but this shall
not be construed to forbid the legislature from fixing the salaries or
emoluments of those officers first elected or appointed under this con-
stitution, if such salaries or emoluments are not fixed by its provisions.
Sec. 33. All bills for raising revenue shall originate in the house
of representatives ; but the senate may propose amendments as in case
of other bills.
Sec. 34. The general appropriation bills shall embrace nothing but
appropriations for the ordinary expenses of the legislative, executive
and judicial departments of the State, interest on the public debt and
for public schools. All other appropriations shall be made by sepa-
rate bills, each embracing but one subject.
Sec. 35, Excej^t for interest on public debt money shall be paid
out of the treasury only on appropriations made b}^ the legislature,
and in no case otherwise than upon warrant drawn by the proper
officer in pursuance of law.
Sec. 3G. No appropriation shall be made for charitable, industrial,
educational or benevolent purposes to any person, corporation or com-
munity not mider the absolute control of the State, nor to any de-
nominational or sectarian institution or association.
Sec. 37. The legislature shall not delegate to any special commis-
sioner, private corporation or association, any power to make, super-
vise or interfere with an}^ municipal improvements, moneys, property
or effects, whether held in trust or otherwise, to levy taxes, or to j)er-
form any municipal functions whatever.
Sec. 38. No act of the legislature shall authorize the investment of
trust funds by executors, administrators, guardians or trustees in the
bonds or stock of any private corporation.
Sec. 39. The legislature shall have no power to pass any law
authorizing the State or any comity in the State, to contract any debt
or obligation in the construction of any railroad, or give or loan its
credit to or in aid of the construction of the same.
Sec. 40. No obligation or liability of any person, association or
corporation, held or owned by the State, or any municipal corporn-
tion therein, shall ever be exchanged, transferred, remitted, released
Wyoming — 1889 4125
or postponed, or in any way diminished by the legislature ; nor shall
such liability or obligation be extinguished, except by the payment
thereof into the proper treasury.
Sec. 41. Ever}^ order, resolution or vote, in which the concurrence
of both houses may be necessary, except on the question of adjourn-
ment, or relating solely to the transaction of the business of the two
houses, shall be presented to the governor, and before it shall take
effect be approved by him, or, being disapproved, be re-passed by
two-thirds of both houses, as prescribed in the case of a bill.
Sec. 42. If any person elected to either house of the legislature
shall offer or promise to give his vote or influence in favor of or
against any measure or proposition, pending or to be introduced into
the legislature in consideration or upon condition that any other per-
son elected to the same legislature will give, or promise or assent to
give his vote or influence in favor of or against any other measure
or proposition pending or proposed to be introduced into such legis-
lature, the i^erson making such offer or promise shall be deemed
guilty of solicitation of bribery. If any member of the legislature
shall give his vote or influence for or against any measure or proposi-
tion pending or to be introduced in such legislature, or offer, promise
or assent thereto, upon condition that any other member will give or
will promise or assent to give his vote or influence in favor of or
against any other measure or proposition pending or to be intro-
duced in such legislature, or in consideration that any other member
has given his vote or influence for or against any other measure or
proposition in such legislature, he shall be deemed guilty of bribery,
and any member of the legislature, or person elected thereto, who
shall be guilty of either of such offences, shall be expelled and shall
not thereafter be eligible to the legislature, and on conviction thereof
in the civil courts shall be liable to such further penalty as may be
prescribed by law.
Sec. 43. Any person who shall directly or indirectly offer, give or
promise any money or thing of value, testimonial, privilege or per-
sonal advantage, to any executive or judicial officer or member of
the legislature, to influence him in the performance of any of his
official duties shall be deemed guilty of bribery, and be punished in
such manner as shall be provided by law.
Sec. 44. Any person may be compelled to testify in any lawful
investigation or judicial proceeding against any j^erson who may be
charged with having committed the offense of bribery or corrupt
solicitation, or practices of solicitation, and shall not be permitted to
withhold his testimou}^ upon the ground that it may criminate him-
self or subject him to public infamy; but such testimony shall not
afterwards be used against him in any judicial proceeding, except
for perjury in giving such testimony, and any person convicted of
either of the offences aforesaid shall, as part of the punishment there-
for, be disqualified from holding any office or position of honor, trust
or profit in this State.
Sec. 45. The offense of corrupt solicitation of members of the
legislature or of public officers of the State, or of any municipal
division thereof, and the occupation or practice of solicitation of
such members or officers to influence their official action shall be
defined by law and shall be punishable by fine and imprisonment.
4126 Wyoming— 1889
Sec. 46. A member who has a personal or private interest in any
measure or bill proposed or pending before the legislature shall dis-
close the fact to the house of which he is a member, and shall not
vote thereon.
APPORTIOXMENT
Sec. 1. One representative in the congress of the United States
shall be elected from the State at large, the Tuesday next after the
first Monday in November, 1890, and thereafter at such times and
places, and in such manner as may be prescribed by law. When a
new apportionment shall be made by congress, the legislature shall
divide the State into congressional districts accordingl3^
Sec. 2. The legislature shall provide by law for an enumeration of
the inhabitants of the State, in the year 1895, and every tenth year
thereafter, and at the session next folloAving such enumeration, and
also at the session next following an enumeration made by the
authority of the United States, shall revise and adjust the apportion-
ment for senators and representatives, on a basis of such enumera-
tion according to ratios to be fixed by law.
Sec. 3. Representative districts may be altered from time to time
as public convenience may require. AVhen a representative district
shall be composed of two or more counties, they shall be contiguous,
and the districts as compact as may be. No county shall be divided,
in the formation of rei)resentative districts.
Section 4. Until an apjDortionment of senators and representa-
tives as otherwise provided by law, they shall be divided among the
several counties of the State in the folloAving manner :
Albany county, two senators and five representatives.
Carbon county, two senators and five representatives.
Converse county, one senator and three representatives.
Crook county, one senator and two representatives.
Fremont county, one senator and two representatives.
Laramie county, three senators and six representatives.
Johnson county, one senator and two re])resentatives.
Sheridan county, one senator and two representatives.
SweetAvater county, two senators and three representatives.
Uinta county, two senators and three representatives.
Article No. IV
executive department
Section 1. The executive power shall be vested in a governor, who
shall hold his office for the term of four (4) years and until his suc-
cessor is elected and duly qualified.
Sec. 2. No person shall be eligible to the office of governor unless
he be a citizen of the United States and a qualified elector of the
State, who has attained the age of thirtv j'^ears, and who has resided
five years next preceding the election within the State or Territory,
nor shall he be eligible to any other office during the term for which
he was elected.
Sec. 3. The governor shall be elected by the qualified electors of
the State at the time and place of choosing members of the legisla-
ture. The person having the highest number of votes for governor
Wyoming— 1889 4127
shall be declared elected, but if two or more shall have an equal and
highest number of votes for governor, the two houses of the legisla-
ture at its next regular session shall forthwith, by joint ballot, choose
one of such persons for said office. The returns of the election for
governor shall be made in such manner as shall be prescribed by law.
Sec. 4. The governor shall be commander-in-chief of the military
forces of the State, except when they are called into the. service of
the United States, and may call out the same to execute the laws,
supj)ress insurrection and repel invasion. He shall have power to
convene the legislature on extraordinary occasions. He shall at the
commencement of each session communicate to the legislature by
message, information of the condition of the State, and recommend
such measures as he shall deem expedient. He shall transact all nec-
essary business with the officers of the government, civil and mili-
tary. He shall expedite all such measures as may be resolved ujjon
by the legislature and shall take care that the laws be faithfully exe-
cuted.
Sec. 5. The governor shall have power to remit fines and forfei-
tures, to grant reprieves, commutations and pardons after conviction,
for all offences except treason and cases of impeachment; but the
legislature may by law regulate the manner in which the remission
of fines, pardons, commutations and reprieves may be applied for.
Upon conviction for treason he shall have power to suspend the exe-
cution of sentence until the case is reported to the legislature at its
next regular session, when the legislature shall either pardon or com-
mute the sentence, direct the execution of the sentence or grant fur-
ther reprieve. He shall communicate to the legislature at each regu-
lar session each case of remission of fine, reprieve, commutation or
pardon granted by him, stating the name of the convict, the crime
for which he was convicted, the sentence and its date, and the date
of the remission, commutation, pardon or reprieve with his reasons
for granting the same.
Sec. 6. If the governor be impeached, displaced, resign or die, or
from mental or physical disease or otherwise become incapable of
performing the duties of his office or be absent from the State, the
secretary of State shall act as governor until the vacancy is filled or
the disability removed.
Sec. 7. When any office from any cause becomes vacant, and no
mode is provided by the constitution or law for filling such vacancy,
the governor shall have power to fill the same by appointment.
Sec. 8. Every bill which has passed the legislature shall, before it
becomes a law, be presented to the governor. If he approve, he shall
sign; but if not, he shall return it with his objections to the house
in which it originated, which shall enter the objections at large upon
the journal and proceed to reconsider it. If, after such reconsider-
ation, two-thirds of the members elected agree to pass the bill, it shall
be sent, together with the objections, to the other house, by which it
shall likewise be reconsidered, and if it be approved by two-thirds
of the members elected, it shall become a law ; but in all such cases
the vote of both houses shall be determined by the yeas and nays,
and the names of the members voting for and against the bill shall
be entered upon the journal of each house respectively. If any bill
is not returned by the governor within three days (Sundays ex-
cepted) after its presentation to him, the same shall be a law, unless
4128 Wyoming— 1889
the legislature by its adjournment, prevent its return, in which case
it shall be a law unless he shall file the same with his objections in
the office of the secretary of State within fifteen days after such ad-
journment.
Sec. 9. The governor shall have power to disapprove of any item
or items or j^art or parts of any bill making appropriations of money or
property embracing distinct items, and the part or parts of the bill
approved shall be the law, and the item or items and part or parts
disapproved shall be void unless enacted in the following manner:
If the legislature be in session he shall transmit to the house in which
the bill originated a copy of the item or items, or part or parts thereof
disapproved, together with his objections thereto, and the items or
parts objected to shall be separately reconsidered, and each item or
part shall then take the same course as is prescribed for the jaassage.
of bills over the executive veto.
Sec. 10. Any governor of this State who asks, receives or agrees
to receive any bribe upon any understanding that his official opinion,
judgment or action shall be influenced thereby, or who gives or oft'ers,
or ijromises his official influence in consideration that any member of
the legislature shall give his official vote or influence on au}^ particu-
lar side of any question or matter upon Avhich he is required to act
in his official capacit}', or who menaces any member by the threated
use of his veto power, or who offers or promises any member that he,
the governor, will appoint any particular person or j^ersons to any
office created or thereafter to be created, in consideration that any
member shall give liis official vote or influence on any matter pending
or thereafter to be introduced into either house of said legislature; or
who threatens any member that he, the governor, will remove any
person or persons from office or position with intent in any manner to
influence the action of said member, shall be punished in the manner
now or that may hereafter be provided by law, and upon conviction
thereof shall forfeit all right to hold or exercise any office of trust or
honor in this State.
Sec. 11. Thei'e shall be chosen by the qualified electors of the State
at the times and jjlaces of choosing members of the legislature,' a sec-
retary of State, auditor, treasurer, and superintendent of ])ublic
instruction, who shall have attained the age twenty-five years re-
sjoectively, shall be citizens of the United States, and shall have the
qualifications of State electors. They shall severally hold their of-
fices at the seat of government, for the term of four (4) years and
until their successors are elected and duly qualified, but no person
shall be eligible for the office of treasurer for four (4) years after the
expiration of the term for which he was elected. The legislature may
provide for such other State officers as are deemed necessary.
Sec. V2. The powers and duties of the secretary of State, of State
auditor, treasurer and superintendent of public instruction shall be
as prescribed by law.
Sec. 13. Until otherwise provided by law, the governor shall receive
an annual salary of two thousand five hundred dollars, the secretary
of State, State auditor, State treasurer and superintendent of public
instruction shall each receive an annual salary of two thousand
dollars, and the salaries of any of the said officers shall not be in-
Wyoming— 1889 4129
creased or diminished during the period for which they were elected,
and all fees and profits arising from any of the said offices shall be
covered into the State treasury.
Sec. 14. The legislature shall provide for a State examiner, who
shall be appointed by the governor and confirmed by the Senate.
His duty shall be to examine the accounts of State treasurer, supreme
court clerks, district court clerks, and all county treasurers, and treas-
urers of such other public institutions as the law may require, and
shall perform such other duties as the legislature may prescribe. He
shall report at least once a year and oftener if required to such officers
as are designated by the legislature. His compensation shall be fixed
by law.
Sec. 15. There shall be a seal of State which shall be called the
" Great Seal of the State of Wyoming ; " it shall be kept by the
secretary of State and used by him officially as directed by law.
Sec. 16. The seal of the Territory of Wyoming as now used shall
be the seal of the State until otherwise provided by law.
Article V
JUDICIAL department
Section 1. The judicial power of the State shall be vested in the
senate, sitting as a court of impeachment, in a supreme court, district
courts, justices of the peace, courts of arbitration and such courts as
the legislature may, by general law, establish for incorporated cities
or incorporated towns.
Sec. 2. The supreme court shall have general appellate jurisdiction,
co-extensive with the State, in both civil and criminal causes and shall
have a general superintending control over all inferior courts under
such rules and regulations as may be prescribed by law.
Sec. 3. The supreme court shall have original jurisdiction in quo
warranto and mandamus as to all State officers, and in habeas corpus.
The supreme court shall also have power to issue writs of mandamus,
review, prohibition, habeas corpus, certiorari and other writs neces-
sary and proper to the complete exercise of its appellate and revisory
jurisdiction. Each of the judges shall have power to issue writs of
habeas corpus to any part of the state upon petition by or on behalf
of a person held in actual custody, and may make such writs return-
able before himself or before the supreme court, or before any dis-
trict court of the State or any judge thereof.
Sec. 4. The supreme court of the state shall consist of three jus-
tices who shall be elected by the qualified electors of the State at a
general state election at the times and places at which State officers
are elected; and their term of office shall be eight (8) years com-
mencing from and after the first Monday in January next succeeding
their election; and the justices elected at the first election after this
constitution shall go into eifect shall, at their first meeting jjrovided
by law, so classify themselves by lot that one of them shall go out
of office at the end of four (4) years and one at the end of six (6)
years and one at the end of eight (8) years from the commencement
of their term, and an entry of such classification shall be made in
4130 Wyoming— 1889
the record of the court and signed by them and a duplicate thereof
shall be filed in the office of the secretary of state. The justice hav-
ing the shortest term to serve and not holding his office by appoint-
ment or election to fill a vacancy, shall be the chief justice and shall
preside at all terms of the supreme court, and, in case of his absence,
the justice having in like manner the next shortest term to serve
shall preside in his stead. If a vacancy occur in the office of a jus-
tice of the supreme court the governor shall appoint a person to hold
the office until the election and qualification of a person to fill the
unexpired term occasioned by such vacancy, which election shall take
place at the next succeeding general election. The first election of
the justices shall be at the first general election after this constitu-
tion shall go into effect.
Sec. 5. A majorit}^ of the justices of the supreme court shall be
necessary to constitute a quorum for the transaction of business.
Sec. 0. In case a judge of the supreme court shall be in any way
interested in a cause brought before such court the remaining judges
of said court shall call one of the district judges to sit with them
on the hearing of said cause.
Sec. 7. At least two terms of the supreme court shall be held an-
nually at the seat of government at such times as may be provided by
law.
Sec. 8. Xo person shall be eligible to the office of justice of the
supreme court unless he be learned in the law, have been in actual
practice at least nine (9) years, or whose service on the bench of any
court of record, when added to the time he may have practiced law
shall be equal to nine (9) years, be at least thirty years of age and a
citizen of the United States, nor unless he shall have resided in this
State or Territory at least three years.
Sec. 9. There shall be a clerk of the supreme court who shall be
appointed by the justices of said court and shall hold his office during
their pleasure, and whose duties and emoluments shall be as provided
by law.
Sec. 10. The district court shall have original jurisdiction of all
causes both at law and in equity and in all criminal cases, of all mat-
ters of probate and insolvency and of such special cases and proceed-
ings as are not otherwise provided for. The district court shall also
have original jurisdiction in all cases and of all proceedings in which
jurisdiction shall not have been by law vested exclusively in some
other court; and said court shall have the power of naturalization
and to issue papers therefor. They shall have such appellate juris-
diction in cases arising in justices' and other inferior courts in their
respective counties as may be prescribed by law. Said courts and
their judges shall have power to issue writs of mandamus, quo war-
ranto, review, certiorari, prohibition, injunction and writs of habeas
corpus, on petition by or on behalf of any jDcrson in actual custody
in their respective districts.
Sec. 11. The judges of the district courts may hold courts for each
other and shall do so when required by law.
Sec. 12. Xo person shall be eligible to the office of judge of the
district court unless he be learned in the law, be at least twenty-eight
years of age, and a citizen of the United States, nor unless he shall
have resided in the State or Territory of Wyoming at least two years
next preceding his election.
Wyoming— 1889 4131
Sec. 13. -There shall be a clerk of the district court in each organ-
ized county in which a court is holden who shall be elected, or, in
case of vacancy, appointed in such manner and with such duties and
compensation as may be prescribed by law.
Sec. 14. The legislature shall provide by law for the appointment
by the several district courts of one or more district court commis-
sioners (who shall be persons learned in the law) in each organized
county in which a district court is holden, such commissioners shall
have authority to perform such chamber business in the absence of
the district judge from the county or upon his written statement filed
with the papers, that it is improper for him to act, as may be pre-
scribed by law, to take depositions and perform such other duties,
and receive such compensation as shall be prescribed by law.
Sec. 15. The style of all process shall be " The State of Wyoming."
All prosecutions shall be carried on in the name and by the authority
of the State of Wyoming, and conclude " against the peace and dig-
nity of the State of Wyoming."
Sec. 1G. Xo duties shall be imposed by laAv upon the supreme court
or any of the judges thereof, except such as are judicial, nor shall any
of the judges thereof exercise any power of appointment except as
herein provided.
Sec. 17. The judges of the suj)reme and district courts shall
receive such compensation for their services as may be prescribed by
law, which compensation shall not be increased or diminished during
the term for which a judge shall have been elected, and the salary of
a judge of the supreme or district court shall be as may be prescribed
by law.
Sec. 18. Writs of error and appeals may be allowed from the de-
cisions of the district courts to the supreme court under such regula-
tions as may be prescribed by law.
Sec. 19. Until otherwise provided by law, the State shall be di-
vided into three judicial districts, in each of which there shall be
elected at general elections, by the electors thereof, one judge of the
district court therein, whose term shall be six (6) years from the first
Monday in January succeeding his election and until his successor is
duly qualified.
Sec. 20. Until otherwise provided by law, said judicial districts
shall be constituted as follows :
District number one shall consist of the counties of Laramie, Con-
verse and Crook.
District number two shall consist of the counties of Albany, John-
son and Sheridan.
District number three shall consist of the counties Carbon, Sweet-
water, Uinta and Fremont.
Sec. 21. The legislature may from time to time increase the num-
ber of said judicial districts and the judges thereof, but such increase
or change in the boundaries of the districts shall not work the re-
moval of any judge from his office during the term for which he
may have been elected or appointed ; provided the number of disrticts
and district judges shall not exceed four until the taxable valuation
of property in the State shall exceed one hundred million dollars
($100,000,000.)
Sec. 22. The legislature shall provide by law for the election of
justices of the peace in each organized county within the state. But
4132 Wyomi7ig—1889
the number of said justices to be elected in each organized county
shall be limited by law to such number as shall be necessary for the
proper administration of justice. The justices of the peace herein
provided for shall have concurrent jurisdiction Avitli the district court
m all civil actions where the amount in controversy, exclusive of
costs, does not exceed two hundred dollars, and they shall have such
jurisdiction to hear and determine cases of misdemeanor as maj^ be
Ijrovided by law, but in no case shall Said justices of the peace have
jurisdiction when the boundaries of or title to real estate shall come
into question.
Sec. 23. xVppeals shall lie from the final decisions of justices of the
peace and police magistrates in such cases and pursuant to such regu-
lations as may be prescribed by law.
Sec. 24. The time of holding courts in the several counties of a
district shall be as prescribed by law, and the legislature shall make
provisions for attaching unorganized counties or territory to organ-
ized coimties for judicial purposes.
Sec. 25. No judge of the supreme or district court shall act as at-
torney or counsellor at law.
Sec. 2G. Until the legislature shall provide by law for fixing the
terms of courts, the judges of the supreme court and district courts
shall fix the terms thereof.
Sec. 27. Xo judge of the supreme or district court shall be elected
or appointed to any other than judicial offices or be eligible thereto
during the term for which he was elected or appointed such judge.
Sec. 28. The legislature shall establish courts of arbitration, whose
duty it shall be to hear, and determine all differences, and contro-
versies between organizations or associations of laborers, and their
employers, which shall be submitted to them in such manner as the
legislature may provide.
Sec. 29. The legislature may provide by law, for the voluntary
submission of differences to arbitrators for determination, and said
arbitrators shall have such powers and duties as may be prescribed
by law, but they shall have no power to render judgment to be
obligatory on parties, unless they voluntarily submit their matters
of difference and agree to abide the judgment of such arbitrators.
Sec. 30. Appeals from decisions of compulsory boards of arbitra-
tion shall be allowed to the supreme court of the State, and the
manner of taking such appeals shall be prescribed by law.
Article Xo. VI
suffrage
Section 1. The rights of citizens of the State of "Wyoming to vote
and hold office shall not be denied or abridged on account of sex.
Both male and female citizens of this State shall equally enjoy all
civil, political and religious rights and privileges.
Sec. 2. Every citizen of the United States of the age of twenty-
one years and upwards, who has resided in the State or Territory
one year and in the county wherein such residence is located sixty
days next preceding any election, shall be entitled to vote at such
election, except as herein otherwise provided.
Wyoming— 1889 4133
Sec. 3. Electors shall in all cases except treason, felony or breach
of the peace, be privileged from arrest on the days of election during
their attendance at elections, and going to and returning therefrom.
Sec. 4. No elector shall be obliged to perform militia duty on the
day of election, except in time of war or public danger.
Sec. 5. No person shall be deemed a qualified elector of this State,
unless such person be a citizen of the United States.
Sec. 6. All idiots, insane persons, and persons convicted of in-
famous crimes, unless restored to civil rights, are excluded from the
elective franchise.
Sec. T. No elector shall be deemed to have lost his residence in the
State, by reason of his absence on busines of the United States, or
of this State, or in the military or naval service of the United States.
Sec. 8. 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 his being stationed therein.
Sec. 9. No person shall have the right to vote who shall not be
able to read the constitution of this State. The provisions of this
section shall not apply to any person prevented by physical disability
from complying with its requirements.
Sec. 10. Nothing herein contained shall be construed to deprive
any person of the right to vote, who has such right at the time of
the adoption of this constitution, unless disqualified by the restric-
tions of section six of this article. After the expiration of five (5)
years from the time of the adoption of this constitution, none but
citizens of the United States shall have the right to vote.
Sec. 11. All elections shall be by ballot. The legislature shall
provide by law that the names of all candidates for the same office,
to be voted for at any election, shall be printed on the same ballot,
at public expense, and on election day be delivered to the voters
within the polling place by sworn public officials, and only such bal-
lots so delivered shall be received and counted. But no voter shall
be deprived of the privilege of w^riting upon the ballot used the name
of any other candidate. All voters shall be guaranteed absolute
privacy in the preparation of their ballots, and the secrecy of the
ballot shall be made compulsory.
Sec. 12. No person qualified to be an elector of the State of Wyo-
ming, shall be allowed to vote at any general or special election,
hereafter to be holden in the State, until he or she shall have regis-
tered as a voter according to law, unless the failure to register is
caused by sickness or absence, for which provision shall be made by
law. The legislature of the State shall enact such laws as w^ill carry
into effect the provisions of this section, which enactment shall be
subject to amendment, but shall never be repealed; but this section
shall not apply to the first election held under this constitution.
ELECTIONS
Sec. 13. The legislature shall pass laws to secure the purity of
elections, and guard against' abuses of the elective franchise.
Sec. 14. The legislature shall, by general law, designate the courts
by which the several classes of election contests not otherwise pro-
vided for, shall be tried, and regulate the manner of trial and all
7535— VOL 7—09 23
4134 Wyoming— 1889
matters incident thereto; bnt no such lnw shall apply to any contest
arising out of an election held before its passage.
Sec. 15. No person except a qualified elector shall be elected or
appointed to any civil or military office in the State.
Sec. 16. Every person holding any civil office under the State or
any municij^ality therein shall, unless removed according to law,
exercise the duties of such office until his successor is duly qualified,
but this shall not apply to members of the legislature, nor to members
of any board of assembly, two or more of whom are elected at the
same time. The legislature may by law provide for suspending any
officer in his functions, pending impeachment or prosecution for mis-
conduct in office.
QUALIFICATIONS FOR OFFICE
Sec. 17. All general elections for state and county officers, for mem-
bers of the house of representatives and the senate of the State of
Wyoming, and represeritatives to the congress of the United States,
shall be held on the Tuesday next following the first Monday in
November of each even year. Special elections may be held as now,
or as may hereafter be provided by law. All state and county offi-
cers elected at a general election shall enter upon their respective
duties on the first Monday in Januar}' next folloAving the date of
their election, or as soon thereafter as may be possible.
Sec. 18. All officers, whose election is not provided for in this con-
stitution, shall be elected or appointed as may be directed by law.
Sec. 10. No member of congress from this State, nor any person
holding or exercising any office or apjwintment of trust or profit
under the Ignited States, shall at the same time hold or exercise any
office in this State to which a salary, fees or perquisites shall be at-
tached. The legislature may by law declare Avhat offices are incom-
patible.
OATH OF OFFICE
Sec. 20. Senators and representatives and all judicial, state and
county officers shall, before entering upon the duties of their respec-
tive offices, take and subscribe the following oath or affirmation :
"' I do solemnly swear (or affirm) that I will support, obey and defend
the Constitution of the United States, and the Constitution of this
State, and that I will discharge the duties of my office with fidelity ;
that I have not paid or contributed, or promised to pay or contribute,
either directl^^ or indirectly, any money or other valuable thing, to
procure my nomination or election, (or appointment) except for nec-
essary and proper exiDcnses expressly authorized by law ; that I have
not, knowingly, violated any election law of the State, or procured
it to be done by others in my behalf; that I will not knowingly
receive, directly or indirectly, any money or other valuable thing for
the performance or non-performance of any act or duty pertaining
to my office, other than the compensation allowed by law."
Sec. 21. The foregoing oath shall be administered by some person
authorized to administer oaths, and in the case of State officers and
judges of the supreme court shall be filed in the office of the secre-
tary of State, and in the case of other judicial and county officers
in the office of the clerk of the county in which the same is taken;
any person refusing to take said oath or affirmation shall forfeit his
Wyoming— 1889 4135
office, and "any person who shall be convicted of having sworn or
affirmed falsely, or of having violated said oath or affirmation, shall
be guilty of perjury, and be forever disqualified from holding any
office of trust or profit within this State. The oath to members of
the senate and house of representatives shall be administered by one
of the judges of the supreme court or a justice of the peace, in the
hall of the house to which the members shall be elected.
Article No. VII
EDUCATION
Section 1. The legislature shall provide for the establishment and
maintenance of a complete and uniform system of public instruction,
embracing free elementary schools of every needed kind and grade,
a university with such technical and professional departments as the
public good may require and the means of the State allow, and such
other institutions as may be necessary.
Sec. 2. The following are declared to be perpetual funds for school
purposes, of which the annual income only can be appropriated, to-
wit: Such per centum as has been or may hereafter be granted by
congress on the sale of lands in this State; all moneys arising from
the sale or lease of sections number sixteen and thirty-six in each
township in the State, and the lands selected or that may be selected
in lieu thereof ; the proceeds of all lands that have been or may here-
after be granted to this State, where by the terms and conditions of
the grant, the same are not to be otherwise appropriated ; the net
proceeds of lands and other property and effects that may come to
the State b}' escheat or forfeiture, or from unclaimed dividends or
distributive shares of the estates of deceased persons; all moneys,
stocks, bonds, lands and other property now belonging to the common
school fund.
Sec. 3. To the sources of revenue above mentioned shall be added
all other grants, gifts and devises that have been or may hereafter
be made to this State and not otherwise appropriated by the terms of
the grant, gift or devise.
Sec. 4. All moneys, stocks, bonds, lands and other property be-
longing to a county school fund, except such moneys and property
as may be provided by law for current use in aid of public schools,
shall belong to and be securely invested and sacredly preserved in
the several counties as a county public school fund, the income of
which shall be appropriated exclusively to the use and support of
free public schools in the several counties of the State.
Sec. 5. All fines and penalties under general laAvs of tlie State shall
belong to the public school fund of the respective counties and be
paid over to the custodians of such funds for the current support of
the public schools therein.
Sec. 6. All funds belonging to the State for public school purposes,
the interest and income of which only are to be used, shall be deemed
trust funds in the care of the State, which shall keep them for the
exclusive benefit of the public schools, and shall make good any losses
that may in any manner occur, so that the same shall remain forever
inviolate and undiminished. None of such funds shall ever be in-
vested or loaned except on the bonds issued by school districts, or
4136 Wyoming— 1889
registered county bonds of the State, or State securities of this State,
or of the United States.
Sec. 7, The income arising from the funds mentioned in the pre-
ceding section, together with all the rents of the unsold school lands
and such other means as the legislature may provide, shall be exclu-
sively applied to the support of free schools in every county in the
State.
Sec. 8. Provision shall be made by general law for the equitable
distribution of such income among the several counties according to
the number of children of school age in each ; which several counties
shall in like manner distribute the proportion of said fund by them
received respectively to the several school districts embraced therein.
But no appropriation shall be made from said fund to any district
for the vear in which a school has not been maintained for at least
three months; nor shall any portion of any public school fund ever
be used to support or assist any private school, or any school, acad-
emy, seminary, college or other institution of learning controlled by
any church or sectarian organization or religious denomination wdiat-
soever.
Sec. 9. The legislature shall make such further provision by taxa-
tion or otherwise, as with the income arising from the general school
fund will create and maintain a thorough and efficient system of
public schools, adequate to the proper instruction of all the youth of
the State, between the ages of six and twenty-one years, free of
charge; and in view of such provision so made, the legislature shall
require that every child of sufficient physical and mental ability shall
attend a public "school during the period between six and eighteen
years for a time equivalent to three years, unless educated by other
means.
Sec. 10. In none of the public schools so established and main-
tained shall distinction or discrimination be made on account of sex,
race or color.
Sec. 11. Neither the legislature nor the superintendent of public
instruction shall have power to prescribe text books to be used in the
public schools.
Sec. 12. No sectarian instruction, qualifications or tests shall be
imj^arted, exacted, applied or in any manner tolerated in the schools
of any grade or character controlled by the State, nor shall attendance
be required at any religious service therein, nor shall any sectarian
tenets or doctrines be taught or favored in any public school or in-
stitution that may be established under this constitution.
Sec. 13. The governor, secretary of state, state treasurer and su-
perintendent of public instruction shall constitute the board of land
commissioners, which, under direction of the legislature, as limited
by this constitution, shall have the direction, control, leasing and dis-
posal of the lands of the State granted, or which may be hereafter
granted for the support and benefit of public schools, subject to the
further limitations that the sale of all lands shall be at public auc-
tion, after such delay (not less than the time fixed by congress), in
portions at proper intervals of time, and at such minimum prices (not
less than the minimum fixed by congress) , as to realize the largest pos-
sible proceeds.
Wyoming— 1889 4137
Sec. 14. The general supervision of the public schools shall be en-
trusted to the state superintendent of public instruction, whose
powers and duties shall be prescribed by law.
THE UNIVERSITY
Sec. 15, The establishment of the University of Wyoming is hereby
confirmed, and said institution, with its several departments, is hereby
declared to be the University of the State of AVyoming. All lands
which have been heretofore granted or which may be granted here-
after by congress unto the university as such, or in aid of the instruc-
tion to be given in any of its departments, with all other grants,
donations or devises for said university, or for any of its departments,
shall vest in said university, and be exclusively used for the purposes
for which they were granted, donated or devised. The said lands
may be leased on terms approved by the land commissioners, but may
not be sold on terms not approved by congress.
Sec. 1G. The universit}^ shall be equally open to students of both
sexes, irrespective of race or color ; and, in order that the instruction
furnished may be as nearl}^ free as possible, any amount in addition
to the income from its grants of lands and other sources above men-
tioned, necessary to its support and maintenance in a condition of
full efficiency shall be raised by taxation or otherwise, under pro-
visions of the legislature.
Sec. 17. The legislature shall provide by law for the management
of the university, its lands and other property by a board of trustees,
consisting of not less than seven members, to be appointed by the
governor by and with the advice and consent of the senate, and the
president of the university, and superintendent of public instruction,
as members ex-officio, as such having the right to speak but not to
vote. The duties and powers of the trustees shall be prescribed by
law.
CHARITABLE AND PENAL INSTITUTIONS
Sec. 18, Such charitable, reformatory and jienal institutions as the
claims of humanity and the public good may require, shall be estab-
lished and supported by the State in such manner as the legislature
may prescribe. They shall be under the general supervision of a
State board of charities and reform, whose duties and powers shall
be prescribed by law.
Sec. 19. The property of all charitable and penal institutions be-
longing to the Territory of AVyoming shall, upon the adoption of this
constitution, become the property of the State of Wyoming, and such
of said institutions as are then in actual operation, shall thereafter
have the supervision of the board of charities and reform, as provided
in the last preceding section of this article, under provisions of the
legislature.
PUBLIC HEALTH AND MORALS
Sec. 20. As the health and morality of the people are essential to
their well-being, and to the peace and permanence of the State, it
shall be the duty of the legislature to protect and promote these vital
4138 Wyoming— 1889
interests by such measures for the encouragement of temperance and
virtue, and such restrictions upon vice and immorality of every sort,
as are deemed necessary to the public welfare.
PUBLIC BUILDINGS
Sec. 21. All public buildings and other property belonging to the
territory shall, upon the adoption of this constitution, become the
property of the State of Wyoming.
Sec. 22. The construction, "care and preservation of all public
buildings of the State not under the control of the board or officers of
public institutions by authority of law shall be entrusted to such
officers or boards, and under such regulations as shall be prescribed by
law.
Sec. 23. The legislature shall have no power to change or to locate
the seat of government, the state university, insane asylum, or state
penitentiary, but may, after the expiration of ten (10) years after
the adoption of this constitution, provide by law for submitting the
question of the permanent location thereof, respectively, to the quali-
fied electors of the State, at some general election, and a majority of
all votes upon said question cast at said election shall be necessary to
determine the location thereof; but for said period of ten (10) years,
and until the same are respectively and permanently located, as herein
provided, the location of the seat of government and said institutions
shall be as follows :
The seat of government shall be located at the city of Cheyenne, in
the county of Laramie. The state universit}^ shall be located at the
city of Laramie, in the county of Albany. The insanse asylum shall
be located at the town of Evanston, in the county of Uinta. The
penitentiary shall be located at the city of Rawlins, in the county of
Carbon; but the legislature may provide by law that said penitentiary
may be converted to other public uses. The legislature shall not lo-
cate any other public institutions except under general laws, and by
vote of the people.
Article No. VIII
IRRIGATION AND WATER RIGHTS
Section 1. The water of all natural streams, springs, lakes or other
collection of still water, within the boundaries of the State, are hereby
declared to be the property of the State.
Sec. 2. There shall be constituted a board of control, to be com-
posed of the state engineer and superintendents of the water di-
visions; which shall under such regulations as may be prescribed by
law, have the supervision of the waters of the state and of their ap-
propriation, distribution and diversion and of the various officers
connected therewith. Its decisions to be subject to review by the
courts of the State.
Sec. 3. Priority of appropriation for beneficial uses shall give the
better right. No appropriation shall be denied except when such
denial is demanded by the public interests.
Sec. 4. The legislature shall by law divide the State into four (4)
water divisions and provide for the appointment of superintendents
thereof.
Wyoming— 1889 4139
Sec. 5. TJiere shall be a state engineer who shall be appointed by
the governor of the State and confirmed by the senate ; he shall hold
his office for the term of six (6) years or until his successor shall
have been appointed and shall have qualified. He shall be president
of the board of control and shall have general supervision of the
waters of the State and of the officers connected with its distribu-
tion. No person shall be appointed to this position who has not
such theoretical knowledge and such practical experience and skill
as shall fit him for the position.
Article IX
MINES AND MINING
Section 1. There shall be established and maintained the office of
inspector of mines, the duties and salary of which shall be prescribed
by law. When said office shall be established, the governor shall,
with the advice and consent of the senate, appoint thereto a person
proven in the manner provided by law to be competent and practical,
whose term of office shall be two years.
Sec. 2. The legislature shall provide by law for the proper develop-
ment, ventilation, drainage and operation of all mines in this State.
Sec. 3. No boy under the age of fourteen years and no woman or
girl of any age shall be employed or j^ermitted to be in or about any
coal, iron or other dangerous mines for the purpose of employment
therein; provided, however, this provision shall not affect the em-
ployment of a boy or female of suitable age in an office or in the
performance of clerical work at such mine or colliery.
Sec. 4. For any injury to person or property caused by wilful fail-
ure to comply with provisions of this article, or laws passed in pur-
suance hereof, a right of action shall accrue to the party injured, for
the damages sustained thereby, and in all cases in this State, w4ien-
ever the death of a person shall be caused by wrongful act, neglect
or default, such as would, if death had not ensued, have entitled the
party injured to maintain an action to recover damages in respect
thereof, the person who, or the corporation which would have been
liable, if death had not ensued, shall be liable to an action for dam-
ages notwithstanding the death of the person injured, and the legis-
lature shall provide by law" at its first session for the manner in which
the right of action in respect thereto shall be enforced.
Sec. 5. The legislature may provide that the science of mining and
metallurgy be taught in one of the institutions of learning under the
j^atronage of the State.
Sec. 6. There shall be a state geologist, who shall be appointed by
the governor of the State, with the advice and consent of the senate.
He shall hold his office for a term of six (6) years or until his suc-
cessor shall have been appointed and shall have qualified. His duties
and compensation shall be prescribed by law. No person shall be
appointed to this position unless he has such theoretical knowledge
and such practical experience and skill as shall fit him for the posi-
tion ; said state geologist shall ex-officio perform the duties of in-
spector of mines uiitil otherwise provided by law.
4140 Wyoming— 1889
Article No. X
CORPORATIONS
Section 1. The legislature shall provide for the organization of
corporations by general law. ^VU laws relating to corporations may
be altered, amended or repealed by the legislature at any time when
necessar}' for the public good and general welfare, and all corpora-
tions doing business in this State may as to such business be regulated,
limited or restrained by law not in conflict with the consti-tution of
the United States.
Sec. 2. All powers and franchises of corporations are derived from
the people and are granted by their agent, the government, for the
public good and general welfare, and the right and duty of the State
to control and regulate them for these purpose is hereby declared.
The power, rights and privileges of any and all corporations may be
forfeited b}' wilful neglect or abuse thereof. The police power of
the State is supreme over all corporations as well as individuals.
Sec. 3. All existing charters, franchises, special or exclusive privi-
leges under which an actual and bona fide organization shall not
have taken jilace for the purpose for which formed and which shall
not have been maintained in good faith to the time of the adoption
of this constitution shall thereafter have no validity.
Sec. 4. No law shall be enacted limiting the amount of damages
to be recovered for causing the injury or death of any person. Any
contract or agreement with any emploj^e waiving any right to recover
damages for causing the death or injury of any employe shall be void.
Sec. 5. No corporation organized under the laws of AVyoming Ter-
ritory or any other jurisdiction than this State shall be permitted to
transact business in this state until it shall have accepted the con-
stitution of this State and filed such acceptance in accordance with
the laws thereof.
Sec. 6. No corporation shall have power to engage in more than
one general line or department of business, which line of business
shall be distinctly specified in its charter of incorporation.
Sec. 7. All corporations engaged in the transportation of persons,
property, mineral oils, and mineral products, news or intelligence,
including railroads, telegraphs, express companies, pipe lines and
telephones, are declared to be c6mmon carriers.
Sec. 8. There shall be no consolidation or combination of corpora-
tions of any kinds whatever to prevent competition, to control or in-
fluence productions or prices thereof, or in any other manner to
interfere with the public good and general welfare.
Sec. 9. The right of eminent domain shall never be so abridged or
construed as to prevent the legislature from taking the property and
franchises of incorporated companies and subjecting them to the
public use the same as the property of individuals.
Sec. 10. The legislature shall provide by suitable legislation for the
organization of mutual and co-operative associations or corporations.
Wyoming— J 889 4141
RAILROADS
Section 1. Any railroad corporation or association organized for
the pur^jose, shall have the right to construct and operate a railroad
between any points within this State and to connect at the State
line with railroads of other states. Every railroad shall have the
right with its road to intersect, connect with or cross any other rail-
road, and all railroads shall receive and transport each other's pas-
sengers, and tonnage and cars, loaded or empty, without delay or
discrimination.
Sec. 2. Kailroad and telegraph lines heretofore constructed or that
may hereafter be constructed in this State are hereby declared joublic
highways and common carriers, and as such must be made by law to
extend the same equality and impartiality to all who use them, ex-
cepting employes and their families and ministers of the gospel,
whether individuals or corporations.
Sec. 3. Every railroad corporation or association operating a line
of railroad within this State shall annually make a report to the
auditor of State of its business within this state, in such form as
the legislature may prescribe.
Sec. 4. Exercise of the power and right of eminent domain shall
never be so construed or abridged as to prevent the taking by the
legislature of property and franchises of incorporated companies
and subjecting them to public use the same as property of individuals.
Sec. 5. Neither the State, nor any county, township, school district
or municipality shall loan or give its credit or make donations to or
in aid of any railroad or telegraph line ; provided, that this section
shall not apply to obligations of any county, city, township or school
district, contracted prior to the adoption of this constitution.
Sec. 6. No railroad or other transportation company or telegraph
company in existence upon the adoption of this constitution shall
derive the benefit of any future legislation without first filing in the
office of the secretary of State an acceptance of the provisions of this
constitution.
Sec. 7. Any association, corporation or lessee of the franchises
thereof organized for the purpose shall have the right to construct
and maintain lines of telegraph within this State and to connect the
same with other lines.
Sec. 8. No foreign railroad or telegraph line shall do any business
within this State without having an agent or agents within each
county through which such railroad or telegraph line shall be con-
structed upon whom process may be served.
Sec. 9. No railroad company shall construct or operate a railroad
within four (4) miles of any existing town or city without provid-
ing a suitable depot or stopping place at the nearest practicable point
for the convenience of said town or city, and stopping all trains
doing local business at said stopping place. No railroad company
shall deviate from the most direct practicable line in constructing a
railroad, for the purpose of avoiding the provisions of this section.
4142 Wyoming— 1889
Article No. XI
BOUNDARIES "
Article No. XII
COUNTY organization
Section 1. The several counties in the Territory of Wyoming as
the}^ shall exist at the time of the admission of said territory as a
State are hereby declared to be the counties of the State of Wyoming.
Sec. 2. The legislature shall provide by general law for organiz-
ing new counties, locating the count}' seats thereof temporarily and
changing county lines. But no new county shall be formed unless it
shall contain within the limits thereof projierty of the valuation of
two million dollars, as shown by last preceding tax returns, and not
then unless the remaining portion of the old county or counties shall
each contain property of at least three million of dollars of assess-
able valuation ; and no new county shall be organized, nor shall any
organized county be so reduced as to contain a population of less
than one thousand five hundred bona fide inhabitants, and in case any
portion of an organized county or counties is stricken oif to form a
new county the new county shall assume and be holden for an equi-
table proportion of the indebtedness of the county or counties so re-
duced. No county shall be divided unless a majority of the qualified
electors of the territory proposed to be cut off voting on the propo-
sition shall vote in favor of the division.
Sec 3. The legislature shall provide by general law for changing
county seats in organized counties, but it shall have no power to
remove the county seat of any organized county.
Sec. 4. The legislature shall provide by general law for a system
of township organization and government, which may be adopted
by any county whenever a majority of the citizens thereof voting at a
general election shall so determine.
Sec. 5. The legislature shall provide by law for the election of such
county officers as may be necessary.
Article ISo. XIII
municipal corporations
Section 1. The legislature shall provide by general laws for the
organization and classification of municipal corporations. The num-
ber of such classes shall not exceed four (4), and the powers of each
class shall be defined by general laws, so that no such corporation
shall have any power or be subject to any restrictions other than all
corporations of the same class. Cities and towns now existing under
special charters or the general laws of the territory may abandon such
charter and reorganize under the general laws of the State.
Sec 2. No municipal corporation shall be organized without the
consent of the majority of the electors residing within the district
proposed to be so incorporated, such consent to be ascertained in the
manner and under such regulations as may be prescribed by law.
Sec 3. The legislature shall restrict the powers of such corpora-
tions to levy taxes and assessments, to borrow money and contract
« Transferred to Article II.
Wyoming— 1889 4143
debts so as-to prevent the abuse of such power, and no tax or assess-
ment shall be levied or collected or debts contracted by municipal
corporations excej^t in pursuance of law for public purposes specified
by law.
Sec. 4. No street passenger railway, telegraph, telephone or elec-
tric light line shall be constructed within the limits of any municipal
organization without the consent of its local authorities.
Sec. 5. Municipal corporations shall have the same right as indi-
viduals to acquire rights by prior appropriation and otherwise to
the use of water for domestic and municipal purposes, and the legis-
lature shall provide by law for the exercise upon the part of incor-
porated cities, towns and villages of the right of eminent domain
for the purpose of acquiring from prior appropriators upon the pay-
ment of just compensation, such water as may be necessary for the
well being thereof and for domestic uses.
Artici^e No. XIV
SALARIES
Section 1. All State, city, county, town and school officers, (ex-
cepting justices of the peace and constables in precincts having less
than fifteen hundred population, and excepting court commissioners,
boards of arbitration and notaries public) shall be paid fixed and
definite salaries. The legislature shall, from time to time, fix the
amount of such salaries as are not already fixed by this constitution,
which shall in all cases be in proportion to the value of the services
rendered and the duty performed.
Sec. 2. The legislature shall provide by law the fees which may
be demanded by justices of the peace and constables in precincts hav-
ing less than fifteen hundred population, and of court commissioners,
boards of arbitration and notaries public, which fees the said officers
shall accept as their full compensation. But all other State, county,
city, town and school officers shall be required to keep a true and cor-
rect account of all fees collected by them, and to pay the same into
the proper treasury when collected, and the officer whose duty it is
to collect such fees shall be held responsible, under his bond, for
neglect to collect the same. Provided, that in addition to the salary
of the sheriff they shall be entitled to receive from the party for
whom the services are rendered in civil cases such fees as may be
prescribed under the law.
Sec. 3. The salaries of county officers shall be fixed by law within
the following limits, to-wit : In counties having an assessed valuation
not exceeding two millions ($2,000,000) of dollars, the sheriff shall
be paid not more than fifteen hundred dollars per year. The county
clerk shall not be paid more than twelve hundred ($1,200) dollars per
year. The county and prosecuting attorney shall not be paid more
that twelve hundred dollars ($1,200) per year. The county treasurer
shall not be paid more than one thousand ($1,000) dollars per year.
The county superintendent of schools shall not be paid more than five
hundred ($500) dollars per year.
In counties having an assessed valuation of more than two millions
($2,000,000) of dollars and not exceeding five millions $5,000,000) of
dollars, the sheriff shall not be paid more than two thousand ($2,000)
dollars per year. The county clerk shall not be paid more than
4 1 44 Wyoming — / 889
eighteen hundred ($1,800) dollars per year. The county treasurer
shall not be paid more than eighteen hundred ($1,800) dollars per
year. The county assessor shall not be paid more than twelve hun-
dred ($1,200) dollars per year. The county and prosecuting attorney
shall not be paid more than fifteen hundred ($1,500) dollars per year.
The county superintendent of schools shall not be paid more than
seven hundred and fifty ($750) dollars per year.
In counties having more than five millions ($5,000,000) dollars as-
sessed valuation, the sheriff shall not be paid more than two thousand
($2,000) dollars per year. The county clerk shall not be paid more
than two thousand ($2,000) dollars per year. The county treasurer
shall not be paid more than two thousand ($2,000) dollars per year.
The county assessor shall not be paid more than fifteen hundred
($1,500) dollars per year. The county and prosecuting attorney shall
not be paid more twenty-five hundred ($2,500) dollars per year.
The county superintendent of schools shall not be paid more than
one thousand ($1,000) dollars per 3'ear. The county surveyor in each
county shall receive not to exceed eight ($8.00) dollars per day, for
each day actually engaged in the performance of the duties of his
office.
Sec. 4. The legislature shall provide b}' general law for such dep-
uties as the public necessities may require, and shall fix their com-
pensation.
Sec. 5. Any county officers performing the duties usually per-
formed by the officers named in this article shall be considered as re-
ferred to by Section 3 of this article, regardless of the title by which
their offices may hereafter be designated.
Sec. G. A^lienever practicable the legislature may, and whenever
the same can be done without detriment to the public service, shall
consolidate offices in State, county and municipalities, respectively,
and whenever so consolidated, the duties of such additional office shall
be performed under an ex-officio title.
Article XV
TAXATION AND REVENUE
Section 1. All lands and improvements thereon shall be listed for
assessment, valued for taxation and assessed separately.
Sec. 2. All coal lands in the State from which coal is not being
mined shall be listed for assessment, valued for taxation and assessed
according to value.
Sec. 3. All mines and mining claims from which gold, silver and
other precious metals, soda, saline, coal, mineral oil or other valuable
deposits, is or may be produced shall be taxed in addition to the sur-
face improvements, and in lieu of taxes on the lands, on the gross
product thereof, as may be prescribed by law ; provided, that the
product of all mines shall be taxed in proportion to the value thereof.
Sec. 4. For State revenue, there shall be levied annually a tax not
to exceed four mills on the dollar of the assessed valuation of the
propertj' in the State except for the support of State educational
and charitable institutions, the payment of the State debt and the
interest thereon.
Wyoming — 1889 4145
Sec. 5. For county revenue there shall be levied annually a tax not
to exceed twelve mills on the dollar for all purposes including general
school tax, exclusive of state revenue, except for the payment of its
public debt and the interest thereon. An additional tax of two dol-
lars for each person between the ages of twenty-one years and fifty
years, inclusive, shall be annually levied for county school purposes.
No. 6. No incorporated city or town shall levy a tax to exceed
eight mills on the dollar in any one year, except for the payment of
its public debt and the interest thereon.
Sec. 7. All money belonging to the State, or to any county, city,
town, village or other sub-division therein, except as herein otherwise
provided, shall, whenever practicable, be deposited in a national bank
or banks, or in a bank or banks incorporated under the laws of this
State; provided, that the bank or banks in which such money is
deposited shall furnish security to be approved as provided by law,
and shall also pay a reasonable rate of interest thereon. Such interest
shall accrue to the fund from which it is derived.
Sec. 8. The making of profit, directly or indirectly, out of State,
county, city, town or school-district money or other public fund, or
using the same for any purpose not authorized by law, by any public
officer, shall be deemed a felony, and shall be punished as provided
by law.
Sec. 9. There shall be a state board, composed of the state auditor,
treasurer and secretary of state.
Sec. 10. The duties of the state board shall be as follows : To fix a
valuation each year for the assessment of live stock and to notify the
several county boards of equalization of the rate so fixed at least ten
(10) days before the day fixed for beginning assessments; to assess
at their actual value the franchises, roadway, roadbed, rails and roll-
ing stock and all other property used in the operation of all railroads
and other common carriers, except machine shops, rolling mills and
hotels in this state; such assessed valuation shall be apportioned to
the counties, in which said roads and common carriers are located, as
a basis for taxation of such property ; provided, that the assessment
so made shall not apply to incorporated towns and cities. Said board
shall also have power to equalize the valuation on all property in the
several counties for the state revenue and such other duties as may be
prescribed by law.
Sec. 11. All property, except as in this constitution otherwise pro-
vided, shall be uniformly assessed for taxation, and the legislature
shall prescribe such regulations as shall secure a just valuation of
all property, real and personal.
Sec. 12. The property of the United States, the State, counties,
cities, towns, school-districts, municipal corporations and public
libraries, lots with the buildings thereon used exclusively for reli-
gious worship, church, parsonages, public cemeteries, shall be i-xempt
from taxation, and such other property as the legislature may by
general law provide.
Sec. 13. No tax shall be levied, except in pursuance of law, and
every law imposing a tax shall state distinctly the object of the same,
to which only it shall be applied.
Sec. 14. The power of taxation shall never be surrendered or sus-
pended by any grant or contract to which the State or any county or
other municipal corporation shall be a party.
4146 Wyoming— 1889
Article No. XVI
PUBLIC INDEBTEDNESS
Section 1. Tlie State of Wyoming shall not, in any manner, create
am' indebtedness exceeding one per centum on the assessed value of
the taxable property in the State, as shown b}^ the last general assess-
ment for taxation, preceding: except to suppress insurrection or to
provide for the ])ublic defense.
Sec 2, No' debt in excess of the taxes for the current year, shall in
any manner be created in the State of Wyoming, unless the proposi-
tion to create such debt shall have been submitted to a vote of the
people and by them approved; except to suppress insurrection or to
provide for the public defense.
Sec. 3. No county in the State of Wyoming shall in any manner
create any indebtedness, excepting two per centum on the assessed
value of taxable jjroperty in such county, as shown by the last general
assessment, preceding; provided, however, that any county, city, town,
village or other subdivision thereof in the State of Wyoming, may
bond its public debt existing at the time of the adoption of this con-
stitution, in any sum not exceeding four per centum on the assessed
value of the taxable property in such county, city, town, village or
other subdivision, as shown by the last general assessment for taxation.
Sec. 4. No debt in excess of the taxes for the current year shall, in
any manner, be created by any county or subdivision thereof, or any
city, town or village, or any subdivision thereof in the State of Wyo-
ming, unless the ])roi)osition to create such debt shall have been sub-
mitted to a vote of tlie i)eople thereof and by them approved.
Sec 5. No city, town or village, or any subdivision thereof, or any
subdivision of any county of the State of Wyoming, shall, in any
manner, create any indebtedness exceeding two per centum the as-
sessed value of the taxable property therein ; provided, however, that
any city, town or village may be authorized to create an additional
indebtedness, not exceeding four per centum on the assessed value of
the taxable property therein as shown by the last preceding general
assessment, for purpose of building se Average therein, debts con-
tracted for supplying water to such city or town are excepted from
the operation of this section.
Sec 6. Neither the State nor any county, city, township, town,
school -district, or any other j^olitical subdivision, shall loan or give
its credit or make donations to or in aid of any individual, associa-
tion or corporation, except for the necessary sup]3ort of the poor, nor
subscribe to or become the owner of the capital stock of an}^ asso-
ciation or corporation. The State shall not engage in any work of
internal improvement unless authorized by a two-thirds vote of the
people.
Sec 7. No money shall be paid out of the state treasury except
upon appropriation by law and on warrant drawn by the proper
officer, and no bills, claims, accounts or demands against a state,
county or political subdivision, shall be audited, allowed or paid
until a full itemized statement in writing, verified by affidavit, shall
be filed with the officer or officers whose duty it may be to audit the
same.
Wyoming^l889 4147
Sec. 8. No bond or evidence of indebtedness of the State shall be
valid unless the same shall have endorsed thereon a certificate signed
by the auditor and secretary of state that the bond or evidence of
debt is issued pursuant to law and is within the debt limit. No
bond or evidence of debt of any county, or bond of any township or
other political subdivision shall be valid unless the same have en-
dorsed thereon a certificate signed by the county auditor or other
officer authorized by law^ to sign such certificate, stating that said
bond or evidence of debt is issued pursuant to law and is within the
debt limit.
Article XVII
STATE MILITIA
Section 1. The militia of the State shall consist of all able-bodied
male citizens of the State, between the ages of eighteen and forty-five
years; except such as are exempted by the laws of the United States
or of the State. But all such citizens having scruples of conscience
averse tq, bearing arms shall be excused therefrom upon such condi-
tions as shall l)e prescribed by law.
Sec. 2. The legislature shall provide by law for the enrollment,
equipment and discipline of the militia to conform as nearly as prac-
ticable to the regulations for the government of the armies of the
United States.
Sec. 3. All militia officers shall be commissioned by the Governor,
the manner of their selection to be provided by law, and may hold
their commissions for such period of time as the legislature may
provide.
Sec. 4. No military organization under the laws of the State shall
carry any banner or flag representing any sect or society or the flag
of any nationality but that of the United States.
Sec. 5. The governor shall be the commander-in-chief of all the
militia forces of the State, and shall have power to call out the militia
to preserve the public peace, to execute the laws of the State, to sup-
press insurrection or repel invasion.
Article XVIII
PUBLIC LANDS AND DONATIONS
Section 1. The State of Wyoming hereby agrees to accept the
grants of lands heretofore made, or that may be hereafter made by
the United States to the State, for educational purposes, for public
buildings and institutions and for other objects, and donations of
money with the conditions and limitations that may be imposed by
the act or acts of congress, making such grants or donations. Such
lands shall be disposed of only at public auction to the highest
responsible bidder, after having been duly appraised by the land com-
missioners at not less than three-fourths of the appraised value thereof,
and for not less than $10 per acre. Provided, that in case of actual
and bona fide settlement and improvement thereon at the time of the
adoption of this constitution, such actual settler shall have the pref-
erence right to purchase the land whereon he may have settled, not
4148 Wyoming— 1889
exceeding IGO acres at a sum not less than the appraised vahie thereof,
and in making such appraisement the vahie of improvements shall
not be taken into consideration. If, at any time hereafter, the United
States shall grant any arid lands in the State to the State, on condi-
tion that the State reclaim and dispose of them to actual settlers, the
legislature shall be authorized to accept such arid lands on such con-
ditions, or other conditions, if the same are practicable and reasonable.
Sec. 2. The proceeds from the sale and rental of all lands and other
property donated, granted or received, or that may hereafter be
donated, granted or received, from the United States or any other
source, shall be inviolabh' aj^propriated and applied to the specific
purposes specified in the original grant or gifts.
Sec. 3. The governor, superintendent of public instruction and
secretary of State shall constitute a board of land commissioners who,
under such regulations as may be provided by law, shall have the
direction, control, disposition and care of all lands that have been
heretofore or may hereafter be granted to the State.
Sec. 4. The legislature shall enact the necessary laws for the sale,
disposal, leasing or care of all lands that have been or may hereafter
be granted to the State, and shall, at the earliest practicable period,
provide by law for the location and selection of all lands that have
been or may hereafter be granted by congress to the State, and shall
pass laws for the suitable keeping, transfer and disbursement of the
land grant funds, and shall require of all officers charged with the
same or the safe keeping thereof to give ample bonds for all moneys
and funds received by them.
Sec. 5. Except a preference right to buy as in this constitution
otherwise provided, no law shall ever be passed by the legislature
granting any privileges to persons who may have settled upon any of
the school lands granted to the State subsequent to the survey
thereof by the general government, by which the amount to be de-
rived by the sale, or other disposition of such lands, shall be dimin-
ished directly or indirectly.
Sec. 6. If any portion of the interest or income of the perpetual
school fund be not expended during any year, said portion shall be
added to and become a part of the said school fund.
Article No. XIX
MISCELLANEOUS
LIVE STOCK
Section 1. The legislature shall pass all necessary laws to provide
for the protection of live stock against the introduction or spread of
Ijleuro-pneumonia. glanders, splenetic or Texas fever, and other
infectious or contagious diseases. The legislature shall also estab-
lish a system of quarantine, or inspection, and such other regulations
as may be necessary for the protection of stock owners, and most con-
ducive to the stock interests within this State.
CONCERNING LABOR
Section 1. Eight (8) hours actual work shall constitute a lawful
day's work in all mines, and on all State and municipal works.
Wijoming—1889 4149
LABOR ON PUBLIC WOEKS
Section 1. No person not a citizen of the United States or who
has not declared his intentions to become such, shall be employed
upon or in connection with any state, county or municipal works or
employment.
Sec. 2. The legislature shall by appropriate legislation see that the
provisions of the foregoing section are enforced.
BOARDS OF ARBITRATION
Section 1. The legislature shall establish courts of arbitration,
whose duty it shall be to hear, and determine all differences, and con-
troversies between organizations or associations of laborers, and their
employers, which shall be submitted to them in such manner as the
legislature may provide.
POLICE POWERS
Section 1. No armed police force, or detective agency, or armed
body, or unarmed body of men, shall ever be brought into this State,
for the suppression of domestic violence, except upon the application
of the legislature, or executive, when the legislature cannot be con-
vened.
LABOR CONTRACTS
Section 1. It shall be unlawful for any person, company or cor-
poration, to require of its servants or employes as a condition of their
employment, or otherwise, any contract or agreement, whereby such
person, company or corporation shall be released or discharged from
liability or responsibility, on account of personal injuries received
by such servants or employes, while in service of such person, com-
pany or corporation, by reason of the negligence of such person, com-
pany or corporation, or the agents or employes thereof, and such con-
tracts shall be absolutelv null and void.
ARBITRATION
Section 1. The legislature may provide by law, for the voluntary
submission of differences to arbitrators for determination, and said
arbitrators shall have such powers and duties as may be prescribed
by laAv, but they shall have no power to render judgment to be
obligatory on parties, unless they voluntarily submit their matters
of difference and agree to abide the judgment of such arbitrators.
HOMESTEADS
" Section 1. A homestead as provided by law shall be exempt from
forced sale under any process of law, and shall not be alienated with-
out the joint consent of husband and wife, when that relation exists;
but no property shall be exempt from sale for taxes, or for the pay-
ment of obligations contracted for the purchase of said premises, or
for the erection of improvements thereon.
o Placed at beginning of Article XIX in edition of 1889, as adopted. See
" Memorial to the President and Congress for the admission of Wyoming Terri-
tory to the Union. With Appendices showing the action taken by the people,
and the Constitution, as adopted. Cheyenne, Wyoming : Bristol & Knabe Print-
ing Company. 1899." 74 pp.
7535— VOL 7—09 -24 ' .
4150 Wyoming— 1889
Article No. XX
AMENDMENTS
Section 1. Any amendment or amendments to this constitution
may be proposed in either branch of the legislature, and, if the same
shall be agreed to by two-thirds of all the members of each of the
two houses, voting separatel3% such proposed amendment or amend-
ments shall, with the yeas and nays thereon, be entered on their
journals, and it shall be the duty of the legislature to submit such
amendment or amendments to the electors of the State at the next
general election, and cause the same to be published without delay
for at least twelve (12) consecutive weeks, prior to said election, in
at least one newspaper of general circulation, published in each
county, and if a majority of the electors shall ratify the same, such
amendment or amendments shall become a part of this constitution.
Sec. 2. If two or more amendments are proposed, they shall be
submitted in such manner that the electors shall vote for or against
each of them separately.
Sec. 3. Whenever two-thirds of the members elected to each branch
of the legislature shall deem it necessary to call a convention to revise
or amend this constitution, they shall recommend to the electors to
vote at the next general election, for or against a convention, and if
a majority of all the electors voting at such election shall have voted
for a convention, the legislature shall at the next session provide by
law for calling the same ; and such convention shall consist of a num-
ber of members, not less than double that of the most numerous
branch of the legislature.
Sec. -4. Any constitution adopted by such convention shall have no
validity until it has been submitted to and adopted by the people.
Article Xo. XXI
schedule
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, claims, liabilities and ob-
ligations against the Territory of Wyoming, of whatever nature, 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
Wyoming, shall be as valid as if issued in the name of the State.
Sec. 2. All property, real and personal, and all moneys, credits,
claims and choses in action, belonging to the Territory of Wyoming,
at the time of the adoption of this constitution, shall be vested in and
become the property of the State of Wyoming.
Sec. 3. All laAvs now in force in the Territory of Wyoming, which
are not repugnant to this constitution, shall remain in force until
they expire by their own limitation, or be altered or repealed by the
legislature.
Sec. 4. All fines, ]:)enalties, forfeitures and escheats, accruing to the
Territory of Wyoming, shall accrue to the use of the State.
Wyoming— 1889 4151
Sec. 5. AH recognizances, bonds, obligations or other undertakings
heretofore taken, or which may be taken before the organization of
the judicial department under this constitution shall remain valid,
and shall pass over to and may be prosecuted in the name of the State,
and all bonds, obligations or other undertakings executed to this Ter-
ritory, or to any officer in his official capacity, shall pass over to the
proper State authority and to their successors in office, for the uses
therein respectively expressed, and may be sued for and recovered
accordingly. All criminal prosecutions and penal actions which have
arisen or which may arise before the organization of the judicial de-
partment under this constitution, and which shall then be pending,
may be prosecuted to judgment and execution in the name of the State.
Sec. C). All officers, civil and military, holding their offices and ap-
pointments 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 suspended
under this constitution.
Sec. 7. This constitution shall be submitted for adoption or rejec-
tion to a vole of the qualified electors of this Territory, at an election
to be held on the first Tuesday in November, A. D. 1889. Said elec-
tion, as nearly as may be, shall be conducted in all respects in the
same manner as provided by the laws of the Territory for general
elections, and the returns thereof shall be made to the secretary of
said Territory, who with the governor and chief justice thereof, or
any two of them, shall canvass the same and if a majority of the legal
votes cast shall be for the constitution the governor shall certify the
result to the president of the United States, together with a state-
ment of the votes cast thereon and a copy of said constitution, articles,
propositions and ordinances. At the said election the ballots shall be
in the following form: "For the Constitution — Yes. No." And as
a heading to each of said ballots, shall be printed on each ballot the
following instructions to voters: "All persons who desire to vote for
the constitution may erase the Avord ' No.' All persons who desire to
vote against the constitution may erase the word ' Yes.' " Any per-
son may have printed or written on his ballot only the words: " For
the Constitution " or "Against the constitution," and such ballots
shall be counted for or against the constitution accordingly.
Sec. 8. This constitution shall take effect and be in full force im-
mediately upon the admission of the Territory as a State.
Sec. 9. Immediately upon the admission of the Territory as a State,
the governor of the Territory, or in case of his absence or failure to
act, the secretary of the Territory, or in the case of his absence or
failure to act, the president of this convention, shall issue a proclama-
tion, which shall be published and a copy thereof mailed to the chair-
man of the board of county commissioners of each county calling an
election by the people for all State, district and other officers, created
and made elective by this constitution, and fixing a day for such
election, which shall not be less than forty days after the date of
such proclamation nor more than ninety days after the admission of
the Territory as a State.
Sec. 10. The board of commissioners of the several counties shall
thereupon order such election for said day, and shall cause notice
thereof to be given, in the manner and for the length of time provided
by the laws of the Territory in cases of general elections for delegate
4152 Wyoming— 1889
to congress, and county and other offices. Every qualified elector of
the Territory at the date of said election shall be entitled to vote
thereat. Said election shall be conducted in all respects in the same
manner as provided by the laws of the Territory for general elec-
tions, and the returns thereof shall be made to the canvassing board
hereinafter provided for.
Sec. 11. 'The governor, secretary of the territory, and president of
this convention, or a majority of them, shall constitute a board of
canvassers to canvass the vote of such election for member of congress,
all state and district officers and members of the legislature. The said
board shall assemble at the seat of government of the Territorv on the
thirtieth day after the day of such election (or on the following day
if such day fall on Sunday) and proceed to canvass the votes for
all state and district officers and members of the legislature, in the
manner provided bj^ the laws of the Territory for canvassing the vote
for delegate to congress, and they shall issue certificates of election
to the persons found to be elected to said offices, severally, and shall
make and file with the secretary of the territory an abstract certified
by them, of the number of votes cast for each person, for each of said
offices, and of the total number of votes cast in each county.
Sec, 12. All officers elected at such election, except members of the
legislature shall, within thirty days after they have been declared
elected, take the oath required by this constitution, and give the same
bond required by the law of the Territory to be given in case of like
officers of the territory or district, and shall thereupon enter upon
the duties of their respective offices; but the legislature may require
by law all such officers to give other or further bonds as a condition
of their continuance in office.
Sec. 13. The governor elect of the State, immediately upon his
qualifying and entering upon the duties of his office, shall issue his
proclamation convening the legislature of the State at the seat of
government, on a day to be named in said proclamation, and which
shall not be less than thirty nor more than sixty clays after the date
of said proclamation. Within ten days after the organization of the
legislature, both houses of the legislature, in joint session, shall then
and there proceeded to elect, as provided by law, two senators of- the
United States for the State of Wyoming. At said election the two
persons who shall receive the majority of all the votes cast by said
senators and representatives shall be elected as such United States
senators, and shall be so declared by the presiding officers of said
joint session. The presiding officers of the senate and house shall
issue a certificate to each of said senators certifying his election,
w^hich certificates shall also be signed by the governor and attested
by the secretary of state.
Sec. 14. The legislature shall pass all necessary laws to carry into
effect the provisions of this constitution.
Sec. 15. A^lienever any two of the judges of the supreme court of
the State, elected under the provisions of this constitution, shall have
qualified in their offices the causes then pending in the supreme court
of the Territory, and the papers, records and proceedings of said
court, and the seal and other property pertaining thereto, shall pass
into the jurisdiction and possession of the supreme court of the State;
and until so superceded the supreme court of the Territory and the
Wyoming— 1889 4153
judges thereof shall continue with like powers and jurisdiction, as if
this constitution had not been adopted. AVhenever the judge of the
district court of any district, elected under the provisions of this
constitution, shall have qualified in office, the several causes then
pending in the district court of the Territory, within any county in
such district, and the records, papers and proceedings of said district
court and the seal and other property pertaining thereto, shall pass
into the jurisdiction and possession of the district court of the State
for such county ; and until the district courts of this Territory shall
be superceded in the manner aforesaid, the said district courts and
the judges thereof shall continue with the same jurisdiction and
power to be exercised in the same judicial districts respectively as
heretofore constituted under the laws of the Territory.
Sec. 1G. Until otherwise provided by law the seals now in use in
the supreme and district courts of this Territory are hereby declared
to be the seals of the supreme and district courts, respectively, of the
State.
Sec. 17. Whenever this constitution shall go into effect, records
and papers and proceedings of the probate court in each county, and
all causes and matters of administration and other matters pending
therein, shall pass into the jurisdiction and possession of the district
court of the same county, and the said district court shall proceed to
final decree or judgment order or other determination in the said
several matters and causes, as the said probate court might have done
if this constitution had not been adopted.
Sec. 18. Senators and members of the house of representatives
shall be chosen by the qualified electors of the several senatorial and
representative districts as established in this constitution, until such
districts shall be changed by law, and thereafter by the qualified elect-
ors of the several districts as the same shall be established by law.
Sec. 19. All county and precinct officers who may be in office at
the time of the adoption of this constitution, shall hold their respective
offices for the full time for which they may have been elected, and
until such time as their successors may be elected and qualified, as
may be provided by law, and the official bonds of all such officers
shall continue in full force and effect as though this constitution had
not been adopted.
Sec. 20. Members of the legislature and all State officers, district
and supreme judges elected at the first election held under this cour
stitution shall hold their respective offices for the full term next en-
suing such election, in addition to the period intervening between
the date of their qualification and the commencement of such full
term.
Sec. 21. If the first session of the legislature under this constitu-
tion shall be concluded within twelve months of the time designated
for a regular session thereof, then the next regular session follow-
ing said special session shall be omitted.
Sec. 22. The first regular election that would otherwise occur fol-
lowing the first session of the legislature, shall be omitted, and all
county and precinct officers elected at the first election held under this
constitution shall hold their office for the full term thereof commenc-
ing at the expiration of the term of the county and precinct officers
then in office, or the date of their qualification.
4154 Wyoming— 1889
Sec. 23. This convention does hereby declare on behalf of the
people of the Territory of Wyoming, that this constitution has been
prepared and submitted to the people of the Territory of Wyoming
for their adoption or rejection, with no purpose of setting up or or-
ganizing a state government until, such time as the congress of the
United States shall enact a law for the admission of the Territory
of Wyoming as a state under its provisions.
ORDI NANCIES
The following article shall be irrevocable w^ithout the consent of
the United States and the people of this State :
Section 1. The State of Wyoming is an inseparable part of the
Federal Union and the Constitution of the United States is the
supreme laAv of the land.
Sec. 2. Perfect toleration of religious sentiment shall be secured,
and no inhabitant of this State shall ever be molested in person or
property on account of his or her mode of religious worship.
Sec. 3. The people inhabiting this State do agree and declare that
they forever disclaim all right and title to the unappropriated pub-
lic lands lying within the boundaries thereof, and to all lands lying
within said limits owned or held by any Indian or Indian tribes,
and that until the title thereto shall have been extinguished by the
United States, the same shall be and remain subject to the disposition
of the United States and that said Indian lands shall remain under
the absolute jurisdiction and control of the congress of the United
States; that the lands belonging to citizens of the United States
residing without this state shall never be taxed at a higher rate than
the lands belonging to residents of this state ; that no taxes shall be
imposed by this state on lands or property therein, belonging to, or
which may hereafter be purchased by the United States, or reserved
for its use. But nothing in this article shall preclude this state from
taxing as other lands are taxed, any lands owned or held by any
Indian who has severed his tribal relations, and has obtained from
the United States or from any person, a title thereto, by patent or
other grant, save and except such lands as have been or may be
granted to any Indian or Indians under any acts of Congress con-
taining a jirovision exempting the lands thus granted from taxation,
which last mentioned lands shall be exempt from taxation so long,
and to such an extent, as is, or may be provided in the act of con-
gress granting the same.
Sec. 4. All debts and liabilities of the Territory of Wyoming shall
be assumed and paid by this State.
Sec. 5. The legislature sh Jl make laws for the establishment and
maintenance of systems of public schools wdiich shall be open to all
the children of the State and free from sectarian control.
Done in open convention, at the City of Cheyenne, in the Territory
of Wyoming, this 30th day of September, in the year of our Lord
one thousand eight hundred and eighty-nine.
Melville C. Brown, President.
Attest :
John K. Jeffrey, Secretary.
Wyoming — 1889 4155
Variatio7is from original copy of Constitution {as filed in office of
secretary of the Territory) made hy dhection of revision com-
mittee
Article No. 11, Boundaries
Inserted as one section of Article No. 2.
Article No. 19, Miscellaneous
Sections on "Arbitration " and " Board of Arbitration " inserted
as Sections 28 and 29 of Article No. 5 ; " Judicial Department," Sec-
tion 28 of same Article being made Section 30.
Article No. 7, Education
Section 13. Omitted as being identical in substance with Section
3, Article No. 18, " Public Lands and Donations : "
" Sec. 13. The governor, secretary of state, state treasurer and
superintendent of public instruction shall constitute the board of
land commissions, which, under direction of the legislature, as lim-
ited by this constitution, shall have direction, control, leasing and
disposal of the lands of the State granted, or Avhich may be hereafter
granted for the support and benefit of public schools, subject to the
further limitations that the sale of all lands shall be at public auc-
tion, after such delay (not less than the time fixed by congress) in
portions at proper intervals of time, and at such minimum prices
(not less than the minimum fixed by congress) as to realize the
largest possible proceeds."
APPENDIX"
Arkansas, constitution of 1864,
Article VII. Sec. 20. (See p. 320.)
Kansas, constitution of 1859,
Ohio constitution of 1851.
Article !). Sec. 3. Sec. 4. (See p. 1254.)
Article II. Sec. 2. (See p. 2915.)
Article II. Sec. 10. (See p. 2917.)
Article III. Sec. 1. (See p. 2919.)
Article IV. Sec. 1, Sec. 2, Sec. 5, Sec. 6, Sec. 11. (See pages 2921-2924.)
Article X. Sec. 2. Sec. 4. (See p. 2927.)
Article XI. Sec. 2. (See p. 2928.)
Article XII. Sec. 2. (See p. 2931.)
Article XIII. Sec. 3. (See p. 2921.)
Maine, constitution of 1819. (See p. 1646.)
Michigan, constitution of 1850. (See p. 1944.)
New .Jersey, constitution of 1844. (See p. 2.^)99.)
West Virginia, constitution of 1872. (See p. 4033.)
Arkansas, constitution of 1S64, Art. VII. Sec. 20. p. 320.
Tbe qualified voters of each county shall elect one sheriff, one coroner,
and one county surveyor, for the term of two years, and until their sue
cessors are elected. They shall be commissioned by the governor, reside in
their respective counties during their continuance in ottice. and be dis-
qualified for the office a second term, if it should appear that they or either
of them are in default for moneys collected by virtue of their respective
offices.
Kansas, constitution of 1859, Art. 9.
Sec. 3. All county officers shall hold their offices for the terra of two years,
and until their successors shall be qualified ; but no person shall hold the
office of sheriff or county treasurer for more than two consecutive terin.s.
Sec. 4. Township officers, except justices of the peace, shall hold their
offices one year from the Monday next succeeding their election, and until
their successors are qualified. [See p. 1254.]
Ohio, constitution of 1851.
Art. II, Sec. 2, read originally : Senators and representatives shall be
elected biennially, by the electors in the respective counties or districts, on
the second Tuesday of October ; their term of office shall commence on the
first day of January next thereafter, and continue two years. [See p. 2915
for amendment of 1885.]
Art. II, Sec. 16, read originally : Every bill shall be fully and distinctly
read, on three different days, unless in case of urgency, three-fourths of the
house in which it shall be pending shall dispense with this rule. No bill
shall contain more than one suliject, which shall be clearly expressed in its
title; and no law shall be revived or amended unless the new act contain
the entire act revived, or the section or sections amended ; and the section
or sections so amended shall be repealed. [Amended, 1903. See pages 2910,
2917.]
Art. Ill, Sec. 1, read originally: The executive department shall consist
of a governor, lieutenant-governor, secretary of state, auditor, treasurer,
and an attorney-general, who shall be chosen by the electors of the State,
on the second Tuesday of October, and at the places of voting for members
of the general assembly. [Amended, 1885. See p. 2919.]
oThe present (1907) official text of the constitutions of Kansas (1859), Ohio
(1851), Maine (1819), Michigan (1850), New .Jersey (1844). and West Virginia
(1872) incorporates later amendments; the text of these respective constitutions
is here reprinted in original form. [Editor.]
4157
4158 Appendix
Ohio, constitution of 1851 — Continued.
Art. IV, Sec. 1, read originally: The judicial power of the State shall be
vested in a supreme court, in district cuurts, courts of common pleas, courts
of probate, justices of the peace, and in such other courts, inferior to the
supreme court, in one or more counties, as the general assembly may from
time to time establish. [Amended, 1883. See p. 2021.]
Sec. 2 read originally : The supreme court shall consist of five judges, a
majority of whom shall be necessary to form a quorum or to pronounce a
decision. It shall have original jurisdiction in (jiio uarranto. mandamus,
habeas corpus, and procedendo, and such appellate jurisdiction as may be
provided by law. It shall hold at least one term in each year at the seat
of government, and such other terms, at the seat of government or else-
where, as may be provided by law. The judges of the supreme court shall
be elected bv the electors of the State at large. [Amended, 1883. See p.
2921.1
Art. IV, Sec. 5 (repealed 1893), read: District courts shall be composed
of the judges of the courts of conuuon pleas of the respective districts, and
one of the judges of the supreme court, any three of whom shall be a
quorum, and shall be held in each county therein at least once in each
year ; but if it shall be found inexpedient to hold such court annually in
each county of any district, the general assembly may, for such district,
provide that said court shall hold at least three annual sessions therein, in
not less than tlmv places; I'roridrd. That the general assembly may, by
law. authorize the judges of each district to fix the times of holding the
courts therein. [See p. 2922.]
Art. IV, Sec. (>. read originally: The district court shall have like original
jurisdiction with the sujireme court, and such appellate jurisdiction as
may be provided by law. [Amended, 1883. See p. 2922.]
Art. IV, Sec. 11 (repealed 1883). read: The judges of the supreme court
shall, innnediately after the first election under this constitution, be classi-
fied by lot, so that one shall hold for the term of one year, one for two
years, one for three years, one for four years, and one for five years; and
at all subsequent elections, the term of each of the said judges shall be for
five yeiirs. [See p. 2922.]
Art. X, Sec. 2 (amended 1885). read originally: County officers shall be
elected on the second Tuesday of October, until otherwise directed by law,
by the qualified electors of each count.\', in such manner, and for such term,
not exceeding three years, as may be provided by law. [See p. 2927.]
Sec. 4 (amended 1885), read originally: Township officers shall be
elected on the first Monday of Ai)ril. annually, by the qualified electors of
their resjtective townships, and shall hold their offices for one year from the
Monday next succeeding their election and until their successors are quali-
fied. [See p. 2927.]
Art. XI, Sec. 2 (amended 1903), read originally: Every county having a
population eipial to one half of said ratio shall be entitled to one repre-
sentative : every county containing said ratio, and three-foiu'ths over, shall
be entitled to two rei»resentatives ; every county containing three times said
ratio shall be entitled to three representatives, and so on, requiring, after
the first two, an entire ratio for each additional representative. [See p.
2926.]
Art. XII, Sec. 2 (amended 1905), read originally: Laws shall be passed
taxing l)y a uniform rule all moneys, credits, investments in bonds, stocks,
joint-stock companies, or otherwise ; and also all real and personal prop-
erty according to its true value in money ; but burying-grounds, public-
school houses, houses used exclusively for public worship, institutions of
purely public charity, public property used exclusively for any public pur-
pose : and personal property to an amount not exceeding in value two hun-
dred dollars, for each individual, may, by general laws, be exempted from
taxation ; but all such laws shall be subject to alteration or repeal, and the
value of all property so exempted shall, from time to time, be ascertained
and published, as may be directed by law. [See p. 2930.]
Art. XIII, Sec. 3 (amended 1903). read originally: Dues from corpora-
tions shall be secured by such individual liability of the stockholders, and
other means, as may be prescribed by law : but, in all cases, each stock-
holder shall be liable, over and above the stock by him or her owned, and
any amount unpaid thereon, to a further sum at least equal in amount to
such stock. [See p. 2931.]
Appendix 4159
THE CONSTITUTION OF MAINE— 1819 «
We, the people of Maine, in order to establish justice, insure tran-
quillity, provide for our natural defence, promote our common wel-
fare, and secure to ourselves and our posterity the blessings of
liberty, acknowledgiiig , with grateful hearts, the goodness of the
Sovereign Ruler of the Universe in affording us an opportunity so
favorable to the design, and imploring His aid and direction in its
accomplishment, do agree to form ourselves into a free and inde-
pendent State, by the style and title of the State of Maine, and do
ordain and establish the following constitution for the government
of the same :
Artict.e I
DECLARATION OF RIGHTS
Section 1. All men are born equally free and independent, and
have certain natural, inherent, and unalienable rights, among which
are those of enjoying and defending life and liberty, acquiring, pos-
sessing, and protecting property, and of pursuing and obtaining
safety and happiness.
Sec. 2. All power is inherent in the people; all free governments
are founded in their authority, and instituted for their benefit; they
have, therefore, an unalienal3le and indefeasible right to institute
government, and to alter, reform, or totally change the same, when
their safety and happiness require it.
Sec. 3. All men have a natural and unalienable right to worship
Almighty God according to the dictates of their own consciences, and
no one shall be hurt, molested, or restrained in his person, liberty, or
estate, for worshipping God in the manner and season most agreeable
to the dictates of his own conscience, nor for his religious professions
or sentiments, provided he does not disturb the public peace, nor
obstruct others in their religious worship ; and all persons demeaning
themselves peaceably, as good members of the State, shall be equally
under the protection of the laws, and no subordination nor preference
of any one sect or denomination to another shall ever be established by
law, nor shall any religious test be required as a qualification for any
office or trust under this State ; and all religious societies in this State,
whether incorporate or unincorporate, shall at all times have the ex-
clusive right of electing their public teachers, and contracting with
them for their support and maintenance.
Sec. 4. Every citizen may freely speak, write, and pul)lish his sen-
timents on any subject, being responsible for the abuse of this liberty.
No laws shall be passed regulating or restraining the freedom of the
ffl Massachusetts, by an act of her legislature, passed June 19, 1819, submitted
the question of separation to the the people of Maine, who, on July 19, 1819,
gave 17,091 votes in favor of forming an independent State, against 7,1.32 votes.
This constitution was formed by a convention which met at Portland October
11, 1819. and completed its labors October 29, when it adjourned until January
5, 1820, to receive the votes of the people on their work at a special election.
The result was the ratification of the constitution, which received 9,040 against
796, in addition to the illegal or unseasonable votes, of which there were 985
for ratification against 77.
4160 Appendix
press; and, in prosecutions for any publication respecting the official
conduct of men in public capacity, or the qualifications of those who
are candidates for the suffrages of the people, or where the matter
published is proper for public information, the truth thereof may be
given in evidence; and in all indictments for libels, the jury, after
having received the direction of the court, shall have a right to
determine, at their discretion, the law and the fact.
Sec. 5. The people shall be secure in their persons, houses, papers,
and possessions from unreasonable searches and seizures; and no
warrant to search any place, or seize any person or thing, shall issue
Avithout a special designation of the place to be searched, and the per-
son or thing to be seized, nor without probable cause, supported by
oath or affirmation.
Sec. G. In all criminal prosecutions, the accused shall have a right
to be heard by himself and his counsel, or either, at his election ; to
demand the nature and cause of the accusation, and have a copy
thereof; to be confronted by the witnesses against him; to have com-
pulsory process for obtaining witnesses in his favor; to have a speedy,
public, and impartial trial ; and, except in trials by martial law or
impeachment, by a jury of the vicinity. He shall not be compelled
to furnish or give evidouce against himself, nor be deprived of his life,
liberty, property, or ju-ivileges, but by judgment of his peers, or the
law of the land.
Sec. 7. No person shall be held to answer for a caj^ital or infamous
crime, unless on a presentment or indictment of a grand jury, except
in cases of impeachment, or in such cases of offences as are usually
cognizable by a justice of the peace, or in cases arising in the army or
nav3=', or in the militia when in actual service, in time of war or public
danger. The legislature shall provide by law a suitable and impar-
tial mode of selecting juries; and their usual number and unanimity,
in indictments and convictions, shall be held indispensable.
Sec. 8. No person for the same offence shall be twice put in jeopardy
of life or limb.
Sec. 9. Sanguinary laws shall not be passed ; all penalties and pun-
ishments shall be proportioned to the offence; excessive bail shall not
be required nor excessive fines imposed, nor cruel nor unusual pun-
ishments inflicted.
Sec. 10. All persons, before conviction, shall be bailable except for
capital offences, where the proof is evident or the presumption great;
and the privilege of the Avrit of huheas covpus shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety may
require it.
Sec. 11. The legislature shall pass no bill of attainder, ex 'post facto
law, nor law impairing the obligation of contracts, and no attainder
shall work corruption of blood nor forfeiture of estate.
Sec. 12. Treason against this State shall consist only in levying
war against it, adhering to its enemies, giving them aid and comfort.
No person shall be convicted of treason, unless on the testimony of
two witnesses to the same overt act, or confession in open court.
Sec. 13. The laws shall not be suspended, but by the legislature or
its authority.
Sec. 14. No person shall be subject to corporal punishment under
military law, except such as are employed in the army or navy, or in
the militia when in actual service, in time of war or j)ublic danger.
Appendix 4161
Sec. 15. The people have a right, at all times, in an orderly and
peaceable manner, to assemble and consult upon the common good,
to give instructions to their representatives, and to request of either
department of the government, by petition or remonstrance, redress
of their wrongs and grievances.
Sec. 1(3. Every citizen has a right to keep and bear arms for the
common defence; and this right shall never be questioned.
Sec. 17. No standing army shall be kept up in time of peace, with-
out the consent of the legislature ; and the military shall, in all cases
and at all times, be in strict subordination to the civil power.
Sec. 18. 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, but in a manner to be prescribed by law.
Sec. id. Every person, for an injury done him in his person, repu-
tation, property, or immunities, shall have remedy by due course of
law; and right and justice shall be administered freely and without
sale, completely and without denial, promptly and without delay.
Sec. 20. In all civil suits, and in all controversies concerning prop-
erty, the parties shall have a right to a trial by jury, except in cases
where it has heretofore been otherwise practised; the party claiming
the right may be heard by himself and his counsel, or either, at his
election.
Sec. 21. Private property shall not be taken for public uses with-
out just compensation, nor unless the public exigencies require it.
Sec. 22. No tax or duty shall be imposed without the consent of
the people or their representatives in the legislature.
Sec. 23. No title of nobility or hereditary distinction, privilege,
honor, or emolument, shall ever be granted or confirmed; nor shall
an}^ office be created, the appointment to which shall be for a longer
time than during good behavior.
Sec. 24. The enumeration of certain rights shall not impair nor
deny others retained by the people.
Article II
ELECTORS
Section 1. Every male citizen of the United States of the age of
twenty-one years and upw^ards, excepting paupers, persons under
guardianship, and Indians not taxed, having his residence established
in this State for the term of three months next preceding any elec-
tion, shall be an elector for governor, senators, and representatives,
in the tow^n or plantation wdiere his residence is so established, and
the elections shall be by written ballot. But persons in the military,
naval, or marine service of the United States, or this State, shall not
be considered as having obtained such established residence by being
stationed in any garrison, barrack, or military place, in any town or
plantation; nor shall the residence of a student at any seminary of
learning entitle him to the right of suffrage in the town or planta-
tion where such seminary is established.
Sec. 2. Electors shall, in all cases except treason, felony, or breach
of the peace, be privileged from arrest on the days of election, during
their attendance at, going to, and returning therefrom.
4162 Appendix
Sec. 3. No elector shall be obliged to do duty in the militia on any
day of election, except in time of war or public danger.
Sec. 4. The election of governor, senators, and representatives shall
be on the second Monday of September, annually, forever.
Article III
DISTRIBUTIOX OF POWERS
Section 1. The powers of this government shall be divided into
three distinct departments, the legislative, executive, and judicial.
Sec. 2. No person or persons belonging to one of these departments
shall exercise any of the powers pro])erly belonging to either of the
others, except in the cases herein expressly directed or permitted.
, Article IY. — Part First
legislative power IIOISE OF REPRESENTATV ES
Section 1. The legislative power shall l)e vested in two distinct
branches, a house of representatives and a senate, each to have a
negative on the other, and both to be styled the legislature of Maine;
and the style of their acts and laws shall be, ^"Be it enacted by the
senate and house of repirsentatires in legislature assemhled.^^
Sec. 2. The house of representatives shall consist of not less than
one hundred nor more than two hundred members, to be elected by
the qualified okn'tors for one year from the next day preceding the
annual meeting of the legislature. The legislature which shall fiirst
be convened under this constitution, shall, on or before the fifteenth
day of August, in the year of our Lord one thousand eight hundred
and twenty-one, and the legislature within every subsequent period
of at most ten years, and at least five, cause the number of the inhab-
itants of the State to be ascertained, exclusive of foreigners not
naturalized, and Indians not taxed. The number of representatives
shall, at the several periods of making such enumeration, be fixed
and apportioned among the several counties, as near as may be,
according to the iiuml)er of inhabitants, having regard to the relatiye
increa.se of i)0})uhition. The number of representatives shall, on said
first apportionment, be not less than one hundred nor more than one
hundred and fifty ; and whenever the number of rejDresentatives shall
be two hundred, at the next annual meetings of elections, which shall
thereafter be had, and at every subsequent period of ten years, the
people shall give in their votes whether the number of representatives
shall be increased or diminished; and if a majority of votes are in
favor thereof, it shall be the duty of the next legislature thereafter
to increase or diminish the number by the rule hereinafter prescribed.
Sec. 3. Each toAvn having fifteen hundred inhabitants may elect
one representative; each town having three thousand seven hundred
and fifty may elect two; each town having six thousand seven hun-
dred and fifty may elect three; each town having ten thousand five
hundred may elect four; each town having fifteen thousand may
elect five ; each town having twenty thousand two hundred and fifty
may elect six; each town having hventy-six thousand two hundred
Appendix 4163
and fifty mhabitants may elect seven; but no town shall ever be
entitled to more than seven representatives; and towns and j^lanta-
tions, duly organized, not having fifteen hundred inhabitants, shall
be classed, as conveniently as may be, into districts containing that
number, and so as not to divide towns; and each such district may
elect one representative; and when on this aj^portionment, the num-
ber of representatives shall l)e two hundred, a different apportionment
shall take place upon the above principle ; and, in case the fifteen hun-
dred shall be too large or too small to apportion all the representa-
tives to any county, it shall be so increased or diminished as to
give the number of representatives according to the above rule and
proportion; and Avhenover any town or towns, plantation or j)lanta-
tions, not entitled to elect a representative, shall determine against a
classification with any other town or plantation, the legislature may,
at each ajiportionment of representatives, on the application of such
town or plantation, authorize it to elect a representative for such
portion of time, and such periods, as shall be equal to its portion
of representation, and the right of representation, so established, shall
not be altered initil the next general apportionment.
Sec. 4. No person shall be a member of the house of representatives
unless he shall, at the connnencement of the period for which he is
elected, have been five years a citizen of the United States; have
arrived at the age of twenty-one years; have been a resident in this
State one year, or from the adoption of this constitution; and for the
three months next preceding the time of his election shall have been,
and during the period for which he is elected shall continue to be, a
resident in the town or district which he represents.
Sec. 5. The meetings for the choice of representatives shall be
warned, in due coui"se of law, by the selectmen of the several towns,
seven days at least before the election ; and the selectmen thereof shall
preside impartially at such meetings, receive the votes of all the quali-
fied electors present, sort, count, and declare them, in open town meet-
ing, and in the presence of the town clerk, who shall form a list of the
persons voted for, Avith the number of votes for each person against
his name, shall make a fair record thereof in the presence of the
selectmen, and in open town meeting; and a fair copy of this list shall
be attested by the selectmen and town clerk, and delivered l)y said
selectmen to each representative Avithin ten days next after such elec-
tion. And the toAvns and plantations, organized by hiAv, belonging to
any class herein proA^ided shall hold their meetings at the same time
in the respective toAAiis and plantations; and the toAAii and plantation
meetings in such toAA^ns ancl plantations shall be notified, held, and
regulated, the Azotes received, sorted, counted, and declared in the
same manner. And the assessors and clerks of plantations shall haA^e
all the poAvers, and be subject to all the duties, Avhich selectmen and
toAvn clerks haA^e and are subject to by this constitution. And the
selectmen of such toAvns, and the assessors of such plantations so
classed, shall, AAdthin four days next after such meeting, meet at some
place, to be prescribed and notified by the selectmen or assessors of
the eldest toAvn or plantation in such class, and the copies of said lists
shall be then examined and comj^ared ; and, in case any person shall
be elected by a majority of all the votes, the selectmen or assessors
shall deliv er the certified copies of such lists to the person so elected,
4164 Appendix
within ten days next after such election, and the clerks of towns and
plantations, respectively, shall seal up copies of all such lists, and
cause them to be delivered into the secretary's office twenty days at
least before the first AVednesda}', in January, annually ; but, in
case no person shall have a majority of votes, the selectmen and
assessors shall, as soon as ma}^ be, notify another meeting, and the
same proceedings shall be at every future meeting until an election
shall have been effected: Provided^ That the legislature may, b}^ law,
prescribe a different mode of returning, examining, and ascertaining
the election of the representatives in such classes.
Sec. 6. Whenever the seat of a member shall be vacated, by death,
resignation, or otherwise, the vacancy may be filled by a new election.
Sec. 7. The house of representatives shall choose their speaker,
clerk, and other officers.
Sec. 8. The house of representatives shall have the sole power of
impeachment.
Article IV. — Part Second
senate
Section 1. The senate shall consist of not less than twenty nor
more than thirty-one members, elected at the same time, and for the
same term, as the representatives, by the qualified electors of the dis-
tricts into which the State shall from time to time be divided.
Sec. 2. The legislature which shall be first convened under this
constitution shall, on or before the fifteenth day of August, in the
year of our Lord one thousand eight hundred and twenty-one, and
the legislature at every subsequent period of ten years, cause the State
to be divided into districts for the choice of senators. The districts
shall conform, as near as may be, to county lines, and be apportioned
according to the number of inhabitants. The number of senators
shall not exceed twenty at the first apportionment, and shall, at each
apportionment, be increased until they shall amount to thirty-one,
according to the increase in the house of representatives.
Sec. 3. The meetings for the election of senators shall be notified
held, and regulated, and the votes received, sorted, counted, declared,
and recorded, in the same manner as those for representatives. And
fair copies of the lists of votes shall be attested by the selectmen and
town clerks of towns, and the assessors and clerks of plantations,
and sealed up in open town and plantation meetings, and the town
and plantation clerks, respectively, shall cause the same to be deliv-
ered into the secretary's office, thirty days at least before the first
Wednesday of January. All other qualified electors, living in places
unincorporated, Avho shall be assessed to the support of government
by the assessors of an adjacent town, shall have the privilege of vot-
ing for senators, rej^resentatives, and governor in such town, and
shall be notified by the selectmen thereof, for the purpose, accord-
ingly.
Sec. 4. The governor and council shall, as soon as may be, examine
returned copies of such list, and, twenty days before the said first
Wednesday of January, issue a summons to such jDersons as shall
appear to be elected by a majority of the votes in each district, to
attend that day and take their aeats.
Appendix 4165
Sec. 5. The senate shall, on the said first Wednesday of January
annually, determine who are elected by a majority of votes to
be senators in each district; and, in case the full numlDer of senators
to be elected from each district shall not have been so elected, the
members of the house of representatives, and such senators as shall
have been elected, shall, from the highest number of the joersons voted
for, on said lists, equal to twice the number of senators deficient in
every district, if there be so many voted for, elect, by joint ballot,
the number of senators required ; and in this manner all vacancies
in the senate shall be supplied, as soon as may be, after such vacancies
happen.
Sec. 6. The senators shall be twenty-five years of age at the com-
mencement of the term for wdiich they are elected, and in all other
respects their qualifications shall be the same as those of the
representatives.
Sec. 7. The senate shall have the sole power to try all impeach-
ments, and, when sitting for that purpose, shall be on oath or affirma-
tion, and no person shall be convicted Avithout the concurrence of
two-thirds of the members present. Their judgment, however, shall
not extend further than to removal from office and disqualification to
hold or enjo}^ any office of honor, trust, or profit under this State;
but the party, whether convicted or acquitted, shall, nevertheless, be
liable to indictment, trial, judgment, and punishment, according
to law.
Sec. 8. The senate shall choose their president, secretary, and other
officers.
Article IV. — Part Third
legislative powers
Section 1. The legislature shall convene on the first Wednesday
of January annually, and shall have full power to make and estab-
lish all reasonable laws and regulations for the defence and benefit
of the people of this State, not repugnant to this constitution nor to
that of the United States.
Sec. 2. Every bill or resolution, having the force of law, to which
the concurrence of both houses may be necessary, except on a ques-
tion of adjournment, which shall have passed both houses, shall be
presented to the governor, and, if he approve, he shall sign it; if
not, he shall return it, with his objections, to the house in which it
shall have originated, wdiich shall enter the objections at large on its
journals and proceed to reconsider it. If, after such reconsideration,
two-thirds of that house shall agree to pass it, it shall be sent, together
with the objections, to the other house, by which it shall be recon-
sidered, and, if approved by two-thirds of that house, it shall have
the same effect as if it had been signed by the governor; but, in all
such cases, the votes of both houses shall be taken by yeas and nays,
and the names of the persons voting for and against the bill or reso-
lution shall be entered on the journals of both houses, respectively.
If the bill or resolution shall not be returned by the governor within
five days (Sundays excepted) after it shall have been presented to
him, it shall have the same force and effect as if he had signed it,
unless the legislature, by -their adjournment, prevent its return, in
7535— VOL 7—09 25
4166 Appendix
Avhich case it shall have such force and effect, unless returned within
three days after their next meeting.
Sec. 3. Each house shall be the judge of the elections and quali-
fications of its own members, and a majority shall constitute a quorum
to do business ; but a smaller number may adjourn from day to day,
and ma}'^ compel the attendance of absent members, in such manner
and under such penalties as each house shall provide.
Sec. 4. Each house may determine the rules of its proceedings,
jDunish its members for disorderly behavior, and, with the concur-
rence of two-thirds, expel a member, but not a second time for the
same cause.
Sec. 5. Each house shall keep a journal, and from time to time
publish its proceedings, except such parts as, in their judgment, may
require secrecy; and the yeas and nays of the members of either
house, on any question, shall, at the desire of one-fifth of those
present, be entered on the journals.
Sec. 6. Each house, during its session, may punish, by imprison-
ment, any person, not a member, for disrespectful or disorderly be-
havior in its presence, for obstructing any of its proceedings, threat-
ening, assaulting, or abusing any of its members for anything said,
done, or doing in either house : Provided^ That no imprisonment shall
extend beyond the period of the same session.
Sec. 7. The senators and representatives shall receive such compen-
sation as shall be established by law, but no law increasing their com-
pensation shall take effect during the existence of the legislature
Avhich enacted it. The expenses of the members of the house of rep-
sentatives, in travelling to the legislature and returning therefrom,
once in each session, and no nu)re, shall be paid by the State, out of
the public treasury, to every member who shall seasonably attend, in
the judgment of the house, and does not depart therefrom without
leave.
Sec. 8. The senators and representatives shall, in all cases, except
treason, felony, or breach of the peace, be privileged from arrest dur-
ing their attendance at, going to, and returning from each session of
the legislature, and no member shall be liable for anything spoken in
debate in either house in any court or place elsewhere.
Sec. 9. Bills, orders, or resolutions may originate in either house,
and may be altered, amended, or rejected in the other; but all bills
for raising a revenue shall originate in the house of rei:)resentatives,
but the senate may propose amendments, as in other cases: Provided^
That they shall not, under color of amendment introduce any new
matter, which does not relate to raising a revenue.
Sec. 10. No senator or representative shall, during the term for
which he shall have been elected, be appointed to any civil office of
profit under this State, which shall have been created or the emolu-
ments of Avhich increased during such term, except such offices as may
be filled by elections by the people: Promded, That this prohibition
shall not extend to members of the first legislature.
Sec. 11. No member of Congress, nor person holding any office
under the United States, (post-officers excepted,) nor office of profit
under this State, justices of the peace, notaries public, coroners, and
officers of the militia excejjted, shall have a seat in either house during
his being such member of Congress or his continuing in such office.
Appendix 4167
Sec. 12. Neither house shall, during the session, without the consent
of the other, adjourn for more than two days, nor to any other place
than that in which the houses shall be sitting.
Article V. — Part First
EXECUTIVE POWER
Section 1. The supreme executive power of this State shall be
vested in a governor.
Sec. 2. The governor shall be elected by the qualified electors, and
shall hold his office one year, from the first Wednesday of January in
each year.
Sec. 3. The meetings for election of governor shall be notified,
held, and regulated, and votes shall be received, sorted, counted,
declared, and recorded in the same manner as those for senators and
representatives. They shall be sealed and returned into the secretary's
office in the same manner and at the same time as those for senators.
And the secretary of state for the time being shall, on the first
Wednesday of January then next, lay the lists before the senate and
house of representatives, to be by them examined, and. in case of a
choice by a majority of all the votes returned, they shall declare and
publish the same. But if no person shall have a majority of votes,
the house of representatives shall, by ballot, from the persons having
the four highest numbers of votes on the list, if so many there be,
elect two persons, and make return of their names to the senate, of
whom the senate shall, by ballot, elect one, who shall be declared the
governor.
Sec. 4. The governor shall, at the commencement of his term, be not
less than thirty years of age, a natural-born citizen of the United
States, have been five years, or from the adoption of this constitution,
n resident of the State, and, at the time of his election, and during the
term for which he is elected, be a resident of said State.
Sec. 5. No person holding any office or place under the United
States, this State, or any other power, shall exercise the office of
governor.
Sec. 6. The governor shall, at stated times, receive for his services
a compensation, which shall not be increased or diminished during
his continuance in office.
Sec. 7. He shall be commander-in-chief of the army and navy of
the State, and of the militia, except when called into the actual sWv-
ice of the United States; but he shall not march nor convey any of
the citizens out of the State without their consent, or that of"^ the
legislature, unless it shall become necessary, in order to march or
transport them from one part of the State to another, for the defence
thereof.
Sec. 8. He shall nominate and, with the advice and consent of the
council, appoint all judicial officers, the attorney-general, the sheriff,
coroners, registers of probate, and notaries public, and he shall also
nominate and, with the advice and consent of the council, appoint
all other civil and military officers whose appointment is not, by
this constitution, or shall not by law be otherwise provided for ; and
4168 Appendix
every such nomination shall be made seven days at least prior to
such appointment.
Sec. 9, He shall, from time to time, give the legislature informa-
tion of the condition of the State, and recommend to their considera-
tion such measures as he may judge expedient.
Sec. 10. He may require information from any military officer, or
any officer in the executiA^e department, upon any subject relating to
the duties of their respective offices.
Sec. 11. He shall have power, with the advice and consent of the
council, to remit, after conviction, all forfeitures and penalties, and
grant reprieves and pardons, except in cases of impeachment.
Sec. 12. He shall take care that the laws be faithfully executed.
Sec. 13. He may, on extraordinary occasions, convene the legis-
lature; and, in case of disagreement between the two houses with
respect to the time of adjournment, adjourn them to such time as he
shall think proper, not beyond the day of the next annual meeting;
and if, since their last adjournment, the place where the legislature
were next to convene shall have become dangerous from an enemy or
contagious sickness, may direct the session to be held at some other
convenient place within the State.
Sec. 14. 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 gov-
ernor shall be dul}' qualified ; and, in case of the death, resignation,
removal from office, or other disqualification of the president of
the Senate, so exercising the office of governor, the speaker of the
house of representatives shall exercise the office until a president of
the senate shall have been chosen; and when the office of governor,
president of the senate, and speaker of the house shall become vacant,
in the recess of the senate, the person acting as secretary of state for
the time being shall, by proclamation, convene the senate, that a presi-
dent may be chosen to exercise the office of governor. And whenever
either the president of the senate or speaker of the house shall so
exercise said office, he shall receive only the compensation of gov-
ernor, but his duties as president or speaker shall be suspended ; and
the senate or house shall fill the vacancy until his duties as governor
shall cease.
Article V. — Part Second
COUNCIL
Section 1. There shall be a council, to consist of seven persons,
citizens of the United States and residents of this State, to advise
the governor in the executive part of the government, whom the
governor shall have full power, at his discretion, to assemble; and
he, with the councillors, or a majority of them, may, from time to
time, hold and keep a council, for ordering and directing the affairs
of state according to law.
Sec. 2. The councillors shall be chosen annually on the first Wed-
nesday of January, by joint ballot of the senators and representatives
in convention; and vacancies which shall afterwards happen shall
be filled in the same manner; but not more than one councillor sliall
Appendix 4169
be elected from any district prescribed for the election of senators;
and they shall be privileged from arrest in the same manner as sen-
ators and representatives.
Sec. 3. The resolutions and advice of council shall be recorded in a
register, and signed by the members agreeing thereto, which may be
called for by either house of the legislature ; and any councillor may
enter liis dissent to the resolution of the majority.
Sec. 4. No member of Congress or of the legislature of this State,
nor any person holding any office under the United States, (post-
officers excepted,) nor any civil officers under this State, (justices of
the peace and notaries public excepted,) shall be councillors. And no
councillor shall be appointed to any office during the time for which
lie shall have been elected.
Article V. — Part Third
SECRETARY
Section 1. The secretary of state shall be chosen annually at the
first session of the legislature, by joint ballot of the senators and rep-
resentatives in convention.
Sec. 2. The records of the State shall be kept in the office of the
secretary, who may appoint his deputies, for whose conduct he shall
be accountable.
Sec. 3. He shall attend the governor and council, senate and house
of representatives, in j^erson or by his deputies, as they shall re-
spectively require.
Sec. 4. He shall carefully keep and preserve the records of all the
official acts and proceedings of the governor and council, senate and
house of representatives, and, when required, lay the same before
either branch of the legislature, and perform such other duties as are
enjoined by this constitution, or shall be required by law.
Article V. — Part Fourth
TREASURER
Section 1. The treasurer- shall be chosen annually at the first ses-
sion of the legislature, by joint ballot of the senators and representa-
tives in convention, but shall not be eligible more than five years
successively.
Sec. 2. The treasurer shall, before entering on the duties of his
office, give bond to the State, with sureties, to the satisfaction of the
legislature, for the faithful discharge of his trust.
Sec. 3. The treasurer shall not, during his continuance in office,
engage in any business of trade or commerce, or as a broker, nor as an
agent or factor for any merchant or trader.
Sec. 4. No money shall be drawn from the treasury but by warrant
from the governor and council, and in consequence of appropriations
made by law ; and a regular statement and account of the receipts
and expenditures of all public money shall be published at the com-
mencement of the annual session of the legislature.
4170 Appendix
Article VI
JUDICIAL POWER
Section 1. The judicial power of this State shall be vested in a
supreme judicial court, and such other courts as the legislature shall,
from time to time, establish.
Sec. 2. The justices of the supreme judicial court shall, at stated
times, receive a compensation, which shall not be diminished during
their continuance in office, but the}- shall receive no other fee or
reward.
Sec 3. They shall be obliged to give their opinion upon important
questions of law, and upon solemn occasions, when required by the
governor, council, senate, or house of representatives.
Sec. 4. All judicial officers, except justices of the peace, shall hold
their offices during good behavior, but not beyond the age of seventy
years.
Sec 5. Justices of the peace and notaries public shall hold their
offices during seven years, if they so long behave themselves well, at
the expiration of which term they may be re-appointed, or others
appointed as the public interest may require.
Sec. (). The justices of the supreme judicial court shall hold no office
under the United States, nor any State, nor any other office under this
State, except that of justice of the peace.
Article VII
MILITARY
Section 1. The captains and subalterns of the militia shall be
elected by the written votes of the members of their respective com-
panies; the field-officers of regiments by the written votes of the cap-
tains and subalterns of their respective regiments; the brigadier-
generals, in like manner, by the field-officers of their respective
brigades.
Sec 2. The legislature shall, by law, direct the manner of notify-
ing the electors, conducting the elections, and making the returns
to the governor of the officers elected ; and if the electors shall neglect
or refuse to make such elections, after being duly notified according
to law, the governor shall appoint suitable persons to fill such offices.
Sec 3. The major-general shall be elected by the senate and house
of representatives, each having a negative on the other. The adju-
tant-general and quartermaster-general shall be appointed by the
governor and council: but the adjutant-general shall perform the
duties of quartermaster-general until otherwise directed by laAv. The
major-generals and brigadier-generals and the commanding officers
of regiments and battalions shall appoint their respective staff-offi-
cers ;'and all military officers shall be commissioned by the governor.
Sec 4. The militia, as divided into divisions, brigades, regiments,
battalions, and companies, pursuant to the laws now in force, shall
remain so organized until the same shall be altered by the legislature.
Sec 5. Persons of the denomination of Quakers and Shakers, jus-
tices of the supreme judicial court, and ministers of the gospel, may
Appendix 4171
be exempted from military duty ; but no other person, of the age of
eighteen and under the age of forty- five years, excepting officers of
the militia who have been honorably discharged, shall be so exempted,
unless he shall pay an equivalent, to be fixed by law.
Article VIII
LITERATURE
A general diffusion of the advantages of education being essential
to the preservation of the rights and liberties of the people, to pro-
mote this important object, the legislature are authorized, and it
shall be their duty, to require the several towns to make suitable pro-
vision, at their own expense, for the support and maintenance of
public schools, and it shall further be their duty to encourage and
suitably endow, from time to time, as the circumstances of the people
may authorize, all academies, colleges, and seminaries of learning
within the State: Provided, That no donation, grant, or endowment
shall at any time be made by the legislature to any literary insti-
tution now established, or which may hereafter be established, unless,
at the time of making such endowment, the legislature of the State
shall have the right to grant any further powers to alter, limit, or
restrain any of the powers vested in any such literary institution as
shall be judged necessary to promote the best interests thereof.
Article IX
GENERAL PROVISIONS
Section 1. Every person elected or appointed to either of the
places or offices provided in this constitution, and every person
elected, appointed, or commissioned to any judicial, executive, mili-
tary, or other office under this State, shall, before he enter on the
discharge of the duties of his place or office, take and subscribe the
following oath or affirmation : " I, , do swear that I will
support the Constitution of the United States and of this State, so
long as I shall continue a citizen thereof : So help me God." " I
, do swear that I will faithfully discharge, to the best of my
abilities, the duties incumbent on me as , according to
the constitution and the laws of the State : So help me God." Pro-
vided, That an affirmation in the above forms may be substituted,
when the persons shall be conscientiously scrupulous of taking and
subscribing an oath.
The oaths or affirmations shall be taken and subscribed by the gov-
ernor and councillors before the presiding officer of the senate, in the
presence of both houses of the legislature, and by the senators and
representatives before the governor ajiid council, and by the residue
of said officers before such person as shall be prescribed by the legisla-
ture; and whenever the governor or any councillor shall not be able
to attend, during the session of the legislature, to take and subscribe
said oaths or affirmations, such oaths or affirmations may be taken
and subscribed, in the recess of the legislature, before any justice of
the supreme judicial court: Provided, That the senators and rej^re-
4172 Appendix
sentatives first elected under this constitution shall take and subscribe
such oaths or affirmations before the president of the convention.
Sec. 2. No i^erson holding the office of justice of the supreme
judicial court or of any inferior court, attorney-general, county attor-
ney, treasurer of the State, adjutant-general, judge of probate,
register of probate, register of deeds, sheriffs or their deputies, clerks
of the judicial courts, shall be a member of the legislature; and any
person holding either of the foregoing offices, elected to and accept-
ing a seat in the Congress of the United States, shall thereby vacate
said office; and no person shall be capable of holding or exercising
at the same time, Avithin this State, more than one of the offices before
mentioned.
Sec. 3. All commissions shall be in the name of the State, signed
by the governor, attested by the secretary or his deputy, and have the
seal of the State thereto affixed.
Sec. 4. And in case Ihe elections required by this constitution on
the first Wednesday of January, annually, by the two houses of the
legislature, shall not be completed on that day, the same may be
adjourned from day to day until completed, in the following order:
The vacancies in the senate shall first be filled ; the governor shall then
be elected, if there be no choice by the people; and afterwards the two
houses shall elect the council.
Sec. 5. Every person holding any civil office under this State may
be removed, by impeachment, for misdemeanor in office; and every
person holding any office may be removed by the governor, with the
advice of the council, on the address of both branches of the legisla-
ture. But, before such address shall pass either house, the causes of
removal shall be stated and entered on the journal of the house in
which it originated, and a co])y thereof served on the person in office,
that he may be admitted to a hearing in his defence.
Sec. 0. The tenure of all offices, which are not or shall not be
otherwise provided for, shall be during the pleasure of the governor
and council.
Sec. 7. While the public expenses shall be assessed on polls and
estates, a general valuation shall be taken at least once in ten years.
Sec. 8. All taxes upon real estate, assessed by authority of this
State, shall be apportioned and assessed equally, according to the just
value thereof.
Article X
schedule
Section 1. The first legislature shall meet on the last Wednesday
in May next. The elections on the second Monday in September,
annually, shall not commence until the 3^ear one thousand eight hun-
dred and twenty-one, and, in the mean time, the election for governor,
senators, and representatives shall be on the first Monday in April,
in the year of our Lord one thousand eight hundred and twenty ; and
at this election the same proceedings shall be had as are required at
the elections provided for in this constitution, on the second Mon-
day in September, annmilly, and the lists of the votes for the governor
and senators shall be transmitted by the town and plantation clerks,
respectively, to the secretary of state pro tempore, seventeen days at
Appendix 4173
least before the last Wednesday in May next; and the president of
the convention shall, in presence of the secretary of state pro tempore,
open and examine the attested copies of said lists, so returned for
senators, and shall have all the powers and be subject to all the duties
in ascertaining, notifying, and summoning the senators who appear
to be elected, as the governor and council have, and are subject to, by
this constitution: Provided, He shall notify said senators fourteen
days at least before the last Wednesday in May, and vacancies shall
be ascertained and filled in the manner herein provided ; and the
senators to be elected on the said first Monday of April shall be appor-
tioned as follows :
The county of York shall elect three; the county of Cumberland
shall elect three; the county of Lincoln shall elect three; the county
of Hancock shall elect two ; the county of Washington shall elect one ;
the county of Kennebec shall elect three ; the county of Oxford shall
elect two; the county of Somerset shall elect two; the county of
Penobscot shall elect one.
And the members of the house of representatives shall be elected,
ascertained, and returned in the same manner as herein provided at
elections on the second Monday of September; and the first house of
representatives shall consist of the following number, to be elected
as follows :
County of York. — The towns of York and Wells may each elect
two representatives, and each of the remaining toAvns may elect one.
County of Cumbei'land. — The town of Portland may elect three
representatives ; North Yarmouth, two ; Brunswick, two ; Gorham,
two; Freeport and Pownal, two; Raymond and Otisfield, one;
Bridgeton, Baldwin, and Harrison, one; Poland and Danville, one;
and each remaining town, one.
County of Lincoln. — The towns of Georgetown and Phippsburgh
may elect one representative ; Lewiston and Wales, one ; Saint George,
Gushing, and Friendship, one; Hope and Appleton Ridge, one;
Jefferson, Putnam, and Patricktown Plantation, one; Alba and
Whitefield, one; Montville, Palermo, and Montville Plantation, one;
Woolwich and Dresden, one ; and each remaining town, one.
County of Hancock. — The town of Bucksport may elect one repre-
sentative; Deer Island, one; Castine and Brooksville, one; Orland
and Penobscot, one; Mount Desert and Eden, one; Vinalhaven and
Isleborough, one; Sedgwick and Blue Hill, one; Gouldsborough,
Sullivan, and Plantations Nos. 8 and 9, north of Sullivan, one;
Surry, Ellsworth, Trenton, and Plantation of Mariaville, one; Lin-
colnville, Searsmont, and Belmont, one; Belfast and Northport, one;
Prospect and Swanville, one; Frankfort and Monroe, one; Knox,
Brooks, Jackson, and Thorndike, one.
County of Washington. — The towns of Steuben, Cherryfield, and
Harrington may elect one representative; Addison, Columbia, and
Jonesborough, one; Machias, one; Lubec, Dennysville, Plantations
No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robinson,
Calais, Plantations No. 3, No. 6, No. 7, No. 15, and No. IG, one.
County of Kennebec. — The towns of Belgrade and Dearborn may
elect one representative; Chesterville, Vienna, and Rome, one; Wayne
and Fayette, one; Temple and Wilton, one; Winslow and China,
one; Fairfax and Freedom, one; Unity, Joy, and Twenty-five Mile
4174 Appendix
Pond Plantation, one; Harlem and Malta, one; and each remaining
town, one.
Coim-ty of Oxford. — The towns of Dixfield, Mexico, Weld, and
Plantations Nos. 1 and 4, may elect one representative; Jay and
Hartford, one ; Livermore, one ; Eumf ord, East Andover, and Planta-
tions Nos. 7 and 8, one; Turner, one; "Woodstock, Paris, and Green-
wood, one; Hebron and Norway, one; Gilead, Bethel, Newry, Albany,
and Howard's Gore, one; Porter, Hiram, and Brownfield, one;
Waterford, Sweden, and Lovell, one; Denmark, Fryeburgh, and
Fryeburgh Addition, one; Buckfield and Sumner, one.
County of Somerset. — The town of Fairfield may elect one repre-
sentative ; Norridgwock and Bloomfield, one ; Starks and Mercer, one ;
Industry, Strong, and New Vineyard, one; Avon, Phillips, Freeman,
and Kingfield, one; Anson, New Portland, Embden, and Plantation
No. 1, one; Canaan, AVarsaw, Palmyra, Saint Albans, and Corinna,
one; Madison, Solon, Bingham, Moscow, and Northhill, one; Corn-
ville, Athens, Harmony, Ripley, and Warrenstown, one.
County of Penohseot. — The toAvns of Hamj^den and Newburgh may
elect one representative; Orrington, Brewer, and Eddington, and
plantations adjacent, on the east side of Penobscot River, one;
Bangor, Orono, and Sunkhaze Plantation, one; Dixmont, Newport,
Carmel, Harmon, Stetson, and Plantation No. 4, in the Gth range,
one ; Levant, Corinth, Exeter, New Charleston, Blakesburgh, Planta-
tion No. 1, in 3d range, and Plantation No. 1^ in 4th range, one;
Dexter, Garland, Guilford, Sangerville, and Plantation No. 3, in 6th
range, one; Atkinson, Sebec, Foxcroft, Brownville, Williamsburgh,
Plantation No. 1, in 7th range, and Plantation No. 3, in 7th range,
ona.
And the secretary of state /^ro tempore shall have the same powers
and be subject to the same duties, in relation to the votes for gover-
nor, as the secretary of state has and is subject to by this constitu-
tion; and the election of governor shall, on the said last Wednesday
in May, be determined and declared in the same manner as other
electioiis of governor are by this constitution ; and, in case of vacancy
jn said office, the president of the senate and the speaker of the house
of representatives shall exercise the office as herein otherwise pro-
vided, and the councillors, secretary, and treasurer shall also be
elected on the said day, and have the same i:)owers, and be subject to
the same duties, as is provided in this constitution; and in case of
the death or other disqualification of the president of the convention,
or of the secretar}^ of state pro tempore, before the election and
qualification of the governor or secretary of state under this consti-
tution, the persons to be designated by this convention, at their ses-
sion in January next, shall have all the powers and perform all the
duties which the president of this convention, or the secretary pro
tempore., to be by them appointed, shall have and perform.
Sec. 2. The period for which the governors, senators and rej^re-
sentatives, councillors, secretary, and treasurer, first elected or ap-
pointed, are to serve in their respective offices and places shall com-
mence on the last Wednesday in May, in the year of our Lord one
thousand eight hundred and twenty, and continue until the first
Wednesday of January, in the year of our Lord one thousand eight
hundred and twenty-two.
Appendix 4175
Sec. 3. All laws now in force in this State, and not repugnant to
this constitution, shall remain and be in force initil altered or repealed
by the legislature or shall expire by their OAvn limitation.
Sec. 4. The legislature, whenever two-thirds of both houses shall
deem it necessary, may propose amendments to this constitution ; and
when any amendment shall be so agreed uj^on, a resolution shall be
passed and sent to the selectmen of the several towns and the asses-
sors of the several plantations, empowering and directing them to
notify the inhabitants of their respective towns and plantations, in
the manner prescribed by law, at their next annual meetings in the
month of September, to give in their votes on the question whether
such amendment shall be made; and if it shall appear that a major-
ity of the inhabitants voting on the question are in favor of such
amendment, it shall become a part of this constitution.
Sec. 5. All officers provided for in the sixth section of an act of
the commonAvealth of Massachusetts, passed on the 19th day of
June, in the year of our Lord one thousand eight hundred and nine-
teen, entitled "An act relating to the separation of the District of
Maine from Massachusetts proper, and forming the same into a sepa-
rate and independent State," shall continue in office, as therein pro-
vided ; and the following provisions of said act shall be a part of this
constitution ; subject, however, to be modified or annulled, as therein
is prescribed, and not otherwise, to Avit :
" Section 1. Whereas it has been represented to this legislature
that a majority of the people of the District of Maine are desirous
of establishing a separate and independent government within said
District: Therefore,
" Be it enacted hy the senate and house of representatives in gen-
eral court assemhled., and hy the authority of the sam,e, That the
consent of this commonwealth be, and the same is hereby, given that
the District of Maine may be formed and erected into a separate
and independent State, if the people of the said District shall, in the
manner and by the majority hereinafter mentioned, express their
consent and agreement thereto, upon the following terms and condi-
tions, and provided the Congress of the United States shall give its
consent thereto before the fourth day of March next; which terms
and conditions are as follows, viz :
" First. All the lands and buildings belonging to the common-
wealth, within Massachusetts proper, shall continue to belong to said
commonwealth; and all the lands belonging to the commonwealth
within the District of Maine shall belong, the one-half thereof to the
said commonwealth, and the other half thereof to the State to be
formed within the said District, to be divided as is hereinafter men-
tioned; and the lands within the said District which shall belong to
the said commonwealth shall be free from taxation, while the title
of said lands remains in the commonwealth; and the right of the
commonwealth to their lands within said District, and the remedies
for the recovery thereof, shall continue the same within the proposed
State, and in the courts thereof, as they now are within the said
commonwealth, and in the courts thereof; for which purposes, and
for the maintenance of its rights and recovery of its lands, the said
commonwealth shall be entitled to all other proper and legal reme-
dies, and may appear in the courts of the proposed State, and in the
4176 Appendix
courts of the United States holden therein ; and all rights of action
for, or entry into lands, and of action upon bonds, for the breach of
the performance of the condition of settling duties, so called, which
have accrued, or may accrue, shall remain in this commonwealth, to
be enforced, commuted, released, or otherwise disposed of, in such
manner as this commonwealth may hereafter determine: Provided^
howercr, That whatever this commonwealth may hereafter receive
or obtain on account thereof, if anything, shall, after deducting all
reasonable charges relating thereto, be divided, one third part thereof
to the new State, and two third parts thereof to this commonwealth.
''^Second. All the arms which have been received by this common-
wealth from the United States, under the law of Congress entitled,
'An act making provision for arming and equipping the whole body
of militia of the United States," passed April the twenty-third, one
thousand eight hundred and eight, shall, as soon as the said District
shall become a separate State, be divided between the two States, in
proportion to the returns of the miltia, according to which the said
arms have been received from the ITnited States as aforesaid.
'"''Third. All money, stock, or other proceeds, hereafter derived
from the Ignited States, on account of the claim of this common-
uealth for disbursements made and expenses incurred for the defence
of the State during the late war with Great Britain, shall be received
b}^ this commonwealth ; and, when received, shall be divided betAveen
the two States, in the proportion of two-thirds to this commonwealth
and one-third to the new State.
'"Fourth. All other property, of every description, belonging to
the commonwealth, shall be holden and receivable by the same, as a
fund and security for all delits. annuities, and Indian subsidies or
claims, due by said commonwealth ; and within two years after the
said District shall have become a separate State, the commissioners
to be appointed, as hereinafter provided, if the said States cannot
otherwise agree, shall assign a just portion of the' productive property
so held by said commonwealth, as an equivalent and indemnification
to said commouAvealth for all such debts, annuities, or Indian sub-
sidies, or claims, which may then remain due or unsatisfied; and all
the sur2:)lus^ of the said property, so holden as aforesaid, shall bo
divided between the said commonwealth and the said District of
Maine, in the proj^ortion of tAvo-thirds to the said commonwealth
and one-third to the said District; and if in the judgment of the
said commissioners the whole of said property, so held as a fund and
security, shall not be sufficient indemnification for the purpose, the
said District shall be liable for and shall pay to said commonwealth
one-third of the deficiency.
'"'Fifth. The new State shall, as soon as the necessary arrangements
can be made for that puqoose, assume and perform all the duties
and obligations of this commonwealth towards the Indians within
said District of Maine, whether the same arise from treaties or other-
wise; and for this purpose shall obtain the assent of said Indians, and
their release to this commouAvealth of claims and stipulations aris-
ing under the treaty at j^resent existing betAveen the said common-
AA^ealth and said Indians; and, as indemnification to such ucav State
therefor, this commouAA^ealth, Avhen such arrangements shall be com-
pleted, and the said duties and obligations assumed, shall pay to said
Appendix 4177
new State the value of thirty thousand dollars, in manner following,
viz : The said commissioners shall set off, by metes and bounds, so
much of any part of the land within the said District falling to this
commonAvealth, in the division of the public lands hereinafter pro-
vided for, as in their estimation shall be of the value of thirty thou-
sand dollars; and this commonwealth shall, thereujDon, assign the
same to the said new State, or in lieu thereof may pay the sum of
thirty thousand dollars, at its election; which election of the said
commonwealth shall be made within one year from the time that
notice of the doings of the commissioners on this subject shall be
made known to the governor and council, and if not made within that
time, the election shall be with the new State.
^'' Sixth. Commissioners, with the powers and for the purposes men-
tioned in this act, shall be appointed in manner following: The execu-
tive authority of each State shall appoint two, and the four so
appointed, or the major part of them, shall appoint two more; but,
if they cannot agree in the appointment, the executive of each State
shall appoint one in addition; not, however, in that case, to be a
citizen of its own State. And any vacancy happening with respect
to the commissioners shall be supplied in the manner provided for
their original appointment ; and, in addition to the powers herein-
before given to said commissioners, they shall have full power and
authority to divide all the public lands within the District between
the respective States, in equal shares or moieties, in severalty, having
regard to quantity, situation, and qualit}"; they shall determine what
lands shall be surveyed and divided, from time to time, the expenses
of which surveys and of the commissioners shall be borne equally by
the two States. They shall keep fair records of their doings, and of
the surveys made by their direction, copies of which records, authen-
ticated by them, shall be deposited, from time to time, in the archives
of the respective States, transcripts of which, properly certified,
may be admitted in evidence in all questions touching the subject to
which they relate. The executive authority of each State may revoke
the J30wer of either or both its commissioners, having, however, first
appointed a substitute or substitutes, and may fill any vacancy hap-
pening with respect to its own commissioners; four of said com-
missioners shall constitute a quorum for the transaction of business;
their decision shall be final upon all subjects within their cognizance.
In case said commission shall expire, the same not having been com-
pleted, and either State shall request the renewal or filling up of the
same, it shall be renewed or filled up in the same manner as is
herein provided for filling the same in the first instance, and with the
like powers ; and if either State shall, after six months' notice, neglect
or refuse to appoint its commissioners, the other may fill up the
whole commission.
^''Seventh. All grants of lands, franchises, immunities, corporate or
other rights, and all contracts for or grants of lands not yet located,
which have been or may be made by the said commouAvealth before
the separation of said District shall take place, and having or to have
effect within the said District, shall continue in full force after the
said District shall become a separate State. But the grant which has
been made to the president and trustees of Bowcloin College out of
the tax laid upon the banks within this commonwealth shall be
4178 Appendix
charged upon the tax upon the banks within the said District of
Maine, and paid according to the terms of said grant; and the
president and trustees and the overseers of said college shall have,
hold, and enjoy their powers and privileges in all respects, so that the
same shall not be subject to be altered, limited, annulled, or restrained,
except by judicial process, according to the principles of law; and,
in all grants hereafter to be made, by either State, of unlocated land
within the said District, the same reservations shall be made for the
benefit of schools and of the ministry as have heretofore been usual
in grants made by this commonwealth. And all lands heretofore
granted by this commonwealth to any religious, literary, or eleemosy-
nary corporation or society shall be free from taxation while the same
continues to be owned by such corporation or society.
^'EujJifh. No laws shall be passed in the proposed State with regard
to taxes, actions, or remedies at law, or bars or limitations thereof,
or otherwise making any distinction between the lands and rights of
property of proprietors not resident in, or not citizens of, said pro-
posed State, and the lands and rights of property of the citizens of
the proposed State resident therein; and the rights and liabilities
of all persons shall, after the said separation, continue the same as if
the said District was still a part of this commonwealth, in all suits
pending or judgments remaining unsatisfied on the fifteenth day of
March next, where the suits have been commenced in Massachusetts
proper and process has been served within the District of Maine, or
conmienced in the District of Maine and process has been served in
Massachusetts proper, either by taking bail, making attachments,
arresting and detaining persons, or otherwise, where execution
remains to be done; and in such suits the courts within Massachusetts
proper, and within the proj)osed State, shall continue to have the
same jurisdiction as if the said District had still remained a part of
the connnonwealth. And this commonwealth shall have the same
remedies Avithin the proposed State as it now has for the collection
of all taxes, bonds, or debts which may be assessed, due, made, or
contracted by, to, or with the connnonwealth on or before the said fif-
teenth day of March, within the said District of Maine, and all
officers within jNIassachusetts proper and the District of Maine shall
conduct themselves accordingly.
^' Ninth. These terms and conditions, as here set forth, when the
said District shall become a separate and independent State, shall,
ipso facto, be incorporated into and become and be a part of any con-
stitution, provisional or other, under which the government of the
said proposed State shall, at anj^ time hereafter, be administered,
subject, however, to be modified or annulled by the agreement of the
legislature of both the said States, but by no other power or body
whatsoever."
Sec. G. This constitution shall be enrolled on parchment, deposited
in the secretary's office, and be the supreme law of the State, and
printed copies thereof shall be prefixed to the books containing the
laws of this State.
Done in convention October 29, 1819.
William King, President.
Robert C. Vose, ISecvetary.
Appendix 4179
AMENDMENTS TO THE CONSTITUTION OF 1820 «
(Ratified 1834)
Article I.^ The electors resident in any city may, at any meeting
duly notified for the choice of representatives, vote for such repre-
sentatives in their respective ward meetings, and the wardens in said
wards shall preside impartially at such meetings, receive votes of all
qualified electors present, sort, count, and declare them in open ward
meetings, and in the presence of the ward clerk, who shall form a list
of the persons voted for, with the number of votes for each person
against his name ; shall make a fair record thereof in the presence of
the wardens, and in open ward meeting; and a fair copy of this list
shall be attested by the warden and ward clerk, sealed up in open
ward meeting, and delivered to the city clerk within twenty-four
hours after the close of the polls. And the aldermen of any city shall
be in session, at their usual place of meeting, within twenty-four hours
after any election, and, in the presence of the city clerk, shall ex-
amine and comi3are the copies of said lists, and in case any person
shall have received a majority of all the votes he shall be declared
elected by the aldermen, and the city clerk of any city shall make a
record thereof, and the aldermen and city clerk shall deliver certified
copies of such lists to the person or persons so elected within ten days
after the election. And the electors resident in any city may, at
any meeting duly notified and holden for the choice of any other
civil officers for whom they have been required heretofore to vote in
town meeting, vote for such officers in their respective w^ards, and the
same proceedings shall be had by the warden and ward clerk in each
ward as in the case of votes for representatives. And the aldermen
of any city shall be in session within twenty-four hours after the
close of the polls in such meetings, and, in the presence of the city
clerk, shall open, examine, and compare the copies from the lists oi
votes given in the several wards, of Avhich the city clerk shall make a
record, and a return thereof shall be made into the secretary of staters
office, in the same maimer as selectmen of towns are required to do.
(Ratified 1837)
Art. II. No person, before conviction, shall be bailable for any
of the crimes which now are or have been denominated capital of-
fences since the adoption of the constitution, when the proof is evi
dent or the presumption great, wdiatever the punishment of thf-
crime may be.
(Ratified 1839)
Art. III. All judicial officers now in office, or who may be hereafter
appointed, shall, from and after the first day of March, in the year
1840, hold their offices for the term of seven years from the time
of their respective appointments, (unless sooner removed by impeach-
ment or by address of both branches of the legislature to the execu-
tive,) and no longer, unless reappointed thereto.
a Several of tlie earlier amendments have been amended by others ratified at
later dates.
& See article twelve of ameudments.
4180 Appendix
(Ratified 1841)
Art. IV. The second section, article fourth, part first, of the con-
stitution is amended by substituting the words " one hundred and
fifty-one " for " not less than one hundred nor more than two hun-
dred," before the word " members " in said section, so as to establish
the number of representatives for the State at the number of one
hundred and fifty-one; and the latter part of said section, being the
words and sentences following : " and, whenever the number of repre-
sentatives shall be two hundred, at the next annual meetings of elec-
tion which shall thereafter be had, and at every subsequent jDcriod of
ten years, the people shall give in their votes, whether the number
of representatives shall be increased or diminished, and if a majority
of votes are in favor thereof, it shall be the duty of the next legis-
lature thereafter to increase or diminish the number by the rule here-
inafter prescribed," shall not be a part of the constitution; but one
hundred and fifty-one representatives shall be apportioned according
to the rule in this constitution.
(Ratified 1845)
Art. v." The annual meeting of the legislature shall be on the sec-
ond Wednesday of !May in each year; and the governor and other
State officers elected for the political year commencing on the first
"Wednesday of January, in the year of our Lord one thousand eight
hundred and forty-five, shall hold their offices till the second Wednes-
day of May, in the year of our Lord one thousand eight hundred and
forty-six.
Art. VL The credit of the State shall not be directly or indirectly
loaned in any case.
The legislature shall not create any debt or debts, liability or lia-
bilities, on behalf of the State, which shall singly, or in the aggregate,
with previous debts and liabilities hereafter incurred at any one time,
exceed three hundred thousand dollars, except to suppress insurrec-
tion, to repel invasion, or for purposes of war; but this amendment
shall not be construed to refer to any money that has been or may be
deposited with this State hj the Government of the United States, or
to any fund which the State shall hold in trust for any Indian tribe.
Art, VII. The constitution of this State is amended in the fifth sec-
tion of the first part of the fourth article, by striking out the words
"" a majority of all the." and inserting instead thereof the words " the
highest number of." and by striking out the words " a majority," where
they again occur in the same section, and inserting instead thereof the
words "the highest number;" also in the first amendment to. the
constitution of this State, by striking out the words " a majority of
all the," and inserting instead thereof the words " the highest num-
ber of."
(Ratified 1851)
Art. VIII. The annual meeting of the legislature shall be on the
first Wednesday of January in each year; and the governor and other
a Annulled. See eighth amendment.
Appendix 4181
State officers elected for the political year commencing on the second
Wednesday of May, in the year of our Lord one thousand eight hun-
dred and fifty-one, shall hold their offices till the first Wednesday of
January, in the year of our Lord one thousand eight hundred and
fifty-two.
(Ratified 1856)
Art. IX. The constitution of this State is amended as follows :
In the sixth article it is amended by adding the following sections
at the end of said article :
" Sec. 7. Judges and registers of probate shall be elected by the
people of their respective counties, by a plurality of the votes given
in at the annual election, on the second Monday of September, shall
hold their offices for four years, commencing on the first day of
January next after their election. Vacancies occurring in said offices,
by death, resignation, or otherwise, shall be filled by election in
manner aforesaid, at the September election next after their occur-
rence; and in the mean time the governor, with tlie advice and con-
sent of the council, may fill said vacancies by appointment, and the
persons so appointed shall hold their offices until the first day of
January thereafter.
" Sec. 8. Judges of municipal and police courts shall be elected by
the people of their respective cities and towns, by a plurality of the
votes given in at the annual meeting in March or xVpril, and shall
hold their offices for four years from the Monday following the day
of their election. Vacancies in said office shall be filled by election
at the next annual meeting in March or April ; and in the mean time
the governor, with the advice and consent of the council, may fill
vacancies by appointment, until the Monday following said annual
meeting." ^
Art. X. In the third section of the seventh article, it is amended
so that said section shall read :
" Sec. 3. The major-generals shall be elected by the senate and
house of representatives, each having a negative on the other. The
adjutant-general and the quartermaster-general shall be chosen an-
nually by a joint ballot of the senators and representatives in con-
vention. But the adjutant-general shall perform the duties of
quartermaster-general until otherwise directed by law. The major-
generals and brigadier-generals, and the commanding officers of regi-
ments and battalions, shall appoint their respective statf-officers ; and
all military officers shall be commissioned by the governor."
Art. Xi. The ninth article is amended by inserting at the end
thereof the following sections:
" Sec. 9. Sherifis shall be elected by the people of their respective
counties, by a plurality of the votes given in on the second Monday
of September, and shall hold their offices for two years from the first
day of January next after their election. Vacancies shall be filled
in the same maner as is provided in the case of judges and registers
of probate.
" Sec. 10. The land-agent and attorney-general shall be chosen
annually by joint ballot of the senators and representatives in con-
o See article twelve of amendments.
7535— VOL 7—09 26
4182 Appendix
vention. Vacancies in said offices, occurring when the legislature
is not in session, may be filled by appointment by the governor, with
the advice and consent of the council."
(Ratified 1865)
Art. XII. Section one of article two shall be amended by adding
thereto the folloAving words:
'' No person, however, shall be deemed to have lost his residence by
reason of his absence from the State in the military service of the
United States, or of this State."
Section four of article two shall be amended by adding thereto the
folloAving provisions :
" But citizens of the State absent therefrom in the military service
of the United States, or of this State, and not in the Regular Army
of the United States, being otherwise qualified electors, shall be
allowed to vote on Tuesday next after the first Monday of November,
in the year of our Lord one thousand eight hundred and sixty-four,
for governor and senators, and their votes shall be counted and
allowed in the same manner and with the same effect as if given on
the second ^Monday of September in that year. And they shall be
allowed to vote for governor, senators, and representatives on the
second Monday of September annualW thereafter forever, in the
manner herein provided. On the day of election a poll shall be
opened at every place without this State where a regiment, battalion,
battery, company, or detachment of not less than twenty soldiers
from the State of Maine may l)e found or stationed, and every citi-
zen of said State of the age of twenty-one years, in such military
service, shall be entitled to vote as aforesaid; and he shall be con-
sidered as voting in the city, town, plantation, and county in this
State where he resided Avhen he entered the service. The vote shall
be taken by regiments when it can conveniently be done ; when not so
convenient, any detachment or part of a regiment, not less than
twenty in number, and any battery or part thereof numbering twenty
or more, shall be entitled to vote Avherever they may be. The three
ranking officers of such reginwnt. battalion, battery, company, or
part of either, as the case may be. acting as such on the day of elec-
tion, shall be supervisors of elections. If no officers, then three non-
commissioned officers, according to their seniority, shall be such
supervisors. If any officer or non-commissioned officer shall neglect
or refuse to act, the next in rank shall take his place. In case there
are no officers or non-commissioned officers present, or if they or
either of them refuse to act, the electors present, not less than twenty,
may choose, by written ballot, enough of their own number, not
exceeding three, to fill the vacancies, and the persons so chosen shall
be supervisors of elections. All supervisors shall be first SAvorn to
support the Constitution of the United States and of this State, and
faithfully and impartially to perform the duties of supervisors of
elections. Each is authorized to administer the necessary oath to the
others; and certificates thereof shall be annexed to the list of votes
by them to be made and returned into the office of the secretary of
state of this State as hereinafter provided. The polls shall be opened
and closed at such hours as the supervisors, or a majority of them,
shall direct: Provided, however^ That due notice and sufficient time
Appendix 4183
shall be given for all voters in the regiment, battalion, battery,
detachment, company, or part of either, as the case may be, to vote.
Regimental and field officers shall be entitled to vote with their re-
spective commands. When not in actnal command, snch officers, and
also all general and staff officers, and all surgeons, assistant surgeons,
and chaplains, shall be entitled to vote at any place Avhere polls are
opened. The supervisors of elections shall prepare a ballot-box or
other suitable receptacle for the ballots. Upon one side of every
ballot shall be printed or written the name of the county, and also of
the city, town, or plantation in this State in Avhich is the residence
of the person proposing to vote. Upon the other side shall be the
name or names of the persons to be voted for, and the office or offices
which he or they are intended to fill. And before receiving any vote,
the supervisors, or a majority of them, must be satisfied of the age
and citizenship of the person claiming to vote, and that he has in fact
a residence in the county, city, tow^n, or plantation which is ]:)rinted
or written on the vote offered by him. If his right to vote is chal-
lenged, they may require him to make true answers, upon oath, to
all interrogatories touching his age, citizenship, residence, and right
to vote, and shall hear any other evidence offered by him, or by those
who challenge his right. They shall keep correct poll-lists of the
names of all persons allowed to vote, and of their respective places
of residence in this State, and also the number of the regiment and
company or battery to wdiich they belong; which lists shall be certi-
fied by them, or by a majority of them, to be correct, and that such
residence is in accordance with the indorsement of the residence of
each voter on his vote. They shall check the name of every person
before he is allowed to vote, and the check-mark shall be plainly
made against his name on the poll-lists. They shall sort, count, and
publicly declare the votes at the head of their respective coinmands
on the day of election, unless prevented by the public enemy, and in
that case as soon thereafter as may be; and on the same day of said
declaration they shall form a list of the persons voted for, with the
number of votes for each person against his name, and the office
which he was intended to iill, and shall sign and seal up such list,
and cause the same, together with the poll-lists aforesaid, to be deliv-
ered into the office of the secretary of state aforesaid, on or before the
first day of December, in the year one thousand eight hundred and
sixty-four, and on or before the fifteenth day of November annually
thereafter forever. The legislature of this State may pass any law
additional to the foregoing provisions, if any shall, in practice, be
found necessary in order more fully to carry into effect the iDuri^ose
thereof." . ^
Section five of article four, part first, shall be amended by inserting
after the word " meetings," in the first line, the words, " within this
State." The same section shall also be amended by striking out all
after the words " towni meeting," in the tenth line, as printed in the
revised statutes of eighteen hundred and fifty-seven, to and includ-
ing the word " election," in the thirteenth line. The same section
shall also be amended by striking out all after the word " constitu-
tion," in the twenty-first line, and inserting in the place thereof the
following provisions: "And fair copies of the lists of votes shall be
attested by the selectmen and town clerks of towns, and the assessors
4184 Appendix
of plantations, and sealed np in open town and plantation meetings;
and the town and plantation clerks respectively shall cause the same
to be delivered into the secretary's office thirty days at least before
the first AVednesdav of January annuall3^ And the governor and
council shall examine the" returned copies of such lists, and also all
lists of votes of citizens in the militar}^ service, returned to the sec-
retary's office, as provided in the amendment to article second, sec-
tion four, of this constitution ; and twenty clays before the said first
Wednesday of January, annually, shall issue a summons to such
persons as shall appear to be elected by a plurality of all the votes
returned, to attend and take their seats. But all such lists shall be
laid before the house of representatives on the first Wednesday of
January, annually, and they shall finally determine who are elected."
Section three of article four, part second, shall be amended by
inserting after the word " meetings," in the first line, the words
" Avithin this State."
Section four of article four, part second, shall be amended by add-
ing after the word " lists," in the second line, the Avords '" and also the
lists of votes of citizens in the military service, returned into the
secretary's office," The same section shall also be amended in the
last line, by striking out the word " in," and inserting in place
thereof the Avord '' for."
Section three of article fiA'e, part first, shall be amended by add-
mg after the Avords " senate and house of representatiA'es " the Avords
" and also the lists of votes of citizens in the military service, returned
into the secretary's office."
Article first of the amendments to the constitution of this State,
heretofore adopted, shall be amended by striking out all after the
Avord " polls," in the thirteenth line, to and including the Avord " elec-
tion," in the twenty-first line.
Article ninth of said amendments shall be amended by adding at
the end thereof the folloAving provisions:
"Sec. 11. But citizens of this State absent therefrom in the mili-
tsiry service of the United States or of this State, and not in the
Regular Army of the United States, being otherAvise qualified electors,
shall be alloAved to Aote for judges and registers of probate, sheriffs,
and all other county officers, on the Tuesday next after the first
Monday of XoA^ember, in the year one thousand eight hundred and
sixtA^-four, and their Azotes shall be counted and alloAved in the same
manner and with the same effect as if giA^en on the second Monday
of September in that year. And they shall be allowed to A'ote for all
such officers on the second Monday in September annually thereafter
forever. And the votes shall be given at the same time and in the
same manner, and the names of the seA'eral candidates shall be printed
or Avritten on the same ballots with those for goA^ernor, senators, and
representatiA'es, as proA'ided in the amendment to section four of
article second of this constitution."
(Ratified 18G8)
Art. XIII. The State is authorized to issue bonds, payable Avithin
twenty-one years, at a rate of interest not exceeding 6 per cent, a
year, payable semi-annually, Avhich bonds or their proceeds shall be
devoted solely toAvards the reimbursement of the expenditures in-
curred by the cities, toAvns, and plantations of the State for war
Appendix 4185
purposes dufing the rebellion, upon the following basis: Each city,
town, and plantation shall receive from the State one hundred dol-
lars for every man furnished for the military service of the United
States under and after the call of July second, eighteen hundred and
sixty-two, and accepted by the United States towards its quota for
the term of three years, and in the same proportion for every man so
furnished and accepted for any shorter period; and the same shall
be in full pa3anent for au}^ claim upon the State on account of its
war debts by any such municipality. A commission appointed by
the governor and council shall determine the amount to which each
city, town, and plantation is entitled, to be devoted to such reim-
bursement; the surplus, if any, to be apj^ropriated to the soldiers
who enlisted or were drafted and went at any time during the war,
or, if deceased, to their legal representatives. The issue of bonds
hereby authorized shall not exceed in the aggregate three million five
hundred thousand dollars, and this amendment shall not be construed
to permit the credit of the State to be directly or indirectly loaned
in any other case or for any other purpose.
(Ratified 1869)
Art. XIV. The legislature may, by law, authorize the dividing of
towns having not less than four thousand inhabitants, or having
voters residing on any island within the limits thereof, into voting-
districts for the election of representatives to the legislature, and
prescribe the manner in which the votes shall be received, counted,
and the result of the election declared.
(Ratified 187C)
Art. IV, Part 3. Sec. 12. The legislature shall, from time to time,
provide, as far as practicable, by general laws, for all matters usually
appertaining to special or priA^ate legislation.
Sec. 14. Corporations shall be formed under general laws, and
shall not be created by special acts of the legislature, except for mu-
nicipal purposes, and in cases where the objects of the corporation
cannot otherwise be attained ; and, however formed, they shall forever
be subject to the general laws of the State.
Art. V, Part 1. Sec. 11. Amended by striking out of said section
all after the word " reprieves," and by adding thereto the following:
Commutations and pardons, except in cases of impeachment, upon
such conditions, and with such restrictions and limitations as may be
deemed proper, subject to such regulations as may be provided by
law, relative to the manner of applying for pardons. And he shall
communicate to the legislature, at each session thereof, each case of
reprieve, remission of penalty, commutation or pardon granted, stat-
ing the name of the convict, the crime of which he was convicted, the
sentence and its date, the date of the reprieve, remission, commuta-
tion, or pardon, and the conditions, if any, upon which the same was
granted.
Art. VI. Sec. 8. Judges of municipal and police courts shall be
appointed by the executive power, in the same manner as other judi-
cial officers, and shall hold their offices for the term of four years :
Provided, hoivever, That the present incumbents shall hold their
offices for the term for which they were elected.
4186 Appendix
Art. IX. Sec. 8. All taxes upon real and personal estate, assessed
by authority of this State, shall be apportioned and assessed equally,
according to the just value thereof.
Sec. 9. The legislature shall never, in any manner, suspend or sur-
render the power of taxation.
Art. IX. Sec. 10, of the amendments. Amended, by striking out
the words " land agent and."
Art. IV, Part 3. Sec. 9. The legislature shall, by a two-thirds
concurrent vote of both branches, have the power to call constitu-
tional conventions, for the purpose of amending this constitution.
The legislature may enact laws excluding from the right of suffrage,
for a term not exceeding ten years, all persons convicted of bribery
at any election, or of voting at any election, under the influence of a
bribe.
Art. X. Sec. 6. After the amendments proposed herewith shall
haA-e been submitted to popular vote, the chief justice of the
supreme judicial court shall arrange the constitution, as amended,
under appropriate titles, and in proper articles, parts and sections,
omitting all sections, clauses, and words not in force, and making no
other changes in the provisions or language thereof, and shall submit
the same to the legislature at its next session. And the draft, and
arrangement, when approved by the legislature, shall be enrolled on
parchment and deposited in the office of the secretary of state; and
printed copies thereof shall be prefixed to the books containing the
laws of the State. And the constitution, Avith the amendments made
thereto, in accordance with the provisions thereof, shall be the
supreme law of the State.
Sec. T. Sections one, two, and five, of article ten of the existing
constitution, shall hereafter be omitted in any printed copies thereof
l^refixed to the laws of the State ; but this shall not impair the validity
of acts under those sections; and said section five shall remain in full
force, as part of the constitution, according to the stipulations of
said section, with the same effect as if contained in said printed copies.
CONSTITUTION OF NEW JERSEY— 1844 <^
We, the people of the State of Netv Jersey, grateful to Almighty God
for the civil and religious liberty which He hath so long permitted
vs to enjoy, and looking to Him for a Messing upon our endeavors
to secure and transTnit the same unimpaired to succeeding genera-
tions, do ordain and establish this constitution.
Article I
rights and privileges
One. All men are by nature free and independent, and have certain
natural and unalienable rights, among which are those of enjoying
a This constitution was framed by a convention which assembled at Ti'enton
May 14, 1844, and completed its labors June 29, 1844. It was submitted to the
people and ratified August 13, 1844, receiving 20,276 votes against 3,526.
Appendix 4187
•And defending life and liberty, acquiring, possessing, and protecting
property, and of ])ursuing and obtaining safety and happiness.
Two. All political poAver is inherent in the people.
Government is instituted for the protection, security, and benefit of
the people, and they have the right at all times to alter or reform' the:
same, whenever the public good may require it.
Three, No person shall be deprived of the inestimable privilege of
worshiiDping Almighty God in a manner agreeable to the dictates of
his own conscience ; nor under any pretence whatever be compelled to*
attend any place of worship contrary to his faith and judgment; nor
shall any person be obliged to pay tithes, taxes, or other rates for
building or repairing any church or churches, place or places of wor-
ship, or for the maintenance of any minister or ministry, contrary to
what he believes to be right, or has deliberately and voluntarily
engaged to perform.
Four. There shall be no establishment of one religious sect in pref-
erence to another ; no religious test shall be required as a qualification
for any office or public trust; and no person shall be denied the
enjoyment of any civil right merely on account of his religious
principles.
Five. Every person may freely speak, w^rite, and publish his senti-
ments on all subjects, being responsible for the al)use of that right.
Xo law shall be passed to restrain or abridge the liberty of speech or
of the press. In all prosecutions or indictments for libel, the truth
may be given in evidence to the jury; and if it shall appear to the
jury that the matter charged as libellous is true, and was published
with good motives and for justifiable ends, the party shall be
acquitted ; and the jury shall have the right to determine the law and
the fact.
Six. The right of the people to bo secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated ; and no warrant shall issue but upon probable cause,
supported by oatii or affirmation, and particularly describing the
place to be searched and the papers and things to be seized.
Seven. The right of trial by jury shall remain inviolate; but the
legislature may authorize the trial of civil suits, when the matter in
dispute does not exceed fifty dollars, by a jury of six men.
Eight. In all criminal prosecutions the accused shall have a right
to a speedy and public trial by an impartial jury ; to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel in his
defence.
Nine. No person shall be held to answer for a criminal offence,
unless on the presentment or indictment of a grand jury, except in
cases of impeachment, or in cases cognizable by justices of the peace,
or arising in the army or navy ; or in the militia, when in actual serv-
ice in time of war or public danger.
Ten. No person shall, after acquittal, be tried for the same offence.
All persons shall, before conviction, be bailable by sufficient sureties,
except for capital offences, when the proof is evident or presumption
great.
Eleven. The privilege of the writ of habeas corpus shall not be
4188 Appendix
suspended, unless in case of rebellion or invasion the public safety
may require it.
Twelve. The military shall be in strict subordination to the civil
power.
Thirteen, No soldier shall, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war, except
in a manner prescribed by law.
Fourteen. Treason against the State shall consist only in levying
war against it, or in adhering to its enemies, giving them aid and
comfort. No person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on confession in
ojjen court.
Fifteen. Excessive bail shall not be required, excessive fines shall
not be imposed, and cruel and unusual jDunishments shall not be
inflicted.
Sixteen. Private property shall not be taken for public use, Avithout
just compensation; but land may be taken for public highways, as
heretofore, until the legislature shall direct compensation to be
made.
Seventeen. No person shall be imprisoned for debt in any action
or on any judgment founded upon contract, unless in case of fraud;
nor shall any person be imprisoned for a militia fine in time of peace.
Eighteen. The people have the right freely to assemble together
to consult for the comnum good, to make known their opinions to
their representatives, and to petition for redress of grievances.
Nineteen." This enumeration of rights and privileges shall not be
construed to imj^air or deny others retained by the people.
Article II
RIGHT OF SUFFRAGE
One." Every white male citizen of the United States, of the age of
twenty-one years, who shall have been a resident of this State one
3^ear, and of the county in which he claims his vote five months, next
before the election, shall be entitled to vote for all oflicers that now
are, or hereafter may be, elective by the people: Provided, That no
person in the military, naval, or marine service of the United States
shall be considered a resident in this State, by being stationed in any
garrison, barrack, or military or naval place or station within this
State; and no pauper, idiot, insane person, or person convicted of a
crime which now excludes him from being a witness, unless par-
doned or restored by law to the right of suffrage, shall enjoy the right
of an elector.
Two." The legislature may pass laws to deprive persons of the
right of suffrage who shall be convicted of bribery at elections.
Article III
DISTRIBUTION OF THE POWERS OF GOVERNMENT
The powers of the government shall be divided into three distinct
departments — the legislative, executive, and judicial; and no person
o See amendments.
Appendix 4189
or persons belonging to or constituting one of these departments shall
exercise any of the powers properly belonging to either of the others,
except as herein expressly provided.
Article IV
LEGISLATIVE
Section 1. One. The legislative power shall be vested in a senate
and general assembly.
Two. No person shall be member of the senate who shall not have
attained tlie age of thirty years, and have been a citizen and inhab-
itant of the State for four j^ears, and of the county for which he
shall be chosen one year, next before his election ; and no j^erson shall
be a member of the general assembly who shall not have attained the
age of twenty-one j^ears, and have been a citizen and inhabitant of
the State for two years, and of the county for which he shall be chosen
one year next before his election: Prorided, That no person shall be
eligible as a member of either house of the legislature, who shall not
be entitled to the right of suffrage.
Three." Members of the senate and general assembly shall be elected
yearly and every year, on the second Tuesday of October; and the
two houses shall meet separately on the second Tuesday in January
next after the said day of election; at Avhich time of meeting the
legislative year shall commence; but the time of holding such election
may be altered by the legislature.
Sec. 2. One. The senate shall be composed of one senator from
each county in the State, elected by the legal voters of the counties,
respectively, for three years.
Two. As soon as the senate shall meet after the first election to be
held in pursuance of this constitution, they shall be divided as equally
as may be into three classes. The seats of the senators of the first
class shall be vacated at the expiration of the first 3'ear; of the second
class at the expiration of the second year, and of the third class at the
expiration of the third year, so that one class may be elected every
year ; and if vacancies happen by resignation or otherwise, the persons
elected to supply such vacancies shall be elected for the unexpired
terms only.
Sec. 3. One. The general assembly shall be composed of members
annually elected by the legal voters of the counties, respectively, who
shall be api^ortioned among the said counties as nearly as may be
according to the number of their inhabitants. The present appor-
tionment shall continue until the next census of the United States
shall have been taken, and an apportionment of members of the gen-
eral assembly shall be made by the legislature at its first session after
the next and every subsequent enumeration or census, and when made
shall remain unaltered until another enumeration shall have been
taken: Provided, That each county shall at all times be entitled to
one member; and the whole number of members shall never exceed
sixty.
Sec. 4. One. Each house shall direct writs of election for supplying
vacancies, occasioned by death, resignation, or otherwise; but if va-
cancies occur during the recess of the legislature, the writs may be
a See amendments.
4190 Appendix
issued by the governor, under such regulations as may prescribed by
law.
Two. Each house shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall con-
stitute a quorum to do business, but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance
of absent members, in such manner and under such penalties as each
house shall provide.
Three. Each house shall choose its own officers, determine the rules
of its proceedings, punish its members for disorderly behavior, and,
with the concurrence of two-thirds, may expel a member. *
Four. Each house shall keep a journal of its proceedings, and from
time to time publish the same ; and the yeas and nays of the members
of either house on any question shall, at the desire of one-fifth of those
present, be entered on the journal.
Five. Neither house, during the session of the legislature, shall,
without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two houses shall be
sitting.
Six. All bills and joint resolutions shall be read three times in
each house before the final passage thereof, and no bill or joint reso-
lution shall pass unless there be a majority of all the members of
each body personally present and agreeing thereto, and the yeas and
nays of members voting on such final passage shall be entered on the
journal.
Seven." Members of the senate and general assembly shall receive
a compensation for their services, to be ascertained by law, and paid
out of the treasurv of the State, which compensation shall not exceed
the sum of three dollars per day for the period of forty days from
the commencement of the session, and shall not exceed the sum of
one dollar and fifty cents per day for the remainder of the session.
When convened in extra session by the governor, they shall receive
such sum as shall be fixed for the first forty days of the ordinary
session. They shall also receive the sum of one dollar for every ten
miles they shall travel in going to and returning from their place of
meeting, on the most usual route. The president of the senate and
the speaker of the house of assembly shall, in virtue of their offices,
receive an additional compensation, equal to one-third of their per
diem alloAvance as members.
Eight. ]Members of the senate or of the general assembly shall, in
all cases except treason, felony, and breach of peace, be privileged
from arrest during their attendance at the sitting of their respective
houses and in going to and returning from the same; and for any
speech or debate, in either house, they shall not be questioned in any
other place.
Sec. 5. One. No member of the senate or general assembly shall,
during the time for which he was elected, be nominated or appointed
by the governor, or by the legislature in joint meeting, to any civil
office under the authority of this State which shall have been created
or the emoluments whereof shall have been increased during such
time.
a See amendments.
Appendix ' 4191
Two. If any member of the senate or general assembly shall be
elected to represent this State in the Senate or House of Representa-
tives of the United States, and shall accept thereof, or shall accept
of any office or appointment under the Government of the United
States, his seat in the legislature of this State shall thereby be vacated.
Three. No justice of the supreme court, nor judge of any other
court, sheriff, justice of the peace, nor any person or persons possessed
of any office of iorofit under the government of this State shall be
entitled to a seat either in the senate or in the general assembly; but
on being elected and taking his seat his office shall be considered
vacant, and no person holding any office of profit under the Govern-
ment of the United States shall be entitled to a seat in either house.
Sec. 6. One. All bills for raising revenue shall originate in the
house of assembly, but the Senate may propose or concur with amend-
ments, as on other bills.
Two. No money shall be drawn from the treasury but for appro-
j)riations made by law.
Three. The credit of the State shall not be directly or indirectly
loaned in any case.
Four. The legislature shall not, in any manner, create any debt or
debts, liability or liabilities of the State, which shall singly or in the
aggregate, with any previous debts or liabilities, at any time exceed
one hundred thousand dollars, except for purposes of war, or to repel
invasion, or to suj^press insurrection, unless the same shall be author-
ized by a law for some single object or work, to be distinctly specified
therein, which law shall provide the ways and means, exclusive of
loans, to pay the interest of each debt or liability as it falls due, and
also to pay and discharge the principal of such debt or liability
within thirty-five years from the time of the contracting thereof, and
shall be irrepealable until such debt or liability, and the interest
thereon, are fully paid and discharged, and no such law shall take
effect until it shall, at a general election, have been submitted to the
people, and have received the sanction of a majority of all the votes
cast for and against it at such election, and all money to be raised by
the authority of such law shall be applied only to the specific object
stated therein, and to the payment of the debt thereby created. This
section shall not be construed to refer to any money that has been or
may be deposited with this State by the Government of the United
States.
Sec. 7. One. No divorce shall be granted by the legislature.
Two. No lottery shall be authorized by this State, and no ticket in
any lottery not authorized by a law of this State shall be bought or
sold within the State.
Three. The legislature shall not pass any bill of attainder, ex post
facto law, or law impairing the obligation of contracts, or depriving
a party of any remedy for enforcing a contract which existed when
the contract was made.
Four." To avoid improper influences which may result from inter-
mixing in one and the same act such things as have no proper relation
to each other, every law shall embrace but one object, and that shall
be expressed in the title.
« See amendments.
4192 Appendix
Five. The laws of this State shall begin in the following style:
" Be it enacted hy the senate and general afisembly of the State of New
JerseyP
Six." The fund for the support of free schools, and all money,
stock, and other property which may hereafter be ajDpropriated for
that purpose, or received into the treasury under the j^rovision of
any law heretofore passed to augment the said fund, shall be securely
invested and remain a perpetual fund, and the income thereof, except
so much as it may be judged expedient to apply to an increase of the
capital, shall be annually appropriated to the support of public
schools, for the equal l^enefit of all the peo])le of the State, and it shall
not be competent for the legislature to borrow, appi-opriate, or use the
said fund, or any part thereof, for any other purpose imder any pre-
tence whatever.
Seven. Xo private or special law shall be passed authorizing the
sale of any lands belonging in whole or in part to a minor or minors,
or other persons who may at the time be under any legal disability to
act for themselves.
Eight." The assent of three-fifths of the members elected to each
house shall be requisite to the passage of every law for granting, con-
tinuing, altering, amending, or renewing cliai'ters for banks or money
corporations, and all such charters shall be limited to a term not ex-
ceeding twenty years.
Nine." Individuals or private corporations shall not be authorized
to take private property for public use without just compensation
first made to the owners.
Ten. The legislature may vest in the circuit courts or courts of
common pleas within the several counties of this State chancery pow-
ers, so far as relates to the foreclosure of mortgages and sale of mort-
gaged premises.
Sec. 8. Members of the legislature shall, before they enter on the
duties of their respective offices, take and subscribe the following oath
or affirmation :
" I do solemnly swear or affirm, as the case may be that I will sup-
port the Constitution of the United States and the constitution of the
State of Xew Jersey, and that I will faithfully discharge the duties of
senator or member of the general assembly, as the case may l)e accord-
ing to the best of my ability.''
And members-elect of the senate or general assembly are hereby
empowered to administer to each other the said oath or affirmation.
Article V
EXECUTIVE
One. The executive power shall be vested in a governor.
Two. The governor shall be elected by the legal voters of this State.
The person having the highest number of votes shall be the governor;
but if two or more shall be equal and highest in votes, one of them
shall be chosen governor by the vote of a majority of the members of
both houses in joint meetiug. Contested elections for the office of gov-
ernor shall be determined in such manner as the legislature shall
direct by law. When a governor is to be elected by the people, such
Appendix 4193
election shall be held at the time when and at the places where the
people shall respectively vote for members of the legislature.
Three. The governor shall hold his office for three years, to com-
mence on the third Tuesday of January next ensuing the election for
governor by the people, and to end on the Monday preceding the
third Tuesday of January, three years thereafter, and he shall be
incapable of holding that office for three years next after his term
of service shall have expired, and no appointment or nomination to
office shall be made by the governor during the last week of his said
term.
Four. The governor shall be not less than thirty years of age, and
shall have been for tAventy years, at least, a citizen of the United
States, and a resident of this State seven years next before his elec-
tion, miless he shall have been absent during that time on the public
business of the United States or of this State.
Five. The governor shall, at stated times, receive for his services a
compensation which shall be neither increased nor diminished during
the period for which he shall have been elected.
Six." He shall be the commander-in-chief of all the military and
naval forces of the State; he shall have power to convene the legis-
lature whenever in his opinion public necessity requires it ; he shall
communicate by message to the legislature at the opening of each
session, and at such other times as he may deem necessary, the con-
dition of the State, and recommend such measures as he may deem
expedient; he shall take care that the laws be faithfully executed,
and grant, under the great seal of the State, commissions to all such
officers as shall be required to be commissioned.
Seven.* Every bill which shall have passed both houses shall be
presented to the governor; if he approve he shall sign it, but if not
he shall return it, with his objections, to the house in which it shall
have originated, who shall enter the objections at large on their jour-
nal and proceed to reconsider it; if, after such reconsideration, a
majority of the whole number of that house shall agree to pass the
bill, it shall be sent, together with the objections, to the other house,
by which it shall likewise be reconsidered, and if approved of by a
majority of the whole number of that house, it shall become a law;
but in neitlier house shall the vote be taken on the same day on which
the bill shall be returned to it, and in all such cases the votes of both
houses shall be determined by yeas and nays, and the names of the
persons voting for and against the bill shall be entered on the journal
of each house respectively. If any bill shall not be returned by the
governor within five days (Sundays excepted) after it shall have
been presented to him, the same shall be a law in like manner as if
he had signed it, unless the legislature, by their adjournment, prevent
its return, in wdiich case it shall not be a law.
Eight.'' No member of Congress or person holding an office luider
the United States or this State shall exercise the office of governor,
and in case the governor, or person administering the government,
shall accept of any office under the. United States or this State, his
office of governor shall thereupon be vacant.
« See amenclnients.
4194 Appendix
Nine. The governor, or person administering the government, shall
have power to suspend the collection of fines and forfeitures, and to
grant reprieves to extend until the expirsttion of a time not exceeding
ninety days, after conviction, but this power shall not extend to cases
of impeachment.
Ten. The governor, or person administering the government, the
chancellor, and the six judges of the court of errors and appeals, or
a major part of them, of whom the governor, or person administering
the government, shall be one, may remit fines and forfeitures and
grant pardons, after conviction, in all cases except impeachment.
Eleven. The governor and all other officers under this State shall
be liable to impeachment for misdemeanor in office, during their con-
tinuance in office, and for two years thereafter.
Twelve. In case of the death, resignation, or removal from office
of the governor, the j^owers, duties, and emoluments of the office
shall dcA^olve upon the president of the senate, and in case of his
death, resignation, or removal, then upon the speaker of the house
of assembly, for the time being, until another governor shall be
elected and qualified, but in such case another governor shall be
chosen at the next election for members of the State legislature,
unless such death, resignation, or removal shall occur within thirty
days immediately preceding such next election, in Avhich case a gov-
ernor shall be chosen at the second succeeding election for members
of the legislature. AVhen a vacancy hajjpens during the recess of
the legislature, in any office Avhicli is to be filled by the governor and
senate, or by the legislature, in joint meeting, the governor shall fill
such vacancy, and the connnission shall expire at the end of the
next session of the legislature, unless a successor shall be sooner ap-
pointed. When a vacancy hai^pens in the office of clerk or surrogate
of any county, the governor shall fill such vacancy, and the commis-
sion shall expire when a successor is elected and cpuilified.
Thirteen. In case of the impeachment of the governor, his absence
from the State, or inability to discharge the duties of his office, the
powers, duties, and emoluments of the office shall devolve upon the
l^resident of the senate; and in case of his death, resignation, or re-
moval, then upon the speaker of the house of assembly, for the time
being, until the governor absent or impeached shall return or be ac-
quitted, or until the disqualification or inability shall cease, or until
a new governor be elected and qualified.
Fourteen. In case of a vacancy in the office of governor, from any
other cause than those herein enumerated, or in case of the death of
the governor-elect, before he is qualified into office, the powers, duties,
and emoluments of the office shall devolve upon the president of the
senate or speaker of the house of assembly, as above provided for,
until a new governor be elected and qualified.
Article VI
JUDICIARY
Section 1. The judicial power shall be vested in a court of errors
and appeals in the last resort in all causes, as heretofore; a court for
the trial of impeachments ; a court of chancery ; a prerogative court ;
Appendix 4195^
a supreme court ; circuit courts, and such inferior courts as now exist,,
and as may be hereafter ordained and established by law ; which
inferior courts the legislature may alter or abolish, as the public good
shall require.
Sec. 2. One. The court of errors and appeals shall consist of the
chancellor, the justices of the supreme court, and six judges, or a
major part of them; which judges are to be appointed for six years.
Two. Immediately after the court shall first assemble, the six
judges shall arrange themselves in such manner that the seat of one
of them shall be vacated every year, in order that thereafter one judge;
may be annually appointed.
Three. Such of the six judges as shall attend the court shall receive;
resjjectively a pe?' diem compensation, to be provided by law.
Four. The secretary of state shall be the clerk of this court.
Five. When an appeal from an order or decree shall be heard, the
chancellor shall inform the court, in writing, of the reason for his
order or decree ; but he shall not sit as a member, or have a voice in
the hearing or final sentence.
Six. When a writ of error shall be brought, no justice who has given
a judicial opinion in the cause, in favor of or against any error com-
plained of, shall sit as a member, or have a voice on the hearing, or
for its affirmance or reversal ; but the reasons for such opinion shall
be assigned to the court in writing.
Sec. 3. One. The house of assembly shall have the sole power of
impeaching, by a vote of a majority of all the members; and all im-
})eachments shall be tried by the senate ; the members when sitting for
that purpose to be on oath or affirmation " truly and impartially to
try and determine the charge in question according to evidence; " and
no person shall be convicted without the concurrence of two-thirds of
all the members of the senate.
Two. Any judicial officer impeached shall be suspended from exer-
cising his office until his acquittal.
Three. Judgment, in cases of impeachment, shall not extend farther
than to removal from office and to disqualification to hold and enjoy
any office of honor, profit, or trust under this State; but the party
convicted shall nevertheless be liable to indictment, trial, and punish.-
ment, according to law.
Four. The secretary of state shall be the clerk of this court.
Sec. 4. One. The court of chancery shall consist of a chancellor.
Two. The chancellor shall be the ordinary, or surrogate-general,,
and judge of the prerogative court.
Three. All persons aggrieved by any order, sentence, or decree of
the orphans' court, may appeal from the same, or from any j^art
thereof, to the prerogative court; but such order, sentence, or decree
shall not be removed into the supreme court, or circuit court, if the
subject-matter thereof be within the jurisdiction of the orphans'
court.
Four. The secretary of state shall be the register of the prerogative
court, and shall perform the duties required of him by law in that
respect.
Sec. 5. One. The supreme court shall consist of a chief justice and
four associate justices. The number of associate justices may be
increased or decreased by law, but shall never be less than two.
4196 Appendix
Two. The circuit courts shall be held in every county of this State,
by one or more of the justices of the supreme court, or a judge ap-
pointed for that purpose, and shall, in all cases within the county,
except in those of a criminal nature, have common-law jurisdiction
concurrent with the supreme court, and any final judgment of a cir-
cuit court may be docketed in the supreme court, and shall operate
as a judgment obtained in the supreme court from the time of such
docketing.
Three. Final judgments in any circuit court msiy be brought by
writ of error into the supreme court, or directly into the court of
errors and appeals.
Sec. G. One. There shall be no more than five judges of the inferior
court of common pleas in each of the counties in this State after the
terms of the judges of said court now in office shall terminate. One
judge for each county shall be appointed every 3'ear, and no more,
except to fill vacancies, which shall be for the unexpired term only.
Two. The connnissi<ms for the appointments of judges of said court
shall bear date and take efi'ect on the first day of April next, and all
subsequent commissions for judges of said court shall bear date and
take effect on the first day of April in every successive year, except
commissions to fill vacancies, which shall bear date and take effect
when isued.
Sec. 7. One. There may be elected under this constitution two and
not more than five justices of the peace in each of the townships of
the several counties of this State, and in each of the wards in cities
that may vote in wards. When a township or ward contains two
thousand inhabitants or less, it may have two justices; when it con-
tains more than two thousand inhabitants, and not more than four
thousand, it may lun^e four justices; and when it contains more than
four thousand inhabitants, it may have five justices: Provided, That
whenever any township not voting in wards contains more than
seven thousand inhabitants, such township may have an additional
justice for each additional three thousand inhabitants above four
thousand.
Two. The population of the townships in the several counties of
the State and of the several wards shall be ascertained by the last
preceding census of the United States, until the legislature shall
provide by laAv some other mode of ascertaining it.
Article VII
APPOINTIXG POAVEK AND TENURE OF OFFICE
MILITIA OFFICERS
Section 1. One. The legislature shall provide by law for enroll-
ing, organizing, and arming the militia.
Two. Captains, subalterns, and non-commissioned officers shall be
elected by the members of their respective companies.
Three. Field-officers of regiments, independent battalions, and
squadrons shall be elected by the commissioned officers of their re-
spective regiments, battalions, or squadrons.
Four. Brigadier-generals shall be elected by the field-officers of
their respective brigades.
Appendix 4197
Five.'' Major-generals shall be nominated by the governor, and ap-
pointed by him, with the advice and consent of the senate.
Six. The legislature shall provide by law the time and manner of
electing militia officers, and of certifying their elections to the gov-
ernor, who shall grant their commissions and determine their rank,
when not determined by law, and no commissioned officer shall be
removed from office but by the sentence of a court-martial pursuant
to law.
Seven. In case the electors of subalterns, captains, or field-officers
shall refuse or neglect to make such elections, the governor shall have
power to appoint such officers, and to fill all vacancies caused by such
refusal or neglect.
Eight. Brigade-inspectors shall be chosen by the field-officers of
their respective brigades.
Nine.*^ The governor shall appoint the adjutant-general, quarter-
master-general, and all other militia officers whose appointment is not
otherwise provided for in this constitution.
Ten. Major-generals, brigadier-generals, and commanding officers
of regiments, independent battalions, and squadrons, shall appoint
the staff-officers of their divisions, brigades, regiments, independent
battalions, and squadrons, respectively.
CIVIL OFFICERS.
Sec. 2." One. Justices of the supreme court, chancellor, and judges
of the court of errors and appeals shall be nominated by the governor,
and appointed by him, with the advice and consent of the senate.
The justices of the supreme court and chancellor shall hold their
offices for the term of seven years; shall, at stated times, receive for
their services a compensation which shall not be diminished during
the term of their appointments; and they shall hold no other office
under the government of this State or of the United States.
Two." Judges of the courts of common pleas shall be appointed by
the senate and general assembly, in joint meeting.
They shall hold their offices for five years; but when appointed to
fill vacancies, they shall hold for the unexpired term only.
Three.*^ The State treasurer and the keeper and inspectors of the
State prison shall be appointed by the senate and general assembly, in
joint meeting.
They shall hold the offices for one year, and until their successors
shall be qualified into office.
Four." The attorney-general, prosecutors of pleas, clerk of the
supreme court, clerk of the court of chancer^'-, and secretary of state
shall be nominated by the governor, and appointed by him, Avith the
advice and consent of the senate.
They shall hold their offices five years.
Five." The law-reporter shall be appointed by the justices of the
supreme court, or a majority of them; and the chancery reporter
shall be appointed by the chancellor.
They shall hold their offices for five years.
Six." Clerks and surrogates of counties shall be elected by the
people of their respective counties, at the annual elections for mem-
bers of the general assembly.
They shall hold their offices for five years.
7535— VOL 7—09 27
4198 Appendix
Seven." Sheriffs and coroners shall be elected annually by the peo-
ple of their respective counties, at the annual elections for members
of the general assembly.
They may be reelected until they have served three years, but no
longer; after which three years must elapse before they can be again
capable of serving.
Eight." Justices of the peace shall be elected b}^ ballot, at the an-
nual meetings of Ihe toAvnships in the several counties of the State,
and of the Avards in the cities that may vote in wards, in such manner,
under such regulations, as may be hereafter provided by law.
They shall be conunissioned for the county, and their commissions
shall bear date and take effect on the first day of May next after their
election.
They shall hold their offices for five years ; but when elected to fill
vacancies, they shall hold for the unexpired term only: Proinded,
That the commission of any justice of the peace shall become vacant
upon his ceasing to reside in the township in Avhich he was elected.
The first election for justices of the peace shall take place at the
next annual town meetings of the townships in the several counties of
the State, and of the wards in cities that may vote in wards.
Xine." All other officers, whose appointments are not otherwise
provided for by laAv, shall be nominated by the governor, and ap-
pointed by him^ with the advice and consent of the senate; and shall
hold their offices for the time prescribed by law.
Ten." All civil officers elected or appointed pursuant to the pro-
visions of this constitution, shall be commissioned by the governor.
Eleven." The term of the office of all officers elected or appointed
pursuant to the provisions of this constitution, except when herein
otherwise directed, shall commence on the day of the date of their
respective commissions; but no commission for any office shall bear
date prior to the expiration of the term of the incumbent of said
office.
Article VIII
GENERAL PROVISIONS
One. The secretary of state shall be ^.v officio an auditor of the
accounts of the treasurer, and, as such, it shall be his duty to assist the
legislature in the annual examination and settlement of said accounts,
luitil otherwise provided by law.
Two. The seal of the State shall be kept by the governor or person
administering the government, and used by him officiallv, and shall
be called " The Great Seal of the State of New Jersey."
Three. All grants and commissions shall be in the name and by the
authority of the State of New Jersey, sealed wdth the great seal,
signed by the governor or person administering the government and
countersigned by the secretary of state, and shall run thus: "The
State of New Jersey to , greeting." All writs shall be in
the name of the State ; and all indictments shall conclude in the fol-
lowing manner, viz : "Against the peace of this State, the government
and dignity of the same."
" See amendments.
Appendix 4199
Four. This constitution shall take ejffect and go into operation on
the second day of Sei^tember, in the year of our Lord one thousand
eight hundred and forty- four.
Article IX
AMENDMENTS
Any specific amendment or amendments to the constitution may be
proposed in the senate or general assembly, and if the same shall be
agreed to by a majority of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered on
their journals, with the yeas and nays taken thereon, and referred to
the legislature then next to be chosen, and shall be published, for
three months previous to making such choice, in at least one news-
paper of each county, if any be published therein ; and if in the legis-
lature next chosen, as aforesaid, such proposed amendment or amend-
ments, or any of them, shall be agreed to by a majority of all the
members elected to each house, then it shall be the duty of the legis-
lature to submit such proposed amendment or amendments, or such
of them as may have been agreed to as aforesaid by the two legisla-
tures, to the people, in such manner and at such time, at least four
months after the adjournment of the legislature, as the legislature
shall prescribe; and if the people, at a special election to be held for
that purpose only, shall approve and ratify such amendment or
amendments, or any of them, by a majority of the electors qualified to
vote for members of the legislature voting thereon, such amendment
or amendments, so approved and ratified, shall become part of the
constitution: Provided, That if more than one amendment be sub-
mitted, they shall be submitted in such manner and form that the
people may vote for or against each amendment separately and dis-
tinctly; but no amendment or amendments shall be submitted to the
people by the legislature oftener than once in five years.
Article X
SCHEDULE
That no inconvenience may arise from the change in the constitu-
tion of this State, and in order to carry the same into complete opera-
tion, it is hereby declared and ordained that —
Section 1. The common law and statute laws noAV in force not
repugnant to this constitution, shall remain in force until they expire
by their own limitation, or be altered or repealed by the legislature;
and all writs, actions, causes of action, prosecution, contracts, claims,
and rights of individuals and of bodies-corporate, and of the State,
and all charters of incorporation shall continue, and all indictments
which shall have been found, or which may hereafter be found, for
any crime or offence committed before the adoption of this constitu-
tion, may be proceeded upon as if no change had taken place. The
several courts of law and equity, except as herein otherwise provided,
shall continue with the like powers and jurisdiction as if this con-
stitution had not been adopted.
4200 Appendix
Sec. 2, All officers now filling any office or appointment shall con-
tinue in the exercise of the duties thereof, according to their respec-
tive commissions or appointments, imless bj^ this constitution it is
otherwise directed.
Sec. 3. The present governor, chancellor, and ordinary or surro-
gate-general, and treasurer, shall continue in office until successors
elected or appointed under this constitution shall be sworn or affirmed
into office.
Sec. 4. In case of the death, resignation, or disability of the present
governor, the person who may be vice-president of council at the time
of the adoption of this constitution shall continue in office, and ad-
minister the government until a governor shall have been elected and
sw^orn or affirmed into office under this constitution.
Sec. 5. The present governor, or in case of his death or inability
to act, the vice-president of council, together with the present mem-
bers of the legislative council and secretary of state, shall constitute
a board of State canvassers, in the manner noAv provided b}' law, for
the purpose of ascertaining and declaring the result of the next
ensuing election for governor, members of the house of re^jresenta-
tives, and electors of President and Vice-President.
Sec. 0. The returns of the votes for governor, at the said next
ensuing election, shall be transmitted to the secretary of state, the
votes counted, and the election declared, in the manner now provided
by law in the case of the election of electors of President and Vice-
President.
Sec. 7. The election of clerks and surrogates, in those counties
where the term of office of the present incumbent shall expire pre-
vious to the general election of eighteen hundred and forty-five, shall
be held at the general election next ensuing the adoption of this con-
stitution; the result of Avhich election shall be ascertained in the
manner noAv provided by law for the election of sheriffs.
Sec. (S. The elections for the year eighteen hundred and forty-four
shall take place as now provided by law.
Sec. 9, It shall be the duty of the governor to fill all vacancies in
office happening between the adoj^tion of this constitution and the
first session of the senate, and not otherAvise provided for; and the
commissions shall expire at the end of the first session of the senate,
or Avhen successors shall be elected or appointed and qualified.
. Sec. 10. The restriction of the pay of members of the legislature,
after forty days from the commencement of the session, shall not be
applied to the first legislature convened under this constitution.
Sec. 11. Clerks of counties shall be clerks of the inferior courts of
common pleas and quarter sessions of the several counties, and per-
form the duties, and be subject to the regulations now required of
them by laAv, until otherwise ordained by the legislature.
Sec. 12. The legislature shall pass all laws necessary to carry into
effect the provisions of this constitution.
Done in convention, at the State-house in Trenton, on the twenty-
ninth day of June, in the year of our Lord one thousand eight hun-
dred and forty-four, and of the Independence of the United States of
America the sixty-eighth.
Alexander Wtjrtz, President.
William I^atersox, See7'et<(ry.
Th. J. Saunders, Assistant Secretary,
Appendix 4201
AMENDMENTS TO THE CONSTITUTION OF 1844
(Ratified 1875)
Article I. Insert as paragraph nineteen a new paragraph, as fol-
lows :
" Nineteen. No county, cit}^ borough, town, township, or village
shall hereafter give an}^ money or property, or loan its money or
credit, to or in aid of any individual, association, or corporation, or
become security for or be directly or indirectly the owner of any
stock or bonds of any association or cori^oration."
Insert as paragraph twenty a new paragraph, as folloA^■s:
" Twenty. No donation of land or appropriation of money shall
be made by the State or any municipal corporation to or for the use
of any society, association, or corporation whatever."
Change the number of present paragraph nineteen to number
twenty-one.
Art. II. Sec. 1. Strike out the word " white " between the word
" every " and the word " male '* in the first line.
Add to the paragraph the following:
''''And 2)rovided fiivtliei\ That in time of Avar no elector in the actual
military service of the State, or of the United States, in the Army or
Navy thereof, shall be deprived of his vote by reason of his absence
from such election-district ; and the legislature shall have power to
provide the manner in which, and the time and place at which, such
absent electors may vote, and for the return and canvass of their
votes in the election-districts in which they respectively reside."
Sec. 2. Strike out all of the second section after the word
" bribery."
Art. IV. Section 1. Paragraph three: Strike out the words
" second Tuesday of October," and insert in lieu thereof the words
"first Tuesday after the first Monday in November."
Sec. 4. Paragraph seven : Strike out the following words :
"A compensation for their services, to be ascertained by law, and
paid out of the treasury of the State; which compensation shall not
exceed the sum of three dollars per day for the period of forty days
from the commencement of the session, and shall not exceed the sum
of one dollar and fifty cents per day for the remainder of the session.
When convened in extra session by the governor they shall receive
such sum as shall be fixed for the first forty days of the ordinary
session. They shall also receive the sum of one dollar for every ten
miles they shall travel in going to and returning from their place of
meeting on the most usual route."
And insert in lieu thereof the following :
"Annually the sum of five hundred dollars during the time for
which they shall have been elected, and while they shall hold their
office, and no other allowance or emolument, directly or indirectly,
for any purpose whatever,"
Also strike out the words " per diem."
Sec. 7. Paragraph four : Add to the paragraph the following :
" No law shall be revived or amended by reference to its title only,
but the act revived, or the section or sections amended, shall be
inserted at length. No general law shall embrace any provision of
a private, special, or local character. No act shall be passed which
shall provide that any existing law, or any part thereof, shall be
4202 Appendix
made or deemed a part of the act, or Avhich shall enact that any
existing laAY, or any part thereof, shall bo applicable, excejit by
inserting it in such act."
Paragraph six : Insert the word '' free " between the word '* public "
and the word ""schools." and add to the paragraph the following:
'' The legislature shall provide for the maintenance and support of
a thorough and efficient system of free public schools for the instruc-
tion of all the children in this State between the ages of five and
eighteen j^ears.''
Strike out paragraph eight, as follows :
'' Eight. The assent of three-fifths of the members elected to each
house shall be requisite to the passage of every law for granting, con-
tinuing, altering, amending, or renewing charters for banks or money
cori3orations; and all such charters shall be limited to a term not
exceeding twenty j^ears.''
Change the number of present paragi-aph nine to eight.
Insert as paragraph nine a new paragraph, as follows:
" Nine. No private, special, or local bill shall be passed, unless
public notice of the intention to apply therefor, and of the general
object thereof, shall have been previously given. The legislature, at
the next session after the adoption thereof, and from time to time
thereafter, shall prescribe the time and mode of giving such notice,
the evidence thereof, and how such evidence shall be preserved."
Insert as paragraph eleven a new paragraph, as follows:
" Eleven. The legislature shall not jDass private, local, or special
laws in any of the following enumerated cases, that is to sa}^:
" Laying out, opening, altering, and working roads or highways.
" Vacating any road, town-plot, street, alley, or public grounds.
" Regulating the internal affairs of towns and counties; appointing
local offices or commisions to regulate municipal affairs.
" Selecting, drawing, summoning, or impanelling grand or petit
jurors.
" Creating, increasing, or decreasing the percentage or allowance
of public officers during the term for Avhich said officers were elected
or appointed.
"■ Changing the law of descent.
" Granting to any corporation, association, or individual any ex-
clusive privilege, immunity, or franchise whatever.
" Granting to any corporation, association, or individual the right
to lay down railroad-tracks.
" Providing for changes of venue in civil or criminal cases.
" Providing for the management and support of free public schools.
" The legislature shall pass general laws providing for the cases
enumerated in this paragraph, and for all other cases which, in its
judgment, may be provided for by general laws. The legislature
shall pass no special act conferring corporate powers, but they shall
pass general laws inider Avhich corporations may be organized and
corporate powers of every nature obtained, subject, nevertheless, to
repeal or alteration at the will of the legislature."
Insert as paragraph twelve a new paragraph, as follows:
" Twelve. Property shall be assessed for taxes under general hnvs,
and by uniform rules, according to its true value."
Appendix 4203
Sec. 8. Insert as paragraph two a new paragraph, as follows :
" Two. Every officer of the legislature shall, before he enters upon
his duties, take and subscribe the following oath or affirmation : " I
do solemnly promise and swear [or affirm] that I will faithfully,
impartially, and justly perform all the duties of the office of — — — ,
to the best of my ability and understanding; that I will carefully
preserve all records, papers, writings, or property intrusted to me for
safe-keeping by virtue of my office, and make such disposition of the
same as may be required by law.' "
Art. V. Paragraph six : After the word " legislature," where it
occurs first in said paragraph, insert the words " or the senate alone.""
Paragraph seven : Add to the paragraph the following :
" If any bill presented to the governor contain several items of
appropriations of money, he may object to one or more of such items
while approving of the other portions of the bill. In such case he
shall append 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 effect. 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 a majority of
the members elected to each house, the same shall be a part of the
law, notwithstanding the objections of the governor. All the pro-
visions of this section in relation to bills not approved by the gov-
ernor shall apply to cases in which he shall withhold his approval
from any item or items contained in a bill appropriating money."
Paragraph eight: Add to the paragraph the following:
" Nor shall he be elected by the legislature to any office under the
government of this State, or of the United States, during the term
for which he shall have been elected governor."
Art. VII. Section 1. Paragraph five : After the words " major-
generals," insert the words " the adjutant-general and quartermaster-
general."
Paragraph nine: Strike out the words "the adjutant-general,
quartermaster-general, and."
Also strike out the word " other."
Sec. 2. Paragraph one: Strike out the word "and," Avhere it oc-
curs first in the paragraph, and insert after the w^ord " appeals " the
following words: ''and judges of the inferior court of common
pleas."
Change the number of present paragraph three to number two,
and strike therefrom the following words : " and the keeper and
inspectors of the State prison;" and insert in lieu thereof the words
" and comptroller."
Also, strike out the words " one year " in the second clause of para-
graph two of section two, and insert in lieu thereof the words " three
years."
Change the number of present paragraph four to number three,
and strike out the word " and " where it occurs between the word
" chancery " and the word "secretary."
Also, insert after the word " State " the words " and the keeper of
the State prison."
4204 Appendix
Change the number of present paragraph five to number four.
Change the number of present paragraph six to number five.
Change the number of present paragraph seven to number six, and
strike therefrom the words " annually," " annual," and " they may
be reelected until the}^ shall serve three years, but no longer." Insert
after the word "assembly" the following words: "and they shall
hold their offices for three years;" and add to the paragraph the fol-
lowing words : " Sheriffs shall annualW renew their bonds."
Change the number of present paragraph eight to number seven.
Change the number of present paragraph nine to number eight.
Change the number of present paragraph ten to number nine.
Change the number of present paragraph eleven to number ten.
CONSTITUTION 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 boundary-line of the State of
Indiana, where a direct line drawn from the southern extremity of
Lake Michigan to the most northerly cape of the Maumee Bay shall
intersect the same, said point being the northwest corner of the State
of Ohio, as established by act of Congress, entitled "An act to 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
eight 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 boundary-
line between the United States and Canada through the Detroit Eiver,
Lake Huron, and Lake Superior, to a point Avhere the said line last
touches Lake Superior ; thence in a direct line through Lake Superior
to the mouth of the Montreal River; thence through the middle of
the main channel of the said river Montreal to the headwaters
thereof; thence in a direct line to the centre of the channel between
Middle and South Islands in the Lake of the Desert; thence in a
direct line to the southern shore of Lake Brule; thence along said
southern shore and down the river Brule to the main channel of the
Menomonee River ; thence down the centre of the main channel of the
same to the centre of the most usual ship-channel of the Green Bay
of Lake IMichigan : thence through the centre of the most usual ship-
channel of the said bay to the middle of Lake Michigan; thence
through the middle of Lake Michigan to the northern boundary of the
a This constitution was framed by a convention which met at Lansing June
3, 1850, and completed its labors August 15, 1850. It was ratified by a vote of
36,169 against 9,433.
Appendix 4205
State of Indiana, as that line was established by the act of Congress
of the nineteenth of April, eighteen hundred and sixteen ; thence due
east with the north boundary-line of the said State of Indiana to the
northeast corner thereof ; and thence south with the eastern boundary-
line of Indiana to the place of beginning.
Article II
SEAT OF GOVERNMENT
Section 1. The seat of government shall be at Lansing, where it is
now established.
Article III
DIVISION OF the powers OF GOVERNMENT
Section 1. The powers of government are divided into three de-
partments— the legislative, executive, and judicial.
Sec. 2. No person belonging to one department shall exercise the
powers properly belonging to another, except in the cases expressly
provided in this constitution.
Article IV
legislative department
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 thirty-two inclusive; each of which
shall choose one senator. No county shall be divided in the forma-
tion of senate districts, except such county shall be equitably entitled
to two or more senators.
Sec. 3. The house of representatives shall consist of not less than
sixty- four nor more than one hundred members. Representatives
shall be chosen for two years, and by single districts. Each repre-
sentative district shall contain, as nearly as may be, an equal number
of white inhabitants, and civilized persons of Indian descent, not
members of any tribe, and shall consist of convenient and contiguous
territory. But no township or city shall be divided in the formation
of a representative district. Wlien any township or city shall con-
tain 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 organ-
ized, with such territory as may be attached thereto, shall be entitled
to a separate representative when it has attained a population equal
to a moiety of the ratio of representation. In every county entitled
to more than one representative, the board of supervisors shall as-
semble 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
4206 Appendix
such county a description of such representative districts, specifying
the number of each district, and the 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 enumer-
ation 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 Avhite inhabit-
ants and civilized persons of Indian descent, not members of any
tribe. Each apportionment and the division into rej^resentative
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
wiiich they rej^resent. A removal from their respective counties or
districts shall be deemed a v^acation of their office.
Sec. 6. No person holding any office under the United States, 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
treason, felony, or breach of the peace, be privileged from arrest.
They shall not be subject to any civil process during the session of
the legislature, or for fifteen days next before the commencement and
after the termination of each session. They shall not be questioned
in any other place for any s])eech in either house.
Sec. 8. A majority of each house shall constitute a quorum to do
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 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
retiu'n of its members; and may, with the concurrence of two-thirds
of all the members elected, exj^el 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 l)e entered upon the journal, with the names of the
members voting 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 nays of the members of either house on any question shall
he 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 inju-
rious to any person or the public, and have the reason of his dissent
entered on the journal.
Sec. 11. In all elections by either house or in joint convention, the
votes shall be given viva vor-e. All votes on nominations to the
0 Amendefi ; see pages 42.33, 4234.
Appendix 4207
senate shall- be taken by yeas and nays, and jDublished with the
journal of its proceedings.
Sec. 12. The doors of each house shall be open, unless the public
welfare require secrec3\ Neither house shall, without the consent of
the other, adjourn for more than three days, nor to any other place
than where the legislature may then be in session.
Sec. 13. Bills may originate in either house of the legislature.
Sec. 14. Every bill and concurrent resolution, except of adjourn-
ment, passed by the legislature, shall be presented to the governor
before it becomes a law. If he approve he shall sign it, but if not
he shall return it, with his objections, to the house in which it origi-
nated, which shall enter the objections,* at large upon their journal
and reconsider it. On such reconsideration, if two-thirds of the
members elected agree to pass the bill, it shall be sent, with the
objections, to the other house, by which it shall be reconsidered. If
approved by two-thirds of the members elected to that house, it shall
become a law. In such case the vote of both houses shall be deter-
mined by yeas and nays, and the names of the members voting for
and against the bill shall be entered on the journals of each house
respectively. If any bill be not returned by the governor within ten
days, Sundays excepted, after it has been presented to him, the same
shall become a law, in like manner as if he had signed it, unless the
legislature, by their adjournment, prevent its return, in which case
it shall not become a law. The governor may approve, sign, and file
in the office of the secretary of state, within five days after the ad-
journment of the legislature, any act passed during the last five days
of the session, and the same shall become a law.
Sec. 15. The compensation of the members of the legislature shall
be three dollars a day for actual attendance, and when absent on ac-
count of sickness, for the first sixty days of the session of the year one
thousand eight hundred and fifty-one, and for the first forty days of
every subsequent session, and nothing thereafter. ^A'lien convened
in extra session, their compensation shall be three dollars a day for
the first twenty days, and nothing thereafter, and they shall legis-
late on no other subjects than those expressly stated in the governor's
proclamation, or submitted to them by special message. They shall
be entitled to ten cents, and no more, for every mile actually travelled
in going to and returning from the place of meeting, on the usually
travelled route, and for stationery and newspapers, not exceeding five
dollars for each member during any session. Each member shall be
entitled to one copy of the laws, journals, and documents of the 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 ex-
pressly authorized by this constitution."
Sec. 16. The legislature may provide by law for the payment of
postage on all mailable matter received by its members and officers
during the sessions of the legislature, but not on any sent or mailed by
them.
Sec. 17. The president of the senate and the speaker of the house of
representatives shall be entitled to the same ])er-diem compensation
and mileage as members of the legislature, and no more.
^ Amended ; see page 4231 .
4208 Appendix
Sec. 18. Xo person elected a member of the legislature shall receive
any civil aj^pointment within this State, or to the Senate of the United
States, from the governor, the governor and senate, from the legisla-
ture, or an}" other State authority, during the term for which he is
elected. All such appointments, and all votes given for any persori
so elected for any such oJfRce or appointment, shall be void. No mem-
ber of the legislature shall be interested, directly or indirectly, in any
contract with the State, or any county thereof, authorized by any law
l^assed during the time for which he is elected, nor for one year
thereafter.
Sec. 19. Every bill and joint resolution shall be read three times
in each house before the final* passage thereof. Xo bill or joint reso-
lution 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, Avhich 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 service
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 bind-
ing the laws and journals, all l)lanks, paper, and printing for the
executive dei:)artments, and all other printing ordered by the legisla-
ture, shall be let by contract to the lowest bidder or bidders, who shall
giAe adequate and satisfactory security for the performance thereof.
The legislature shall prescribe by law the manner in which the State
printing shall be executed, and the accounts rendered therefor; and
shall prohibit all charges for constructive labor. They shall not
rescind nor alter such contract, nor release the person nor persons tak-
ing the same, or his or their sureties, from the ])erforniance of any of
the conditions of the contract. Xo 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 commissioners 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-
lain for the State prison : but no money shall be appropriated for
the payment of any religious services in either house of the legis-
lature.
Sec. 25. Xo law shall l)e 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 reenacted and published at length.
Sec. 26. Divorces shall not be granted by the legislature.
Sec. 27. The legislature shall not authorize any lottery, nor permit
the sale of lotterv-tickets.
Appendix 4209
Sec. 28. l^o new bill shall be introduced into either honse during
the last three days of the session, without the unanimous consent of
the house in which it originates."
Sec. 29. In case of a contested election, the person only shall
receive from the State p'er-diem compensation and mileage who is
declared to be entitled to a seat by the house in Avhich the contest
takes place.
Sec. 30. No collector, holder, nor disburser of public moneys shall
have a seat in the legislature, or be eligible to any office of trust or
profit under this State, until he shall liave accounted for and paid
over, as provided by law, all sums for Avhich he may be liable.
Sec. 31. The legislature shall not audit nor allow any private claim
or account.
Sec. 32. The legislature, on the clay of final adjournment, shall
adjourn at twelve o'clock at noon.
Sec. 33. The legislature shall meet at the seat of government on
the first Wednesday in February next, and on the first Wednesday in
January of every second year thereafter, and at no other place or
time, unless as provided in this constitution.*
Sec. 34. The election of senators and representatives, pursuant 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
Monday of November of every second year thereafter.
Sec. 35. The legislature shall not establish a State paper. Every
newspaper in the State which shall publish all the general laws of
any session within forty days of their passage shall be entitled to
receive a sum not exceeding fifteen dollars therefor.
Sec. 30. The legislature shall provide for the speedy publication
of all statute laws of a public nature, and of such judicial decisions
as it may deem expedient. All laAvs and judicial decisions shall be
free for publication by any person.
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,
incorporated cities, and villages, and uj^on the board of supervisors
of the seA'eral counties, such powers of a local, legislative, and admin-
istrative character as they may deem proper.
Sec. 39. The legislature shall pass no law to prevent any person
from worshipping 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 titlies, taxes, or other rates
for the support of any minister of the gospel or teacher of religion.
Sec. 40. No money shall be appropriated or drawn from the treas-
ury for the benefit of any religious sect or society, theological or
religious seminary, nor shall property belonging to the State be
appropriated for any such purposes.
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.
'^ Amended ; see page 4231.
4210 Appendix
Sec. 42. No law shall ever be passed to restrain or abridge the
liberty of speech or of the press ; but every person may freely speak,
Avrite, and publish his sentiments on all subjects, being responsible for
the abuse of such right.
Sec. 43. The legislature shall j)ass no bill of attainder, e*' post facto
law, or law impairing the obligation of contracts.
Sec. 44. The privilege of the writ of habeas corpus remains, and
shall not be suspended by the legislature, except, in case of rebellion
or invasion, the public safety require it.
Sec. 45. The assent of two-thirds of the members elected to each
house of the legislature shall be requisite to every bill appropriating
the public money or property for local or private purposes.
Sec. 4C). The legislature may authorize a trial by a jury of a less
number than twelve men.
Sec. 47. The legislature shall not pass any act authorizing the
grant of license for the sale of ardent spirits or other intoxicating
liquors.
Sec. 48. The stjde of the laws shall be, " 71ie people of the State of
Michigan enact.''''
Article \
executive oepartment
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.
Sec. 2. No 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 tAvo years next preceding his elec-
tion, nor shall any person be eligible to either office who has not
attained the age of thirty years.
Sec. 3. The goA'ernor 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, by joint vote, choose one of such
persons.
Sec. 4. The governor shall be commander-in-chief of the military
and naval foi'ces, 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 officers of
government, and may require information, in writing, from the offi-
cers of the executive department, uj)on any subject relating to the
duties of their respective offices.
Sec. 6. He shall take care that the laws be faithfully 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 recommend such measures to them as he
shall deem exj^edient.
Sec. 9. He may convene the legislature at some other place when
the seat of government becomes dangerous from disease or a conunon
enemy.
Appendix 4211
Sec. 10. He shall issue writs of election to fill such vacancies as
occur in the senate or house of representatives.
Sec. 11. He may grant reprieves, commutations, and pardons after
convictions for all ott'ences except treason and cases of impeachment,
upon such conditions and with such restrictions and limitations as
he may think proper, subject to regulations provided by law relative
to the manner of applying for pardons. Upon conviction for treason
he may suspend the execution of the sentence until the case shall be
reported to the legislature at its next session, when the legislature
shall either pardon or commute the sentence, direct the execution of
the sentence, or grant a further reprieve. He shall communicate to
the legislature at each session information of each case of reprieve,
commutation, or pardon granted, and the reasons therefor.
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.
\\nien the governor shall be out of the State in time of war, at the
head of a military force thereof, he shall continue commander-in-chief
of all the military force of the State.
Sec. 13. During a vacancy in the office of governor, if the lieu-
tenant-governor die, resign, be impeached, displaced, be incapable of
performing the duties of his office, or absent from the State, the
president pro tempore of the senate shall act as governor until the
vacancy be filled or the disability cease.
Sec. 11. The lieutenant-governor shall, by virtue of his office, be
president of the senate. In committee of the whole he may debate
all questions; and when there is an equal division, he shall give the
casting vote.
Sec. 15. No member of Congress, nor any person holding 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 [governor] and president of the senate
■pro tempore^ when performing the duties of governor, shall receive
the same compensation as the governor.
Sec. 18. All official acts of the governor, his approval of the laws
excepted, shall be authenticated b}^ the great seal of the State, which
shall be kept by the secretary of state.
Sec. 19. All commissions issued to persons holding office under the
provisions of this constitution shall be in the name and by the
authority of the people of the State of Michigan, sealed with the
great seal of the State, signed by the governor, and countersigned by
the secretary of state.
Article VI
JUDICIAL DEPARTMENT
Section 1. The judicial power is vested in one supreme court, in
circuit courts, in probate courts, and in justices of the peace. Munici-
4212 Appendix
pal courts of civil and criminal jurisdiction maj^ be established by
the legislature in cities.
Sec. 2. For the term of six years, 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 deci-
sion. After six j^ears the legislature may provide by law for the
organization of a supreme court with the jurisdiction and powers
prescribed in this constitution, to consist of one chief justice and
three associate justices, to be chosen by the electors of the State.
Such supreme court, when so organized, shall not be changed or dis-
continued by the legislature for eight years thereafter. The judges
thereof shall be so classified that but one of them shall go out of
office at the same time. Their term of office shall be eight years.
Sec. 3. The supreme court shall have a general superintending
control over all inferior courts, and shall have power to issue writs
of error, habeas corpus, mandainus, quo warranto, procedendo, and
other original and remedial writs, and to hear and determine the
same. In all other cases it shall have appellate jurisdiction only.
Sec. 4. Four terms of the supreme court shall be held annually,
at such times and phices as may be designated by law.
Sec. 5. The supreme court shall, by general rules, establish, mod-
ify, and amend the practice in such court and in the circuit courts,
and simjilify the same. The legislature shall, as far as practicable,
abolish distinctions between law and equity proceedings. The office
of master in chancery is prohibited.
Sec. 6. The State shall be divided into eight judicial circuits; in
each of which the electors thereof shall elect one circuit judge, who
shall hold his office for the term of six years, and until his successor
is elected and qualified.
Sec. 7. The legislature may alter the limits of circuits, or increase
the number of the same. No alteration or increase shall have the
effect to remove a judge from office. In every additional circuit
established, the judge shall be elected by the electors of such circuit,
and his term of office shall continue as provided in this constitution
for judges of the circuit court.
Sec. 8. The circuit courts shall have original jurisdiction in all
matters, civil and criminal, not excepted in this constitution, and not
prohibited by law ; and appellate jurisdiction from all inferior courts
and tribunals, and a supervisory control of the same. They shall
also have power to issue writs of habeas corpus, mandamus, injunction,
quo warranto, certiorari, and other writs necessary to carry into effect
their orders, judgments, and decrees, and give them a general control
over inferior courts and tribunals within their respective jurisdictions.
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 judi-
cial 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 people,
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 concuiTing therein. Any judge dissenting therefrom shall
Appendix 4213
give the reasons of such dissent in writing under his signature. All
such opinions shall be filed in the office of the clerk of the supreme
court. The judges of the circuit court, within their respective juris-
dictions, may fill vacancies in the office of county clerk and of prose-
cuting attorney; 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 purposes
shall be the clerk of the circuit court of such county, and of the
supreme court when held within the same.
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 court shall be
prescribed by law.
Sec. 14. ^Yllen 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
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 common seal.
Sec. 16. The legislature may provide by law for the election of one
or more j^ersons 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, with such exceptions and restric-
tions as may be provided by law. They shall also have such criminal
jurisdiction and perform such duties as shall be prescribed by the
legislature.
Sec. 19. Judges of the supreme court, circuit judges, and justices
of the peace shall be conservators of the peace within their respec-
tive jurisdictions.
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
7535— VOL 7—09 28
4214 Appendix
election of such additional judges 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-two, and every fourth j^ear
thereafter.
Sec. 22. Whenever a judge shall remove beyond the limits of the
jurisdiction for which he was elected, or a justice of the peace from
the township in which he was elected, or by a change in the bound-
aries of such township shall be placed without the same, they shall be
deemed to have vacated their respective offices.
Sec. 23. The legislature may establish courts of conciliation, with
such powers and duties as shall be prescribed by law.
Sec. 24. Any suitor in any court of this State shall have the right
to prosecute or defend his suit, either in his own proper person, or by
an attorney or agent of liis choice.
Sec. 25. In all prosecutions for libels, the truth may be given in
evidence to the jury ; and if it shall appear to the jur^^ that the matter
charged as libelous is true, and was published with good motives and
for justifiable ends, the party shall be acquitted. The jury shall have
the right to determine the law and the fact.
Sec. 26. The person, houses, papers, and possessions of every per-
son shall be secure from unreasonable searches and seizures. No war-
rant to search any place, or to seize any person or things, shall issue
without describing them, nor without probable cause, supported by
oath or affirmation.
Sec. 27. The right of trial by jury shall remain, but shall be
deemed to be waived in all civil cases unless demanded by one of the
parties, in such manner as shall be prescribed by law.
Sec. 28. In every criminal prosecution, the accused shall have the
right to a speedy and public trial by an impartial jury, which may
consist of less than tAvelve men in all courts not of record; to be
informed of the nature of the accusation ; to be confronted Avith the
witnesses against him; to have compulsory process for obtaining
Avitnesses in his favor, and have the assistance of counsel for his
defence.
Sec. 29. No person, after acquittal upon the merits, shall be tried
for the same offence; all persons shall, before conviction, be bailable
by sufficient sureties, except for murder and treason, when the proof
is evident or the presumption great.
Sec. 30. Treason against the State shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and com-
fort. No person shall be convicted of treason unless upon the tes-
timony of two 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, liberty, or property,
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 fraud or
Appendix ' 4215
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 of the peo-
ple of the State of Michigan."
Article VII
ELECTIONS
Section 1. In all elections, every white male citizen, every white
male inhabitant residing in the State on the twenty- fourth day of
June, one thousand eight hundred and thirty-five; every white male
inhabitant residing in this State on the first day of January, one
thousand eight hundred and fifty, who has declared his intention to
become a citizen of the United States, pursuant to the laws thereof,
six months preceding an election, or who has resided in this State
two years and six months, and declared his intention as aforesaid;
and every civilized male inhabitant of Indian descent, a native of the
United States and not a member of any tribe, shall be an elector and
entitled to vote ; but no citizen or inhabitant shall be an elector, or en-
titled to vote at any election, unless he shall be above the age of
twenty-one years, and has resided in this State three months, and in
the township or ward in which he offers to vote, ten days next preced-
ing such election."
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. No elector shall be obliged to do militia duty on the day of
election, except in time of war or public danger, or attend court as
a suitor or witness.
Sec. 5. No 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
waters of this State or of the United States, or of the high seas;
nor while a student of any seminary of learning; nor Avhile kept at
any almshouse or other asylum at public expense ; nor while confined
in any public prison.
Sec. 6. Laws may be passed to preserve the purity of elections, and
guard against abuses of the elective franchise.
Sec. 7. No soldier, seaman, nor marine, in the Army or Navy of
the United States, shall be deemed a resident of this State in conse-
quence of being stationed in any military or naval place within the
same.
Sec. 8. Any inhabitant who may hereafter be engaged in a duel,
either as principal or accessory before the fact, shall be disqualified
from holding any office under the constitution and laws of this State,
and shall not be permitted to vote at any election.
" Amended ; see page 4233.
4216 Appendix
Article VIII
STATE OrriGERS
Section 1. There shall be elected at each general biennial election
a secretary of state, a superintendent of public instruction, a State
treasurer, a commissioner of the land-office, an auditor-general, and
an attorney-general, for the term of two years. They shall keep
their offices at the seat of government, and shall perforin 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.
Sec. 3. A^lienever a vacancy shall occur in any of the State offices,
the governor ■^hall fill the same by appointment, by and Avith 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
examine and adjust all claims against the State, not otherwise pro-
vided for by general law. They shall constitute a board of State
canvassers to determine the result of all elections for governor,
lieutenant-governor, and State officers, and of such other officers as
shall by law be referred to them.
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
canvassers, the legislature, in joint convention, shall choose one of
said persons to fill such office. When the determination of the board
of State canvassers is contested, the legislature, in joint convention,
shall decide which person is elected.
Article IX
SALARIES
Section 1. The governor shall receive an annual salary of one thou-
sand dollars; the judges of the circuit court shall each receive an
annual salary of one thousand five hundred dollars; the State treas-
urer shall receive an annual salary of one thousand dollars; the
auditor-general shall receive an annual salary of one thousand dol-
lars; the superintendent of public instruction shall receive an annual
salary of one thousand dollars; the secretary of state shall receiA^e an
annual salary of eight hundred dollars; the commissioner of the
land-office shall receive an annual salary of eight hundred dollars;
the attorney-general shall receive an annual salary of eight hundred
dollars. They shall receive no fees or perquisites whatever, for the
performance of any duties connected with their offices. It shall not
be competent for the legislature to increase the salaries herein pro-
vided.
Artic;le X
counties
Section 1. Each organized county shall be a body-corporate, with
such poAA'ers and immunities as shall be established by law. All
Appendix 4217
suits and proceedings by or against a county shall be in the name
thereof.
Sec. 2. No 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
residing in each county to be affected thereby shall so decide. The
legislature may organize any city into a separate county, when it has
attained a population of twenty thousand inhabitants, without refer-
ence to geographical extent, when a majority of the electors of a
county in which such city may be situated, voting thereon, shall be
in favor of a separate organization.
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
law. The board of supervisors in any county may unite the offices of
county clerk and register of deeds in one office, or disconnect the same.
Sec. 4. The sheriff, county clerk, county treasurer, -judge. of pro-
bate, 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
3''ears. He may be required by law to renew his security from time
to time, and in default of giving such security his office shall be
deemed vacant. The county shall never be responsible for his acts.
Sec. 6. A board of supervisors, consisting of one from each organ-
ized township, 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 counties in which they are situated as the legislature
may direct.
Sec. 8. No county-seat, once established, shall be removed, until the
place to which it is proposed to be removed shall be designated by
two-thirds of the board of supervisors of the county, and a majority
of the electors voting thereon shall have voted in favor of the pro-
posed location, in such manner as shall be prescribed by law.
Sec. 9. The board of supervisors of any county may borrow or
raise by tax one thousand dollars, for constructing or repairing pub-
lic buildings, highways, or bridges ; but no greater sum shall be bor-
rowed 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 county of Wayne, the
board of county auditors, shall have the exclusive power to prescribe
and fix the compensation for all services rendered for, and to adjust
all claims against, their respective counties, and the sum so fixed or
defined shall be subject to no appeal.
Sec. 11, The board of supervisors of each organized county may
provide for laying out highways, constructing bridges, and organiz-
ing townships, under such restrictions 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
4218 Appendix
clerk, who shall be ex-officio school inspector, one commissioner of
highways, one township treasurer, one school inspector, not exceed-
ing four constables, and one overseer of highways for each highway
district, whose powers and duties shall be prescribed by law.
Sec. 2. Each organized township shall be a bod3'-corporate, with
such powers and immunities as shall be prescribed by law. All suits
and proceedings by or against a township shall be in the name
thereof.
Article XII
IMPEACHMENTS AND REMOVALS FRO:\r OFFICE
Secttox 1. The house of representatives shall have the sole power
of imi^eaching civil officers for corruj^t conduct in office, or for crimes
or misdemeanors; but a majority 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
supreme court shall preside. AVhen an impeachment is directed, the
senate shall take an oath or affirmation truly and imi^artially to
try and determine the same according to the evidence. Xo per-
son shall be convicted without the concurrence of two-thirds of the
members elected. Judgment, in case of imijeachment, shall not
extend further than removal from office; but the party convicted
shall be liable to punishment according to law.
Sec. 3. When an impeachment is directed, the house of representa-
tives shall elect from their own body three membei's, whose duty it
shall be to prosecute such impeachment. Xo impeachment shall be
tried until the final adjournment of the legislature, when the senate
shall proceed to try the same.
Sec. 4. Xo 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. f). For reasonable cause, which shall not be sufficient ground
for the impeachment of a judge, the governor shall remove him on a
concurrent resolution of two-thirds of the members elected to each
house of the legislature; but the cause for which such removal is
required shall be stated at length in such resolution.
Sec. 7. The legislature shall provide by law for the removal of
any officer elected by a county, township, or school-district, in such
manner and for such cause as to them shall seem just and proper.
Article XIII
education
Section 1. The superintendent of public instruction shall have the
general suioervision of public instruction, and his duties shall be
prescribed by laAv.
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 edu-
Appendix 4219
cational 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
si3ecific objects of the original gift, grant, or appropriation.
Sec. 3. All lands, the titles to which shall fail from a defect of
heirs, siiall escheat to the State; and the interest on the clear proceeds
from the sales thereof shall be appropriated exclusively to the sup-
port of i^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 schools 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 3'ear, of its pro-
portion of the income of the primary-school fund, and of all funds
arising from taxes for the support of schools.
Sec. 6. There shall be elected in each judicial circuit, at the time of
the election of the judge of such circuit, a regent of the university",
whose term of office shall be the same as that of such judge. The
regents thus elected shall constitute the board of regents of the
University of Michigan.'*
Sec. 7. The regents of the university, and their successors in office,
shall continue to constitute the body-corporate known by the name
and title of " The regents of the University of Michigan."
Sec. 8. The regents of the university shall, at their first annual
meeting, or as soon thereafter as may be, elect a president of the
university, who shall be ex-officio a member of their board, with the
privilege of spealving, but not of voting. He shall preside at the
meetings of the regents, and be the principal executive officer of the
uniA'ersity. 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.
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 j^ears, 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 jDublic instruction shall be ex-ofjicio a member and
secretarj'^ of such board. The board shall have the general sujjer-
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 always be fostered and supported.
Sec. 11. The legislature shall encourage the promotion of intellec-
tual, scientific, and agricultural improvement; and shall, as soon as
practicable, provide for the establishment of an agricultural school.
" Amended ; see page 4232.
4220 Appendix
The legislature may appropriate the twenty-two sections of salt-
spring lands now unappropriated, or the money arising from the
sale of the same, where such lands have been already sold, and any
land which may hereafter be granted or appropriated for such pur-
pose, 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 librarian in each township ; and all fines assessed and col-
lected in the several counties and townships for any breach of the
penal laws shall be exclusively applied to the support of such libraries.
Article XIV
nXANCE AXD 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 f)rimary-school, university, and other educa-
tional funds, and the interest and principal of the State debt, in the
order herein recited, until the extinguishment of the State debt, other
than the amounts due to educational funds, when such specific taxes
shall be added to and constitute a part of the primary-school interest-
fund. The legislature shall provide for an annual tax, sufficient, with
other resources, to pay the estimated expenses of the State govern-
ment, the interest of the State debt, and such deficiency as may occur
in the resources.
Sec. 2. The legislature shall provide by law a sinking-fund, of at
least twenty thousand dollars a year, to commence in eighteen hundred
and fifty-two, with compound interest at the rate of G per cent, per
^nnum, and an annual increase of at least 5 per cent., to be applied
solely to the payment and extinguishment of the principal of the
State debt, other than the amounts due to educational funds, and
shall be continued until the extinguishment thereof. The unfunded
debt shall not be funded or redeemed at a value exceeding that estab-
lished 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 applied to the pur-
poses for which they were obtained, or to the payment of the debts
so contracted.
Sec. 4. The State may contract debts to repel invasion, suppress
insurrection, or defend the State in time of war. The money arising
from the contracting of such debts shall be applied to the purposes
for which it was raised, or to repay such debts.
Sec. 5. No money shall be paid out of the treasury except in pur-
suance of appropriations made by law.
Sec. 6, The credit of the State shall not be granted to or in aid of
any person, association, or corporation.
Sec. T. 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.
Appendix 4221
Sec. 8. Tke 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, or interested in, any work
of internal improvement, nor engaged in carrying on any such work,
except in the expenditure of grants to the State of land or other
property.
Sec. 10. The State may 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 banking, railroad, plank-road,
and other corporations hereafter created.
Sec. 11. The legislature shall provide a uniform rule of taxation,
except on property paying specific taxes, and taxes shall be levied
on such property as shall be prescribed by law\
Sec. 12. All assessments hereafter authorized shall be on property
at its cash value.
Sec. 13. The legislature shall provide for an equalization by a State
board, in the year one thousand eight hundred and fifty-one, and
every fifth year thereafter, of assessments on all taxable property,
except that paying specific taxes.
Sec. 14. Every law which imposes, continues, or revives a tax shall
distinctly state the tax, and the object to which it is to be applied;
and it shall not be sufficient to refer to any other law to fix such tax
or object.
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 law^s passed pursuant to this section may be altered, amended,
or repealed.**
Sec. 2. No banking law, or law for banking purposes, or amend-
ments thereof, shall have effect until the same shall, after its passage,
be submitted to a vote of the electors of the State, at a general elec-
tion, and be approved by a majority of the votes cast thereon at such
election.*
Sec. 3. The officers and stockholders of every corporation or associa-
tion for banking purposes, issuing bank-notes or paper-credits to
circulate as money, shall be individually liable for all debts contracted
during the time of their being officers or stockholders of such cor-
poration or association.<*
Sec. 4. The legislature shall provide by law for the registry of all
bills or notes issued or put in circulation as money, and shall require
security to the full amount of notes and bills so registered in State or
United States stocks, bearing interest, which shall be deposited with
the State treasurer, for the redemption of such bills or notes in specie.**
Sec. 5. 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.
Sec. 6. The legislature shall pass no law authorizing or sanction-
ing the suspension of specie payments by any person, association, or
corporation.
" Amended ; see page 4232.
4222 Appendix
Sec. 7. The stockholders of all corporations and joint-stock associa-
tions shall be individually liable for all labor performed for such
corporation or association.
Sec. 8. The legislature shall j3ass no law altering or amending any
act of incorporation heretofore granted without 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.
Sec. 9. The property of no person shall be taken by any corporation
for public use without compensation being first made or secured, in
such manner as ma}^ be prescribed b^' law.
Sec. 10. No corjDoration, except for municipal purposes, or for the
construction of railroads, plank-roads, and canals, shall be created
for a longer time than thirty years.
Sec. 11. The term '* corporations," as used in the preceding sections
of this article, shall be construed to include all associations and joint-
stock* comijanies having an}'^ of the powers or privileges of corpora-
tions not possessed by individuals or partnerships. All corporations
shall have the right to sue, and be subject to be sued, in all courts, in
like cases as natural persons.
Sec. 12. Xo corporation shall hold any real estate hereafter acquired
for a longer period than ten years, except such real estate as shall be
actually occupied by such corporation in the exercise of its franchises.
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. 14. Judicial officers of cities and villages shall be elected, and
all other officers shall be elected or appointed at such time and in such
manner as the legislature may direct.
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-
holders, and actually paid or secured in the manner provided by law.
Sec. 16. Previous notice of any application for an alteration of the
charter of any corporation shall be given in such manner as may be
l^rescribed by law.
Article XVI
exemptions
Section 1. The personal property of every resident of this State,
to consist of such proj^erty onl3^ as shall be designated b^^ law, shall
be exempted to the amount of not less than five hundred dollars from
sale on execution, or other final process of any court, issued for the
collection of any debt contracted after the adoption of this consti-
tution.
Sec. 2. Ever}- 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 anj^ toAvn-plat, city, or village ;
or instead thereof, at the option of the owner, any lot in any city,
village, or recorded town-plat, or such parts of lots as shall be equal
thereto, and the dwelling-house thereon and its apj)urtenances, owned
Appendix 4223
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
married 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 pa^nnent of his debts, contracted
after the adoption of this constitution, in all cases, during the minor-
ity 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.
ArTK LE XVII
^MILITIA
Section 1. The militia shall be composed of all able-bodied white
male citizens between the ages of eighteen and forty-five years,
except such as are exempted by the laws of the United States or of
this State; but all such citizens of any religious denomination what-
ever, who, from scruples of conscience, may be averse to bearing arms,
shall be excused therefrom, upon such conditions as shall be pre-
scribed 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 Avith 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 provisions
Section 1. Members of the legislature, and all officers, executive
and judicial, except such ofiicers as may by law be exempted, shall,
before they enter on the duties of their respective offices, take and
subscribe the folloAving oath or affirmation : " I do solemnly swear
[or affirm] that I will support the Constitution of the United States
and the constitution of this State, and I will faithfully discharge
the duties of the office of according to the best of my ability."
" Amended ; see page 4234.
4224 Appendix
And no other oath, declaration, or test shall be required as a qualifi-
cation for any office or public trust.
Sec. 2. When private property is taken for the use or benefit of
the public, the necessity for using such property, and the just com-
j^ensation 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.*
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 which the chief supply for home consumption is imported
from other States or countries.
Sec. 4. No navigable stream in this State shall be either bridged
or dammed without authority from the board of supervisors of the
proper countj^, 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 stream.
Sec. 5. An accurate statement of the receipts and expenditures of
the public moneys shall be attached to and published with the laws
at every regular session of the legislature.
Sec. 6. The laws, public records, and the written judicial and legis-
lative 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 defence 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 anj^ house
without the consent of the owner or occupant, nor in time of war,
excej)t 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 slaver}^ 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 who may hereafter become, hoiia-flde
residents of this State shall enjoj^ 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
in the manner to be prescribed by law ; but in every case the necessity
of the road and the amount of all damages to be sustained by the
opening thereof shall be first determined by a jury of freeholders,
and such amount, together with the expenses of proceedings, shall be
paid by the person or persons to be benefited.
" Amended ; see page 4232.
Appendix 4225
Sec. 15. Ko general revision of the laws shall hereafter be made.
"When a reprint thereof becomes necessary, the legislature, in joint
convention, shall appoint a suitable person to collect together such
acts and parts of acts as are in force, and, without alteration, arrange
them under appropriate heads and titles. The laws so arranged shall
be submitted to two commissioners appointed by the governor for
examination, and if certified by them to be a correct compilation of
all general laws in force, shall be printed in such manner as shall be
prescribed by law.
Article XIX
UPPER PENINSULA
Section 1. The counties of Mackinac, Chippewa, Delta, Marquette,
Schoolcraft, Houghton, and Ontonagon, and the islands and terri-
tory thereunto attached, the islands of Lake Superior, Huron, and
Michigan, and in Green Bay, and the straits of Mackinac and the
river Sainte 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, and 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 districts shall be entitled at all times to at
least one senator, and, until entitled to more by its population, it
shall have three members of the house of representatives, to be appor-
tioned among the several counties by the legislature.
Sec. 5. The legislature may provide for the payment of the dis-
trict 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. The elections for all district or county officers, State senator
or representatives, within the boundaries defined in this article, shall
take place on the last Tuesday of September in the respective years
in which they may be required. The county canvass shall be held on
the first Tuesday in October thereafter, and the district canvass on
the last Tuesday of said October."
Sec. 7. One-half of the taxes received into the treasury from mining
corporations in the upper peninsula paying an annual State tax of 1
per cent, shall be paid to the treasurers of the counties from which it
is received, to be applied for toAvnship 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
refunded.
« Auiended ; see page 4233.
4226 Appendix
Sec. 8. The legislature maj' change the location of the State prison
from Jackson to the upper peninsula.
Sec. 9. 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 Avhich a corpora-
tion shall hold, but the capital shall not be increased nor the time for
the existence of charters extended. No such corporation shall be per-
mitted to purchase or hold any real estate, except such as shall be
necessar^^ for the exercise of its corj)orate franchises.
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 or representatives. If the same
shall be agreed to by two-thirds of the members elected to each house,
such amendment or amendments shall be entered on their journals
respectively, with the yeas and nays taken thereon, and the same shall
be submitted to the electors at the next general election thereafter,
and if a majority of the electors qualified to vote for members of the
legislature voting thereon shall ratify and approve such amendment
or amendments the same shall become part of the constitution.
Sec. 2. At the general election to be held in the year one thousand
eight hundred and sixtj'-six, and in each sixteenth year thereafter,
and also at such other times as the legislature ma3'^ jjy law provide,
the question of a general revision of the constitution shall be sub-
mitted to the electors qualified to vote for memliers of the legislature;
and in case a nuijority of the electors so qualified, voting at such elec-
tion, shall decide in favor of a convention for such purpose, the legis-
lature, at the next session, shall provide by law for the election of
delegates to such convention. All the amendments shall take effect
at the commencement of the political year after their adoption.*
Schedule
That no inconvenience may arise from the changes in the constitu-
tion of this State, and in order to carry the same into complete opera-
tion, it is hereby declared that —
Section 1. The common law and the statute laws now in force, not
repugnant to this constitution, shall remain in force until they expire
by their own limitations or are altered or repealed by the legislature.
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
offence committed before the adoption of this constitution, may be
proceeded upon as if no change had taken place. The several courts,
except as herein otherwise provided, shall continue Avith the like
powers and jurisdiction, both at law and in equity, as if this consti-
tution had not been adopted, and until the organization of the judicial
department under this constitution.
" Amended ; see page 4233.
Appendix 4227
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
instruments entered into or executed before the adoption of this
constitution, to the people of the State of Michigan, to any State,
county, or township, or any public officer or public body, or which
may be entered into or executed, under existing laws, *' to the people
of the State of Michigan," to any such officer or public body, before
the complete organization of the departments of government under
this constitution, shall remain binding and valid; and rights and
liabilities upon the same shall continue, and may be prosecuted as
provided by laAv. 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-governor shall be chosen under
the existing constitution and laws, to serve after the expiration of
the term of the present incumbent.
Sec. 6. All officers, civil and military, now holding any office or
appointment, shall continue to hold their respective offices, unless
removed by competent authority, until superseded under the laws
now in force, or under this constitution.
Sec. T. The members of the senate and house of representatives
of the legislature of one thousand eight hundred and fifty-one shall
continue in office under the provisions of law until superseded by
their successors elected and qualified under this constitution.
Sec. 8. All county officers, unless removed by competent authority,
shall continue to hold their respective offices until the first clay of Jan-
uary, in the year one thousand eight hundred and fifty-three. The
laws now in force as to the election, qualification, and duties of
township officers, shall continue in force until the legislature shall,
in conformity to the provisions of this constitution, provide for the
holding of elections to fill such offices and prescribe the duties of such
officers resi^ectively.
Sec. 9. On the first day of January, in the year one thousand eight
hundred and fifty-two, the terms of office of the judges of the
supreme court, under existing laws, and of the judges of the county
courts, and of the clerks of the supreme court, shall expire on the
said day.
Sec. 10. On the first day of January, in the year one thousand
eight hundred and fifty-two, the jurisdiction of all suits and pro-
ceedings then pending in the present supreme courts shall become
vested in the supreme court established by this constitution, and shall
be finally adjudicated by the court where the same may be pending.
The jurisdiction of all suits and proceedings at law and equity, then
pending in the circuit courts and county courts for the several coun-
ties, 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
thousand eight hundred and fifty, shall continue to exercise the
jurisdiction and powers now conferred upon them respectively, until
otherwise provided by law.
4228 Appendix
Sec. 12. The office of State printer shall be vested in the present
incumbent until the expiration of the term for which he was elected
under the law then in force ; and all the provisions of the said law
relating to his duties, rights, privileges, and compensation shall
remain unimpaired and inviolate until the expiration of his said
term of office.
Sec. 13. It shall be the duty of the le^slature, at their first session,
to adapt the present laws to the provisions of this constitution, as
far as may be.
Sec. 14. The attorney-general of the State is required to prepare
and report to the legislature, at the commencement of the next ses-
sion, 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 pur-
poses, if not otherwise represented, shall be considered as forming a
part of such county, so far as regards elections, for the purpose of
representation.
Sec. 16. This constitution shall be submitted to the people for their
adoption or rejection, at the general election to be held on the first
Tuesday of November, one thousand eight hundred and fifty; and
there shall also be submitted for adoption or rejection, at the same
time, the separate resolution in relation to the elective franchise; and
it shall be the duty of the secretary of state, and all other officers re-
quired to give or publish any notice in regard to the said general
election to give notice, as provided by law in case of an election of
governor, that this constitution has been duly submitted to the
electors at said election. Every newspaper within this State publish-
ing, 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 separatel}^ 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 written and partly printed, the
words ''Adoption of the constitution — yes," or "Adoption of the con-
stitution— no."
Sec. 19. The canvass of the votes cast for the adoption or rejection
of this constitution, and the provision 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 an election for
governor, as near as may be, and the return thereof shall be directed
to the secretary of state. On the sixteenth day of December next, or
within five days thereafter, the auditor-general, State treasurer, and
secretary of state shall meet at the capitol, and proceed, in presence
Appendix 4229
of the governor, to examine and canvass the returns of the said votes,
and proclamation shall forthwith be made by the governor of the
result thereof. If it shall appear that a majority of the votes cast
upon the question have thereon "Adoption of the constitution — yes,"
this constitution shall be the supreme law of the State from and after
the first day of January, one thousand eight hundred and fifty-one,
except as is herein otherwise provided; but if a majority of the votes
cast upon the question have thereon "Adoption of the constitution —
no," the same shall be null and void. And in case of the adoption of
this constitution, said officers shall immediately, or as soon thereafter
as practicable, proceed to open the statements of votes returned from
the several counties for judges of the supreme court and State officers
under the act entitled "An act to amend the revised statutes and to
provide for the election of certain officers by the people in pursuance
to an amendment to the constitution, approved February sixteenth,
one thousand eight hundred and fifty, and shall ascertain, determine,
and certify the results of the election for said officers under said acts,
in the same manner, as near as may be, as is now provided by law in
regard to the election of Representatives in Congress. And the sev-
eral judges and officers so ascertained to have been elected may be
qualified and enter upon the duties of their respective offices on the
first Monday of January next, or as soon thereafter as practicable.
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, until superseded by their successors elected or ap-
pointed under this constitution ; and it shall not be lawful hereafter
for the legislature to increase or diminish the compensation of any
officer during the term for which he is elected or appointed.
Sec. 21. The legislature, at their first session, shall provide for the
payment of all expenditures of the convention to revise the consti-
tution, and of the publication of the same, as is provided in this
article.
Sec. 22. Every county, except Mackinaw and Chippewa, entitled
to a representative in the legislature, at the time of the adoption of
this constitution, shall continue to be so entitled under this constitu-
tion; and the county of Saginaw, with the territory that may be
attached, shall be entitled to one representative; the county of Tus-
cola, and the territory that may be attached, one representative; the
county of Sanilac, and the territory that may be attached, one repre-
sentative ; the counties of Midland and Aronac, with the territory that
may be attached, one representative; the county of Montcalm, with
the territory that may be attached thereto, one representative; and
the counties of Newaygo and Oceana, with the territory that may be
attached thereto, one reiDresentative. 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 additional 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 imdisposed of on the first day of January, one thousand eight
7535— VOL 7—09 29
4230 Appendix
hundred and fifty-two, to the supreme or circuit court established by
this constitution, or require that the same may be heard and deter-
mined by the circuit judges.
Sec. 24. The term of office of the governor and lieutenant-governor
shall commence on the first day of January next after their election.
Sec. 25. The territory described in the article entitled " Upper
l^eninsula " shall be attached to and constitute a part of the third cir-
cuit for the election of a regent of the university.
Sec. 26. The legislature shall have authority, after the expiration
of the term of office of the district judge first elected for the " Upper
peninsula," to abolish said office of district judge and district attor-
ney, 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 j^rovisions 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 January next succeed-
ing their election.
Sec. 29. The State, exclusive of the upper peninsula, shall be
divided into eight judicial circuits, and the counties of Monroe, Lena-
wee, and Hillsdale shall constitute the first circuit; the counties of
Branch, Saint Joseph, Cass, and Berrien shall constitute the second
circuit ; the county of AVa3'ne shall constitute the third circuit ; the
counties of "Washtenaw, Jackson, and Ingham shall constitute the
fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton,
and Van Buren shall constitute the fifth circuit ; the counties of Saint
Clair, Macomb, Oakland, and Sanilac shall constitute sixth circuit:
the counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston,
Tuscola, and Midland shall constitute the seventh circuit ; and the
counties of Barry, Kent, Ottawa, Ionia, Clinton, and Montcalm shall
constitute the eighth circuit.
Resolution
Sec. 30. At the next general election, and at the same time wnen
the votes of the electors shall be taken for the adoption or rejection
of this constitution, an additional amendment to section one of arti-
cle seven, in the words following : " Every colored male inhabitant
possessing the qualifications required by the first section of the second
article of the constitution shall have the rights and privileges of an
elector," shall be separately submitted to the electors of this State
for their adoption or rejection, in form following, to wit : A separate
ballot may be given by every j^erson having the right to vote for the
revised constitution, to be deposited in a separate box. Upon the
ballots given for the adoption of the said separate amendment shall
be written or printed, or partly written and partly printed, the words
" Equal suffrage to colored persons ? Yes ; " and upon all ballots
given against the adoption of the said separate amendment, in like
manner, the words " Equal suffrage to colored persons? No." And
on such ballots shall be written or printed, or partly written and
partly printed, the words " Constitution : Suffrage," in such manner
Appendix 4231
that such words shall appear on the outer side of such ballot when
folded. If, at said election, a majority of all the votes given for and
against the said separate amendment shall contain the words '^ Equal
suffrage to colored persons? Yes," then there shall be inserted in
the first section of the article between the words " tribe " and
" shall : " these words : " and every colored male inhabitant," an}^-
thing in the constitution to the contrary notwithstanding.®
Done in convention, at the capitol of the State, this fifteenth day
of August, in the year of om* Lord one thousand eight hundred and
fifty, and of the Independence of the United States the seventy-fifth.
D. Goodwin, President.
John Swegels, Jr.,
Horace S. Roberts,
Charles Hascall,
Secretaries.
AMENDMENTS TO THE CONSTITUTION OF 1850 "
(Ratified 1860)
Art. IV. Sec. 15. So altered and amended as to read: The com-
pensation of the members of the legislature shall be three dollars per
day for actual attendance and when absent on account of sickness;
but the legislature may allow extra compensation to the members
from the territory of the upper peninsula, not 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 proclamation, or sub-
mitted 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 travelled route;
and for stationery and newspapers, not exceeding five dollars for
each member during any session. Each member shall be entitled to
one copy of the laws, journals, and documents of the legislature of
which he was a member; but shall not receive, at the expense of the
State, books, newspapers, or other perquisites of office, not expressly
authorized by this constitution.
Sec. 28. So altered and amended as to read: No new bill shall be
introduced into either house of the legislature after the first fifty days
of a session shall have expired.
Sec. 33. So altered and. amended, as to read: The legislature shall
meet at the seat of government on the first Wednesday in January, in
the year one thousand eight hundred and sixty-one, and on the first
AVednesday of January in every second year thereafter, and at no
other place or time, unless as provided in the constitution of the
State, and shall adjourn without day at such time as the legislature
shall fix by concurrent resolution.
oThis proposition was rejected by the people.
6 These amendments were successively adopted by a two-thirds vote in each
branch of the legislature, and submitted to the electors at the next general elec-
tion for their ratification.
4232 Appendix
Art XV. Sec. 3. So altered and amended as to read: The officers
and stockholders of every corporation or association for banking pur-
poses, issuing bank-notes or paper-credits to circulate as money, shall
be individually liable for all debts contracted during the term of their
being officers or stockholders of such corporation or association,
equally and ratably to the extent of their respective shares of stock
in any such corporation or association.
Art. XVIII. Sec. 2. So altered and amended as to read: When
private property is taken for the use or benefit of the public, the
necessity for using such property, and the just compensation to be
made therefor, except when to be made by the State, shall be ascer-
tained by a jur}^ 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: Prorided^ The fore-
going provisions shall in no case be construed to apply to the action of
commissioners of highways in the official discharge of their duty as
highway commissioners.
(Ratified 1862)
Art. XII. Sec. 8. Added : 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 officers, to wit : The attorneA'-general, State treasurer, commis-
sioner of the land-office, secretary of state, auditor-general, superin-
tendent 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 report the causes of
such removal to the legislature at its next session.
Art. XIII. Sec. 6. So altered and amended as to read: 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, two 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 suc-
ceeding 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 appointment of the governor.
The regents thus elected shall constitute the board of regents of the
University of Michigan.
Art. XV. Section 1. So altered and amended as to read: Corpo-
rations 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 ma}^ be amended, altered, or repealed. But the legisla-
ture may, by a vote of two-thirds of the members elected to each
house, create a single bank with branches.
Sec. 2, So altered and amended as to read: No general banking law
shall have effect until the same shall, after its passage, be submitted to
a vote of the electors of the State, at a general election, and be
approved by a majority of the votes cast thereon at such election.
Appendix 4233
Sec. 4. So altered and amended as to read: For all banks organized
under general laws the legislature 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 redemption of such bills or notes in specie.
Art. XIX. Sec. 6. So altered and amended as to read: That elec-
tions for all district or county officers. State senators or representa-
tives, within the boundaries defined in this article, shall take place on
the Tuesday succeeding the first Monday of November, in the respec-
tive years in which they may be required; the county canvass shall
be held on the first Monday thereafter, and the district canvass on the
third Monday of said November.
Art. XX. Sec. 2. So altered and amended as to read: At the gen-
eral election to be held in the year one thousand eight hundred and
sixty-six, and in each sixteenth year thereafter, and also at such
other times as the legislature may by law provide, the question of the
general revision of the constitution shall be submitted to the electors
qualified to vote for members of the legislature; and in case a major-
ity 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 commence-
ment of the year after their adoption.
(Ratified 1860)
Art. VII. Section 1. Added: Provided^ That in time of war,
insurrection, or rebellion, no qualified elector in the actual military
service of the United States or of this State, in the army or navy
thereof, shall be deprived of his vote by reason of his absence from
the township, ward, or State in w^hich 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.
(Ratified 1870)
Art. IV. Sec. 3. So altered and amended as to read: The house of
representatives shall consist of not less than sixty-four nor more than
one hundred members. Representatives shall be chosen for two years,
and by single districts. Each representative 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 township or city shall be divided in the formation of a rep-
resentative district. AVlien 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 rep-
resentatives to which it is entitled. Each county hereafter organized,
with such territory as may be attached thereto, shall be entitled to a
separate representative when it has attained a population equal to
a moiety of the ratio of representation. In every county entitled to
more than one representative, the board of supervisors shall assemble
4234 Appendix
at such time and place as the legislature shall prescribe, and divide
the same into representative districts, equal to the number of repre-
sentatives to Avhich such count}^ is entitled by law, and shall cause
to be filed in the offices of the secretary of state and clerk of such
county a description of such representative districts, specifying the
number of each district, and population thereof, according to the
last preceding enumeration.
Sec, 4. /So altered and amended as to read: The legislature shall
provide by law for an enumeration of the inhabitants in the year
eighteen hundred and fifty-four, and every ten years thereafter; and
at the first session after each enumeration so made, and also at the
first session after each enumeration by the authority of the United
States, the legislature shall rearrange the senate districts, and appor-
tion anew the representatives among the counties and districts, ac-
cording to the number of inhabitants, exclusive of persons of Indian
descent who are not civilized, or are members of an}^ tribe. Each
apportionment and the division into representative districts, by any
board of supervisors, shall remain unaltered until the return of
another enumeration.
Art. VII. Section 1. So altered and amended as to read: In all
elections, every male citizen, every male inhabitant, residing in the
State on the twenty-fourth day of June, one thousand eight hundred
and thirty-five ; every male inhabitant residing in the State on the first
day of January, one thousand eight hundred and fifty, who has
declared his intention to become a citizen of the United States, pur-
suant to the laws thereof, six months preceding an election, or who has
resided in this State two years and six months, and declared his
intention as aforesaid ; and every civilized male inhabitant of Indian
descent, a native of the United States and not a member of any tribe,
shall be an elector and entitled to vote; but no citizen or inhabitant
shall be an elector, or entitled to vote at any election, unless he shall
be above the age of twenty-one years, and has resided in this State
three months, and in the township or ward in which he offers to vote
ten days, next preceding such election: Provided^ That in time of
war, insurrection, or rebellion, no qualified elector in the actual mili-
tary service of the United States or of this State, in the arnw or
navy thereof, shall be deprived of his A^ote by reason of his absence
from the township, ward, or State in which he resides; and the leg-
islature 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.
Art. XVII. Section 1. So altered and amended as to read: 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 con-
science, ma}' be averse to bearing arms, shall be excused therefrom,
uf)on such conditions as shall be prescribed b}^ law.
Art. XIX. A. Section 1. J. (/^'ec?,- The legislature may, from time
to time, pass laws establishing reasonable maximum rates of charges
for the transportation of passengers and freight on different rail-
roads in this State ; and shall prohibit running contracts between such
railroad companies, whereby discrimination is made in favor of either
Appendix 4235
of such companies as against other companies owning connecting or
intersecting lines of railroad.
Sec. 2. No railroad corporation shall consolidate its stock, prop-
erty, or franchises with any other railroad corporation owning a
parallel or competing road; and in no case shall any consolidation
take place, except upon public notice given of at least sixty days to
all stockholders, in such manner as shall be provided by law.
(Ratified 1876)
Art. IV. Strike out section 47, which prohibits the legislature from
passing any act authorizing the grant of license for the sale of ardent
spirits or other intoxicating liquors.
Art. IX. Section 1. So altered and arnended as to read: The gov-
ernor shall receive an annual salary of one thousand dollars; the
judges of the circuit court shall receive an annual salary of two
thousand five hundred dollars; the State treasurer shall receive an
annual salary of one thousand dollars; the auditor general shall re-
ceive an annual salary of one thousand dollars; the superintendent
of public instruction shall receive an annual salary of one thousand
dollars; the secretary of state shall receive an annual salary of eight
hundred dollars; the commissioner of the land-office shall receive an
annual salary of eight hundred dollars ; the attorney-general shall re-
ceive an annual salary of eight hundred dollars. They shall receive
no fees or perquisites whatever for the performance of any duties
connected with their offices. It shall not be competent for the legis-
lature to increase the salaries herein provided.
Art. XX. Section 1. Any amendment or amendments to this con-
stitution 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 journals respectively, with the yeas and nays taken thereon, and
the same shall be submitted to the electors at the next spring or
autumn election thereafter, as the legislature shall direct, and if a
majority of electors qualified to vote for members of the legislature
voting thereon shall ratify and approve such amendment or amend-
ments, the same shall become part of the constitution.
CONSTITUTION OF WEST VIRGINIA— 1872 «
Article I
relations to the government or THE UNITED STATES
Section 1. The State of West Virginia is, and shall remain, one of
the United States of America. The Constitution of the United
States of America, and the laws and treaties made in pursuance
thereof, shall be the supreme law of the land.
o This constitution was framed, by a convention whicti assembled at Charles-
ton January 16, 1872, and completed its labors April 9, 1872. It was sub-
mitted to the people August 22, 1872, and ratified by a considerable majority.
4236 Appendix
Sec. 2. The Government of the United States is a government of
enumerated powers, and all powers not delegated to it nor inhibited
to the States are reserved to the States or to the people thereof.
Among the powers so reserved by the States is the exclusive regula-
tion of their own internal government and police, and it is the high
and solemn duty of the several departments of government created
by this constitution to guard and protect the people of this State
from all encroachments upon the rights so reserved.
Sec. 3. The provisions of the Constitution of the United States and
of this State are operative alike in a period of war as in time of peace,
and any departure therefrom, or violation thereof, under the plea of
necessity, or an}^ other plea, is subversive of good government, and
tends to anarchy and despotism.
Sec. 4. For the election of Representatives to Congress the State
shall be divided into districts, corresponding in number with the
Representatives to Avhicli it may be entitled ; which districts shall be
formed of contiguous counties, and be compact. Each district shall
contain, as nearly as may be, an equal number of population, to be
determined according to the rule prescribed in the Constitution of
the United States.
Article II
THE STATE
Sectiot 1. The territory of the following counties, formerlj^ parts
of the commonwealth of Virginia, shall constitute and form the State
of West Virginia, viz: The counties of Barbour, Berkeley, Boone,
Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer,
Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson,
Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason,
McDowell, Mercer, Mineral, Monongalia, Monroe, Morgan, Nich-
olas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Ra-
leigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler,
Upshur, Wayne, "Webster, AVetzel, AVirt, Wood, and Wyoming. The
State of AVest Virginia includes the bed, bank, and shores of the
Ohio River, and so much of the Big Sandy River as was formerly
included in the commonwealth of Virginia, and all territorial rights
and property in and jurisdiction over the same heretofore reserved by
and vested in the commonwealth of Virginia are vested in and shall
hereafter be exercised by the State of AA^est A'^irginia ; and such parts
of said beds, banks, and shores as lie opposite and adjoining the sev-
eral counties of this State shall form parts of said several counties
respectively.
Sec. 2. The powers of government reside in all the citizens of the
State, and can be rightfully exercised only in accordance with their
will and appointment.
Sec. 3. All persons residing in this State, born or naturalized in
the United States, and subject to the jurisdiction thereof, shall be
citizens of this State.
Sec. 4. Every citizen shall be entitled to equal representation in the
government, and, in all apportionments of representation, equality of
numbers of those entitled thereto shall, as far as practicable, be
preserved.
Appendix 4237
Sec. 5. Na distinction shall be made between resident aliens and
citizens, as to the acquisition, tenure, disposition, or descent of
property.
Sec. 6. Treason against the State shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and comfort.
No i^erson shall be convicted of treason, unless on the testimony of
two witnesses to the same overt act, or on confession in open court.
Treason shall be punished, according to the character of the acts com-
mitted, by the infliction of one or more of the penalties of death, im-
prisonment, or fine, as may be prescribed by law.
Sec. T. The present seal of the State, with its motto, " Montani
Semper Liberia'''' shall be the great seal of the State of West Virginia,
and shall be kept by the secretary of state, to be used by him officially,
as directed by law.
Sec. 8. Writs, grants, and commissions, issued under the authority
of this State, shall run in the name of, and official bonds shall be made
payable to, the State of West Virginia. Indictments shall conclude,
" against the peace and dignity of the State."
Article III
BILL or RIGHTS
Section 1. All men are by nature equally free and independent,
and have certain inherent rights, of which, when they enter into a
state of society, they cannot, by any compact, deprive or divest their
posterity, namely, the enjoyment of life and liberty, with the means
of acquiring and possessing property, and of pursuing and obtaining
happiness and safety.
Sec. 2. All power is vested in, and consequently derived from, the
people. Magistrates are their trustees and servants, and at all times
amenable to them.
Sec. 3. Government is instituted for the common benefit, protec-
tion, and security of the people, nation, or community. Of all its
various forms, that is the best which is capable of producing the
greatest degree of happiness and safety, and is most effectually se-
cured against the danger of maladministration ; and when any gov-
ernment shall be found inadequate or contrary to these purposes, a
majority of the community has an indubitable, inalienable, and inde-
feasible right to reform, alter, or abolish it in such manner as shall b.e
judged most conductive to the public weal.
Sec. 4. The privilege of the writ of habeas corpus shall not be sus-
pended. No person shall be held to answer for treason, felony, or
other crime not cognizable by a justice, unless on presentment or in-
dictment of a grand jury. No bill of attainder, ex post facto law, or
law impairing the obligation of a contract shall be passed.
Sec. 5. Excessive bail shall not be required, nor excessive fines im-
posed, nor cruel and unusual punishments inflicted. Penalties shall
be proportioned to the character and degree of the offence. No per-
son shall be transported out of or forced to leave the State for any
offence committed within the same; nor shall any person, in any
criminal case, be compelled to be a witness against himself, or be twice
put in jeopardy of life or liberty for the same offence.
4238 Appendix
Sec. 6. The right of the citizens to be secure in their houses, per-
sons, papers, and effects against unreasonable searches and seizures
shall not be violated. No warrant shall issue except upon probable
cause, supported by oath or affirmation, particularly describing the
place to be searched or the person or thing to be seized.
Sec. 7. No law abridging the freedom of speech or of the press
shall be passed; but the legislature may, by suitable penalties, re-
strain the publication or sale of obscene books, papers, or pictures,
and provide for the punishment of libel and defamation of character,
and for the recovery, in civil actions, by the aggrieved party of suit-
able damages for such libel or defamation.
Sec. 8. In prosecutions and civil suits for libel the truth may be
given in evidence; and if it shall appear to the jury that the matter
charged as libellous is true, and was published with good motives and
for justifiable ends, the verdict shall be for the defendant.
Sec. 9. Private property shall not be taken or damaged for public
use without just compensation; nor shall the same be taken by any
company incorporated for the purposes of internal improvement until
just compensation shall have been paid, or secured to be paid, to the
owner; and when private i)roperty shall be taken, or damaged, for
public use, or for the use of such corporations, the compensation to
the owner shall be ascertained in such manner as may be prescribed
by general law: Prorlded, That, when required b}' either of the par-
ties, such compensation shall be ascertained by an impartial jury of
twelve freeholders.
Sec. 10. No person shall be deprived of life, liberty, or property
without due process of law and the judgment of his peers.
Sec. 11. Political tests, requiring i)ers<)ns, as a prerequisite to the
enjoyment of their civil and political rights, to purge themselves by
their own oath of past alleged offences, are repugnant to the princi-
ples of free government, and are cruel and oppressive. No religious
or ])olitical test oath shall be requiivd as a prerequisite or qualifica-
tion to vote, serve as a juror, sue, plead, appeal, or pursue any pro-
fession or employment; nor shall any person be deprived by law of
aii}^ right or privilege because of any act done prior to the passage of
such law.
Sec. 12. Standing armies in time of peace should be avoided, as
dangerous to liberty. The military shall be subordinate to the civil
power; and no citizen, unless engaged in the military service of the
State, shall be tried or punished by aii}^ military court for any offence
that is cognizable b}^ the civil courts of the State. No soldier shall,
in time of peace, be quartered in any house without the consent of
the owner ; nor in time of war, except in the manner to be prescribed
by law.
Sec. 13. In suits at common law, where the value in controversy,
exclusive of interest and costs, exceeds twenty dollars, the right of
trial by a jury of twelve men, if required by either party, shall be pre-
served; except that in appeals from the judgments of justices a jury
of a less number may be authorized by law ; but in trials of civil cases
before a justice no jury shall be allowed. No fact tried by a jur}^
shall in any case be otherwise reexamined than according to the rules
of the common law.
Appendix 4239
Sec. 14. Trials of crimes and of misdemeanors, unless herein other-
wise provided, shall be by a jury of twelve men, public, without un-
reasonable delay, and in the county where the alleged offence was com-
mitted, unless, upon petition of the accused, and for good cause shown,
it is removed to some other county. In all such trials the accused
shall be fully and j)lainly informed of the character and cause of the
accusation, and be confronted with the witnesses against him, and
shall have the assistance of coiuisel, and a reasonable time to prepare
for his defence; and there shall be awarded to him compulsory
process for obtaining witnesses in his favor.
Sec. 15, No man shall be compelled to frequent or support any re-
ligious worship, place, or ministry whatsoever ; nor shall any man be
enforced, restrained, molested, or burdened in his body or goods, or
otherwise suffer, on accoimt of his religious opinions or beliefs; but
all men shall be free to profess, and by argument to maintain, their
opinions in matters of religion ; and the same shall in nowise affect,
diminish, or enlarge their civil capacities; and the legislature shall
not prescribe any religious test whatever, or confer any peculiar privi-
leges or advantages on any sect or denomination, or pass any law re-
quiring or authorizing any religious society, or the people of any
district within this State, to levy on themselves or others any tax for
the erection or repair of any house for public worship, or for the sup-
port of any church or ministry, but it shall Ix' left free for every
person to select his religious instructor, and to make for his support
such private contract as he shall please.
Sec. 16. The right of the people to assemble, in a peaceable manner,
to consult for the common good, to instruct their representatives, or
to apply for redress of grievances, shall be held inviolate.
Sec. it. The courts of this State shall be open, and every person,
for an injury done to him in his person, property, or reputation, shall
have remedy by due course of law ; and justice shall be administered
without sale, denial, or delay.
Sec. 18. No conviction shall work corruption of blood or forfeiture
of estate.
Sec. 19. No hereditary emoluments, honors, or privileges shall ever
be granted or conferred in this State.
Sec. 20. Free government, and the blessings of liberty, can be pre-
served to any people only by a firm adherence to justice, moderation,
temperance, frugality, and virtue, and by a frequent recurrence to
fundamental principles.
Article IV
elections and officers
Section 1. The male citizens of the State shall be entitled to vote
at all elections held . within the counties in which they respectively
reside; but no person who is a minor, or of unsound mind, or a
pauper, or who is under conviction of treason, felony, or bribery in
in an election, or who has not been a resident of the State for one
year, and of the county in which he offers to vote for sixty clays next
preceding such offer, shall be permitted to vote while such disability
continues; but no person in the military, naval, or marine service of
4240 Appendix
the United States shall be deemed a resident of this State by reason
of being stationed therein.
Sec. 2. In all elections by the people, the mode of voting shall be
by ballot ; but the voter shall be left free to vote by either open,
sealed, or secret ballot, as he may elect.
Sec. 3. No voter, during the continuance of an election at which ho
is entitled to vote, or during the time necessary and convenient for
going to and returning from the same, shall be subject to arrest upon
civil process, or be compelled to attend any court or judicial proceed-
ing as suitor, juror, or witness; or to work upon the public roads,
or, except in time of war or public danger, to render military service.
Sec. 4. No j^erson, except citizens entitled to vote, shall be elected or
appointed to any State, county, or municipal office ; but the governor
and judges must have attained tlie age of thirty, and the attorney-
general and senators the age of twentj^-five years at the beginning of
their respective terms of service ; and must have been citizens of the
State for five years next preceding their election or appointment, or
be citizens at the time this constitution goes into operation.
Sec. 5. Every person elected or appointed to any office, before pro-
ceeding to exercise the authority or discharge the duties thereof, shall
make oath or affirmation that he will support the Constitution of the
United States and the constitution of this State, and that he will
faithfully discharge the duties of his said office, to the best of his
skill and judgment; and no other oath, declaration, or test shall be
required as a qualification, unless herein otherwise provided.
Sec. 6. All officers elected or appointed under this constitution may,
unless in cases herein otherwise provided for, be removed from office
for official misconduct, incompetence, neglect of duty, or gross im-
morality, in such manner as may be prescribed by general laws, and,
unless so removed, they shall continue to discharge the duties of their
respective offices until their successors are elected or appointed and
qualified.
Sec. 7. The general elections of State and county officers, and of
members of the legislature, shall be held on the second Tuesday of
October, until otherwise provided by law. The terms of such officers,
not elected or appointed to fill a vacancy, shall, unless herein other-
wise provided, begin on the first day of January, and, of the members
of the legislature, on the first day of November next succeeding their
election. Elections to fill vacancies shall be for the unexpired term.
AVhen vacancies occur prior to an}^ general election, they shall be filled
by appointments in such manner as may be prescribed herein, or by
general law, which appointments shall expire at such time after the
next general election as the person so elected to fill such vacancy shall
be qualified.
Sec. 8. The legislature, in cases not provided for in this constitu-
tion, shall prescribe, by general laws, the terms of office, powers,
duties, and compensation of all public officers and agents, and the
manner in which they shall be elected, appointed, and removed.
Sec. 9. Any officer of the State may be impeached for maladminis-
tration, corruption, incompetency, gross immorality, neglect of duty,
or any high crime or misdemeanor. The house of delegates shall have
the sole jJOAver of impeachment. The senate shall have the sole power
to try impeachments, and no person shall be convicted without the
Appendix 4241
concurrence- of two-thirds of the members elected thereto. When
sitting as a court of impeachment, the president of the supreme court
of appeals, or if from any cause it be improper for him to act, then
any other judge of that court, to be designated by it, shall preside;
and the senators shall be on oath or affirmation to do justice accord-
ing to law and evidence. Judgment in cases of impeachment 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 be liable to indictment, trial, judgment, and
punishment according to law. The senate may sit during the recess
of the legislature for the trial of impeachments.
Sec. 10. Any citizen of this State who shall, after the adoption of
this constitution, either in or out of the State, fight a duel with
deadly Aveapons, or send or accept a challenge so to do, or who shall
act as a second, or knowingly aid or assist in such duel, shall ever
thereafter be incapable of holding any office of honor, trust, or profit
in this State.
Sec. 11. The legislature shall prescribe the manner of conducting
and making returns of elections, and of determining contested elec-
tions; and shall pass such laAvs as may be necessary and proper to
prevent intimidation, disorder, or violence at the polls, and corruption
or fraud in voting, counting the vote, ascertaining or declaring the
result, or fraud in any manner upon the ballot.
Sec. 12. No citizen shall ever be denied or refused the right or
privilege of voting at an election because his name is not or has not
been registered or listed as a qualified voter.
Article V
DIVISION OF poaat;rs
Section 1. The legislative, executive, and judicial departments
shall be separate and distinct, so that neither shall exercise the powers
properly belonging to either of the others ; nor shall any person exer-
cise the powers of more than one of them at the same time, except
that justices of the peace shall be eligible to the legislature.
Article VI
legislature
Section 1. The legislative power shall be vested in a senate and
house of delegates. The style of their acts shall be, "5e it enacted
hy the legislature of ^Vest Virginiar
Sec. 2. The senate shall be composed of twenty-four and the house
of delegates of sixty-five members, subject to be increased according
to the provisions hereinafter contained.
Sec. 3. Senators shall be elected for the term of four years and
delegates for the term of two years. The senators first elected shall
divide themselves into two classes, one senator from every district
being assigned to each class, and of these classes, the first, to be desig-
nated by lot in such manner as the senate may determine, shall hold
4242 Appendix
their seats for two years, and the second for four years, so that after
the first election one-half of the senators shall be elected biennially.
Sec. 4. For the election of senators the State shall be divided into
twelve senatorial districts, which number shall not be diminished,
but ma}' be increased as hereinafter provided. Every district shall
elect two senators, but where the district is composed of more than
one county both shall not be chosen from the same county. The dis-
tricts shall be compact, formed of contiguous territory, bounded by
county lines, and, as nearly as practicable, equal in population, to be
ascertained by the census of the United States. After every such
census the legislature shall alter the senatorial districts, so far as may
be necessary to make them conform to the foregoing provision.
Sec. 5. Until the senatorial districts shall be altered by the legis-
lature as herein prescribed, the counties of Hancock, Brooke, and
Ohio shall constitute the first senatorial district ; Marshall, AVetzel,
and Marion, the second; Ritchie, Doddridge, Harrison, Gilmer, and
Calhoun, the third; Tyler, Pleasants, Wood, and Wirt, the fourth;
Jackson, Mason, Putnam, and Roane, the fifth; Kanawha, Clay,
Nicholas, Braxton, and Webster, the sixth ; Cabell, Wayne, Lincoln,
Boone, Logan, Wyoming, McDowell, and Mercer, the seventh ; Monroe,
Greenbrier, Summers, Pocaliontas, Fayette, and Raleigh, the eighth;
Lewis, Randolph, I'pshur, Barbour, Taylor, and Tucker, the ninth;
Preston and Monongalia, the tenth; Hampshire, Mineral, Hardy,
(xrant, and Pendleton, the eleventh ; Berkeley, Morgan, and Jefferson,
the twelfth.
Sec. 6. For the election of delegates every county containing a
population of less than three-fifths of the ratio of representation for
the house of delegates shall, at each apportionment, be attached to
some contiguous county or counties to form a delegate district.
Sec. 7. After every census the delegates shall be apportioned as
follows: The ratio of representation for the house of delegates shall
be ascertained by dividing the whole population of the State by the
number of which the house is to consist and rejecting the fraction of
a unit, if any, resulting from such division. Dividing the population
of every delegate district, and of every county not included in a dele-
gate district, by the ratio thus ascertained, there shall be assigned to
each a number of delegates equal to the quotient obtained by this
division, excluding the fractional remainder. The additional dele-
gates necessary to make up the numl^er of which the house is to con-
sist shall then be assigned to those delegate districts and counties not
included in a delegate district which would otherwise have the largest
fractions unrepresented, but every delegate district and county not
included in a delegate district shall be entitled to at least one delegate.
Sec. 8. Until a new apportionment shall be declared, the counties
of Pleasants and Wood shall form the first delegate district and elect
three delegates : Ritchie and Calhoun, the second, and elect two dele-
gates; Barbour, Harrison, and Taylor, the third, and elect one dele-
gate; Randolph and Tucker, the fourth, and elect one delegate;
Nicholas, Clay, and Webster, the fifth, and elect one delegate; Mc-
Dowell and Wj'oming, the sixth, and elect one delegate.
Sec. 9. Until a new apportionment shall be declared, the appor-
tionment of delegates to the counties not included in delegate dis-
tricts, and to Barbour, Harrison, and Taylor Counties, embraced in
such districts, shall be as follows :
Appendix 4243
To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette,
Hampshire, Hancock, Jackson, Lewis, Logan, Greenbrier, Monroe,
Mercer, Mineral, Morgan, Grant, Hardy, Lincoln, Pendleton, Put-
nam, Roane, Gilmer, Taylor, Tyler, Upshur, Wayne, Wetzel, Wirt,
Pochahontas, Summers, and Raleigh Counties, one delegate each.
To Berkeley, Harrison, Jefferson, Marion, Marshall, Mason, Mo-
nongalia, and Preston Counties, two delegates each.
To Kanawha County, three delegates.
To Ohio County, four delegates.
Sec. 10. The arrang-ement of the senatorial and delegate districts
and apj)ortionment of delegates shall hereafter be declared by law,
as soon as possible after each succeeding census, taken by authority
of the United States. When so declared, they shall apply to the first
general election for members of the legislature, to be thereafter held,
and shall continue in force unchanged, until such districts shall be
altered and delegates apportioned under the succeeding census.
Sec. 11, Additional territory may be admitted into and become
part of this State, with the consent of the legislature and a majority
of the qualified voters of the State voting on the question ; and in
such case provision shall be made by law for the representation
thereof in the senate and house of delegates, in conformity with the
principles set forth in this constitution ; and the number of members
of which each house of the legislature is to consist shall thereafter
be increased by the representation assigned to such additional
territory.
Sec. 12. No person shall l)e a senator or delegate who has not for
one year next preceding his election been a resident wnthin the dis-
trict or county from which he is elected ; and if a senator or delegate
remove from the district or county for which he w^as elected, his seat
shall be thereby vacated.
Sec. 13. No person holding a lucrative office under this State, the
United States, or any foreign government; no member of Congress;
no person who is a salaried officer of any railroad company, or who
is sheriff, constable, or clerk of any court of record, shall be eligible
to a seat in the legislature.
Sec. 14. No person who has been, or hereafter shall be, convicted
of bribery, perjury, or other infamous crime, shall be eligible to a
seat in the legislature. No person who may have collected, or been
intrusted with public money, whether State, county, township, dis-
trict, or other municipal organization, shall be eligible to the legisla-
ture, or to any office of honor, trust, or profit in this State, until he
shall have duly accounted for and paid over such money according
to law.
Sec. 15. No senator or delegate during the term for which he shall
have been elected shall be elected or appointed to any civil office of
profit under this State, which has been created, or the emoluments of
which have been increased, during such term, except offices to be filled
by election by the people. Nor shall any member of the legislature
be interested, directly or indirectly, in any contract with the State,
or any county thereof, authorized by any law passed during the term
for which he shall have been electecl.
Sec. 16. Members of the legislature, before they enter upon their
duties, shall take and subscribe the following oath or affirmation: " I
do solemnly swear [or affirm] that I will support the Constitution of
4244 Appendix
the United States, and the constitution of the State of West Virginia,
and faithfully discharge the duties of senator, [or delegate,] accord-
ing to the best of my ability ; " and they shall also take this further
oath, to wit : '' I will not accept or receive, directly or indirectly, any
money or other valuable thing from any corporation, company, or
person, for any vote or influence I may give or withhold as senator
[or delegate] on any bill, resolution, or appropriation, or for any
act I may do or i^erform as senator, [or delegate.] " These oaths
shall be administered in the hall of the house to which the member is
elected, by a judge of the supreme court of appeals, or of a circuit
court, or by any other person authorized by law to administer an
oath; and the secretary of state shall record and file said oaths sub-
scribed by each member; and no other oath or declaration shall be
required as a qualification. Any member who shall refuse to take
the oath herein prescribed shall forfeit his seat; and any member who
shall be convicted of having violated the oath last above required to
be taken, shall forfeit his seat, and be disqualified thereafter from
holding any office of profit or trust in this State.
Sec. it. Members of the legislature shall, in all cases except treason,
felony, and breach of the peace, be privileged from arrest during the
session, and for ten days before and after the same; and for words
spoken in debate, or any report, motion, or proposition made in either
house, a member shall not be questioned in any other place.
Sec, 18. The legislature shall assemble at the seat of government
biennially, and not oftener, unless convened by the governor. The
first session of the legislature, after the adoption of this constitution,
shall commence on the third Tuesday of November, 1872; and the
regular biennial session of the legislature shall commence on the
second Wednesday of January, 1875, and every two years thereafter,
on the same day.
Sec. 19. The governor may convene the legislature by proclamation
whenever, in his opinion, the public safety or welfare shall require it.
It shall be his duty to convene it on application, in writing, of three-
fifths of the members elected to each house.
Sec. 20. The seat of government shall be at Charleston, until other-
wise j^rovided b}^ law.
Sec. 21. The governor may convene the legislature at another place
when, in his opinion, it cannot safely assemble at the seat of govern-
ment; and the legislature may, when in session, adjourn to some
other place when in its opinion the public safety or welfare, or the
safety of the members, or their health shall require it.
Sec. 22. No session of the legislature, after the first, shall continue
longer than forty-five days without the concurrence of tAvo-thirds of
the members elected to each house.
Sec. 23. Neither house shall, during the session, adjourn for more
than three days without the consent of the other; nor shall either,
Avithout such consent, adjourn to an}' other place than that in which
the legislature is sitting.
Sec. 24. A majority of the members elected to each house of the
legislature shall constitute a quorum. But a smaller number may
adjourn from day to day, and shall be authorized to compel the
attendance of absent members as each house may provide. Each
house shall determine the rules of its proceedings, and be the judge
of the elections, returns, and qualifications of its own members. The
Appendix 4245
senate shall elioose, from its own body, a president ; and the house of
delegates, from its own body, a speaker. Each house shall appoint
its own officers, and remove them at pleasure. The oldest delegate
present shall call the house to order, at the opening of each new house
of delegates, and preside over it, until the speaker thereof shall have
been chosen, and have taken his seat. The oldest member of the sen-
ate present at the commencement of each regular session thereof
shall call the senate to order, and preside over the same until a presi-
dent of the senate shall have been chosen, and have taken his seat.
Sec. 25. Each house may punish its own members for disorderly
behavior, and, with the concurrence of two-thirds of the members
elected thereto, expel a member, but not twice for the same offence.
Sec. 26. Each house shall have power to provide for its own safety
and the undisturbed transaction of its business, and may punish, by
imprisonment, any person not a member, for disrespectful behavior
in its presence; for obstructing any of its proceedings, or any of its
officers in the discharge of his duties, or for any assault, threat, or
abuse of a member, for words spoken in debate. But such imprison-
ment shall not extend beyond the termination of the session, and
shall not prevent the punishment of any offence by the ordinary
course of law.
Sec. 27. Laws shall be enacted and enforced, by suitable provisions
and penalties, requiring sheriffs, and all other officers, whether State,
county, district, or municipal, who shall collect or receive, or whose
official duty it is, or shall be, to collect, receive, hold, or pay out any
money belonging to, or which is, or shall be, for the use of the State
or of any county, district, or municipal corporation, to make annual
account and settlement therefor. Such settlement, when made, shall
be subject to exceptions, and take such direction, and have only such
force and effect as may be provided by law ; but in all cases such
settlement shall be recorded, and be open to the examination of the
people at such convenient place or places as may be appointed by law.
Sec. 28. Bills and resolutions may originate in either house, but
may be passed, amended, or rejected by the other.
Sec. 29. No bill shall become a law until it has been fully and dis-
tinctly read, on three different days in each house, unless, in case of
urgency, by a vote of four-fifths of the members present, taken by
yeas and nays on each bill, this rule be dispensed with; provided, in
all cases, that an engrossed bill shall be fully and distinctly read in
each house.
Sec. 30. No act hereafter passed shall embrace more than one ob-
ject, and that shall be expressed in the title. But if any object shall
be embraced in an act, which is not so expressed, the act shall be void
only as to so much thereof as shall not be so expressed, and no law
shall be revived, or amended, by reference to its title only; but the
law revived, or the section amended, shall be inserted at large in the
new act. And no act of the legislature, except such as may be passed
at the first session under this constitution, shall take effect until the
expiration of ninety days after its passage, unless the legislature shall,
by a vote of two-thirds of the members elected to each house, taken
by yeas and nays, otherwise direct.
Sec. 31. Wlien a bill or joint resolution, passed by one house, shall
be amended by the other, the question on agreeing to the bill or joint
resolution, as amended, shall be again voted on, by yeas and nays, in
7535— VOL 7—09 30
4246 Appendix
the house by which it was originally passed, and the result entered
upon its journals. In all such cases the affirmative vote of a majority
of all the members elected to such house shall be necessary.
Sec. 32. Whenever the words, " a majority of the members elected
to either house of the legislature," or words of like import, are used
in this constitution, they shall be construed to mean a majority of the
whole number of members to which each house is, at the time, entitled,
under the apportionment of representation established by the provi-
sions of this constitution.
Sec. 33. The members of the legislature shall each receive for their
services the sum of four dollars per day, and ten cents for each mile
travelled in going to and returning from the seat of government, by
the most direct route. The speaker of the house of delegates and the
president of the senate shall each receive an additional compensation
of two dollars per day for each day they shall act as presiding officers.
No other allowance or emolument than that by this section provided
shall, directly or indirectly, be made or paid to the members of either
house for postage, stationery, newspapers, or any other purpose what-
ever.
Sec. 34. The legislature shall provide by law that the fuel, station-
ery, and printing-paper, furnished for the use of the State; the copy-
ing, pringting, binding, and distributing the laws and journals; and
all other printing ordered by the legislature, shall be let by contract
to the lowest responsible bidder, bidding under a maximum price to
be fixed by the legislature ; and no member or officer thereof, or officer
of the State, shall be interested, directly or indirectly, in such con-
tract, but all such contracts shall be subject to the approval of the
governor, and in case of his disapproval of any such contract, there
shall be a reletting of the same in such manner as may be prescribed
bj'^ law,
Sec. 35. The State of AYest Virginia shall never be made defendant
in any court of law or equity.
Sec. 36. The legislature shall have no poAver to authorize lotteries
or gift enterprises for any purpose, and shall pass laws to prohibit
the sale of lottery or gift-enterprise tickets in this State.
Sec. 37. No law shall be passed after the election of anj public
officer which shall operate to extend the term of his office.
Sec. 38. No extra compensation shall be granted or allowed to any
public officer, agent, servant, or contractor, after the services shall
have been rendered or the contract made; nor shall any legislature
authorize the payment of any claim, or part thereof, hereafter created
against the State, under any agreement or contract made, without ex-
press authority of law; and all such unauthorized agreements shall
be null and void. Nor shall the salary of any public officer be in-
creased or diminished during his term of office, nor shall any such
officer, or his or their sureties, be released from any debt or liability
due to the State: Provided, The legislature may make appropria-
tions for expenditures hereafter incurred in suppressing insurrection
or repelling invasion.
Sec. 39. The legislature shall not pass local or special laws in any
of the following enumerated cases ; that is to say, for —
Granting divorces;
Laying out, opening, altering, and working roads or highways ;
Vacating roads, town-plats, streets, alleys, and public grounds ;
Appendix 4247
Locating of changing county seats;
Regulating or changing county or district affairs ;
Providing for the sale of church property, or property held for
charitable uses;
Regulating the practice in courts of justice;
Incorporating cities, towns, or villages, or auiending the charter of
any city, town, or village containing a population of less than two
thousand ;
Summoning or impanelling grand or petit juries;
The opening or conducting of any election, or designating the place
of voting;
The sale or mortgage of real estate belonging to minors, or others
under disability ;
Chartering, licensing, or establishing ferries or toll-bridges;
Remitting fines, penalties, or forfeitures;
Changing the law of descent ;
Regulating the rate of interest;
Authorizing deeds to be made for land sold for taxes;
Releasing taxes;
Releasing title to forfeited lands.
The legislature shall provide, by general laws, for the foregoing
and all other cases for which provision can be so made; and in no
case shall a special act be passed where a general law would be proper,
and can be made applicable to the case, nor in any other case in which
the courts have jurisdiction, and are competent to give the 'relief
asked for.
Sec. 40. The legislature shall not confer upon any court or judge
the power of appointment to office, further than the same is herein
provided for.
Sec. 41. Each house shall keep a journal of its proceedings, and
cause the same to be published from time to time, and all bills and
joint resolutions shall be described therein, as well by their title as
their number, and the yeas and nays on any question, if called for by
one-tenth of those present, shall be entered on the journal.
Sec. 42. Bills making appropriations for the pay of members and
officers of the legislature, and for salaries for the officers of the gov-
ernment, shall contain no provision on any other subject.
Sec. 43. The legislature shall never authorize or establish any
board or court of registration of voters.
Sec. 44. In all elections to office which may hereafter take place in
the legislature, or in any county, or municipal body, the vote shall be
'oiva voce, and be entered on its journals.
Sec. 45. It shall be the duty of the legislature, at its first session
after the adoption of this constitution, to provide, by law, for the
jDunishment, by imprisonment in the penitentiary, of any person who
shall bribe, or attempt to bribe, any executive or judicial officer of
this State, or any member of the legislature, in order to influence him
in the performance of any of his official or public duties; and, also,
to provide by law for the punishment, by imprisonment in the peni-
tentiary, of any of said officers, or any member of the legislature, who
shall demand or receive from any corporation, company, or person
any money, testimonial, or other valuable thing, for the performance
of his official or public duties, or for refusing or failing to perform the
same, or for any vote or influence a member of the legislature may give
4248 Appendix
or withhold as such member ; and, also, to provide by law for compel-
ling any person, so bribing or attempting to bribe, or so demanding
or receiving a bribe, fee, reward, or testimonial, to testify against any
person or persons who may have committed any of said oflfences:
Provided, That any person so compelled to testify shall be exempted
from trial and punishment for the oifence of which he may have been
guilt}^, and concerning Avhich he is compelled to testify ; and any per-
son convicted of any of the offences specified in this section shall, as
a part of the punishment thereof, be forever disqualified from hold-
ing any office or position of honor, trust, or profit in this State.
Sec. 40. Laws may be passed regulating or prohibiting the sale of
intoxicating liquors within the limits of this State.
Sec. 47. No charter of incorporation shall be granted to any church
or religious denomination. Provision may be made b}^ general laws
for securing the title to church property and for the sale and tranfer
thereof, so that it shall be held, used, or transferred for the purposes
of such church or religious denomination.
Sec. 48. Any husband or parent residing in this State, or the infant
children of deceased parents, may hold a homestead of the value of
one thousand dollars and personal property to the value of two hun-
dred dollars exempt from forced sale, subject to such regulations as
shall be prescribed by law: Provided, That such homestead exemp-
tion shall in no wise affect debts or liabilities existing at the time of
the adoption of this constitution: And provided furihe^', That no
property shall be exempt from sale for taxes due thereon, or for the
payment of purchase-money due uj^on said property, or for debts
contracted for the erection of improvements thereon.
Sec. 49. The legislature shall pass such laws as may be necessary
to protect the property of married women from the debts, liabilities,
and control of their husbands.
Sec. 50. The legislature may provide for submitting to a vote of
the people at the general election to be held in 1876, or at any general
election thereafter, a plan or scheme of proportional representation
in the senate of this State; and if a majority of the votes cast at such
election be in favor of the plan submitted to them, the legislature
shall, at its session succeeding said election, rearrange the senatorial
districts in accordance with the plan so aj^proved by the people.
Article VII
EXECUTIVE DEPARTMENT
Section 1. The executive department shall consist of a governor,
secretary of state. State sui^erintendent of free schools, auditor, treas-
urer, and attorney-general, who shall be ex-offlcio reporter of the court
of appeals. Their terms of office, respectively, shall be four years,
and shall commence on the fourth day of March next after their elec-
tion. They shall, except the attorney-general, reside at the seat of
government during their terms of office, and keep there the public
records, books, and papers pertaining to their respective offices, and
shall perform such duties as may be prescribed by law.
Appendix 4249
ELECTION
Sec. 2. An election for governor, State superintendent of free
schools, auditor, treasurer, and attorney-general shall be held at such
times and places as may be prescribed in this constitution or by gen-
eral law.
Sec. 3. The returns of every election for the above-named officers
shall be sealed up and transmitted by the returning officers to the
secretary of state, directed to the speaker of the house of delegates,
who shall, immediately after the organization of the house and before
proceeding to business, open and publish the same, in the presence
of a majority of each house of the legislature, which shall, for that
purpose, assemble in the hall of the house of delegates. The person
having the highest number of votes for either of said offices shall be
declared duly elected thereto, but if two or more have an equal and
the highest number of votes for the same office, the legislature shall,
by joint vote, choose one of such persons for said office. Contested
elections for the office of governor shall be determined by both houses
of the legislature, by joint vote, in such manner as may be prescribed
by law. The secretary of state shall be appointed by the governor,
by and with the advice and consent of the senate, and shall continue
in office, unless sooner removed, until the exj^iration of the official
term of the governor by whom he shall have been appointed.
eligibility
Sec. 4. Neither the governor, State superintendent of free schools,
auditor, treasurer, nor attorney-general shall hold any other office
during the term of his service. The governor shall be ineligible to
said office for the four years next succeeding the term for which he
was elected.
Sec. 5. The chief executive power shall be vested in the governor,
who shall take care that the laws be faithfully executed.
Sec. 6. The governor shall, at the commencement of each session,
give to the legislature information by message of the condition of the
State, and shall recommend such measures as he shall deem ex-
pedient. He shall accompany his message with a statement of all
money received and paid out by him from any funds, subject to his
order, with vouchers therefor, and, at the commencement of each
regular session, present estimates of the amount of money required
by taxation for all purposes.
Sec. T. The governor may, on extraordinary occasions, convene, at
his own instance, the legislature ; but when so convened, it shall enter
upon no business except that stated in the proclamation by which it
was called together.
Sec. 8. The governor shall nominate and, by and with the advice
and consent of the senate, (a majority of all the senators elected con-
curring by yeas and nays,) appoint all officers whose offices are estab-
lished by this constitution, or shall be created by law, and whose
appointment or election is not otherwise provided for; and no such
officers shall be appointed or elected by the legislature.
Sec. 9. In case of a vacancy, during the recess of the senate, in any
office which is not elective, the governor shall, by appointment, fill
4250 Appendix
such vacancy, until the next meeting of the senate, when he shall
make a nomination for such office, and the person so nominated,
when confirmed by the senate, (a majority of all the senators elected
concurring by yeas and nays,) shall hold his office during the re-
mainder of the term, and until his successor shall be appointed and
qualified. No person, after being rejected by the senate, shall be
again nominated for the same office during the same session, unless at
the request of the senate; nor shall such person be appointed to the
same office during the recess of the senate.
Sec. 10. The governor shall have power to remove any officer
whom he may appoint, in case of incompetency, neglect of duty, gross
immorality, or malfeasance in office; and he ma^^ declare his office
vacant, and fill the same, as herein provided in other cases of vacancy.
Sec. 11. The governor shall have power to remit fines and penal-
ties in such cases and under such regidations as may be prescribed
by law; to commute capital punishment, and, except where the prose-
cution has been carried on by the house of delegates, to grant reprieves
and pardons after conviction ; but he shall communicate to the legis-
lature, at each session, the particulars of every case of fine or penalty
remitted, of punishment commuted, and of reprieve or pardon granted,
with his reasons therefor.
Sec. 12. The governor shall be commander-in-chief of the military
forces of the State, (except when they shall be called into the service
of the United States,) and may call out the same to execute the laws,
suppress insurrection, and repel invasion.
Sec. 13. When any State officer has executed his official bond, the
governor shall, for such causes, and in such manner as the legislature
may direct, require of such officer reasonable additional security;
and, if the security is not given as required, his office shall be declared
vacant, in such manner as may l)e provided by law.
Sec. 14. Every bill passed by the legislature shall, before it becomes
a law, be presented to the governor. If he approve, he shall sign it,
and thereupon it shall become a hnv ; but if not, he shall return it,
with his objections, to the house in which it originated, which house
.shall enter the objections at large upon its journal, and proceed to
reconsider it. If, after such reconsideration, a majority of the mem-
bers elected to that house agree to pass the bill, it shall be sent,
together with the objections, to the other house, by which it shall,
likewise, be reconsidered, and if approved by a majority of the mem-
bers elected to that house, it shall become a law, notwithstanding the
objection^ of the governor. But in all such cases the vote of each
house shall be determined by yeas and nays, to be entered on the jour-
nal. Any bill which shall not be returned by the governor within
five days (Sundays excepted) after it shall have been presented to
him, shall be a law, in like manner as if he had signed it, unless the
legislature shall, by their adjournment, prevent its return, in which
case it shall be filed, with his objections, in the office of the secretary
of state, within five days after such adjournment, or become a law.
Sec. 15. Every bill passed by the legislature, making appropria-
tions of money, embracing distinct items, shall, before it becomes a
law, be presented to the governor. If he disapprove the bill, or any
item or appropriation therein contained, he shall communicate such
disapproval. Avith his reasons therefor, to the house in which the bill
originated; but all items not disapproved shall have the force and
Appendix 4251
effect of law, according to the original provisions of the bill. Any
item or items so disapproved shall be void, unless repassed by a major-
ity of each house, according to the rules and limitations prescribed
in the preceding section in reference to other bills.
Sec. 16. In case of the death, conviction on impeachment, failure
to qualify, resignation, or other disability of the governor, the presi-
dent of the senate shall act as governor, until the vacancy is filled, or
the disability removed ; and if the president of the senate, for any
of the above-named causes, shall become incapable of performing the
duties of governor, the same shall devolve upon the speaker of the
house of delegates; and in all other cases, where there is no one to
act as governor, one shall be chosen by joint vote of the legislature.
Whenever a vacancy shall occur in the office of governor, before the
first three years of the term shall have expired, a new election for
governor shall take place to fill the vacancy.
Sec. 17. If the office of auditor, treasurer. State superintendent of
free schools, or attorney-general, shall become vacant by death, resig-
nation, or otherwise, it shall be the duty of the governor to fill the
same by appointment, and the appointee shall hold his office until his
successor shall be elected and qualified in such manner as may be
provided by law.
The subordinate officers of the executive department, and the officers
of all public institutions of the State, shall keep an account of all
moneys received or disbursed by them, respectively, from all sources,
and for every service performed, and make a semiannual report
thereof to the governor, under oath or affirmation; and any officer
who shall wilfully make a false report shall be deemed guilty of
perjury.
Sec. 18. The subordinate officers of the executive department, and
the officers of all the public institutions of the State, shall, at least
ten days preceding each regular session of the legislature, severally
I'eport to the governor, who shall transmit such report to the legisla-
ture ; and the governor may at any time require information in writ-
ing, under oath, from the officers of his department, and all officers
and managers of State institutions, upon any subject relating to the
condition, management, and expenses of their respective offices.
Sec. 19. The governor shall receive for his services a salary of
twenty-seven hundred dollars per annum, and no additional emolu-
ment, allowance, or perquisite shall be paid or made to him on any
account. Any person acting as governor shall receive the emoluments
of that office. The secretary of state shall receive one thousand; the
State superintendent of free schools, fifteen hundred; the treasurer,
fourteen hundred ; the auditor, two thousand ; and the attorney-
general, thirteen hundred dollars per annum; and no additional
emolument or allowance, except as herein otherwise provided, shall
be paid or made out of the treasury of the State to any of the fore-
going executive officers, on any account.
Article VIII
JUDICIARY DEPARTMENT
Section 1. The judicial power shall be vested in a supreme court
of appeals, and in circuit courts, and the judges thereof; in county
and corporation courts, and in justices of the peace.
4252 Appendix
SUPBEME COURT OF APPEALS
Sec. 2. The supreme court of appeals shall consist of four judges,
any three of whom shall be a quorum. They shall be elected by the
voters of the State, and shall hold their office for the term of twelve
years, unless sooner removed in the manner prescribed b}^ this con-
stitution ; except that of those first elected two, to be designated by
lot in such manner as they may determine, and in the presence of the
governor, shall hold their offices for four years; a third, to be des-
ignated in like manner, for eight years, and the fourth for twelve
years; so that one or more shall be elected ever}^ four years.
Sec. 3. It shall have original jurisdiction in cases of habeas corpus,
7nandanius, and prohibition. It shall have appellate jurisdiction in
civil cases, where the matter in controversy, exclusive of costs, is of
greater value or amount than one hundred dollars; in controversies
concerning the title or boundaries of land, the probate of wills, the
appointment or qualification of a personal representative, guardian,
committee, or curator; or concerning a mill, road, way, ferry, or
landing; or the right of a corporation or county to levy tolls or
taxes; and, also, in cases of quo tvarranto, habeas corpus, mandamus,
and prohibition, and in cases involving freedom, or the constitution-
ality of a law. It shall have appelhite jurisdiction in criminal cases,
where there has been a conviction for felony or misdemeanor in a cir-
cuit court, and where a conviction has been had in any inferior court
and been affirmed in a circuit court.
Sec. 4. No decision rendered by the supreme court of appeals shall
be considered as binding authority upon any of the inferior courts
of this State, except in the particular case decided, unless such de-
cision is concurred in by at least three judges of said court.
Sec. 5. AVhen a judgment or decree is reversed or affirmed by the
supreme court of appeals, every point fairly arsing upon the record
of the case shall be considered and decided ; and the reasons therefor
shall be concisel}' stated in Avriting, and preserved with the record of
the case; and it shall be the duty of the court to prepare a syllabus
of the points adjudicated in each case concurred in by three of the
judges thereof, which shall be prefixed to the published report of the
case.
Sec. 6. A writ of error, supersedeas, or appeal shall be allowed only
b}' the supreme court of appeals, or a judge thereof, or by a judge of
a circuit court, upon a petition assigning error in the judgment or
proceedings of the inferior court, and then only after the said court
or judge shall have examined and considered the record and assign-
ment of errors, and is satisfied that there is error in the same, or that
it presents a point proper for the consideration of the court of appeals.
Sec. 7. If a vacancj^ shall occur in said court from any cause, the
governor shall issue a writ of election to fill such vacancy for the
residue of the term: Prodded, That if the unexpired term be less
than two years, the governor shall appoint a judge to fill such
vacancy.
Sec. 8. The officers of the supreme court of appeals, except the
reporter, shall be appointed by the court, or, in vacation, by the
judges thereof, Avith the power of removal; their duties and compen-
sation shall be prescribed by law.
Sec. 9. There shall be at least two terms of the court of appeals
held annually, at such times and places as may be prescribed by law.
Appendix 4253
CIRCUIT COUETS
Sec. 10. The State shall be divided into nine circuits; for each
circuit a judge shall be elected by the voters thereof, who shall hold
his oiRce for the term of eight years, unless sooner removed in the
manner prescribed by this constitution.
During his continuance in office, he shall reside in the circuit of
which he is judge.
Sec. 11. A circuit court shall be held in every county twice a year.
But provision may be made by law for special terms; and a judge of
any circuit may hold the court in another circuit.
Sec. 12. The circuit courts shall have the supervision of all pro-
ceedings before the county courts, and other inferior tribunals, by
mandamtts, prohibition, or centiorari. They shall, except in cases
confided by this constitution exclusively to some other tribunal, have
original and general jurisdiction of all matters at law where the
amount in controversy, exclusive of interest, exceeds fifty dollars; in
cases of quo warranto^ hahea^ corpus, mandamus, or prohibition ; and
in all cases of equity, and of all felonies and misdemeanors. The}'
shall have appellate jurisdiction, upon petition and assignment of
error, in all cases of judgments, decrees, and final orders rendered by
the county court, and such other inferior courts of record as may be
hereafter established by law under the provisions of this article, where
the matter in controversy, exclusive of costs, is of greater value or
amount than twenty dollars; in controversies respecting the title or
boundaries of land, the probate of wills, the appointment or qualifi-
cation of a personal representative, guardian, committee, or curator;
or concerning a mill, road, way, ferry, or landing, or the right of a
corporation or county to levy tolls or taxes; and also in cases of
habeas corpus, quo warranto, mandamjus, prohibition, and certiorari,
and in cases involving freedom, or the constitutionality of a law ; and
in all cases of conviction under criminal prosecutions in said court.
It shall have such other original jurisdiction as may be prescribed
by law.
Sec. 13. The legislature may authorize by general law any indict-
ment for a misdemeanor, found by the grand jury of any circuit
court, to be certified by said court to the county court of the county
in which the indictment shall be found, for further proceedings to
be had thereon, in such manner and under such regulations as may
be prescribed by law.
Sec. 14. The State shall be arranged into the following circuits:
The counties of Hancock, Brooke, Ohio, and Marshall shall consti-
tute the first circuit; the counties of Wetzel, Marion, Monongalia,
Taylor, Doddridge, and Harrison, the second ; the counties of Jeffer-
son, Berkeley, and Morgan, the third; the counties of Hampshire,
Mineral, Grant, Hardy, and Pendleton, the fourth; the counties of
Tyler, Pleasants, Ritchie, Wood, Wirt, and Calhoun, the fifth; the
counties of Randolph, Tucker, Barbour, Lewis, Webster, Gilmer,
Preston, and Upshur, the sixth; the counties of Jackson, Roane,
Putnam, Kanawha, and Mason, the seventh; the counties of Green-
brier, Monroe, Fayette, Summers, Clay, Nicholas, Pocahontas, and
Braxton, the eighth; and the counties of Cabell, Wayne, Lincoln,
Boone, Logan, Wyoming, Mercer, Raleigh, and McDowell, the ninth.
Sec. 15. The legislature may, after the expiration of five years from
4254 Appendix
the time this constitution goes into operation, rearrange the circuits,
but the number of circuits shall not then be increased ; and no rear-
rangement of the circuits shall have the effect of removing a judge
from office. After the census of 1880, it may increase the number of
circuits, so as not to exceed one circuit for every fifty-five thousand
inhabitants of the State.
Sec. 16. The legislature shall provide by law for holding circuit
courts where, from any cause, the judge shall fail to attend, or. if in
attendance, cannot properly preside.
GENERAL PROVISIONS
Sec. 17. All judges shall be commissioned by the governor. The
salary of the judges of the court of appeals shall be twenty-two hun-
dred and fifty dollars per annum, and that of judges of the circuit
court shall be two thousand dollars; and each shall receive the same
allowance for necessary travel as members of the legislature. No
judge, during his term of office, shall practise the profession of law, or
hold any other office, appointment, or public trust under this or any
other government, and the acceptance thereof shall vacate his judicial
office ; nor shall he, during his continuance therein, be eligible to any
political office.
Sec. 18. Judges may be removed from office by a concurrent vote
of both houses of the legislature where, from age, disease, or mental
or bodily infirmity, they are incapable of discharging the duties of
their offices. But two-thirds of the members elected to each house
must concur in such vote; and the cause of removal shall be entered
upon the journal of each house. The judge against whom the legis-
lature may be about to proceed shall receive notice thereof, accom-
panied Avith the cause alleged for his removal, at least twenty days
before the day on which either house of the legislature shall act
thereupon.
Sec. 19. The voters of each county shall elect a clerk of the circuit
court, whose term of office shall be six years; his duties and compensa-
tion, and the mode of removing him from office, shall be prescribed by
law ; and when a vacancy shall occur in the office, the judge of the cir-
cuit court shall appoint a clerk, who shall discharge the duties of the
office until the vacancy shall be filled by election. In any case in
respect to which the clerk shall be so situated as to make it improper
for him to act, the court shall appoint a substitute.
Sec. 20. The clerks of the circuit courts, and the clerk of the
supreme court of appeals, shall, under such regulations as may be
prescribed bv law, make an annual report to the auditor, exhibiting
the number of suits commenced, pending, and decided in their respec-
tive courts, and the number of days the courts were in session during
the year, which shall be condensed by said auditor, and made a part
of his annual report to the legislature.
Sec. 21. Wherever the legislature is expressly prohibited by this
constitution from doing any particular act, and the same shall be
done, in violation of such prohibition, it shall be the duty of the
courts, upon a proper case presented before them, to declare such act
null and void.
Sec. 22. The legislature may establish courts of limited jurisdiction
within any incorporated town or city, subject to such appeal as now
is or may hereafter be prescribed by law.
Appendix 4255
COUNTY COURTS
Sec. 23. There shall be in each county of the State a county court,
which shall be composed of a president and two justices of the peace,
except when, by this constitution, the presence of a greater number
is required. It shall hold six sessions during the year, at times to be
prescribed by law; two of which shall be limited to matters connected
with the police and fiscal affairs of the county ; the other four shall be
held for the trial of causes, and for the transaction of all other busi-
ness within the general jurisdiction of the court, except an assessment
or levy upon the property of the county. In all cases where a levy
of the county is laid, a majority of all the justices elected in the
county shall be necessary to constitute a quorum for the transaction
of that business.
Sec. 24. The president of the court shall be elected by the voters of
the county^ and shall hold his office for the term of four years. It
shall be his duty to attend each term of the said court, and he shall
receive for such service four dollars for every day he presides in
court, to be paid from the county treasury. He shall also perform
such other duties, and receive such compensation therefor, as may be
prescribed by law ; except, that he shall not be authorized to try
causes out of court. When from any cause he is unable to attend as
president of the court, any justice may be added to make the court,
who, in conjunction with the other two, may designate one of their
own number to preside in his absence.
Sec. 25. Each county shall be laid off into districts, not less in num-
ber than three nor more than ten, as nearly equal as may be in terri-
tory and population. In each district there shall be elected by the
voters thereof one, and not more than two, justices of the peace, who
shall reside in their respect\ye districts, and hold their oiRce for the
term of four years.
The present subdivisions of the counties by townships shall consti-
tute such districts until changed by a court constitutecl of a majority
of the justices of the county.
Sec. 26. The justices of the peace shall be classified by law for the
performance of their duties in court; they shall receive a compensa-
tion of three dollars per day for their services in court, to be paid out
of the county treasury, and they may receive fees for other official
duties, to be prescribed by law and paid by the parties for whom the
service shall be rendered.
Sec. 27. The county court shall have original jurisdiction in all
actions at law where the amount in controversy exceeds twenty dol-
lars ; and also in all cases of habeas corpus, quo warranto, mandamus,
prohibition, certioraH, and in all suits in equity. It shall have juris-
diction in all matters of probate; the appointment and qualification
of personal representatives, guardians, committees, and curators, and
the settlement of their accounts, and in all matter relating to appren-
tices; and of all criminal cases under the grade of felony, except as
hereinbefore provided. But the jurisdiction of the county court shall
be subject to such limitations as may be prescribed by law. They
shall have the custody, through their clerks, of all wills, deeds, and
other papers presented for probate or record in said county, which
shall be disposed of, or preserved, as required by law.
Sec. 28. It shall also have the superintendence and administration
of the internal police and fiscal affairs of the county, including the
4256 Appendix
establishment and regulation of roads, ways, bridges, public lands,
ferries, and mills, with authority to lay and disburse the county
levies: Provided, That no license shall be granted in any city, town,
or Adllage without the consent of the authorities of the same first had
and obtained. It shall, in all contested cases, judge of the election,
qualification, and returns of its own members, and of all county and
district officers; and it shall exercise such other jurisdiction, and per-
form such other duties, as may be prescribed by law. Nothing in
this article shall impair or affect the charter of any municipal corpo-
ration.
Sec. 29. The county court shall have jurisdiction of all appeals
from the judgment of the justices, and their decision upon such
appeal shall be final in all cases, except such as involve the title, right
of possession, or boundaries of lands, the freedom of a person, the
validity of a law, or an ordinance of any corporation, or the right of
a corporation to levy tolls or taxes.
Xo judge, or justice, shall sit in an appellate court in review of a
decision made by him.
Sec. 30. The voters of each county shall elect a clerk of the county
court, whose term of office shall be six years, and whose duties, com-
pensation, and mode of removal shall be prescribed by law.
Sec. 31. Provision may be made, under such regulations as may be
prescribed by law, for the probate of wills, and for the appointment
and qualification of personal representatives, guardians, committee",
and curators, during the recess of the regular sessions of the county
court.
Sec. 32. A vacancy in the office of the president of the court shall
be filled, until the next regular election, by the justices, all of whom
shall be summoned for that purpose. Vacancies in the office of justice
of the peace may be filled, until the nest regular election, by the
county court.
Sec. 33. The civil jurisdiction of a justice of the peace shall extend
to actions of assumpsit, debt, detinue, and trover, if the amount
claimed, exclusive of interest, does not exceed one hundred dollars;
but where the amount claimed shall exceed twenty dollars, on the
application of the defendant, either in person or by counsel, made at
am^ time before trial, it shall be the duty of the justice of the peace to
transmit the papers in the case to the clerk of the county court, to be
therein tried. The jurisdiction of justices of the peace shall extend
throughout their county ; they shall be conservators of the peace, and
have such jurisdiction and powers in criminal cases as may be pre-
scribed by law. And justices of the peace shall have authority to
take the acknowledgment of deeds and other writings, administer
oaths, and take and certify depositions. And the legislature may
give to justices such additional civil jurisdiction and powers within
their respective counties as may be deemed expedient, under such reg-
ulations and restrictions as may be prescribed by general law ; except
that in suits to recover money or damages their jurisdiction and
powers shall in no case exceed one hundred dollars.
Sec. 34. The legislature shall, upon the application of any county,
reform, modify, or alter the county court established by this consti-
tution in such county, and in lieu thereof, with the assent of a major-
ity of the voters of said county voting at any election held for that
purpose, create another court, or other tribunals, as well for judicial
Appendix 4257
as for police and fiscal purposes, either separate or combined, which
shall conform to the wishes of the county making the application, but
with the same powers and jurisdiction herein conferred upon the
county court, and with compensation to be made from the county
treasury.
If two or more adjoining counties shall prefer to unite in the elec-
tion of a judge to hold a county court in their respective counties,
they shall, with the assent of a majority of the voters of each of said
counties, be authorized, for all the purposes of judicial organization,
to do so in the manner and upon the terms above set forth : Provided,
That the courts so created shall, in their provisions, be made to con-
form to the policy of the State, as prescribed in this constitution.
Sec. 35. No citizen of this State who aided or participated in the
late war between the Government of the United States and a part of
the people thereof, on either side, shall be liable in any proceeding,
civil or criminal ; nor shall his property be seized or sold under final
process issued upon judgments or decrees heretofore rendered, or
otherwise, because of any act done, according to the usages of civilized
warfare, in the prosecution of said war, by either of the parties
thereto.
The legislature shall provide, by general law, for giving full force
and effect to this section by due process of law.
Sec. 36. Such parts of the common law and of the laws of this State
as are in force when this constitution goes into operation, and are not
repugnant thereto, shall be and continue the law of the State until
altered or repealed by the legislature. All civil and criminal suits
and proceclings pending in the former circuit courts of this State
shall remain and be proceeded in before the circuit coiu't of the proper
county.
Article IX
COUNTY ORGANIZATION
Section 1. The voters of each county shall elect a surveyor of
lands, a prosecuting attorney, a sheriff, and one, and not more than
two, assessors, who shall hold their respective offices for the term of
four years.
Sec. 2. There shall also be elected in each district of the county, by
the voters thereof, one constable, and if the population of any district
shall exceed twelve hundred, an additional constable, whose term of
office shall be four years, and whose powers as such shall extend
throughout their county. The assessor shall, wdth the advice and
consent of the county court, have the powder to appoint one or more
assistants. Coroners, overseers of the poor, and surveyors of roads
shall be appointed by the county court. The foregoing officers, except
the prosecuting attorneys, shall reside in the county and district for
which they shall be respectively elected.
Sec. 3. The same person shall not be elected sheriff for two con-
secutive full terms ; nor shall any person who acted as his deputy be
elected successor to such sheriff, nor shall any sheriff' act as deputy of
his successor ; nor shall he, during his term of service, or within one
year thereafter, be eligible to any other office. The retiring sheriff
shall finish all business remaining in his hands at the expiration of
4258 Appendix
his term ; for which purpose his commission and official bond shall
remain in force. The duties of the office of sheriff shall be performed
by him in j^erson, or under his superintendence.
Sec. 4. The presidents of the county courts, the justices of the peace,
sheriffs, prosecuting attorneys^ clerks of the circuit and of the county
courts, and all other county officers, shall be subject to indictment for
malfeasance, misfeasance, or neglect of official duty, and upon con-
viction thereof their offices shall become vacant.
Sec. 5. The legislature shall provide for commissioning such of the
officers herein mentioned as it may deem proper, not provided for in
this constitution, and may require any class of them to give bond
with security for the faithful discharge of the duties of their
respective offices.
Sec. G. It shall further provide for the compensation, the duties,
and responsibilities of such officers, and may provide for the appoint-
ment of their deputies and assistants by general laws.
Sec. 7. The president of the county court, and every justice and
constable, shall be a conservator of the peace throughout his county.
Sec. 8. Xo new county shall hereafter be formed in this State with
an area of less than four hundred square miles, nor with a population
of less than six thousand ; nor shall any county from Avhich a new
county, or part thereof, shall be taken be reduced in area below four
hundred square miles, nor in population below six thousand. Nor
shall any new county be formed without the consent of a majority of
the voters residing within the boundaries of the proposed new county,
and voting on the question.
Article X
TAXATION AND FINANCE
Section 1. Taxation shall be equal and uniform throughout the
State, and all property, both real and personal, shall be taxed in pro-
portion to its value, to be ascertained as directed by law. No one
species of property, from which a tax ma}^ be collected, shall be taxed
higher than any other species of property of equal value ; but prop-
erty used for educational, literary, scientific, religious, or charitable
purposes, all cemeteries and public property, may, by law, be exempted
from taxation. The legislature shall have power to tax, by uniform
and equal laws, all privileges and franchises of persons and cor-
porations.
Sec. 2. The legislature shall levy an annual capitation-tax of one
dollar upon each male inhabitant of the State, who has attained the
age of twenty-one years, Avhich shall be annuall}'^ appropriated to the
support of free schools. Persons afflicted with bodily mfirmit}'^ may
be exempted from this tax.
Sec. 3. No money shall be drawn from the treasury but in pursuance
of an appropiation made by law, and on a warrant issued thereon by
the auditor ; nor shall anj^ money or fund be taken for any other pur-
pose than that for which it has been or may be appropriated or pro-
vided. A complete and detailed statement of the receipts and ex-
penditures of the public moneys shall be published annually.
Sec. 4. No debt shall be contracted by this State, except to meet
casual deficits in the revenue, to redeem a previous liability of the
Appendix 4259
State, to suppress insurrection, repel invasion, or defend the State in
time of war ; but the payment of any liability, other than that for the
ordinary expenses of the State, shall be equally distributed over a
period of at least twenty years.
Sec, 5, The power of taxation of the legislature shall extend to
provisions for the payment of the State debt and interest thereon, the
support of free schools, and the payment of the annual estimated ex-
penses of the State ; but whenever any deficiency in the revenue shall
exist in any j^ear, it shall, at the regular session thereof held next after
the deficiency occurs, levj^ a tax for the ensuing year sufficient, with
the other sources of income, to meet such deficiency, as Avell as the
estimated expenses of such year.
Sec. 6. The credit of the State shall not be granted to or in aid of
any county, city, township, corporation, or person ; nor shall the State
ever assume or become responsible for the debts or liabilities of any
county, city, town, township, corporation, or person; nor shall the
State ever hereafter become a joint owner or stockholder in any com-
pany or association in this State or elsewhere, formed for any purpose
whatever.
Sec. 7. County authorities shall never assess taxes in any one year
the aggregate of which shall exceed ninety-five cents per one hundred
dollars valuation, except for the support of free schools, payment of
indebtedness existing at the time of the adoption of this constitution,
and for the payment of any indebtedness, with the interest thereon,
created under the succeeding section, unless such assessment, with all
questions involving the increase of such aggregate, shall have been
submitted to the vote of the people of the county, and have received
three-fifths of all the votes cast for and against it.
Sec. 8. No county, city, school district, or municipal corporation,
except in cases where such corporations have already authorized their
bonds to be issued, shall hereafter be allowed to become indebted, in
any manner, or for any purpose, to an amount, including existing
indebtedness, in the aggregate exceeding five per centum on the value
of the taxable property therein, to be ascertained by the last assess-
ment for State and county taxes previous to the incurring of such in-
debtedness; nor without, at the same time, providing for the collection
of a direct annual tax sufficient to pay, annually, the interest on such
debt, and the principal thereof within and not exceeding thirty-four
years: Provided, That no debt shall be contracted under this section,
unless all questions connected with the same shall have been first sub-
mitted to a vote of the people, and have received three-fifths of all the
votes cast for and against the same.
Sec. 9. The legislature may, by law, authorize the corporate author-
ities of cities, towns, and villages, for corporate purposes, to assess
and collect taxes; but such taxes shall be uniform with respect to
persons and property witliin the jurisdiction of the authority impos-
ing the same.
Article XI
CORPORATIONS
Section 1. The legislature shall provide for the organization of
all corporations hereafter to be created by general laws, uniform as
to the class to which they relate ; but no corporation shall be created
4260 Appendix
by special law : Provided, That nothing in this section contained shall
prevent the legislature from providing by special laws for the con-
nection by canal of the waters of the Chesapeake with the Ohio
River, by line of the James River, Greenbrier, New River, and Great
Kanawha.
Sec. 2. The stockholders of all corporations and joint-stock com-
panies, except banks and banking institutions, created by laws of
this State, shall be liable for the indebtedness of such corporations
to the amount of their stock subscribed and unpaid, and no more.
Sec. 3. All existing charters or grants of special or exclusive privi-
leges under which organization shall not have taken place, or which
shall not have been in operation within two years from the time this
constitution takes effect, shall thereafter have no validity or effect
whatever: Provided, That nothing herein shall prevent the execution
of any hona-fide contract heretofore lawfully made in relation to any
existing charter or grant in this State.
Sec. 4. 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 OAvned by him, for as many i^ersons as
there are directors or managers to be elected, or to cumulate said
shares and give one candidate as many votes as the number of
directors multiplied by the number of his shares of stock shall equal,
or to distribute them on the same principle among as many candidates
as he shall think fit ; and such directors or managers shall not be
elected in any other manner.
Sec. 5. No law shall be passed by the legislature granting the right
to construct and operate a street-railroad within any city, town, or
incorporated village, without requiring the consent of the local
authorities having the control of the street or highway proposed to
be occupied by such street-railroad.
Sec. 6. The legislature may provide, by a general banking law, for
the creation and organization of banks of issue or circulation, but
the stockholders of any bank hereafter authorized by laws of this
State, whether of issue, deposit, or discount, shall be personally liable
to the creditors thereof, over and above the amount of stock held by
them respectively, to an amount equal to their respective shares so
held, for all its liabilities accruing while they are such stockholders.
RAILROADS
Sec. 7. Every railroad corporation organized or doing business in
this State shall annually, by their proper officers, make a report under
oath to the auditor of public accounts of this State, or some officer to
be designated by law, setting forth the condition of their affairs, the
operations of the year, and such other matters relating to their
respective railroads as may be prescribed by law. The legislature
shall pass laws enforcing by suitable penalities the provisions of this
section.
Sec. 8. The rolling stock and all other movable property belonging
to any railroad company or corporation in this State shall be consid-
ered personal property, and shall be liable to execution and sale in
Appendix 4261
the same manner as the personal property of individuals; and the
legislature shall pass no law exempting any such property from exe-
cution and sale.
Sec. 9. Railroads heretofore constructed, or that may hereafter be
constructed, in this State are hereby declared public highways, and
shall be free to all persons for the transportation of their persons and
projjerty thereon, under such regulations as shall be prescribed by
law; and the legislature shall, from time to time, pass laws, applica-
ble to all railroad corporations in the State, establishing reasonable
maximum rates of charges for the transportation of passengers and
freights, and providing for the correction of abuses, the prevention
of unjust discriminations between through and local or way freight
and passenger tariffs, and for the protection of the just rights of the
public, and shall enforce such laws by adequate penalties.
Sec. 10. The legislature shall, in the law regulating railway com-
panies, require railroads running through or within a half-mile of a
town or village, cojitaining three hundred or more inhabitants, to
establish stations for the accommodation of trade and travel of said
town or village.
Sec. 11. No railroad corporation shall consolidate its stock, prop-
erty, or franchise with any other railroad owning a parallel or com-
peting line, or obtain the possession or control of such parallel or
competing line by lease or other contract, without the permission of
the legislature.
Sec. 12. The exercise of the power and the right of eminent domain
shall never be so construed or abridged as to prevent the taking, b}:'
the legislature, of the property and franchises of incorporated com-
panies already organized, and subjecting them to the public use, the
same as of individuals.
Article XII
EDUCATION
Section 1. The legislature shall provide by general law for a
thorough and efficient sj'stem of free schools.
Sec. 2. The State superintendent of free schools shall have a gen-
eral supervision of free schools, and perform such other duties in rela-
tion thereto as may be prescribed by law. If in the performance of
any such duty imposed upon him by the legislature he shall incur any
expenses, he shall be reimbursed therefor: Provided, The amount
does not exceed five hundred dollars in any one year.
Sec. 3. The legislature may provide for county superintendents,'
and such other officers as may be necessary to carry out the objects
of this article, and define their duties, powers, and compensation.
Sec. 4. The existing permanent and invested school-fund, and all
money accruing to this State from forfeited, delinquent, waste, and
unappropriated lands, and from lands heretofore sold for taxes, and
purchased by the State of Virginia, if hereafter redeemed, or sold to
others than this State; all grants, devises, or bequests that may be
made to this State for the purposes of education, or where the pur-
poses of such grants, devises, or bequests are not specified ; this State s
just share of the literary fund of Virginia, whether paid over or
otherwise liquidated; and any sums of money, stocks, or property
7535— VOL 7—09 31
4262 Appendix
which this State shall have the right to claim from the State of Vir-
ginia for educational purposes ; the jiroceeds of the estates of persons
who may die without leaving a will or heir, and of all escheated
lands; the proceeds of any taxes that may be levied on the revenues
of any corporation; all moneys that may be paid as an equivalent for
exemption from military duty; and such sums as may, from time to
time, be appropriated by the legislature for the purpose, shall be set
apart as a separate fund, to be called the '• school-fund," and invested,
under such regulations as may be prescribed by law, in the interest-
bearing securities of the United States or of this State; or if such
interest-bearing securities cannot be obtained, then said school-fund
shall be invested in such other solvent interest-bearing securities as
shall be approved by the governor, superintendent of free schools,
auditor, and treasurer, who are hereby constituted the board of the
school-fund, to manage the same, under such regulations as may be
prescribed by law ; and the interest thereof shall be annually applied
to the support of free schools throughout the State, and to no other
purpose whatever. But any portion of said interest remaining un-
expended at the close of a fiscal year shall be added to and remain a
part of the capital of the school-fund: Prorided^ That all taxes
which shall be received by the State upon delinquent lands, except the
taxes due to the State thereon, shall be refunded to the countj^ or dis-
trict by or for which the same were levied.
Sec. 5. The legislature shall provide for the su^jport of free schools,
by appropriating thereto the interest of the invested school-fund, the
net proceeds of all forfeitures and fines accruing to this State under
the laws thereof; the State capitation-tax; and by general taxation
on persons and property, or otherwise. It shall also provide for
raising, in each county or district, by the authority of the people
thereof, such a proportion of the amount required for the support of
free schools therein as shall be prescribed by general laws.
Sec. (). The school districts into which an}^ county is now divided
shall continue until changed in pursuance of law.
Sec. T. All levies that may be laid by any county or district for the
l^urpose of free schools shall be reported to the clerk of the county
court, and shall, under such regulations as may be prescribed by law,
be collected by the sheriff, or other collector, who shall make annual
settlement with the county court ; which settlements shall be made a
matter of record by the clerk thereof, in a book to be kept for that
purpose.
Sec. 8. White and colored persons shall not be taught in the same
school.
Sec. 0. Xo person connected with the free-school system of the
State, or with any educational institution of any name or grade under
State control, shall be interested in the sale, proceeds, or profits of
an}' book or other thing used or to be used therein, under such penal-
ties as may be i)rescribed by law: Prorided^ That nothing herein
shall be construed to apply to any work written, or thing invented,
by such person.
Sec. 10. No independent free-school district or organization shall
hereafter be created, except Avith the consent of the school district or
districts out of which the same is to be created, expressed by a ma-
jority of the voters voting on the question.
Appendix 4263
Sec. 11. No appropriation shall hereafter be made to any State nor-
mal school, or branch thereof, except to those already established and
in operation, or now chartered.
Sec. 12. The legislature shall foster and encourage moral, intel-
lectual, scientific, and agricultural improvement; it shall, whenever
it ma.y be practicable, make suitable provision for the blind, mute,
and insane, and for the organization of such institutions of learning
as the best interests of general education in the State may demand.
Article XIII
LAND TITLES
Section 1, All j^rivate rights and interests in lands in this State
derived from or under the laws of the State of Virginia, and from or
under the constitution and laws of this State ])rior to the time this
constitution goes into operation, shall remain valid and secure, and
shall be determined by the laAvs in force in Virginia prior to the for-
mation of this State, and by the constitution and laws in force in this
State prior to the time this constitution goes into effect.
Sec. 2. No entry by warrant on land in this State shall hereafter
be made.
Sec. 3. All title to lands in this State, heretofore forfeited or
treated as forfeited, Avaste, and unappropriated, or escheated to the
State of Virginia, or this State, or purchased by either of said States
at sales made for the non-payment of taxes and become irredeemable,
or hereafter forfeited or treated as forfeited or escheated to this State,
or purchased by it and become irredeemable, not redeemed, released,
or otherwise disposed of, vested and remaining in this State, shall
be, and is hereby, transferred to and vested in any person, (other than
those for whose default the same may have been forfeited or returned
delinquent, their heirs or devisees,) for so nnich thereof as such per-
son has or shall have had actual continuous possession of, under color
or claim of title, for ten years, and Avho, or those under whom he
claims, shall have paid the State taxes thereon for any five years
during such possession; or if there be no such person, then to any
person, (other than those for whose default the same may have been
forfeited or returned delinquent, their heirs or devisees,) for so much
of said land as such person shall have title or claim to, regularly
derived, mediately or immediately, from or under a grant from the
commonwealth of Virginia, or this State, not forfeited, which but
for the title forfeited Avould be valid, and who, or those under whom
he claims, has or shall have paid all State taxes charged or chargeable
thereon for five successive years, after the year 1865, or from the date
of the grant, if it shall have issued since that year; or if there be no
such person as aforesaid, then to any person, (other than those for
whose default the same may have been forfeited or returned delin-
quent, their heirs or devisees,) for so much of said land as such. person
shall have had claim to and actual continuous possession of, under
color of title, for any five successive years after the year 1865, and
have paid all State taxes charged or chargeable thereon for said
period.
4264 Appendix
Sec. 4. All lands in this State waste and unappropriated, or here-
tofore or hereafter for any cause forfeited, or treated as forfeited, or
escheated to the State of Virginia, or this, State, or purchased by
either and become irredeemable, not redeemed, released, transferred,
or otherwise disjjosed of, the title whereto shall remain in this State
till such sale as is hereinafter mentioned be made, shall, by proceed-
ings in the circuit court of the county in which the lands, or a part
thereof, are situated, be sold to the highest bidder.
Sec. 5. The former oAvner of any such land shall be entitled to
receive the excess of the sum for which the land may be sold over the
taxes charged and chargeable thereon, or which, if the land had not
been forfeited, would have been charged or chargeable thereon, since
the formation of this State, with interest at the rate of twelve per
centum per annum, and the costs of the proceedings, if his claim be
filed in the circuit court that decrees the sale within two j^ears there-
after.
Sec. 6. It shall be the dutj^ of every owner of land to have it
entered on the land-books of the county in which it, or a part of it,
is situated, and to cause himself to be charged Avith the taxes thereon,
and pay the same. When for any hve successive years after the
year 1869 the owner of any tract of land, containing one thousand
acres or more, shall not have been charged on such books with State
tax on said land, then by operation hereof the land shall be forfeited
and the title thereto vest in the State. But if for any one or more
of such five years the owner shall have been charged with State tax
on any part of the land, such part thereof shall not be forfeited for
such cause. And any owner of land so forfeited, or of any interest
therein at the time of the forfeiture thereof, who shall then be an
infant, married woman, or insane person, may, until the expiration
of three years after the removal of such disability, have the land, or
such interest, charged on such books with all State and other taxes
that shall be, and but for the forfeiture would be, chargeable on the
land, or interest therein, for the year 1863, and every j^ear thereafter,
Avith interest at the rate of ten per centum per annum, and pay all
taxes and interest thereon for all such years, and thereby redeem the
land, or interest therein: Prorkled, Such right to redeem shall in no
case extend beyond tAventy years from the time such land Avas for-
feited.
Article XIV
amendments
Section 1. No convention shall be called having the authority to
alter the constitution of the State, unless it be in pursuance of a laAv
passed by the affirmative vote of a majority of the members elected
to each house of the legislature, and providing that polls shall be
opened throughout the State on the same day therein specified, Avhich
shall not be less than three months after the passage of such laAv, for
the purpose of taking the sense of the voters on the question of calling
a conA^ention. And such couA^ention shall not be held unless a ma-
jority of the Azotes cast at such polls be in favor of calling the same;
nor shall the members be elected to such con\^ention until at least one
month after the result of the vote shall be duly ascertained, declared,
and published. And all acts and ordinances of the said convention
Appendix 4265
shall be submitted to the voters of the State for ratification or rejec-
tion, and shall have no validity whatever until the,y are ratified.
Sec. 2. Any amendment to the constitution of the State may be
proposed in either house of the legislature; and if the same, being
read on three several days in each house, be agreed to, on its third
reading, by two-thirds of the members elected thereto, the proposed
amendment, with the yeas and nays tliereon, shall be entered on the
journals, and it shall be the duty of the legislature to provide by law
for submitting the same to the voters of the State for ratification
or rejection at the next general election thereafter, and cause the
same to be published at least three months before such election in
some newspaper in every county in which a newspaper is printed.
And if a majority of the qualified voters, voting on the question at
the polls held pursuant to such law, ratify the proposed amendment,
it shall be in force from the time of such ratification as part of the
constitution of the State. If two or more amendments be submitted
at the same time, the vote on the ratification or rejection shall be
taken on each separately.
Schedule
Section 1. It shall be the duty of the president of this convention,
immediately after its adjournment, to certify to the governor of the
State of West Virginia an accurate transcript of the constitution and
schedule adopted by the convention.
Sec. 2. Upon the receipt of such certified transcript, the governor
shall make proclamation of that fact, and shall annex to his procla-
mation a copy of this constitution and schedule, all of which shall be
published, for the general information of the people, in such manner
as he shall deem most expedient.
Sec. 3. The officers authorized by existing laws to conduct general
elections shall cause elections to be held at the several places of vot-
ing, established by law in each county, on the fourth Thursday of
August, 1872, at which election the votes of all persons qualified to
vote under the existing constitution, and offering to vote, shall be
taken upon the question of ratifying or rejecting this constitution and
schedule. Such votes shall be by ballot. The person voting for the
ratification of the constitution and schedule shall have written or
printed upon his ballot the words " For ratification ; " and the person
voting against ratification shall have written or printed upon his
ballot the words " For rejection."
Sec. 4. The said election shall be conducted in all things according
to the provisions of the Code of West Virginia, and the amendments
thereto, governing elections, except as herein otherwise provided.
Sec. 5. The supervisors of eacli county shall assemble on the fifth
day (Sunday excepted) after the said election, and proceed to ascer-
tain the result of the same in the manner prescribed by the sixty-
second section of the third chapter of the Code of West Virginia ;
and it shall be their duty to certify the result, without delay, to the
governor, stating in their certificates the number of votes given in
their respective counties for ratification of the constitution and
schedule, and the number given for rejection.
Sec. 6. It shall be the duty of the governor, upon receiving the said
certificates, or a sufficient number thereof to enable him to ascertain
4266 Appendix
the general result, to declare by proclamation the aggregate vote in
the State for and against the ratification of the constitution and
schedule; and if it shall appear from the said proclamation that a
majority of Aotes cast are in favor of their ratification, this constitu-
tion and schedule shall be operative and in full force from and
including the fourth Thursday of August, 187^.
Sec. 7. On the same day, and under the superintendence of the
officers who shall conduct the election for determining the ratification
or rejection of the constitution and schedule, elections shall be held,
at the several places of voting in each county, for senators and mem-
bers of the house of delegates, and all officers, executive, judicial,
county, or district, required b}^ this constitution to be elected by the
people. Such elections shall be by ballot, and the results thereof shall
be ascertained, determined, and certified according to the provisions
and requirements of existing laws: except that the returns of the
elections of governor, State superintendent of free schools, auditor,
treasurer, and attorney-general shall be transmitted to the secretary
of state, sealed and addressed to the " Speaker of the House of
Delegates."
Sec. 8. In elections of county officers, required to be elected by dis-
tricts, the existing snl)divisions, by townships in each county, shall
constitute such districts until others shall be established.
Sec. 9. P^ach eonnty shall elect one assessor for each assessment
district as now established by law ; but at the election to be held under
the provisions of this schedule, in counties entitled to two assessors,
both shall be elected by the voters of the entire county.
Sec. 10. At the election to be held under this schedule there shall
also be elected in each district, constituted as hereinbefore stated, as
many justices and constables as are now authorized by law.
Sec. 11. If this constitution shall be ratified by the people, the
legislature elected under this schedule shall assemble at the seat of
government, on the third Tuesday in November, 1872; and the elec-
tion of members of the legislature, under this constitution, shall
vacate the seats of those elected under the present constitution. The
term of service of the delegates first elected to the legislature under
this constitution shall expire on the first day of November, 1874; and
the term of service of the senators shall expire as follows : The term of
the first class on the first day of November, 1874, and the term of the
second class on the first day of November, 187C.
Sec. 1'2. The terms of office of the governor, the State superin-
tendent of free schools, the auditor, treasurer, and attorney-general,
elected under this schedule, shall commence on the fourth day of
March, 1873. The governor, the State superintendent of free schools,
the auditor, treasurer, attorney-general, and secretary of state, and
their successors, elected under the existing constitution and laws,
shall continue in office until their successors, elected or appointed
under this constitution and schedule, shall be qualified. The terms
of office of the judges of the supreme court of appeals, of the judges
of the circuit courts, and of all county and district officers whose elec-
tion is provided for by this schedule shall commence on the 1st day
of January, 1873; and the present judges of the supreme court of
appeals, and of the circuit courts, and their successors who may be
appointed under the present constitution and laws, shall remain in
office until the date last aforesaid. The recorders and supervisors of
Appendix 4267
the several counties shall continue in office and exercise their functions
under the existing constitution and laws until the 1st day of January,
1873. And all officers named in this section, elected under the provi-
sions of the existing constitution and laws, shall, until their terms
expire, as herein provided, receive such compensation as said consti-
tution and laws prescribe.
Sec. 1-3. The municipal court of Wheeling shall continue in exist-
ence, and exercise its present jurisdiction, until otherwise provided
by law.
Sec. 14. All the books, records, papers, seals, and other property
noAv in the custody and under the control of the boards of supervisors
and recorders of the several counties, and records, books, papers, seals,
and other property of the former county courts, now in the custody
of the clerks of the circuit courts, shall be transferred on the first day
of January, 1873, or as soon thereafter as may be, to the clerks of the
county courts in their respective counties, and remain in their custody
until otherwise prescribed by law.
Sec. 15. Justices, assessors, and all other county officers, except
sheriffs and constables, shall, on the first day of January, 1873, or as
soon thereafter as may be, transfer to their successors in office all
official books, records, papers, and property in their possession; and
in cases where, from the abolition of any office, or from any other
cause, a doubt shall arise as to the officer entitled to receive them,
they shall be delivered to the clerk of the count}^ court for preser.va-
tion, until disposition be made of them by that court.
Sec. 1G. All county, township, district, and other officers connected
with the existing system of free schools shall continue to perform
the duties of their respective offices, as now prescribed by law,
until their successors shall have been elected and qualified as the
legislature may provide.
Sec. 17. The records, books, papers, seals, and other property
and appurtenances of the existing supreme court of appeals shall,
on the first day of January, 1873, or as soon thereafter as may be,
be transferred to, and remain in, the care and custody of the supreme
court of appeals established by this constitution, until otherwise
provided by law; and all civil or criminal causes, petitions, and
other proceedings then pending in the supreme court of appeals shall
be proceeded with in the supreme court of appeals established by
this constitution to final judgment. The records, books, papers,
seals, and other property and appurtenances of the existing circuit
courts in this State shall then also be transferred to, and remain in,
the care and custody of the circuit courts established by this consti-
tution, until otherwise provided by law ; to which courts all pro-
cess outstanding, at the time this constitution shall go into effect,
shall be returned, and by which all new pi'ocess, proper in cases
either pending or determined in existing circuit courts, may be
issued. And all indictments, prosecutions, suits, pleas, petitions,
and other proceedings pending in the present circuit court of any
county shall be prosecuted in the circuit court established in that
county by this constitution to final judgment and execution; except
that all pending appeals from justices may be transferred to the
county court organized in such county.
Sec. 18. Copies and transcripts of the records and proceedings of
the present circuit courts shall be made and certified by the circuit
4268 Appendix
courts established by this constitution, or the proper officers thereof,
and shall have the same force and effect as if they had been hereto-
fore properly made and certified by the existing courts, or their
proper officers.
Sec. 19. Recognizances, bonds, obligations, and all undertakings
entered into or executed before the adoption of this constitution, to
the commonwealth of Virginia, the State of West Virginia, or to
any public officer, corporation, township, or county, shall remain
binding and valid; and all rights and liabilities growing out of them
shall be unimpaired.
Sec. 20. The executive department of the government shall remain
as at present organized, and the governor shall continue in office
until a go A^ernor ' elected under this constitution shall be qualified;
and all other persons in office when this constitution is adoi)ted, ex-
cept as herein otherwise expressly directed, shall continue in office
until their successors are qualified; and vacancies in office, happen-
ing before such qualification, shall be filled in the manner noAV pre-
scribed by law.
Sec. 21. All the courts of justice now existing shall continue with
their present jurisdiction, and be held as now prescribed by law,
until the judicial system established by this constitution shall go
into effect, and all rights, prosecutions, actions, claims, and contracts
.shall remain and continue as if this constitution had not been
adopted, except so far as the same may be affected by the terms and
provisions of this constitution, when it shall go into effect.
Sec. 22. The legislature shall pass all laws necessary to carry this
constitution into full operation and effect.
Sec. 23. At the time of the submission of this constitution to a
vote of the people, there shall be submitted, as a separate proposition,
the following:
"Any white citizen entitled to vote, and no other, may be elected or
appointed to any office; but the governor and judges must have at-
tained the age of thirty, and the attorney-general and senators the
age of twenty-five years, at the beginning of their respective terms
of service; and must have been citizens of the State for five years
next preceding their election, or appointment, or citizens at the time
this constitution goes into operation."
And the mode of voting on the said proposition shall be by ballot,
on which shall be written or printed the word "White;" and if a
majority of all the votes cast for ratification or rejection of the con-
stitution be in favor of the said proposition, it shall take the place
of section fourth of article fourth of this constitution. The result
of the said election shall be certified and ascertained in the same
manner, and by the same officers, as hereinbefore provided in regard
to the election for the ratification or rejection of this constitution.
And if the result be in favor of the said proposition, the gov-
ernor shall make proclamation of the effect thereof, as hereinbefore
provided.
Sam'l Price, President.
ADMISSION OF OKLAHOMA— 1907
BY TFIE PRESIDENT OF THE UNITED STATES OF AMERICA,
A PROCLAMATION.^
Whereas the Congress of the United States did by an act approved
on the sixteenth day of June, one thousand nine hundred and six,
provide that the inhabitants of the Territory of Okhihoina and of the
Indian Territory might, under and upon the conditions prescribed in
said act, adopt a constitution and become the State of Okhdionia:
And whereas by the said act provision was duly made for the
election of a Constitutional Convention to form a constitution and
state government for the said proposed State ; and whereas it appears
from the information laid before me that such Convention was duly
elected and such constitution and state government were thereby
duly formed :
And WHEREAS by the said act the said Convention was further
authorized and empowered to provide by ordinance for submitting
the said constitution to the people of the said State for ratification
or rejection, and likewise for the ratification or rejection of any pro-
visions thereof to be by the said Convention separately submitted :
And WHEREAS it has been certified to me, as required by the said
act, by the Governor of the Territory of Oklahoma and by the Judge
senior in service of the United States Court of Appeals for the
Indian Territory that a majority of the legal votes cast at an elec-
tion duly provided for by ordinance, as required by said act, have
been cast for the adoption of said constitution; and whereas a copy
of the said constitution has been certified to me, as required by said
act, together with the articles, propositions and ordinances pertain-
ing thereto, including a separate proposition for state-wide prohi-
bition which has been certified to me as having been adopted by a
majority of the electors at the election aforesaid:
And whereas it appears from the information laid before me that
the Convention aforesaid after its organization and before the forma-
tion of the said constitution duly declared on behalf of the people of
the said proposed State that they adopted the Constitution of the
United States:
And whereas it appears that the said constitution and govern-
ment of the proposed State of Oklahoma are republican in form and
" Text of the proclamation from copy received from the Secretary of State
of the United States, February 19, 1908. (Ed.)
This publication, the federal and state constitutions, colonial charters, and
other organic laws of the States, Territories, and colonies of the United States,
etc., was completed and printed, as certified by the Public Printer, September
9, 1907. The State of Oklahoma was admitted into the Union November lt>,
1907. The constitution of that State and the proclamation of the President
admitting it are inserted here, as it was impossible to insert them in their
historical order, Volume V, p. 2981 et seq.
4269
4270 Oklahoma— 1907
that the said constitution makes no distinction in civil or political
rights on account of race or color, and is not repugnant to the Con-
stitution of the United States or to the principles of the Declaration
of Independence, and that it contains all of the six provisions ex-
j^ressly required by Section 3 of the said act to be therein contained :
And avhekeas it further appears from the information laid before
me that the Convention above mentioned did by ordinance irrevo-
cable accept the terms and conditions of the said act as required by
Section 22 thereof, and that all the provisions of the said act ap-
jDroved on the sixteenth day of June, one thousand nine hundred and
six, have been duly complied Avith :
Now, THEREFORE, I, TiiEODORE RoosEVELT, President of the United
States of America, do, in accordance with the provisions of the said
act of Congress of June sixteenth, one thousand nine hundred and
six, declare and announce that the result of the said election, wherein
the Constitution formed as aforesaid was submitted to the people
of the proj^osed State of Oklahoma for ratification or rejection, was
that the said Constitution Avas ratified together Avith a provision for
state-wide prohibition, separately submitted at the said election;
and the State of Oklahoma is to be deemed admitted by Congress
into the Union under and by virtue of the said act on an equal foot-
ing with the original States ;
In Testimony AViiereof, I liaA^e hereunto set my hand and caused
the seal of the United States to be affixed.
Done at the City of AVashington this sixteenth day of November,
in the year of our Lord one thousand nine hundred and seven and
of the Indej>endence of the United States of America the one hun-
dred and thirty-second.
[se^\l.] Theodore Roosevelt
By the President :
Eli II u Root
Secrcturj/ of State.
CONSTITUTION OF OKLAHOMA— 1907."
PREAMBLE.
Invoking the guidance of Almighty God, in order to secure and per-
petuate the blessing of liberty; to secure just and rightful govern-
ment; to promote our mutual welfare and happiness, we, the people
of the State of Oklahoma, do ordain and establish this constitution.
Article I.
Federal relations.
Section 1. The State of Oklahoma is an inseparable part of the
Federal Union, and the Constitution of the United States is the su-
preme law of the land.
Sec. 2. Perfect toleration of religious sentiment shall be secured,
and no inhabitant of the State shall ever be molested in person or
property on account of his or her mode of religious worship ; and no
religious test shall be required for the exercise of civil or political
rights. Polygamous or plural marriages are forever prohibited.
Sec. 3. The people inhabiting the State do agree and declare that
they forever disclaim all right and title in or to any unappropriated
public lands lying within the boundaries thereof, and to all lands
lying within said limits owned or held by any Indian, tribe, or nation ;
and that until the title to any such public land shall have been extin-
guished by the United States, the same shall be and remain subject to
the jurisdiction, disposal, and control of the United States. Land
belonging to citizens of the United States residing without the limits
of the State shall never be taxed at a higher rate than the land be-
longing to residents therof. No taxes shall be imposed by the State
on lands or property belonging to or which may hereafter be pur-
chased by the United States or reserved for its use.
Sec. 4. The debts and liabilities of the Territory of Oklahoma are
hereby assumed, and shall be paid by the State.
Sec. 5. Provisions shall be made for the establishment and main-
tenance of a system of public schools, which shall be open to all the
children of the State and free from sectarian control; and said
schools shall always be conducted in. English: Provided^ That noth-
ing herein shall preclude the teaching of other languages in said
public schools: And provided further^ That this shall not be con-
strued to prevent the establishment and maintenance of separate
schools for white and colored children.
"This constitution was ratified Septeml)er IT, 11107: the open vote was, for,
1S0,.S3.3; against, 73,059; tliere was no open vote for or against any specified
clause of tlie constitution. (Letter of Leo Meyer, assistant seci*etary of state,
Guthrie, February 12, 1908.)
The text verified by " Constitution of the State of Olvlahoma, Senate Docu-
ment No. 187, Sixtieth Congress, first session, Washington, Go^'ernnlent Print-
ing Otfiee, 1908, 80 pages:'" and by "Constitution of the State of Oklalionia,
A. D. 1906 and 1907, Leader Printing Company, Guthrie, 64 pages." Copy re-
ceived from the secretary of state of Oklahoma.
4271
4272 Oklahoma— 1907.
Sec. 6. The State shall never enact any law restricting or abridg-
ing the right of suffrage on account of race, color, or previous condi-
tion of servitude.
Sec. 7. The manufacture, sale, barter, giving away, or otherwise
furnishing, except as hereinafter provided, of intoxicating liquors
within those parts of the State heretofore known as the Indian Terri-
tory and the Osage Indian Reservation, and within any other parts
of the State which existed as Indian reservations on the 1st day of
January, 1906, is prohibited for a period of twenty-one years from
the date of the admission of the State into the Union, and thereafter
until the people of the State shall otherwise provide by amendment
of this constitution and proper State legislation. Any person, indi-
vidual or corporate, who shall manufacture, sell, barter, give away,
or otherwise furnish any intoxicating liquor of any kind, including
beer, ale, and wine, contrary to provisions of this section, or who
shall, within the above-described portions of the State, advertise
for sale or solicit the purchase of any such liquors, or who shall ship
or in any way convey such liquors from other parts of the State into
the portions hereinbefore described, shall be punished, on conviction
thereof, by fine not less than $50 and by imprisonment not less than
thirty days for each offense: Prmnded^ That the legislature may
provide by law for one agency under the supervision of the State
in each incorporated town of not less than 2,000 population in the
portions of the State hereinbefore described; and if there be no in-
corporated town of 2,000 population in any county in said portions
of the State, such county shall be entitled to have one such agency
for the sale of such liquors for medicinal purposes ; and for the sale,
for industrial purposes, of alcohol which shall have been denaturized
by some process approved by the United States Commissioner of
Internal Eevenue; and for the sale of alcohol for scientific pur-
poses to such scientific institutions, universities, and colleges as are
authorized to procure the same free of tax under the laws of the
United States; and for the sale of such liquors to any apothecary
who shall have executed an approved bond, in a sum not less than
$1,000, conditioned that none of such liquors shall be used or dis-
posed of for any purpose other than in the compounding of pre-
scriptions or other medicines, the sale of which would not subject
him to the payment of the special tax required of liquor dealers by
the United States, and the payment of such special tax by any person
within the parts of the State hereinabove defined shall constitute
prima facie evidence of his intention to violate the provisions of this
section. No sale shall be made except upon the sworn statement of
the applicant in writing setting forth the purpose for which the
liquor is used, and no sale shall be made for medicinal purposes
except sales to apothecaries as hereinabove provided unless such
statement shall be accompanied by a bona fide prescription signed
by a regular practicing physician, which prescription shall not be
filled more than once. Each sale shall be duly registered and the
register thereof, together with the affidavits and prescriptions per-
taining thereto, shall be open to inspection by any officer or citizen
of the State at all times during business hours. Any person who
shall knowingly make a false affidavit for the purpose aforesaid
shall be deemed guilty of perj^uy. Any physician who shall pre-
scribe any such liquor, except for the treatment of disease which,
Oklahoma— 1907. 4273
after his own personal diagnosis, he shall deem to require such treat-
ment, shall, upon conviction thereof, be punished for each offense by
fine of not less than $200, or by imprisonment for not less than
thirty days, or by both such fine and imprisonment ; and any person
connected with any such agency who shall be convicted of making
any sale or other disposition of liquor contrary to these provisions,
shall be punished by imprisonment for not less than one year and one
day. Upon the admission of the State into the Union these provi-
sions shall be immediately enforcible in the courts of the State.
ARTICLE 11.
Bill of rights.
Section 1. All political power is inherent in the people; and gov-
ernment is instituted for their protection, security, and benefit, and to
promote their general welfare; and they have the right to alter or
reform the same whenever the public good may require it : Provided,
Such change be not repugnant to the Constitution of the United
States.
Sec. 2. All persons have the inherent right to life, liberty, the pur-
suit of happiness, and the enjoyment of the gains of their own
industry.
Sec. 3. The people have the right peaceably to assemble for their
own good, and to apply to those invested with the powers of govern-
ment for redress of grievances by petition, address, or remonstrance.
Sec. 4. No power, civil or military, shall ever interfere to prevent
the free exercise of the right of suffrage by those entitled to such
right.
Sec. 5. No public money or property shall ever be appropriated,
applied, donated, or used, directly or indirectly, for the use, benefit,
or support of any sect, church, denomination, or system of religion,
or for the use, benefit, or su]3port of any priest, preacher, minister, or
other religious teacher or dignitary, or sectarian institution as such.
Sec. 6. The courts of justice of the State shall be open to every per-
son, and speedy and certain remedy afforded for every wrong and for
every injury to person, property, or reputation; and right and justice
shall be administered without sale, denial, delay, or prejudice.
Sec. 7. No person shall be deprived of life, liberty, or property,
without due process of law.
Sec. 8. All persons shall be bailable by sufficient sureties, except for
capital offenses when the proof of guilt is evident, or the presuniption
thereof is great.
Sec. 9. Excessive bail shall not be required, nor excessive fines im-
posed, nor cruel or unusual punishments inflicted.
Sec. 10. The privilege of the writ of habeas corpus shall never be
suspended by the authorities of this State.
Sec, 11. Every person elected or appointed to any office or employ-
ment of trust or profit under the laws of the State, or under any
ordinance of any municipality thereof, shall give personal attention
to the duties of the office to which he is elected or appointed.
Sec. 12. No member of Congress from this State, or person holding
any office of trust or profit under the laws of any other State, or of
4274 Oklahoma— 1907.
the United States, shall hold any office of trust or profit under the
laws of this State.
Sec. 13. Imprisonment for debt is prohibited, except for the non-
payment of fii:es and penalties imposed for the violation of law.
Sec. 14. The military shall be held in strict subordination to the
civil authorities. No soldier shall be quartered in any house, in time
of peace, without the consent of the owner, nor in time of war, except
in a manner to be prescribed by law.
Sec. 15. No bill of attainder, ex post facto law, nor any law impair-
ing the obligation of contracts, shall ever be passed. No conviction
shall work a corruption of blood or forfeiture of estate: Provided^
That this provision shall not prohibit the imposition of pecuniary
penalties.
Sec. 16. Treason against the State shall consist only in levying war
against it or in adhering to its enemies, giving them aid and comfort.
No person shall be convicted of treason, unless on the testimony of
two witnesses to the same overt act, or on confession in open court.
Sec. it. No person shall be prosecuted criminally in courts of
record for felony or misdemeanor otherwise than by presentment or
indictment or by information. No person shall be prosecuted for a
felony by information without having had a preliminary examination
before an examining magistrate, or having waived such preliminary
examination. Prosecutions may be instituted in courts not of record
upon a duly verified complaint.
Sec. 18. A grand jury shall be composed of 12 men, any 9 of Avhom
concurring may find an indictment or true bill. A grand jury shall
be convened upon the order of a judge of a court having the power to
try and determine felonies, upon his own motion; or such grand jury
shall be ordered by such judge upon the filing of a petition therefor
signed by 100 resident taxpayers of the county; when so assembled
such grand jury shall have power to investigate and return indict-
ments for all character and grades of crime, and such other powers
as the legislature may prescribe: Providrd^ That the legislature may
make the calling of a grand jury compulsory.
Sec. 19. The right of trial by jury shall be and remain inviolate,
and a jury for the trial of civil and criminal cases in courts of record,
other than county courts, shall consist of 12 men; but in county courts
and courts not of record a jury shall consist of 6 men. This section
shall not be so construed as to prevent limitations being fixed by law
upon the right of appeal from judgments of courts not of record in
civil cases concerning causes of action involj'ing less than $20. In
civil cases, and in criminal cases less than felonies, three-fourths of
the whole number of jurors concurring shall have power to render a
verdict. In all other cases the entire number of jurors must concur
to fender a verdict. In case a verdict is rendered by less than the
whole number of jurors, the verdict shall be in writing and signed
by each juror concurring therein.
Sec. 20. In all criminal prosecutions the accused shall have the
right to a speedy and public trial b}^ an impartial jury of the county
in which the crime shall have been committed: Provided., That the
venue may be changed to some other county of the State, on the ap-
plication of the accused, in such manner as may be prescribed by law.
He shall be informed of the nature and cause of the accusation
Oklahoma— 1907. 4275
against liim and have a copy thereof, and be confronted with the
witnesses again-st him, and have compulsory process for obtaining
witnesses in his behalf. He shall have the right to be heard by him-
self and counsel; and in capital cases, at least two days before the
case is called for trial, he shall be furnished with a list of the wit-
nesses that will be called in chief, to prove the allegations of the in-
dictment or information, together with their post-ofRce addresses.
Sec. 21. No person shall be compelled to give evidence which will
tend to incriminate him, except as in this constitution specifically
provided ; nor shall any person, after having been once acquitted by
a jury, be again put in jeopardy of life or liberty for that of which
he has been acquitted. Nor shall any person be twice put in jeop-
ardy of life or liberty for the same olFense.
Sec. 22. Every person may freely speak, write, or publish his senti-
ments on all subjects, being responsible for the abuse of that right;
and no law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions for libel, the truth of
the matter alleged to be libelous may be given in evidence to the
jury, and if it shall appear to the jury that the matter charged as
libelous be true, and was written or published with good motives and
for justifiable ends, the party shall be acquitted.
Sec. 23. No private 2:)roperty shall be taken or damaged for pri-
vate use, with or without compensation, unless by consent of the
owner, except for private ways of necessity, or for drains and ditches
across lands of others for agricultural, mining, or sanitary purposes,
in such manner as may be jDrescribed by law.
Sec. 24. Private property shall not be taken or damaged for public
use without just compensation. Such compensation, irrespective of
any benefit from any improvements proposed, shall be ascertained by
a board of commissioners of not less than three free-holders, in such
manner as ma}^ be prescribed by law. The commissioners shall not be
appointed by any judge or court without reasonable notice having
been served upon all parties in interest. The commissioners shall be
selected from the regular jury list of names prepared and made as the
legislature shall provide. Any party aggrieved shall have the right
of appeal, without bond, and trial by jury in a court of record. Until
the compensation 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 divested. When possession is taken of property con-
demned for any public use the owner shall be entitled to the imme-
diate receipt of the compensation awarded, without prejudice to the
right of either iiartj to prosecute further proceedings for the judicial
determination of the sufficiency or insufficiency of such compensation.
The fee of land taken by common carriers for right of way, without
the consent of the owner, shall remain in such owner subject only to
the use for which it is taken. In all cases of condemnation of private
property for public or private use the determination of the character
of the use shall be a judicial question.
Sec. 25. The legislature shall pass laws defining contempts and
regulating the proceedings and punishment in matters of contempt:
Provided, That any person accused of violating or disobeying, when
not in the presence or hearing of the court, or judge sitting as such,
any order of injunction, or restraint, made or entered by any court
4276 Oklahoma— 1907.
or judge of the State shall, before penalty or punishment is imposed,
be entitled to a trial by jury as to the guilt or innocence of the ac-
cused. In no case shall a penalty or punishment be imposed for con-
tempt, until an opportunity to be heard is given.
Sec. 26. The right of a citizfen to keep and bear arms in defense of
his home, person, or property, or in aid of the civil power, when there-
unto legally summoned, shall never be prohibited ; but nothing herein
contained shall prevent the legislature from regulating the carrying
of weapons.
Sec. 27. Any person having knowledge or possession of facts
that tend to establish the guilt of any other person or corporation
charged with an offense against the laws of the State, shall not be
excused from giving testimony or producing evidence, when legally
called upon so to do, on the ground that it may tend to incriminate
him under the laws of the State; but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he may so testify or
produce evidence.
Sec. 28. The records, books, and files of all corporations shall be,
at all times, liable, and subject to the full visitorial and inquisitorial
powers of the State, notwithstanding the immunities and privileges
in this bill of rights secured to the persons, inhabitants, and citizens
thereof.
Sec. 29. No person shall be transported out of the State for any
offense committed within the State, nor shall any person be trans-
ported out of the State for any purpose, without his consent, except
by due process of law; but nothing in this provision shall prevent
the operation of extradition laws, or the transporting of persons
sentenced for crime to other States for the purpose of incarceration.
Sec. 30. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches or seizures
shall not be violated ; and no warrant shall issue but upon probable
cause supported by oath or affirmation, describing as particularly as
may be the place to be searched and the person or thing to be seized.
Sec. 31. The right of the State to engage in any occupation or
business for public purposes shall not be denied nor prohibited, ex-
cept that the State shall not engage in agriculture for any other than
educational and scientific purposes and for the support of its penal,
charitable, and educational institutions.
Sec. 32. Perpetuities and monopolies are contrary to the genius
of a free government, and shall never be allowed, nor shall the law
of primogeniture or entailments ever be in force in this State.
Sec. 33. The enumeration in this constitution of certain rights
shall not be construed to deny, impair, or disparage others retained
by the people.
Article III.
Sufrage.
Section 1. The qualified electors of the State shall be male citizens
of the United States, male citizens of the State, and male persons
of Indian descent native of the United States, who are over the age
of 21 years, who have resided in the State one year, in the county six
Oklahoma— 1907 . 4277
months, and in the election precinct thirty days, next preceding the
election at which any such elector offers to vote : Provided, That no
person adjudged guilty of a felony after the adoption of this consti-
tution, subject to such exceptions as the legislature may prescribe,
unless his citizenship shall have been restored in the manner provided
by laAv; nor any person, while kept in a poorhouse or other asylum
at the public expense, except Federal and confederate ex-soldiers;
nor any person in a public prison, nor any idiot or lunatic, shall be
entitled to vote at any election under the laws of this State.
Sec. 2. For the purpose of voting, no member of the Regular Army
or Navy of the United States shall gain a residence in this State by
reason of being stationed in this State, nor shall any such person lose
a residence in the State while absent from the State in the military
or naval service of the United States.
Sec. 3. Until otherwise provided by law, all female citizens of this
State, possessing li*ke qualifications of male electors, shall be qualified
to vote at school district elections or meetings.
• Primary Elections.
Sec. 4. The legislature shall enact laws creating an election board
(not more than a majority of whose members shall be selected from
the same political party), and shall provide the time and manner
of holding and conducting all elections ; and, at any time the Federal
Constitution may permit the election of United States Senators by
direct vote of the people, the legislature shall provide for their elec-
tion as for the election of governor and other elective officers.
Sec. 5. The legislature shall enact laws providing for a mandatory
primary system, which shall provide for the nomination of all candi-
dates in all elections for State, district, county, and municipal officers,
for all political parties, including United States Senators : Provided,
however, This provision shall not exclude the right of the people to
place on the ballot by petition any nonpartisan candidate.
Sec. 6. In all elections by the people the vote shall be by ballot and
the legislature shall provide the kind of ticket or ballot to be used and
make all such other regulations as may be necessary to detect and
punish fraud, and preserve the purity of the ballot; and may, when
necessary, provide by law for the registration of electors throughout
the State or in any incorporated city or town thereof, and, when it is
so provided, no person shall vote at any election unless he sliall have
registered according to law.
Sec. 7. The election shall be free and equal. No power, civil or
military, shall ever interfere to prevent the free exercise of the right
of suffrage, and electors shall, in all cases, except for treason, felony,
and breach of the peace, be privileged from arrest during their at-
tendance on elections and while going to and from the same.
Article IV.
Distrihutioti of powers.
Section 1. The powers of the government of the State of Okla-
homa shall be divided into three separate departments — the legisla-
tive, executive, and judicial; and except as provided in this consti-
7535 — VOL 7—09 32
4278 Oklahoma— 1 907 .
tution, the legislative, executive, and judicial departments of govern-
ment shall be separate and distinct, and neither shall exercise the
powers properly belonging to either of the others.
Article V.
Legislative department.
INITIATIVE AND REFERENDUM.
Section 1. The legislative authority of the State shall be vested in
a legislature, consisting of a senate and a house of representatives;
but the people reserve to themselves the power to propose laws and
amendments to the constitution and to enact or reject the same at the
polls independent of the legislature, and also reserve power at their
own option to approve or reject at the polls any act of the legislature.
Sec. 2. The first power reserved by the people is the initiative, and
8 per centum of the legal voters shall have the right to propose any
legislative measure, and 15 per centum of the legal voters shall
have the right to propose amendments to the constitution by petition,
and every such petition shall include the full text of the measure
so proposed. The second power is the referendum, and it may be
ordered (except as to laws necessary for the immediate preservation
of the public peace, health, or safety), either by petition signed by
5 per centum of the legal voters or by the legislature as other bills
are enacted. The ratio and per centum of legal voters hereinbefore
stated shall be based upon the total number of votes cast at the last
general election for the State office receiving the highest number of
votes at such election. •
Sec. 3. Eeferendum petitions shall be filed with the secretary of
state not more than ninety days after the final adjournment of the
session of the legislature which passed the bill on which the referen-
dum is demanded. The veto power of the governor shall not extend
to measures voted on by the people. All elections on measures re-
ferred to the people of the State shall be had at the next election held
throughout the State, except when the legislature or the governor
shall order a special election for the express purpose of making such
reference. Any measure referred to the people by the initiative
shall take effect and be in force when it shall have been approved
by a majority of the votes cast in such election. Any measure re-
ferred to the people by the referendum shall take effect and be in
force when it shall have been approved by a majority of the votes
cast thereon and not otherwise.
The stvle of all bills shall be : " Be it enacted by the people of the
State of "Oklahoma."
Petitions and orders for the initiative and for the referendum shall
be filed with the secretary of state and addressed to the governor of
the State, who shall submit the same to the people. The legislature
shall make suitable provisions for carrying into effect the provisions
of this article.
Sec. 4. The referendum may be demanded by the people against
one or more items, sections, or parts of any act of the legislature in
the same manner in which such power may be exercised against a
Oklahoma— 1907. 4279
complete act* The filing of a referendum petition against one or
more items, sections, or parts of an act shall not delay the remainder
of such act from becoming operative.
Sec. 5. The powers of the initiative and referendum reserved to the
people by this constitution for the State at large are hereby further
reserved to the legal voters of every county and district therein, as to
all local legislation, or action, in the administration of county and
district government in and for their respective counties and districts.
The manner of exercising said powers shall be prescribed by gen-
eral laws, except that boards of county commissioners may provide
for the time of exercising the initiative and referendum powers as to
local legislation in their respective counties and districts.
The requisite number of petitioners for the invocation of the initia-
tive and referendum in counties and districts shall bear twice or
double the ratio to the whole number of legal voters in such county
or district as herein provided therefore in the State at large.
Sec. 6. Any measure rejected by the people, through the powers of
the initiative and referendum, can not be again proposed by the in-
itiative within three years thereafter by less tlian 25 per centum of
the legal voters.
Sec, 7. The reservation of the powers of the initiative and refer-
endum in this article shall not deprive the legislature of the right to
repeal any law, propose or pass any measure, which may be consist-
ent with the constitution of the State and the Constitution of the
United States.
Sec. 8. Laws shall be provided to prevent corruption in making,
procuring, and submitting initiative and referendum petitions.
The legislature*
SENATE.
Sec. 9. The senate, except as hereinafter provided, shall consist of
not more than 44 members, whose term of office shall be four years :
Provided, That one senator elected at the first election from each
even numbered district shall hold office until the fifteenth day suc-
ceeding the regular State election in 1908, and one elected from each
odd numbered district at said first election shall hold office until the
fifteenth day succeeding the day of the regular State election in 1910 :
And provided further, That in districts electing two senators, the two
elected at the first election shall cast lots in such manner as the leg-
islature may prescribe to determine which shall hold the long and
which the short term.
Sec. 9. (a) At the time each senatorial appointment is made after
the year 1910 the State shall be divided into 44 districts, to be called
senatorial districts, each of which shall elect one senator; and the
senate shall always be composed of 44 senators, except that in event
any county shall be entitled to three or more senators at the time of
any appointment such additional senator or senators shall be given
such county in addition to the 44 senators and the whole number to
that extent. Said districts shall be numbered from 1 to 44, inclusive,
and each of said districts shall contain as near as may be an equal
number of inhabitants, such population to be ascertained by the next
4280 Oklahoma— 1907.
preceding Federal census, or in such manner as the legislature may
direct, and shall be in as compact form as practicable and shall
remain unaltered until the next decennial period, and shall at all
times consist of contiguous territory.
(b) No county shall ever be divided in the formation of a sena-
torial district except to make two or more senatorial districts wholly
in such county. Xo town and no ward in a city when constituting
only one voting precinct, shall be divided in the formation of a sena-
torial district, nor shall any senatorial district contain a greater
excess in population over an adjoining district in the same county
than the population of a town, or ward in a city, constituting only
one voting precinct therein, adjoining such district. Towns and
wards in cities constituting only one voting precinct, which may,
from their location, be included in either of two senatorial districts,
shall be so placed as to make such districts most nearly equal in
•number of inhabitants.
HOUSE OF REPRESENTATIVES.
Sec. 10. The house of representatives, until otherwise provided by
law, shall consist of not more than 109 members, who shall hold office
for two years: Provided, That the representatives elected at the first
election shall hold office until the fifteenth day succeeding the day of
the regular State election in 1908: And provided, That the day on
which State elections shall be held shall be fixed by the legislature.
(a) The first legislature shall meet at the seat oi government upon
proclamation of the governor on the day named in said proclamation,
which shall not be more than thirty days nor less than fifteen days
after the admission of the State into the Union.
(5) The apportionment of this State for members of the legislature
shall be made at the first session of the legislature after each decennial
Federal census.
(c) The whole population of the State as ascertained by the Fed-
eral census, or in such manner as the legislature may direct, shall be
divided by the number 100 and the quotient shall be the ratio of
representation in the house of representatives for the next ten years
succeeding such appointment.
(d) Every county having a population equal to one-half of said
ratio shall be entitled to 1 representative; every county containing
said ratio and three-fourths over shall be entitled to 2 representa-
tives, and so on, requiring after the first 2 an entire ratio for each
additional representative: Provided, That no county shall ever take
part in the election of more than 7 representatives.
(e) When any county shall have a fraction above the ratio so
large that being multiplied by 5 the result will be equal to 1 or more
ratios, additional representatives shall be apportioned for such ratio
among the several sessions of the decennial period. If there are 2
ratios, representatives shall be allotted to the fourth and third
sessions, respectively; if 3, the third, second, and first sessions, re-
spectively; if 4, to the fourth, third, second, and first sessions, re-
spectively.
(/) Any county forming with another county or counties a repre-
sentative district during one decennial period if it has acquired
sufficient population, at a fixed decennial period, shall be entitled to
Oklahoma— 1907. 4281
an additiorical representative, if there shall be left in the district from
Avhich it shall have been separated a population sufficient for a repre-
sentative. No such change shall be made except at the regular
decennial period for the apportionment of representatives.
(g) If in fixing any decennial ratio, a county previously a separate
representative district shall have less than the number required by
the ratio for a representative, such county shall be attached to a
county adjoining it and become a part of such representative district.
(h) No county shall ever be divided in the formation of repre-
sentative districts except to make two or more representative dis-
tricts in such county. No town, or ward in a city, where it constitutes
only one voting precinct, shall be divided in the formation of repre-
sentative districts, nor shall any representative district contain a
greater excess in population over an adjoining district in the same
county than the population of a town or ward in a city, constituting
only one voting precinct adjoining such district. Counties, towns,
or wards in cities, constituting only one voting precinct, which, from
location, may be included in either of two districts, shall be so placed
as to make said districts most nearly equal in number of inhabitants.
(i) Ascertaining the ratio of representation according to the
Federal census, or such other enumeration as the legislature may
provide, and attaching any county, previously having a separate
representative but found to have less than the number required by
the ratio, to an adjoining county; and determing the number of
representatives each county or district shall be entitled to, and for
what sessions of the legislature within the next decennial period;
and apportioning the senators, shall be done by the legislature and
be presented to the governor for his approval in the same manner as
other bills which may be passed by the legislature.
(j) An apportionment by the legislature shall be subject to re-
view by the supreme court at the suit of any citizen, under such rules
and regulations as the legislature may prescribe. And such court
shall give all cases involving apportionment precedence over all
other cases and proceedings; and if said court be not in session, it
shall convene promptly for the disposal of the same.
LEGISLATIVE APPORTIONMENT.
Sec. 11. Until the apportionment is made by the legislature after
the next Federal decennial census, the State, except as otherwise
provided, shall be divided into 33 senatorial districts, each of whom
shall be composed of the counties as named, shall be numbered and
elect senators as follows, namely:
First, Beaver, Cimmaron, Harper, and Texas, 1 senator; Second,
Beckham, Dewej'', Ellis, and Roger Mills, 2 senators; Third, Woods
and Woodward, 1 senator ; Fourth, Greer, 1 senator ; Fifth, Jackson
and Tillman, 1 senator; Sixth, Custer, Kiowa, and Wachita, 2 sen-
ators; Seventh, Alfalfa and Major, 1 senator; Eighth, Garfield, 1
senator; Ninth, Osage, Grant, and Kay, 2 senators; Tenth, Noble
and Pawnee, 1 senator; Eleventh, Creek and Payne, 1 senator;
Twelfth, Logan, 1 senator; Thirteenth, Lincoln and Pottawatomie,
2 senators; Fourteenth, Canadian and Oklahoma, 2 senators; Fif-
teenth, Caddo and Grady, 2 senators; Sixteenth, Blaine and King-
fisher, 1 senator; Seventeenth, Comanche, Jefferson, and Stephens, 2
4282 Oklahoma— 1907.
senators; Eighteenth, Carter, Love, and Murray, 2 senators; Nine-
teenth, Cleveland, Garvin, and McClain, 2 senators; Twentieth,
Atoka, Bryan, and Coal, 2 senators; Twenty-first, Latimer and
Le Flore, 1 senator; Twenty-second, Hughes and Okfuskee, 1 sena-
tor; Twenty-third, Pontotoc and Seminole, 1 senator; Twenty-
fourth, Choctaw, McCurtain, and Pushmataha, 1 senator; Twenty-
fifth, Pittsburg, 1 senator; Twenty-sixth, Marshall and Johnston,
1 senator; Twenty-seventh, Haskell, Mcintosh, and Muskogee, 2 sen-
ators; Twenty-eighth, Adair and Sequoyah, 1 senator; Twenty-ninth,
Mayes and Craig, 1 senator; Thirtieth, Ottawa, Delaware, and Cher-
okee, 1 senator: Thirty-first, Tulsa and Washington, 1 senator;
Thirt3''-second, Okmulgee and Wagoner, 1 senator; Thirty-third,
Nowata and Rogers, 1 senator.
Sec. 12. The following counties shall each elect 1 member to the
house of representatives: Adair, Alfalfa, Atoka, Beaver, Beckham,
Blaine, Canadian, Cherokee, Choctaw, Cimarron, Cleveland, Coal,
Comanche, Craig, Creek, Custer, Delaware, Dewey, Ellis, Grant.
Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kingfisher,
Latimer, Le Flore, Love, ISIajor, Marshall, Mayes, Murray, McClain,
McCurtain, Mcintosh, Noble, Nowata, Okfuskee, Okmulgee, Osage,
Ottawa, Pawnee, Payne, Pontotoc, Pushmataha, Rogers, Roger Mills,
Seminole, Sequoj^ah, Stephens, Texas, Tillman, Tulsa, Wagoner,
Washington, Washita, Woods, and Woodward.
Sec. 13. The following counties shall elect 2 members of the house
of representatives: Bryan, Caddo, Carter, Garvin, Grady, Kay,
Kiowa, Muskogee, and JPittsburg.
(a) Garfield, 1 to be elected from each of the following districts:
District 1, the city of Enid, Enid township, and the townships of
North Enid, Banner, and Garland. District 2, all that part of Gar-
field county not contained in District 1.
(b) Greer, 1 to be elected from each of the following districts:
District 1, all that part of Greer County lying east of the line between
ranges 23 and 24. District 2, all that part of Greer County not con-
tained in District 1.
(c) Lincoln, 1 to be elected from each of the following districts:
District 1, the townships of Pawnee, Ponca, North Fox, South Fox,
North Keokuk, South Keokuk, North Creek, South Creek, North
Seminole, South Seminole, North Choctaw, and South Choctaw, with
all towns and cities contained therein. District 2, all that part of
Lincoln county not contained in district 1.
Sec. 14. The following counties shall elect 3 members each : Potta-
watomie and Logan.
Pottawatomie shall elect 3 members at large. Logan, with 3 mem-
bers prorated as follows: District 1 shall be composed of the town-
ships of Marshall, Bismarck, Orlando, Oak View, Rose Hill, Mulhull,
Crescent, Woodland, Lawrie, Cedar, Iron Mound, Spring Creek,
Antelope, and North Cimarron, and all towns and villages therein.
District 2 shall consist of all that part of the city of Guthrie
described as follows: That part of the First Ward lying north of
Harrison avenue, the Second Ward, the Third Ward, the Fourth
Ward, and all of the Fifth Ward except that part lying south of
Cleveland avenue and east of Fourteenth street. District 3 shall con-
sist of all that part of Logan County not included in districts 1 and 2.
Oklahoma— 1907. 4283
Sec. 15. Oklahoma County shall liave representatives to be elected
as follows: 1 from the county at large. The other 3 to be prorated
as follows: District 1, Oklahoma City, and the townships of Okla-
homa and Greely, with all towns and cities contained tlierein, 2 mem-
bers. District 2, all that part of Oklahoma County not contained
in district 1, one member.
Sec. 1G. (a) The followino; pairs of counties shall compose addi-
tional legislative districts and each district shall elect 1 member lo
the house of representatives: Johnston and Coal, Bryan and Atoka,
Pontotoc and Seminole. Muskogee and Haskell. Pittsburg and
Hughes, Comanche and Stephens, Washita and Custer, Pottawatomie
and Lincoln, Sequoyah and Le Flore, Alfalfa and Grant, Craig and
Rogers, Garfield and Kingfisher, Payne and Pawnee, Creek and
Tulsa.
(6) The following trio of counties shall constitute one legislative
district with one member : Caddo, Canadian, and Cleveland.
QUALIFICATIONS AND RIGHTS OF ]N»EMBEES.
Sec. 17. Members of the senate shall be at least 25 years of acre,
and members of the house of representatives 21 years of age at the
time of their election. They shall be qualified electors in their re-
spective counties or districts and shall reside in their respective
counties or districts during their term of office.
Sec. 18. No person shall serve as a member of the legislature who
is, at the time of such service, an officer of the United States or State
government, or is receiving compensation as such; nor shall any
person be eligible to election to the legislature who has been adjudged
guilty of a felony.
Sec. 19. a member of the legislature expelled for corruption sliall
not thereafter be eligible to membership in either house. Punish-
ment for contempt or disorderly conduct, or for anj^ other cause,
shall not bar an indictment for the same offense.
Sec. 20. The governor shall issue writs of election to fill such va-
cancies as may occur in the legislature.
Sec. 21. Members of the legislature shall receive $G per diem for
their services during the session of the legislature, and 10 cents per
mile for every mile of necessary travel in going to and returning
from the place of meeting of the legislature, on the most usual route,
and shall receive no other compensation: Provided, That members
of the legislature, except during the first session thereof held under
this constitution, shall receive only $2 per diem for their services
after sixty daj^s of such session have elapsed.
Sec. 22. Senators and representatives shall, except for treason, fel-
ony, or breach of the peace, be privileged from arrest during the ses-
sion of the legislature, and in going to and returning from the same,
and for any speech or debate in either house shall not be questioned
in any other place.
Sec. 23. No member of the legislature shall, during the term for
which he was elected, be appointed or elected to any office or commis-
sion in the State, which shall have been created, or the emoluments of
which shall have been increased, during his term of office, nor shall
any member receive any appointment from the governor, the governor
4284 Oklahoma— W07.
and senate, or from the legislature, during the term for which he
shall have been elected, nor shall any member, during the term for
which he shall have been elected, or within two years thereafter, be
interested, directly or indirectly, in any contract with the State, or
any county or other subcFivision thereof, authorized by law passed
during the term for which he shall have been elected.
Sec, 24. A member of the legislature who has a personal or private
interest in any measure or bill, proposed or pending before the legis-
lature, shall disclose the fact to the house of which he is a member,
and shall not vote thereon.
SESSIONS 01' LEGISLATURE.
Sec. 25. The first session of the legislature, held by virtue of this
constitution, shall not exceed one hundred and sixty days.
Sec. 26. The members of the legislature shall meet at the seat of
government on the first Tuesday after the Monday in January at 12
o'clock, noon, in the year next succeeding their election, or upon such
other day as may be provided by law.
Sec. 27. The legislature shall hold regular biennial sessions as
herein provided, but this shall not prevent the calling of a special
session of the legislature by the governor.
ORGANIZATION AND RULES.
Sec. 28. The senate shall, at the beginning of each regular session
and at such other times as may be necessary, elect one of its members
president pro tempore, who shall preside over its deliberations in the
absence or place of the lieutenant-governor ; and the senate shall pro-
vide for all its standing committees and. by a majority vote, elect the
members thereof.
Sec. 29. The house of representatives shall, at the beginning of each
regular session and at such other times as may be necessary, elect one
of its members speaker.
Sec. 30. Each house shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall con-
stitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalty as each house
may provide.
Each house may determine the rules of its proceedings, punish its
members for disorderly behavior and, with the concurrence of two-
thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time
to time publish the same. The yeas and nays of the members of either
house or any question, at the desire of one-fifteenth of those present,
shall be entered upon its journal.
Neither house, during the session of the legislature, shall, without
the consent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.
Sec. 31. In all elections made by the legislature, except for officers
and employees thereof, the members thereof shall vote yea or nay, and
each vote shall be entered upon the journal.
Oklahoma— 1907. 4285
Sec. 32. No special or local law shall be considered by the legisla-
ture until notice of the intended introduction of such bill or bills
shall first have been published for four consecutive weeks in some
weekly newspaper published or of general circulation in the city or
county affected by such law, stating in substance the contents thereof,
and verified proof of such publication filed with the secretary -of state.
Sec. 33. All bills for raising revenue shall originate in the house of
representatives. The senate may propose amendments to revenue
bills. No revenue bill shall be passed during the five last days of the
session.
Sec. 34. Every bill shall be read on three different days in each
house, and no bill shall become a law unless, on its final passage, it be
read at length, and no law shall be passed unless upon a vote of a
majority of all the members elected to each house in favor of such
law ; and the question, upon final passage, shall be taken upon its last
reading, and the yeas and nays shall be entered upon the journal.
Sec. 35. The presiding officer of each house shall, in the presence
of the house over which he presides, sign all bills and joint resolutions
passed by the legislature, immediately after the same shall have been
publicly read at length, and the fact of reading and signing shall be
entered upon the journal, but the reading at length may be dispensed
with by a two-thirds vote of a quorum present, which vote, by yeas
and nays, shall also be entered upon the journal.
POWERS AND DUTIES.
Sec. 36. The authority of the legislature shall extend to all rightful
subjects of legislation, and any specific grant of authority in this con-
stitution, upon any subject whatsoever, shall not work a restriction,
limitation, or exclusion of such authority upon the same or any other
subject or subjects whatsoever.
Sec. 37. The legislature shall have the power to establish a state
printing plant and to provide for the election or appointment of a
state printer.
Sec. 38. The legislature shall provide for the establishment of a
state geological and economic survey.
Sec. 39. The legislature shall create a board of health, board of
dentistry, board of pharmacy, and pure food commission, and pre-
scribe the duties of each. All physicians, dentists, and pharmacists
now legally registered and practicing in Oklahoma and Indian Ter-
ritory shall be eligible to registration in the State of Oklahoma
without examination or cost.
Sec. 40. The legislature shall provide for organizing, disciplining,
arming, maintaining, and equipping the militia of the State.
Sec. 41. The legislature may enact laws authorizing cities to pen-
sion meritorious and disabled firemen.
Sec. 42. In any legislative investigation either house of the legis-
lature, or any committee thereof, duly authorized by the house creat-
ing the same, shall have power to punish as for contempt, dis-
obedience of process, or contumacious or disorderly conduct, and this
provision shall also apply to joint sessions of the legislature, and
also to joint committees thereof, when authorized by joint resolution
of both houses.
4286 Oklahoma— 1907.
Sec. 43. The legislature shall, in the year 1909 and each ten years
thereafter, make provision by law for revising, digesting, and pro-
mulgating the statutes of the State.
Sec. 44. The legislature shall define what is an unlawful combina-
tion, monopoly, trust, act, or agreement, in restraint of trade, and
enact laws to punish persons engaged in any unlawful combination,
monopoly, trust, act, or agreement, in restraint of trade, or compos-
ing any such monopoly, trusi, or combination.
Sec. 45. The legislature shall pass such laws as are necessary for
carrying into effect the provisions of this constitution.
LIMITATIONS.
Sec. 46. The legislature shall not, except as otherwise provided in
this constitution, pass any local or special laAv authorizing the crea-
tion, extension, or impairing of liens; regulating the affairs of coun-
ties, cities, towns, wards, or school districts; changing the names of
persons or places; authorizing the laying out, opening, altering, or
maintaining of roads, highways, streets, or alleys; relating to ferries
or bridges, or incorporating ferry or bridge companies, except for
the erection of bridges crossing streams which form boundaries
between this and any other State; vacating roads, town plats, streets,
or alleys; relating to cemeteries, graveyards, or public grounds not
owned by the State; authorizing the adoption or legitimation of
children; locating or changing county seats; incorporating cities,
towns, or villages, or changing their charters; for the opening and
conducting of elections, or fixing or changing the places of voting;
granting divorces; creating offices, or prescribing the powers and
duties of officers, in counties, cities, towns, election or school districts;
changing the law of descent or succession ; regulating the practice or
jurisdiction of, or changing the rules of evidence in judicial proceed-
ings or inquiry before the courts, justices of the peace, sheriffs, com-
missioners, arbitrators, or other tribunals, or providing or changing
the methods for the collection of debts, or the enforcement of judg-
ments or prescribing the effect of judicial sales of real estate; regu-
lating the fees, or extending the powers and duties of aldermen, jus-
tices of the peace, or constables ; regulating the management of pub-
lic schools, the building or repairing of schoolhouses, and the raising
of money for such purposes ; fixing the rate of interest ; affecting the
estate of minors, or persons under disability''; remitting fines, penal-
ties and forfeitures, and refunding moneys legally paid into the
treasuiy; exempting property from taxation; declaring any named
person of age; extending the time for the assessment or collection of
taxes, or otherwise relieving any assessor or collector of taxes from
due performance of his official duties, or his securities from liability;
giving effect to informal or invalid wills or deeds; summoning or
impaneling grand or petit juries; for limitation of civil or criminal
actions; for incorporating railroads or other works of internal im-
provements; providing for change of venue in civil and criminal
cases.
Sec. 47. The legislature shall not retire any officer on pay or part
pay, or make any grant to such retiring officer.
Oklahoma— 1907. 4287
Sec. 48. The legislature shall have no power to appropriate any
of the public money for the establishment and maintenance of a
bureau of immigration in this State.
Sec. 49. The legislature shall not increase the number or emolu-
ment of its employees, or the employees of either house, except by
general law, which shall not take effect during the term at which
such increase was made.
Sec. 50. The legislature shall pass no law exempting any property
within this State from taxation, except as otherwise provided in this
constitution.
Sec. 51. The legislature shall pass no law granting to any associa-
tion, corporation, or individual any exclusive rights, privileges, or
immunities within this State.
Sec. 52. The legslature shall have no power to revive any right
or remedy which may have become barred by lapse of time, or by
any statute of this State. After suit has been commenced on any
cause of action, the legislature shall have no power to take away such
cause of action, or destroy any existing defense to such suit.
Sec. 53. The legislature shall have no power to release or extin-
guish, or to authorize the releasing or extinguishing, in whole or in
part, the indebtedness, liabilities, or obligations of any corporation,
or individual, to this State, or any county or other municipal corpora-
tion thereof.
MISCELLANEOUS PROVISIONS.
Sec. 54. The repeal of a statute shall not revive a statute pre-
viously repealed by such statute, nor shall such repeal affect any
accrued right, or penalty incurred, or proceedings begun by virtue
of such repealed statute.
Sec. 55. No money shall ever be paid out of the treasury of this
State, nor any of its funds, nor any of the funds under its manage-
ment, except in pursuance of an appropriation by law, nor unless
such payments be made within two and one-half years after the
passage of such appropriation act, and every such law making a new
appropriation, or continuing or reviving an appropriation, shall
distinctly specify the sum appropriated and the object to which it is
to be applied, and it shall not be sufficient for such law to refer to
any other law to fix such sum.
Sec. 56. The general appropriation bill shall embrace nothing but
appropriations for the expenses of the executive, legislative, and
judicial departments of the State, and for interest on the public debt.
The salary of no officer or employee of the State, or any subdivision
thereof, shall be increased in such bill, nor shall any appropriation be
made therein for any such officer or employee, unless his employment
and the amount of his salary shall have been already provided for by
law. All other appropriations shall be made by separate bills, each
embracing but one subject.
Sec. 57. Every act of the legislature shall embrace but one subject,
which shall be clearly expressed in its title, except general appropria-
tion bills, general revenue bills, and bills adopting a code, digest, or
revision of statutes ; and no law shall be revived, amended, or the pro-
visions thereof extended or conferred, by reference to its title only;
but so much thereof as is revived, amended, extended, or conferred
4288 Oklahoma— 1907.
shall be reenacted and published at length: Provided, That if any
subject be embraced in any act contrary to the provisions of this sec-
tion, such act shall be void only as to so much of the law as may not
be expressed in the title thereof.
Sec. 58. No act shall take effect until ninety days after the adjourn-
ment of the session at which it was passed, except enactments for
carrying into effect provisions relating to the initiative and referen-
dum, or a general appropriation bill, unless, in case of emergency, to
be expressed in the act, the legislature, by a vote of two-thirds of all
members elected to each house, so directs. An emergency measure
shall include only such measures as are immediately necessary for the
preservation of the public peace, health, or safety, and shall not in-
clude the granting of franchises or license to a corporation or indi-
vidual, to extend longer than one year, nor provision for the purchase
or sale of real estate, nor the renting or encumbrance of real property
for a longer term than one year. Emergency measures may be vetoed
by the governor, but such measures so vetoed may be passed by a
three-fourths vote of each house, to be duly entered on the journal.
Sec. 59. Laws of a general nature shall have a uniform operation
throughout the State, and where a general law can be made ap-
plicable, no special law shall be enacted.
Sec. go. The legislature shall provide by law for the establishment
and maintenance of an efficient system of checks and balances be-
tween the officers of the executive department, and all commissioners
and superintendents, and boards of control of State institutions, and
all other officers intrusted with the collection, receipt, custody, or dis-
bursement of the revenue or moneys of the State whatsoever.
Article VI.
Executive Department.
Section 1. The executive authority of the State shall be vested in
a governor, lieutenant-governor, secretary of state, state auditor,
attorney-general, state treasurer, superintendent of public instruc-
tion, state examiner and inspector, chief mine inspector, commis-
sioner of labor, commissioner of charities and corrections, commis-
sioner of insurance, and other officers provided by law and this con-
stitution, each of whom shall keep his office and public records, books,
and papers at the seat of government, and shall perform such duties
as may be designated in this constitution or prescribed by law.
Sec. 2. The supreme executive power shall be vested in a chief
magistrate, who shall be styled " The governor of the State of
Oklahoma."
Sec. 3. No person shall be eligible to the office of governor, lieu-
tenant-governor, secretary of state, state auditor, attorney-general,
state treasurer, superintendent of public instruction, or state exam-
iner and inspector, except a male citizen of the United States, of the
age of not less than 30 years, and who shall have been three years
next preceding his election a qualified elector of this State: Pro-
vided, That residence in this State shall include the territory now
embraced in this State.
Sec. 4. The term of office of the governor, lieutenant-governor, sec-
retary of state (state auditor, attorney-general, state treasurer, state
Oklahoma— 1907. 4289
examiner .and inspector, and superintendent of public instruction
shall be four years from the second Monday of January next after
their election. The governor, secretary of state, state auditor, and
state treasurer shall not be eligible immediately to succeed them-
selves. The term of the state officers chosen at the first election under
this constitution shall begin on the day on which the State is ad-
mitted into the Union, and expire on the second Monday of January,
in the year 1911.
Sec. 5. The returns of every election for all elective State officers
shall be sealed up and transmitted by the returning officers to the
secretary of state, directed to the speaker of the house of representa-
tives, who shall, immediately after the organization of the house,
and before proceeding to other business, open and publish the same
in the prescence of a majority of each branch of the legislature, who
shall for that purpose assemble in the hall of the house of represen-
tatives. The persons respectively having the highest number of
votes for either of the said offices shall be declared duly elected; but
in case two or more shall have an equal and the highest number of
votes for either of said offices, the legislature shall, forthwith, by joint
ballot, choose one of the said persons so having an equal and the
highest number of votes for said office.
GOVERNOR.
Sec. 6. The governor shall be commander in chief of the militia
of the State, except when in service of the United States, and may
call out the same to execute the laws, protect the public health, sup-
press insurrecion, and repel invasion.
Sec. 7. The governor shall have power to convoke the legislature,
or the senate only, on extraordinary occasions. At extraordinary
sessions, no subject shall be acted upon, except such as the governor
may recommend for consideration.
Sec. 8. The governor shall cause the laws of the State to be faith-
fully executed, and shall conduct in person or in such manner as may
be prescribed by law all intercourse and business of the State with
other States and with the United States, and he shall be a conservator
of the peace throughout the State.
Sec. 9. At every session of the legislature, and immediately upon
its organization, the governor shall communicate by message, deliv-
ered to a joint session of the two houses, upon the" condition of the
State; and shall recommend such matters to the legislature as he shall
judge expedient. He shall also transmit a copy, to each house, of the
full report of each State officer and State commission. He shall com-
municate, from time to time, such matters as he may elect or the legis-
lature may require.
Sec. 10. The governor shall have power to grant, after conviction,
reprieves, commutations, paroles, and pardons for all offenses, except
cases of impeachment, upon such conditions and with such restrictions
and limitations as he may deem proper, subject to such regulations as
may be prescribed by law. He shall communicate to the legislature,
at each regular session, each case of reprieve, commutation, parole, or
pardon, granted, stating the name of the convict, the crime of which
he was convicted, the date and place of conviction and the date of
commutation, pardon, parole, or reprieve.
4290 Oklahoma— 1907.
Sec. 11. Every bill which shall have passed the senate and house
of reprefentatives, and every resolution requiring the assent of both
branches of the legislature, shall, before it becomes a law, be pre-
sented to the governor; if he approve, he shall sign it; if not, he shall
return it with his objections to the house in which it shall have
originated, who shall enter the objections at large in the journal and
proceed to rect)nsider it. If, after such reconsideration, two-thirds of
the members elected to that house shall agree to pass the bill or joint
resolution, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered; and, if approved by
two-thirds of the members elected to that house, it shall become a
law, notwithstanding the objections of the governor. In all such
cases, the vote in both houses shall be determined by yeas and nays,
and the names of the members voting shall be entered on the journal
of each house respectively. If any bill or resolution shall not be
returned by the governor within five days (Sundays excejoted) after
it shall have been presented to him, the same shall be a law in like
manner as if he had signed it, unless the legislature shall, by their
adjournment, prevent its return, in which case it shall not become a
law without the approval of the governor. No bill shall become a
law after the final adjournment of the legislature, unless approved by
the governor within fifteen days after such adjournment.
Sec. 12. Every bill passed by the legislature making appropriations
of money embracing distinct items, shall, before it becomes a law, be
presented to the governor; if he disapproves the bill, or any item, or
appropriation therein contained, he shall communicate such dis-
approval, with his reasons therefor, to the house in which the bill
shall have originated, but all items not disapproved shall have the
force and effect of law according to the original provisions of the
bill. Any item or items so disaj^proved shall be void, unless repassed
by a two-thirds vote, according to the rules and limitations prescribed
in the preceding section in reference to other bills: Provided. That
this section shall not relieve emergency bills of the requirement of
the three- fourths vote.
Sec. 13. The governor shall commission all officers not otherwise
commissioned by law. All commissions shall run in the name and by
the authority of the " State of Oklahoma," be signed by the Governor,
sealed with the great seal of the State of Oklahoma, and attested by
the secretary of state. When any office shall become vacant, he shall,
unless otherwise provided by law, appoint a person to fill such
vacancy, who shall continue in office until a successor shall have been
duly elected or appointed, and qualified according to law.
Sec. 14. In case of a disagreement between the two houses of the
legislature, at a regular or special session, with respect to the time of
adjournment, the governor may, if the facts be certified to him, by
the presiding officer of the house first moving the adjournment,
adjourn them to such time as he shall deem proper, not beyond the
day of the next stated meeting of the legislature. He may convoke
the legislature at or adjourn it to another place, when, in his opinion,
the public safety or welfare, or the safety or health of the members
require it: Provided, however, That such change or adjournment
shall be concurred in by a two-thirds vote of aU the members elected
to each branch of the legislature.
Oklahoma— 1 907 . 429 1
LIEUTENANT-GOVERNOR.
Sec. 15. The lieutenant-governor shall possess the same qualifi-
cations of eligibility for office as the governor. He shall be president
of the senate, but shall have only a casting vote therein, and also in
joint vote of both houses. If, during a vacancy of the office of gov-
ernor, the lieutenant-governor shall be impeached, displaced, resign,
die, or be absent from the State, or become incapable of performing
the duties of the office, the president pro tempore of the senate shall
act as governor until the vacancy be filled or the disability shall
cease; and if the president pro tempore of the senate, for any of the
above enumerated causes, shall become incapable of performing the
duties pertaining to the office of governor, the speaker of the house
of representatives shall act as governor until the vacancy be filled
or the disability shall cease. Further provisions for succession to
the office of governor shall be prescribed by law.
Sec. 16. In the case of impeachment of the governor, or of his
death, failure to qualify, resignation, removal from the State, or
inability to discharge the powers and duties of the office, the said
office, with its compensation, shall devolve upon the lieutenant-gov-
ernor for the residue of the term or until the disability shall be
removed.
SECRETARY OF STATE.
Sec. 17. The secretary of state shall keep a register of the official
acts of the governor, and when necessary, shall attest them, and shall
lay copies of the same, together with copies of all papers relative
thereto, before either house of the legislature, when required to do
so. He shall also perform such other duties as shall be prescribed
by law.
Sec. 18. The secretary of state shall be the custodian of the seal
of the State, and authenticate therewith all official acts of the gov-
ernor, except his approval of laws. The said seal shall be called
" The great seal of the State of Oklahoma."
STATE EXAMINER AND INSPECTOR.
Sec. 19. The state examiner and inspector must have had at least
three years' experience as an expert accountant; his duties shall be,
without notice to such treasurer, to examine the State and all county
treasurers' books, accounts, and cash on hand or in bank at least
twice each year, and publish his report as to every such treasurer
once each year. For the purpose of such examination he shall take
complete possession of such treasurer's office. He shall also pre-
scribe a uniform system of bookkeeping for the use of all treasurers.
Other duties and powers may be added by law.
commissioner of LABOR.
Sec. 20. A department of labor is hereby created to be under the
control of a commissioner of labor who shall be elected by the people,
whose term of office shall be four years, and whose duties shall be pre-
scribed by law.
4292 Oklahoma— 1907.
Sec. 21. The legislature shall create a board of arbitration and con-
ciliation in the department of labor and the commissioner of labor
shall be ex officio chairman.
THE INSURANCE COMMISSIONER.
Sec. 22. There is hereby established an insurance department,
which shall be charged with the execution of all laws now in force, or
which shall hereafter be passed, in relation to insurance and insurance
companies doing business in the State.
Sec. 23. There shall be elected by the qualified electors of the State,
at the first general election, a chief officer of said department, who
shall be styled " the insurance commissioner," whose term of office
shall be four years: Provided, That the first term of the insurance
commissioner, so elected, shall expire at the time of the expiration of
the term of office of the first governor elected. Said insurance com-
missioner shall be at least 25 years of age and well versed in insurance
matters.
Sec. 24. The insurance commissioner shall give bond, perform such
duties, and possess such further qualifications as may be prescribed
by law.
chief mine inspector.
Sec. 25. The office of chief inspector of mines, oil, and gas is hereby
created, and the incumbent of said office shall be known as the chief
mine inspector. The term of said office shall be four years, and no
person shall be elected to said office unless he shall have had eight
years' actual experience as a practical miner, and such other qualifica-
tions as mav be prescribed by the legislature. The chief mine in-
spector shall perform the duties^ take the oath, and execute the bond
prescribed by the legislature.
Sec. 26. The legislature shall create mining districts and provide
for the appointment or election of assistant inspectors therein, who
shall be under the general control of the chief mine inspector, and the
legislature shall define their qualifications and duties and fix their
compensation.
commissioner or charities and corrections.
Sec. 27. A commissioner of charities and corrections shall be elected
in the same manner, at the same time, and for the same term as shall
the governor. Said officer may be of either sex, and shall be 25 years
of age or over; in all other respects said officer shall have the qualifi-
cations which shall be required of the governor.
Sec. 28. The commissioner of charities and corrections shall have
the powder, and it is hereby made his or her duty, to investigate the
entire system of public charities and corrections, to examine into the
condition and management of all prisons, jails, almshouses, reforma-
tories, reform and industrial schools, hospitals, infirmaries, dis-
pensaries, orphanages, and all public and private retreats and
asylums, which derive their support wholly or in part from the
State, or from any county or municipality within the State;
and the officers of the various institutions named herein shall
Oklahoma— 1907. 4293
promptly, upon demand, furnisli the said commissioner with such
information, relating to their respective institutions, as shall be
demanded by said commissioner, in writing. The said commis-
sioner shall have the power to summon any person to appear and
produce such books and papers as shall be designated in the sum-
mons, and to give testimony under oath concerning the matter and
institution under investigation. The said commissioner shall have
the power to administer oaths to such persons as may be sum-
moned, and to enforce all such powers as are given to notaries
public when they are taking depositions. A full report of said inves-
tigation, including the testimony, shall be promptly made to the gov-
ernor, and shall be transmitted by him to the next legislature with
any suggestions which he may desire to make.
Sec. 29. On the 1st day of October of each year, and at any time on
request of the governor, the said commissioner shall make a full and
complete report of the operations and administration of said office,
with such suggestions as said conmiissioner may deem suitable and
pertinent.
Sec. 30. The legislature shall have the power to alter, amend, or
add to the duties of, or grant additional authority to, such commis-
sioner.
BOARD or AGRICULTURE.
Sec. 31. A board of agriculture is hereby created to be composed
of 11 members, all of whom shall be farmers and shall be selected in
manner prescribed by law.
Said board shall be maintained as a part of the State government,
and shall have jurisdiction over all matters affecting animal industry
and animal quarantine regulations, and shall be the board of regents
of all State agricultural and mechanical colleges, and shall discharge
such other duties and receive such compensation as may be provided
by law.
COMMISSIONERS OF THE LAND OFFICE.
Sec. 32. The governor, secretary of state, state auditor, superin-
tendent of public instruction, and the president of the board of agri-
culture, shall constitute the commissioners of the land office, who
shall have charge of the sale, rental, disposal, and managing of the
school lands and other public lands of the State, and of the funds and
proceeds derived therefrom, under rules and regulations prescribed
by the legislature.
Sec. 33. An account shall be kept by the officers and commis-
sioners of the State of all moneys and choses in action disbursed or
otherwise disposed of severally by them, from all sources, and for
every service performed; and a report thereof shall be made semi-
annually and as often as may be required by law, to the governor
under oath. The governor may, at any time, require information in
writing, under oath, from all officers and commissioners of the State,
and all officers of State institutions, penal, eleemosynary, educational,
and industrial on any subject relating to their respective offices and
institutions; which information, when so required, shall be furnished
by such officers and managers, and any officer or manager who, at any
time, shall make a false report, shall be punished as by law provided.
7535— \oL 7—09 3:j
4294 Oklahoma— 1907.
Sec. 3i. Each of the officers in this article named shall, at stated
times, during his continuance in office, receive for his services a com-
pensation, which shall not be increased or diminished during the term
for Tshich he shall have been elected, nor shall he receive to his use,
any fees, costs, or perquisites of office or other compensation.
SEAL OF THE STATE.
Sec. 35. In the center shall be a five-pointed star, with one ray
directed upward. The center of the star shall contain the central
device of the seal of the Territory of Oklahoma, including the words,
" Labor Omnia Vincit." The upper left-hand ray shall contain the
symbol of the ancient seal of the Cherokee Nation, namely: A seven-
pointed star partially surrounded by a wreath of oak leaves. The
ray directed upward shall contain the symbol of the ancient seal of
the Chickasaw Nation, namely : An Indian warrior standing upright
with bow and shield. The lower left-hand ray shall contain the
symbol of the ancient seal of the Creek Nation, namely : A sheaf of
wheat and a plow. The upper right-hand ray shall contain the sym-
bol of the ancient seal of the Choctaw Nation, namely: A tomahawk,
bow, and three crossed arrows. The lower right-hand ray shall con-
tain the symbol of the ancient seal of the Seminole Nation, namely: A
village with houses and a factory beside a lake upon which an India?!
is paddling a canoe. Surrounding the central star and. grouped
between its rays shall be 45 small stars, divided into 5 clusters of 9
stars each, representing the 45 States of the Union, to Avhich the forty-
sixth is now added. In a circular band surrounding the whole device
shall be inscribed, " great seal of the state of Oklahoma 1907."
Article VII.
Judicial department.
Section 1. The judicial power of this State shall be vested in the
senate, sitting as a court of impeachment, a supreme court, district
courts, county courts, courts of justices of the peace, municipal courts,
and such other courts, commissions, or boards, inferior to the supreme
court, as may be established by law.
Sec. 2. The appellate jurisdiction of the supreme court shall be
coextensive with the State, and shall extend to all civil cases at law
and in equity, and to all criminal cases until a criminal court of ap-
peals with exclusive appellate jurisdiction in criminal cases shall be
established by law. The original jurisdiction of the supreme court
shall extend to a general superintending control over all inferior
courts and all commissions and boards created by law. The supreme
court shall have power to issue writs of habeas corpus, mandamus,
quo warranto, certiorari, prohibition, and such other remedial writs
as may be provided by law, and to hear and determine the same;
and the supreme court may exercise such other and further juris-
diction as may be conferred upon it by law. Each of the justices
shall have power to issue writs of habeas corpus to any ]5art of the
State upon petition by or on behalf of any person held in actual
Oklahoma— 1907. 4295
custody, and make such writs returnable before himself, or before
the supreme court, or before any district court, or judge thereof, in
the State.
Sec. 3. The supreme court shall consist of 5 justices until the
number shall be changed by law. The State shall be divided into 5
supreme court judicial districts until the legislature shall change the
number of members of the court, at which time the legislature shall
redistrict the State to conform to the number of justices of the su-
preme court. From each of said districts candidates for justice of
the supreme court shall be nominated by political parties, or by pe-
titioners of the respective districts, in the manner provided by law,
and such candidates shall be voted for by the qualified voters of the
State at large, and no elector at such election shall vote for more
than one candidate from each district. The candidate from each
district receiving the highest number of votes cast in the State at
said election shall be declared the justice elect in said district. A
majority of the members of the supreme court shall constitute a quo-
rum, and the concurrence of the majority of said court shall be nec-
essary to decide any question. No person shall be eligible to the
office of justice of the supreme court unless he shall be at the time of
his election a citizen of the United States and shall have been a resi-
dent of the territory embraced within the State for a j^eriod of two
years, and of the territory comprising the district from which he is
elected for a period of one year ; and unless he shall have attained the
age of 30 years and shall have been a lawyer licensed by some court
of record, or shall have been a judge of some court of record, or such
judge and lawyer together at least five years.
The term of office of the justices of the supreme court shall be six
years, except as herein provided. Each member of such court shall
be a conservator of the peace throughout the State; and in case of a
vacancy in the membership of said court, the governor shall, by ap-
pointment from the district, fill such vacancy until the next general
election for State officers, and at such general election the vacancy
for the unexpired term shall be filled by election by the qualified
voters of the State.
Sec. 4. The term of office of the justices of the supreme court shall
commence on the second Monday of January following their election :
Provided, however, That the term of office of the; justices elected at
the first election under this constitution shall commence upon the ad-
mission of the State.into the Union, and shall continue as hereinafter
provided. Those appointed or elected to fill vacancies shall enter
upon the discharge of their duties as soon as they qualify.
Sec. 5. The sessions of the supreme court shall be held at the seat
of government, and the sessions and duration thereof shall be fixed
by rule of said court, until fixed by the legislature ; but the first term
of the supreme court shall be held within ninety days after the admis-
sion of the State. The supreme court shall render a written opinion
in each case within six months after said case shall have been sub-
mitted for decision.
Sec. 6. At the first session of the supreme court the justices thereof
shall elect one of their number chief justice, who shall serve as chief
justice until the expiration of his term of office; thereafter the chief
justice shall be elected in the manner provided by law. Of the jus-
4296 Oklahoma— W07.
tices elected at the first election, the term of two of them shall expire
at the close of the day next preceding the second Monday in January,
1909 ; and the term of two of the others shall expire at the close of the
day next preceding the second Monday in January, 1911 ; and the
term of the other justice shall expire at the close of the day next pre-
ceding the second Monday in January, 1913. The supreme court
shall, by order duly entered in its minutes, provide the means of de-
termining by lot the expiration of the terms of each of the justices as
hereinbefore provided, and shall determine in accordance therewith,
and enter in the minutes of the court its order showing the expira-
tion of the term of each of such justices. After the first election,
justices of the supreme court shall be elected at the general biennial
election next preceding the beginning of their respective terms.
Sec. 7. There shall be elected by the qualified electors of the State
at each election for governor, a clerk of the supreme court, who shall
be at least 25 years of age and a qualified elector of the State, and
whose term shall be the same as that of the governor, and he shall
give bond for faithful performance of his duty as may be prescribed
by law.
Sec. 8. Tlie appellate and the original jurisdiction of the supreme
court shall be invoked in the manner now prescribed by the laws of
the Territory of Oklahoma until the legislature shall otherwise
provide.
Sec. 9. Until otherwise provided by law, the State shall be divided
into 21 judicial districts, and the qualified electors in each of the
said districts shall elect a judge of the district court as provided
herein, except in the thirteenth judicial district two judges shall be
elected. Such judge shall be a citizen of the United States, and shall
have been a resident of the territory embraced within the State for
tAvo years, and of the territory comprising his district at least one
3'ear, prior to his election; and he shall have been a lawyer licensed
by some court of record, or shall have been a judge of some court of
record, or both such lawyer and judge, for four years next preceding
his election, and shall reside in his district during his term of office.
The term of office of the district judge shall be four years, and at the
time of his election he shall have reached the age of 25 years. Regu-
lar terms of the district court shall be held in each organized county
of this State at least tAvice in each year. The time of convening the
district court in each county in this State, until the legislature shall
otherwise provide, and the duration of the term,. shall be fixed by the
supreme court of the State. The term of the district judges elected
at the first election shall expire on the last day next preceding the sec-
ond Monday in January, 1911, and the judges of the district court
thereafter shall be elected at the general election next preceding the
commencement of their terms of office.
In case of the illness of the judge elected in any district, or if for
any other cause he shall be unable to preside in the district in which
he was elected, the chief justice may designate any district judge in
the State to hold any term of court in said district in lieu of the
judge elected to hold the courts of said district. Whenever the pub-
lic business shall require it, the chief justice may appoint any dis-
trict judge of the State to hold court in any district, and two or
more district judges may sit in any district separately at the same
timo. In the event any judge shall be disqualified for any reason
Oklahoma— 1907. 4297
from trying any case in his district, the parties to such case may agree
upon a judge pro tempore to try the same, and if such parties can
not agree, at the request of either party a judge pro tempore may
be elected by the members of the bar of the district, present at such
term. If no election for judge pro tempore shall be had, the chief
justice of the State shall designate some other district judge to try
such case.
Sec. 10. The district court shall have original jurisdiction in all
cases, civil and criminal, except where exclusive jurisdiction is by this
constitution, or by law, conferred on some other court, and such ap-
pellate jurisdiction as may be provided in this constitution, or by
law. The district courts, or any judge thereof, shall have power to
issue writs of habeas corpus, mandamus, injunction, quo warranto,
certiorari, prohibition, and other writs, remedial or otherwise, neces-
sary or proper to carry into effect their orders, judgments, or de-
crees. The district courts shall also have the power of naturaliza-
tion in accordance with the laws of the United States.
Sec. 11. There is hereby established in each county in this State a
county court, which shall be a court of record; and, at the election
to ratify this constitution there shall be elected in each county a
county judge, who shall hold his office until the close of the day next
preceding the second Monday in January, 1911; and thereafter the
term of office of the county judge shall be two years, and he shall
be elected at each biennial general election. The county judge shall
be a qualified voter and a resident of the county at the time of his
election, and a lawyer licensed to practice in any court of record of
the State. The county judge shall be judge of the county court.
Sec. 12. The county court, coextensive with the county, shall have
original jurisdiction in all probate matters, and until otherwise pro-
vided by law, shall have concurrent jurisdiction with the district
court in civil cases in any amount not exceeding $1,000, exclusive of
interest : Provided^ That the county court shall not have jurisdiction
in any action for malicious prosecution, or in any action for divorce
or alimony, or in any action against officers for misconduct in office,
or in actions for slander or libel, or in actions for the specific per-
formance of contracts for the sale of real estate, or in any matter
wherein the title or boundaries of land may be in dispute or called
in question ; nor to order or decree the partition or sale of real estate,
not arising under its probate jurisdiction.
It shall have such appellate jurisdiction of the judgments of jus-
tices of the peace in civil and criminal cases as may be provided by
law, or in this constitution. The county court shall have jurisdiction
concurrent with justices of the peace in misdemeanor cases, and ex-
clusive jurisdiction in all misdemeanor cases of which justices of the
peace have not jurisdiction. In the absence of the judge of the dis-
trict court from the county, or in case of his disqualification for any
reason, the county court, or judge thereof, shall have power to issue
writs of injunction in matters about to be brought or pending in the
district court; and to issue writs of injunction, mandamus, and all
writs necessary to enforce the jurisdiction of the county courts; and
issue writs of habeas corpus in cases where the offense charged is
within the jurisdiction of the county court or any other court or
tribunal inferior to said court.
4298 Oklaho7na—1907.
When the county judge is disqualified in any case pending in the
county court, a judge pro tempore may be selected in the manner
provided for the selection of judges pro tempore in the district court.
Sec. 13. The county court shall have the general jurisdiction of a
probate court. It shall probate wills, appoint guardians of minors,
idiots, lunatics, persons non compos mentis, and common drunkards ;
grant letters testamentary and of administration, settle accounts of
executors, administrators, and guardians; transact all business ap-
pertaining to the estates of deceased persons, minors, idiots, lunatics,
persons non compos mentis, and common drunkards, including the
sale, settlement, partition, and distribution of f]^^ estates thereof.
The county court shall be held at the county seat. ! t the legislature
may provide for holding sessions of the county court at not more than
two additional places in the county: Provided, That alternate ses-
sions of county court in Le Flore County shall be held at Talihina.
Sec. 14. Until otherwise provided by law, the county court shall
have jurisdiction of all cases on appeals from judgments of the jus-
tices of the peace in civil and criminal cases; and in all cases, civil
and criminal, appealed from justices of the peace to such county
court, there shall be a trial de novo on questions of both law and fact.
Sec. 15. Appeals and proceedings in error sliall be taken from the
judgments of county courts direct to the supreme court, in all cases
appealed from justices of the peace, and in all criminal cases of which
the county con.rt is vested with jurisdiction, and in all civil cases
originally brought in the county court, in the same manner and by
like proceedings as appeals are taken to the supreme court from the
judgments of the district court.
Sec. 16. Until otherwise provided by law, in all cases arising under
the probate jurisdiction of the county court, appeals may be taken
from the judgments of the county court to the district court of the
county in the same manner as is now provided by the laws of the
Territory of Oklahoma for appeals from probate court to the district
court, and in all cases appealed from the county court to the district
court, the cause shall be tried de novo in the district court upon ques-
tions of both law and fact.
Sec. 17. County courts shall also have and exercise the jurisdiction
of examinincr and committing magistrates in all criminal cases.
Sec. 18. The office of justice of the peace is hereby created, and,
until otherwise provided by law, courts of justices of the peace shall
have, coextensive with the county, jurisdiction as examining and
committing magistrates in all felony cases, and shall have jurisdic-
tion, concurrent with the county court, in civil cases where the
amount involved does not exceed $200, exclusive of interest and costs,
and concurrent jurisdiction with the county court in all misdemeanor
cases in which the punishment does not exceed a fine of $200 or im-
prisonment in the county jail for not exceeding thirty days, or both
such fine and imprisonment; but justices of the peace shall in no
event have jurisdiction in actions for libel and slander. Until other-
wise provided by law, appeals shall be allowed from judgments of the
court of justices of the peace in all civil and criminal cases to the
county court to the manner now provided by the laws of the Terri-
tory of Oklahoma governing appeals from the courts of justices of
the peace to the district court. In cities of more than 2,500 inhab-
itants, two justices of the peace shall be elected.
Oklahoma— J 907. 4299
Sec. 19, All judges of courts of this State, and justices of the
peace, shall, by virtue of their office, be conservators of the peace
throughout the State.
The style of all writs and processes shall be " The State of Okla-
homa." All prosecutions shall be carried on in the name and by the
authority of the State of Oklahoma. All indictments, informations,
and complaints shall conclude, "Against the peace and dignity of the
State."
Sec. 20. In all issues of fact jointed in any court, all parties may
waive the right to have the same determined by jury; in which case
the finding of the judge, upon the facts, shall have the force and
effect of a verdict by jury.
Sec. 21. In all jury trials the jury shall return a general verdict,
and no law in force, nor any law hereafter enacted, shall require the
court to direct the jury to make findings on particular questions of
fact ; but the court may, in its discretion, direct such special findings.
judicial apportionment.
Sec. 22. The State is hereby divided into 5 supreme court judicial
districts, numbered respectively, 1 to 5, inclusive, and is subdivided
into 21 district court judicial districts, numbered respectively, 1 to
21, inclusive; and all such judicial districts shall be and remain until
changed as provided in this constitution.
Sec. 23. Of the supreme court judicial districts, number 1 shall
embrace the first, second, third, and fourth district court judicial dis-
tricts; number 2 shall embrace the fifth, sixth, seventh, and eighth
district court judicial districts; number 3 shall embrace the ninth,
tenth, eleventh, twelfth, and twenty-first district court judicial dis-
tricts; number 4 shall embrace the thirteenth, fourteenth, fifteenth,
and sixteenth district court judicial districts, and number 5 shall
embrace the seventeenth, eighteenth, nineteenth, and twentieth dis-
trict court judicial districts.
Sec. 24. Of the district court judicial districts, number 1 shall
comprise the counties of Adair, Cherokee, Delaware, and Sequoyah',
number 2, the counties of Craig, Mayes, Nowata, Ottawa, Rogers,
and Washington^ number 3, the counties of Muskogee and Wagoner;
number 4, the counties of Mcintosh and Pittsburg; number 5, the
counties of Haskell, Latimer, Le Flore, and Pushmataha; number 6,
the counties of Bryan, Choctaw, Marshall, and McCurtain ; number 7,
the counties of Atoka, Coal, Johnston, Pontotoc, and Seminole; num-
ber 8, the counties of Carter and Love; number 9, the counties of
Hughes, Creek, Okfuskee, and Okmulgee; number 10, the counties
of Lincoln and Pottawatomie; number 11, the counties of Kingfisher
and Logan ; number 12, the counties of Grant, Kay, and Noble ;
number 13, the counties of Canadian and Oklahoma, with two
judges; number 14, the counties of Cleveland, Garvin, McClain, and
Murray; number 15, the counties of Caddo, Grady, Jefferson, and
Stephens; number 16, the counties of Comanche, Jackson, and Til-
man; number 17, the counties of Blaine, Custer, Kiowa, and Wash-
ita; number 18, the counties of Beckham, Dewey, Ellis, Greer, and
Roger Mills; number 19, the counties of Beaver, Cimarron, Harjoer,
Texas, Woods, and Woodward; number 20, the counties of Alfalfa,
4300 Oklahoma— 1907.
Garfield, and Major; number 21, the counties of Osage, Payne, Paw-
nee, and Tulsa.
Sec. 25. The terms of the district court shall be held at the county
seat of the respective counties.
Akticle VIII.
Impeachment and removal from office.
Section 1. The governor and other elective State officers, including
the justices of the supreme court, shall be liable and subject to im-
peachment for wilful neglect of duty, corruption in office, habitual
drunkenness, incompetency, or any offense involving moral turpitude
committed while in office.
Sec. 2. All elective officers, not liable to impeachment, shall be sub-
ject to removal from office in such manner and for such causes as may
be provided by law.
Sec. 3. "\Mien sitting as a court of impeachment, the senate shall be
presided over by the chief justice, or if he is absent or disqualified,
then one of the associate justices of the supreme court, to be selected
by it, except in cases where all the members of said court are absent
or disqualified, or in cases of impeachment of any justice of the su-
preme court, then the senate shall elect one of its own members as a
presiding officer for such purpose. The house of representatives shall
present all impeachments.
Sec. 4. When the senate is sitting as a court of impeachment, the
senators shall be on oath, or affirmation, impartially to try the party
impeached, and no person shall be convicted without the concurrence
of two-thirds of the senators present.
Sec. 5. Judgment of impeachment shall not extend beyond removal
from office, but this shall not prevent punishment of any such officer
on charges growing out of the same matter by the courts of the State.
Sec. <J. The legislature shall pass such laws as are necessary for
carrying into effect the provisions of this article.
Article IX.
Corporations.
definition.
Section 1. As used in this article, the term " corporation " or
" company " shall include all associations and joint stock companies
having any power or privileges, not possessed by individuals, and
exclude all municipal corporations and public institutions owned or
controlled by the State ; the term " charter " shall mean the charter
of incorporation, by or under which any corporation is formed. The
term " license " shall mean the authority under which all foreign
corporations ar3 permitted to transact business in this State.
RAILROAD AND PUBLIC SERVICE CORPORATIONS.
Sec. 2. Every railroad, oil pipe, car, express, telephone or tele-
graph corporation or association organized or authorized to do a
Oklahoma— J 907. 4301
transportation or transmission business under the laws of this State
for such purpose, shall, each respectively, have the right to construct
and operate its line between any points in this State, and as such to
connect at the State line with like lines; and every such company
shall have the right with its road or line, to intersect, connect with,
or cross any railroad or such line.
Sec. 3. Every railroad, car, or express company, shall each re-
spectively receive and transport without delay or discrimination
each other's cars, loaded or empty, tonnage, and passengers, under
such rules and regulations as may be prescribed by law or any com-
mission created by this constitution or by act of the legislature, for
that purpose.
Sec. 4. All oil pipe companies shall be subject to the reasonable
control and regulation of the corporation commission, and shall re-
ceive and transport each other's tonnage or oils, or commodities,
under such rules and regulations as shall be prescribed by law, or
such commission.
Sec. 5. All telephone and telegraph lines, operated for hire, shall
each respectively, receive and transmit each other's messages without
delay or discrimination, and make physical connections with each
other's lines, under such rules and regulations as shall be prescribed
by law, or by any commission created by this constitution, or any act
of the legislature for that purpose.
Sec. 6. Eailroads heretofore constructed, or which may hereafter
be constructed in this State, are hereby declared public highways.
Every railroad or other public service corporation organized or do-
ing business in this State, under the laws or authority thereof, shall
have and maintain a public office or place in this State, for the transac-
tion of its business, wliere transfers of stock shall be made, and where
shall be kept, for inspection by the stockholders of such corporation,
books, in which shall be recorded the amount of capital stock sub-
scribed, the names of the owners of stock, the amounts owned by
them, respectively; the amount of stock paid, and by whom; the
transfer of said stock, with the date of transfer; the amount of its
assets and liabilities, and the names and places of residence of its
officers, and such other matters required by law or by order of the
corporation commission. The directors of every railroad company,
or other public service corporation, shall hold at least one meeting
annually in this State, public notice of which shall be given thirty
days previously, and the president or superintendent of every rail-
road company and other public-service corporation organized or do-
ing business in this State under the laws of this State or the au-
thority thereof, shall report annually under oath, and make such
other reports as may be required by law or order of the corporation
commission, to said commission their acts and doings, which report
shall include such matters relating to railroads and other public
service corporations as may be prescribed by law. The legislature
shall pass all necessary laws enforcing, by suitable penalties, all the
provisions in this section.
Sec. 7. The rolling stock and all other movable property belong-
ing to any railroad, transportation, transmission, or other public cor-
poration in this State, shall be considered personal property, and its
real and personal property, or any part thereof, shall be liable to
4802 Oklahoma— 1907.
execution and sale in the same manner as the property of individ-
uals ; and the legislature shall pass no laws exempting any such prop-
erty from execution and sale.
Sec. 8. No public-service corporation, or the lessees, purchasers, or
managers thereof, shall consolidate the stock, property, or franchises,
of such corporation with, or lease or purchase the works or franchises
of, or in any way control, any other public-service corporations owning
or having under its control a parallel or competing line: except by
enactment of the legislature upon the recommendation of the incor-
porated commission: Provided, however, That the legislature shall
never enact any law permitting any public-service corporation, the
lessees, purchasers, or managers thereof, when such public-service
corporation is organized under tlie laws of any other State, or of the
United States, to consolidate the stock, property, or franchises, of
such corporation with, or lease, or purchase, the works of, franchises
of, or in an}^ way control, any other public-service corporation, or-
ganized under the laws of any other State, or of the United States,
owning or having under its control in this State a parallel or com-
peting line ; nor shall any officer of such corporation act as an officer
of any other corporation owning or controlling a parallel or compet-
ing line.
Sec. 9. Neither shall any railroad company, transportation com-
pany, or transmission company organized under the laws in this
State, consolidate by private or judicial sale, or otherwise, with any
railroad company, transportation company, or transmission company
organized under the laws of any other State, or of the United States.
Sec. 10. No law shall be passed by the legislature granting the
right to construct and operate a street railroad within any city, town,
or village, or upon any public highway, without first acquiring the
consent of the local authorities having control of the street or high-
way proposed to be occupied by such street railroad.
Sec. 11. No railroad, transportation, transmission, or other public-
service corporation in existence at the time of the adoption of this
constitution, shall have the benefit of any future legislation, except
on condition of complete acceptance of all the provisions of this con-
stitution, applicable to railroads, transportation companies, trans-
mission companies, and other public service corporations: Provided,
That nothing herein shall be construed as validating any charter
which may be invalid, or having anj'^ of the conditions contained in
any charter.
Sec. 12. No railroad company shall transport, within this State,
any article or commodity manufactured, mined, or produced by it, or
under its authority, or which it may own, in whole or in part, or in
which it may have any interest direct or indirect, except such articles
or commodities as may be necessary and intended for the use in the
conduct of its business as a conunon carrier.
Sec. 13. No railroad or transportation company or transmission
company shall, directly or indirectly, issue or give any free frank or
free ticket, free pass or other free transportation, for any use, within
this State, except to its emploj^ees and their families, its officers,
agents, surgeons, physicians, and attorneys at law ; to ministers of
religion, traveling secretaries for railroad Young Men's Christian
Associations, inmates of hospitals and charitable and eleemosynary
institutions and persons exclusively engaged in charitable and elee-
Oklahoma— 1907. 4303
mosynary work; to indigent, destitute and homeless persons, and to
such persons when transported by charitable societies or hospitals,
and the necessary agents, employed in such transportations; to in-
mates of the National Homes or State Homes for Disabled Volunteer
Soldiers, and of soldiers' and sailors' homes, including those about to
enter and those returning home after discharge, and boards of mana-
gers of such homes; to members of volunteer fire departments and
their equipage while traveling as such ; to necessary caretakers of live
ftock, poultry, and fruit; to employees of sleeping cars, of express
cars, and to linemen of telegraph and telephone companies; to rail-
way mail service employees, post-ofRce inspectors, customs inspectors,
and immigration inspectors; to newsboys on trains, baggage agents,
witnesses attending any legal investigation in which the railroad com-
pany or transportation company is interested, persons injured in
wrecks, and physicians and nurses attending such persons : Provided,
That this provision shall not be construed to prohibit the interchange
of passes for the officers, agents, and employees of common carriers
and their families ; nor to prohibit any common carriers from carry-
ing passengers free with the object of providing relief in ca^es of gen-
eral epidemic, pestilence, or other calamitous visitation; nor to pre-
vent them from transporting, free of charge, to their places of em-
ployment persons entering their service, and the interchange of passes
to that end; and any railroad, transportation, or transmission com-
pany or any person, other than the persons excepted in this provision,
who grants or uses any such free frank, free ticket, free pass, or free
transportation within this State, shall be deemed guilty of a crime,
and the legislature shall provide proper penalties for the violation
of any provision of this section by the railroad or transportation or
transmission company, or by any individual : Pro vided, That nothing
herein shall prevent the legislature from extending these provisions
so as to exclude such free transportations or franks from other
persons.
Sec. 14. No railroad hereafter constructed in this State shall pass
within a distance of 4 miles of any county seat without passing
through the same and establishing and maintaining a depot therein,
unless prevented by natural obstacles such as streams, hills, or moun-
tains: Provided, Such town, or its citizens, shall grant the right of
way through its limits and sufficient ground for ordinary depot
purposes.
CORPORATION COMMISSION".
Sec. 15. A corporation commission is hereby created, to be com-
posed of three persons, who shall be elected by the people at a general
election for State officers, and their terms of office shall be six years :
Provided, Corporation commissioners first elected under this con-
stitution shall hold office as follows: I shall serve until the second
Monday in January, 1909; 1 until the second Monday in January,
1911 ; and 1 until the second Monday in January, 1913 ; their terms
to be decided by lot immediately after they shall have qualified. In
case of a vacancy in said office, the governor of the State shall fill
such vacancy by appointment until the next general election, when a
successor shall be elected to fill out any unexpired term.
4304 Oklahoma— 1907.
Sec. 16. The qualifications of such commissioners sliall be as fol-
lows: To be resident citizens of this State for over two years next
preceding the election, and qualified voters under the constitution
and laws, and not less than 30 years of age; nor shall such commis-
t'ioners, or either of them, be, directly or indirectly, interested in any
railroad, street railway, traction line, canal, steamboat, pipe line,
car line, sleeping-car line, car association, express line, telephone
or telegraph line, operated for hire, in this State, or out of it, or any
stock, bond, mortgage, security, or earnings of any such railroad,
street railway, traction line, canal, steamboat, pipe line, car line,
sleeping-car line, car association, express line, telephone or tele-
graph line, compress or elevator companies; and if such commis-
sioner shall voluntarily become so interested, his office shall become
vacant; and if any corporation commissioner shall become so inter-
ested otherwise than voluntarily, he shall, within a reasonable time,
divest himself of such interest ; and failing to do this, his office shall
become vacant. Nor shall any such commissioner hold any other
office under the Government of the United States, or of this State
or any other State government, and shall not, while such commis-
sioner, engage in any occupation or business inconsistent with his
duties as such commissioner.
Sec. 17. Before entering upon the duties of his office each of said
commissioners shall take and subscribe to the oath of office as pre-
scribed in this constitution and shall, in addition thereto, swear that
he is not, directly or indirectly, interested in any railroad, street rail-
way, traction line, canal, steamboat, pipe line, car line, sleeping-car
line, car association, express line, telephone or telegraph line, nor in
the bonds, stocks, mortgages, securities, contract, or earnings of any
railroad, street railway, traction line, canal, steamboat, pipe line,
car line, sleeping-car line, car association, express line, telephone or
telegraph line ; and that he will, to the best of his ability, faithfully
and justly execute and enforce the provisions of this constitution,
and all the laws of this State concerning railroads, street railways,
traction lines, canals, steamboats, pipe lines, car lines, sleeping-car
lines, car associations, express lines, telephone and telegraph lines,
compress and elevator companies, and all other corporations over
which said commission has jurisdiction, which oath shall be filed
with the secretary of state.
Sec. 18. Tlie commission shall have the power and authority and
be charged with the duty of supervising, regulating, and controlling
all transportation and transmission companies doing business in this
State, in all matters relating to the performance of their public
duties and their charges therefor, and of correcting abuses and
preventing unjust discrimination and extortion by such companies;
and to that end the commission shall, from time to time, prescribe
and enforce against such companies, in the manner hereinafter
authorized, such rates, charges, classifications of traffic, and rules
and regulations, and shall require them to establish and maintain
all such public service, facilities, and conveniences as may be rea-
sonable and just, which said rates, charges, classifications, rules,
regulations, and requirements, the commission may, from time to
time, alter or amend. All rates, charges, classifications, rules and
regulations adopted, or acted upon, by any such company, inconsist-
ent with those prescribed by the commission, within the scope of
Oklahoma— 1907. 4305
its authority, shall be unlawful and void. The commission shall
also have the right, at all times, to inspect the books and papers of
all transportation and transmission companies doing business in
this State, and to require from such companies, from time to time,
special reports and statements, under oath, concerning their busi-
ness; it shall keep itself fully informed of the physical condition of
all the railroads of the State, as to the manner in which they are
operated, with reference to the security and accommodation of the
public, and shall, from time to time, make and enforce such require-
ments, rules, and regulations as may be necessary to prevent unjust
or unreasonable discrimination and extortion by any transportation
or transmission company in favor of, or against any person, locality,
community, connecting line, or kind of traffic, in the matter of car
service, train or boat schedule, efficiency of transportation, or trans-
mission, or otherwise, in connection with the public duties of such
company. Before the commission shall prescribe or fix any rate,
charge, or classification of traffic, and before it shall make any order,
rule, regulation, or requirement directed against any one or more
companies by name, the company or companies to be affected by
such -'fate, charge, classification, order, rule, regulation, or requife-
menf^'^shall first be given, by the commission, at least ten days' notice
of th^ time and place when and where the contemplated action in
the premises Avill be considered and disposed of, and shall be afforded
a reasonable opportunity to introduce evidence and to be heard
thereon, to the end that justice may be done, and shall have process
to enforce the attendance of witnesses; and before said commission
shall make or prescribe any general order, rule, regulation, or re-
quirement, not directed against any specific company or companies
by name, the contemplated general order, rule, regulation, or require-
ment shall first be published in substance, not less than once a Aveek,
for four consecutive weeks, in one or more of the newspapers of
general circulation published in the county in which the capitol
of this State may be located, together with the notice of the time
and place, when and where the commission will hear any objections
which may be urged by any person interested, against the proposed
order, rule, regulation, or requirement; and every such general order,
rule, regulation, or requirement, made by the commission, shall be
published at length, for the time and in the manner above specified,
before it shall go into effect, and shall also, so long as it remains
in force, be published in each subsequent annual report of the com-
mission. The authority of the commission (subject to review on
appeal as hereinafter provided) to prescribe rates, charges, and clas-
sifications of traffic, for transportation and transmission companies,
shall, subject to regulation by law, be paramount; but its authority
to prescribe any other rules, regulations or requirements for corpo-
rations or other persons shall be subject to the superior authority of
the legislature to legislate thereon by general laws: Provided, /wiv-
ever, That nothing in this section shall impair the rights which
have heretofore been, or may hereafter be, conferred by law upon
the authorities of any city, town, or county to prescribe rules, regu-
lations, or rates of charges to be observed by any public-service cor-
poration in connection with any services performed by it under a
municipal or county franchise granted by such city, town, or county,
SO far as such services may be wholly within the limits of the city,.
4306 Oklahoma— 1907.
town, or county granting the franchise. Upon the request of the
parties interested, it shall be the duty of the commission, as far as
possible, to effect, by mediation, the adjustment of claims, and the
settlement of controversies between transportation or transmission
companies and their patrons or employees.
Sec. 18a. The corporation commission shall organize by electing
one of its members chairman and appointing a secretary, whose sal-
ary shall be fixed by the legislature. A majority of said commission
shall constitute a quorum, and the concurrence of the majority of
said commission shall be necessary to decide any question.
Sec. ISb. As used in this article, the term ^' company " shall in-
clude associations and joint stock companies having any power or
])rivileges not possessed by individuals, and include all corporations
except municipal corporations and public institutions owned or con-
trolled by the State.
Sec. 19. In all matters pertaining to the public visitation, regula-
tion, or control of corporations, and within the jurisdiction of the
commission, it shall have the powers and authority of a court of
record to administer oaths, to compel the attendance of witnesses,
and the production of papers, to punish for contempt any person
guilty of disrespectful or disorderly conduct in the presence of the
commission while in session, and to enforce compliance with any. of
its lawful orders or requirements by adjudging, and by enforcing its
own appropriate process, against the delinquent or offending party or
company (after it shall have been first duly cited, proceeded against
by due process of law before the commission sitting as a court, and
afforded opportunity to introduce evidence and to be heard, as well as
against the validity, justness, or reasonableness of the order or re-
quirement alleged to have been violated, as against the liability of the
company for the alleged violation) such fines or other penalties as
may be prescribed or authorized by this constitution or by law. The
commission may be vested with such additional powers, and charged
with such other duties (not inconsistent with this constitution) as
may be prescribed by law, in connection with the visitation, regula-
tion, or control of corporations, or with the prescribing and enforcing
of rates and charges to be observed in the conduct of any business
where the State has the right to prescribe the rates and charges in
connection therewith, or with the assessment of the property of cor-
porations, or the appraisement of their franchises, for taxation, or
with the investigation of the subject of taxation generally. Any
corporation failing or refusing to obey any valid order or require-
ment of the commission, within reasonable time, not less than ten
clays, as shall be fixed in the order, may be fined by the commission
(proceeding by due process of law as aforesaid) such sum, not ex-
ceeding $500. as the commission may deem proper, or such sum, in
excess of $500, as may be prescribed or authorized by law; and each
day's continuance of such failure or refusal, after due service upon
such corporation of the order or requirement of the commission,
shall be a separate offense: Provided, That should the operation of
such order or requirement be suspended, pending any appeal there-
from, the period of such suspension shall not be computed against
the company in the matter of its liability to fines or penalties.
Sec. 20. From any action of the commission prescribing rates,
charges, or classifications of traffic, or affecting the train schedule of
Oklahoma— 1907. 4307
any transportation company, or requiring additional facilities, con-
veniences, or public i^ervice of any transportation or transmission
company, or refusing to approve a. suspending bond, or requiring
additional security thereon or an increase thereof, as hereinafter pro-
vided for, an appeal (subject to such reasonable limitations as to
time, regulations as to procedure and provisions as to cost, as may be
prescribed by law) may be taken by the corporation whose rates,
charges, or classifications of traffic, schedule, facilities, conveniences,
or service, are affected, or by any person deeming himself aggrieved
by such action, or (if allowed by law) by the State. Until otherwise
provided by law, such appeal shall be taken in the manner in which
appeals may be taken to the supreme court from the district courts,
-except that such an appeal shall be of right, and the supreme court
may provide by rule for proceedings in the matter of appeals in any
particular in which the existing rules of law are inapplicable. If
such appeal be taken by the corporation whose rates, charges, or
classifications of traffic, schedules, facilities, conveniences, or service
are affected, the State shall be made the appellee; but, in the other
cases mentioned, the corporation so affected shall be made the appel-
lee. The legislature may also, by general laws, provide for appeals
from any other action of the commission, by the State, or by any per-
son interested, irrespective of the amount involved. All appeals from
the commission shall be to the supreme court only, and in all appeals
to Avhich the State is a party, it shall be represented by the attorney-
general or his appointed representative. No court of this State
(except the supreme court, by way of appeals as herein authorized)
shall have jurisdiction to review, reverse, correct, or annul any action
of the commission within the scope of its authority, or to suspend
or delay the execution or operation thereof, or to enjoin, restrain, or
interfere with the commission in the performance of its official duties :
Provided, however, That the writs of mandamus and prohibition
shall lie from the supreme court to the commission in all cases where
such writs, respectively, would lie to any inferior court or officer.
Sec. 21. Upon the granting of an appeal, a writ of supersedeas
may be awarded by the supreme court, suspending the operation of
the action appealed from until the final disposition of the aj)peal;
but, prior to the final reversal thereof by the supreme court, no action
of the commission prescribing or affecting the rates, charges, or classi-
fications of traffic of any transportation or transmission company
shall b3 delayed, or suspended, in its operation, by reason of any ap-
peal by such corporation, or by reason of any proceeding resulting
from such appeal, until a suspending bond shall first have been exe-
cuted and filed with, and approved by the commission (or approved,
on review, by the supreme court) , payable to the State, and sufficient
in amount and security to insure the prompt refunding, by the ap-
pealing corporation to the parties entitled thereto, of all charges
which such company may collect or receive, pending the appeal, in ex-
cess of those fixed, or authorized, by the final decision of the court on
appeal. The commission, upon the execution of such bond, shall
forthwith require the appealing company, under penalty of the im-
mediate enforcement (pending the appeal and notwithstanding and
supersedeas), of the order or requirement appealed from, to keep
such accounts, and to make the commission, from time to time,
such reports, verified by oath, as may, in the judgment of the com-
4308 Oklahoma— 1907.
mission, suffice to show the amounts being charged or received by
the company, pending the appeal, in excess of the charge allowed
by the action of the commission appealed from, together with the
names and addresses of the persons to whom such overcharges
will be refundable in case the charges made by the company, pend-
ing the appeal, be not sustained on such appeal; and the commis-
sion shall also, from time to time, require such company, under
like penalty, to give additional security on, or to increase the said
suspending bond, whenever, in the opinion of the commission, the
same may be necessary to insure the prompt refunding of the over-
charges aforesaid. Upon the final decision of such appeal, all
amounts which the appealing company may have collected, pend-
ing the appeal, in excess of that authorized by such final decision,
shall be promptly refunded by the comjjany to the parties entitled
thereto, in such manner and through such methods of distribution
as may be prescribed by the commission, or b}^ law. All such ap-
peals, affecting rates, charges, or classifications of traffic, shall have
precedence upon the docket of the supreme court, and shall be heard
and disposed of promptly by the court, irrespective of its place of
session, next after the habeas corpus, and State cases already on the
docket of the court.
Sec. 22. In no case of appeal from the commission shall any new
or additional evidence be introduced in the supreme court; but the
chairman of the commission, under the seal of the commission, shall
certify to the supreme court all the facts upon which the action ap-
pealed from was based and which may be essential for the proper
decision of the appeal, together with such of the evidence introduced
before, or considered by, the commission as may be selected, specified,
and required to be certified, by any party in interest, as well as such
other evidence, so introduced or considered as the commission may
deem proper to certify. The commission shall, whenever an appeal
is taken therefrom, file with the record of the case, and as a part
thereof, a written statement of the reasons upon which the action
appealed from was based, and silch statement shall be read and con-
sidered by the supreme court, upon disposing of the appeal. The
supreme court shall have jurisdiction, on sucli appeal, to consider and
determine the reasonableness and justness of the action of the com-
mission appealed from, as well as any other matter arising under such
appeal: Provided^ however^ That the action of the commission ap-
pealed from shall be regarded as prima facie just, reasonable, and
correct; but the court may, when it deems necessary, in the interest of
justice, remand to the commission any case pending on appeal, and
require the same to be further investigated by the commission, and
reported upon to the court (together with a certificate of such addi-
tional evidence as may be tendered before the commission by any
party in interest), before the appeal is finally decided.
Sec. 23. Whenever the court, upon appeal, shall reverse an order of
the commission affecting the rates, charges, or the classifications of
traffic of any transportation or transmission company, it shall, at the
same time, substitute therefor such orders as, in its opinion, the com-
mission should have made at the time of entering the order appealed
from; otherAvise the reversal order shall not be valid. Such sub-
stituted order shall have the same force and effect (and none other)
as if it had been entered by the commission at the time the original
Oklahoma— 1907. 4309
order appealed from was entered. The right of the commission to
prescribe and enforce rates, charges, classifications, rules and regula-
tions affecting any or all actions of the commission theretofore entered
by it and appealed from, but based upon circumstances or conditions
different from those existing at the time the order appealed from was
made, shall not be suspended or impaired by reason of the pendency
of such appeal ; but no order of the commission, prescribing or alter-
ing such rates, charges, classifications, rules, or regulations, shall be
retroactive.
Sec. 24. The right of any person to institute and prosecute in the
ordinary courts of justice, any action, suit, or motion against any
transportation or transmission company for any claim or cause of
action against such company, shall not be extinguished or impaired,
by reason of any fine or other penalty which the commission may
impose, or be authorized to impose, upon such company because
of its breach of any public duty, or because of its failure to com-
ply with any order or requirement of the commission; but, in
no such proceeding by any person against such corporation, nor in
any collateral proceeding shall the reasonableness, justness, or va-
lidity of any rate, charge, classification of traffic, rule, regulation, or
requirement, theretofore prescribed by the commission, within the
scope of its authority, and then in force, be questioned. Provided,
however, That no case based upon or involving any order of the
commission shall be heard or disposed of, against the objection of
either party, so long as such order is suspended in its operation by
an order of the supreme court as authorized by this constitution or
by any law passed in pursuance thereof.
Sec. 25. The commission shall make annual reports to the governor
of its proceedings, in which reports it shall recommend, from time to
time, such new or additional legislation in reference to its powers or
duties, or the creation, supervision, regulation, or control of corpora-
tions, or to the subject of taxation, as it may deem wise or expe-
dient, or as may be required by law.
Sec. 26. It shall be the duty of each and every railway company,
subject to the provisions herein, to provide and maintain adequate,
comfortable, and clean depots, and depot buildings, at its several
stations, for the accommodation of passengers, and said depot build-
ings shall be kept well lighted and warmed for the comfort and
accommodation of the traveling public; and all such roads shall
keep and maintain adequate and suitable freight depots and build-
ings for the receiving, handling, storing, and delivering of all
freight handled by such roads.
Sec. 27. In case any railroad company shall hereafter seek to
cross at grade with its track or tracks, the track or tracks of another
railroad, the railroad seeking to cross at grade, within a reasonable
time, shall be compelled to interlock or protect such crossings by
safety devices, to be designated by the commission, and all costs of
appliance, together with the expenses of putting them in, shall be
borne equally by each company: Provided, That this act shall not
apply to crossings of sidetracks.
Sec. 28. The commissioners, or either of them, or such persons as
they ma}' employ therefor, shall have the right, at such times as they
may deem necessary, to inspect the books and papers of any railroad
company or other public-service corporation, and to examine, under
7535— VOL 7—09 34
4310 Oklahoma— 1907.
oath, any officer, agent, or employee of such corporation in relation
to the business and affairs of the same. If any railroad company or
other public-service corporation shall refuse to permit the commis-
sioners, or either of them, or any person authorized thereto, to ex-
amine its books and papers, such railroad company or other public-
service corporation shall, until otherwise provided by law, for each
offense, j^ay to the State of Oklahoma not less than $125, nor more
than $500, for each day it shall so fail or refuse, and the officer or
other person so refusing shall be punished as the law shall prescribe.
Sec. 29. The commission shall ascertain, and enter of record, the
same to be a public record, as early as practicable, the amount of
money expended in construction and equipment per mile of every
railroad and other public-service corporation in Oklahoma, the
amount of money expended to procure the right of way, and the
amount of money it M'ould require to reconstruct the roadbed, track,
depots, and transportation facilities, and to replace all the physical
properties belonging to the railroad or other public-service corpora-
tion. It shall also ascertain the outstanding bonds, debentures, and
indebtedness, and the amount, respectively, thereof, when issued,
and rate of interest, when due, for what purposes issued, how used,
to whom issued, to whom sold, and the price in cash, property, or
labor, if any, received therefor, what became of the proceeds, by
Avhom the indebtedness is held, the amount purporting to be due
thereon, the floating indebtedness of the company, to whom due, and
his address, the credits due on it, the property on hand belonging to
the rai-lroad company or other public-service corporation, and the
judicial or other sales of said road, its property or franchises, and
the amounts purporting to have been paid, and in what manner paid
tiierefor. The commission shall also ascertain the amounts paid for
salaries to the officers of the railroad, or other public-service cor-
j^oration, and the wages paid its employees. For the purpose in
this section named, the commission may employ experts to assist
them when needed, and from time to time, as the information re-
quired by this section is obtained, it shall communicate the same to
the attorney-general by report, and file a duplicate thereof with the
state examiner and inspector for public use, and said information
shall be printed, from time to time, in the annual report of the
commission.
Sec. 30. No transportation or transmission company shall charge
or receive any greater compensation, in the aggregate, for transport-
ing the same class of passengers or property, or for transmitting the
same class of messages, over a shorter than a longer distance, along
the same line and in the same direction — the shorter being included
in the longer distance; but this section shall not be construed as
authorizing any such company to charge or receive as great com-
pensation for a shorter as for a longer distance. The commission
may, from time to time, authorize any such company to disregard the
foregoing provisions of this section, by charging such rates as the
commission may prescribe as just and equitable between such com-
pany and the public, to or from any junctional or competitive points
or localities, or where the competition of points located without this
State may make necessary the prescribing of special rates for the
protection of the commerce of this State; but this section shall not
Oklahoma— 1907. 4311
apply to mileage tickets, or to any special excursion, or commutation
rates, or to special rates for services rendered to this State, or to the
United States, or in the interest of some public object, when such
tickets or rates shall have been prescribed or authorized by the com-
mission.
Sec. 31. No railroad, oil pipe line, telephone, telegraph, express or
car corporation organized under the laws of any other State, or of
the United States, and doing business, or proposing to do business
in this State, shall' be entitled to the benefit of the right of eminent
domain in this State until it shall have become a body corporate pur-
suant to or in accordance with the laAvs of this State.
Sec. 32. The said commission shall have power, and it is hereby
made its duty, to investigate all through freight or passenger rates
on railroads in this State, and when the same are, in the opinion of
the commission, excessive or levied or laid in violation of the inter-
state commerce law, or the rules and regulations of the Interstate
Commerce Commission, the proper officials of the railroads are to be
notified of the facts and requested to reduce them or make the proper
corrections, as the case may be. When the rates are not changed, or
the proper corrections are not made according to the request of the
commission, it shall be the duty of the latter to notify the Interstate
Commerce Commission and to make proper application to it for
relief, and the attorney-general or such other persons as may be
designated by law shall represent the commission in all such matters.
Sec. 33. Any person, firm, or corporation owning or operating any
coal, lead, iron, or zinc mine, or any sawmill, grain elevator, or other
industry, whenever the commission shall reasonably determine that
the amount of business is sufficient to justify the same, near or within
a reasonable distance of any track, may, at the expense of such per-
son, firms, or corporation build and keep in repair a switch leading
from such railroad to such mine, sawmill, elevator or other industry ;
such railroad company shall be required to furnish t*he switch stand
and frog and other necessary material for making connection with
such sidetrack or spur under such reasonable terms, conditions, and
regulations as the said commission may prescribe, and shall make
connection therewith. The party owning such line, sawmill, elevator,
or other industry shall pay the actual cost thereof. If any railroad
company, after proper demand therefor is made, shall refuse to fur-
nish said material for making said connection and put the same in
place, or after the building of such switch, shall fail or refuse to
operate the same, such railroad company failing and refusing for
a reasonable time, shall forfeit and pay to the party or corporation
aggrieved, the sum of $500 for each and every offense, to be recovered
by civil action in any court of competent jurisdiction ; and every day
of such refusal on the part of the railroad company to operate such
switch as aforesaid, after such demand is made, shall be deemed a
separate offense.
Sec. 34. As used in this article, the term " transportation com-
pany " shall include any company, corporation, trustee, receiver, or
any other person owning, leasing, or operating for hire a railroad,
street railway, canal, steamboat line, and also any freight car com-
pany, car association, express company, sleeping-car company, car
corporation, or company, trustee or person in any way engaged in
4312 Oklahoma — 1907.
such business as a common carrier over a route acquired in whoje
or in part under the right of eminent domain, or under any grant
from the Government of the United States ; the term " rate " shall
be construed to mean rate of charge for any service rendered, or to
be rendered ; the terms " rate," " charge," and " regulation," shall
include joint rates, joint charges, and joint regulations, respectively;
the term " transmission company " shall include any company, re-
ceiver or other person, owning, leasing, or operating for hire any
telegraph or telephone line ; the term " freight " shall be construed
to mean any property transported or received for transportation by
any transportation company. The term " public-service corpora-
tion " shall include all transportation and transmission companies,
all gas, electric light, heat and power companies, and all persons au-
thorized to exercise the right of eminent domain, or to use or oc-
cupy any right of way, street, alley, or public highway, whether
along, over, or under the same, in a manner not permitted to the
general public; the term "person" as used in this article, shall in-
clude individuals, partnerships and corporations in the singular as
well as plural number; the term "bond" shall mean all certificates
or written evidences of indebtedness issued by any corporation and
secured by mortgage or trust deed. The term " frank " shall mean
any writing or token issued by or under authority of a transmission
company, entitling the holder to any service from such company
free of charge.
The provisions of this article shall always be so restricted in their
application as not to conflict with any of the provisions of the Con-
stitution of the United States, and as if the necessary limitations upon
their interpretation had been herein expressed in each case.
Sec. 35. After the second Monday in January, 1909, the legislaturt,
may, by law, from time to time, alter, amend, revise, or repeal sections
from 18 to 34, inclusive, of this article, or any of them, or any amend-
ments thereof: Pr^orided, That no amendment made under authority
of this section shall controvene the provisions of any part of this con-
stitution other than the said sections last above referred to or any
such amendments thereof.
FELLOWSERVANTS.
Sec. 36. The common law doctrine of the fellow-servant, so far as
it affects the liability of the master for injuries to his servant, result-
ing from the acts or omissions of any other servant or servants of the
common master, is abrogated as to every employee of every railroad
company and every street railway company or interurban railway
company, and of every person, firm, or corporation engaged in mining
in this State; and every such employee shall have the same right to
recover for every injury suffered by him for the acts or omissions of
any other emplo^^ee or employees of the common master that a servant
would have if such acts or omissions were those of the master himself
in the performance of a nonassignable duty; and when death, whether
instantaneous or not, results to such employee from any injury for
which he could have recovered under the above provisions, had not
death occurred, then his legal or personal representative, surviving
consort, or relatives, or any trustee, curator, committee, or guardian of
Oklaho7na—J907. 4313
such consort, or relatives, shall have the same rights and remedies
with respect thereto, as if death had been caused by the negli,^ence
of the master. And every railroad company and every street railway
company or interurban railway company, and every person, firm, or
corporation engaged in underground mining in this State shall be
liable under this section for the acts of his or its receivers.
Nothing contained in this section shall restrict the power of the
legislature to extend to the employees of any person, firm, or corpora-
tion the rights and remedies herein provided for.
PASSENGER FARE.
Sec. 37. No person, company, or corporation, receiver, or other
agency, operating a railroad, other than street railroad or electric
railroad, in whole or in part, within this State, shall demand or
receive for first-class transportation for each passenger, between
points within this State on the portion of its road operated within
this State, more than 2 cents per mile, until otherwise provided by
law: Provided, however, The corporation commission shall have the
power to exempt any railroad from the operation of this section upon
satisfactory proof that it can not earn a just compensation for the
services rendered by it to the public, if not permitted to charge more
than 2 cents per mile for the transportation of passengers within the
State.
PRIVATE CORPORATIONS.
Sec. 38. No private corporation shall be created nor foreign cor-
poration licensed to conduct business in the State, except by general
law.
Sec. 39. No corporation shall issue stock except for money, labor
done, or property actually received to the amount of the par value
thereof, and all fictitious increase of stock or indebtedness shall be
void, and the legislature shall prescribe the necessary regulations to
prevent the issue of fictitious stock or indebtedness. The stock and
bonded indebtedness of corporations shall not be increased except
in pursuance of general law, nor without the consent of the persons
holding the larger amount in value of the stock first obtained at a
meeting to be held after thirty days' notice given in pursuance of
law.
Sec. 40. No corporation organized or doing business in this State
shall be permitted to influence elections or official duty by contribu-
tions of money or anything of value.
Sec. 41. No corporation chartered or licensed to do business in
this State shall own, hold, or control, in any manner whatever, the
stock of any competitive corporation or corporations engaged in the
same kind of business, in or out of the State, except such stock as may
be pledged in good faith to secure bona fide indebtedness acquired
upon foreclosure, execution sale, or otherwise for the satisfaction of
debt. In all cases where any corporation acquires stock in any other
corporation, as herein provided, it shall be required to dispose of the
same within twelve months from the date of acquisition ; and during
the period of its ownership of such stock it shall have no right to
4314 Oklahoma— 1907.
participate in the control of such corporation, except when permitted
by order of the corporation commission. No trust company, or banlv,
or baking comjjany shall own, hold, or control, in any manner
whatever, the stock of any other trust company, or bank or banking
company, except such stock as may be pledged in good faith to
secure bona fide indebtedness, acquired upon foreclosure, execution
sale, or otherwise for the satisfaction of debt; and such stock shall
be disposed of in the time and manner hereinbefore provided.
Sec. 42. Every license issued or charter granted to a mining or
public service corporation, foreign or domestic, shall contain a stip-
ulation that such corporation will submit any difference it may have
with employees in reference to labor, to arbitration, as shall be pro-
vided by law.
Sec. 43. No corporation, foreign or domestic, shall be permitted
to do business in this State without first filing in the office of the
corporation commission a list of its stockholders, officers, and direct-
ors, with the residence and post office address of, and the amount
of stock held by each. And every foreign corporation shall, before
being licensed to do business in the State, designate an agent residing
in the State; and service of summons or legal notice may be had on
such designated agent and such other agents as now are or may here-
after be provided for by law. Suit may be maintained against a for-
eign corporation in the county where an agent of such corporations
may be found, or in the county of the residence of plaintiff', or in the
county where the cause of action may arise.
Sec. 44. No foreign corporation shall be authorized to carry on
in this State any business which a domestic corporation is prohibited
from doing, or be relieved from compliance Avith any of the require-
ments made of a similar domestic corporation by the constitution or
laws of the State. Nothing in this article, however, shall restrict
or limit the power of the legislature to impose conditions under
which foreign corporations may be licensed to do business in this
State.
Sec. 45. Until otherwise provided by law, no person, firm, asso-
ciation, or corporation engaged in the production, manufacture, dis-
tribution, or sale of any commodity of general use, shall, for the pur-
pose of creating a monopoly or destroying competition in trade, dis-
criminate between different persons, associations, or corporations,
or different sections, communities, or cities of the State, by selling
such commodity at a lower rate in one section, community, or city
than in another, after making due allowance for the difference, if
any, in the grade, quantity, or quality, and in the actual cost of trans-
portation from the point of production or manufacture.
Sec. 46. All existing charters or grants of special or exclusive
privileges under which a bona fide organization shall not have taken
place and business commenced in good faith at the time this con-
stitution becomes effective, shall thereafter have no validity.
Sec. 47. The legislature shall have power to alter, amend, annul,
revoke, or repeal any charter of incorporation or franchise now ex-
isting and subject to be altered, amended, annulled, revoked, or re-
pealed at the time of the adoption of this constitution, or any that
may be hereafter created, whenever in its opinion it may be injurious
to the citizens of this State, in such manner, however, that no in-
justice shall be done to the incorporators.
Oklahoma— 1907. 4315
Sec. 48. The legislature shall provide such j^enalties and regu-
lations as may be necessary for the proper enforcement of the pro-
visions of this article.
Article X.
REVENUE AND TAXATION.
Section 1. The fiscal year shall commence on the 1st da}'^ of July in
each year, unless otherwise provided by law.
Sec. 2. The legislature shall provide by law for an annual tax
sufficient, with other resources, to defray the estimated ordinary ex-
penses of the State for each fiscal year.
Sec. 3. Whenever the expenses of any fiscal year shall exceed the
income, the legislature may provide for levying a tax for the ensuing
fiscal year, which, with other resources, shall be sufficient to pay the
deficiency, as well as the estimated ordinary expenses of the State for
the ensuing j^ear.
Sec. 4. For the purpose of paying the State debt, if any, the legisla-
ture shall provide for levying a tax, annually, sufficient to pay the
annual interest and principal of such debt within 25 years from the
final passage of the law creating the debt.
Sec. 5. The power of taxation shall never be surrendered, sus-
pended, or contracted awa3\ Taxes shall be uniform upon the same
class of subjects.
Sec. 6. All property used for free public libraries, free museums,
public cemeteries, property used exclusively for schools, colleges,
and all pro^Dcrty used exclusively for religious and charitable pur-
poses, and all property of the United States, and of this State, and
of counties and of municipalities of this State ; household goods of the
heads of families, tools, implements, and live stock employed in the
support of the family, not exceeding $100 in value, and all growing
crops, shall be exempt from taxation : Provided, That all property
not herein specified now exempt from taxation under the laws of the
Territory of Oklahoma, shall be exempt from taxation until otherwise
provided by law: And provided further, That there shall be exempt
from taxation to all ex-Union and exConfederate soldiers, bona fide
residents of this State, and to all widows of ex-Union and ex-Con-
federate soldiers, who are heads of families and bona fide residents
of this State, personal property not exceeding $200 in value.
All property owned by the Murrow Indian Orphan Home, located
in Coal County, and all property owned by the AVhittaker Orphan
Home, located in Mayes County, so long as the same shall be used
exclusively as free homes or schools for orphan children, and for poor
and indigent persons, and all fraternal orphan homes, and other
orphan homes, together with all their charitable funds, shall be ex--
empt from taxation, and such property as may be exempt ))y reason
of treaty stipulations, existing between the Indians and the United
States Government, or by Federal laws, during the force and effect of
such treaties or Federal laws. The legislature may authorize any
incorporated city or town, by a majority vote of its electors voting
thereon, to exempt manufacturing establishments and public utilities
from municipal taxation, for a period not exceeding five years, as an
inducement to their location.
4316 Oklahoma— 1907.
Sec. 7. The legislature may authorize county and municipal cor-
porations to levy and collect assessments for local improvements
upon property benefited thereby, homesteads included, without re-
gard to a cash valuation.
Sec. 8. All property which may be taxed advalorem shall be
assessed for taxation at its fair cash value, estimated at the price it
would bring at a fair voluntary sale; and any officer or other person
authorized to assess values, or subjects, for taxation, who shall
commit any wilful error in the performance of his duty, shall be
deemed guilty of malfeasance, and upon conviction thereof shall
forfeit his office, and be otherwise punished as may be provided by
law.
Sec. 9. Except as herein otherwise provided, the total taxes, on an
advalorem basis, for all purposes, State, county, township, city, or
town, and school district taxes, shall not exceed in any one year 31^
mills on the dollar, to be divided as follows :
State levy, not more than 3^ mills; county levy, not more than 8
mills: Provided^ That any county may levy not exceeding 2 mills
additional for county high school and aid to the common schools of
the county, not over 1 mill of which shall be for such high school,
and the aid to said common schools shall be apportioned as provided
by law; township levj^, not more than 5 mills; city or town levy,
not more than 10 mills ; school district levy^ not more than 5 mills on
the dollar for school district purposes, for support of common school ;
Provided, That the aforesaid annual rate for school purposes may be
increased by any school district by an amount not to exceed 10 mills
on the dollar valuation, on condition that a majority of the voters
thereof voting at an election vote for said increase.
Sec. 10. For the purpose of erecting public buildings in counties,
cities, or school districts, the rates of taxation herein limited may be
increased, when the rate of such increase and the purpose for which
it is intended shall have been submitted to a vote of the people, and
a majority of the qualified voters of such county, city, or school
district, voting at such election, shall vote therefor: Provided, That
such increase shall not exceed 5 mills on the dollar of the assessed
value of the taxable property in such county, city, or school district.
Sec. 11. The receiving, directly or indirectly, by any officer of the
State, or of any county, city, or town, or member or officer of the
legislature, of any interest, profit, or perquisites, arising from the
use or loan of public funds in his hands or mone3^s to be raised
through his agency for State, city, town, district, or county pur-
poses shall be deemed a felony. Said offense shall be punished as
may be prescribed by law, a part of which punishment shall be dis-
qualification to hold office.
Sec. 12. The legislature shall have power to provide for the levy
and collection of license, franchise, gross revenue, excise, income, col-
lateral and direct inheritance, legacy, and succession taxes; also
graduated income taxes, graduated collateral and direct inheritance
taxes, graduated legacy and succession taxes; also stamp, registra-
tion, Introduction, or other specific taxes.
Sec. 13. The State may select its subjects of taxation, and levy
and collect its revenues independent of the counties, cities, or other
numicipal subdivisions.
Oklahoma— 1907. 4317
Sec. 14. Taxes shall be levied and collected by general laws, and
for public purposes only, except that taxes may be levied when
necessary to carry into effect section 31 of the bill of rights. Except
as required by the enabling act, the State shall not assume the debt
of any county, municipal corporation, or political subdivision of
the State, unless such debt shall have contracted to defend itself in
time of war, to repel invasion, or to suppress insurrection.
Sec. 15. The credit of the State shall not be given, pledged, or
loaned to any individual, company, corporation, or association, mu-
nicipality, or political subdivision of the State; nor shall the State
become an owner or stockholder in, nor make donation by gift, sub-
scription to stock, by tax or otherwise, to any company, association,
or corporation.
Sec. 16. All laws authorizing the borrowing of money by and on
behalf of the State, county, or other political subdivision of the
State, shall specify the purpose for which the money is to be used,
and the money so borrowed shall be used for no other purpose.
Sec. 17. The legislature shall not authorize any county or sub-
division thereof, city, town, or incorporated district, to become a
stockholder in any company, association, or corporation, or to obtain
or appropriate money for, or levy any tax for, or to loan its credit
to any corporation, association, or individual.
Sec. 18. The legislature may authorize the levy and collection of a
poll tax on all electors of this State, under 60 years of age, not exceed-
ing $2 per capita, per annum, and may provide a penalty for the
nonpayment thereof.
Sec. 19. Every act enacted by the legislature, and every ordinance
and resolution passed by any county, city, town, or municipal board
or local legislative body, levying a tax, shall specify distinctly the
purpose for which said tax is levied, and no tax levied and collected
for one purpose shall ever be devoted to another j^urpose.
Sec. 20. The legislature shall not impose taxes for the purpose of
any county, city, town, or other municipal corporation, but may, by
general laws, confer on the proper authorities thereof, respectively,
the power to assess and collect such taxes.
Sec. 21. There shall be a state board of equalization consisting of
the governor, state auditor, state treasurer, secretary of state, attor-
ney-general, state inspector and examiner, and president of the board
of agriculture. The duty of said board shall be to adjust and equal-
ize the valuation of real and personal property of the several counties
in the State, and it shall perform such other duties as may be pre-
scribed by law, and they shall assess all railroad and public service
corporation property.
Sec. 22, Nothing in this constitution shall be held or construed to
prevent the classification of proj^erty for purposes of taxation; and
the valuation of different classes by different means or methods.
PUBLIC indebtedness.
Sec. 23. The State may, to meet casual deficits or failure in reve-
nues, or for expenses not provided for. contract debts ; but such debts,
direct and contingent, singly or in the aggregate, shall not, at any
time, exceed $400,000, and the moneys arising from the loans creating
such debts shall be applied to the purpose for which they were
4318 Oklahoma— J 907.
obtained or to repay the debts so contracted, and to no other purpose
whatever.
Sec. 24. In addition to the above limited power to contract debts,
the State may contract debts to repel invasion, suppress insurrection
or to defend the State in war; but the money arising from the con-
tracting of such debts shall be applied to the purpose for which it was
raised, or to repay such debts, and to no other purpose whatever.
Sec. 25. Except the debts specified in sections 23 and 24 of this
article, no debts shall hereafter be contracted by or on behalf of this
State, unless such debt shall be authorized by law for some work or
object, to be distinctly specified therein; and such law shall impose
and provide for the collection of a direct annual tax to pay, and
suflicient to pay, the interest on such debt as it falls due and also to
paA" and discharge the principal of such debt within twenty-five years
from the time of the contracting thereof. No such law shall take
effect until it shall, at a general election, have been submitted to the
people and have received a majority of all the votes cast for and
against it at such election. On the final passage of such bill in either
house of the legislature, the question sliall be taken by yeas and nays,
to be duly entered on the journals thereof, and shall be : " Shall this
bill pass, and ought the same to receive the sanction of the people? "
Sec. 26. No county, city, toAvn, township, school district, or other
political corporation, or subdivision of the State, shall be allowed
to become indebted, in any manner, for any purpose, to an amount
exceeding, in any J^ear, the income and revenue provided for such
year, without the assent of three-fifths of the voters thereof, voting
at an election, to be held for that purpose, nor in cases requiring such
assent, shall any indebtedness be allowed to be incurred to an amount
including existing indebtedness, in the aggregate exceeding 5 per
centum of the valuation of the taxable property therein, to be ascer-
tained from the last assessment for State and county purposes pre-
vious to the incurring of such indebtedness: Provided., That any
county, city, town, township, school district, or other political cor-
poration, or subdivision of the State, incurring any indebtedness,
requiring the assent of the voters as aforesaid, shall, before or at
the time of doing so, provide for the collection of an annual tax
suflicient to pay the interest on such indebtedness as it falls due, and
also to constitute a sinking fund for the payment of the principal
thereof within twenty-five years from the time of contracting the
same.
Sec. 27. Any incorporated city or town in this State may, by a
majority of the qualified property taxpaying voters of such city or
town, voting at an election to be held for that purpose, be allowed
to become indebted in a larger amount than that specified in section
26, for the purpose of purchasing or constructing public utilities,
or for repairing the same, to be owned exclusively by such city : Pro-
vided.) That any such city or town incurring any such indebtedness
requiring the assent of the voters as aforesaid, shall have the power
to provide for, and, before or at the time of incurring such indebt-
edness, shall provide for the collection of an annual tax in addition
to the other taxes provided for by this constitution, sufficient to pay
the interest on such indebtedness as it falls due, and also to con-
stitute a sinking fund for the payment of the principal thereof
within twenty- five years from the time of contracting the same.
Oklahoma— 1907. 4319
Sec. 28. Counties, townships, school districts, cities, and towns
shall levy sufficient additional revenue to create a sinking fund to
be used, first, for the payment of interest coupons as they fall due;
second, for the payment of bonds as they fall due ; third, for the pay-
ments of such parts of judgments as such municipality may, by law,
be required to pay.
Sec. 29. No bond or evidence of indebtedness of this State shall be
valid unless the same shall have endorsed thereon a certificate, signed
by the auditor and attorney-general of the State, showing that the
bond or evidence of debt is issued pursuant to law and is within the
debt limit. No bond or evidence of debt of any county, or bond of
any township or any other political subdivision of any county, shall
be valid unless the same have endorsed thereon a certificate signed
by the county clerk, or other officer authorized by law to sign such
certificate, and the county attorney of the county, stating that said
bond, or evidence of debt, is issued pursuant to law, and that said
issue is within the debt limit.
Sec. 30. The legislature shall require all money collected by taxa-
tion, or by fees, fines, and public charges of every kind, to be ac-
counted for by a system of accounting that shall be uniform for each
class of accounts. State and local, which shall be prescribed and
audited by authority of the State.
Article XI.
STATE AND SCHOOL LANDS.
Section 1. The State hereby accepts all grants of land and dona-
tions of money made by the United States under the provisions of
the enabling act, and any other acts of Congress, for the uses and
purposes and upon the conditions, and under the limitations for
which the same are granted or donated; and the faith of the State
is hereby pledged to jDreserve such lands and moneys and all moneys
derived from the sale of any of said lands as a sacred trust, and to
keep the same for the uses and purposes for which they were granted
or donated.
Sec. 2. All proceeds of the sale of public lands that have hereto-
fore been or may be hereafter given by the United States for the
use and benefit of the common schools of this State, all such per
centum as may be granted by the United States on the sales of public
lands, the sum of $5,000,000 appropriated to the State for the use
and benefit of the common schools in lieu of sections 16 and 36, and
other lands of the Indian Territory, the proceeds of all property that
shall fall to the State by escheat, the proceeds of all gifts or dona-
tions to the State for common schools not otherwise appropriated
by the terms of the gifts, and such other appropriations, gifts, or
donations as shall be made by the legislature for the benefit of the
common schools, shall constitute the permanent school fund, the in-
come from which shall be used for the maintenance of the common'
schools in the State. The principal shall be deemed a trust fund
held by the State, and shall forever remain inviolate. It may be
increased, but shall never be diminished. The State shall reimburse
said permanent school fund for all losses thereof which may in any
manner occur, and no portion of said fund shall be diverted for any
other use or purpose.
4320 Oklahoma— 1907.
Sec. 3. The interest and income of the permanent school fund, the
net income from the leasing of public lands which have been or may
be granted by the United States to the State for the use and benefit of
the common schools, together with any revenues derived from taxes
authorized to be levied for such purposes, and any other sums which
may be added thereto by law, shall be used and applied each year for
the benefit of the common schools of the State, and shall be, for this
purpose, apportioned among and between all the several common
school districts of the State in proportion to the school population of
the several districts, and no part of the fund shall ever be diverted
from this purpose, or used for any other purpose than the support
and maintenance of common schools for the equal benefit of all the
people of the State.
Sec, 4. All public lands set apart to the State by Congress for chari-
table, penal, educational, and public building purposes, and all lands
taken in lieu thereof, may be sold by the State under such rules and
regulations as the legislature may prescribe, in conformity with the
regulations of the enabling act.
Sec. 5. Section 13 in every portion of the State which has been
granted to the State shall be preserved for the use and benefit of the
University of Oklahoma and the University Preparatory School^ one-
third ; of the normal schools now established, or hereafter to be estab-
lished, one-third; and of the Agricultural and Mechanical College
and Colored Agricultural and Normal University, one-third. The
said lands or the proceeds thereof as above apportioned to be divided
between the institutions as the legislature may j^rescribe: Provided,
That the said lands so reserved, or the proceeds of the sale thereof, or
of any indemnity lands granted in lieu of section 13 shall be safely
kept or invested and preserved by the State as a trust, which shall
never be diminished, but may be added to, and the income thereof,
interest, rentals, or otherwise, only shall be used exclusively for the
benefit of said educational institutions. Such educational institutions
shall remain under the exclusive control of the State and no part of
the proceeds arising from the sale or disposal of any lands granted for
educational purposes, or the income or rentals thereof, shall be used
for the support of any religious or sectarian school, college, or uni-
versity, and no portion of the funds arising from the sale of sections
13 or any indemnity lands selected in lieu thereof, either principal or
interest, shall ever be diverted, either temporarily or permanently,
from the purpose for Avhich said lands were granted to the State.
Sec. 6. The permanent common school and other educational funds
shall be invested in first mortgages upon good and improved farm
lands within the State (and in no case shall more than 50 per centum
of the reasonable valuation of the lands without improvements be
loaned on any tract), Oklahoma State bonds, county bonds of the
counties of Oklahoma, school district bonds of the school districts of
Oklahoma, United States bonds; preference to be given to the securi-
ties in the order named.
The legislature shall provide the manner of selecting the securities
aforesaid, prescribe the rules, regulations, restrictions, and conditions
upon which the funds aforesaid shall be loaned or invested, and do
all things necessary for the safety of the funds and permanency of
the investment
Oklahoma— 1907. 4321
Article XII.
Homestead and Exemptions.
Section 1. The homestead of any family in this State, not within
any city, town, or village, shall consist of not more than 160 acres
of land, which may be in one or more parcels, to be selected by the
owner. The homestead within any city, town, or village, owned and
occupied as a residence only, shall consist of not exceeding 1 acre
of land, to be selected by the owner : Provided, That the same shall
not exceed in value the sum of $5,000, and in no event shall the home-
stead be reduced to less than one-quarter of an acre, without regard
to value : And provided further, That in case said homestead is used
for both residence and business purposes, the homestead interests
therein shall not exceed in value the sum of $5,000: Provided, That
notMng in the laws of the United States, or any treaties with the
Indian tribes in the State, shall deprive any Indian or other allottee
of tiie benefit of the homestead and exemption laws of the State:
And provided further. That any temporary renting of the homestead
shall not change the character of the same Avhen no other homestead
has been acquired.
Sec. 2. The homestead of the family shall be, and is hereby pro-
tected from forced sale, for the payment of debts, excej^t for the pur-
chase money therefor or a part of such purchase money, the taxes
due thereon, or for work and material used in constructing improve-
ments thereon; nor shall the owner, if married, sell the homestead
without the consent of his or her spouse, given in such manner as
may be prescribed by law: Provided, Nothing in this article shall
prohibit any person from mortgaging his homestead, the spouse, if
any, joining therein, nor prevent the sale thereof on foreclosure to'
satisfy any mortgage.
Sec. 3. After the adoption of this constitution, paragraph 3 of se(^
tion 4, and section 5, of chapter 34, statutes of Oklahoma, of 1893,
shall be inoperative : Provided, That no property shall be exempt for
any part of the purchase price while the same or any part thereof re-
mains in the possession of the original vendee, or in possession of any
purchaser from such vendee, with notice: And provided further.
Nothing in this constitution shall prevent or prohibit any person
from mortgaging or encumbering his personal exemptions.
The legislature may change or amend the terms of this article.
Article XIII.
Education.
Section 1. The legislature shall establish and maintain a system of
free public schools wherein all the children of the State may be edu-
cated.
Sec. 2. The legislature shall provide for the establishment and sup-
port of institutions for the care and education of the deaf, dumb, and
blind of the State.
Sec. 3. Separate schools for white and colored children with like
accommodation shall be provided by the legislature and impartially
maintained. The term " colored children," as used in this section,
4322 Oklahoma— 1907.
shall be construed to mean children of African descent. The term
" white children " shall include all other children.
Sec. 4. The legislature shall provide for the compulsory attendance
at some public or other school, unless other means of education are
provided, of all the children in the State who are sound in mind and
body, between the ages of 8 and 16 years, for at least three months
in each year.
Sec. 5. The supervision of instruction in the public schools shall be
vested in a board of education, whose powers and duties shall be pre-
scribed by law. The superintendent of public instruction shall be
president of the board. Until otherwise provided by law, the gov-
ernor, secretary of state, and attorney-general shall be ex officio mem-
bers, and with the superintendent, compose said board of education.
Sec. 6. The legislature shall provide for a uniform system of text-
books for the common schools of the State.
Sec. 7. The legislature shall provide for the teaching of the ele-
ments of agriculture, horticulture, stock feeding, and domestic sci-
ence in the common schools of the State.
Article XIV.
Banks and hanJcing.
Section 1. General laws shall be enacted by the legislature pro-
viding for the creation of a banking department, to be under the
control of a bank commissioner, who shall be appointed by the gov-
ernor for a term of four years, by and Avith the consent of the senate,
with sufficient power and authority to regulate and control all State
banks, loan, trust and guaranty companies, under laws which shall
provide for the protection of depositors and individual stockholders.
Sec. 2. The legal rate of interest shall not exceed 6 per centum
per annum in the absence of any contract as to the rate of interest,
and, by contract, parties may agree upon any rate not to exceed 10
per centum per annum, and, until reduced by the legislature, said
rates of 6 and 10 per centum shall be, respectively, the legal and the
maximum contract rates of interest.
Sec. 3. The taking, receiving, reserving, or charging a rate of inter-
est greater than is allowed by the preceding section, when knowingly
done, shall be deemed a forfeiture of the entire interest which the
note, bill, or other evidence of debt carries with it, or which has been
agreed to be paid thereon. In case a greater rate of interest has
been paid, the person by whom it has been paid, or his legal repre-
sentatives, may recover from the person, firm, or corporation taking
or receiving the same, in an action in the nature of an action of debt,
twice the amount of the interest so paid: Provided^ Such action
shall be brought within two years after the maturity of such usurious
contract: Provided, however., That this section may be subject to
such changes as the legislature may prescribe.
Article XV.
Oath of office.
Section 1. Senators and representatives and all judicial. State, and
county officers shall, before entering upon the duties of their respective
offices, take and subscribe to the following oath or affirmation:
Oklahoma— 1907. 4323
" T, -, do solemnly swear (or affirm) that I will support, obey,
and defend the Constitution of the United States, and the constitu-
tion of the State of Oklahoma, and will discharge the duties of my
office with fidelity ; that I have not paid, or contributed, either directly
or indirectly, any money or other valuable thing, to procure my nom-
ination or election (or appointment), except for necessary and proper
expenses expressly authorized by law; that I have not, knowingly,
violated any election law of the State, or procured it to be done by
others in my behalf ; that I will not, knowingly, receive, directly or in-
directly, any money or other valuable thing, for the performance or
nonperformance of any act or duty pertaining to my office, other than
the compensation allowed by law, and I further swear (or affirm)
that I will not receive, use, or travel upon any free pass or on free
transportation during my term of office."
Sec. 2. The foregoing oath shall be administered by some person
authorized to administer oaths, and in the case of State officers and
judges of the supreme court, shall be filed in the office of the secretary
of state, and in case of other judicial and county officers, in the office
of the clerk of the county in which the same is taken ; any person re-
fusing to take said oath, or affirmation, shall forfeit his office, and any
person who shall have been convicted of having sworn or affirmed
falsely, or having violated said oath, or affirmation, shall be guilty of
perjury, and shall be disqualified from holding anj^ office of trust or
profit within the State. The oath to members of the senate and house
of representatives shall be administered in the hall of the house to
which the members shall have been elected, by one of the judges of
the supreme court, or in case no such judge is present, then by any
person authorized to administer oaths.
Article XVI.
Public roads, highways, and internal improvements.
Section 1. The legislature is directed to establish a department of
highways, and shall have power to create improvement districts and
provide for building and maintaining public roads, and may provide
for the utilization of convict and punitive labor thereon.
Sec. 2. The State of Oklahoma hereby accepts all reservations and
lands for public highways made under any grant, agreement, treaty,
or act of Congress: Provided, This section shall not be construed to
prejudice the vested rights of any tribe, allottee, or other person to
any such land.
levees, drains, and ditches.
Sec. 3. The legislature shall have poAver and shall provide for a
system of levees, drains, and ditches and of irrigation in this State
when deemed expedient, and provide for a system of taxation on the
lands affected or benefited by such levees, drains, and ditches and irri-
gation, or on crops produced on such land, to discharge such bonded
indebtedness or expenses necessarily incurred in the establishment of
such improvements ; and to provide for compulsory issuance of bonds
b^ the owners or lessees of the lands benefited or affected by such
levees, drains, and ditches or irrigation.
4324 Oklahoma — 1907.
Article XVII.
Counties.
COUNTY AND TOWNSHIP GOVERNMENT.
Section 1. Each county in this State, now or hereafter organized,
shall be a body politic and corporate.
Sec. 2. There are hereby created, subject to change by the legisla-
ture, in and for each organized county of this State, the offices of
judge of the county court, county attorney, clerk of the district court,
county clerk, sheriff, county treasurer, register of deeds, county sur-
veyor, superintendent of public instruction, three county commission-
ers, and such municipal township officers as are now provided for
under the laws of the Territory of Oklahoma, except as in this con-
stitution otherwise provided.
Sec. 3. The several counties, of the State shall provide, as may be
prescribed by law, for those inhabitants who, by reason of age, in-
firmity, or misfortune, may have claims upon the sympathy and aid
of the county.
CREATING OR ALTERING COUNTIES.
Sec. 4. The legislature shall provide by general laws for the crea-
tion of new counties or altering or changing lines and the equitable
division of assets and of liabilities, and the original location of county
seats in such new counties: Provided, That every question shall
be submitted to the vote of the qualified electors residing in the ter-
ritory to be formed into such new county or transferred to another
county, and shall be approved by 60 per centum of the votes cast in
said election : Provided, That no new county shall be formed of less
than 400 square miles taxable area, nor with a population less than
15,000 people, nor with taxable wealth less than $2,500,000, as shown
by the current tax rolls. Nor shall any territory be taken from an
existing county for any purpose bringing the newh^ created line of
such existing county nearer than 10 miles to the county seat thereof.
Nor shall the taxable area, population, or taxable wealth of said exist-
ing county be reduced below that required for a new connty. Nor
shall any territory, in any case, be transferred from one county to an
existing county, if, by such transfer of territory, the county from
which the territory be taken will then be smaller in area than the
county to which the addition is made: Provided, That when terri-
tory is to be transferred from an existing county to either a new or
an existing county, there must be 60 per centum of the vote cast in
such particular territory in favor of the transfer, and, in case the
transfer be to an existing county, the acceptance of such territory
must first be approved by a majority vote of the electors of said
county, at an election to be called and held therefor, as may be pro-
vided by law. The limitation as to area, valuation, and population
shall not be increased by the legislature.
Sec. 5. When, at any time hereafter, the aggregate value of all tax-
able property in any one county be a sum total less than $2,500,000,
upon petition of one-fourth or more of the qualified electors of such
county, as shown by the last general election, signed, verified, and
Oklahoma— 1907. 4325
filed with the county commissioners thereof, not less than sixty days
before the date of any general election, such county commissioners
shall submit, upon the ballot at such next ensuing general election, to
the qualified electors of the county, the question : " Shall the county
be unorganized county?" "Yes" or "No." If a majority of the
votes cast on this question at such election shall be in the affirmative,
such county shall thereafter be unorganized and be attached to and be
a part of the adjoining county having the lowest valuation of taxable
property; and shall so remain as a district in such county until such
time as the qualified electors of such unorganized county shall, by
similar petition and vote, declare in favor of separate organized
county existence: Provided, however, That at all times during such
unorganized existence such county shall have four terms of comity
court at the county seat therein each year, and the judge of the county
court shall appoint a clerk of the county of said district, from among
the qualified electors thereof, who shall keep and maintain his office
at such county seat: Provided further, That while so unorganized,
such county shall, in all respects, be part and parcel of the county
with which it is united.
REMOVAL OF COUNTY SEATS.
Sec. 6. The towns herein named as county seats shall be and re-
main the county seats of their respective counties until changed by
vote of the qualified electors of such county, in the following manner :
(a) tJpon a petition or petitions in writing, signed by 25 per
centum of the qualified electors of the county, such per centum to be
determined by the total vote cast in such county for the head of the
State ticket in the next preceding general election, said petition or
petitions being verified by an affidavit showing that the petitioners
are qualified electors of said county and such petition or petitions
having been filed with the governor at any time after four months
after the admission of the State into the Union, the governor shall
within thirty days issue his proclamation calling an election to be
held in such county not less than sixty nor more than seventy days
from the date of his proclamation.
Such election shall be held under the provisions of the election laws
of the State, and upon such public notice of such election as the gov-
ernor in his proclamation may direct; and the governor shall cause
to be placed upon the tickets to be voted at such election only the
names of such towns as may, more than twenty days prior to such
election, file with the governor verified petitions therefor, as above
mentioned, signed by not less than 300 qualified electors of said
county.
(The word " town," as herein used, shall be construed to mean
town, city, or place.)
(h) Upon the holding of any such election the board of canvassers
shall certify and return said vote to the governor, who shall thereupon
at once declare the result and cause the will of the electors to he carried
into effect: Provided, That in all elections for the removal of any
of the county seats named in this constitution the following rules
shall govern, until the county seat is once located by a vote of the
people, but not later than the 1st day of April, 1909: Provided
further^ In case the necessary and proper petition for the holding of
7535 — VOL 7 — 1>'.) 35
4326 . Oklahoma— 1907.
an election for the removal of a county seat shall be filed with the
governor for over six months prior to the 1st day of April, 1909, in
accordance with the foregoing provisions, and if such election or
elections are delayed or postponed on account of any injunction or
legal proceedings then the time limit provided in the subdivision of
this section, shall be extended the length of time that such election
or elections are delayed or postponed by such injunction or legal
proceedings.
If a majority of all the votes cast in the county at such county seat
election shall be in favor of any town, such town shall thereafter be the
county seat: Provided, however, That where the county seat named
in this constitution is within 6 miles of the geographical center of
the county (said geographical center to be determined by certificate
from the secretary of state, and said distance to be determined by
measurement from said geographical center to the nearest corporate
limits of such county seat, as they existed on the 21st day of January,
1907) it shall require 60 per centum of the total vote cast at such elec-
tion by tlie competing town to effect the removal of such county seat,
unless such competing town be more than 1 mile nearer the geograph-
ical center of said county, in which event a majority vote shall suffice;
but, if more than two towns are voted for and no town receive the
requisite proportion of all the votes cast, then all names of towns
voted for on said ballot, except the two receiving the greatest num-
ber of votes, shall be dropped ; and the governor shall, in like time and
manner, cause to be called and held a second election, at which only
two towns which received the greatest number of votes cast at the
first election shall be voted for ; and the town receiving the requisite
proportion of the votes cast at the second election shall be the county
seat: Provided, That, after the 1st day of April, 1909, all county
seats shall be subject to removal under the above-named provisions;
but the town to which removal is sought must receive two-thirds
of all votes cast in such county at the election held therefor, and such
elections shall not occur at intervals of less tlian ten years : Provided
fiLrtlier, That until after the 1st day of April, 1909, no public money
shall be expended for court-house or jail construction unless a vote
of the people of such county shall have been taken on the relocation
of the county seat.
Sec. 7. Any person or corporation offering money or other thing
of value, either directly or indirectly, for the purpose of influencing
any voter for or against any competing town in such election shall
be deemed guilty of bribery.
Akticle XVIII.
Munici'pal corporations.
Section 1. Municipal corporations shall not be created by special
laws, but the legislature, by general laws shall provide for the in-
corporation and organization of cities and towns and the classification
of same in proportion to population, subject to the provisions of this
article.
Sec. 2. Every municipal corporation now existing within this State
shall continue with all of its present rights and powers until other-
wise provided by law, and shall always have the additional rights
and powers conferred by this constitution.
Oklahoma— 1907. 4327
CHARTERS.
Sec. 3. (a) Any city containing a population of more than 2,000
inhabitants may frame a charter for its own government, consistent
with and subject to the constitution and laws of this State, by causing
a board of freeholders, composed of two from each ward, who shall
be qualified electors of said city, to be elected by the qualified electors
of said city, at any general or special election, whose duty it shall be,
within ninety days after such election, to prepare and propose a
charter for such city, which shall be signed in duplicate by the
members of such board or a majority of them, and returned, one
copy of said charter to the chief executive officer of such city, and
the other to the register of deeds of the county in which said city
shall be situated. Such proposed charter shall then be published
in one or more newspapers published and of general circulation
within said city, for at least twenty-one days, if in a daily paper,
or in three consecutive issues, if in a weekly paper, and the first pub-
lication shall be made within twenty days after the completion of
the charter ; and within thirty days, and not earlier than twenty days
after such publication, it shall be submitted to the qualified electors
of said city at a general or special election, and if a majority of such
qualified electors voting thereon shall ratify the same, it shall there-
after be submitted to the governor for his approval, and the governor
shall approve the same if it shall not be in conflict with the constitu-
tion and laws of this State. Upon such approval it shall become the
organic law of such city and supersede any existing charter and all
amendments thereof and all ordinances inconsistent with it. A copy
of such charter, certified by the chief executive officer, and authenti-
cated by the seal of such city, setting forth the submission of such
charter to the electors and its ratification by them shall, after the
approval of such charter by the governor, be made in duplicate and
deposited, one in the office of the secretary of state, and the other, after
being recorded in the office of said register of deeds, shall be deposited
in the archives of the city ; and thereafter all courts shall take judicial
notice of said charter. The charter so ratified may be amended by
proposals therefor, submitted by the legislative authority of the city
to the qualified electors thereof (or by petition as hereinafter pro-
vided) at a general or special election, and ratified by a majority of
the qualified electors voting thereon, and approved by the governor
as herein provided for the approval of the charter.
Sec. 3. (b) An election of such board of freeholders may be called
at any time by the legislative authority of any such city, and such elec-
tion shall be called by the chief executive officer of any such city within
ten days after there shall have been filed with him a petition demand-
ing the same, signed by a number of qualified electors residing within
such city, equal to 25 per centum of the total number of votes cast at
the next preceding general municipal election ; and such election shall
be held not later than thirty days after the call therefor. At such
election a vote shall be taken upon the question of whether or not
further proceedings toward adopting a charter shall be had in pur-
suance to the call, and unless a majority of the qualified electors
voting thereon shall vote to proceed further, no further proceeding
shall be had, and all proceedings up to that time shall be of no effect.
4328 Oklahoma — 1907.
INITIATIVE AND REFERENDUM.
Sec. 4. (a) The powers of the initiative and referendum, reserved
by this constitution to the people of the State and the respective
counties and districts therein, are hereby reserved to the people of
every municipal corporation now existing or which shall hereafter be
created within this State, with reference to all legislative authority
which it may exercise, and amendments to charters for its own govern-
ment in accordance with the provisions of this constitution.
Sec. 4. (h) Every petition for either the initiative or referendum
in the goA'crnment of a municipal corporation shall be signed by a
number of qualified electors residing within the territorial limits
of such municipal corporation, equal to 25 per centum of the total
number of votes cast at the next preceding election, and every such
petition shall be filed with the chief executive officer of such munici-
pal corporation.
Sec. 4. (c) ^Yhcn such petition demands the enactment of an ordi-
nance or other legal act other than the grant, extension, or renewal
of a franchise, the chief executive officer shall present the same to the
legislative body of such corporation at its next meeting, and unless
the said petition shall be granted more than thirty days before the
next election at which any city officers are to be elected, the chief
executive officer shall submit the said ordinance or act so petitioned
for to the qualified electors at said election; and if a majority of
said electors voting thereon shall vote for the same, it shall thereupon
become in full force and effect.
Sec. 4. (d) When such petition demands a referendum vote upon
any ordinance or any other legal act other than the grant, extension,
or rencAval of a franchise, the chief executive officer shall submit said
ordinance or act to the qualified electors of said corporation at the
next succeeding general municipal election, and if, at said election,
majority of the electors voting thereon shall not vote for the same, it
shall thereupon stand repealed.
Sec. 4. (e) When such petition demands an amendment to a char-
ter, the chief executive officer shall submit such amendment to the
qualified electors of said municipal corporation at the next election
of any officers of said corporation, and if, at said election, a majority
of said electors voting thereon shall vote for such amendment, the
same shall thereupon become an amendment to and a part of said
charter, when approved by the governor and filed in the same manner
and form as an original charter is required by the provisions of this
article to be approved and filed.
FRANCHISES.
Sec. 5. (a) No municipal corporation shall ever grant, extend, or
renew a franchise, without the approval of a majority of the qualified
electors residing within its corporate limits, who shall vote thereon at
a general or special election; and the legislative body of any such
corporation may submit any such matter for approval or disapproval
to such electors at any general municipal election, or call a special
election for such purpose at any time upon thirty days' notice; and
no franchise shall be granted, extended, or renewed for a longer term
than twenty-five years.
Omhoma—1907. 4329
Sec. 5. (&) Whenever a petition signed by a number of qualified
electors of any municipal corporation equal to 25 per centum of the
total number of votes cast at the next preceding general municipal
election, demanding that a franchise be granted, extended, or re-
newed, shall be filed with the chief executive officer of said corpora-
tion, the chief executive officer shall, within ten days thereafter, call
a special election, at which he shall submit the question of whether
or not such franchise shall be granted, extended, or renewed, and if,
at said election, a majority of the said electors voting thereon shall
vote for the grant, extension, or renewal of such franchise, the same
shall be granted by the proper authorities at the next succeeding reg-
ular meeting of the legislative body of the city.
Sec. 6. Every municipal corporation within this State shall have
the right to engage in any business or enterprise which may be en-
gaged in by a person, firm, or corporation by virtue of a franchise
from said corporation.
Sec. 7. No grant, extension, or renewal of any franchise or other
use of the streets, alleys, or other public grounds or ways of any mu-
nicipality, shall divest the State, or any of its subordinate subdivi-
sions, of their control and regulation of such use and enjoyment.
Nor shall the power to regulate the charges for public services be
surrendered ; and no exclusive franchise shall ever be granted.
Article XIX.
Insurance,
Section 1. No foreign insurance company shall be granted a license
or permitted to do business in this State until it shall have complied
with the laws of the State, including the deposit of such collateral or
indemnity for the protection of its patrons within this State as may
be prescribed by law, and shall agree to pay all such taxes and fees as
may at any time be imposed by law or act of the legislature, on for-
eign insurance companies, and a refusal to pay such taxes or fees shall
work a forfeiture of such license.
Sec, 2. Until otherwise provided by law, all foreign insurance com-
panies, including surety and bond companies, doing business in the
State, except fraternal insurance companies, shall pay to the insur-
ance commissioner for the use of the State, an entrance fee as follows :
Each foreign life insurance company, per annum, $200; each for-
eign fire insurance company, per annum, $100 ; each foreign accident
and health insurance company, jointly, per annum, $100; each surety
and bond company, per annum, $150 ; each plate glass insurance com-
pany (not accident), per annum, $25; each foreign live stock insur-
ance company, per annum, $25.
Until otherwise provided by law, domestic companies excepted,
each insurance company, including surety and bond companies, doing
business in this State, shall pay an annual tax of 2 per centum on all
premiums collected in the State, after all cancellations are deducted,
and a tax of $3 on each local agent.
Sec. 3. The revenue and tax provisions of this constitution shall
not include, but the State shall provide for, the following classes of
4830 Oklahoma— 1907.
insurance organizations not conducted for profit, and insuring only
their own members:
First, farm companies insuring farm property and products
thereon; second, trades insurance companies insuring the property
and interest of one line of business ; third, fraternal life, health, and
accident insurance in fraternal and civic orders, and in all of which
the interests of the members of each respectively shall be uniform and
mutual.
Sec. 4. All fees collected by the insurance commission shall be paid
to the State treasurer monthly.
Article XX.
Manufacture and. commerce.
Section 1. Nothing herein shall prevent the manufacture or sale
of denaturized alcohol under such regulations as may be prescribed
by law.
Sec. 2. Until changed by the legislature, the flash test provided
for under the laws of Oklahoma Territory for all kerosene oil for
illuminating purposes shall be 115° Fahrenheit; and the specific
gravity test for all such oil, shall be 40° Baume.
Article XXI.
Public institutions.
Section 1. Educational, reformatory, and penal institutions and
those for the benefit of the insane, blind, deaf, and mute, and such
other institutions as the public good may require, shall be established
and supported by the State in such manner as may be prescribed
by law.
Article XXII.
Alien and corporate ownership of lands.
Section 1. No alien or person who is not a citizen of the United
States shall acquire title to or own land in this state, and the legisla-
ture shall enact laws whereby all persons not citizens of the United
States, and their heirs, who may hereafter acquire real estate in this
state by devise, descent, or otherwise, shall dispose of the same
within five years upon condition of escheat or forfeiture to the State :
Provided, This shall not apply to Indians born within the United
States, nor to aliens or persons not citizens of the United States who
may become bona fide residents of this State : And provided further,
That this section shall not apply to lands now owned by aliens in
this State.
Sec. 2. No corporation shall be created or licensed in this State
for the purpose of buying, acquiring, trading, or dealing in real
estate other than real estate located in incorporated cities and towns
and as additions thereto ; nor shall any corporation doing business in
this State buy, acquire, trade, or deal in real estate for any purpose
except such as may be located in such towns and cities and as addi-
tions to such towns and cities, and further except such as shall be nec-
essary and proper for carrying on the business for which it was
(Mahoma—im. 4331
chartered or licensed, nor shall any corporation be created or licensed
to do business in this State for the purpose of acting as agent in buy-
ing and selling land : Provided, however, That corporations shall not
be precluded from taking mortgages on real estate to secure loans or
debts or from acquiring title thereto upon foreclosure of such mort-
gages or in the collection of debts, conditioned that such corporation
or corporations shall not hold such real estate for a longer period
that seven years after acquiring such title: And provided further,
That this section shall not apply to trust companies taking only the
naked title to real estate in this State as a trustee, to be held solely as
security for indebtedness pursuant to such trust: And provided fur-
ther, That no public-service corporation shall hold any land, or the
title thereof, in any way whatever in this State, except as the same
shall be necessary for the transaction and operation of its business as
such public-service corporation.
Article XXIII.
Miscellaneous,
LABOR.
Section 1. Eight hours shall constitute a day's work in all cases of
employment by and on behalf of the State or any county or
municipality.
CONVICT LABOR.
Sec. 2. The contracting of convict labor is hereby prohibited.
CHILD LABOR.
Sec. 3. The employment of children, under the age of 15 years, in
any occupation, injurious to health or morals or especially hazardous
to life or limb, is hereby prohibited.
Sec. 4. Boys under the age of 16 years, and women and girls, shall
not be employed, underground, in the operation of mines ; and, except
in cases of emergency, eight hours shall constitute a day's work under-
ground in all mines of the State.
Sec. 5. The legislature shall pass laws to protect the health and
safety of employees in factories, in mines, and on railroads.
CONTRIBUTORY NEGLIGENCE.
Sec. 6. The defense of contributory negligence or of assumption of
risk shall, in all cases whatsoever, be a question of fact, and shall, at
all times, be left to the jury.
PERSONAL INJURIES.
Sec. 7. The right of action to recover damages for injuries resulting
in death shall never be abrogated, and the amount recoverable shall
not be subject to any statutory limitation.
4332 Oklahoma — 1907.
WAIVER OF RIGHTS.
Sec. 8. Any provision of a contract, express or implied, made by
any person, by which any of the benefits of this constitution is sought
to be waived, shall be null and void.
Sec. 9. Any provision of any contract or agreement, express or im-
plied, stipulating for notice or demand other than such as may be
provided by law, as a condition precedent to establish any claim, de-
mand, or liability, shall be null and void.
CHANGE IN SALARY, OR EMOLUMENTS.
Sec. 10. Except wherein otherwise provided in this constitution, in
no case shall the salary or emoluments of any public official be changed
after his election or appointment, or during his term of office, unless
by operation of law enacted prior to such election or appointment;
nor shall the term of any public official be extended beyond the period
for which he was elected or appointed: Provided, That all officers
within this State shall continue to perform the duties of their offices
until their successors shall be duly qualified.
DEFINITION OF RACES.
Sec. 11. TMierever in this constitution and laws of this State, the
word or words, " colored " or " colored race," " negro " or " negro
race," are used, the same shall be construed to mean or apply to all
persons of African descent. Tlie term " white race " shall include all
other persons.
Article XXIV.
Constitutional amendments.
Section 1. Any amendment or amendments to this constitution
may be proposed in either branch of the legislature, and if the same
shall be agreed to by a majority of all the members elected to each of
the two houses, such proposed amendment or amendments shall, with
the yeas and nays thereon, be entered in their journals and referred
by the secretary of state to the people for their approval or rejection,
at the next regular general election, except when the legislature, by
two-thirds vote of each house, shall order a special election for that
purpose. If a majority of all the electors voting at such election
shall vote in favor of any amendment thereto, it shall thereby become
a part of this constitution.
If two or more amendments are proposed they shall be submitted in
such manner that electors may vote for or against them separately.
Sec. 2. No convention shall be called by the legislature to propose
alterations, revisions, or amendments to this constitution, or to pro-
pose a new constitution, unless the law providing for such conven-
tion shall first be approved by the people on a referendum vote at a
regular or special election, and any amendments, alterations, re-
visions, or new constitution, proposed by such convention, shall be
submitted to the electors of the State at a general or special election
and be appro\ed by a majority of the electors voting thereon, before
Oklahoma— 1907. 4333
the same shall become effective: Provided, That the question of such
proposed convention shall be submitted to the people at least once in
every twenty years.
Sec. 3. This article shall not impair the right of the peoj^le to
amend this constitution by a vote upon an initiative petition therefor.
Schedule.
In order that no inconvenience may ariso by reason of a change
from the forms of government now existing in the Indian Territory
and in the Territory of Oklahoma, it is hereby declared as follows :
Section 1. No existing rights, actions, suits, proceedings, contracts,
or claims shall be affected by the change in the forms of government,
but all shall continue as if no change in the forms of government had
taken place. And all processes which may have been issued previous
to the admission of the State into the Union under the authority of
the Territory of Oklahoma or under the authority of the laws in force
in the Indian Territory shall be as valid as if issued in the name of
the State.
Sec. 2. All laws in force in the Territory of Oklahoma at the time
of the admission of the State into the Union, which are not repugnant
to this constitution, and which are not locally inapplicable, shall be
extended to and remain in force in the State of Oklahoma until they
expire by their own limitation or are altered or repealed by law.
Sec. 3. All debts, fines, penalties, and forfeitures which have ac-
crued or may hereafter accrue to the Territory of Oklahoma shall
inure to the State of Oklahoma, and may be sued for and recovered by
the State.
Sec. 4. This constitution shall take effect and be in full force im-
mediately upon the admission of the State into the Union.
Sec. 5. Until otherwise provided by law, notaries public appointed
under the laws of the Territory of Oklahoma, or under the authority
of the laws heretofore in force in the Indian Territory, may continue
to exercise and perform the duties of the office of notary public until
the expiration of their commissions : Provided, That any notary pub-
lic appointed in the Indian Territory for any district, or in the Terri-
tory of Oklahoma for any county, shall, after this constitution takes
effect, exercise the powers, privileges, and rights of a notary public
only of the county formed in whole or in part out of the district or
county for which such person is a notary public, and in which such
person resides at the time the State is admitted into the Union; but
before any such notary public, except notaries public for those coun-
ties in the Territory of Oklahoma, the boundaries of which have not
been changed by the constitution, shall exercise the powers, privileges,
and rights of a notary public of such county, he shall have filed in the
office of the county clerk of the county in which he resides his commis-
sion as notary public and an affidavit stating that he is a resident of
such county, whereupon he shall become a notary public for such
county.
Sec. 6. The appointments of female persons as notaries public,
heretofore made by the Governor of Oklahoma, and by the United
States courts for the Indian Territory, and by the judges of said
courts, are hereby confirmed and made valid, and all official acts of
such notaries public heretofore performed are hereby validated, in
4334 Oklahoma— 1907,
so far as the acts of such notaries public may be affected by any in-
eligibility of such persons to appointment as notaries public. Female
persons possessing the other qualifications prescribed by law shall be
eligible to the office of notary public and of county superintendent of
public inseruction.
Sec. 7. All property, real and personal, credits, claims, and choses
in action, belonging to the Territory of Oklahoma at the time the
State is admitted into the Union, shall be vested in and become the
property of the State of Oklahoma.
Sec. 8. All judgments and records of deeds, mortgages, liens, and
other instruments, filed or recorded, affecting the title to real and
personal property in the Indian Territory and Osage Indian Keser-
vation, are hereby made as effectual to impart notice and for all
other purposes under the laws of the Territory of Oklahoma ex-
tended in force in the State, as they were under the laws heretofore
in force in the Indian Territory and Osage Indian Reservation.
Sec. 9. All judgments and records of deeds, mortgages, liens, and
other instruments, filed or recorded, affecting title to real and per-
sonal property in new counties that have been created out of the ter-
ritory of any county or counties of the Territory of Oklahoma, or
out of the territory of any county or counties of the Territory of
Oklahoma and of any recording district or districts of the Indian
Territory, are hereby made as effectual to impart notice and for all
other purposes under the laws of the Territory of Oklahoma, ex-
tended in force in the State, as the same would have been if no
changes had been made by the provisions of this constitution in the
boundaries of the counties as they existed in the Territory of Okla-
homa, or of the boundaries of the recording districts as they existed
in the Indian Territory.
Sec. 10. Until otherwise provided by law, incorporated cities and
towns, heretofore incorporated under the laws in force in the Ter-
ritory of Oklahoma or in the Indian Territory, shall continue their
corporate existence under the laws extended in force in the State,
and all officers of such municipal corporations at the time of the ad-
mission of the State into the Union shall perform the duties of their
respective offices under the laws extended in force in the State, until
their successors are elected and qualified in the manner that is or
may be provided by law: Provided, That all valid ordinances now
in force in such incorporated cities and towns shall continue in force
until altered, amended, or repealed.
Sec. 11. All taxes assessed or due to incorporated cities and towns
in the Indian Territory, and all taxes levied by such incorj^orated
cities and towns for the year 1907 shall, until otherwise provided by
law, be levied and collected in the same manner as now provided
by law in force in the Indian Territory, and under the laws and
ordinances now in force in such municipal corporations.
Sec. 12. In all incorporated cities and towns in the Indian Terri-
tory, all local improvements or public buildings in process of being
made or constructed under the laws in force in the Indian Territory,
or for which proceedings having been commenced under such laws
at the time of the admission of the State into the Union, shall be
completed under said laws, and said laws are hereby extended in
force as to such improvements or public buildings until such local
Oklahoma— 1907. 4335
improvements or public buildings are completed and paid for, as
by such laws provided.
Sec. 13. The act of Congress entitled ''An act for the protection of
the lives of miners in the Territories," approved March 3, 1891, and
the act of Congress entitled "An act to amend an act entitled 'An act
for the protection of the lives of miners in the Territories,' " ap-
proved July 1, 1902, are hereby extended to and over the State of
Oklahoma until otherwise provided by law: Provided, That the
words, governor of the State are hereby substituted for the words,
" governor of such organized territory," and for the words " Secretary
of Interior," wherever the same appear in said acts, and the words,
chief mine inspector, for the words, " mine inspector," wherever the
same appear in said acts. The chief mine inspector shall also perform
the duties required by laws of the Territory of Oklahoma of the ter-
ritorial oil inspector until otherwise provided by law.
Sec. 14. Until otherwise provided by law, all dental surgeons
licensed to practice in the Territory of Oklahoma and all dental sur-
geons who were residents of the Indian Territory on the 16th day of
June, 190G, and also all graduates of some reputable school or college
of dental surgery, shall be eligible and be licensed to practice in the
State without examination.
Sec. 15. Until otherwise provided by law, the officers of the State
shall receive annually as compensation for their services, the follow-
ing sums:
The governor, $4,500; lieutenant-governor, $1,000; secretary of
state, $2,500; attorney-general, $4,000; state treasurer, $3,000; state
auditor, $2,500; state examiner and inspector, $3,000; chief mine in-
spector, $3,000 ; labor commissioner, $2,000 ; commissioner of charities
and corrections, $1,500; corporation commissioners, $4,000 each;
superintendent of public instruction, $2,500; the insurance commis-
sioner, $2,500.
Sec. 16. The salary of the justices of the supreme court of the
State shall be $4,000 per annum each, and that of the judges of the
district court, $3,000 per annum each, until changed by the legis-
lature.
Sec. 17. The members of the board of agriculture, bank commis-
sioner, clerk of the supreme court, and all other State officers, except
as herein provided, or such as may be created, and all clerks and
assistants, shall receive such compensation for their services as may
be provided by law.
Sec. 18. Until otherwise provided by law, the terms, duties, pow-
erSj qualifications, and salary and compensation of all county and
township officers, not otherwise provided by this constitution, shall
be as now provided by the laws of the Territory of Oklahoma for like
named officers, and the duties and compensation of the probate judge
under such laws shall devolve upon and belong to the judge of the
county court: Provided, That the term of office of those elected at
the time of the adoption of this constitution, or first appointed under
the provisions of the laws extended in force in the State, shall expire
on the second Monday of January in the year 1911: And provided
further, That county attorneys and judges of the county court of the
several counties of the State, having a population of more than 20,000
shall be paid a salary of $2,000 per annum ; and of counties having a
population of more than 30,000, a salary of $2,500 per annum; and
4336 Oklahoma— 1907.
of counties having a population of more than 40.000, a salary of
$3,000 per annum; such salaries to be paid in the same manner as is
provided by law in force in the Territory of Oklahoma for the pay-
ment of salaries to county attorneys.
Sec. 19. Until otherwise provided by law, the boards of regents
of the University of Oklahoma, of the Agricultural and Mechanical
College, of the Normal schools now established, of the University
Preparatory School, and of the Colored Agricultural and Normal
and University, shall continue to hold their offices and exercise the
functions thereof until their successors are elected or appointed and
qualified.
Sec. 20. The legislature shall provide by general, special, or
local law for the equitable division of the proi^erty, assets, and liabili-
ties of any county existing in the Territory of Oklahoma between
such county and any new county or counties created in whole or in
part out of the territory of such county.
Sec. 21. All property, real and personal, and credits, claims, and
choses in action, belonging to the county of Day at the time of the
admission of the State into the Union, shall be vested in and become
the property of the county of Ellis : Provided^ The legislature shall
provide, by general, special, or local law, for the equitable division of
the assets of Day County, thus transferred to Ellis County, and of
the liabilities of Day County, between the counties of Roger Mills
and Ellis.
Sec. 22. The clerk of the supreme court shall procure a seal and
cause such inscription to be placed thereon as may be prescribed by
the supreme court. Each clerk of the district court shall procure a
seal, and, under the direction of the judge of the district court, cause
to be inscribed thereon the style of his office and the name of his
count3^ Each county clerk, county treasurer, register of deeds,
county surveyor, and countj^ superintendent of public instruction,
shall procure a seal, and, under the direction of the county judge,
cause to be inscribed thereon the style of his office and the name of his
county. Said seal shall be sufficient and used for all lawful purposes
until otherwise provided by law : Provided^ That, until any of such
officers shall have procured a seal, the signature of any such officer
shall be sufficient for all purposes without a seal.
Sec. 23. "^^Hien this constitution shall go into effect, the books,
records, papers, and proceedings of the probate court in each county,
and all causes and matters of administration and guardianship, and
other matters pending therein, shall be transferred to the county court
of such county, except of Day County, which shall be transferred to
the county court of Ellis County, and the county courts of the respec-
tive counties shall proceed to final decree or judgment, order, or other
termination in the said several matters and causes as the said probate
court might have done if this constitution had not lieen adopted.
The district court of any county, the successor of the United States
court for the Indian Territory, in each of the counties formed in
whole or in part in the Indian Territory, shall transfer to the county
court of such county all matters, proceedings, records, books, papers,
and documents appertaining to all causes or proceedings relating to
estates: Provided, That the legislature may provide for the transfer
of any of said matters and causes to another county than herein
prescribed.
Oklahoma— 1907. 4337
Sec. 24. -Until otherwise provided by law, the seal of the probate
courts in the counties of the Territory of Oklahoma shall be the seal
of the county courts, and in that part of the State heretofore compris-
ing the Indian Territory and Osage Indian Reservation, and in the
new counties created in the Territory of Oklahoma, until the county
court shall have procured a proper seal, the signature of the county
judge shall be sufficient for all purposes without a seal.
Sec. 25. Any county, city, incorporated town, township, board of
education, school district, or other municipality, eitlier in the Terri-
tory of Oklahoma or the Indian Territory, that shall owe, at the time
of the admission of the State into the Union, any indebtedness, evi-
denced by warrants, scrip, or other evidence of indebtedness, is au-
thorized, through the proper officers thereof, to make provision for
the payment of, and to pay, such indebtedness, either by tax levy or
by issuing bonds in lieu thereof, in accordance with and under the
provision of the laws extended in force in the State: Provided, That
the limitation upon the amount of indebtedness that may be created
by any county, city, incorporated town, township, board of education,
school district, or other municipality, and upon the amount of taxes
that may be levied by any county, city, incorporated town, township,
board of education, school district, or other municipality, under the
provisions of this constitution, or of law, shall not apply to the
indebtedness, the levying of taxes, and the issuing of bonds provided
for herein.
Sec. 26. All cases, civil and criminal, pending, upon the admission
of the State into the Union, in the supreme court of the Territory of
Oklahoma, on appeal or writ of error from the district or probate
courts of any county or subdivision within the limits of the State,
and the papers, records, proceedings, and seal of said court shall be
transferred to the supreme court of the State, except as is otherwise
provided in the enabling act of Congress. And all cases, civil and
criminal, pending, on the admission of the State into the Union, in
the United States court of appeals for the Indian Territory, and the
papers, records, and proceedings of said court, shall be transferred to
the supreme court of the State, except as is otherwise provided by the
enabling act of Congress and the amendments thereto.
Sec. 27. All cases, civil and criminal, pending, at the time of the
admission of the State into the Union, in the district courts of the
Territory of Oklahoma, in any county within the district, and the
records, papers, and proceedings of said district court, and the seal
and other property appertaining thereto, shall be transferred into the
district court of the State for such county, except as is provided in
the enabling act of Congress, and all cases, civil and criminal, pend-
ing, at the time of the admission of the State into the Union, in the
United States court for the Indian Territory, within the limits of
any county created in whole or in part within the limits of what was
heretofore the Indian Territory, and all records, papers, and proceed-
ings of said United States courts for the Indian Territory, and the
seal and other property appertaining thereto, shall be transferred to
the district court of the State for such county, except as is provided
in the enabling act of Congress and the amendments thereto: Pro-
vided, That the legislature may provide for the transfer of any such
cases from one county to another county.
Sec. 28. The terms and provisions of an act of Congress, entitled
"An act to amend sections 16, 17 and 20, of an act entitled 'An act to
4338 Oklahonm—1907.
enable the people of Oklahoma and Indian Territory to form a con-
stitution and State government and be admitted into the Union on
an equal footing with the original States, and to enable the people of
New Mexico and Arizona to form a constitution and State govern-
ment and be admitted into the Union on an equal footing with the
original States,' " are hereby accepted, and the jurisdiction of the
cases enumerated therein is hereby assumed by the courts of the State.
Sec. 29. Any person who shall be a qualified elector of any county
of a judicial district at the time of the election held to ratify this
constitution, and w^ho shall, in all other respects, be eligible under the
provisions of the constitution, to be elected judge of the district court
of such district, shall be eligible to be elected judge of the district
court of such district at the first election held for the election of
State officers.
Sec. 80. Any person who shall have been a resident of the territory
within the limits of the State for a period of one year next preceding
the date on wiiich the election for the ratification of the constitution
is held, and who shall otherwise be eligible, under the provisions of
this constitution, to be elected to any State office, shall be eligible to
be elected to any such State office at the first election held for the
election of State officers.
Sec. 31. The assessment of property in the Osage Indian Reserva-
tion for the year 1907, b}^ the authorities of Pawnee County, shall be
the assessment of Osage County for the year 1907, and the proper
authorities of Pawnee County shall levy a tax on the property of the
Osage Indian Reservation for the year 1907, as now provided by law,
and immediately upon the admission of the State into the Union,
the county treasurer of Pawnee County shall turn over to the county
treasurer of Osage County the tax books and records of taxes in the
Osage Indian Reservation, so made for the year 1907, and the treas-
urer of Osage County shall proceed and have the authority to receive
all such taxes in the Osage Indian Reservation for the year 1907,
and such taxes shall be collected and enforced in the manner provided
by law. And there shall also be collected, in addition to the tax so
levied by the authorities of Pawnee County, a county school tax of
10 mills on the dollar of the assessed valuation, and the same shall
be and become the property of said Osage County: Provided, That,
out of the funds so collected, the county treasurer of Osage County
shall pay to the county treasurer of Pawnee County the cost and ex-
penses of making such assessment and the levying of such taxes.
Sec. 32. The legislature shall provide by general, special, or local
law for the equitable division of the property, assets, and liabilities
of any school district existing in the Territory of Oklahoma between
such school district and any new school district created in whole or
in part of the territory of any such school district, as may be affected
by a change in the county boundaries under this constitution.
Sec. 33. All attorneys at law licensed to practice in any court of
record of the Territory of Oklahoma, or in any of the United States
courts for the Indian Territory, or any court of record of any of the
Five Civilized Tribes, shall be eligible to prnctice in any court of the
State without examination.
Sec. 34. Until otherwise provided by law, any newspaper, pub-
lished at the time of the admission of the State into the Union, in any
Oklahoma— 1907. 4339
new county, created in whole or in part out of the territory of any
county of Oklahoma Territory, or in any county, created in whole or
in part, out of territory within the limits of the Indian Territory or
Osage Indian Eeservation, shall, under the laws extended in force in
the State, be considered, in law, to have been published continuously
for fifty-two weeks in said county and shall be a newspaper entitled to
publish all legal notices, advertisements, or publications of any kind
required or provided by any law of the State.
Sec. 35. All debts and indebtedness, authorized to be incurred by
the constitutional convention of the proposed State of Oklahoma, and
all expenses of holding the election for the ratification or rejection
of this constitution and for the election of officers of a full state
government, which shall remain unpaid after the appropriation made
by the Congress of the United States has been exhausted, are hereby
assumed by the State; and it is hereby made the duty of the legisla-
ture, at its first session, to provide for the payment of same : Provided,
That the debts and indebtedness, the payment of which is hereby
assumed by the State, shall not include any debt or expense as a salary
or compensation of the delegates of the constitutional convention.
Sec. 36. The ordinance adopted by the constitutional convention,
entitled, " An ordinance, providing for an election, at which the pro-
posed constitution for the j)roposed State of Oklahoma shall be sub-
mitted to the people thereof for ratification or rejection, and submit-
ting separately to the people of the proposed State of Oklahoma the
proposed prohibition articlCj making substantially the terms of the
enabling act uniformly applicable to the entire State, for ratification
or rejection, and for the election of certain State, district, county, and
township officers provided for by said proposed constitution, and for
the election of members of the legislature of said proposed State of
Oklahoma and for five Representatives to Congress," is hereby rati-
fied and shall be valid for all the purposes thereof.
Sec. 37. Nothing in this constitution contained shall legalize or
make valid any illegal or invalid indebtedness of any county, city,
incorporated town, township, board of education, school district, or
other municipality, either in the Territory of Oklahoma or the Indian
Territory, or impair any defense against the payment of the same.
Sec. 38. Should the first session of the legislature, provided by this
constitution, fail to provide for the division of the property, assets,
and liabilities of any county existing in the Territory of Oklahoma
between such countj^ and any county or counties created in whole or
in part out of such county, original jurisdiction is hereby conferred
upon the supreme court to make equitable division of such property,
assets, and liabilities, and for the purpose of hearing and receiving
evidence and reporting findings of law and fact may appoint a special
master in chancery in any such case.
Sec. 39. The qualifications prescribed by the laws of Oklahoma
shall not apply to superintendents of public instruction, elected at the
time of the ratification of this constitution, in the Indian Territory
and Osage Indian Reservation.
Sec. 40. The terms of all officers of the State government elected at
the time of the adoption of this constitution shall begin upon the ad-
mission of the State into the Union.
Sec. 41. All persons elected at the time of the adoption of this con-
stitution to any of the offices provided under the constitution shall be
deemed to have duly qualified upon their taking the oath of office
4340 Oklahoma— 1907.
before any officer authorized by law to administer oaths, and exe-
cuting such bond as may be required by law.
Sec. 42. All officers elected at the time of the adoption of the con-
stitution shall execute such official bond as may then be required by
law or thereafter required by act of the legislature; and such bonds
shall inure to the benefit of the State or other beneficiary, for whose
protection or security the same shall be required.
Sec. 43. Wlien this constitution shall have been ratified by the peo-
ple of the State of Oklahoma and the State admitted into the Federal
Union, under the same, as engrossed on parchment and signed by the
officers and members of this constitutional convention, it shall be filed
in he office of the secretary of state and sacredly preserved by him, as
the fundamental law of the State of Oklahoma.
Done in open convention at the city of Guthrie, in the Territory of
Oklahoma, on this, the 16th day of July, in the year of our Lord
1907, and the Independence of the United States of America one hun-
dred and thirty-first.
Attest :
John McLain Young,
Secretary.
ClIAS. H. FiLSON,
Secretary of Oldahoma.
[SEAL.l
Wm. H. Murray,
President of the Constitutional Convention of the proposed State of
Oklahoma and Delegate from District No. 101^.
Pete IIanraty,
Vice-President.
Albert H. Ellis,
Second Vice-President arid Delegate IJf.., District.
Philip B. Hopkins,
District No. 75.
C. N. Haskell.
District' No. 76.
C. S. Leeper, 00 ; T. O. James, district No. 1 ; C. H. Pitt-
man; J. H. N. Cobb; C. AY. Board, 73; W. S. Bear-
ing, district 44; David S. Kose, district 15; Geo.
A. Henshaw, district 107; W. F. Hendricks, district
10; James H. Chambers, district 105; William J.
Caudill, district 50; Cham Jones, district 101; John
M. Carr, district No. 54; L. B. Littleton, district No.
32; J. B. Tosh, district 52; J. K. Hill, district 63;
J. J. Savage, district 48 ; J. S. Buchanan, district 34 ;
J. C. Graham, district 106; J. A. Alderson, district
12 ; Thad D. Rice, district 38 ; A. G. Cochran, dis-
trict 98; William N. Littlejohn, district 78; James
R. Copeland, district 62; C. V. Rogers, district 64;
B. E. Bryant, district 47; Samuel W. Hayes, district
85 ; James I. Wood, district 89 ; David Hogg, district
43; Flowers Nelson, district 68; Boone Williams, dis-
trict 97; W. L. Helton, district 24; Edward R. Wil-
liams, district 3; J. F. King, district No. 16; J. W.
Swarts, district 60; W. E. Banks, district 51; R. J.
Allen, district 03; Charles M. McClain, district No.
Oklahoma— 1907. 4341
86 ; Fred C. Tracy, district No. 2 ; G. M. Berry, dis-
trict No. 18; William C. Liedtke, district 83; J. A.
Baker, district 81 ; T. C. Wyatt, district 33 ; Charles
L. Moore, district No. 13 ; A. L. Haiisam, district TO ;
J. J. Quarles, district No. 6C; Ben. F. Harrison, dis-
trict 88; E. G. Newell, district 19; Hamner G. Tur-
ner, district No. 80; Delphas G. Harned, district 9;
J. Howard Langley, district 65; G. W. Wood, dis-
trict No. 8 ; J. S. Latimer, district 99 ; Ji;o. B. Harri-
son, 45; Joel M. Sandlin, district 22; L. J. Akers,
district 102 ; John L. Mitch, district 29 ; W. A. Led-
better, district 103; Christopher C. Mathis, district
100; Edwin T. Sorrells, district 92; Carlton Weaver,
district 87; Henry S. Johnston, district 17; J. E.
Sater, district No. 20 ; Milas Lasater, district 94 ; S. W.
Ramsey, district 30 ; R. L. Williams, district No. 108 ;
Henry L. Cloud, district 23 ; E. F. Messenger, district
No. 82 ; John J, Carney, district 36 ; Gabe E. Parker,
district 109 ; W, C. Hughes, district 28 ; H. O. Tener,
district 42 ; C. H. Bower, district 41 ; J. K. Norton,
district 35; Matthew J. Kane, district 37; Joseph J.
Curl, 57; O. H. P. Brewer, 77; A. S. Wyly, district
72; William H. Edley, district 53; George Norton
Bilby, district 6; T. J. Leahy, district 56.
Territory of Oklahoma, Logan County:
I, Wm. H. Murray, president of the constitutional convention of
the proposed State of Oklahoma, do hereby certify that the within
and foregoing is the original parchment enrollment of the constitu-
tion and the several articles thereof adopted by the constitutional con-
vention of the proposed State of Oklahoma, to be submitted to the
people of the proposed State of Oklahoma for ratification, and that
all the interlineations therein contained and all the erasures and words
stricken out were made and done before the same was signed by the
president, the vice-presidents, and the members of said convention.
Witness my hand this the 16th day of July, A. D. 1907.
Wm. H. Murray,
President of the Constitutional Convention of the proposed State of
Oklahoma.
Resolutions adopting the Constitution of the United States.
Whereas, the enabling act provides that a declaration be made by
the delegates to this convention adopting the Constitution of the
United States : Therefore, be it resolved by the organized convention,
that the delegates elected to the constitutional convention for the pro-
posed State of Oklahoma, assembled in Guthrie, the seat of govern-
ment of said Oklahoma Territory, do declare on behalf of the people
of said proposed state, that they, adopt the Constitution of the United
States.
I hereby certify that the above and foregoing resolution was duly
passed by the convention upon its organization, on the 21st day of
November, A. D. 1906.
7535— VOL 7—09 36
4342 Oklahoma — 1907.
I hereby certify that the above and foregoing is a true, correct, and
literal copy of the constitution for the proposed State of Oklahoma,
as the same is engrossed on parchment, and signed by the officers and
members of the constitutional convention and as certified to by Chas.
H. Filson as secretary of the Territory of Oklahoma, under the seal
of said Territory.
Given under our official signatures this 7th day of May, A. D. 1907.
AVm. H. Murray,
President, the Constitutional Convention of the yrofosed State of
Oklahoma.
Attest :
John McLain Young,
Secretary.
Accepting enabling act.
Be it ordained by the constitutional convention for the proposed
State of Oklahoma, that said constitutional convention do, by this or-
dinance, irrevocable, accept the terms and conditions of an act of the
Congress of the United States, entitled, "An act to enable the people
of Oklahoma and the Indian Territory to form a constitution and
State government and be admitted into the Union on an equal foot-
ing with the original States; and to enable the people of New Mexico
and of Arizona to form a constitution and State government and be
admitted into the Union on an equal footing with the original
States," approved June the 16th, anno Domini 1906,
I hereby certify that the foregoing ordinance accepting the terms
and conditions of the enabling act as the same has heretofore been
passed and engrossed, was engrossed with the engrossed copy of the
constitution on parchment, was read as engrossed and roll call had
thereon and the same duly adopted by a majority of the votes of all
the delegates elected to and constituting this convention, at 11.41
o'clock, a. m., this 22nd day of April, anno Domini 1907.
Wm. H. Murray,
President The Constitutional Convention
of the proposed State of Oklahoma.
Attest:
John McLain Young,
Secretary.
Prohibition.
ARTICLE SUBMITTING THE SAME SEPARATELY TO A VOTE OF THE PEOPLE.
The manufacture, sale, barter, giving away, or otherwise furnish-
ing, except as hereinafter provided, of intoxicating liquors within
this State, or any part thereof, is prohibited for a period of twenty-
one years from the date of the admission of this State into the Union,
and thereafter until the people of the State shall otherwise provide
by amendment of this constitution and proper State legislation. Any
Oklahoma^ 1907. 4343
person, individual or corporate, who shall manufacture, sell, barter,
give away, or otherwise furnish any intoxicating liquor of any kind,
including beer, ale, and wine, contrary to the provisions of this sec-
tion, or who shall, within this State, advertise for sale or solicit the
purchase of any such liquors, or who shall ship or in any way convey
such liquors from one place within this State to another place therein,
except the conveyance of a lawful purchase as herein authorized,
shall be punished, on conviction thereof, by fine not less than $50 and
by imprisonment not less than thirty days for each offense : Provided,
That the legislature may provide by law for one agency under the
supervision of the State in each incorporated town of not less than
2,000 population in the State; and if there be no corporated town of
2,000 population in any county in this State, such county shall be
entitled to have one such agency, for the sale of such liquor fors medi-
cinal purposes; and for the sale, for industrial purposes, of alcohol
which shall have been denaturized by some process approved by the
United States Commissioner of Internal Revenue; and for the sale
of alcohol for scientific purposes to such scientific institutions, uni-
versities, and colleges as are authorized to procure the same free of
tax under the laws of the United States; and for the sale of such
liquors to any apothecary who shall have executed an approved bond,
in a sum not less than $1,000, conditioned that none of such liquors
shall be used or disposed of for any purpose other than in the com-
pounding of prescriptions or other medicines, the sale of which would
not subject him to the payment of the special tax required of liquor
dealers by the United States, and the payment of such special tax
by any person within the State shall constitute prima facie evidence
of his intention to violate the provisions of this section. No sale
shall be made except upon the sworn statement of the applicant in
writing setting forth the purpose for which the liquor is to be used,
and no sale shall be made for medicinal purposes except sales to
apothecaries as hereinabove provided unless such statement shall be
accompanied by a bona fide prescription signed by a regular prac-
ticing physician, which prescription shall not be filled more than
once. Each sale shall be duly registered, and the register thereof,
together with the affidavits and prescription pertaining thereof, shall
be open to inspection by any officer or citizen of the State at all times
during business hours. Any person who shall knowingly make a
false affidavit for the purpose aforesaid shall be deemed guilty of
perjury. Any physician who shall prescribe any such liquor, except
for treatment of disease which after his own personal diagnosis, he
shall for each offense by fine of not less than $200 or by imprisonment
for not less than thirty days, or by both such fine and imprisonment ;
and any person connected with any such agency who shall be con-
victed of making any sale or other disposition of liquor contrary to
these provisions shall be punished by imprisonment for not less than
one year and one day. Upon the admission of this State into the
Union these provisions shall be immediately enforceable in the courts
of the State: Provided, That there shall be submitted separately, at
the same election at which this constitution is submitted for ratifi-
cation or rejection, and on the same ballot, the foregoing article — ,
entitled " Prohibition," on which ballot shall be printed for State-
wide prohibition and against State-wide prohibition : And provided
4344 Oklahoma— 1901.
further, That if a majority of the votes cast for and against State-
wide prohibition are for State-wide prohibition, the said article —
shall be and form a part of this constitution and be in full force and
effect as such, as provided therein; but if a majority of said votes
shall be against State-wide prohibition, then the provisions of said
article shall not form a part of this constitution and shall be null
and void.
I hereby certify that the above and foregoing provision and
ordinance submitting the same separately to a vote of the people of
the State as heretofore adopted on the 11th day of March, A. D. 1907,
as above engrossed, was adopted as engrossed upon roll call for the
pupose of such separate submission, on this the 22nd day of April,
anno Domini 1907.
Wm. H. Murray,
President The Constitutional G onvention
of the proposed State of Oklahowu.
Attest ;
John McLain Young,
Secretary.
(CONSULT THE TABLE OP CONTENTS)
Abolishment of slavery : Page.
The United States 31
Alabama 119, 135, 156, 185
Arkansas 1 295, 313, 336
California 392, 414
- Colorado 478
Delaware 567
Florida 702,706,734
Georgia 811, 823, 843
Illinois 962, 980, 1008
Indiana 1070, 1076
Iowa 1125, 1138
Kansas 1168, 1180, 1210, 1223. 1242
Kentucky 1287, 1310, 1318
Louisiana 1429
Mainland 1712
Michigan 1939, 1967
Mississippi :_ 2066, 2070, 2091
Missouri 2154, 2190, 2219, 2232
Nebraska 2349, 2361
Nevada 2408
North Carolina 2799, 2803, 2825
North Dakota 2855
Ohio 2909. 2914
Rhode Island 3223
South Carolina 3278,3279,3281
Tennessee 3445,3453
Texas 3539, 3563, 3587, 359S
Utah 3704
Vermont 3739, 3751, 3762
Virginia 3840. 3861, 3875
West Virginia 4031
Wisconsin . 4077
Absentees, provisions concerning :
The United States 20
Alabama 101, 109, 122, 136, 137. 159, 188
Arkansas 273, 293, 311, 339, 365
California 394. 417
Colorado 483
Connecticut 540
Delaware 571.585.608
Florida 669. 691, 708, 736
Georgia 786, 792, 812, 826, 849
Idaho - 922
Illinois 974, 988
Indiana — 1061. 1079
Iowa 1126, 1140
Kansas 1183. 1206
Kentucky 1266, 1279, 1295, 1320
Louisiana 1389,1394, 1403
Massachusetts 1921.
4345
4346 Index
Absentees, provisions concerning — Continued. Page.
Michigan 1957
Minnesota 2007
Mississippi 2044
Missouri 2198
Montana 2321
Nevada 2404
New York 2656, 2697
Nortli Dalvota 2869
Pennsylvania 3105
South Dakota 3372
Texas 3561,3584,3613,3657
Washington 3988
Wyoming 4133
Acceptance of office or gifts from foreign powers :
The United States 11,23
Adjacent waters, concurrent jurisdiction over :
Idaho 943
Indiana 1090
Kansas 1237
Minnesota 1988, 1993
Mississippi 2098
Missouri 2214
Nebraska 2358
Tennessee 3429
Wisconsin 4072
Admiralty jurisdiction in the Federal courts:
Tlie United States 25
Admission of new States :
The United States 26
Advice and consent of the Senate:
The United States 24
Agreement between States and foreign powers:
The United States 23
Agriculture, provisions concerning :
Alabama 150, 196, 197, 201, 202, 211, 215
Arkansas 322, 355
California 461
Colorado 506
Delaware 629
Idaho 944
Kansas 1253
Maryland ._ 1716, 1745, 1783
Massachusetts 1907
Michigan 1939, 1901
Minnesota 1993
Mississippi 2080, 2086, 2114
Montana 2332
Nevada - 2418
New Hampshire 2467, 2487
. North Carolina 2809,2818,2830
North Dakota 2882
South Carolina 33.39
South Dakota 3384
Texas - 3610,3629,3645
Utah 3720
Virginia 3879
Alabama, the State of :
Proprietary charter of Carolina, 1663 2743
Proprietary charter of Georgia, 1732 765
Constitution of Georgia, 1777 777
Act of Congress establishing the Territorial government of Missis-
sippi, 1798 2025
Act of Congress establishing the Territorial government of Alabama,
1817 89
Treaty with Spain ceding Florida, 1819 649
Enabling act of Congress for Alabama, 1819 92
Index 4347
Alabama, the State of — Continued. Page.
Resolution for the admission of Alabama 05
Constitution of Alabama —
1819 96
Constitution of Alabama, 1865 116
Constitution of Alabama, 1867 132
Constitution of Alabama, 1875 15H
Constitution of Alabama, 1901 182
Alaska :
Treaty ceding Alaska 235
Civil government in Alaska 238,243
Albany, plan of union 83
Allegiance to the Federal Union :
Alabama 135, 181
Arkansas 306
Florida 696,705,720,721,724,747
Georgia 815, 817, 824, 832. 845
Maryland 1742, 1748
Massachusetts 1908
Mississippi 2070, 2091
North Carolina 2801,2822
North Dakota 2854
South Dakota 3372
Utah 3702
Washington 3973
Wyoming 4120
Aliens, ineligibility of :
The United States 24
Alliance by States prohibited :
The United States 23
Ambassadors, provisions concerning :
The United States 24
Amendment of the Constitution, provisions concerning the :
The United States 26
Alabama 112, 131, 153, 181, 231
Arkansas 277, 295, 326, 367
California " 402,445
Colorado 508
Connecticut 547
Delaware 568, 580, 596, 631
Florida 679, 701, 727, 758
Georgia 801, 822, 842, 873
Idaho . 948
Illinois 981, 1006, 1045
Indiana 1068, 1091
Iowa 1134, 1153
Kansas 1192. 1219, 1238, 1257
Kentucky ^ 1273, 1288, 1311, 1354
Louisiana 1390, 1407, 1426, 1447, 1467, 1514, 1592
Maine . 1664
Maryland 1741, 1774
Massachusetts 1913
Michigan 1940, 1909
Minnesota 2018
Mississippi 2040,2062,2087,2127
Missouri 2162, 2216, 2270
Montana 2333
Nebraska 2359, 2384
Nevada 2423
New Hampshire 2490, 2513
New Jersey 2613
New York 2672, 2735
North Carolina 2798, 2821, 2842
North Dakota 2880
Ohio 2933
Oregon 3016
4348 Index
Amendment of the Constitution, provisions concerning the — Cont'd. Page.
Pennsylvania 3115, 3148
Rhode Island 3234
South Carolina 3257,3279,3304,3342
South Dakota 3394
Tennessee 3439, 3467
Texas 3617, 3663
Utah 3730
Vermont 3748, 3761. 3771
Virginia 3897, 3955
Washington 4003
West Virginia 4032, 4063
Wisconsin 4093
Wyoming 4150
Annexation of territory :
Alabama . 110, 140, 193
Arkansas 284,303
Louisiana 1425
Maryland 1758
Appointment of Members of Congress to civil office:
The United States 21
Appointment of Federal officials to positions in State governments :
Alabama 109,121,127,138,201,231
Arkansas 298, 337, 342
California . 395
Colorado 482
Connecticut 546
Delaware 564, 572, 586
Florida 674, 697. 723
Georgia 780,849
Illinois 987, 1016
Indiana 1062, 1081
Iowa 1128, 1142
Kansas .. 1186, 1225, 1245
Kentucky 1267, 1281, 1296
Louisiana 1389, 1398, 1416, 1436, 1456
Maine 1656
Maryland 1722, 1791
Massachusetts 1913
Michigan 1933, 1946, 1948
Minnesota 1996
Mississippi 2038. 2054, 2061, 2156
Missouri 2152, 2215, 2269
Montana 2305
Nebraska 2352, 2364
North Carolina 2792, 2843
North Dakota 2857
Ohio 2904, 2905, 2920
Oregon 3003
Pennsylvania 3107
South Carolina 3262, 3286, 3315
Tennessee 3418. 3433, 3459
Texas 3561,3584
Utah 3707
Washington 3977
West Virginia 4020,4041
Wyoming 4121
Apportionment and census :
The United States 19
Alabama 100, 115, 121, 145. 146. 172. 173. 188
Arkansas 275. 294, 326. 350
California 394. 396, 408. 416
Colorado 482, 486
Connecticut 539, 551
Delaware 562, 570, 584. 603
Florida 676. 098, 719, 748
Georgia 778, 786, 790, 792, 812, 827, 828, 846
Index 4349
Apportionment and census — Continued. Page.
Idaho 947
Illinois - 973, 988, 991, 1Q17, 1077
Indiana '— 1060
Iowa 1126, 1140
Kansas 1183.1194,1207,1240.1254
Kentucky 1265, 1279. 1292. 1293, 1319, 1320
Louisiana 1382, 1393, 1408, 1412, 1413, 1430, 1431, 1451, 1472, 1524
Maine 1651,1653
Maryland 1691, 1692, 1693, 1721, 1752, 1789, 1790
Massaeliusetts 1895, 1898. 1915, 1916. 1919, 1920
Michigan 1933,1946
Minnesota 1998
Mississippi 2036, 2074, 2083, 2122
Missouri 2146, 2152, 2200, 2201, 2233, 2234, 2235
Montana 2310
Nebraska 2351, 2364, 2368
Nevada 2425
New Hampshire 2477.2478,2500,2501
New Jersey 2595
New York 2629, 2631, 2638, 2640, 2641. 2656, 2657. 2698, 2703, 2704
North Carolina 2790. 2795, 2803, 2805, 2825
North Dalvota 2857, 2885
Ohio 2902,2928
Oregon 3003
Pennsylvania 3093, 3103, 3105, 3125
Rhode Island 3228
South Carolina 3245,
3250, 3251, 3252, 3258, 3259, 3266, 3270, 3285, 3286, 3312, 3313
South Dakota 3359,3388
Tennessee - 3414, 3415, 3430, 3443. 3453
Texas 3552, 3597, 3618. 3626
Utah ■_ 3707,3718
Vermont 3743, 3755, 3765
Virgina 3815,
3816, 3821, 3822, 3823, 3833, 3834, 3836, 3856, 3857, 3880, 3882, 3912
Washington 4001
West Virginia 4018,4019,4040,4041
Wisconsin 4081
Wyoming 4121, 4126
Appropriations of money, provisions concerning :
The United States 21
Alabama 102,123,137,160,161,162.189,190,191
Arkansas 27.3, 293, 303, 304, 312, 313, 323, 324. 340, 341, 359
California 395,401.419.420
Colorado 483, 485, 496, 497, 498, 499, 500
Connecticut ^42
Delaware— 563.572,586,609.626.627
Florida 670.675,691,697,708.718,736,741,750
Georgia 779,787,793.814,815,828,830.851,854
Idaho 922, 933
Illinois 974. 989. 1004. 1019. 1020
Indiana 1061,1062.1079.1087
Iowa __- 1127,1132,1141,1148
Kansas 1184, 1191. 1206, 1211, 1212. 1228. 1234, 1246. 1.555
Kentucky 1267. 1281. 1296. 1321. 1.342
Louisiana 1384. 1396, 1415. 1435. 1455, 1476. 1528
Maine 1659
Maryland 1687, 1723, 1755, 1794
Massachusetts 1899, 1902
Michigan 1934, 1947
Minnesota 1996, 1997
Mississippi - 2038, 2073, 2074. 2096, 2097
Missouri 215.3, 2203, 2238
Montana 2307
Nebraska 2354. 2365
Nevada 2407,2408
4350 Index
Appropriations of money, provisions concerning — Continued. Page.
New Hampshire 2452, 2458, 2477, 2499, 2505
New Jersey 2.^96. 2603
New Yorlv 2G41 , 2659. 2668, 2706, 2708, 2727
North Carolina 2791. 2800, 2826
North Daliota 2859
Ohio 2903, 2916
Oregon 3004
Penn.sylvania 3094, 3106, 3125, 3128
Rhode Island 3227
South Carolina 3252, 3261, 3265, 3272, 3287, 3.314
South Dakota 3-361
Tennessee .3416, 3431, 3455
Texas 3.551, 3573, 3.585, 3596, 3627, 3628, 3657
Utah 3709
Vermont 375.5,3765
Virginia 3810, 3824, 38.39, .38.59, 3884
Washington 3977.3979
West Virginia 4020, 404.3, 4045
Wisconsin 4082
Wyoming 4122
Approval by I'resident of acts of Congress :
The United States 21
Arbitration and conciliation, provisions for tribunals of :
Alabama : 110
Colorado 507
Indiana 1085
Louisiana 1441
Miohigiin 1955
Arizona :
Treaty with Mexico. 18.53 2.55
Territorial government, 1863 259
Arkansas, the State of :
Treaty with France ceding Louisiana. 1803 1.359
Act of Congress establishing the district government of Louisiana,
1804 1.364
Act of Congress establishing the Territorial government of Louisiana,
180.5 1373
Act of Congress establishing the Territorial government of Missouri,
1812 21.39
Act of Congress establishing the Territorial government of Arkansas.
1819 201
Constitution of Arkansas. 1836 268
Act of Congress enabling Arkansas to become a State, 18.36 264
Supplementary act of Congress enabling Arkansas to become a State,
1836 266
Ordinance of acceptance by Arkansas. 1836 267
Constitution of Ai-kansas. lsc,4 288,4157
Constitution of Arkansas, 18r)8 306
Constitution of Arkansas, 1874 .333
Armies, provisions concerning :
The United States 22.23.24
Arrest, privilege of exemption from :
The United States 21
Articles of confederation (U. S.. 1777) 9
Attendance of Members of Congress compelled :
The United States 20
Attorney-General : '
Alabama 1.30,
140, 144. 16.3, 164, 167, 171. 191, 196, 197, 200, 201, 202, 207, 215
Arkansas 272, 292, .315, 316, 317, .341. .342
California 398. .399, 418. 424
Colorado , 478,479
Delaware 579, 611. 613
Florida 711, 715, 728, 741. 742
Georgia 861.862
Idaho 92.5, 928, 932, 934, 936, 9.37
Index 4351
Attorney-GtEneral — Continued. Page.
Illinois 1023. 102G
Indiana 1092
Iowa 1155
Kansas 1185
Kentucky 1269, 1283, 1287, 1328, 1329
Louisiana 1402, 1421, 1440, 1461, 1.538
Maine 1662
Maryland 1697, 1699, 1700, 1704, 1734. 1767, 1810
Massachusetts 1909, 1918
Michigan 1937, 1957
Minnesota 1985, 2003, 2018
Mississii)pi 2038, 2057, 2079, 2110
Missouri 2154, 2160, 2206, 2211, 2244, 2246, 2252
Montana 2286.2.311.2312
Nebraska 2371
Nevada 2395, 2412
New Hampshire 2464, 2482. 2505
New Jersey 2611
New York 2644.2661.2662.2673.2712.2714
North Carolina 2791. 2792. 2807. 2809, 2827, 2829. 28.39
North Dakota 2849
Ohio 2900, 2919, 292,6
Oklahoma 2947, 2952
Oregon 2991
Pennsylvania 3130. 3131
Rhode Island 3230, 3338
South Carolina 3247, 3254, 3295, 3321, 3.325
South Dakota 3368
Tennessee 3445, 3462, 3470
Texas 3555, .3578, 3603. 3631, 3634
Utah 3691, 3710. 3713, .3714
Virginia 3817, 3828, 3849, 3869. 3887, 3901, 3926
Washington 3968, 3980. 3982
West Virginia 4022,4046,4049
Wisconsin 4069, 4085
Wyoming 4109
Attorneys, circuit, district, and territorial :
Arkansas 281, 282, 287, 300, 342, 366
California 408, 410
Colorado 490
Delaware 579, 595
Georgia 820, 861. 862
Idaho 910. 952
Illinois 1001. 1031
Indiana 1085
Iowa 1115, 1131. 1147, 1148, 11,55
Kansas 1166. 1209. 1229, 12.31. 1232
Kentuckv 1283, 1.305. 1329
Louisiana 1366. 1367, 1,379, 1492. 1.544
Maryland 1768, 1810. 1811
Massachusetts 1909
Michigan 1937. 1959
Minnesota 198,5, 2003, 2018
Mississippi 20,57. 2079, 2110
Missouri 2219
Montana 2319
Nebraska 2366,2386
Nevada 2411
New York 264.5, 2692, 2730, 2735
North Carolina 2812, 2832
North Dakota ^ 2876
Oregon .3010
South Carolina 3295, .3.325
South Dakota 2849, ,",377
Tennessee ■ 3416, ;!435, :;4()2
Texas 3578.-3606, 3641, 3642
4352 Index
Attorneys, circuit, district, and territorial — Continued. Page.
Utah 3716
Vermont 3775,3776,3777
Virginia 3848, 3849, 3869, 3889
Washington ,3968
West Virginia 4056
Wisconsin 4069
Wyoming 4109,4143,4144
Auditors of accounts :
Alabama 196
Arkansas 315, 316, 342, 344
Colorado 478,481
Delaware 611
Idaho 924. 925. 928
Illinois 984, 998, 1023
Indiana 1065, 1083, 1084
Iowa 1130, 1146
Kansas 1205, 1228, 1244
Kentucky 1.300, 1328, 1329
Louisiana 1440, 1458, 1461, 1532, 1.535
Massachusetts- _._ 1918
Michigan 1937, 1957
Minnesota 2003. 2018
Mississippi 2041, 2059, 2077
Missouri ^ 2155, 2157, 2206, 2244. 2246. 2252
Montana 2311,2312
Nebraska 2354, 2360, 2371
New Jersey 2012
North Carolina 2807, 2809, 2827. 2829. 2839
North Dakota 2863, 2864
Ohio 2908, 2919, 2926, 2929
Pennsylvania 3130, 3131, 3133. 3143, 3414
South Dakota 3365, 3377
Vermont .3758, 3769, 3778
Virginia 3876, 3879, 3920
Washington 3980,3982
West Virginia 402.3. 4046
Wyoming 4128, 4129
Authorities, list of iii-xxm
Bail:
The United States 30
Alabama 98, 118, 134, 155, 184
Arkansas , 270, 290. 307, 335
Cahfornia 391,413
Colorado 477
Connecticut 538
Delaware .509.583,002
Florida 665, 686, 705, 733, 810. 823, 843
Georgia 785
Idaho 919
Illinois 982, 1008, 1014
Indiana 1059, 1075
Iowa 1125.1138
Kansas ^_ 1180. 1216, 1223, 1242
Kentucky 1275, 1290, 1313, 1318
Louisiana .___ 1442, 1449, 1523
Maine 1647
Maryland 1714. 1743, 1781
Masachusetts-- 1892
Michigan 1932
Minnesota 1992
Mississippi 2034,2050.2069,2093
Missouri 2193
Montana 2303
Nebraska 2349, 2.362
Nevada 2403
New Hampshire 24.57, 2474, 2407
Index 4353
Bail — Continued. Page.
New Jersey 2600
New York 2694
North Carolina 2788, 2801, 2823
North Dakota 2854
Ohio 2911,2914
Oregon 2999
Pennsylvania _• 3089, 3101, 3122
Rhode Island 3222
South Carolina 3264, 3278, 3282, 3308
South Dakota 3371
Tennessee 3423. 3427, 3450
Texas 3548, 3571, 3592, 3622
Utah 3703
Vermont 3746,3759
Virginia 3813,3830,3874,3906
Washington 3974
West Virginia 4014,4035
Wisconsin 4077
Wyoming 4118
Ballot :
Alabama 99, 131. 144, 172, 209
Arkansas 320,333,337
California 393. 415
Colorado 493
Connecticut 544
Delaware 589,620
Florida -- 675, 697, 720. 748
Georgia 789, 800, 820, 825, 845
Idaho ^ 932
Illinois 1002, 1034
Indiana 1067. 1077
Iowa 1125, 1139
Kansas 1181, 1211. 1235, 1250
Kentucky 1269, 1308, 1336
Louisiana 1389, 1397, 1404, 1422, 1463, 1501. 1565
Maine 1649
Maryland 1698, 1716, 1746. 1777, 1783
Massachusetts ■ 1898. 1932
Michigan 1932. 1957
Minnesota 2008
Mississippi 2035, 2044, 2052, 2079. 2120
Missouri 2194, 2253
Montana 2321
Nebraska 2378
Nevada 2405
New Hampshire 2459, 2477. 2500
New York 2643, 2656, 2698
North Carolina 2790, 2815, 2836
North Dakota 2869
Ohio 2907, 2924
Pennsylvania 3089, 3108, 3138
Rhode Islaud__ 3230
South Carolina 3243, 3260, 3297. 3309
South Dakota 3372
Tennessee 3418. 3434, 3460
Texas ^ 3560. 3583, 3612. 3643
Utah 3706
Vermont 3742, 3759, 3765
Virginia . .3856, 3876, 3909
Washington 3988
West Virginia 4016,4038
Wisconsin 4080
Wyoming 4.I33
Bankruptcy, power to establish laws fob:
The United States 22
4354 Index
Banks and banking : Page.
Alabama 111, 151, 178. 179. 223, 225
Arkansas 285, 287. 323, 324, 356
California 390, 397, 4.37, 438. 4.39, 460
Colorado 505
Delaware 628
Florida 678, 700
Georgia 853
Idaho 939
Illinois 1005, 1006, 1041, 1042
Indiana 1087. 1088, 1089
Iowa 1132. 1149. 1150
Kansas 1193, 1213, 1235, 1237. 1256
Kentucky 1345
Louisiana 1423. 1424. 1442. 1443, 1511, 1578. 1579
Maryland 1757, 1758. 1759
Michigan 1964
Minnesota 2011, 2016
Mississij)!)! 2085
Missouri 2161.2212,2265,2267
-Montana 2330
Nebraska 2383
Nevada 2417
New York 2669
North Dakota--- 2871
Ohio 2931
Oregon 1 3013
Pennsylvania .3145
South Carolina 330.3. 3333
South Dakota 3386
Texas 3629. 3652
rtah 3723
Virginia 3936. .3951, .3953
Washington 3995.3996
West Virginia 4031, 4058
Wisconsin 4093
Wyoming 4140
Barratry, provision for the punishment of:
Texas 3659
BETTIXd AT ELECTIONS :
New York 2656,2697
Bible, the. in public schools 2092
Bibliography. (.S'rc List of authorities.)
Blind, the. provisions for :
Alabama 229
Arkansas .367
Colorado 493
Florida 718,754
Idaho 938
Indiana 1087
Kansas 1233. 1253
Louisiana 1466
Mississippi 2086
Nevada 2420
North Carolina 1 2820. 2841
North Dakota 2888
Ohio 2925
South Carolina 3302
South Dakota 3383
Texas 3590. 3629. 3644
Utah 3728
Washington .3998
West Virginia 4031, 4061
Boards of education :
Alabama ^_ 110, 148, 177. 227
California 431, 455
Colorado ^ 494
Index 4355
Boards of education — Continued. Page.
Florida 753
Iowa 1150
Kentucivy 1344
Maryland 1772
Mississippi • 2080, 2114
Missouri 21G0, 2212, 2263
Montana 2323
Nebraska 2358,2378
Nevada 2418
New Hampshire 2407, 2487, 2510
New Jersey 2604
New Yorlc 2729
North Carolina 2817
North Daliota 2872
Oregon 3011
Pennsylvania 3091, 3112, 3130, 3142
Rhode Island 3233
South Carolina 3300, 3337
South Dakota 3373
Tennessee 3440
Texas 3564, 3588, 3609, 3643
Utah 3720
Virginia 3892, 3932
Washington 3991
West Virginia 4030. 4059
Wisconsin 4091
Wyoming 4135
Boundaries of States :
Alabama 89, 92, 96, 120, 135. 157, 185
Arkansas 261, 264, 268, 288, 309, 333
California 405. 448
Colorado 463, 470. 475
Florida 650, 663, 678, 700, 706, 734
Georgia 794
Idaho 905, 913, 945
Illinois 956, 962, 967. 972. 986. 1013
Indiana 1054, 1056, 1090
Iowa 1111.1112,1121,1123,1136
Kansas 1161.1202
Kentucky 1263
Louisiana 1360, 1364. 1376. 1378. 1380, 1381
Maine 1621, 1625, 1637, 1641, 16444
Maryland 1678
Massachusetts 1834, 1871, 1873, 1876
Michigan 1944
Minnesota 1993
Mississippi 2032, 2071. 2090
Missouri 2145, 2150. 2229
Montana 2281.2300
Nebraska 2343.2359
Nevada 2391. 2397. 2421
New Hampshire 2433, 2437, 2439, 2441, 2443
New Jersey 2533, 2551, 2560, 2565, 2567. 2585
North Carolina 2762
North Dakota 2845. 2884
Ohio 2897. 2909
Oklahoma 2939
Oregon 2986.2996
Panama Canal Zone 3021, .3025. 3031
Pennsylvania .3036,3070
Philippine Islands 315.3, .3154
Porto Rico .3154
Rhode Island 3205
Couth Carolina 2762
South Dakota 2289, 3358
Tennessee ._.„, .3424. 3429, .3452
4356 Index
Boundaries of States — Continued. Page.
Vermont 3738
Virginia 3784,3803
Wasliington 3963.4003
West Virginia 4011, 4013. 4020. 4043
Wisconsin • 4065, 4072. 4079
Wyoming 4105,4120
Bribery :
The United States 25
AIal)ama 162, 192
Arlvansas 341
California 404, 422
Colorado 486
Connecticut 544
Delaware 574, 589, 620
Florida 708.748
Georgia 814, 815, 829, 866
Idaho 932
Illinois 1016
Indiana ^ 1076
Kansas 1252
Kentucky 1307
Louisiana 1422, 1441, 1463, 1500. 1559
Maryland . 1717. 1747. 1784
Massachusetts __- 1910
Minnesota 1997
Mississippi 2044, 2073. 2094
Missouri 2198
Montana - 2309. 2310
Nevada 2406
New Hampshire 2470,2489,2512
New Jer.'^ey 2601
New York 2656.2692,2697
North Dakota _'_ 2863
Ohio 2908
Oregon 3001
Pennsylvania . 3129,3139
Rhode Island 3231
South Dakota 3362
Tennessee 3465
Texas 3560, 3583
Vermont 3746, 3759
Virginia .3875, 3908
Washington 3979
West Virginia 4041, 4045
Wisconsin 4081
Wyoming 4121
Bull of Pope Alexander 41
Cabot, John, letters patent to 45
California, the State of :
Treaty with Mexico ceding California, 1848 377
Constitution of California, 1849 391
Act for the admission of California. 1850 390
Constitution of California, 1879 412
Canals :
Alabama 179. 224
Arkansas 360
Colorado 507
Georgia 830.8.51.875
Idaho 920
Illinois 1046
Indiana 1088
Louisiana 1501, 1561, 1581
Maryland 1770, 1798, 1820
Michigan 1940
Mississippi 2031
New York „. ,,-,— 2652, 2667, 2689, 2724
Index 4357
Canals — Coutinued. Page.
West Virginia 4058
Wisconsin 4075
Captures by sea and land, provisions concerning :
Georgia 783
Censors, council of :
Vermont 3744, 374G, 3755. 3756, 3757, 3758, 37G0, 376G, 3771
Census and apportionment. {See Apportionment and censns.)
Chancellors :
Alabama 142, 168, 203, 204
Delaware 575, 590, 614
Florida 072,694
Maryland 1699, 1700
Mississippi 2078, 2089, 2107, 210S, 2109
Missouri 2159
New Jersey 2608
New York 2634, 2647
Tennessee 3436
Charters and commissions, 39-86. {See under the several original
States; aZso Maine.)
Chinamen :
California 446
Oregon *_ 3001
Cities, provisions concerning {sec also Corporations and special leg-
islation) :
Alabama 221
Arkansas 356
California 4.33, 456, 457, 458, 459, 460
Colorado 504, 513, 514, 515, 516, 517
Connecticut 552, 553, 555
Florida 749
Idaho 941
Illinois 1005, 1037, 1041
Iowa 1150
Kansas _ 1191 1213
Kentuckv-ir. ir_r.r_r r__j__"i338, 1339, 1340,1341, 1343! liss
Louisiana 1390, 141.3, 1424,
1439, 1444; 1461, 1466, 1467, 1470, 1493, 1495, 1497, 1498, 1513,
1521, 1522, 1546, 1550, 1551, 1552, 1553, 15.54, 1555, 1556, 1557,
1566, 1578, 1580, 1585, 1586, 1589, 1590, 1591, 1592, 1595, 1597,
1598, 1601, 1602, 1605, 1607, 1608, 1609, 1610, 1611, 1612, 1613
Maine . 1656
Maryland 1692, 1693, 1706, 1707, 1710, 1712, 1763
Massachusetts 1918
Michigan 1959, 1964
Minnesota 2016
Mississippi 2111
Missouri 2254, 2257, 2259, 2260, 2261, 2262, 2276, 2278, 2279
Montana 2325, 2331
Nebraska 2382,2.383
Nevada 2416,2419
New York 2690, 2709, 2725, 2727, 2732, 2733
North Carolina 2815, 2836
North Dakota 2869
Ohio 2908, 2931
Oregon 301.3, 3020
Pennsvlvania 3085, 8086, 3120, 3144, 3145
South Carolina 32, 99, 3329, 3377
South Dakota 3406, 3407
Texas 3650, 3673
Utah 3712
Vermont 375.5, 3765
Virginia 3889,3927
Washington 3990, .3993
West Virginia 4057, 4058
Wisconsin 4098
Wyoming 4142
7535— vol 7—09 37
4358 Index
Clergymen not eligible to office: Page.
Delaware 579
Georgia 785
Kentucky 1281,1298
Louisiana 1384, 1396, 1435
Maryland 1722
Mississippi 2044
Missouri 2152
New York 2037,2648
North Carolina 2793
South Carolina 3253, 3261, 3273
Tennessee 3420. 3437, 3465
Texas 3574
Virginia 3838
Clerks of courts :
Alabama 107, 129, 170, 206
Arkansas 272. 300, 319, 346
California 400, 429
Colorado 490
Delaware 565
Florida 672,694,714.743,745
Georgia 799
Idaho . 930
Illinois . 10(10, 1001, 1031, 1032
Indiana L 1066, 1083
Iowa 1131
Kansas 1188, 1209, 1231, 1249
Kentucky 1271, 128.1, 1301, 1302, 1304. 1329, 1332, 1333
Louisiana 1387, 1402, 1418, 1420, 1439, 1440. 1492. 1537, 1544
Maryland 1700, 1727, 1730, 17(n, 17<;3, 1764, 1765
Massachusetts 1909
Michigan 19.37, 1954
Minnesota 2007
Mississippi 2043, 2056, 2078, 2109
Missouri 2159,2211,2249
Montana 2319
Nebraska , 2375
Nevada : 2415
New Hampshire 2467, 2487, 2510
New Jersey 2609
New York 26.34,2665,2686,2722
North Carolina 2831
North Dakota 2867
Ohio 2906, 2923
Oregon 3010
Pennsvlvanla ^— 3099, 3117, 314.3, .3144
South Carolina .3295. 3325
South Dakota .33.59, .3.366
Tennessee .3416. .3419, .34.36. .3463
Texas .3.554, 3.577, 3578. .360.5, .3638
Utah 3717
Vermont .3770
Virginia 3828, 3848, 3868. .3927
Washington .3987
West Virginia 402.5. 4052
Wisconsin 4088
Wyoming 4131
Colorado, the State of :
Treaty with France, ceding Louisiana, 1803 1359
Com-entlon between the United States and Texas, 1838
Treaty with Mexico ceding Texas. 1848
Act of Congi-ess establishing the TeiTitorlal government of Colorado.
1861 463
Act of Congress enabling Colorado to become a State. 1875 470
Constitution of Colorado. 1876 474
Proclamation admitting Colorado, 1876 473
Commerce, power to regulate:
The United States 22
Index 4359
Commissions AND GRANTS : Page.
The United States 12,14,22
Ahibama 104, 113,i:i0, 141, 161
Arkansas 278,816,342
California 398, 424
Connecticut 541
Delaware ^ 560
Florida 667, 689, 711, 740
Idaho 927
Illinois 998
Iowa 1130, 1146
Kansas 1186, 1204, 1229, 1244
Kentucky 1285
Louisiana 1387, 1399, 1438, 1439, 1458, 1483, 1536, 1581, 1584
Maine 1621, 1625, 1637, 1641, 1644, 1662
Maryland 1728
Massachusetts 1910
Michigan 1936, 1952
Mississippi 2040, 2058, 2076, 2104
Missouri — 2207, 2247
Montana 2315
Nebraska 2355, 2374
Nevada 2411
New Hampshire 2488, 2511
New Jersey 2612
North Carolina 2791, 2809, 2830
Ohio 2905
Orearon 3007
Pennsylyania 3099, 3133
Rhode Island 3229
South Carolina 3264, 3277, 3291, 3320
Tennessee 3418,3433
Texas 3558, 3581, 3602, 3634
Utah 3714
A^ermont 3745,3758.3768
Virginia 3827, 3844, 3864, 3919
Washington 3982
AVest Virginia 4035
Wyoming 4129
Common carriers, railroad companies declared:
Alabama 224
Colorado 505
Idaho 939
Kentucky 1346
Louisiana 1579
Common lands, provisions concerning:
Illinois 1006
Common law, the :
Delaware 566
Florida 680
Maryland 1713,1742,1780
New Jersey 2613
New York 2649, 2655
Compensation for slaves :
The United States.— 32
Arkansas 313
Georgia 811
Kansas ^ 1210
Kentucky 1310
Louisiana 1465
Maryland 1757
Mississippi . 2045. 2062
Missouri 2203
North Carolina 2801, 2823
South Carolina 3295
Compensation of members of legislative bodies :
The United States 21
Alabama 102, 123, 138, 158, 188
4360 Index
Compensation of members of legislative bodies — Continuod. Page.
Arkansas 273, 293, 328, 359
California 395,419
Colorado 482
Connecticut 553
Delaware 571, 585. 609
Florida 670, 692, 723, 728, 738
Georgia 852
Idaho 924
Illinois 989, 1021
Indiana 1071. 1080
Iowa 1128, 1142
Kansas 1185. 1200, 1228. 1245
Kentucky 1267. 1280. 1295. 1320
Louisiana 1383, 1414, 14.34, 1454, 1.529
Maine 1655
Maryland 1725
Massachusetts 1898
Michigan 1934, 1947
Minnesota 1996
Mississippi 2038, 2054, 2067, 2073, 2095
Missouri 21.54, 2202, 2236
Montana 2305
Nebraska 2353, 2364
Nevada : 2408
New Hampshire 2462,2477,2500
New Jersey 2603
New York _— 2641,26.59,2677,2705
North Carolina 2827
North Dakota 2858
Ohio 2903,2918,2919
Oregon 3005
Pennsvlvania 3094
Rhode Island 3227
South Carolina 3255, 3261, 3272
South Dakota 3359
Tennessee 3416,3431,34.56
Texas 3551, 3575, 3596, 3626
Utah 3707
Vermont 3747. .3758
Virginia 3824, 3839, 38.59, .3912
Washington 3977
West Virginia 4021,4022,4023,4044
Wisconsin 4082
Wyoming 4121
Compensation of State officers :
Alabama 103, 141
Arkansas 296, .300, 317, 366
California 424
Colorado 481
Connecticut 541
Delaware 573. .587
Florida 667,742
Georgia 787,855,862
Idaho 928
Illinois 976. 990. 1027
Indiana 1063.1083
Iowa 1130. 1143, 1145
Kansas 1231.1249
Kentucky 1281,1296,1298,1303
Louisiana 1385,1398,
1437, 1440. 1445. 1456, 1458, 1461, 1483, 1494,
1495, 1496, 1516. 1.534, 1.535, 1551, 1553, 1604
Maine 1657
Maryland 1738, 1740, 1762, 1763, 1764, 1771
Massachusetts 1903
Michigan 1936,1952,1958
Index . 4361
Compensation of State officers — Continued Page.
Minnesota ^004
Mississippi 2041, 2058, 2075, 2076. 2077, 2103, 2104, 2105
Missouri 2157, 2205, 2247
Montana 2312
Nebraslva 2355, 2357, 2374
Nevada 2407, 2408
New Hampshire 2465, 2484, 2507
New Jersey 2606
New York 2664, 2679, 2691, 2711
North Carolina 2809. 2830
North Dakota 2864
Ohio 2903, 2921
Oregon 3014
Pennsylvania 3107
Rhode Island 3227, 3230
South Carolina 3255, 3262,3305, 3319
South Dakota 3393
Tennessee 3416, 3433, 3458, 3462
Texas 3557,3578,3579,3600,3606,3635
Utah 3714
Vermont 3747, 3758
Virginia 3826, 3863, 3878, 3879, 3918. 3920
Washington 3982, 3986
West Virginia 4021, 4022, 4023, 4049
Wisconsin 4084, 4085, 4101
Wyoming 4128, 4129
Comptroli-ers {sec Auditors) :
California 398, 399
Connecticut 543, 549
Florida 690, 712, 741, 742
Georgia 832, 853. 857, 858
Maryland 1735, 1736, 1768, 1769
New York 2661
Texas 3602, 3631, 3635
Compulsory education, provisions concerning :
Colorado 496
North Carolina 2841
South Carolina 3300
Texas 3609
Concurrent jurisdiction over adjacent waters :
Idaho 943
Indiana 1090
Kansas 1237
Minnesota 1988, 1994
Missouri 2214
Nebraska 2358
Tennessee 3429
Wisconsin 4072
Congress of the United States, the :
To take census 19
Election of Members 20
When to meet i 20
To .iudge of its Members 20
To establish rules 20
To punish for disorder 20
To expel its Members " 20
To keep a journal 20
To impose taxes and duties 21
To borrow money 21
To regulate commerce 22
To make bankrupt laws ^ 22
To make naturalization laws 22
To coin money 22
To punish counterfeiting 22
To establish ))ost offices and roads 22
To promote art 22
4362 Index
Congress of the United States, the — Continued. Page.
To constitute the inferior courts 22
To punish piracy 22
To dechire war 22
To raise armies '. 22
To maintain a navy 22
To provide for the militia 22
To suppress insurrection 22
To repel invasion 22
To legislate for the Territories 22
To jiass general laws '. 22
Not to prohibit migration 22
Not to confer titles of nobilit.v 22
To regulate choice of President 28, 21:
To provide for the case of death of I'resident and Vice-President 24
For appointment of officers . 20
Extra session of 25
To regulate the .iudiciary 22,24,25
To fix place of trial for crimes 25
To declare punishment for treason 25,20
To i>rovide for proving State records 2(i
To admit new States 20
To govern the Territories 2(5
To amend the Constitution 20
Not to interfei-e with religion 29
To count the votes for President 24
Connectk'i T, the State of :
Fundamental orders of Connecticut, li;.']8-8n 519
Constitution of New Haven. 1039 — : 523
(Jovermnent of New Haven, 1(>43 520
Charter of Connecticut. 1002 529
Constitution of Ccmnecticut. 1818 536
Consent of CoNtiKEss necessary :
To receive gifts from other nations 23
To adjourn more than three days 21
For States to lay inii)osts 1 23
To kee]) troops or ships 23
To eiigage in war 23
Of States, to .iunction of territory 20
Of citizens, to quartering soldiers on them 29
CONSTAliI.ES. PROVISIONS CONCERNINCJ :
Alalyama 143, 207
Arkansas 302
Coimecticut -^40, 555
Florida 715.740
Illinois 1031
L(misiana 1545, 1553
Maryland lf>9^
New Jersev 2597
North Carolina 2793,2812
Oregon 2994
Texas ^'i^*"
Virginia ' 3849,3870,3891
West Virginia 4027.4055
Constitution of the United States 19
Consuls amenable to the judiciary :
The United States 25
Contested elections, provisions concerning :
Arkansas 337
Delaware «21. 022. 023
Illinois K'24
Indiana l*^*^-^
Iowa 1144
Kansas 1187
Kentucky 1200. 1283. 1328
Louisiana 1434, 1454
Marvland — 1718,1740,1701,1790
Index 4363
Contested elections, provisions concerning — Continued. Page.
Missouri 2157,2206,2247
Oregon 300(J
Pennsylvania 3139,3140
Texas 3557, 3G24
Virginia 3886
Contracts, obligation of, not to be impaired :
The United States 2:;
Convict laborers, provisions concerning :
Michigan . 1967
North Carolina ' 2820, 2841
Coolies, importation of, prohibited :
Texas 3593
Coroners :
Arkansas 272,292
Colorado 503
Delaware '- 579, 613
Indiana 1072,1087
Louisiana 1420, 1497, 1543
Maine 1657
Maryland 1732,1767
Michigan 1937
Mississippi 2041, 2059, 2077, 2105
Missouri 2158, 2207
New Hampshire 2464, 2482
New Jersey 2597, 2611
New York 2670
North Carolina 2812, 2832
Ohio 2908
Oregon 3008
Tennsylvania 3089, 3098, 3111, 3143
South Carolina 3295
Texas 3607
Virginia 3818, 3828
West Virginia 4056
Wisconsin 4085
Corporations, provisions concerning :
Alabam.'i 111, 150, 177, 179, 221, 223, 224, 225
Arkansas 285, 356, 360
California 396, 397, 437
Colonxdo 504
Connecticut 545, 552, 553
Delaware 579, 586, 596, 627
Florida 676, 678, 700, 757
Georgia 830, 853, 854, 866, 868, 875
Idaho ■ - 939,941
ininois 1005, 1041, 1046
Indiana 1069, 1087, 1088
Iowa 1132,1149
Kansas 1190, 1191, 1193, 1213, 1235, 1256
Kentucky 1291, 1341, 1345
Louisiana 1423, 1443, 1444, 1511, 1578, 1581
Maine 1656
Maryland 1726, 1758
Massachu.setts 1890
Michigan 1964
Minnesota 201()
Mississippi 2085,2110
Missouri 2212,2202.2264
Montana 2328
Nebraska 2359, 2381, 2382
Nevada 2416
New York 2669,2725
North Carolina 2816,2837
North Dakota 2870, 2871
Ohio 2926
4364 Index
Corporations, provisions concerning — Continued. Page.
Oregon 3031
Pennsvlvania 3112, 3128, 3145, 314G
South' Carolina 3302,3331
South Dakota 3377, 3385
Tennessee 3457
Texas 3049,3650.3652
Utah - 3722
Vermont 3743, 3755, 3765
Virginia ? 3842, 3861, 3870, 3895, 3936
Washington 3995
West Virginia 4028,4046,4057,4058
Wisconsin 4093
Wyoming , "1140
Council, executive, provisions concerning:
Connecticut -"ilO
Delaware 562
Georgia 778, 781, 782
Maine 1C58
Maryland 1692, 1694, 1696, 1697, 1698, 1699
Massachusetts _.:_ 1904
New Hampshire 2452,2465.2478,2484,2507
New Jersey 2595,2596,2598
North Carolina__ 2791,2792
Pennsylvania i 3086
Rhode Island 3213
Vermont 3742, 3744, .3754, :'.75.5. 3756, 3757, 37.58, 3764, 3765
Virginia 3785. 3786, ,3797. 3805, 3807, 3810, 3811, 3817
Council of revision :
New York 2628
Counterfeiting coin :
The United States 22
Counties, county seats, and county lines:
Alahama 120. 157, 185
Arkansas 357
California 433
Colorado 503
Florida - 749
Georgia 871
Idahd 941
Illinois 1003,1038
Indiana 1083
Iowa 1154
Kansas 1202,1215,1235,1254
Kentucky 1325
Louisiana 1453, 1469, 1513
Marvland 1739, 1774
Michigan 1940, 1958
Minnesota 2017
Mississippi 2045,2125
Missouri 215.5,2203,2241,2254
Montana - 2310, 2318
Nebraska 2.366,2376,2381
Nevada 2413,2425,2428
New Hampshire 2459
New York 2629,2631,2640.2656,2657,2701,2704
North Carolina 2795, 2804. 2805, 2811
North Dakota 2866
Ohio 2913,2928,2929
Oregon 3017
Pennsvlvania 3087,3102,310.3.3143
South" Carolina 3269, 3285, 3312, 3327
South Dakota 3376
Tennessee 3436,3443,3465
Texas 3552,3597,3618,3648,3649,3651
Utah 3693,3717,3721
Vermont 3772
Index 4365
Counties, county seats, and county lines — Continued. Page.
Virginia 3821, 3822, 3833, 3834,
3845, 3856, 3857, 3858, 3866, 3880, 3882, 3900, 3901, 3915, 3923
Washington .:.__. 3984, 3990, 3993, 4002
West Virginia 4011, 4013, 4018, 4019, 4020, 4023, 4025, 4034, 4040, 4041
Wisconsin 4087, 4097
Wyoming 4114,4126,4142
County officers :
Arlvansas 350
Alabama 130
Colorado 501, 503
Georgia 839,871
Idaho 1- 941,945
Illinois 1010, 1012, 1037, 1039
Indiana 1083, 1084
Kansas 1235
Kentucky 1271, 1285, 1304, 1305, 1329
Louisiana 1470. 1491, 1493. 1543, 1545
Maryland 1738, 1771, 1772
Michigan 1937. 1942, 1959
Minnesota 2017
Mississippi 2125
Missouri 2251
Montana 2319, 2334, 2337
Nebraska 1164, 2381
Nevada 2426
New Hampshire 2466, 2485, 2508
New Jersey 2611, 2612
New York 2645, 2658
North Carolina 2837
North Dakota 2867, 2875
Ohio 2922,2927
Oregon 3008, 3009, 3010
Pennsylvania 3084, 3085,
3086. 3089, 3098, 3099, 3110, 3111, 3133, 3134, 3136, 3140, 3143
South Carolina 3299, 3306, 3325, 3327
South Dakota 3367
Tennessee 3436,3463
Texas 3578, 3596
Utah 3729
Vermont 3770
Virginia 3837, 3849, 3868, 3869, 3889, 3890, 3926.
.Washington 4008
West Virginia 4025, 4053, 4055
Wisconsin 4101
Wyoming 4143
Courts, circuit and district:
Alabama 106, 107, 128, 129, 142, 167, 202
Arkansas 280, 299, 317. 345
California 399
Colorado 489
Florida 670, 692, 712, 730, 742
Idaho 929
Illinois 998,1028
Indiana 1065, 1084
Iowa 1131, 1146
Kansas 1207, 1230, 1248
Kentucky 1302,1333
Louisiana 1400, 1458, 1483, 1536
Maryland 1727,1759
Michigan 1937, 1953
Minnesota 2005
Mississippi 2078. 2106
Missouri 2158, 2207. 2247
Montana 2316, 2317
Nebraska 2356, 2375
Nevada 2412
4366 Index
Courts, circuit and district — Contiiiiiecl. Page.
New Jersey 2608
New York 2«46, 2717
North Carolina 2810.2831
North Dakota 2864
Ohio , 2906,2921
Oregon 3008
Pennsylvania 3097
South Dakota 3365
Tennessee 3461
Texas 3554, 3575, 3G04, 3636
Utah 3714
Virginia 3845,3865,3886,3921
West Virginia 4023,4049,4051
Wisconsin 4086
Wyoming 4129
Courts, county, MUMCirAL. and other local:
Arkansas 280, 299, 345
California 399, 425
Colorado 490,491
Delaware ___: 563,590,614
Florida ''12, 730, 742
Georgia 783, 788
Idaho 929
Illinois . 998, 1028
Kansas 1230
Kentucky 1302,1303,1335,1336
Louisiana 1458, 1493
Maine 1C60
Maryland - 1699, 1727, 1759, 1763
Massachusetts 1906
Michigan - 1937, 1953
Minnesota 2005,2007
Mississippi 2042
Missouri 2247,2271
Montana 231(5
Nehraska 2356, 2375
Nevada 2412
New Jersey 2608
New York _ 2647, 26r>4, 2674, 2684, 2686, 2715. 2717, 2720, 2722
North Carolina 2809.2830
North Dakota 2864, 2867
Oregon 3008
Pennsvlvania 3097, 3109
South Carolina 3263, 3275, 3292, 3321
South Dakota 3365
Tennessee 3420,3461
Texas 3554,3575,3604,3630
Utah 3714
Vermont 3754,3765
Virginia 3827,3869,3886,3921
Washington 3983
West Virginia 4023,4049,4052
Wisconsin 4086
Wyoming 4129
Courts for correction of errors :
Connecticut 543
Mississippi 2055, 2107
New Jersev 2608
New York 2635, 2646, 2666
Courts, inferior:
Alabama 107. 142. 167, 202
Arkansas 280,317
California 425
Georgia 798.799,818,833
Idaho 929
Illinois 978,998
Index 4367
Courts, inferior — Continued. Page.
Iowa 1146
Kentucky 1270, 1284, 1300
Louisiana 1386, 1387, 1418, 1438
Missouri 2159, 2207, 2247
Minnesota 200o
Montana - 2.316
New .Jersey 2596
New Yorli 288G
North Carolina 2809, 2830
North Dakota 2864
Ohio 2921
South Dakota 3365
Tennessee 3419,3434,3461
Texas 3554,3575,3604,3636
Utah 3714
Washington 39^3
West Virginia 4023, 4049
Courts of appeal :
Delaware 578
Kentucky - -- 1284, 1300, 1331
Louisiana 1483, 1536
Maryland 1704, 1727, 1759
Missouri 2247
New Jersey 2608
New York 2663,2681,2686,2687,2715
Virginia 3817, 3827, 3845, 3865, 3886, 3921
Courts of chancery :
Alabama 107, 128, 142, 143, 167, 202
Arkansas 280, 299, 345
Delaware -• •''»75, 590, 614
Florida 670, ()92
Kansas 1207
Maryland . 1689, 1699
Michigan 1!>73
Minnesota 19^4
Mississippi 2042, 2078, 2107
"Missouri 2158
New .Jersey 2608
New York 2635,2646,2664,2666,2674
South Carolina 3263, 3275, 3292, 3321
Tennessee 3461
Vermont 3746, 3754, 3765
Virginia 3817
Courts of common pleas:
Delaware ^^ 565,575
Kansas 1187
Maryland 575,590
Missouri ' 2271
New Hampshire 2467
New .Jersey 2596
New York 2673
Ohio 2906, 2921
Pennsylvania 3088,3097,3133
South Carolina 3263, 3275, 3292, 3321
Vermont 3746
Courts OF oyer and terminer:
Delaware 575, 590, 614
New York 2663
rennsylvania 3079, 3109, 3133
Courts of probate {see Register of wills) :
Arkansas 345
Alabama 128, 142, 143, 167, 202
California 400
Colorado 490
Connecticut 550
Delaware 590, 614
4368 Index
Courts of probate — Continued. Page.
Florida 671, 693
Georgia 834,858
Idaho 929
Illinois . 1000, 1031
Kansas 1207, 1248
Louisiana 1460, 1493, 1547
Maryland 1727, 17G5
Massachusetts 1906
Michigan 1937, 1953
Minnesota 2005
Mississi])])! 2056
Missouri 2247, 2271
Nehraska 2356
Nevada 2412
New Hampshire 2467,2486,2509
New York 2674
Ohio 2921
Oregon 3008
Pennsylvania 3088. 3097, 3109
Soutli Carolina- 3263,3275,3292,3321
Vermont 3746, 3765
Wisconsin 4086
Courts, supkrior:
Californiii ;' 425
Conne<-ticut 543
Delaware 590,614
(Jeorgia 788, 789, 798, 818, 833, 858
Mississippi :. 2042
Missonii 2247
New Hampshire 2466
New York 2684
Illinois 1000, 1031
North Carolin.-i 2810, 2830
►South Carolina .3263,3275,3292,3321
Tennessee 3419
Virginia 3827
Washington . 3983
Courts, supreme:
The United States 25,30
Alahama 106, 128, 142, 167, 202
Arkansas 280, 299, 317, 345
California 399, 425
Colorado 488
Connecticut 543
Delaware 564,575,590,614
Florida 670, 692, 712, 730, 742
Georgia 818,833,858
Idaho 929
Illinois 978, 998, 1028
Indiana 1065, 1084
Iowa 1131, 1146
Kansas 1187, 1207, 1230, 1248
Kentucky 1270, 1284,1300,1331
Louisiana i 1386. 1400. 1418. 1438, 1458, 1483, 1536
Maine 1659
Maryland 1759
Massachusetts 1905
Micliigan 1936, 1958
Minnesota 2005
Mississippi 2042,2077,2106
Missouri 5158, 2207, 2247
Montana 1 2316
Nehraska 2356,2,375
Nevada 2412
New Hampshire 2486, 2509
New Jersey 2596, 2608
Index 4369
Courts, sup«eme — Continued. rage.
New York 2634,2640
North Carolina 2810, 2830
North Dakota 2864
Ohio 2905, 2921
Oregon 3008
Pennsylvania 3088, 3097, 3109, 3133
Rhode Island 3232
South Carolina 3263, 3275, 3292, 3321
South Dakota ' 3365
Tennessee 3434, 3461
Texas 3554, 3575, 3604, 3636
Utah 3714
Vermont 3746, 3750, 3754. 3764, 3827
A^irginia 3817, 3886, 3921
Washington 3983
West Virginia 4023, 4049
Wisconsin 4086
Wyoming 4129
Credit, bills of, shall not emit :
The United States 23
Cruel and unusual punishments prohibited :
The United States 30
Alabama 98, 118, 134, 155, 184
Indiana 1075
Maine 1648
Deaf and dumb, the, provisions for:
Arkansas 367
Colorado 493
Florida 718,754
Idaho 938
Indiana 1087
Kansas 123'3, 1253
Louisiana 1466
Mississippi 2086
• Nevada 2420
North Carolina 2841
North Dakota 2888
Ohio 2925
South Carolina 3202, 3340
South Dakota 3383
Texas -- 3644
Utah 3721
Virginia 3833
Washington 3998
West Virginia 4031, 4061
Debts defined which are not to be contracted by State legislatures :
Alabama 174, f95, 218
California 401. 420, 444
Colorado 485, 497, 498
Delaware 627
Idaho _-■_ 92.3, 934, 935
Indiana 1087
Iowa 1132, 1148
Kentucky 1296, 1321
Louisiana 1405, 1423, 1443, 1463, 1470. 1478, 1479, 1521
Maine 1663
Maryland 1756, 1795
Michigan 1963
Minnesota 2012
Mississippi 2061
Missouri 2241
Montana 232.5; 2326
Nebraska 2357, 2383
New Hampshire 2507
New Jersey 2603
New York 2666, 2667, 2668, 2690, 2722, 2723, 2725, 2727
4370 Index
Debts defined which are not to be contracted by State legisla-
tures— Continued. Page.
North Carolina 2814. 2834
North Dakota 2877
Ohio 2918, 2925, 292(j, 2931
Oreson 3013
Pennsylvania 3119, 3120, 3141, 3142
Rhode Island 3227
South Carolina .3299, 3300, 3336
South Dakota 3378.3379,3380
Texas 1 .3.^85.3029,3047
Utah 3726
Virginia .■ 3953
AVashington .3990
West Virginia 4028.4057
Wisconsin 4090
Wyoming 4146
Declaration of independence 3
D^l.vwake. the State of :
Charter of Delaware, 1701 557
Constitution of Delaware, 1776 557
Constitution of Delaware, 1792 568
Constitution of Delaware, 1831 582
Constitution of Delaware, 1897 600
Direct taxes, how to. be apportioned :
The United States 19
Disfranchisement :
Alabama 99, 109, 131, 144, 145, 172, 209
Arkansas 271, 291, .321, 337
California 393,415
Colorado 493
Connecticut .544
Delaware 620
Florida - 673, 695, 720, 748
Georgia 825, 845
Idaho 932
Illinois 1002,1034
Indiana 1076
Iowa .__ 1125, 1139
Kansas 1182,-122.5, 1251
Louisiana 1462
Maryland 1476
Massachusetts 1912
Minnesota 2008
Mississipi)i 2120
Missouri ' 2194
New York 2697,2734
North Carolina 281.5, 2835
Ohio 2924
Oregon 3001
Pennsylvania 1 3129
South Dakota 3.372
Tennessee 3434. 3465
Texas 3642
Utah 3706
Virginia 3825, .38.55, 3875, 3902, 3903, .3908
West Virginia 4017
Washington 3988
Wisconsin 4080
Wyoming 4133
District of Columbia :
Act fixing the seat of Government, 1790 637
Government of the District, 1801 638
Permanent government for the District, 1878 641
Divine Being, belief in a :
Arkansas 303, 306, 333
Connecticut 536
Index 4371
Divine Being, belief in a — Continued. Page.
Delaware 5(58, 582, 000
Idaho 018
Massachusetts 1889
Missouri 2191,2229
Montana 2300
Mississippi 2044, 2069, 2090
North Carolina 2793. 2815
Pennsylvania 3063,3085,3100,3113,3121
South Carolina 3256
Tennessee 3420, 3437, 3465
Vermont . 3743,3757
Divorces :
Alabama 109,139
Arkansas 340
California 396, 420
Florida 702
Georgia 799
Idaho 922
Illinois 1021
Indiana 1080
Iowa 1128, 1142
Kansas 1184, 1207. 1247
Kentucky 1296,1323
Louisiana 1405, 1478, 1530
Massachusetts 1906
Michigan 1940,1949
Minnesota 1999
Mississippi 2045.2099
Missouri 2243
Montana 2307
North Dakota 2260
Nebraska 2353,2366
New Hampshire 2486. 2509
New Jersey 2604
North Carolina 2797, 2805, 2826
Ohio 2919
Oregon 3004
Pennsvlvania 3126
South Carolina 3304. 3343
South Dakota 3361
Tennessee 3468
Texas 3561, 3584, 3616, 3630
Utah 3709
Virginia 3886
West Virginia 4044
Wisconsin 4083
Wyoming 4123
Dueling, provisions concerning :
Alabama 109
Arkansas 303, 309, 368
California 403
Colorado 502
Connecticut 544
Florida 696, 720
Georgia 825
Illinois 1009
Indiana 1076
Iowa 1124
Kansas 1182, 1225, 1251
Kentucky 1307, 1309
Louisiana 1406
Maryland 1725. 1757, 1796
Michigan 1957
Mississippi . 2071.2074
Missouri 2215,2269
4372 Index
Dueling, provisions concerning — Continued. Page.
Nevada 2422
North Carolina 2821, 2842
Ohio 2D32
Oregon 3001
Pennsylvania 3112,3143
South Carolina 3284
Tennessee 3437, 3465
Texas 3500,3583,3612,3657
Virginia 3825, 3840, 3800, 3875, 3902, 3903, 3908
West Virginia 4017, 4039
Wisconsin 4094
Dutch West India Company, charter of 59
Education, provisions concerning :
Alabama 110, 148, 170,226
Arkansas 283, 302, 322, 358
California 402,431
Colorado 493
Connecticut 545
Delaware 028
Florida 077, 099, 710, 753
(Joorgia 784,838
Idalio 936
Illinois 1035
Indiana ^ 1068, 1086
Iowa 1133,1150
Kansas 1189. 1232, 1252
Kentuckv 1311,1344
Louisiana 1400, 1420, 144(5, 1405, 1508, 1575
Maine 1061
Maryland 1772,1816
Massachusetts 1906, 1907
Michigan 1939, 1961
Minnesota 2008
Mississippi 2080,2114
Missouri 2160, 2212, 2263
Montana ^ 2323
Nebraska 2358,2378
Nevada 2418
New Hampshire . 2407. 2487, 2510
New Jersey 2604
New York 2729
North Carolina 8217, 2838
North Dakota 2872
Ohio 2899, 2912, 2925
Oregon 3011
I'ennsvlvania 3091, 3099. 3112, 3142
Rhode Island 3233
South .Carolina 3299,3300,3337
S(mtli Dakota 3373
Tennessee 3440,3469
Texas 35e>4. 3588. 3590. 3609, 3643, 3645
Utah : 3720
Vermont 3748,3760
Virginia 3893
Washington 3991
West Virginia 4030, 4059
Wisconsin 4091
Wyoming 4135
Educational tests for electors :
Alabama 137,210
Connecticut 554
Florida 720
Massachusetts 1919
Mississippi 2121
Election op President and Vice-President :
The United States 23
Index 4373
Election of Delegate.s in Congress : Page.
Alabama 91
Arkansas 263
Colorado 469
Delaware 564
Florida 662
Idaho 911
Indiana 1055
Illinois 960
Iowa . 1117
Kansas 1167
Maryland 1695
Massachusetts • 1906
Minnesota __^ 1986
Mississippi 2029
Montana 2287
Nevada 2396
New Hampshire 2467
New Yorlv 2625
Oregon 2993
Vermont 3743
Wisconsin 4071
Election of Representatives in Congress :
The United States 19
Alabama 113
Arkansas 286
California 406
Colorado 486, 511
Delaware 581
Florida 675,687,696,697,704,725
Illinois 969
Iowa 1135
Kansas 1201
Louisiana 1468
Maryland 1701
Michigan 1942
Minnesota 2020
Mississippi 2047, 2086
Missouri 2166
Nebraska 2345, 2360
Nevada 2396
North Dakota 2850
Tennessee 3410
Texas 3545
Washington 3969
West Virginia 4034
Wisconsin 4080
Wyoming 4132
Election of Senators in Congress :
The United States 20
California 406.407
Florida 722,723
Louisiana ; 1397. 1415. 1455
Michigan ^ 1927
Minnesota '- 1999
Mississippi 2101
Nebraska 2388
Nevada 2409
New York 2659
Rhode Island 3228
Election of State officers :
Alabama 100, 121, 130, 136, 140, 143, 159, 162, 164. 187, 197. 204
Arkansas 271. 272. 287. 291. 292. 296, 300, 310, 311. 315, 320, 338. 341. 349
California 394, 397, 398, 399, 408, 409, 410, 416, 417, 423. 424, 426, 453
Colorado 478. 481, 482. 488, 489, 490
Connecticut 539, 540, 541, 548. 549, 550, 551, 554. 555
Delaware 562, 563, 570, 571, 572, 574, 584, 586, 589, 603, 610
7535— VOL 7—09 38
4374 Index
Election of State officers — ('outiiiiied. Page.
Florida 666, 669, 672, 688, 690, 693, 707, 710, 715, 735, 739
Georgia 785.787,
789, 790, 791, 796, 798, 805, 806, 808, 816, 818, 826, 831, 848, 855, 859
Idaho 921. 924, 929
Illinois 973, 976, 979, 986, 995, 999, 1001, 1015, 1023, 1026, 1028, 1031
Indiana 1060, 1062, 1064. 1077, 1081, 1083, 1085
Iowa 1126, 1129, 1131, 1140, 1144, 1146
Kansas 1183, 1185, 1188, 1203, 1205, 1208, 1226, 1228, 1235, 1243, 1245, 1249
Kentiidcy 1265, 1268,
1271, 1278, 1281. 1294, 1297, 1301, 1305, 1319, 1325, 1328, 1329, 1331
Louisiana 1381. 1384. 1393, 1397, 1412. 1415, 1418, 1430, 1436, 1439,
1450, 1455, 1458, 1475, 1480, 1484, 1491, 1524, 1538, 1542, 1543, 1551
Maine 1()51, 1656
Maryland 1691. 1695, 1718, 1721, 1727, 1749, 1752. 1759, 1785, 1789, 1799
Massaclinselts 1893, 1895. 1898, 1900, 1903, 1905, 1918
Mi(liij,'.in 1933, 1935, 1937, 1946, 1951, 1953, 1957
Minnesota 1995, 2003, 2005
Mississii>i)i 2035, 2039, 2051. 2055, 2057, 2064, 2072, 2075, 2093. 2103
Missouri 2151. 2155, 2200, 2204, 2208, 2233. 2244. 2248
Montana 2304. 2312. 2317
Nel)raslca 2356. 2375
Nevada 2412
New Hampshire 2465, 24()6, 2484. 2485, 2486, 2507, 2508. 2509
New Jersey ___: 2596,2608,2611
New York 2634, 2644, 2645. 2661. 2670. 2712
North Carolina ^^ 2791,2830,2833
North Dakota 2804
Ohio 2908,2921
Oregon 3007
I'eniisvlvania 3096,3109,3111,3133
Rliode Island 3230,3232,3238
South Carolina 3254, 3277. 3292. .3321
Soutli Dakota 3:!(;."'). 3:!68
Tennessee 3419, 3420, 3435, 3461, 3463
Texas 3554,3575,3606,3636
Utah 3713,3714
Vermont 3755,3769
Virginia 3818, 3827, 3844. 3845, 3864, 3879, 3920, 3921
Wasliington 3983
AVest Virginia 4017,4037
Wisconsin 4085
Wyoming 4129
Electors, qualifications for :
The rnited States 19
Alahama 99.131.144,170.209
Arkansas 271.291,320.336
California 393,415
Colorado 466, 492
Connecticut 544
Delaware 563,620
Florida 673.695.719,747
Georgia 800.820.825.845
Idaho 932
Illinois "- 975, 1002, 1034
Indiana 1054. 1067, 1076
Iowa 1113. 1139. 1163
Kansas 1181,1210,1224,1250.1251
Kentucky 1265,1269
Louisiana 1382,1394,1462,1562
Maine 1649
Maryland 1691, 1716, 1746. 1783
Massachusetts 1895, 1896, 1898, 1912, 1919
Michigan 1932.1956
Miimesdta 2007
Mississippi 2079.2120
Missouri 2152,2194
Index 4375
Elkctors, -qualifications fok — t'oiitimied. Page.
Montana 2321
Nebraska 2351,2377
Nevada 2404,2429
New Hampshire 2459. 2495
New Jersey 2595,2601
North Carolina 2790, 2814, 2835
North Daliota 2868
Ohio. 2907,2924
Oregon 3000
Pennsylvania 3108,3138
Rhode Island 3224, 3236
South Carolina . 3276,3297,3309
South Dakota 3372
Tennessee ' 3418, 3433, 3460
Texas 3549,3608,3642
Utah 3705
Vermont 3757,3759,3768
Virginia 3816, 3825, 3832, 3854, 3875, 3906
AVashington 3988
West Virginia 4016, 4037
AVisconsin 4080
AVyoming 4132
Elevators declared to he public warehouses :
Illinois 1044
Kentucky 1347
Elisors :
Maryland 1732, 1767, 1810
Emancipation :
The United States 31,32
Alabama 111, 119, 135, 156
Arkansas 283, 295, 336
Florida . (i80, 702, 706, 734
Illinois 962, 980, 1008
Kentuckv 1272, 1287, 1310, 1318
Louisiana 1429, 1449, 1471
Maryland 1761,1781
xMissouri 2154, 21(57, 2190, 2191, 2219, 2232
Eminent domain (consult also "Corporations") :
Alabama 119. 134. 155, 184
Arkansas 336
Colorado 476
Florida 758
Illinois 955, 961
Kentucky 1345
Montana 2330
Mississippi 2092, 2112
Nebraska 2358, 2382
New York 2654, 2695
North Dakota 2855
South Carolina 3296,3341
South Dakota 3386
Utah 3723
AVashington 3996
AVisconsin 4090
AA'yoming 4140
Engineer, State :
Louisiana 1445
New York 2712
Escheats to revert to the people :
Florida 681
Michigan 1941, 1970
New York 2655
North Carolina ^ 2817
Texas 3538, 3560
A^irginia 3893, 3898
AVisconsin 4091
4376 Index
Exiled, no free white citizen shall be: Page.
Mississippi 2051
Executive, provisions concerning the :
The United States 23,24,25
Alabama 90, 103, 12«, 140, 163. 19G
Arkansas 261, 272. 277, 292, 296, 315, 341
California- - 397,423
Colorado 464, 478
Connecticut 540
Delaware 563,5(54,506,572,581,586,589,610
Florida 657, 666, 688, 710. 739
(ieorgia 781,787.796,816,831.855
Idaho 906,924
Illinois 958,956,966,976,995,1023
Indiana ' 1062, 1081
Iowa 1112, 1129, 1144
Kansas 1162,1185.1203,1228,1243
Kentucky 1268, 1281. 1297. 1325
Louisiana 1365, 1372, 1373, 1384,1397,1415, 1436, 1455, 1480, 1532
Maine 1656
Maryland 1695, 1700, 1705, 1708, 1709, 1718, 1749, 1785
Massachusetts 1899
Michiijan 1926, 1935, 1951
Minnesota 1 1982, 2003
Mississippi : 2039,2057.2075,2103
Missouri 2139, 2155, 2204, 2244
Montana 2282. 2311
Nebraska 2354. 2371
Nevada 2410
New Hampshire 2462,2481,2504
New Jei'sey 2595, 2606
New York 2630, 2643, 2660, 2629, 2709
North Carolina 2791, 2807, 2827
North Dakota 2861
Ohio 2904, 2919
Oregon 3006
I'einisvlvania 3084,3095,3107,3130
Rhode" Island 3229
South Ca rol i nn 3244, 3247, 3249, 3250, 3261, 3273, 3289, 3318
South Dakota 3362
Tennessee 3417,3432,3458
Texas 3556, 3579, 3600, 3631
Utah 3710
Vermont 3742, 3745, 3754, 3764
Virginia 3816, 3826, 3828, 3843, 3863, 3877, 3917
Washington 3980
West Virginia 4022,4046
Wisconsin 4083
Wyoming 4126
Executive powers of Government. (See Executive, provisions concerning the.)
Exempted property :
Alabama 152. 180. 217
Arkansas 325, 353, 354
California 404, 445
Colorado ' 507
Florida 717, 751, 7.52
Georgia 810, 838, 869
Indiana 1075
Kansas 1237, 1258
Kentuclcy 1342
Louisiana 1479, 1505, 1.507, 1.574
Marvland 1726, 1757
Michigan 1965
Missouri 2260
Nebraska 2380
Nevada 2408,2409
North Carolina 2818, 2839
Index 4377
Exempted j-roperty — Continued. ^^I^
Pennsylvania ol*!
South Carolina 3289, 3299, 3335
T'pnnpssKpe o4oo
Texas III 3585, 3613, 3G61, 3662
Utah _::::::: — -- 3730
Virginia '^^^
Washington ^^^^
Expenditures, annual statement of, KEguiREn: _^^^
Alabama -^^' ^JJ' ^^
Arkansas ^-'^' fj^^
Colorado f'{l
Connecticut ^^^
Delaware ---r;:.^ "i?.^
Florida . -- 076,698,719,737
Idaho '^'^^
Illinois":: 1020, 1036, 1037
Indiana 10»^
Iowa ^^'^-'
Kansas 1190, 1211, 1233, 1234, 1255
Kentucky y- \'''X^
Louisiana l^"^*^" 1^^*^
Maine
1664
Michigan:: ^^^-'inS
Mississippi -Obi
Nebraska
2357
Ohio 2903,2925,2926
South Carolina '^■-°i
South Dakota.
Tennessee
3379
3431
Texas____/--V — " — ' - 3560,3585,3613
utahi::: ijj^s
Vermont -. f^^
Washington ^Voq
Wyoming ^-''^^
Ex POST facto laws :
The United States ---^^ '-'-■
Alab-ima !'8, 119, 134, 155, 184
Arkansas :.:::___:::_::: 270, 290, 308, 335
California
Colorado-
414
476
T^^irtvifi., ^ " 666,687.706,734
fcSho' r:::::::::::: ::::::::::-:: - 920
Illinois |008. 1015
Indiana 1059, 1075
Iowa : 1125. 1138
Kansas 1^1"
Kentucky 1275, 1290, 1314. 1318
EJu^iaii 1^23,1463
Maine
1648
Marylami:_::: 1714, 1743, 1781
Massachusetts
1892
Michigan 1932, 1950
Minnesota
1992
Mi,.i«K,ppi;:::-. . . 2034. 2nr,o,20|9. 2092
Missouri -u)-i, -i.«, --01
Montana
2302
Nebraska - 2350,2363
Nevada .
New Jersey.
2403
2406
North Carolimr:: 2788,2802,2824
North Dakota 285o
Ohio 2911
X 2999
Oregon — ^-'.j
Pennsvlvania 3101, 3114, 3122
Rhode Island „ 3-24
South Carolina 3264,3278,3283.3307
4378 Index
Ex POST FACTO LAWS — Continued. Page.
South Dakota 3371
Tennessee 3423, 8427. lUGO
Texas 3548, 3571, 3593, o(j23
Utah 3704
Virginia 3824,3839,3860,3915
Washington 3975
West Virginia 4014,4035
Wisconsin 4078
Wyoming 4120
Federal Union, allegiance to the :
Ahibaina 150
Arkansas 30G
California 413
Florida 705
Georgia 815,821
Idaho 019
Maine l''»<>1
Marvland 1742,1779
Massachusetts 1890
Mississippi : 2087,2091
Missouri 2192
North Carolina 2801, 2823
Oregon 2999
Pennsylvania--.-: 3101, 3114, 3122
Rhode Island 3224
South Carolina 3204, 3278, 3283, 3807
South Dakota 3871
Tennessee 342.8, 8427, 8450
Texas 8548,3571,3593,3023
Utah - 3704
Virginia 8824, 3889, 3800, 3915
Washington 3975
West Virginia 4014, 4035
Wisconsin 4078
Wyoming 4120
Felonies on the high seas :
The Uuited States 22
Finance :
Alabama 225,220
Arkansas 359
California 441
Colorado 496
Connect i<ut o43
Delaware 5(J8, 572, 58(!, (iWI, 020
Florida 097, 718, 750
Georgia 854,804
Idaho 038
Illinois 974, 989, 1(K)4, 1019, 1020, 1085
Indiana 1087
I,nva__ 1127,1132,1141,1148
Kansas 1191, 1211, 1234. 1555
Kentucky 1342
Louisiana 1504, 1520, 1521, 1509
Maine 1<j55
Maryland H)92, 1723. 1735, 175.5, 1708, 1794, 1813
Massaclnisetts 1S94
Michigan J 1 1902
Minnesota 2011
Mississippi-- 2038,2054,2073,2080,2090
Missouri 2158, 2100, 2101, 2203, 2212. 22.88. 2259
Montana 2.807, 2824. 2827
Nebraska 2857.2879
Nevada 2407.2417
New riampshire 2452. 2402. 2477, 2501
New .Jersey 2008
New York 2641, 2659, 2666, 2689, 2706, 2722
Index 4379
Finance — Continued. • r>age.
NortirCarollna 2791,2806,2813,2834
North Dakota 2859. 287G
Ohio 2!X)3, 2916. 2925
Oregon 3004. :50ll
Pennsylvania 3094,3106,3128,3141
Rhode Island 3228
South Carolina 3201, 3272, 3287, 3298, 3314, 3334
South Dakota 3361,3378
Tennessee 3416,3431,3455
Texas 3551, 3573, 3596, 3627, 3646, 3671, 3673, 3674
Utah 3724, 3726
Vermont 3765
Virginia 3947
Washington 3977, 3989, 3990
West Virginia ^ 4028, 4056
Wisconsin •_ 4082,4089
Wyoming 4122,4124,4144,4146
Fines :
The United States • 30
Alabama 98, 118, 134, 155, 184
Arkansas ^ 270,285,290,335
California 39i
Colorado 477
Connecticut 538
Delaware 509, 583
Florida 6(>5, (t86, 705, 733
Georgia 785,823,843
Idaho 919
Indiana 1059, 1075
Iowa 1125, 1138
Kansas 1216, 1223, 1242, 1275
Kentucky 1290, 1318
Louisiana 1449, 1472, 1523
Maryland 1688,1743,1781
Massachusetts 1892
Michigan 1932
Minnesota 1992
Mississippi 2034,2050,2069,2093
Missouri 2193
Montana 2303
Nebraska 2349,2362
Nevada ^ 2403
New Hampshire 2457,2474. 2497
New Jersey 2,600
New York 2694
North Carolina 2788,2801, 2823
North Dakota 2854
Ohio 2911, 2914
Oregon 2999
rennsylvania 3089,3101,3122
Rhode Island 3222
South Carolina 3264,3278,3282,3308
South Dakota 3371
Tennessee 3423,3427,3450
Texas 3548,3571,3622
Utah . 3703
Vermont 3746,3759
Virginia 3813,3830,3874.3906
Washington 3974
West Virginia 4014.4035
Wisconsin 4077
Wyoming 4118
First elections unuer State constitutions :
Alabama _' 113
Arkansas 286
4380 Index
First elections under State constitutions — Continued. Page.
California 40G
Colorado 511
Florida '. G82
Idaho 949
Illinois 984
Indiana 1072
Iowa 1135
Kansas 1194, 1219, 1239, 1258, 1259. 1260
Louisiana 1391,1448,1515,1560
Maine 1662, 1663, 1665
Maryland 1708, 1710, 1712, 1731, 1732, 1741, 1776, 1825
Massachusetts 1905
Michigan 1942, 1971, 1972
Minnesota 2020
Mississippi 2047, 2063, 2129
Missouri 2166,2217,2232.2271,2272
Nebraslca 2360
New Hampshire 2489
New York •_ 2634
North Carolina 2827
North Dakota 2891
Ohio 2912,2933
Oregon 3018
Pennsylvania — -.! 3091, 3103, 3116
South Carolina ._ 3244
South Dakota 3401
Tennessee 3425,3430,3471
Texas 3568,3618
Utah 3732
Virginia 3850,3851
Washington 4000
West Virginia 4012
Wisconsin ., 4090
Wyoming 4151
Florida, the State oi' :
I'rerogatives granted to Chri.stopher Columbus, 1492 39
Bull of I'ope Alexander conceding America to Si)ain, 1493 41
Treaty with Spain fixing boundaries, 1795 649
Treaty with Spain ceding Florida. 1819 049
Temporary government of Florida, 1810 050
Act of Congress establishing the territorial government of Florida.
. 1822 057
Constitution of Florida, 1S3S 004
Act of Congress enabling Florida to become a State, 1S45 002
Constitution of Florida. 1805 085
Constitution of Florida, 1S(!8 704
Constitution of Florida, 1S85 732
Fisheries, thk, provisions concerninu :
Connecticut ,- 535
Georgia 771
Massachusetts 1873
North Carolina 2744,2785
Pennsvlvania 3008,3075,3091
Rhode Islaiul . 3224
Vermont 3748
Virginia 3784,3785,3796,3804
Foreign nations, commerce with :
The United States 22
Forests, preservation of :
Colorado 508
Forfeitures for treason :
The United States 25,31
Freedom of speech and of the press:
The United States 29
Alabama 97, 117, 133. 154, 182
Arkansas 209,289.307,334
California 392,413
Index 4381
Feeedom of speech and of the press — Continued. Page.
Colorado 470
Connecticut 537
Delaware Illll.ll/_ll_^_yim.^S2,mi
Florida ti04, 705, 734
Georgia 7^9^ 810, 823, 843
Idaho 919
Illinois 1 983, io09, 1014
Indiana 1058
Iowa ^ 1124, 1137
Kansas II80, 1215, 1223, 1242
Kentucky 1274. 1313, 1317
Louisiana I39O, 1404, 1449, 1471
Maine _ 1,.47
Maryland 1087, 1713, 1742. 1745, 1780, 1783
Massachusetts 1892
Michigan 1931
Minnesota ~ 1991
Mississippi V///_"_"/_7_"_7__"2b33y2b49" 20(39. 2091
Missouri o
Montana.
21(54, 2194, 2231
2302
Nebraska 2349, 2362
Nevada
2403
New Hampshire 2456 2497
New Jersey "___ ' ^599
New York :::::::::::i654, 2695
North Carolina 2788 280'^ 28'>4
North Dakota '_ "" 2855
Ohio _ _"_ 2910, 2914
Oregon ^^gg
Pennsylvania 35oO, 3083~3ii3, 3121
Rhode Island J _ 3'>'>4
South Carolina -""-i":::::::::::::::::::::i2S2, 3307
South Dakota 3370
Tennessee -l--l-ll-llll":i::::"3423:3428. 3451
lexas 3548 3570 3592, 3622
Utah_ 3^03
Vermont 374^^ 3753^ 37,,3
Virginia 38i6, 3830, 3878, 3906
Washington '^Ql^
West Virginia -llllHIIIIIIIl^II^Iiribis, 4030
Wisconsin 4077
Wyoming ~~IIII-~IIIII_ 4119
Free persons of color. (*S'ee also Electors and elections )
Arkansas __ .^g,,
iiiiTiois ::_:::::::: lobo
luaiana ,067, 1076, 1089, 1095
Kansas T^l"
Kentucky 1310
Michigan '_'_'_ i^'l-X
Missouri ------iiii---ii-ii::::::r2i54: 2190, 2215
New Jersey 0595
New York " 0040 %\^q
North Carolina 2790. 2796! 2S43
Ohio 2909
Oregon 3001, 3016, 3017
lexas 3g3j) ^^^^^^ 0^,87
Virginia 3g^^,
West Virginia 40^1
French language, the, official use of:
Louisiana I404. I40<j. 1422, 1425. 1427, 1463, 1498
Fugitives from justice:
The United States o^.
Illinois _• ~" fSlc,
Kansas ~"~^ ,!.,o
Louisiana ~ .,.>^p
Missouri -----------Illlll-IIIIllIIIIIIIir 2148
4382 Index
Gambling houses, the legislature authorized to license : Page.
Louisiana 1443,1500
General hospital, provisions for the establishment of a:
Kansas 1190
Geologist, State :
Missouri 2178
Wyoming ^ 4139
Georgia, the State of :
Charter of Georgia. 1732 765
Constitution of Georgia, 1777 777
Constitution of Georgia. 1789 785
Constitution of Georgia, 1798 785
Constitution of Georgia, 1865 809
Constitution of Georgia, 1868 822
Constitution of Georgia, 1877 842
German language, the publication of laws in:
Colorado 508
Missouri 2257
Giijjert, Sir Humphrey, letters patent to 49
Good behavior tenure of office:
The United States 25
Government, skat of:
The United States 22
Governors of States. (See Executive, provisions concerning.)
Grain, transportation of, provisions concerning :
Illinois ^ 1044
Grand .iury, indictment by:
The United States 29
Great seal, the, and State emblems :
Alahania 104. 118. 130, 141, 167
Arkans.-is 278. 297. 316, 342
California 398.424
Colorado 481
Connecticut 538, 541
Delaware 566
Florida 667, 689, 711, 740
Georgia 788, 798, 818, 832, 858
Idaho 927
Illinois 998, 1027
Indiana 1065
Iowa 1130, 1146
Kansas 1186, 1204, 1229, 1244
Kentuckv 1285
Louisiana 1.387,1438,1458,1483,1536
Maine 1662
Maryland 1701
Massachusetts 1910
Michigan 1936, 1952
Minnesota 2019
Mississippi 2040, 2058, 2076, 2104
Missouri 2207, 2247
Montana -315
Nehraska 2355, 2374
Nevada 2411
• New Hampshire 2488,2511
New .Tersev 2612
North Carolina 2791, 2809, 2830
North Dakota 2884
Ohio 2905
Oregon 3007
Pennsylvania 3099, 3133
Rhode Island 3211, .3216,3229
South Carolina .3264,3277,3291.3320
South Dakota 3392
Tennessee 3418, .3459
Texas 3558, 3581, 3602, 3634
Utah 3714
Index 4383
Great seal, the, and State emblems — Continued. Page.
Vermont 3745,3768
Virginia 3827, 3844, 3804, 3878. 3911)
Washington 3982
West Virginia 4035
Wisconsin 4094
Wyoming . 4129
Guam 877
Guarantee of a repuhlican form of government :
The United States 20
Habeas corpus :
The United States ^ 22
Ahibama 98, 134, 155, 184
Arkansas 270, 290, 335
California 391
Colorado 477
Connecticut 538
Delaware 509,583,602
Florida 065, 686, 705, 733
Georgia 789,810,823,843
Idaho 919
Illinois 1008, 1014
Indiana 1059, 1075
Iowa 1124, 1138
Kansas 1180, 1216, 1223, 1242
Kentucky 1275, 1313, 1318
Louisiana 1404, 1442, 1472
Maine 1648
Maryland 1761, 1798, 1806
Massachusetts 1891
Michigan 1931
Minnesota 1992
Mississippi 20,34,2050,2069,2092
Missouri 2193,2232
Montana 2303
Nebraska 2350,2.362
Nevada 2402
New Hampshire 2488
New Jersey 2600
New York 2048, 2(!54, 2094
North Carolina 2802, 2824
North Dakota 2854
Ohio 2911
Oregon 2999
Pennsylvania 3101, 3114, 3122
Rhode Island 3223
South Carolina 3278,3283,3309
South Dakota 3.370
Tennessee 3423,3427,3433,3450
Texas 3548, 3571, 3592, 3022
Utah 3702
Vermont 3744
Virginia .3824, ,3839, .3800, 388.5, 3915
Washington .3974
West Virginia 4014,4035
Wisconsin 4078, 4099
Wyoming 4118
Hawaii :
.Joint resolution for annexation of Hawaiian Islands, 1898 880
Territorial government of Hawaii, 1900 881
Heath, Sir Robert, patent to C!)
High seas, the. causes arising on :
Massachusetts 1892
New Hampshire 2474
History, preservation of material for:
Florida 71,5
Texas 3000
4384 Index
Homestead exemptions : Page.
Alabama 1 152, 180, 217
Arkansas 325, 354
California 404, 445
Colorado 507
Florida 717,751,752
Georgia 838,869
Illinois 1023
Kansas 1237, 1258
Louisiana 1507,1508
Michigan 1965
Mississippi 2086
Nevada 2408,2409
North Carolina 2818, 2839
South Carolina 3289, 3316
Tennessee 3468
Texas 3585,3615,3661,3662
Virginia 3896
West AMrginia 4046
Wyoming 4149
Husband and wife, provisions concerning the property of {sec also
Exempted property) :
Alabama 180,217
Arkansas 325, 354
California l ^ 404.445
Florida 717, 751, 752
Georgia 838, 869
Kansas 1237,1258
Louisiana 1507
Maryland 1726,1757
Michigan 1966
Mississippi 2070.2086
Nevada 2408.2409
North Carolina 2819,2840
North Dakota 2885
Oregon 3015
South Carolina 3304.3658
Texas 3561.3584
West Virginia 4046
Idaho, the State of :
Temporary government for Idalio. 18(;3 905
Temporarv government for Idaho, 1864 912
Act for admission of Idaho. 1890 913
Constitutiim of Idaho, 1889 918
Idiots, asylum foe, provisions fob the establishment of an :
Kansas 11S9
Illinois, the State of :
Act of cession by Virginia, 1783 955
Deed of cession from Virginia, 1784 957
Act of Congress establishing the Northwest Territorial government,
1787 - 957
Act of ratificaticm by Virginia, 1788 963
Supplementary act of Congress establishing the Northwest Territory,
1789 963
Act of Congress dividing the Northwest Territorial government. 1800- 964
Act of Congress establishing the Territorial government of Illinois,
1809 966
Act of Congress enabling Illinois to become a State. 1818 967
Ordinance b.v Illinois accepting the enabling act, 1818 970
Resolution of Ccmgress. 1818 971
Constitution of Illinois, 1818 972
Resolution of Congress declaring the admission of Illinois, 1818 985
Constitution of Illinois. 1848 985
Constitution of Illinois. 1870 1013
Immigration, bureau of:
Idaho 942
Texas 3611
Index 4385
Immunities of all the citizens : Page.
The United States 26
Impeachment, provisions concerning :
The United States 20
Alabama 105, 108, IW. 171, 207
Arkansas 274, 317, 354
California 398, 424
Colorado 502
Connecticut ". 541
Delaware^ 573,589,025
Florida (;(;8, fi89, 712, 741
Georgia 828
Idaho ^ 927. 929
Illinois 975, 977, 1022
Indiana 1062, 1063
Iowa 1130, 1145
Kansas 1180, 1186, 1203, 1227. 1229, 1248
Kentucky 1269, 1282, 1285, 1298, 1305, 1325
Louisiana 1388, 1398, 1402, 141(5, 1421, 1437, 1440, 1456, 1461, 1481, 1503
Maine 1654
Maryland 1793
Massachusetts 1897
Michigan 1938, 1952, 1960
Minnesota 2018
Mississippi 2041, 2043, 2060, 2074, 2095
Missouri 2155, 2211, 2252
Montana 2306
Nebraska 2353,2355,2365,2373
Nevada 2416
New Hampshire 2461, 2483, 2503
New Jersey 2600, 2607, 2608
New York 2635, 2643, 2681, 2711
North Carolina 2798, 2808, 2829
North Dakota 2879
Ohio 2905,2920
Oregon 3010
Pennsylvania 3097, 3109, 3137
Rhode Island 3233
South Carolina 3253, 3262, 3263, 3268, 3274, 3297, 3342
South Dakota 3385
Tennessee 3418. 3419, 3434, 3460
Texas 3557, 3580, 3588, 3601, 3608, 3632, 3634. 3655
Utah 3708, 3712
Vermont 3745, 3756, 3773, 3777
Virginia 3818, 3825, 3840, 3860, 3885, 3914
"Washington 3987
West Virginia 4017
Wisconsin 4084,4086
Wyoming 4126
Importation of slaves :
Delaware 567
Florida 660,680
Georgia 801
Kentucky 1288
Mississippi 2062
Missouri 2154,2190
Imposts. Congress empowered to lay:
The United States 21
Imprisonment fob debt :
Alabama 98. 118. 134, 155, 184
Arkansas 284,303
California 392, 414
Colorado 476
Georgia 800, 811, 823, 843
Idaho 920
Indiana ^ : 1059
Iowa 1125,1138
4386 Index
Imprisonment for dkbt — Continued. Page.
Kansas 1181, 1243
KeiitiK'ky 1275. 1290, 1314, 1318
Maryland 1726
Minnesota 1992
Mississippi 2034, 2050, 2070, 2093
Missouri 2194
Nebraska 2350
North Carolina 2793.2802,2824
North Dalcota : 2855
Ohio 2911,2915
Pennsylvania 3089,3101,3114,3122
South Carolina 3283,3309
South Dakota 3371
Tennessee 3423, 3428, 3451
Texas 3548,3573,3593,3623
Utah 3704
Vermont 3746
Washinstou____ 3974
Wisconsin 4078
Wyoniin}; :.: 4117
iNUEiNTlRKS FOR SERVICK. PROVISIONS CONCERN INC! :
Arkansas 296, 329
Illinois 980
ludiana . 1076
Kansas 1181'
Louisiana 14(i5, 1467
Mi.ssouri 1865,2215,2219
Ohio 2909
Vermont 3740,3751
Virginia 3823, 3861
Indian lanijs :
Residents in Minnesota 2019
Indian voters :
Florida 724
Kansas 1181
Minnesota 2007
Mississippi , 2062
Indiana, the State of :
Act of cession by Virginia, 1783 955
Deed of cession from Virginia. 1784 957
Act of Congress establishing the Northwest Territorial government,
1787 957
Act of ratification by Virginia, 1788 963
Supitlementary act of Congress establishing the Northwest Territory,
1789 963
Act of Congress dividing the Northwest Territorial government. 1800- 964
Act of Congress establishing the Territorial government of Indiana,
1809 966
Supplenientarv act of Congress establishing the Territory of Indiana,
1814 ■_ 1053
Act of Congress enabling Indiana to become a State. 1816 1053
Ordinance by Indiana accepting the enabling act, 181(') 1056
Constitution* of Indiana. 1816 1057
Resolution of Congress declaring the admission of Indiana. 1816 1057
Constitution of Indiana, 1851 1073
Indian Territory :
Act for the government of the Indian country. 1*^34 1097
Estaldishment of a court in Indian Territory, 1889 1104
Enabling act for Oklahoma and Indian Territory, 1906 1110
Indians, exclided from representation :
The United States 19
Indictment, when necessary:
The United States 29
Industrial resources, bureau of :
Alabama 150
Index 4387
Inebriates, provisions for : I'age.
North Carolina 2820
Ineligibility of clergymen for State offices :
Delaware 567, 579, 59(5
Georgia 785, 787
Kentucky 1280, 1296, 1298
Louisiana 1384, 1398, 1435
Maryland 1722
Mississippi 2044
New York ' 2637, 2648
North Carolina 2793
South Carolina ■">253, 3261, 3273
Tennessee 3420, 3437, 3465
Texas 3552, 3574
Virginia 3824
Ineligibility of certain Federal officials for State offices {sec
also Oflicers, Federal, ineligible for positions in the State government) :
Alabama 102
Arkansas 286
California 395, 418
Colorado 482
Connecticut 546
Delaware 573, 585, 587, 611
Florida 668,669,696,697
Georgia 786, 792, 826, 849
Illinois 974, 975, 987, 990, 1016
Indiana 1062, 1063, 1076
Iowa 1128, 1130, 1142
Kansas 1182, 1186, 1205, 1225, 1244, 1245
Kentucky 1267, 1268, 1281, 1287, 1296, 1308
Louisiana 1383, 1385, 1389, 1398, 1404, 1422, 1436, 1441, 1476
Maine 1657, 1658, 1662
Maryland 1744, 1791
Massachusetts 1913
Michigan 1936
Mississippi 2038, 2054. 2061
Missouri -"_ 2169, 2201, 2215
Nebraska 2352,2.364
North Carolina 2792, 2799
Ohio 2904,2905,2920
Oregon 2990,3001
Pennsylvania .3094, 3095, 3096, 3124, 31.30
Initiative and referendum :
Montana ^ 2340
Oregon 3019
South Dakota 3404
Insane, the, provisions concerninr (sec (i^so Deaf, dumb, and lilind,
the, and Disfranchisement) :
Colorado . 493
Florida 718
Indiana 1087
Iowa 1125,1139
Kansas 1 1189, 12.3.3, 1253
Louisiana 1466
North Carolina 2841
North Dakota 2869. 2888
Ohio 2924,2925
Oregon 3001
Pennsylvania .3061
South" Carolina 3302, ,3340
Texas 3.590. 3629, .3642. .3644, .3662
Utah 3706. 3728
Virginia .387.5, .39.35
Washington .3998
West Virginia 4031,4061
Wisconsin 4080
Wyoming 4133,4137
4388 Index
Inspection laws imposed cy States: Page.
The United States 23
Instruction, superintendent of public:
Alabama 227
California 402, 431
Colorado 494
Florida 716, 753
(Jeori^ia 838, 868
Idaho 936
Indiana 1087
Kansas 1243, 1244, 1252
Kentucky 1311
Louisiana 1406, 1426, 1465
Maryland 1772
Michigan 19;i9, 1957, 1961
- Mississippi 2080, 2114
Missouri 2212, 2263
Nebraska 2371
Nevada 2419
North Carolina 2S07. 2817, 2827, 2839
Oregon 3011
Pennsylvania 3130
South Carolina 3300, 3337
Texas 3590. 3609
Virginia — 3892, 3932
West Virginia 4030, 4059
Wisconsin 4091
Wyoming 4136, 4137, 4348
Insuukkction, duty ok the United States:
The United States 22
Interest rates oe;
Arkansas 3t)6
Intermarriage between races:
Alabama 124
Georgia 822
North Carolina 2843
Internal improvements :
Alabama 193
Arkansas 284
Florida 677, 700
Kansas 1213
Kentuclvy 1309
Louisiana 1445
Michigan 1940, 1963
Missouri 2160
Intoxicating liquors, sale of:
Alabama 145,195
Delaware 560
Florida -^- 760
Louisiana *- 1559. 1565
Maine 1666
Michigan 1 1950
Mississippi ^ 2089
North Dakota 2853, 2889
Ohio 2908, 2932, 2935
Oklahoma 2963
Rhode Island 3236
South Dakota 3395
Texas 365S
Vermont 3759
West Virginia 4031
Inventors may have patents:
The United States 22
Iowa, the State of :
Treaty with France ceding Louisiana, 1803 1359
Act of Congress establishing the district government of Louisiana,
1804 1364
Index 4389
Iowa, the. State of — Continued. Page.
Act of Congress establishing the Territorial government of Louisiana,
]805 1371
Act of Congress establishing the Territorial government of Missouri,
1812 2139
Act of Congress establishing the Territorial government of Michigan,
1834 __— 1111
Act of Congress establishing the Territorial government of Iowa, 1838 1111
Act of Congress enabling Iowa to become a State, 1845 662,1118
Supplementary enabling act for Iowa, 1845 1118
Act of Congress defining the boundaries of Iowa, 1846 1121
Constitution of Iowa, 184(5 1123
Act of Congress declaring the admission of Iowa, 1846 1122
Constitution of Iowa, 1857 1136
Irrigation, provisions concerning :
Colorado 506
Journal, Congress to keep and publish a :
The United States 20
Judicial decisions to be free for publication :
California 400, 411
Judicial districts, provisions concerning :
Alabama 106, 128, 142, 167, 202
Arkansas 280, 299, 317, 345
California 399,425
Colorado 488
Florida 670,692,712,728,731,742
Georgia 833,858
Idaho 928
Illinois 998,1028
Indiana 1065,1084
Iowa 1131, 1146
Kansas 1164, 1187, 1207, 1230
Kentucivy 1300,1331
Louisiana 1386, 1400, 1418, 1438, 1458, 1483, 1536
Maryland - 1727, 1759, 1799
Micljigan 1953
Minnesota 1984, 2005
Mississippi 2055, 2077, 2106
Missouri 2158, 2207, 2247
Montana 2316
Nebraska 2356,2375
Nevada 2384, 2412
New York 2663, 2682, 2687, 2715
North Carolina 2809, 2830
North Dakota 2864
Ohio 2921
Oregon 3008
Pennsvlvania 3097, 3109, 3133
South Carolina 3292, 3321
South Dakota 3365
Tennessee 3434,3461
Texas 3554, 3575, 3604, 3636
Utah 3714
Virginia 3845, 3865, 3921
Washington 3983
West Virginia 4023, 4049
Wisconsin 4068, 4086
Wyoming 4129
Judges and justices :
The United States 25
Alabama 106, 128, 142, 167, 202
Arkansas 280, 299, 317, 345
California 399, 425
Colorado 488
Connecticut 543
Delaware 565, 575, 590, 614
Florida 670, 692, 712, 728, 742
7535— VOL 7—09 39
4390 Index
Judges and justices — Continued. Page.
Georgia 783, 788, 798, 806, 818, 833, 858
Idalio 928
Illinois 978, 998, 1028
Indiana - 10G5, 1084
Iowa 1131, 1146
Kansas 1104, 1187, 1207. 1230, 1248
Kentucky 1270, 1284, 1300, 1331
Louisiana 1374, 1386, 1400, 1418, 1438, 1458, 1483, 1586
Maine 1659
Maryland 1699, 1727, 1799
Massachusetts 1905
Michigan 1936, 1953
Minnesota 1984, 2005
Mississippi 2042,2055,2077,2106
Missouri 2142, 2158, 2207, 2247
Montana 2316
Nebraska 2356,2375
Nevada 2394, 2412
New Hampshire 2466, 2475, 2486, 2509
New Jersey___: 2608
New York 2663, 2682. 2687, 2715
North Carolina 2809, 2830
North Dakota 2864
Ohio : 2905, 2921
Oregon 3008
Pennsylvania 3097,3109,3133
Rhode Island 3232
South Carolina 3292,3321
South Dakota 3365
Tennessee 3434, 3461
Texas 3554, 3575, 3604, 3636
Utah 3714
Vermont 3742, 3746, 3750, 3754, 3764
Virginia 3845, 3865, 3921
Washington 3983
Wisconsin 4068, 4086
Wyoming 4129
Judicial powers :
The United States 25
Alabama 106, 128, 142, 167, 202
Arkansas 280.299,317,345
California 399, 425
Colorado 488
Connecticut 543
Delaware 565, 575, 590, 614
Florida 670, 692, 712, 728, 742
Georgia 783,788,798,806,818,833,858
Idajio 928
Illinois 978,998,1028
Indiana 1065, 1084
Iowa 1114, 1131, 1146
Kansas 1164. 1187, 1207. 1230, 1248
Kentuckv 1270. 1284, 1300. 1331
Louisiana 1366, 1374, 1386, 1400, 1418, 1438, 1458, 1483, 1536
Maine 1659
Maryland 1699, 1727, 1799
Massachusetts 1905
Michigan 1936, 1953
Minnesota 2005
Mississippi 2042, 2055, 2065, 2068, 2077. 2106
Missouri 2142, 2158, 2170, 2171, 2172, 2207, 2247
Montana 2285,2316
Nebraska 2356, 2375
Nevada 2394,2412
New Hampshire 2458. 2466,2475,2486,2509
New Jersey 2550, 2596, 2608
Index 4391
Judicial powers — Continued. Page.
New York 2G34, 2635, 2646, 2647, 2663, 2082, 2687, 2715
North Carolina -^ 2792.2809,2830
North Dalvota 2848, 2864
Ohio 2905,2921
Oregon 2990. 3008
Okhihoma 3050. 3058, 3084, 3088, 3097, 3109, 3133
Pennsylvania 3050, 3058, 3084, 3088, 3097, 3109, 3133
Rhode Island 3232
South Carolina 3254, 3267, 3275, 3292, 3321
South Dakota 3365
Tennessee 341b, 3434, 3461
Texas 3535, 3554, 3575, 3604, 3636, 3637
Utah 3690, 3714
Vermont 3738, 3742, 3746, 3750, 3754, 3764
Virginia 3818, 3825, 3827, 3845, 3865, 38SG, 3921
Washington 3967,3983
West Virginia 4023. 4049
AVisconsin 4068, 4086. 4102
Wyoming 4108. 4129
Jurisdiction of courts :
Alabama 106, 128. 142, 167, 202
Arkansas 280, 299, 317. 345
California 399,425
Colorado ^ 488
Connecticut 543
Delaware 565. 575, 590, 614
Florida 670, 692. 712. 728, 742
Georgia 783. 788, 798, 806, 818, 833, 858
Idaho 928
Illinois 978, 998, 1028
Indiana 1065,1084
Iowa 1114, 1131, 1146
Kansas 1164. 1187, 1207. 1230, 1248
Kentucky 1 1270, 1284. 1300, 1331
Louisiana 1.3,86, 1400. 1418, 1438, 1458, 1483, 15.36
Maryland 1727,1799
Minnesota 2005
Mississippi 2042, 2055, 2077, 2106
Missouri 2158, 2207, 2247
Montana 2316
Nebraska 2356, 2375
Nevada 2,394, 2412
New Hampshire 2466. 2475. 2486, 2509
New York 266.3.2682.2687,2715
North Carolina 2809,2830
North Dakota 2864
Ohio 2905,2921
Oregon 3008
Pennsylvania 3097, 3109, 3133
Rhode Island 3232
South Carolina .3292, .3321
South Dakota ,3365
Tennessee 3434,3461
Texas 3554, 3575, 3604. 3636, 3637
Utah 3714
Virginia ,3845, 3865, ,3886. .3921
Washington .3983
West Virginia 4023, 4049
Wisconsin 4068,4080
Wyoming 4129
Jurisprudence :
Kansas 1192, 1236
Ohio 29.32
South Carolina ,329()
Wisconsin 4089
4392 Index
Jury trials secuked : Page.
The United States 30
Alabama 98, 118, 133, 155, 183
Arkansas 269, 289, 307, 334
California 391, 413
Colorado 477
Connecticut 538
Delaware 569,582,601
Florida 665, 686, 705
Georgia 785, 789, 836, 863
Idaho 919
Illinois 981, 1014
Indiana 1059.1074
Iowa 1124. 1137
Kansas 1180, 1215, 1223. 1242
Kentucky 1274, 1289, 1313, 1317
Louisiana 1442, 1472, 1523
Maine 1647
Maryland 1686, 1714, 1743, 1781
Massachusetts 1891
Michigan 1931
Minnesota 1992
Mississippi 2034, 2051, 2070, 2093
Missouri , 2163, 2193, 2232
Montana 1 2303
Nebraska 2349
Nevada 2402
New Hampshire 2456,2474,2497
New Jersey 2600
New York 2653, 2694
North Carolina 2787, 2803, 2824
North Dakota 2855
Ohio 2910,2914
Oregon 2999
rennsvlvania 3060,3100,3113,3121
Rhode Island 3224
South Carolina - 3278,3282,3309
South Dakota 3370
Tennessee. 3427,3449
Texas 3548, 3570, 3592, 3622
Utah 3703
Vermont 3741, 3763
Virginia 3813. 3830, 3874. 3905
Washington 3975
West Virginia 4015, 4036
Wisconsin 4077
Wyoming 4118
Justice, fugitives from :
• The United States 26
Justices. {See Judges.)
Justices of peace :
Alabama 143, 170, 207
Arkansas 262,282,300,320.349
California 400.429
Colorado 466. 491
Connecticut 523, 527, 528, 531, 543, 550
Delaware 577,595,619
District of Columbia 640
Florida 658, 671, 693, 714, 746
Georgia 799,820,834,861
Idaho 909. 931
Illinois 959, 979, 1000. 1031
Indiana 1067, 1085
Iowa 1114
Kansas 1164, 1188, 1208, 1231, 1249
Kentucky 1271, 1285, 1304, 3335
Louisiana 1366, 1374, 14U2, 1420, 1440, 1460, 1492, 1545
Index 4393
Justices of peace — Continued. Page.
Maine 1659
Maryland 1691, 1698, 1766, 1810
Massachusetts 1879,1906
Michigan 1937,1955
Minnesota 1984, 2006
Mississippi 2042, 2057, 2079, 2109
Missouri 2142, 2100, 2211, 2251
Montana 2285, 2319
Nebraslia 2356, 2377
Nevada- 2394,2415
New Hampshire 2461, 2486, 2509
New Jersey 2610
New Mexico 2619
New Yorli 2665, 2686, 2722
North Carolina 2764. 2793, 2813, 2833
North Dalcota 2848, 2867
Ohio 2907
Oklahoma 2944
Oregon 2990,3008
Pennsylvania . 3062, 3072, 3079, 3089, 3098, 3111
Rhode Island 3233
South Carolina 3246, 3254, 3294, 3324
South Dakota 3368
Tennessee 3419
Texas 3555,3579,3607,3641
Utah , 3690, 3716
Vermont 3745, 3756, 3767
Virginia 3828, 3850, 3870
Washington 3967,3986
West Virginia 4027, 4055
Wisconsin 4068,4088
Wyoming 4110, 4131
Kansas, the State of:
Treaty with France ceding Louisiana, 1803 1359
Act of Congress establishing the district government of Louisiana,
1804 1364
Act of Congress establishing the Territorial government of Louisiana,
1805 1371
Act of Congress establishing the Territorial government of Missouri,
1812 2139
Treaty with Spain ceding California, 1848 377
Act of Congress declaring the admission of Texas. 1845 3544,3568
Act of Congress establishing the Territorial government of Kansas,
1854 1161
Constitution of Kansas, 1855 : 1179
Constitution of Kansas, 1857 1201
Constitution of Kansas, 1858 1221
Constitution of Kansas, 18.59 1241,4157
Act for the admission of Kansas, 1861 1176
Kentucky, the State of :
The three charters of Virginia, 1606, 1609, 1611-12 3783, 3790, 3802
Constitution of Virginia, 1776 3812
Act of Congress establishing the Territorial government south of the
Ohio, 1790 1263
Act of Congress declaring the admission of Kentucky, 1791 1264
Constitution of Kentucky, 1792 1264
Constitution of Kentucky, 1790 1277
Constitution of Kentucky, 18.50 1292
Constitution of Kentucky, 1890 . _•— 1316
Labor, no law to be passed regulating the price of :
Louisiana 1445
Land and naval forces, rules for the :
The United States 22
Lands granted for educational purposes :
Alabama 149,176,227
Arkansas 322
4394 Index
Lanos granted for educational purposes — Continued. Page.
Californiii 402, 431
Colorado 495
Florida 699, 716
Idaho 936
Illinois 1035
Indiana 1058, 1068. 1086
Iowa 1150, 1152
Kansas 1189. 1214. 1232. 1252
Louisiana 1407, 1426, 1446, 1466
Michigan 1939, 1961
Minnesota 2009
Missouri 2160. 2216, 2263
Montana 2323
Nebraska 2358.2378
Nevada 2.396,2418
New York 2648
North Carolina 2817, 2838
North Dakota 2872, 2887, 2888
Ohio 2925
Oregon 2994, 3011
South Carolina 3301, 3339
South Dakota 3373
Tennessee 3469
Texas ^ 3505, 3589, 3610, 3643, 3645, 3670
Utah 3692, 3720
Virginia 3893
Washington 3971, 3991, 4000
West Virginia 4030, 4060
Wisconsin 4091
Wyoming 4111, 4112, 4113, 4114. 4135, 4137, 4147, 4148
Languages in which the State laws shall he published :
California 404
Colorado 508
Illinois 1012, 1050
Kansas 1215
Ixmisiana 1389, 1404, 1406. 1422. 1425. 146.3, 1498, 1558
Michigan 1967
Laws of nations, offenses against the :
The United States _'_ 22
Laws, State, codification and revision of :
Alabama 110. 12.3. 139. 162
Arkansas 303, 328. .366
Delaware 280. 596
(Jeorgia 799
Indiana : 1085
Kansas 1192,1236
Michigan 1968
Missouri 2155, 2240
• North Carolina 2810
South Carolina 3296
Texas 3561, 3584, 3616, 3628
Legislative powers :
The United States 19,20,21,22.23,26,29,30.31,32
Alabama 99. 120. 12.3, 124, 125, 138,
1.39, 159. 160, 161, 162, 163, 188, 189, 190, 191, 192, 193, 194. 195, 196
Arkansas 273, 274, 293, 303, 310, 311, 312, 313, 314, 339, 340, 341
California 394, 395, 396, 417, 418, 419, 420. 421, 422
Colorado 483,484,485,486
Connecticut-- 539,540
Delaware 572, 580, 586, 596. 608, 609
Florida 669, 691, 692, 708, 709, 7.36, 737, 738
Georgia 779, 786,
787. 792, 793, 794, 796, 828, 829, 830, 849, 850, 851, 852, 854, 856, 857
Idaho 922. 92.3. 024
Illinois 974, 975. 989, 990, 991, 1019. 1020. 1021. 1022. 1(»23
Indiana •- 1001, 1002,' 1078, 1079, 1080
Index 4395
Legislative powers — Continued. Page.
lowu 1126, 1127. 1128, 1140, 1141, 1142
Kansas 1183, 1184, 1205, 1206, 1207, 1226, 1227, 1228, 1246, 1247
Kentucky 1266, 1267,
1269, 1279, 1280, 1281, 1295, 1296, 1297, 1320, 1321, 1322, 1323, 1324
Louisiana _ 1383, 1384, 1394. 1395, 1396, 1412, 1413, 1414, 1415, 1433, 143-., 1435,
1453, 1454, 1455, 1476, 1477, 1478, 1479, 1480, 1527, 1528, 152v), 1530
Maine. 1654,1663
Maryland 1692, 1693, 1694, 1722, 1723, 1724, 1725, 1726, 1754,
1755, 1756, 1757, 1758, 1759, 1792, 1793, 1794, 1795, 1796. 1797, 1798
Massachusetts 1894, 1897. 1898. 1899
Michigan 1934, 1946, 1947, 1948, 1949, 1950
Minnesota 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003
Mississippi- 2036, 2037, 2038, 2073, 2074, 2096, 2097, 2098, 2099, 2100, 2101. 2102*
Missouri 2151, 2202, 2203, 2204, 2238, 2240
Montana 2306, 2307, 2308, 2309
Nebraska 2352, 2353, 2364, 2365, 2366, 2367
Nevada 2406.2407,2408
New Hampshire 2458, 2461, 2462, 2501
New. Jersey 2596, 2603, 2604, 2605
New Mexico 2617
New York 2631, 2640, 2656, 2659, 2677, 2678, 2698, 2706, 2707, 2708, 2709
North Carolina 2790, 2795, 2797, 2798, 2805, 2806, 2826, 2827
North Dakota 2847, 2848, 2857, 2858. 2859, 2860, 2861, 2866
Ohio 2902,2903
Oregon ^ 2989. 3003, 3004, 3005
Pennsylvania 3054, .3067, 3084, 3094, 3105, 3106, 3124, 3125
Rhode Island 3226, 3227, 3228
South Carolina 3244, .3252, 3260, 3261, 3270, 3271, 3272, 3287, 3314, 3317
South Dakota 3360,-3.361
Tennessee 3416, 3430, 34.31. 3454, 3455. 3457
Texas 3550, 3551, 3573, 3574, 3596, 3625, 3626, 3627, 3628, 3629, 3630
Utah 3689, 3708, 3709, 3710
Vermont 3742. 3751, 3764
Virginia 3816, 3823, 3824, 3838, 3859, 3884, 3909. 3910. 3915, 3916, .3917
Washington 3964, .3966, .3977, 3978, 3979
West Virginia 4021, 4043, 4044, 4045
Wisconsin 4067,4081
Wyoming 4106,4107,4122,4123,4124
IjEgislatures, State, provisions concerning :
Alabama 99, 120, 123, 124, 12.5. 136, 1.58. 187
Arkansas 271, 291, 310, 338
California 393.415
Colorado 481
Connecticut 539
Delaware 567, .574, 589, 603
Florida 669. 690. 707. 735
Georgia 778. 785. 791, 820, 821, 826, 846
Idaho 921
Illinois 972, 986, 1015
Indiana 1060, 1077
Iowa 112,5, 1139
Kansas 1183, 1205. 1226, 1245
Kentucky 126.5, 1277, 1292, 1319
Louisiana 1381, 1392, 1411, 14.30, 1450, 1524
Maine 1651,1653
Maryland 1(591, 1721, 17.52. 1789
Massachusetts 1893
Michigan 1933, 1945
Minnesota 1995
Mississippi __ 2035, 2051, 2072, 2093
Missouri ^ 2151. 2200, 2233
Montana ' 2304.
Nebraska 2351, 2363
Nevada 2405
New Hampshire—- 2458,2461,2498,2500
4396 index
Legislatures, State, provisions concerning — Continued. Page.
New Jersey 2595, 2602
New Yorli 2631, 2640, 2656, 2698
North Carolina 2790, 2795, 2803, 2825
North Dakota 2856
Ohio 2901,2915
Oklahoma 2941
Oregon 2988,3002
Pennsylvania 3048, 3058, 3066, 3084. 3092, 3093, 3104, 3123
Rhode Island 3226, 3227, 3228
South Carolina 3244, 3248, 3258, 3269, 3285, 3312
South Dakota 1 3358
Tennessee 3414, 3429, 3453
Texas 3549,3572,3594,3624
Utah 3688, 3706
Vermont 3742, 3751, 3764
Virginia 3816, 3821, 3833, 3856, 3880, 3911
Washington 3964,3975
West Virginia 4017, 4039
Wisconsin 4067, 4081
Wyoming 4106, 4120
Levees :
Mississippi 2117,2135
Libels, truths may be proved in justification of the publication of:
Alabama , 109, 118, 133, 155, 183
Arkansas . 269, 289
California 392, 413
Colorado 476
Connecticut 537
Delaware 569, 582, 601
Florida 665,687,705,734
Illinois 983, 1009
Indiana 1058, 1074
Iowa 1124, 1137
Kansas 1180, 1223, 1243
Kentucky 1274, 1289, 1313, 1317
Maine 3647
Mississippi 2033, 2049
Missouri 2164,2194,2231
Montana 2302
Nebraska 2349,2362
Nevada 2403
New Jersey 2599
New York 2648, 2654, 2695
North Dakota . 2855
Ohio 2910,2914
Pennsylvania 3113, 3122
Rhode Island 3224
South Carolina 3282
South Dakota 3370
Tennessee 3423, 3428, 3451
Texas 3548, 3570, 3592, 3622
West Virginia 4015, 4036
Wisconsin 4077
Wyoming 4119
Liberty of conscience secured :
Alabama 97, 117, 133, 154, 182
Arkansas 269, 289, 309, 336
California 391, 413
Colorado 475
Connecticut 537
Delaware 568, 582, 601
Florida— - 664,686,705,733
Georgia 789, 801, 810, 823
Idaho 919
Illinois 981, 1007, 1014
Indiana 1074
Index 4397
Liberty of conscience secured — Continueel. Page.
Iowa : 1123, 1137
Kansas 1180.1215,1223,1242
Keutuck'yIII - 1274, 1289. 1312, 1316
Louisiana 1^50. 1522
Maine 10^"^
Maryland 1690, 1715, 1744
Massachusetts 1^90
Michigan 1931
Minnesota 1993
Mississippi 2033, 2049
Missouri 2103, 2192, 2230
Montana 2301
Nebraslva 2350, 2361
Nevada 2402
New Hampshire ^454, 2471, 2494
New Jersey 2597. 2599
New Yorlv 2648. 2053, 2694
North rarolina 2788. 2802, 2824
North Daliota 2854
Ohio 2910, 2914
Oregon 2998
Pennsylvania 3082, 3100, 3113, 3121
Rhode Island 3223
South Carolina 3256, 3264, 3278, 3282
South Dakota 3370
Tennessee -— 3422, 3426. 3449
Texas 3547, 3570, 3592, 3621
Utah 3702
Vermont 3740, 3752. 3762
Virginia J 3814, 3906
Washington 3974
West Virginia 4015
Wisconsin 4078
Wyoming 4118
I.IDRARIES AND LIBRARIANS :
Colorado 481
Indiana 1069
Kansas H''^^
Maryland 1"3^
Michigan 1939
Minnesota 1987, 2004
Mississippi 2101
Nevada : 3692
Oregon 2994
South Carolina 3303
Utah 3692
Wisconsin 4091
Lieutenant-governors of States :
Alabama 140.141,196,197,200.201
Arkansas 298. 316
California 398, 399. 424
Colorado 478, 479, 480
Connecticut 541,542
Florida 688. 729
Idaho 924. 925, 927
Illinois 1023, 1026
Indiana _ 1063.1064,1081
Iowa 1144
Kansas- 1185.1186,1204,1228,1229,1243.1244
Kentucl^y 1282, 1283, 1326, 1327, 1328
Louisiana 1398,
1402, 1415, 1416, 1436, 1437, 1455. 1456, 14S0, 1481, 1532, 1532, 1533, 1534
Maryland I'^SO
Massachusetts 1903
Michigan 1935,1936,1951,1952,1970
Minnesota - 2003, 2004
4398 Index
LIEUTENANT-GOVERNORS OF STATES — Continued. Page.
Mississippi 2040.2041,2076,2104
Missouri 2157, 2200, 2211, 2244, 2246
Montana 2311,2812
Nebrasl^a 2371, 2773
Nevada 2412
New Yorli 2033,2642,2043,2660,2661,2602.2709,2710,2711
North Carolina 2807, 2808, 2827, 2828, 2829
North Dakota! 2861, 2862
Ohio 2919, 2920
Pennsvlvania 3130, 3131
Rhode Ishmd 3228. 3229
South Carolina 3262, 3274, 3275, 3290, 3291, 3319, 3320
South Dakota ^ 3362
Texas 3557, 3558, 3580, 3581, 3600, 3601
Vermont 3754, 3755, 3756, 3764, 3705, 3766, 3767
Virginia 3840,3844,3864,3879,3920
Washington 3980, 3982, 3987
Wisconsin 4083, 4084, 4085
Life insurance :
Georgia 853
Life or limb not to be twice put in jeopardy :
The United States 29
Limitation of judicial tenure of office:
New York ± 2(J47, 2684, 2688
Lotteries :
Alabama 160,190
Arkansas 1 284, 303, 314
California 396,420
Colorado 507
Florida - 709
(Jeorgia 824
Illinois 990, 1022
Indiana 1091
Iowa 1128, 1142
Kansas 1192. 1237, 1258
Louisiana 1405, 1423, 1499
Maryland 1726, 1737, 1757
Michigan 1940,1949
Minnesota 2000
Mississippi 2085,2101
Missouri 2203
Nebraska 2353, 2367
Nevada 2408
New Jersey 2604
New York 2649,2654,2695
Ohio 2932
Oregon 3015
Rhode Island 3227
South Carolina 3303, 3343
South Dakota 3362
Tennessee - 3439,3468
Texas 3561, 3584, 3016
Virginia 3809,3889
West Virginia 4031
Wisconsin 4083
Louisiana, the State of :
Treaty with France ceding Louisiana. 1803 1359
Convention between the United States and the French Republic, 1803_ 1362
Act of Congress for taking iwssession of Louisiana, 1803 1364
Act of Congress establishing the district government of Louisiana, 1804 1364
Act of Congress establishing the Territorial government of Orleans,
1805. ^ 1371
Act of Congress establishing the Territorial government of Louisiana,
1805-^ 1373
Proclamation respecting taking possession of part of Louisiana, 1810_ 1375
Act of Congress enabling Louisiana to become a State, 1811 1376
Constitution of Louisiana, 1812 1380
Index 4399
LouTSiAN-A. THE State OF — Continued. Page.
Act of Congress declaring the admission of Louisiana. 1812 1378
Act of Congress enlarging the limits of Louisiana, 1812 1380
Constitution of Louisiana, 1845 1392
Constitution of Louisiana, 1852 1411
Constitution of Louisiana, 1864 1429
Constitution of Louisiana, 1868 1440
Constitution of Louisiana, 1879 1471
Maine, the State of :
The charter of Acadia, 1603 1619
The first charter of Virginia, 1606 3783
Grant of the Province of Maine to Sir Ferdinando Georges and John
Mason, 1622 1621
Royal grant of the Province of Maine, 1639 1625
Royal grant of the Province of Maine, 1664 1637
Royal grant of the Province of Maine, 1674 1641
The second charter of Massachusetts Bay, 1691 1870
The constitution of Maine, 1819 1646,4159
Cession of Maine by the State of Massachusetts, 1820 1644
Act of Congress declaring the admission of Maine, 1820 1645
Majority to constitute a quorum in Congress :
The United States 20
Maritime .jurisdiction vested in courts :
The United States 25
Married women, provisions concerning {see also Homesteads and Exemp-
tions) :
Florida 709,752
Georgia : 838, 853, 869
Illinois 958
Kansas . 1215, 1236, 1237
Louisiana 1464, 1507,1574
Maryland- 1796
Michigan 1966
Mississippi 2070. 2086
Nevada 2409
North Carolina 2819, 2840
Oregon 3015
Pennsvlvania 3061
South^ Carolina 3304,3316,3344
South Dakota 3393
Tennessee 3468
Texas 3561,3584.3613,3661,3662
Utah 3730
Virginia 3954
West Virginia 4046
Wyoming 4117,4132,4133
Maryland, the State of :
The charter of Maryland, 1632 1667.1669
Constitution of Maryland, 1776 1686
Constitution of Maryland, 1851 1712
Constitution of Maryland, 1864 1741
Constitution of Maryland. 1867 1779
Massachusetts, the State of :
The first charter of Virginia, 1606 3783
The charter of New England, 1620 1827
Agreement between the settlers at New Plymouth, 1620 1841
The charter of Massachusetts Bav, 1629 1846
Charter of New Plymouth to William Bradford, 1629 1841
Surrender of the great charter of New England to His Majesty, 1635- 1860
Bradford, etc., surrender of the patent of New Plymouth colony to the
freemen, 1640 1861
Commission of Sir Edmund Andros for New England, 1688 1863
The charter of Massachusetts Bay, 1691 1870
Explanatory charter of Massachusetts Bay, 1725 1886
Constitution of Massachusetts, 1780 1888
Measures and weights to be fixed by Congress :
The United States 22
4400 Index
Meeting of Congress once every year : Page.
The United States ^ 20
Messages, executive, to the legislature :
Alabama ^ 126, 140, 164
Arkansas 278, 297, 315, 342
California 397,423
Colorado . 479
Connecticut 541
Delaware 588,612
Florida 667, 688, 711, 740
Georgia 788
Idaho 926
Illinois 976,996
Indiana 1063
Iowa 1130, 1145
Kansas 1203, 1228
Kentuckv 1269, 1282, 1298, 1326
Louisiana 1385, 1399, 1417, 1437, 1457, 1482, 1534
Maine 1657
Marvland 1720, 1751, 1788
Michigan 1935, 1951
Minnesota 2003
Mississippi 2039. 2058, 2075. 2103
Missouri 2156, 2205, 2245
Montana i 2314
Nebraska 2354, 2373
Nevada 2411
New Jersey 2606
New York 2643, 2660. 2710
North Carolina 2808, 2828
North Dakota 2862
Ohio 2904, 2907, 2920
Oregon ^ 3006
Peunsvlvauia 3096, 3108, 3131
South Carolina 3262, 3274, 3291, 3319
South Dakota 3363
Tennessee 3418, 3433, 3459
Texas 3557, 3580, 3601, 3632
Utah 3711
Virginia 3844, 3864, 3878, 3919
Washington 3980
West Virginia 4022
Wisconsin ' 4084
Wyoming 4127
Mexicans estaislishkd in Territories previously belonging to Mexico:
Treaty provisions concerning 381
Michigan, the State of :
Act of cession by Virginia, 1783 955
Deed of cession from Virginia, 1784 957
Act of Congress establishing the Northwest Territorial government,
1787 957
Act of ratification by Virginia. 1788 963
Act of Congress establishing the Northwest Territorial government,
1789 963
Act of Congi-ess dividing the Northwest Territorial government, 1880_ 964
Act of Congress establishing the TeiTitorial government of Michigan,
1805 1925
Territorial government of Michigan, 1834 1111
Constitution of Michigan. 1835 1930
Act of Congress enabling Michigan to become a State, 1836 1926
Supplementary act for the admission of Michigan. 1836 1928
Act of Congress for the admission of Michigan, 1837 1929
Constitution of Michigan, 1850 1944, 4204
Militia, the :
The United States 22
Alabama 105, 126, 140, 147, 166, 175, 201
Arkansas 278, 280, 296, 299, 325, 355
Index 4401
Militia, the — Continued. Page.
California 397, 401, 423, 430
Colorado 479, 507
Connecticut 541
Delaware 587, 611
Florida 067, 675, 688, 697, 710. 739
Georgia 782, 788, 797, 817, 832, 839, 856, 871
Idaho 925, 943
Illinois 977, 980, 996, 1003, 1025, 1043
Indiana 1063, 1067, 1082
Iowa 1129, 1144
Kansas 1186, 1190, 1203, 1229, 1233, 1253
Kentucky ^ 1268, 1281, 1298, 1326
Louisiana 1385, 1398, 1416, 1437, 1456, 1466, 1471, 1501
Maine 1657
Maryland 1688, 1715, 1719, 1739, 1750, 1773, 1782, 1786, 1816
Massachusetts 1901, 1902
Michigan 1938, 1951, 1967
Minnesota 2017
Mississippi 2039, 2041. 2058. 2059, 2075, 2082. 2103, 2116
Missouri 2156, 2161, 2179, 2204, 2214, 2220, 2244, 2268
Montana 2313.2328
Nebraska 2355, 2373
Nevada 2410,2420
New Hampshire 2474, 2482, 2483, 2497, 2505, 2506, 2507
New Jersey 2596, 2606
New York 2633, 2634, 2643, 2644, 2660, 2710
North Carolina 2791. 2808, 2820, 2829, 2841
North Dakota 2862, 2879
Ohio 2905, 2920, 2927
Oregon 3006, 3012
Pennsylvania 3095, 3107: 31.30
Rhode Island 3229
South Carolina 3246, 3247, 3262, 3274, 3291, 3303, 3309, 3319, 3341
South Dakota 3363, 3384
Tennessee 3417, 3420, 3433, 3437, 3451, 3458, 3464
Texas 3557,3559,3579,3582,3608,3632
Utah 3711, 3727
Vermont 3748
Virginia ,3817, 3826, 3827, 3843, 3863, 3878, 3S93, 3918
Washington 3981,3992
West Virginia 4022,4048
Wisconsin 4084
Wyoming 4127, 4147
Miners and mining interests :
Colorado 506
Connecticut 536
Florida 709
Georgia 771, 815, 830
Idaho 944
Illinois 1022
Kansas 1220
Maine 1627, 1638
Massachusetts 1834, 1847, 1850, 1871, 1873
Michigan 1969
Montana ; 2302
New Hampshire 2434, 2436, 24.37, 2438, 2439, 2444
New Jersey 25.34, 2546, 2560, 2.564. 2.569. 2571,2572
North Carolina 2763
Oregon 3015
Pennsylvania ,3036, 3045
Texas 3611, 3655
Utah 3725
Virginia 3784, 3785, 3796, 3798. 3804
West Virginia 4031
Minister, foreign, appointment of:
The United States 24
4402 Index
Minnesota, the State of: Page.
Act of cession by Virginia, 1783 955
Act of Congress establishing the Northwest Territory, 1787 957
Act of Congress establishing the Territorial government of Indiana,
1800 964
Treaty with France ceding Louisiana, 1803 1359
Act of Congress establishing the Territorial government of Illinois,
1809 - 966
Act of Congress establishing the Territorial government of Missouri,
1812 2139
Act of Congress establishing the Territorial government of Michigan,
1834 1111
Act of Congress establishing the Territorial government of Wisconsin,
1836 1926
Act of Congress establishing the Territorial government of Iowa, 1838_ 1111
Act of Congress establishing the Territorial government of Minnesota,
1849 1981
Act of Congress enabling Minnesota to become a State, 1857 1988
Constitution of Minnesota, 1857 1991
Act of Congress for the admission of Minnesota, 1858 1990
MiSDKMEAXORS, THE TRIAL OF OFFICERS FORI
The United States 20,25
Mississippi, the State of :
Proprietary charter of Carolina, 1663 2743
rroi)rietary charter of Georgia, 1732 765
Act of Congress establishing the Territorial governnient of Mississippi,
1798 2025
Act of Congress establishing the Territorial government of Mississippi.
1800 2027
Act of Congress extending the right of suffrage to the Territory of
Mississipi)i. 1808 2029
Act of Congress enabling Mississippi to become a State, 1817 2029
Constitution of Mississippi, 1817 2032
Act of Congress for the admission of Mississippi, 1817 2032
Constitution of Mississippi, 1832 2049
Constitution of Mississippi, 1868 2069
Constitution of the State of Mississippi. 1890 2090
MissouRf. the State of :
Treaty with France ceding Louisiana, 1803 1359
Act of Congress establishing the district government of Louisiana.
1804 1364
Act of Congress establishing the Territorial government of Louisiana,
1805 1371
Act of Congress establishing the Territorial government of Missouri.
1812 2139
Act of Congress amending the act establishing the Territorial govern-
ment of Missouri, 1816 2144
Act of Congress enabling Missouri to become a State. 1820 2145
Constitution of Missouri. 1820 2150
Resolution for the admission of Missouri, 1821 2148
rroclamation admitting Missouri, 1821 2149
Ordinances for the convention of Missouri, 1861-1863 2174
Constitution of Missouri. 1865 2191
Constitution of Missouri. 1875 2229
Montana, the State of :
Related organic acts. 1803-1863_ 2281
Temiiorarv government for the Territory of Montana. 1864 2281
Enal)ling act for Montana. 1889 2289
Proclamation announcing admission of Montana. 1889 2299
Constitution of Montana, 1889 2300
Naturalization, laws fob:
The United States 22
Naval forcp^s. government of :
The United States 22
Navigable waters, provisions concerning :
The United States 380
Alabama 134, 156, 184
Index 4403
Navigable .waters, provisions concerning — Continued. Page.
Florida 692
Indiana ^ 1090
Kansas 1237
Louisiana 1584
Michigan 1967
Minnesota 1988, 1994
Missouri 2145. 2214, 2229
Nebraslia 2358
Oregon 2996, 3015
Tennessee 3424,3428,3452
AVisconsin 4072
Navy, power to maintain :
Tlie United States 22
Nebraska, the State of :
Treaty with France ceding Louisiana, 1803 1359
Act of Congress establishing the district government of Louisiana,
1804 1364
Act of Congress establishing the Territorial government of Louisiana,
1805 1373
Act of Congress establishing the Territorial government of Missouri,
1812 -, 2139
Act of Congress enabling Missouri to become a State, 1820 214.">
Treaty of Guadalupe-Hidalgo with Spain, 1848 377
Act of Congress establishing the Territorial government of Nebraslca,
1854 1161
Act of Congress enabling Nebraslva to become a State, 1864 2343
Constitution of Nebraska, 1866-67 2349
Act of Congress for the admission of Nebraslva, 1867 2:'.4<>
Proclamation announcing the admission of Nebraska, 1867 2347
Constitution of Nebraska, 1875 _. 2361
Negroes, free. (See Abolishment of slavery; Free persons of color.)
Nevada, the State of :
Treaty of Guadalupe-Hidalgo with Spain, 1848 377
Act of Congress establishing the Territorial government of Utah, 1850_ 3687
Act of Congress establishing the Territorial government of Nevada,
1861 2391
Act of Congress enabling Nevada to become a State. 1864 2397
Proclamation announcing the admission of Nevada. 1864 2400
Constitution of Nevada, 1864 2401
New Hampshire, the State of :
Proprietary grant of New Hampshire, 1629 2433
Grant to Wollaston, 1635 2437
Grant by Wollaston to Mason, 1635 2439
Grant to Mason (Masonia) 1635 2441
Grant to Mason (New Hampshire) 1635 2443
Agreement at Exeter. 1639 2-1:45
Government on the Piscataqua River. 1641 2445
Royal commission for New Hampshire, 1680 2446
Constitution of New Hampshire, 1776 2451
Constitution of New Hampshire, 1784 2453
Constitution of New Hampshire, 1792 2471
Constitution of 1792 as amended, 1902 2494
New Jersey, the State of :
Royal grant to the Duke of York, 1664 1637
Duke of York's release to Berkeley and Cartaret. 1664 2533
Concession and agreement of the lords proprietors, 1664 2535
Declaration of the meaning of the concessions, 1672 2544
Duke of York's grant, 1674 2546
Royal grant to the Duke of York, 1674 1641
The charter, or fundamental laws, 1676 2548
Quinquepartite deed, 1676 2551
Duke of York's second grant to Penn, 1680 2560
Province of West Jersey. 1681 2565
Duke of York's confirmation to the proprietors. 1682 2567
Fundamental constitutions for East New Jersey. 1683 2574
The King's letter recognizing the rights of the proprietor, 1683 2582
4404 Index
New Jersey, the State op — Continued. Page.
The Queen's acceptance of the surrender of government, 1702 2584
The act of surrender by the proprietors of East and West New
Jersey, 1702 2585
Charles II grant of New England to the Duke of York (1676) 1712__ 2590
Constitution of New Jersey, 1776 2594
Constitution of New Jersey, 1S44 2599,4186
New Mexico, the Territory of :
Related organic acts, 1824-1853 2615
Territorial government of New Mexico. 1850 2615
Enabling act for New Mexico and Arizona, 1!X)6 2960
New States may be admitted :
The United States 26
New York, the State of :
Related charters and grants, 1006, 1664 ; 2623
Royal grant to the Duke of York, ICfM 1637
Royal grant to the Duke of York, lt>74 1641
Constitution of New York, 1777 2623
Amendments, 1801 2638
Constitution of l>^ew York, 1821 2639
Constitution of New York, 1846 2653
Constitution of New York, 1894 2694
Nobility, no title of, to be granted:
Alabama 98, 119, 135, 156, 185
Arkansas ^ 270, 290, 308
Connecticut 538
Delaware 570,584,602
Florida 666,687
Georgia 780
Indiana 1059
Kansas 1224,1243
Kentucky 1276, 1290, 1314, 1318
Maine 1648
Maryland 1690, 1716, 1745, 1783
Mississippi 2034,2051
Missouri ^ 2164, 2194
North Carolina 2788.2802,2824
North Dakota 2856
Ohio 2911,2915
Oregon 3000
Pennsylvania 3101, 3115, 3123
South Carolina 32(34,3284
Tennessee 3424, 3428, 3452
Texas 3542
Washington __" 3975
Nominations by the President to the Senate:
The United States 24
Normal schools, provisions for the establishment of :
Kansas 1189
North Carolina, the State of :
Charter to Sir Walter Raleigh, 1584 ^ 53
Charter of Carolina, 1663 2743
Declaration and proposals of the lords proprietors of Carolina, 1663 2753
Concessions and agreements of the lords proprietors of the prov-
ince of Carolina, 1665 2756
Charter of Carolina, 1665___ 2761
The fundamental constitutions of North Carolina, 1669 2772
The Mecklenburgh resoluti6ns, 1775 2786
Constitution of North Carolina, 1776 2787
Ordinance of the convention of North Carolina, 1865 2799
Constitution of North Carolina, 1868 2800
Constitution of North Carolina, 1876 2822
North Dakota, the State of:
Relevant organic acts, 1803-1889 2845
Temporary government for the Territory of Dakota. 1861 2845
Enabling act for North Dakota, 1889 2289
Proclamation announcing admission of North Dakota, 1889 2852
Constitution of North Dakota, 1889 2854
Index 4405
Notaries public : Page.
Arkansas 316, 367
Georgia 861
Maine 1657,1658
Maryland 1732, 1767, 1810
Massachusetts 1912
Michigan 1946
Minnesota 2004
Texas 3582
Oaths of office :
The United States 24
Alabama 108, 130, 152, 181, 230
Arljansas 321, 329, 367
California 403, 447
Colorado 502
Connecticut 546
Delaware 580,596,630
Florida 674, 680, 696, 720, 724, 755
Georgia _• 781, 782, 787, 793, 797, 825, 832, 856
Idaho 924
Illinois 975. 990, 996, 1010, 1016, 1027
Indiana 1070, 1091
Iowa 1143,1145
Kansas 1182, 1219
Kentucky 1272, 1286, 1307, 1315, 1351
Louisiana 1391, 1403, 1421, 1441, 1462, 1558, 1563
Maine 1661
Maryland 1700, 1716, 1717, 1748
Massachusetts 1908, 1912, 1913
Michigan 1939, 1966
Minnesota 1999
Mississippi 2043, 2060, 2079, 2086, 2120, 2126
Missouri 2183, 2185, 2196, 2197, 2221, 2236
Montana 2333
Nebraslca 2353, 2384
Nevada 2421
New Hampshire 2468, 2487, 2511
New Jersey 2598,2605,2606
New York 2647, 2672
North Carolina 2806, 2815, 2827, 2836
North Dakota 2885
Ohio : 2908, 2932
Oregon 3005
Pennsylvania 3090, 3112, 3137
Rhode Island 3231, 3232
South Carolina 3247,3255,3263,3276,3288,3315
South Dakota 3359, 3393
Tennessee 3421, 3437, 3438, 3447, 3465
Texas 3559, 3582, 3612
Utah 3706
Vermont 3742. 3743, 3747, 3757, 3759, 3767, 3769
Virginia 3855, 3876, 3877, 3910
Washington .3987
West Virginia 4036, 4042
Wisconsin 4083, 4134
Wyoming :___ 41.34
Obligation of contracts :
The United States 23
Offenses against the law of nations :
The Uni+ed States 22
Officers, Federal, ineligible for positions in the State government
(see Ineligibility of certain Federal officials for State offices) :
Alabama 109, 127, 130, 141
Arkansas 316, 337
California ,395
Colorado 482
Connecticut 546
7535— vol 7—09 10
4406 Index
Officers, Fedekal, etc. — Continued. Page.
Delaware 573,587
Florida 068. G74. 67-5, 690, 695, 697, 725, 757
Georgia 826
Illinois 987
Indiana 1062, 1063, 1081
Iowa 1128, 1142
Kansas 1186, 1205, 1229. 1244, 1245
Kentucky 1296, 1298, 1352
Louisiana 1.385, 1398, 1404, 1416. 1422, 14.36. 1441. 1498, 1558
Maine 16.56
Maryland 1722, 1753, 1791
Massachusetts 1909,1913
Michisan 1936, 1946
Mississii)pi 2044, 2061, 2126
Missouri 2201,2215,2269
Montana 2305
Nebraska 2352, 2355, 2.3&4
Nevada . 2406
New Hampshire 2467,2512
New .Jersey 260.3.2607
New York 2641, 2659
North Carolina 2792, 2843
Ohio 2904, 2905, 2915, 2920
Oregon .3006
Pennsvlvania— i: 3085,3095,3124,3130
Rhode Island 3232
South Carolina 3249. 3253, 3272, 3288, 3315
South Dakota 3359. 3.370
Tennessee .3418, 343.3, 3456, 3459
Texas 3561, .3.584, 3613
Utah 3707,3714
Washington 3977
West Virginia 4020, 4041
Wisconsin 4094
AVyoniing 4134
Ohio, the State of :
Act of cession by Virginia. 1783 955
Deed of cession from Virginia, 1784 957
Act of Congress establishing the northwest territorial government,
1787 957
Act of Congress dividing the northwest territorial government. 1800 964
Act of Congress enabling Ohio to become a State. 1802 2897
Constitution of Ohio, 1802 2901
Act of Congress recognizing the State of Ohio, 1803 2900
Constitution of Ohio. 18.51 291.3.4157,4158
Oklahoma, the State of:
Relevant organic acts. 180.3-18.50 2939
Territorial government of Oklahoma, 1890 2939
Enabling act for Oklahoma, 1900 2960
Proclamation admitting Oklahoma 4269
Ccmstitution of Oklahoma, 1907 4271
Oregon, the State of :
Convention with Great Britain. 1818 2983
Convention with Russia. 1824 2983
Treaty with Great Britain, 1846 2985
Act of Congress establishing the Territorial government of Oregon,
1848 2986
Act of Congress for the admission of Oregon, 1857 2996
Constitution of Oregon, 1857 2998
Organizing the militia:
The United States _— 22
Orphan houses, provisions for the establishment of:
North Carolina 2841
Overt act. an. necessary in treason:
The United States 25
Panama Canal Zone :
Act providing for construction of isthmian canal. 1002 3021
Isthmian canal convention, 1903 3024
Index 4407
Panama Canal Zone— Continued. ^^^'^
Temporary government of Canal Zone, 1904 o0o2
Papers, when secure from search :
The United States ^9
Pardoning power, the :
The United States 24
Alabama 104, 127, 141, 165, 198
Arka^nsas 278, 297, 315, 344
California -. 398, 430
Colorado 479
Connecticut '5^1
Delaware 573, 626
Ploi-icl.^ 667.689,711,740
Oporo-in 788,797,817,832,856
So _::::::::::::::::::::::::::: 925,926
Illinois 9'6, 996, 1025
Indiana 1063, 1082
Iowa 1130
Kansas 1186. 1203. 1229, 1244
Kentucky 1268, 1282, 1.326
Louisiana 1385, 1398, 1416, 1437, 1450, 1481
Maine
1657
MarylaM 1720, 1751
Massachusetts i
Michigan 1936,1952
Minnesota 2004
Mississippi 2039. 2058, 2076, 2103
Missouri 2156, 2204, 2245
Montana -31.3
Nebraska 2355, 2373
Nevada 2411
New IIam"ps"hTre 2464, 2483, 2506
New Jersey ^ 2607
New York - 2643, 2660, 2710
North Carolina 2808, 2828
North Dakota 2862. 2895
Ohio 2904. 2920
Oregon 3007
Pennsylvania 3087, 3096, 3108, 3131
Rhode Island 3229
South Carolina 3262, 3274, 3291, .3319
South Dakota 3363
Tennessee 3417, 3433, 3458
Tev-is" '_ /___'__-'__-'—"- 3557, 3580, 3601, .3632
xJu^h. :::::::::::::::::"- 3712, 3713
Vermont _ - 3745, .3756, 3766
Virginia 3817, 3826, 3844, 3864, 3878, .3919
Washington 3981
West Virginia 402L
Wisconsin 40»4
Wyoming •^12'?
Patent rights, may be granted:
The United States 22
Peerage prohibited :
Texas 3593
Penalties of absentees :
The United States 20
Penalty for not voting at elections : ^^
Georgia — — "^^0
Pennsylvania, the State of :
Charter for the Province of Pennsylvania. 1681 30.3.>
Concessions to the Province of Pennsylvania, 1681 3044
Penn's Charter of Liberties. 1682 3047
Frame of government for Pennsylvania. I(i82 3052
Frame of government for Pennsylvania. 1683 3064
Frame of government for I'ennsylvania, 1696 *^^J^
Charter of privileges for Pemisylvania. 1701 3076
Constitution of Pennsylvania. 177(i 3081
Constitution of Pennsylvania, 1790_ 3092
4408 Index
Pennsylvania, the State of — Continued. Page.
Constitution of Pennsylvania, ISHS 3104
Constitution of Pennsylvania, 1873 3121
Pensions. Confederate :
Georgia 8(34
Texas 3G72
Perjury :
California 404
Connecticut 544
Illinois QTS
Kentucky 1307
Louisiana 1388
Maryland 1725
Minnesota 1997
Mississippi 2084
North Carolina 2815
Pennsylvania 3124
Texas 3560
Washington 3979
West Virginia , 4041
Petition, the right of:
The United States 29
Alabama 98, 119, 134, 150, 185
Arkansas 270,307
California 392, 413
Colorado 477
Connecticut 538
Delaware 570,584
Florida GOG, (587, 705
Georgia 785,823,844
Idaho 919
Illinois 983,1009,1015
Indiana 1059, 1075
Iowa 1125, 1138
Kansas 1179,1210.1223,1242
Kentucky 1275, 1290, 1314, 1316
Louisiana 1449, 1471, 1523
Maine 1648
Maryland lOST, 1713, 1743, 1780
Massachusetts 1892
Michigan 1932, 1967
Mississippi 2034, 2050
Missouri 2103, 2192, 2232
Montana 2304
Nel.raslca ^ 2349,2363
Nevada 2403
New Hampshire 2457,2474,2497
New Jersey 2600
New York 2695
North (\n-olina 2788, 2802, 2824
North Dakota 2855
Ohio 2911, 2913
Oregon -^OOO
Pennsvlvania 3084, 3101, 3114, 3123
Rhode Island 3224
South Carolina 3282
Tennessee - 3423, 3428, 3451
Texas 3549,3571,3574,3593,3623
Utah_: 3702
Vermont 3741, 3742, 3754, 3764
Washington 3973
Wisconsin 4077
Wyoming '1119
Philippines, The :
Treaty with Spain. 1898 3153
The Philippine Commission, 1900 . 3158
Act giving statutory authority for the exercise of governmental
powers in the Philippines, 1901 3164
Index 4409
Philippines. The — Continued Page.
Extension of powers of the Philippine Commission, 1901 3105
Act to provide for civil government in the Philippines, 1902 31(!G
Piracy, power to define and punish :
The United States 22
Plans of Union 9,39,41,45,49,53,59,69,77,83
Plurality required to elect :
California 404
Florida 725
Maine—- 1G65
Nevada 2423
Oregon ^ 3002
South Carolina 3298
PoRTO Rico :
Treaty of cession, 1898 3153
Civil government of Porto Rico, 1900 3191
Post offices and roads, may be established:
The United States 22
Powers not delegated, where vested :
The United States 30
Preamble of constitution of States :
Alabama 96, 116, 182, 182
Arkansas 1 ■ 268, 288, 306, 333
California 391, 412
Colorado 474
Connecticut 536
DelaAvare 568, 582, 600
Florida 664, 677, 685, 704, 732
Georgia 785, 809, 822. 842
Idaho 918
Illinois 972, 985, 1013
Indiana • 1057, 1073
Iowa ^ 1123. 1136
Kansas- 1179, 1201, 1222, 1241
Kentucliv 1264, 1277, 1292, 1316
• Louisiana 1380,1392,1411,1429,1449,1471.1522
Maine : 1646
Maryland 1741,1779
Massachusetts 1888
Michigan 1930
Minnesota 1991
Mississippi 2032, 2069, 2090
Missoiu-i -— 2150, 2191, 2229
Montana 2300
Nebraska 2349, 2361
Nevada 2402
New Hampshire 2471
New Jersey 2594, 2599
New York 2623, 2639, 2653, 2694
North Carolina 2800, 2822
North Dakota 2854
Ohio - 2901. 2913
Oregon 2998
Pennsylvania 3081, 3092, 3104, 3121
Rhode Island 3222
South Carolina 3241, 3258, 3269, 3281, 3307
South Dakota 3357
Tennessee 3414. 3426, 3448
Texas 3547, 3567, 3591, 3621
Utah 3702
Vermont 3737.3749
Virginia 3819, 3831, 3853, 3871, 3904
Washington 3973
West Virginia 4033
Wisconsin 4077
Wyoming 4117
Presentment by grand jury, when necessary :
The United States 29
4410 Index
President of the Senate : - Page.
The United States 20
Alabama 122, 190
Arkansas 279, 298
California 424. 4.53
Colorado 480
Florida GG8. 7.32
Georgia 786, 791, 813, 828, 849
Idaho 921
Illinois 977. 997
Indiana 1082
Iowa A 1145
Kansas -. 1204, 1244
Kentucky 1299, 1327
Louisiana 1416, 1437, 1456, 1481. 1.533
Maine 16.55
Maryland 1694, 1719, 1750, 1786
Massachusetts 1897
Michigan 1936
Minnesota 2004
Mississii)pi 2041. 2076. 2104
Missouri 2157, 2206, 2246
Montana ; i 2.315
Nebraska 2,373
Nevada . 2412
New Hampshire 2463, 2480, 2503
New .Tersey 2608
New York 2644,2661,2711
North Carolina 2806, 2808, 2827
North Dakota 2862
Ohio 2920
Oregon .3006
Pennsylvania 3124
Rhode Island 3228
South Carolina 3262, 3274, 3290, 3319
South Dakota .3363
Tennessee 341.5, .3430
Texas .3550, 3.557. 3558, .3580, .3601, 3625, 3634
Utah 3708
Vermont 3773
Virginia 3864, .3879, .3912, .3920
Washington .3982
West Virginia 4023, 4048
Wisconsin 4084
Wyoming : 4121
Presidents of the States :
Delaware 56,3, 564, 566
New Hampshire 2462
Pennsylvania .3084, .3087
Texas 3535, 3536
President of the United States :
To approve bills 21
May A'eto them 21
Executive power of 23
Election of 2.3, .30
To be a natural-born citizen 24
Compensation of 24
Oath of office 24
To be Conuuander in Chief 24
May grant reprieves and pardons 24
Make treaties 24
Appoint officers 24
Fill vacancies 25
Annual message 25
Convene extra sessions 25
May adjourn Congress 25
May be impeached 25
Index 4411
Press, fkeedom of the, and of speech. {See Freedom of the press)-. ^^se.
Printing, public :
Alabama 161
California 450
Colorado 485
Georgia 867
Illinois S>T8. 9<n, 1022
Kansas 123(5,1258
Kentucky 128o, 1353
Louisiana 1387
Michigan 1948
Mississippi 2085, 2102
Nebraska 23^3
Ohio : 2932
Oregon -^014
Pennsylvania : 31-7
South Carolina 3343, 3349
Texas 3058
West Virginia 4044
Wisconsin 4083
Wyoming 4124
Pkisons :
Florida 718, 754
New York 2002, 2681, 2713
North Carolina 2819, 2820, 2841
Ohio 2925
Pennsylvania 3001, 3090
South' Carolina 3302, 3340
South Dakota 3383
Tennessee 3453
Texas 3^84
Virginia 3935
Washington 3998
Wyoming 4137
Private property, when taken for public use :
The United States 29
pri\aleges and prerogatives granted to columbus 39
Privileges of habeas corpus :
The United States 22
Proceedings of Congress, journal of :
The United States 20
Proclamation :
Illinois 996
Kansas 1229
Missouri 2144
Nebraska 2355, 2372
North Carolina 2829
Ohio 2905, 2920
Oregon 3006
Tennessee 3418
Texas 3557, 3580
Virginia 3851
Washington .- 3981
West Virginia 4042
Prosecutions for criminal offenses:
The United States 29
Prothonotaries, provisions concerning :
Delaware 577, 595
Pennsylvania 3099, 3111, 3117, 3134, 3143, 3144
Public lands (see also Lands granted for educational purposes) :
Alabama 149
Arkansas 32o
California 402, 431
Colorado 494.405,508
Florida 699.716
Idaho 93G
4412 Index
Public lands — Continued. Page.
Illinois 1006
Indiana 1086
Iowa 1133, 1150, 1152
Kansas 1189. 1212, 1214, 1232. 1252, 1253, 1261
Louisiana 1444, 1446, 1406, 1509, 1577. 1578
Maryland 1737, 1770, 1815
Massachusetts 1834, 1836, 1846, 1850, 1852, 1856, 1871, 1873, 1884
Michigan 1939, 1961, 1967
Minnesota 2000,2009,2019
Mississippi 2046, 2089, 2115
Missouri 2160, 2213, 2263
Montana 2332
Nebraska 2378, 2380
Nevada 2418
New Hampshire 2436
New York 2636, 2655
North Carolina j 2817, 2838
North Dakota •_ 2872
Oklahoma 2977
Oregon .3011, 3018
South Carolina 3296, 3301, 3339, 3340, 3342
South Dakota 3373
Tennessee 3425, 3441
Texas 3565, 3588, 3589, 3590, 3591, 3610, 3643, 3644, 3645, 3646, 3652, 3654
Utah 3720, 3728, 3729
Virginia 3818, 3893
Washington ._ .3991.4000,4001
West Virginia 4029,4030,4061
Wisconsin 4091,4092
Wyoming , 41.35,4144,4147
Public works :
Alabama 124
Idaho 493
Louisiana 1425, 1445
Maryland ^ 1736, 1770
Mississii)pi 2082, 2117
Missouri 2177
New York 2680, 2712
North Carolina 2807, 2809
North Dakota 2877
Ohio 2927
Utah 3728
Virginia 3844, 3943
Washington 3999,4001
Wisconsin 4090
Wyoming 4138
Qualifications of officials :
The United States 19,20,24,31
Alabama 99, 101, 102, 103, 158, 159. 104. 166, 187, 188
Arkansas 271, 272, 273, 277, 278, 280, 282,
291, 292, 296, 310, 311, 315, 316, 318, 328, 3.38, 339, 342, 345, 346, 347
California 394, 395, 397, 416, 423, 429 430
Colorado 479, 482, 492
Connecticut 539, 540, 541
Delaware 562, 564, 570, 571, 573, 584, 587, 590, 607, 610
Florida 666, 669, 688, 690, 691, 707, 710, 736, 739
Georgia 779, 781, 787,
789, 791, 792, 796, 812, 813, 817, 825, 826, 828, 831, 846, 849, 855
Idaho . 921,925
Illinois 973, 976, 987, 996, 1024
Indiana 1000, 1063, 1081
Iowa ^ 1126, 1129, 1140, 1142, 1144
Kansas 1183, 1185, 1203, 1204, 1205, 1226, 1228, 1229, 1244, 1245
Kentucky 1265, 1266, 1268,
1278, 1279, 1281, 1294, 1295, 1297, 1319, 1326, 1330, 1331, 1333, 1334
Louisiana 1381. 1.382, 1383. 1384, 1393, 1394. 1395, 1396, 1397. 1398, 1412,
1413, 1416. 1430, 1433, 1435, 1436, 1450, 1456, 1475, 1481, 1527, 1533
Index . 4413
Qualifications of officials — Continued. Page.
Maine 1649,1652,1656,1657
Maryland - 1689, 1690, 1691, 1694, 1698, 1701,
1707, 1719, 1722, 1734, 1745, 1750, 1753, 1754, 1768, 1786, 1791, 1792
Massachusetts 1895, 1898, 1900
Michigan 1933, 1935, 1946, 1951, 1952
Minnesota 1996, 2003
Mississippi 2035, 2037, 2039, 2052, 2056, 2058, 2072, 2075, 2094, 2103
Missouri 2151, 2152, 2153, 2155, 2200, 2201, 2202, 2204, 2233, 2235, 2244
Montana 2304, 2312
Nebraska 2351, 2352, 2354, 2355, 2364, 2371
Nevada 2406,2410
New Hampshire 2459, 2460, 2461, 2462, 2477, 2479, 2481, 2500, 2502, 2504
New Jersey 2597, 2601, 2606
New Yorlv 2630, 2641, 2643, 2659, 2660, 2661, 2677, 2679, 2606, 2710
North Carolina 2790, 2792, 2793, 2805, 2807, 2826, 2828
Northi Dakota 2857, 2861
Ohio 2901, 2902, 2904, 2915, 2916, 2920
Oregon 3001, 3003, 3006
Pennsylvania 3084, 3092, 3093, 3095, 3104, 3105, 3107, 3123, 3130
Rhode Island 3225, 3231
South Carolina 3244,
3253, 3259, 3262, 3271, 3273, 3286, 3288, 3290, 3293, 3313, 3318
South Dakota 3358, 3360,3362
Tennessee- 3415, 3417, 3418, 3420, 3430, 3432, 3433, 3454, 3458
Texas 3549, 3550, 3557, 3561, 3572, 3574, 3579, 3594, 3595, 3600, 3624, 3631
Utah 3707, 3710
Vermont 3742, 3743, 3746, 3755, 3757, 3758, 3760, 3768
Virginia 3816, 3823, 3825, 3826, 3838, 3843, 3858, 3863, 3878, 3884, 3906
Washington 3976, 3983
West Virginia 4016, 4041, 4047
Wisconsin 4081, 4082, 4083
Wyoming 4121, 4126
Quartering of Soldiers on the citizens :
The United States 29
Quorum, what constitutes :
The United States 20
Railroads, provisions concerning {see also Corporation and special
legislation) :
Alabama 179,180,224,225
Arkansas 360
California 439
Colorado j 505, 506
Florida 725, 758
Georgia 854
Idaho 939, 940, 941
Illinois 1042, 1046
Kansas 1261
Kentucivy 1347
Louisiana 1512, 1579, 1581, 1584, 1602
Maryland 1759, 1798
Michigan 1969
Mississippi 2112, 2113
Missouri 2259, 2265
Montana 2329
Nebraska 2381
New Jersey 2805
New York 2678, 2707
North Dakota 2870, 2871
Pennsylvania . 3127. 3128,3146
South Carolina 3331, 3332, 3333, 3354
South Dakota 3386, 3387
Texas 3630, 3646, 3649, 3671
Utah 3769, 3723
Virginia 3939, 3940, 3943, 3944, 3945, 3947. 3949, 3950
Washington .^_ 3996, 3997, 3998
Wyoming 4140,4141, 4143
Raleigh, Sir Walter, charter to 53
4414 Index
Ratification of the Federal Constitution : Page.
The United States ■ 27
Rebel debts, repudiation of :
Arkansas 309
Florida 721
Georgia 811, 837, 866
Louisiana 1465
Mississippi 2086
North Carolina 2823
South Carolina 3300
Tennessee 3446
Texas 3616
Virginia 3862
Rebellion, suspension of habeas corpus :
The United States 22
Receipts and expenditures, accounts of:
The United States 23
Records of States, full faith to, by other States :
The United States 26
Referendum and initiative. {See Initiative and referendum.)
Reformatories :
Kansas 1190,1253
Mississippi 2086, 2117
Nehraska ^ 2379
Nevada ' 2420
New York 2728, 2729
North Carolina 2819,2820,2841
South Carolina 3302,3340,3383
Texas 3644
AVashington * 3998
Wyoming 4137
Registers of wills. (See Courts of probate.)
Registration of voters :
Alabama 172, 210
Arkansas 320, 321
Colorado i 493
Delaware 620
Florida 720, 744
Georgia 845
Kansas 1182
Kentucky 1336
Louisiana 1502
Mississippi 2079, 2120
Missouri 2196, 2227, 2253
Nevada 2404
North Ciirolina- 2835
Rhode Island 3230, 3236
South Carolina »_— 3298,3310
Virginia 3862, 3907
Washington 3988
West Virginia 4031,4045
Religious liberty (see also Religious tests) :
Alabama 97
Arkansas 303, 308, 336
California 391, 413
Colorado 475
Connecticut 537
Delaware 582,601
Florida 664,686,705,706,733
Georgia 789, 810. 823, 843
Idalio 919
Illinois 981,1007
Indiana 1058, 1074
Iowa - 1123,1137
Kansas 1181. 1215, 1223, 1242
Kentuckv 1274, 1289, 1312. 1316
Louisiana 1450, 1522
Index 4415
Religious - liberty — Continued. Page.
Maine 1641
Maryland 1689, 1715, 1744, 1782
Massachusetts 1890, 1914
Michigan 1931
Minnesota 1993
Mississippi 20.33, 2049, 2070
Missouri 2163, 2192, 2230
Montana 2301
Nebraslca 2350, 2361
Nevada 2398, 2402
New Hampshire 2454,2471
New Jersey 2597
New Yorlv L 2637, 2653,2094
North Carolina 2788
North Dakota 2854
Ohio 2910, 2914
Pennsylvania 3082, 3100, 3113, 3121
Rhode Island 3222
South Carolina 3282
South Dakota 3400
Tennessee 3422, 3427, 3449
Texas 3547, 3570, 3592, 3621
Utah 3702
Vermont 3740, 3752, .3762
Virginia 3814, 3831, 3906
Washington 3974
Wisconsin 4078
Wyoming 4118
Religious tests' for office :
Alabama 154, 182
Arkansas 303, 308, 3.36
Colorado 475
Connecticut 537
Delaware 566,568,582,601
Georgia 780, 810
Illinois 981, 1007
Indiana 1074
Iowa 1123, 1137
Kansas 1181, 1215, 122.3, 1242
Louisiana ^ 1450
Maine 1641
Marvland 1690, 1715, 1745, 1782
Massachusetts 1890, 1912, 1913
Minnesota 1993
Mississippi 2061, 2070, 2084, 2092
Nebraska 2.350,2361
New Hampshire 2477, 2492
New Jersey 2.599
North Carolina 2793
Ohio 2914
Oregon 2998
Pennsylvania 3085, 3100, .3113, 3121
South Carolina 3256
Tennessee 3422, 3427, 3449
Texas 3547, 3570, 3592, 3621
Utah 3721
Vermont 374.3, 3757
Virginia 3824, 3860, 3885, .3915
Washington 3974
West Virginia 401.5, 40.36
Wisconsin 4079
Wyoming 4118
Removals from office (see also Impeachment, provisions concerning) :
Alabama 131, 171, 166, 208
Arkansas 358
Colorado 502
4416 Index
Removals from office — Continued. Page.
Counectic-ut 545
Delaware 1 589,625
Florida 689, 690, 712, 740, 741
Idaho 927
Illinois 977, 997, 1022
Indiana 1062, 1064, 1081
Iowa 1130,1145
Kansas 1185, 1204, 1229, 1244, 1248
Kentucky 1282. 1286, 1298, 1305. 1325, 1326
Louisiana _. 1385. 1388, 1402. 1421. 1436. 1440. 1456, 1462, 1481, 1503, 1533, 1567
Maine 1657
Mainland 1705, 1719, 1750
Massachusetts 1897
Michigan 1936, 1938. 1952, 1960
Minnesota 2018
Mississippi 2041, 2043, 2059, 2060
Missouri 2157, 2211, 2252
Montana 2315
Nebraska 2355. 2372, 2373
Nevada ^1 2412, 2416
New Hampshire 2461, 2483, 2503
New Jersev 2607
New York 2643. 2644. 2660. 2663, 2670, 2711
North Carolina--! 2829
North Dalcota 2879
Ohio : 2905
Oregon 3006
Pennsvlvania 3087, 3096, 3108
Rhode Island 3233
South Carolina 3253, 3262, 3263, 3268, 3274, 3290, 3319
South Dakota 3363, 3385
Tennessee 3433,3435
Texas 3557, 3580, 3588, 3601, 3608, 3632, 3634, 3655
Utah 3712
Vermont 3745, 3756
Virginia 3864
Washington 3981
West Virginia 4023, 4048
Representative districts. Congressional :
Alabama 147
Arkansas 326
California 421
Colorado 486
Minnesota 2020
Representative districts, State. {See Apportionment and census.)
Representatives in State Legislatures. {See State representatives.)
Reprieves and pardons:
The United States 24
Republican form of government guaranteed :
The United States 26
Reserved rights :
The United States 26,30
Resolutions, concurrent :
The United States 21
Returns of election :
Alabama 103, 126, 131. 140, 145, 164, 172, 197
Arkansas 277, 296, 316, 317
California 397,423
Colorado 438,511
Connecticut - 539
Delaware 572, 610, 621, 622
Florida 666, 675, 688, 697
Georgia :__ 855
Idaho 949. 950, 951
Illinois 1011.1224
Indiana 1062
Index 4417
Retttrns of election — Continued. PaRo,
Iowa 1129, 1151;
Kansas 1182, 1185, 1200, 1218, 1219, 1228, 1239, 1259, 1260
Kentucky 1309
Louisiana 1410, 1428, 1435, 1448, 1468, 1469, 1480. 1515
Maine 1650, 1652, 165:5
Maryland 1718. 1749
Massachusetts 1898, 1899. 1911
Michigan ^ 1935, 1942, 1972
Minnesota 2003
Mississippi 2039,
2045, 2047, 2048, 2055, 2062, 2075, 2102, 2129, 2130, 2131, 2132
Missouri 2157,2167,
2177, 2186, 2187, 2188, 2195, 2196, 2197, 2198, 2199, 2206, 2244, 2272
Montana 2339,2340
Nebraska 2361, 2371, 2386
Nevada 2410, 2430, 2431
New Hampshire 2459
New Jersey 2614
North Carolina 2807
North Dakota 2891
Ohio 2919,2935
Oregon 3017,3018
Pennsylvania 3103
Rhode Island 3239
South Carolina 3271, 3273, 3290, 3310, 3312, 3314, 3318
South Dakota 3396, 3397,3398
Tennessee 3432, 3441, 3442
Texas 3556, 3600, 3618, 3619, 3631
Utah 3732, 3733
Vermont 3744. 3757, 3767
Virginia 3837, 3843, 3859, 3863, 3877, 3899
Washington 3980,4006,4008
West Virginia 4022
Wisconsin 4097
Wyoming 4127, 4151, 4152. 4153
Revenue. (Nee Finance; Taxation.)
Revenue bills, to originate in the House. {Sec Appropriations; Finance;
Taxation.)
Rhode Island, the State of :
Plantation agreement at Providence, 1640 3205
Government of Rhode Island, 1641 .3207
Patent for Providence Plantations. 1643 3209
Charter of Rhode Island and Providence Plantations, 1663 3211
Constitution of Rhode Island, 1842 3222
Right of search restricted :
The United States 29
Alabama _• 97, 117, 133, 154. 183
Arkansas 269,290,308,335
California 392,414
Colorado ^ 475
Connecticut -l 537
Delaware 569, 583, 601
Florida 665, 686, 706, 734
Georgia 811,823,843
Idaho 920
Illinois 981, 1007, 1014
Indiana 1058.1074
Iowa 1124,1137
Kansas. 1181, 1216, 1224, 1243
Kentucky 1274, 1289, 1313, 1317
Louisiana 1450,1523
Maine 1647
Maryland 1688, 1714, 1744
Massachusetts 1891
Michigan 1931,1955
Minnesota 1992
4418 Index
Right of search restricted — Continued. Page.
Mississippi 2033, 2049, 2070
Missouri 2163, 2193, 2230
Montana 2302
Nebraska 2.350,2362
Nevada 2404
New Hampshire 2456.2473
New Jersey 2600
North Carolina 2823
North Dakota 2856
Ohio 2915
Oregon 2998
Pennsylvania -3083,3100,311.3,3122
Rhode Island 3223
South Carolina 3283
South Dakota 3370
Tennessee 3422. .3427
Texas 3548, 3.570, 3592, 3622
Utah 3703
Vermont 3741, 3753, 3763
Virginia 3814, 3874, 3906
West Virginia 4036
Wisconsin 4078
Wyoming. 4117
Roads, post, and post-offices:
The United States 22
Rotation in office :
Alabama 115
Maryland 1689.1715
Massachusetts 1890. 1801
New Hampshire 2466, 2467
Rules of proceedings of Congress :
The United States 20
Salaries of officials. (See Compensation of members of legislative
bodies. )
Salt springs, provisions concerning :
Alabama 94
Arkansas 266
Colorado 472
Illinois 969
Indiana 1055
Iowa 1120
Kansas 1220
Michigan : 1929
Minnesota 1989
Missouri 2147, 2167
Nebraska ^ 2346
New York 2649,26-52
Ohio 2899
Wisconsin 4074
Samoa (Tutuila) :
General for the Sainoan Islands. 1889 3675
Com-ention for the partition of Samoa, 1899 3685
Schedule to Constitution :
Alabama 112, 233
Arkansas 28-5, -304. -368
California 405, 449
Colorado -509
Delaware 580, 597, 6.33
Florida 680, 702, 720, 759
Idaho 948
Illinois 983. 1010
Indiana 1092
Iowa 1134, 1154
Kansas 1217. 12-39, 12.58
Kentuckv 1276, 1291, 1314, 1-3-56
Louisiana 1408, 1447, 1467, 1514, 1593
Index 4419
Schedule to Constitution — Continued. Page.
Maine - 166-1
Maryland 1775
Michigan 1941, 1970
Minnesota 2019
Mississippi 2046, 2003, 2087, 2127
Missouri : 2104, 2270, 2335
Montana 2335
Nebraska 2.359, 2385
Nevada 2423
New Jersey 2613
North Daljota 2889
Ohio 2912, 2933
Oregon 3016
. Pennsylvania 3102,3115,3148
South Daiiota 3395
Tennessee 3425, 3440
Texas 3665
Utah ^ 3730
Virginia 3898, 3956
Washington 4005
Wisconsin 4095
Wyoming 4150
Science and arts, promotion of :
The United States 22
Schools, management of, women eligible to offices connected with
THE :
Minnesota 2008
North Dakota 2809
Pennsvlvania 3143
Utah 3705
Seat of government, exclusive jurisdiction over:
The United States 22
Secession repudi.\ted :
Alabama 156
Arliansas 307, 309
Florida 705
Louisiana 1465. 1467
Mississippi 2067, 2087
Missouri 2184, 2185, 2195
Nevada 2402
North Carolina 2801, 2822
South Carolina--". 3281
Tennessee 3445,3446,3447
Texas 3615
Virginia 3873, 3876
Secrecy of proceedings of Congress :
The United States 20
Secret political societies not to be tolerated :
North Carolina 2824
Secretary of state, the State, provisions concerning :
Alabama 126, 140. 163. 164, 166, 167, 196, 197, 198. 200, 201, 202
Arkansas 272, 274, 278, 292, 315, 317, 341, 342, 344
California 395, 398, 399, 406, 408, 418, 424
Colorado 478. 481
Connecticut 546, 548, 549, 551. 554
Delaware 574, 588, 611, 620
Florida 658, 681, 712, 715, 741. 742
Georgia 797. 818, 832, 857, 858
Idaho 906, 910, 924, 925. 928, 932, 938
Illinois 960, 978, 998, 1018, 102.3, 1026. 1027
Indiana 1004. 1071. 1072. 1083
Iowa 1112, 1130. 1146, 1155
Kansas 1162,1166,1169,1185,1229,1243
Kentucky 1269. 1328. 1329
Louisiana 1365, 1373. 1374. 1386, 1399, 1402,
1418, 1438, 1457, 1458, 1480, 1483, 1515, 1516, 1532, 1535, 1567
4420 Index
Secretary of state, the State, provisions concerning — Continued. Page.
Maine 1658
Maryland 1720, 1751, 1788
Massachusetts 1905, 1918
Michigan 1937, 1957, 1958
Minnesota 1982,2004,2018
Mississipi 2040,2055.2058.2076,2105
Missouri - 2142, 2152.
2154, 2173, 2175, 2185, 2188. 2200, 2211, 2218, 2244, 2240, 2247, 2252
Montana 2282, 231.5, 2316, 232G
Nebraska 2354. 2356, 2364, 2371. 2374, 2.380
Nevada _ 2.392.2.39.5.2412,2427
New Hampshire 2466, 2469. 2485, 2508, 2512
New Jersey 2612
New Mexico 2617
New York 2661, 267.3. 2712, 2714
North Carolina 2792, 2809, 2827, 2829, 2839
North Dakota 2846, 2857, 2863, 2864, 2873
Ohio 2905, 2912, 2919, 2920, 2929, 2932, 2937
Oklahoma 2940,2947
Oregon 2987, 3007, 3008
Pennsylvania 3096. 3107, 3108, 3130, 3131, 3132, 3133
Rhode Island 3229, .32.30. .3238, 3239
South Carolina 3240,3254,3277.3292,3321
South Dakota-^ 336.5. .3393
Tennessee 1 3416, 3433, 3459. 3461
Texas 3581. 3602. .360.3. 3608, 3634
Utah 3688,3691.3710,3713,-3714
Vermont — 374.5, 37-58, 3769, 3774
Virginia 3844, 38(W. .3876, .3877, 3879, .3920, 3962
Wa.shington 3964, .3968, 3980, 3982
West Virginia 402.3. 4046. 4069, 4085, 4092
Wisconsin 4066.4069,4085,4092
Wyoming 4106.4110.4128.414.5,4148.4152
Senators. State, provisions concernino. {See State senators.)
Senatorial districts. State. (See Apportionment and Census.)
Senators, United States :
Qualifications of —
The United States 20
Election of —
The United States 20
California 407
Florida 723
Louisiana 1397. 1415, 1435, 1455
Michigan 1927
Nebraska 2388
Nevada 2409
New York 26,59
Rhode Island 3228
Ineligible to office 21
May not be an elector 23
Two from each State 20
Term of office 20
May be appointed to fill a vacancy 20
Compensation 21
Privileged from arrest ' 21
To take an oath 20
Sessions of Congress, to be held once a year :
The United States 19
Sheriffs :
Alabama 105. 1.30, 141.202
Arkansas 283. .350
California 410
Colorado 503
Connecticut ^ 539. 541. .54.3. 549. .554
Delaware 579. 588, 595.598
Florida 703, 750
Index 4421
SiiKRiFTS — Continued. Page.
Georgia TOO, 839, 871
Idnho -^4"
Illinois 9SB, 1010, 1040
Indiana 1005. 1083
Iowa -— 111-i
Kansas 1205
Kentucky 1271, 1284, 1285, 1306, 1330, 1351
Louisiana- 1402. 1420, 1440, 1401. 1491, 149G, 1504, 1543, 1544, 1551, 1605, IGOtJ
Maine '- 1''02
Maryland 1691, 1698. 1699, 1700.1766,1810
Massachusetts l^OD
Michigan __- 1 W37. lO-'O
Mississippi- 2041, 2057, 2059, 2077, 2079,210.5,2131
Missouri 2152. 2158, 2207,2255,22.56
Montana 2332
Nevada 2409
New Hampshire 2460. 2464, 2469, 248*!
New Jersey 2597. 2598
New York 2670. 2730
North Carolina 2793, 2832
North Dakota 28o7
Ohio 2908,2912
Oregon 2994,3008
Pennsylvania 3089, 3098, 3102,8111,3143
South" Carolina ?«254
Tennessee 3436,3463
Texas __ 3607,3642
Vermont ^ 376.5, 377-5. .3777
Virginia 3849, 3850,3869,3901
Washington 3970
West Virginia 4026,404.3,4056
Wisconsin 4067, 4068, 408.5, 4101
Slavery. (See Abolishment of slavery; Free persons of coloi- : Emanci-
p'ation. )
Soldiers' votes, provisions concerning :
Arkansas ^04
Connecticut -^^O
Kansas 1251
Maine - 1649
Maryland 1777
Michigan 975
Mississippi 2080
Missouri 2186, 2198, 2220
Nevada 2-129
New Jersev 2601
New York 267.5, 267<!
llhodo Island 3235
Tennessee 3447
South Carolina, the State of :
Declaration and Proposals of the Lord Proprietor of Carolina, 1663_- 2753
Cliarter of Carolina, 1663 ,_ 2743
Concessions and agreements, 1665 2756
Charter of Carolina, 1665 2761
Fundamental Constitutions of Carolina. 1669 2772
Constitution of South Carolina, 1776 ,3241
Constitution of South Carolina, 1778 3248
Constitution of South Carolina, 1790 3258
Constitution, of South Carolina, 1865 3269
Constitution of South Carolina, 1868 3281
Constitution of South Carolina, 1895 3307
South Dakota, the State of :
Temporary government. Territory of Dakota, 1861 ^ 2845
Relevant organic acts, 1803-1889 335J>
Enabling act for South Dakota. 1889 2289
Proclamation concerning admission of South Dakota, 1889 3.3.55
Constitution of South Dakota, 1889 - 3357
7535— VOL 7—09 41
4422 Index
Spanish lanc;ua(;k, the, publication of the laws in : Page.
California ■- 404
Colorado 508
Speaker of the House of Representatives :
The United States 20
Alabama 101. 105, 122.128,136.158,188
Arkansas 273.279,203,311,339
California J 394,417,424
Colorado 483,484
Connecticut 540
Delaware 1 571,585,008
Florida ^___- 009,091,73(5
Georgia '_ 780, 792, 814, 828, 850, 855, 85<i
Idaho *- ^ 1 921
Illinois 973,988,1018
Indiana 1001. 1062. 1078
Iowa 1120. 1140
Kansas 1183. 1206, 1229
Kentucky 1200. 1278. 1294
Louisiana 1382,1412.1477
Maine -i 1653
Maryland '_ 1092, 1718. 1722, 1786
Massachusetts 1899
Michigan 1934, 1947, 1948
Minnesota •: 1996
Mississippi 2037, 2053. 2072
Missouri 2202,2237
Montana 2308
Nebraska 2352,2353,2304
Nevada -^ 2406
New Hampshire 2402,2478
New Jersey — 2603
New York 2059
North Carolina 2790,2800.2826
North Dakota i 2857
Ohio 2902
Oregon 301>3
Pennsylvania J 3093,3105
Rhode Island 3228
South Carolina - 3244,3287.3314
South Dakota • 3360
Tennessee 3415.3430,3454
Texas 3550, 3573
Utah .--■ 370S
Vermont • 3755.3765
A' irginia 3824. 3838, 3859, 3884. 3912
AVashington 3976
West Virginia 4021
Wisconsin 4082
Wyoming 4121
Special legislation :
Alabama IGO, 194
Arkansas 340,341
California 419
Colorado -^08
Florida T08, 737
Georgia 1 •S44, 854, 872
Idaho 922
Illinois 1<»21, 1023
Indiana 1079
Iowa 1142
Kansas 1227
Kentucky l'^23
Louisiana 1405, 1443, 1404, 1478, 1529, 1559
Maryland 1723, 1726. 1757
Michigan 1949,1950
Minnesota 2000, 2001
Index 4423
Special legislation — Continued. Page.
Mississippi 209S, 2099, 2100
Missouri 2203, 2240, 2242
Montana _^ 2307
Nebrasliu 2360
New Jersey l — : 2G04, 2605
New Yorlv 2677, 2707
North Dakota ' L 2860
Pennsylvania l ,_. 3126
South Carolina ^ i 3317
South Dakota ^ 3361
Tennessee 1 3457
Texas 3561, 3584, T,585, 3616, 3629, 3630,8631
Utah : 3799
Yirsinia 391G
Washington 3978
V/est Virginia 4021
Wisconsin 4083
W^yoming 4123
t^TATE BOARDS OF EDUCATION. {8ce Education, provisions concerning.)
iSXATE REPRESENT.\TIVES :
Alabama _._ 99, 101, 120, 136, 158, 187
Arkansas 271, 291, 338
California 393, 394, 416
Colorado 481
Connecticut 539
Delaware 564, 570, 571, 584, 603
Florida 669, 690, 707, 735
Georgia 778, 779, 785, 791, 806, 811, 826, 846
Idaho 921
Illinois 973, 986, 1015
Indiana 1 »_ 1060, 1077
Iowa—, L 1126, 1140
Kansas 1183, 1205, 1226, 1245
Kentucky •_ 1265. 1277, 1292, 1319
Louisiana _ 1381, 1392, l.mS, 1411, 14.30, 1450, 1472, 1524
Maine 1651
Maryland 1687,
1692, 1693, 1694, 1095, 1696, 1706, 1707, 1708, 1721, 1725, 1752, 1791
Massachusetts 1893, 1919
Michigan ___ 1933, 1945
Minnesota 1995, 2020
Mississippi ■ 2035, 20.12, 2072,' 2093
Missouri 1 2151, 2200, 2233
Montana 2.304
Nebraska 2351, 2363
Nevada 2405
• New Hampshire- , 2452, 2461, 2475, 2498
New .Jersey 2595,2601
New York 2629, 2641, 2656, 2698
North Carolina 2790, 2795, 2803, 2825
North Dakota 1 2856
Ohio 2901. 2915
Oregon 3002
Pennsylvania 8084, 3092, 3104, 8123
Rhode Island ,3226, 3228
South Carolina 324.3, 3266, 3269, 3285, 3.307, 3312
South Dakota ,3.']5S
Teimessee 3414, 3430, 3453
Texas 3.550, 3572, 3594, 3624
Utah 3706
Vermont 3743, 3754, 3764
Virginia 3816, .3817, 8821, 3833, 8856, 3880, 3911
Washington 3976
West Virginia 4017,4039
Wisconsin 4081
Wyoming 4120
4424 Index
State senators : Page.
Alabama 99, 120, 136, 158. 187
Arkansas 271, 292, 838
California 393,394,415
Coloraao 481
Connecticut 539
Delaware 570,571,584.003
Florida 009,690,707.735
Georgia 785,791,811.820.840
Idaho 921
Illinois 973, 980, 1015
Indiana 1060. 1077
Iowa 1126, 1140
Kansas 1183.1205,1220,1245
Kentufkv 1205,1277,1292.1319
Louisiana 1381, 1392, 1393, 1411, 1430, 1450, 1472. 1524
Maine 1053
Maryland 1091.
1692, 1693, 1094, 1695, 1696, 1706, 1707, 1708, 1721, 1725, 1752, 1791
Massachusetts 1893, 1919
Michigan :_ 1933. 1945
Minnesota 1995, 2020
Mississippi 2035,2(152,2072.2093
Missouri 2151,2200,2233
Montana l 2304
Nebraska 2351,2363
Nevada 2405
New Hampshire M59, 2475, 2498
New Jersey 2001
New York 2031,2038,2658,2698
North Carolina 2790,2795,2803,2825
North Dakota 2856
Ohio : 2901, 2915
Oregon 3002
Pennsylvania - 3092,3104,3123
Rhode Island 3220,3228
South Carolina 3200, 3209, 3285, 3307, 3312
South Dakota 3358
Tennessee 3414.3430,3453
Texas — _ 3550,3572,3594,3624
Utah 3706
Vermont 3772
Virginia 3821,3834,3856,3880,3911
Washington 3970
West Virginia -1017, 4039
Wisconsin -1081
Wyoming ^"120
State supekintendents of runi.ic instruction. (Sec Education.)
State treasirfrs :
Alabama 105.12(5.140.103,104,100,107.190.197,200.201.202
Arkansas 272,274.280,292,298.315,341.342.344
California 395,398,399,408,418,424
Colorado 478,481
Connecticut •"">42, 551, 554
Delaware _ 579,580,587,010,011,020
Florida 081,000,712,715,741.742
Georgia — -^- 797, 818, 832, 857, 858. 887
Idaho 924, 925. 928. 932
Illinois___ 978,998.1024,1020.1027
Indiana - 1005,1071,1072,1083
Iowa 1130.1140.1155
Kansas _' 1185,1205,1229,1243
Kentucky 1285,1309,1328,1329,1357
Louisiana 1387. 1397, 14(J2. 1418, 1430, 1458, 1480, 1488, 1532, 1535. 1567
Maine 1059, 1007
Maryland 1(J93. 1700, 1735, 1758, 1708, 1769, 1770, 1813, 1820
Massachusetts 1918
Michigan 1937, 1957, 1958
Index 4425
State treasukeks — Continued. Page.
Miuuesutii 2003, 201S
Mississippi 2041, 2055, 2059, 2077, 2105
Missouri 2154, 2155, 2206, 2211, 222G, 2244, 2246, 2247, 2252. 2262
Montana 2313,2326
Nebraska 2354,2356,2371,2374
Nevada 2412, 2427
New Hampshire 2466,2469,2485,2508,2512
New Jersey 2612
New York 2661,2662,2673,2712,2714
North Carolina 2792,2809,2827,2829,2839
North Dakota 3375, 3393
Ohio 2919,2937
Oregon 3008
Pennsylvania 3087,3099,3111,3130
Rhode Island 3230, 3238, 3239
South Carolina 3246, 3254. 3277, 3278, 3292, 3321
South Dakota 3325, 3393
Teimessee 3416,3420,3437.3461
Texas 3559, 3582; 3602, 3(503, 3608, 3635
Utah 3710, 3713, 3714
Vermont : 3745, 3756, 3758, 3769, 3770, 3774, 3775, 3776
Virginia 3818, 3828, 3844. 3864, 3876, 3877, 3879, 3820
Washington 3980,3982
West Virginia 4023. 4046
Wisconsin 4085. 4092
Wyoming 4128,4129
States. PKovlSIO^^s in the Coastitutiox ok the irxiTEO States concerning the :
Each to have one Representative 19
Two Senators from each 20
Prescribe elections to Congress 19
May not tax exports 22
Prohibitions to 23
May choose electors 23
Public acts and records of 26
Citizens of. entitled to privileges ^_-. 26
To deliver up fugitives 26
To have republican form of government 26
To be defended from invasion 26
To have equal suffrage in the Senate 27
Choice of President bv 23.30
Electors to meet in 23,30
Commerce among 23
To appoint officers of militia 22
New, may be admitted 26
May amend Constitution 26
Rights reserved to 30
May not be sued by citizens 30
Suffrage, qualifications for. (See Electors.)
Surveyors :
Arkansas 283. 350
California 309.408.418.424
Georgia 797
Indiana 1083
Kansas r 1205
Kentucky 1285.1306
Michigan 1937
Mississippi 2059, 2077
New York 2661. 2712
North Carolina J 2815
Oregon 3008
South Carolina 3263
Virginia ■ 3869
Tender, (jold and silver, the oxly legal:
The United States 23
Tennessee, the State of:
Relevant organic acts, 1609-1776 3409
Act of Congress accepting the cession of Tennessee, 1790 3409
4426 Index
Tennessee, the State of — Continued. Page.
Act of Consress establishing the Tei-ritorial government south of the
Ohio, 1790 3413
Constitution of Tennessee, 1T9(; 3414
Constitution of Tennessee, 1834 3426
Constitution of Tennessee, 1870 3448
Texas, the State of :
Spanish claim of dominion in x\mei'ica, 1492-!)3 3941
Constitution of the Republic of Mexico, 1824 3975
Con.'stitution of Coahuila and Texas, 1827 3495
Provisional constitution of Texas, 1835 3520
Declaration of Texan independence, 1835 3527.
Executive ordinance of Texas, 183G 3530
Declaration of independence, 183(5 3528
Constitution of the Republic of Texas, 183() 3532
Convention between tlie United States and Texas. 18.38 3543
Joint resolution of Congress admitting Texas into the Union. 1845 3544
Consent of Texas to annexation, 1845 3546
Constitution of Texas, 1845 3547
Treaty of Ouadalupe-Hidalgo with Mexico. 1848 377
Constitution of Texas, 1806 3569
Timber, reservation of :
Colorado 508
Massachusetts ___. 1885, 1886
Title of nobility, the receipt of, prohiiutei):
The United States 23
Treason :
The United States 25,26
Alabama 08, 1<t8, 118, 134, 155, 184
Arkansas 308,3.35
California 392,414
Colorado 470
Connecticut 546
Delaware 574,589,625
Florida 734
Georgia 824, 825
Idaho 921
Illinois : 1002. 1034
Indiana 1067, 1077
Iowa 1124,1138
Kansas 1211
Kentuckv 1269, 1272, 1286. 1307. 1351
Louisiana 1383, 1388, 1396, 140.3, 1463
Maine 1648, 1655
Marvland . 1688,1714.1743,1781
Massachusetts 1908
Michigan 1956
Minnesota 1992, 2007
Mississippi 2060, 2071, 2091
Missouri 21.53,2164,2193,2231
Montana 2302
Nebraska 2350, 2352, 2302, 2365, 2378
Nevada 2404
New Hampshire 2473.2496
New Jersey - 2600
New York . 2643,2660,2710
North Carolina 2810, 2830
North Dakota 285(5
Ohio 2902,2907
Oregon 2999,3007
Pennsvlvania 3096.3109
South Carolina 3298
South Dakota 3371
Texas 3583, 3643
Utah __• - - 3705, 3707
Vermont ' — 3(578
Virginia 3875, .3903
Washington 397.5
Index 4427
Tkeason— Continued. Pago.
West Virginia 4010.403")
Wisconsin 4078
Wyoming 411!>
Unusual punishment, proiiiiuted:
The United States :'.(i
Univeksities and colleges:
Alabama 124. 149, 177,227,229
Arkansas 322
California 409,432,455
Colorado 494,490
Connecticut 545
Georgia 809
Idaho . ^ 937, 938
Illinois 1035
Indiana : 1069
Iowa 1133, 1152
Kansas 1232, 1252
Louisiana 1407, 1420, 144(;. 1509, 1577, 1004
Maine 1001
Massachusetts.^ 1900
Michigan 1939, 1901
Minnesota , 2009
Mississippi 2081, 2115
Missouri 2227. 2228, 2263
Moi tana 2324
Nebraska 2358, 2379
New Hampshire 2407,2487,2493,2510
New York 2729
North Carolina 2794.2817.2818,2839
North Dakota 2872,2887,2888
Ohio 2911
Oregon 3011
Pennsylvania 3091
South Carolina 3301.3339,3374
South Dakota 3407
Tennessee 3440
Texas 3590,3045
Utah 3720.3721
Vermont 3748
Virginia 3893,3934
Washington 4000
Wisconsin ^ 4092
Wyoming : • 4114,4137
Utah, the State of :
Related organic acts, 1824-1848— -^ 3087
The Territory of Utah, 1850 3087
Enabling act for Utah, 1894 3093
Proclamation announcing admission of Utah, 1896 3099
Constitution of the State of Utah, 1895 3700
Vacancies in State offices, how filled :
Alabama 104, 105. 127, 129, 141. 144. 109. 205, 200
Arkansas 278, 279, 297, 310, 317, 342, 343, 344. 373
California . 397, 398, 423, 424. 453
Colorado 480,481,503
Connecticut 542
Delaware 563, 573. 574, 581. 588, Oil, 635
Florida 667, 608, 089. 094. 711, 732, 759, 760
Georgia _ 832,857
Idaho 931
Illinois 1025
Indiana 1003. 1084, 1130
Iowa 1145, 1146
Kansas 1186, 1204, 1209, 1229. 123-!, 1244
Kentucky 1268, 1298, 1303. 1306, 1310, 1326. 1327. 1333
Louisiana 1385, 1396, 1417, 1437, 1457, 1482, 1534
4428 Index
Vacancies in State offices, how fiet.ed — CVjntinue<l. Page.
Maine 1657
Maryland 1709, 1719, 1750, 1786, 1787
Massachusetts 1904,1905, 1920
Michigan 1936, 1940, 1952, 1958
Minnesota 2004
Mississippi 2040,2041,2059.2076,2077,2104,2107
Missouri 2156, 2157, 2170, 2171, 2189. 2205, 2207, 2208, 2210, 2245
Montana- ^320
Nebraslia . 2355,2372
Nevada 2411
New Hampshire 2465,2482,2492.2505
New Jersev__ 2607,2608,2614
New Yorkl — 2643,2660,2682,2683
North Carolina 2808,2813,2829,2832
North Dakota 2862
Ohio 2905,2920,2937
Oregon - 3007
Pennsylvania 3131, 3137
lUiode Island 3229, 3232, 3238
South Carolina—-: 3222,3246,3274,3277,3290
South Dakota 3360
Tennessee 34 18, 3433, 3436. 3459, 3464
Texas 3559,3606,3632,3668
Utah c: 3712
Vermont 3745,3756,3766
Virginia 3848, 3868, 3920
Washinsiton 3981
West Virginia-, 4022,4023,4047.4050
Wisconsin 4084.4087
Wyoming . 4127
Vacancies in the State legislatures, how filled:
Alabama 102, 123, 137
Arkansas 297, 338
California 394.417
Colorado 482
Connecticut 542
Delaware 572, 585. 586, 607. 611
Florida 667.689.711.759.760
Georgia 797, 817. 826. 832, 856
Idaho 931
Illinois 974.988
Indiana lOGl
Iowa ■- 1127
Kansas- 1183,1204.1226.1246
Kentuclcv 1267.1296
Louisiana 1385, 1396. 1415, 1430, 1435, 1455
Maine 1653
Marvland 1697, 1719. 1787
Massachusetts 1898. 1920
Michigan ^ 1936. 1951
Minnesota 199'<
Mississii.pi 2037.2053
Missouri 2156,2245
Montana 2310
Nebraska 2354
Nevada 2406
New Hampshire 2477. 2492
New Jersey 2602
New York 2730
North Carolina 2797, 2806, 2813, 2826, 2832
North Dalcota 2862
Ohio 2902,2916
Oregon ^007
Pennsvlvania 3094.3106
Rhode Island •5229
South Carolina 3245, 3246, 3261, 3277. 3288, 3315
South Dakota ■>-'560
Index 4429
Yacanciks. IN Statk legislatures, how filled — Continued. Page.
Tennessee o41t), 8455
Texas :5559, 3595
Utah 3708
Vermont 3743
Virginia 3838
Washington 3977
West Virginia 4047
Wisconsin 4082
Wyoming 4121
Vermont, the State of :
Constitution of Vermont, 1777 3737
Constitution of Vermont, 1786 3749
Act of Congress for the admission of Vermont into the Union, 1791 3761
Constitution of Vermont, 1786 3737
Note on Vermont constitutions 3778
Veto power, the :
The United States 21
Alabama 200
Arkansas 279.297,313,343
California 395,418
Colorado 485
Connecticut 542
Florida 068,689,709,738
Georgia j_ 788, 797, 817, 832, 857
Idaho 926
Illinois 978, 997. 1025
Indiana 1064,1082
Iowa 1127, 1141
Kansas 1187,1230,1246
Kentucky 1267,1283,1299,1327
Louisiana 1386, 1399, 1457, 1534
Maine 1655
Maryland 1787
Massachusetts 1893
Michigan 1947
Minnesota 1996
Mississippi i 2040.2059.2073,2097
Missouri 2156,2205
Montana 2314
Nebraska 2373
Nevada 2409
New Hampshire 2482,2.505
New .Jersey 2607
New York ■___ 2641,2661,2680.2711
North Dakota 2863
•Ohio ^ 2917
Oregon 3007
Pennsylvania 3094,3106.3132
South Carolina .3275,3291.3320
South Dakota 3364
Tennessee 1 .34.59
Texas 8558,3581,3603,3633
Utah 3711
Vermont , .3774
Virginia 3919
Washington .3981
West Virginia 4048
Wisconsin 4085
Wyoming 4127
Yice-presujent only has a casting vote in the Senate:
The United States 20,31
YiRoiNiA. THE State of :
Letters patent to .John Cabot, 1496 45
Letters patent to Sir Humphrey Gilbert. 1578 49
Charter to Sir Walter Haleigh". 1.584 .53
The first charter of Virginia. 1606 3783
The second charter of Virginia, 1609 3790
4430 Index
Virginia, the State of— Contiimed. Page.
The third charter of Virginia, 1011-12 3802
Ordinances for Virginia. I(i21 3810
Declaration of eights by Virginia, 177<) 1 8812
Constitution of Virginia. 1776 3812
Constitution of Virginia, 18?>0 SSlft
Constitution of Virginia. 1850 3820
. Constitution of Virginia, 18(i4 3852
Constitution of Virginia, 1870 3871
Constitution of Virginia.* 1002 ■ 390i
Voting, qualificatioxs for. (See Electors.)
War, Congress may declare :
The United States 22
Wardens, certain towns authorized to elect :
Rhode Island .•>,231
Warrants for crime to be on oath :
The United States 20
WAREHOI SES FOR GRAIN, PROVISIONS CONCERNING :
Illinois 1044
Washington, the State of:
Related organic acts. 1818-1848 39t«
Territorial government of Washington. 1853 3003
Enabling act for Washington, 1880 2280
ConstitutioM of the State of Washington. 1880 . 3073
Weights and MEASfftES, standard of:
The United States 1 _ 22
West Virginia, the State of:
Related organic ads. 1.584-1S.50 4011
Act for the admission of West Virgiiua. 1802 4011
Proclamation announcing the admission of West Virginia, 1803 4012
Constitution of West Virginia, 1S(;1-180.'{ 4018
Transfer of territory to West Virginia, 180(5 4018
Constitution of West Virginia, 1872 4083,4285
Whipping, as a punishment for crime, prohhsited:
Georgia 824
Wisconsin, the State of:
Act of cession l)y Virgini.i. 1783 ■_ 055
Deed of cession from Virginia, 1784 057
Act of Congress establishing the Northwest Territorial government.
1787 0(j3
Act of ratification by A'irginia. 1788 057
Act of Congress establishing the Northwest Territorial government.
1780 003
Act of Congress establishing the Territorial government of Indiana.
1800 . 004
Act of Congress enabling Illinois to become a State, 1818 007
Act of Congress establishing the Territorial government of Wisconsin.
1836 4005
Act of Congress establishing the Territorial government of Iowa.
1888 1111
Act of Congress enabling Wisconsin to become a State. 1840 4071
Constitution of Wisconsin, 1848 4077
Act of Congress for the admission of Wisconsin, 1848 4074
Constitution of Texas. 1808 ' 8.501
Constitution of Texas, 1876 8021
Wives, provisions concerning. (Sec Exempted iiroi)erty: Married
women, provisions concerning.)
Wreck MASTERS :
Maryland ■ 17.80. 1772. 1810
Wyoming, the State of:
Related organic acts 4105
Teniitorary government for the Territory of Wyoming. 1808 4105
Act for the admission of Wvoming, 1800 :_- 4111
Constitution of the State of Wyoming, 1880 4117
Yeas and nays, when entered upon the .Journals of Congress:
The United States 20
o
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