Изображения страниц
PDF
EPUB

the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear, or affim, (as the case may be,) that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of

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

SEC. II. The Legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house.

SEC. III. Internal improvement shall be encouraged by the government of this State; and it shall be the duty of the Legislature, as soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals, and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, and economical application of the funds which may be appropriated to these objects.

SEC. IV. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws annually.

SEC. V. Divorces shall not be granted by the Legislature; but the Legislature may by law authorize the higher courts to grant them, under such restrictions as they may deem expedient.

SEC. VI. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

SEC. VII. No county now organized by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles.

SEC. VIII. The Governor, Secretary of State, Treasurer, and Auditor General, shall keep their offices at the seat of Government.

SEC. IX. The seat of government for this State shall be at Detroit, or at such other place or places as may be prescribed by law, until the year eighteen hundred and forty-seven, when it shall be permanently located by the Legislature.

SEC. X. The first Governor and Lieutenant Governor shall hold their offices until the first Monday of January eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter, they shall hold their offices for two years, and until their successors shall be elected and qualified.

SEC. XI. When a vacancy shall happen, occasioned by the death, resignation, or removal from office of any person holding office under this State, the successor thereto shall hold his office for the period for which his predecessor had to serve, and no longer, unless again chosen or re-appointed.

ARTICLE XIII.

SECTION 1. Any amendment or amendments, to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed

amendment or amendments shall be entered on their journals, with the ayes and nays taken thereon, and referred to the Legislature then next to be chosen; and shall be published for three months previous to the time of making such choice. And if in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two-thirds of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legis lature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amendments shall become part of the Constitution.

SEC. II. And if at any time two-thirds of the Senate and House of Representatives shall think it necessary to revise or change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the elec tors voting at such election have voted in favor of calling a Convention, the Legisla ture shall at its next session provide by law for calling a Convention to be holden within six months after the passage of such a law; and such Convention shall consist of a number of members not less than that of both branches of the Legislature.

[blocks in formation]

WE, THE PEOPLE of the Territory of lowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuance of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river, thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri, as established by the Constitution of that State, adopted June 12, 1820, crosses the said middle of the main channel of the said Des Moines river; thence westwardly, along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of fortythree degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river, to the place of beginning.

ARTICLE II.

SECTION I. All men are by nature free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

SEC. II. All political power 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.

SEC. III. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or for the maintenance of any minister or ministry.

SEC. IV. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.

SEC. V. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory, before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.

SEC. VI. All laws of a general nature shall have a uniform operation.

SEC. VII. Every person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No 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 appear to the jury that the matter charged as libelous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

SEC. VIII. 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 on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized.

Sac. IX. The right of trial by jury shall remain inviolate, but the General Assembly may authorize trial by a jury of a less number than twelve men, in inferior

courts.

SEC. X. In all criminal prosecutions, the accused shall have a right to a speedy trial by an impartial jury, to be informed of the accusation against him, to be confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel.

SEC. XI. No person shall be held to answer for a criminal offence, unless on presentment, or indictment by a Grand Jury, except in cases cognizable by Justices of the Peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

SEC. XII. 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, where the proof is evident or the presumption great.

SEC. XIII. The writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety require it.

SEC. XIV. 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.

SEC. XV. 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.

SEC. XVI. 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.

SEC. XVII. Excessive bail shall not be required, excessive fines shall not be impused, nor cruel and unusual punishments inflicted.

SEC. XVIII. Private property shall not be taken for public use without just compensation.

SEC. XIX. No person shall be imprisoned for debt in any civil action on mesne of final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.

[ocr errors]

.SEC. XX. 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.

SEC. XXI. No bill of attainder, ex post facto law, or law impairing the obliga tion of contracts, shall ever be passed.

SEC. XXII. 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.

SEC. XXIII. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.

SEC. XXIV. This enumeration of rights shall not be construed to impair or deny others, retained by the people.

ARTICLE III.

SECTION I. Every white male citizen of the United States, of the age of twentyone years, who shall have been a resident of the State six months next preceding the 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.

SEc. II. 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 such election, going to, and returning therefrom.

SEC. III. No elector shall be obliged to perform militia duty on the day of election, except in time of war, or public danger.

SEC. IV. No person in the military, naval or marine service of the United States,

« ПредыдущаяПродолжить »