Imágenes de páginas

upon tbeir duties respectively on the first Monday of June next, and shall continue in othce until the first Monday in January next.

SEC, 15. The oath of office may be administered by any Judge or Justice of the Peace, until the Legislature shall otherwise direct.

for the sale of the lands gi ject to the same rights of pi by law to settlers on the p

Resolved.—That the fo the Constitution of Wiscon Territory, and to the Congre

We, the undersigned, m the State of Wisconsin, to be of rejection do hereby certit che Convention.

In testimony whereof, w day of February, A. D. eight


President of the Thos. McHugh, Secretary.

RESOLUTIONS Resolved.—That the Congress of the United (sic) be and is hereby requested, upon the application of Wisconsin for admission into the Cnion, 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 purpose 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 conditions of the grant made therein, that the odd-numberel ser tions 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 provisions of an act of Congress entitled "an act to appropriate the proceeds of the sales of the public lanıls 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 United States for the same minimum 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 the U'nited 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 not granted by the laws of the United States, shall be secured to persons whe may be actually settled upon such 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 remitted to such purchasers, their representatives or assigns.

Resolved.—That Congress be requested, upon the application of Wisconsin for admission into the Union, to pass an act whereby the grant of the fire hundred thousand acres of land, to which the State of Wisconsin is entitled by the provisions of an Act of Congress entitled "an act to appropriate the pro ceeds 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 also the five per centum of the net proceeds

of the public lands lying within the State, to which it shall become entitled on its admission into the t'nion, by the provisions of an Act of Congress 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 l'nion," approved 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 ('ongress of the United States be and herehs is it quested, upon the admission of this State into the Union, so to alter the proti sions 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 lands reserved to the United States, shall be reduced to the minimum price of the public lands

Resolved.- That the Legislature of this State sball make provision by a

of the lands granted to the State in aid of said improvements, subme rights of pre-emption to the settlers thereon, as are now allowed ttlers on the public lands, 1.-That the foregoing resolutions be appended to, and signed with tion of Wisconsin, and submitted therewith to the people of this nd to the Congress of the United States. · undersigned, members of the Convention to form a Constitution for | Wisconsin, to be submitted to the people thereof for their ratification i do hereby certify that the foregoing is the Constitution adopted by tion. imony whereof, we have hereunto set out hands at Madison, the first ruary, A. D. eighteen hundred and forty-eight.

MORGAN L. MARTIN, President of the Convention and Delegate from Brown County. HUGH, Secretary.




PREAMBLE. We, the people of the state of Wyoming, grateful to God for our eivil. political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this constitution.


DECLARATION OF RIGHTS. SECTION 1. All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement 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 enjoyment of natural and civil rights is made sure only 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 condition whatsoever 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 upon probable cause, supported by affidavit, particularly describing the place to be searched or the person or thing to be seized.

Sec. 7. 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.

SEC. 7. Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

SEC. & All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale. dlenial 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 criminal cases. but a jury in civil cases in all courts, or in criminal cases in courts not ef 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 system.

SEC. 10. In all criminal prosecutions the accused shall have the right te 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 impartial jury of the county or district in which the offense is alleged to have been committed.

SEC. 11. No person shall be compelled to testify against himself in aus criminal case, nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after a verdiet. or if the judgment be reversed for error in law, the accused shall not le deemed to have been in jeopardy.

* The constitution of Wyoming was drafted by a convention which assembled at Cheyenne on Sept. 2, and adjourned on Sept. 30, 1889. It was submitted to the people on Nov. 5, 1889, and ratified. The state was admitted to the Union on July 10, 1658.

SEC. 12. No person shall be cution longer than may be necess be confined in any room where

SEC. 13. Until otherwise pro be proceeded against criminally, cases arising in the land or nav service in time of war or public

SEC. 14. All persons shall capital offenses when the proof is bail shall not be required, nor ex lawful punishment be inflicted.

SEC. 15. The penal code sha formation and prevention.

SEC. 16. No person arrested necessary rigor. The erection of of prisons, and the humane treat

Sec. 17. The privilege of the linless, when in case of rebellion

SEC. 18. The free exercise a ship without discrimination or p state, and no person shall be re or profit, or to serve as a witnes ter of religious belief whatever ; all not be so construed as to tices inconsistent with the peace

SEC. 19. No money of the st starian or religious society or

SEC. 20. Every person may jects, being responsible for the both civil and criminal, the trut justifiable ends, shall be a sutt determine the facts and the law

Sec. 21. The right of petit to consult for the common gooDerer be denied or abridged.

SFC. 22. The rights of labo enlated to secure to the laborer the industrial welfare of the sta

SEC. 23. The right of citize practical recognition. agencies calculated to advance

SEC. 24. The right of citize of tbe state shall not be denied.

SEC. 25. The military shal Toer.

No soldier in time of consent of the owner, nor in ti

The leg

SEC. 26. 'Treason against tlı it, or in adhering to its enemie: son shall be convicted of treas to the same overt act, or onc be attainted of treason by the

SEC. 27. Elections shall be military. shall at any time int the right of suffrage.

SEC. 28. No tax shall be their authorized representatives

SEC. 29. No distinction sha and citizens as to the possessio

Sec. 30. Perpetuities and state, and shall not be allowe


No person shall be detained as a witness in any criminal prose• than may be necessary to take his testimony or deposition, nor in any room where criminals are imprisoned.

Until otherwise provided by law, no person shall, for a felony, d against criminally, otherwise than by indictment, except in g in the land or naval forces, or in the militia when in actual Eime of war or public danger. 1. All persons shall be bailable by sufficient sureties, except for nses when the proof is evident or the presumption great. Excessive not be required, nor excessive fines imposed, nor shall cruel or unlishment be inflicted.

The penal code shall be framed on the humane principles of reand prevention. 16. No person arrested and confined in jail shall be treated with un

rigor. The erection of safe and comfortable prisons, and inspection s, and the humane treatment of prisoners shall be provided for. 17. The privilege of the writ of habeas corpus shall not be suspended hen in case of rebellion or invasion, the public safety may require it.

18. The free exercise and enjoyment of religious profession and worthout discrimination or preference shall be forever guaranteed in this nd no person shall be rendered incompetent to hold any office of trust t, or to serve as a witness or juror, because of his opinion on any matreligious belief whatever; but the liberty of conscience hereby secured not be so construed as to excuse acts of licentiousness or justify pracnconsistent with the peace or safety of the state. C. 19. No money of the state shall ever be given or appropriated to any ial or religious Society or institution. EC. 20. Every person may freely speak, write and publish on all subbeing responsible for the abuse of that right; and in trials for libel, civil and criminal, the truth, when published with good intent and for tiable ends, shall be a sufficient defense, the jury having the right to mine the facts and the law, under direction of the court. SEC. 21. The right of petition, and of the people peaceably to assemble consult for the common good, and to make known their opinions, shall er be denied or abridged.

SEC. 22. The rights of labor shall have just protection through laws, calated to secure to the laborer proper rewards for his service and to promote e industrial welfare of the state.

SEC. 23. The right of citizens to opportunities for education should have actical recognition. The legislature shall suitably encourage means and rencies calculated to advance the sciences and liberal arts.

Sec. 24. The right of citizens to bear arms in defense of themselves and f the state shall not be denied. SEC. 25. The military shall ever be in strict subordination to the civil

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 them aid and comfort. son shall be convicted of treason unless on the testimony 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 untrammeled 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,


No per

endowed for the public good with a portion of its sovereign powers, must le 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 various 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 reser voirs, 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 publie or private use without just compensation.

SEC. 34. All laws of a general nature shall have a uniform operation.

Sec. 35. No ex post facto law, nor any law impairing the obligation de contracts, shall ever be made.

SEC. 36.. The enumeration in 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 Federal Union, and the constitution of the United States is the supreme law of the land


DISTRIBUTION OF POWERS. SECTION 1. The powers of the government of this state are divided inte three distinct departments : the legislative, executive and judicial, and person or collection of persons charged with he exercise of powers properly belonging to one of these departments shall exercise any powers properly be longing to either of the others, except as in this constitution expressly directed or permitted.


LEGISLATIVE DEPARTMENT. SECTION 1. The legislative power shall be vested in a senate and hors 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 ree resentatives 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-fire 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 who has not, fæ at least twelve months next preceding his election resided within the county a district in which he was elected.

SEC. 3. Each county shall constitute a senatorial and representative dis trict; the senate and house of representatives shall be composed of members elected by the legal voters of the counties respectively, every two (2) year They shall be apportioned among the said counties as nearly as may be a cording to the number of their inhabitants. Each county shall have at least one senator and one representative; but at no time shall the number of me. bers 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 repte 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, resignation at 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 elented on the day pre Pongress, and their ter ibereafter.

SEC. 6. Each men services. shall receive f fe each mile traveled

o his residence by the peastion, perquisite or tbe first, which may be assion the compensatio Fidel by law; but no le

SEC. 7. The legislat o'clock. noon, on the sec election provided by law of January of each alte çedel by the governor.

SEC. S. No senator şas elected, be appointed of congress or other pers

an office in the militia member of either house

SEC. 9. So member o was elected, receive any in during that term.

SEC. 10. The senate asion and at such other hers president: the house Teker: each house shall c tian returns and qualification

SEC. 11. A majority of Teis but a smaller number attendance of absent membe each house may prescribe.

SEC. 12. Each house sha ferings, and to punish its me beba vior in its presenceto brites or private solicitation, a member, and shall have al free state. A member expelle to either house of the legisla tebavior shall not bar a crim

SEC. 13. Each house sha in its discretion, from time to Tauire secrecy, and the yeas of two members, be entered on

Sec. 14. The sessions of shall be open unless the busine

SEC. 15. Neither house sha more than three days, nor to Douses shall be sitting.

SEC. 16. The members of t felony, violation of their oath o from arrest during their attende and in going to and returning f in either house they shall not be

SEC. 17. The sole power of zentatives; the concurrence of a to the exercise thereof. Impeac for that purpose, and the senato justice according to law and eri


1 See Note No. 7.

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