« ПредыдущаяПродолжить »
Art. 144. In order that no inconvenience may result to the public service from the taking effect of this constitution, no office shall be superseded thereby; but the laws of the state relative to the duties of the several officers, executive, judicial, and military, shall remain in full force, though the same be contrary to this constitution, and the several duties shall be performed by the respective officers of the state, according to the existing laws, until the organization of the government under this constitution, and the entering into office of the new officers to be appointed under said government, and no longer.
Art. 145. Appointments to office by the executive under this constitution, shall be made by the governor to be elected under its authority.
Art. 146. The legislature shall provide for the removal of all causes now pending in the supreme court or other courts of the state under the constitution of 1845, to courts created by or under this constitution.
Art. 147. The time of service of all officers chosen by the people, at the first election under this constitution, shall terminate as though the election had been holden on the first Monday of November, 1851, and they had entered on the discharge of their duties at the time designated therein. The first class senators designated in article 17 shall hold their seats until the day of the closing of the general elections in November, 1853, and the second class until the day of the closing of the general elec tions in November, 1855.
Art. 148. The first election for judges of the supreme court shall be held on the first Monday of April next (1853), and they shall enter into office on the first Monday of May, 1853.
Art. 149. The first term of service of the district attorneys and the clerks of the inferior courts to be ordered and established under this constitution, shall be regulated by the term of service of the first governor, so that a new election for these officers shall be held on the first Monday of November, 1855.
Art. 150. Immediately after the adjournment of the convention, the governor shall issue his proclamation, directing the several officers of this state authorized by law to hold elections for members of the general assembly, to open and hold a poll in every parish of the state, at the places designated by law, upon the first Tuesday of November next, for the purpose of taking the sense of the good people of this state in regard to the adoption or rejection of this constitution; and it shall be the duty of said officers to receive the votes of all persons entitled to vote under the old constitution and under this constitution. Each voter shall express his opinion by depositing in a separate box, kept for that purpose, a ticket, whereon shall be written "the Constitution accepted," or "the Constitution rejected," or some such word as will distinctly convey the intention of the voter. At the conclusion of said election, which shall be conducted in every respect as the general state election is now conducted, the commissioners designated to preside over the same shall carefully examine and count each ballot so deposited, and shall forthwith make due returns thereof to the secretary of state, in conformity to the provisions of the existing law upon the subject of elections.
Art. 151. Upon the receipt of the said returns, or on the fifth Monday of November, if the returns be not sooner received, it shall be the duty of the governor, the secretary of state, the attorney-general, and the state treasurer, in the presence of all such persons as may choose to attend, to compare the votes given at the said poll for the ratification and rejection of this constitution, and if it shall appear from said returns that a majority of all the votes given is for ratifying this constitution, then it shall be the duty of the governor to make proclamation of that fact, and thenceforth this constitution shall be ordained and established as the constitution of the state of Louisiana. But whether this constitution be accepted or rejected, it shall be the duty of the governor to cause to be published in the official paper of the convention the result of the polls, showing the number of votes cast in each parish for and against the said constitution.
Art. 152. Should this constitution be accepted by the people, it shall also be the duty of the governor forthwith to issue his proclamation, declaring the present legislature, elected under the old constitution, to be dissolved, and directing the several officers of the state authorized by law to hold elections for members of the general assembly, to hold an election, at the places designated by law, upon the fourth Monday of December next, for governor, lieutenant-governor, members of the general assembly, secretary of state, attorney-general, treasurer, and superintendent of public education; and the said election shall be conducted and the returns thereof made in conformity with existing laws upon the subject of state elections.
Art. 153. The general assembly elected under this constitution shall convene at the state house, in Baton Rouge, upon the third Monday of January next after the
elections, and the governor and lieutenant-governor elected at the same time, shall be duly installed in office during the first week of this session, and before it shall be competent for the said general assembly to proceed with the transaction of business.
Art. 154. All the publications herein ordered shall be made in the official journal of the convention.
Art. 155. This constitution shall be published in French and English in the official journal of the convention, from the period of its adjournment until the first Tuesday of November, 1852, one thousand eight hundred and fifty-two.
Done at Baton Rouge, July 31st, 1852.
(Signed) DUNCAN F. KENNER, President of the Convention.
(Attest) J. B. WALTON, Secretary of the Convention.
J. P. Benjamin,
J. G. Campbell,
J. B. Cotton,
G. F. Connely,
F. D. Conrad,
F. Dugue, jr.,
M. C. Edwards, of Orleans,
N. S. Edwards,
George Eustis, jr.,
N. R. Jennings,
Jesse R. Jones,
Peyton G. King,
Philip B. Key,
John E. King, of St. Landry,
J. M. Lapeyre,
John B. Leefe, Chas. J. Leeds, W. Jones Lyle, Desire Le Blanc, John L. Lobdell, D. B. M'Millen,
L. Matthews, of Orleans, J. L. Matthews, Ant. Marero, George Mather, E. H. Martin, Edward Monge, Alfred M'Ilhenny, Tho. C. Nicholls, Benj. P. Paxton, Wm. Patterson, William Perkins, John W. Price, W. B. Phillips, Wm. W. Pugh, Wm. S. Parham, W. T. Palfrey, Robert Preaux, A. H. Pierson,
L. Vincent Reeves,
Sam. G. Risk,
D. D. Richardson, of St. Mary,
R. W. Richardson,
A. B. Roman,
Jno. M. Sandidge,
H. B. Shaw,
C. L. Swayze,
R. H. Sibley,
CONSTITUTION OF MISSISSIPPI.
Declaration of Rights.
THAT the general, great and essential principles of liberty and free government may be recognised and established, we declare :
§ 1. That all freemen, when they form a social compact, are equal in rights; and that no man, or set of men, are entitled to exclusive, separate public emoluments or privileges from the community, but in consideration of public services.
2. That all political power is inherent in the people, and all free governments are founded on their authority and established for their benefit; and, therefore, they have at all times an unalienable and indefeasible right to alter or abolish their form of government, in such manner as they may think expedient.
3. The exercise and enjoyment of religious profession and worship, without discrimination, shall for ever be free to all persons in this state : Provided, that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state.
4. No preference shall ever be given by law to any religious sect, or mode of worship.
5. That no person shall be molested for his opinions on any subject whatever, nor suffer any civil or political incapacity, or acquire any civil or political advantage, in consequence of such opinions, except in cases provided for in this constitution.
6. Every citizen may freely speak, write and publish his sentiments on all subjects; being responsible for the abuse of that liberty.
7. No law shall ever be passed to curtail or restrain the liberty of speech, or of the press.
8. In all prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the facts.
9. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures and searches; and that no warrant to search any place, or to seize any person or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation.
10. That in all criminal prosecutions the accused hath a right to be heard, by himself or counsel, or both; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and in all prosecutions by indictment or information a speedy and public trial by an impartial jury of the county where the offence was committed;
that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, but by due course of law.
11. No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the form which the same has prescribed; and no person shall be punished but in virtue of a law established and promulgated prior to the offence, and legally applied.
12. That no person shall, for any indictable offence, be proceeded against criminally by information: except in cases arising in the land or naval forces, or in the militia when in actual service, or by leave of the court, for misdemeanor in office.
13. No person shall, for the same offence, be twice put in jeopardy of life or limb; nor shall any person's property be taken or applied to public use without the consent of the legislature, and without just compensation being first made therefor.
14. That all courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
15. That no power of suspending laws shall be exercised, except by the legislature, or its authority.
16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
17. That all prisoners shall before conviction be bailable by sufficient securities, except for capital offences, where the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it.
18. That the person of a debtor, when there is not strong presumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.
19. No conviction for any offence shall work corruption of blood or forfeiture of estate: The legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts.
20. No property qualification for eligibility to office, or for the right of suffrage, shall ever be required by law in this state.
21. That the estates of suicides shall descend or vest as in cases of natural death: and if any person shall be killed by casuality, there shall be no forfeiture by reason thereof.
22. That the citizens have a right in a peaceable manner, to assemble together for their common good, and to apply to those vested with the powers of government for redress of grievances, or other proper pur. poses, by petition, address or remonstrance.
23. Every citizen has a right to bear arms in defence of himself and of the state.
24. No standing army shall be kept up without the consent of the legislature; and the military shall in all cases, and at all times, be in strict subordination to the civil power.
25. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, or in time of war, but in manner to be prescribed by law.
26. That no hereditary emoluments, privileges or honours, shall ever be granted or conferred in this state.
27. Emigration from this state shall not be prohibited, nor shall any free white citizen of this state ever be exiled under any pretence what
28. The right of trial by jury shall remain inviolate.
29. No person shall be debarred from prosecuting or defending any civil cause for or against him or herself before any tribunal in this state, by him or herself, or counsel or both.
30. No person shall ever be appointed or elected to any office in this state for life or during good behaviour; but the tenure of all offices shall be for some limited period of time, if the person appointed or elected thereto shall so long behave well.
The guard against transgressions of the high powers herein delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void.
Distribution of Powers.
§ 1. The powers of the government of the state of Mississippi, shall be divided into three distinct departments, and each of them confided to a separate body of magistracy; to wit: those which are legislative to one, those which are judicial to another, and those which are executive to another.
2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
§ 1. Every free white male person of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in this state one year next preceding an election, and the last four months within the county, city or town in which he offers to vote, shall be deemed a qualified elector. And any such qualified elector who may happen to be in any county, city or town other than that of his residence at the time of an election, or who shall have removed to any county, city or town within four months preceding the election, from any county, city or town, in which he would have been a qualified elector had he not so removed, may vote for any state or district officer or member of congress, for whom he could have voted in the county of his residence, or the county, city or town, from which he may have so removed.
2. Electors shall, in all cases, except in those of treason, felony or breach of the peace, be privileged from arrest, during their attendance on elections, and going to and returning from the same.
3. The first election shall be by ballot, and all future elections, by the people, shall be regulated by law.
4. The legislative power of this state shall be vested in two distinct branches; the one to be styled "the senate," the other "the house of representatives ;" and both together," the legislature of the state of Mis