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Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied, according to the intention of the grantor.
Done in convention, at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred and fifty-one; and of the Inde. pendence of the United States, the seventy-fifth.
GEORGE WHITFIELD CARR,
CONSTITUTION OF IOWA-1857*
PREAMBLE, We, the People of the State of Iowa, grateful to the Supreme Being for the
blessings hitherto enjoyed, and feeling our dependence on Him for a continuation 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 Jis. souri 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 the said map until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three 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 the said Mississippi river to the place of beginning.
BILL OF RIGHTS, SECTION 1. All men are, by nature, free and equal, and have certain inalienable 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, 2. 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. 3. The general assembly shall make no law respecting an establisliment 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 the maintenance of any minister or ministry.
SEC. 1. No religious test shall be required as a qualification for any office of 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 ; and any party to any judicial proceeding shall have the right to use as it witness, or take the testimony of, any other person, not disqualified on account of interest, who may be cognizant of any fact material to the case: and parties to suits may be witnesses, as provided by law.
*The constitution of Iowa was framed by a convention of delegates which assembled at Iowa City on January 19, 1857, and adjourned on March 5, 1857. The constitution was ratified by the electors on August 3, 1857, by a vote of 40,311 to 38,681. The question of striking out the word "white" from the article on suffrage, thus conferring suffrage on negroes, was submitted at the same election and was defeated. The constitution took effect hy proclamation of the governor on September 3, 1857.
SEC. 5. 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 be disqualified from holding any office under the constitution and lites of this state.
SEC. 6. All laws of a general nature shall have a uniform operation ; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Sec. 7. 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, iud was published with good motives and for justifiable ends, the party shall be acquitted.
SEC. 8. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be riolated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the peruus and things to be seized.
SEC. 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by à jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.
Sec. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to il speedy and public trial by an impartial jury; to be informed of the accusation against him; to hare a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the assistance of counsel.
SEC, 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment, or the interrention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the temy or navy, or in the militia, when in actual service, in time of war or public danger.
SEC. 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great.
SEC. 13. The writ of habeas corpus shall not be suspended or refused when application is made iis required by law, unless, in case of rebellion or invasion, the public safety may require it.
SEC. 14. The military shall be subordinate to the civil power. Yo stand ing army shall be kept up by the state in time of peace; and in time of war no appropriation for i standing army shall be for a longer time than two years.
SEC. 15. Yo soldier shall, in time of peace, be quartered in any house without the consent of the owner, por in time of war except in the manner prescribed by law.
SEC. 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 he convicted of treason, unless on the evidence of two witnesses to the same orert act, or confession in open court.
Sec. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted.
Sec, 18. Private property shall not be taken for public use without just rompensation first being made. or secured to be made, to the owner thereof. as soon as the damages shall be assessed by a jury, who shall not take into
consideration any advantages that may result to said owner on account of the improvement for which it is taken.
The general assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair all drains, ditches and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby. The general assembly mas provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation.1
SEC. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a military fine in time of peace.
SEC. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances.
SEC. 21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
SEC. 22. Foreigners who are, or 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. 23. There shall be no slavery in this state; nor shall there be in voluntary servitude, unless for the punishment of crime.
SEC. 21. Vo lease or 'grant of agricultural lands, reserving any rent or service of any kind, shall be valid for a longer period than twenty years.
Sec. 25. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
[SEC. 26. No person shall manufacture for sale, or sell, or keep for sale. as a beverage any intoxicating liquors whatever, including ale, wine and beer. The general assembly shall by law prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the provisions hereof.2]
RIGHT OF SUFFRAGE. SECTION 1. Every male citizen of the t'nited States, of the age of twenty. one years, who shall have been a resident of this state six months next preceding the election, and of the county in which he claims his vote, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. 3
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 such elections, going to and returning therefrom.
SEC, 3. No elector shall be obliged to perform military duty on the day of election, except in time of war or public danger.
SEC. 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, barracks, or military or naval place or station within this state.
iThe second paragraph of section 18 is an amendment; it was proposed by the general assembly of 1906; re-adopted by the general assembly of 1907; ratified at the election of November 3, 1908, and certified adopted on November 23, 1908.
Section 26 is a new section; it was proposed by the general assembly of 1880; re-adopted by the general assembly of 1882. and ratified at a special election held on June 27, 1882, and certified adopted on July 28, 1882. On April 21, 1883, the supreme court in Koehler and Lange v. Hill, 60 Iowa 543, held that owing to certain irregularities the amendment was not legally submitted to the electors, and hence did not become a part of the constitution.
Amendment proposed by the general assembly of 1866; re-adopted by the general assembly of 1868; ratified at the election of November 3, 1868, and proclaimed adopted on December 8, 1868.
SEC. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.
SEC. 6. All elections by the people shall be by ballot.
[SEC. 7.) The general election for state, district, county and township officers in the year 1916 shall be held in the same month and on the same day as that fired by the laws of the United States for the election of presidential electors, or of president and vice-president of the United States; and thereafter such election shall be held at such time as the general assembly may' by law provide 4
OF THE DISTRIBUTION OF POWER, SECTION 1. The powers of the government of lowa shall be divided into three separate departments; the legislative, the executive and the 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 cases hereinafter expressly directed or permitted.
LEGISLATIVE DEPARTMENT. SECTION 1. The legislative authority of this state shall be vested in a general assembly. which shall consist of a sevate and house of representatives; and the style of erery law shall be-"Be it enacted by the General Assembly of the State of Iowa."
SEC. 2. The sessions of the general assembly shall be biennial, and shall commence on the second Monday in January next ensuing the election of its members; unless the governor of the state shall, in the meantime, convene the veneral assembly by proclamation.
SEC. 3. The members of the house of representatives shall be chosen every *ond year, by the qualified electors of their respective districts, on the second Tuesday in October, except the years of the presidential election, when the election shall be on the Tuesday next after the first Monday in November, and their term of office shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified.5
Sec. 4. No person shall be a member of the house of representatives wlio shall not have attained the age of twenty-one years; be a male citizen of the Tnited States, and shall have been an inhabitant of this state one year next preceding his election, and at the time of his election shall have had an actual residence of sixty days in the county or district he may have been chosen to represent.6
SEC. 5. Senators shall be chosen for the term of four years, at the same time and place is representatives; they shall be twenty-five years of age, and possess the qualifications of representatives as to residence and citizenship.
Sec. 6. The number of senators shall not be less than one-third nor more than one-half the representative body; and shall be só classified by lot that one class. being ils nearly one-half as possible. shall be elected every two years. When the number of senators is increased, they shall be inuexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable.
SEC. 7. Each house shall choose its own officers, and judge of the qualification, election, and return of its own members. I contested election shall be determined in such manner as shall be directed by law.
"I Section 7] is a new section; it was proposed by the general assembly of 1889; re-adopted by the general assembly of 1884; ratified at the election of Novemher 4, 1884, and certified as adopted on December 10, 1884, The present amendiment was proposed by the general assembly of 1913; re-adopted by the general assembly of 1915, and ratified on November 7, 1916. In the act by which amendment was proposed, this section is not numbered, but is inserted here Section 7.
By the amendment (Sec. 7) inserted at the end of Article II, the date for the general election after 1916 is subject to change.
Amendment proposed by the general assembly of 1878; re-adopted by the general assembly of 1830, and ratined at the election of November 2, 1880, and proclaimed adopted on December 3, 1880.