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sons shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evideat or the presumption great.
13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion, the public safety require it.
14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.
15. 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 prescribed by law.
16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
17. Excessive bail shall not be required. Excessive fines shall not be imposed ; and cruel and unusual punishments shall not be inflicted.
18. Private property shall not be taken for public use without just compensation.
19. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.
20. The people have the right freely to assemble together to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.
21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
22. Foreigners who are, or who may hereafter become, residents of this State, shall enjoy the same rights, in respect to the possession, enjoyment, and descent of property, as native-born citizens.
23. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
24. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
ARTICLE III.—Right of Suffrage. Sec. 1. Every white male citizen of the United States, of the age of twenty. one years, who shall have been a resident of the State six months next preceding ihe election, and the county in which he claims his vote twenty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.
2. Électors 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 such election, going to and returning therefrom.
3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
4. No person in the military, naval, or marine service of the United States, shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place, or station within this State.
5. No idiot or insane person, or persons convicted of any infamous crime, shall be entitled to the privileges of an elector.
6. All elections by the people shall be by ballot.
ARTICLE IV.-Of the Distribution of Powers. The powers of the government of Iowa shall be divided into three separate departments; the Legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Legislative Department Sec. 1. The legislative authority of this State shall be vested in a Senate and House of Representatives, which shall be designated the General Assembly of the State of Iowa, and the style of their laws shall commence in the following manner: “Be it enacted by the General Assembly of the State of Iowa."
2. The sessions of the General Assembly shall be biennial, and shall commence on the first Monday of December next ensuing the election of its members; unless the Governor of the State shall, in the interim, convene the General Assembly by proclamation.
3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the first Monday in August, whose term of office shall continue two years from the day of the general election.
4. No person shall be a inember of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and have been an inhabitant of this State or territory one year next preceding his election; and at the time of his election, have an actual residence of thirty days in the county or district he may be chosen to represent.
5. Senators shall be chosen for the term of four years, at the same time and place as representatives; they shall be twenty-five years of age, and possess the qualifications of representatives as to residence and citizenship.
6. The number of senators shall not be less than one-third nor more than one-half the representative body, and at the first session of the General Assembly after this Constitution takes effect, the senators shall be divided by lot, as equally as may be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, so that one-half shall be chosen every two years.
7. When the number of senators is increased, they shall be annexed by lot to one of the two classes, so as to keep them as nearly equal in number as practicable.
8. Each house shall choose its own officers and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law.
9. 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.
10. Each house shall sit upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behavior, and with the consent of two-thirds, expel a member, but not a second time for the same offence, and shall have all other powers necessary for a branch of the General Assembly of a free and independent State.
11. Every member of the General Assembly shall have the liberty to dissent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals.
12. Senators and representatives in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
13. When vacancies occur in either house, the Governor or the person exercising the functions of the Governor, shall issue writs of election io fill such vacancies.
14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.
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 they may be sitting,
16. Bills may originate in either house, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, altered, or rejected by the other; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses.
17. Every bill which shall have passed the General Assembly shall, before it become a law, be presented to the Governor. If he approve, he shall sign it, but if not, he shall return it with his objections, to the house in which it originated, which shall enter the same upon the journal and proceed to reconsider it; it, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law notwithstanding the Governor's objections. If any bill shall not be returned within three days after it shall have been presented to him, Sunday excepted, the same shall be a law in like manner as if he had signed it, unless the General Assembly by adjournment prevent such return.
18. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every regular session of the General Assembly.
19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the members present.
20. The Governor, Secretary of State, auditor, treasurer, and judges of the Supreme and district courts, shall be liable to impeachments for any misde. meanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust or profit under this State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanors in office in such manner as the Genera! Assembly may provide.
21. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people.
22. No person holding any lucrative office under the United States, or this State, or any other power, shall be eligible to the General Assembly; Prorided, That officers in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.
23. No person who may hereafter be a collector or holder of public monies, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid into the treasury, all sums for which he may be liable.
24. No money shall be drawn from the treasury but in consequence of appra priations made by law.
25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day for the period of fitty. days from the commencement of the session, and shall not exceed the sum of one dollar 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 fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they shall travel, in going to and returning from their place of meeting, on the most usual route: provided, horecver, that the members of the first General Assembly under this Constitution shall receive two dollars per day for their services during the entire session.
26. Every law shall embrace but one object, which shall be expressed in this title.
27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State.
28. No divorce shall be granted by the General Assembly.
29. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
30. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear or affirm (as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of senator (or representative as the case may be), according to the best of my ability. And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation.
31. Within one year after the ratification of this Constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inhabitants of this Slate shall be made, in such manner as shall be directed by law. The number of senators and representatives shall, at their first regular session of the General Assembly after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each; and shall also, at every subsequent regular session, apportion the House of Representatives, and every other regular session the Senate, for eight years; and the House of Reprepentatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-nine nor exceeding seventy-two.
32. When a congressional, senatorial, or representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or representative district.
33. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journal,
31. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dollars; Secretary of State, five hundred dollars; treasurer, four hundred dollars; auditor, six hundred dollars; judges of the Supreme and district courts, each one thousand dollars.
ARTICLE V.-Executive Department. Sec. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of lowa.
2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office four years froin the time of his installation, and until his successor shall be qualilied.
3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years next preceding the election, and attained the age of thirty years at the time of said election.
4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but in case any two
or more have an equal and the highest number of votes, the General Assem. bly shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes, for Governor.
5. The Governor shall be commander-in-chief of the militia, the army, and pavy of this State.
6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices.
1. He shall see that the laws are faithfully executed.
8. When any office shall from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people.
9. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.
10. He shall communicate by message to the General Assembly, at every session, the condition of the State, and recommend such matters as he shall deem expedient.
11. In case of disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next General Assembly.
12. No person shall, while holding any other office under the United States, or this State, execute the office of Governor, except as hereinafter expressly provided.
13. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachment.
14. The Governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the time for which he shall have been elected.
15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa.
16. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the great seal of this State, signed by the Governor, and countersigned by the Secretary of State.
17. A Secretary of State, auditor of public accounts, and treasurer, shall be elected by the qualified electors, who shall continue in office two years. The Secretary of State shall keep a fair register of all the official acts of the Governor, and shall, when required, lay the same, together with all papers, minutes, and vouchers relative thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law.
18. In case of the impeachment of the Governor, his removal trom office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled.
19 If, during the vacancy of the office of Governor, the Secretary of State shall be impeached, displaced, resign, die, or be absent from the State, the powers and duties of the office of Governor shall devolve upon the President of the Senate; and should a vacancy occur by impeachment, death, resignation, or absence from the State, of the President of the Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled.
ARTICLE VI.-- Judicial Department. Sec. 1. The judicial power shall be vested in a Supreme Court, district courts, and such inferior courts as the General Assembly may from time to time establish.