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CONSTITUTION OF MINNESOTA-1857.

PREAMBLE. We, the people of the State of Minnesota. grateful to God for our civil ind religious liberty, and desiring to perpetuate its blessings and secure the Same to ourselves and our posterity, do ordain and est:ublish this constitution:

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ARTICLE I.

1 BILL OF RIGHTS. SECTION 1. Government is instituted for the security, benefit and prin tection of the people, in whom all political power is inherent, together with the rigbt to alter, modify or reform such government, whenever the public, good mis require it.

SEC. 2. No member of this State shall be disfranchised, or deprived of iny of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the State otherwise than in the punishment of crime, whereof the party shall have been duly convicted.

SEC. 3. The liberty of the press shall forever remain in violate, and all persons may freely speak, write and publish their sentiments on all sub jects, being responsible for the abuse of such right.

SEC. 4. The right of trial by jury shall remain in violate, and shall er tend to all cases at law without regard to the amount in controversy, but jury trial may be waived by the parties in all cases in the manner prescribe by law; (and the legislature may provide that the agreement of five-sixths d any jury in any civil action or proceeding, after not less than six (6) hours deliberation, shall be a sufficient verdict therein.] 1

SEC. 5. Excessive bail shall not be required. nor shall excessive fines imposed; nor shall cruel or unusual punishment be inflicted.

SEC. 6. In all criminal prosecutions the accused shall enjoy the right a speedy and public trial, by an impartial jury of the county or district where in the crime shall have been committed, which county or district shall have been previously ascertained by law, and to be informed of the nature :'ne cause of the accusation, to be confronted with the witnesses against hiri to have compulsory process for obtaining witnesses in his favor, and to han the assistance of counsel in his defense.

SEC. 7. No person shall be held to answer for a criminal offense witbud due process of law, :und no person for the same offense shall be put twie in jeopardy of punishment, nor shall be compellel in any criminal case to it witness against himself, nor be deprived of life. liberty or property with out due process of law. All persons shall before conviction be bailable sufficient sureties, except for capital offenses when the proof is evident or to presumption great: and the privilege of the writ of habeas corpus shall ng be suspendel umless when in case of rebellion or invasion the publie sifret may require.?

* The constitution of Minnesota was drafted by convention which assembled St. Paul on July 13, 1857. The convention was submitted to the people on Octol 1:3, 1857, and was adopted by a vote of 30,055 to 571 ; no proposition was submittet separately. The state was admitted to the Union on May 11, 1858.

1 Amendment proposed by the legislature of 1889, ratified by the electors November 4, 1890, and proclaimed adopted on December 20, 1890. The amenda is the part included in the brackets.

Amendment proposed by the legislature of 1903, ratified by the electors November 8, 1904, and proclaimed adopted on January 6, 1905. The text of the orig inal section is as follows: Sec. 7. No person shall be held to answer for a crimine offence unless on the presentment or indictment of a Grand Jury, except in cases impeachment or in cases cognizable by Justices of the Peace, or arising in the Arm or Navy, or in the militia when in actual service in time of war or public danger. an no person for the same offence shall be put twice in jeopardy of punishment, nor shal

SEC. 8. Every person is entitled to a certain remedy in the laws for all aries or wrongs which he may receive in his person, property or character; pught to obtain justice freely and without purchase; completely and withdenial; promptly and without delay, conformable to the laws. SEC. 9. Treason against the State shall consist only in levying war inst the same, or in adhering to its enemies, giving them aid and comfort. person shall be convicted of treason unless on the testimony of two witeps to the sime overt act, or on confession in open court.

SEC. 10. The right of the people to be secure in their persons, houses, ers, and effects, against unreasonable searches and seizures, shall not be ated; and no warrant shall issue but upon probable cause, supported by b or afirmation, and particularly describing the place to be searched and j Prson or thing to be seized. SEC. 11, No bill of attainder, ex post facto law. nor any law impairing obligation of contracts shall ever be passed, and no conviction shall work ution of blood or forfeiture of estate. Nic. 12. No person shall be imprisoned for debt in this State, but this ll not prevent the legislature from providing for imprisonment, or holdto bail. persons charged with fraud in contracting said debt. A reason! amount of property shall be exempt from seizure or sale for the payt of any debt or liability. The amount of such exemption shall be deained by law. [Provided, however, that all property so exempted shall be le to seizure and sale for any debts incurred to any person for work done Baterials furnished in the construction, repair or improvement of the same,

provided further, that such liability to seizure and sale shall also extend di real property for any debt incurred to any laborer or servant for labor Arvice performed. ): C. 13. Private property shall not be taken, destroyed or damiged for dir use without just compensation therefor, first paid or secured.4 c. 11. The military shall be subordinate to the civil power, and 10 bling army shall be kept up in this State in time of peace. SC. 15). All lands within the State are declared to be allodial, and feudal tres of every description, with all their incidents, are prohibited.

Leases crants of agricultural lands for a longer period than twenty-one years after made, in which shall be reserved any rent or service of any kind, A le roid. SEC. 16. The enumeration of rights in this constitution shall not be cona to deny or impair others retained by and inherent in the people. right of every man to worship God according to the dictates of his own wience shall never be infringed, nor shall any man be compelled to attend, 4 or support any place of worship, or to maintain any religious or ecclesiasI ministry. ilgainst his consent; nor shall any control of or interference b the rights of conscience be permitted, or any preference to be given by

to any religious establishment or mode of worship; but the liberty of science hereby secured shall not be so construed as to excuse acts of licenstess, or justify practices inconsistent with the peace or safety of the te. nor shall any money be drawn from the treasury for the benefit of any gious societies, or religions or theological seminaries.

SEC. 17. So religious test or amount of property shall ever be required a qualification for any office of public trust under this State. No religious

or amount of property shall ever be required as a qualification of any

mpelled in any criminal case to (be) witness against himself, nor be deprived of

liberty, or property, without due process of Law. All persons shall before confon be bailable by sufficient sureties, except for capital offences, when the proof is -nt or the presumption great; and the privilege of the writ of habeas corpus shall le suspended, unless, when in cases of rebellion or invasion, the public safety may uire.

Amendment proposed by the legislature of 1887 and ratified by the electors on Ember 6, 1888. The amendment consists of the proviso enclosed in brackets.

" Amendment proposed by the legislature of 1895, ratified by the electors on umber 3, 1896, and officially proclaimed on December 29, 1896. The amendment In the words “destroyed or damaged."

voter at any election in this State; nor shall any person be rendered ina petent to give evidence in any court of law or equity in consequence of opinion upon the subject of religion.

SEC. 18. Any person may sell or peddle the products of the farm garden occupied and cultivated by him without obtaining a license the for.5

ARTICLE II.

ON NAME AND BOUNDARIES. SECTION 1. This State shall be called and known by the name of State of Minnesotil, and shall consist of and have jurisdiction over the ter tory embracel in the following boundaries, to-wit: Beginning at the point the center of the main channel of the Red River of the North, where boundary line between the United States and British possessions crosses saine; thence up the main channel of said river to that of the Bois des Si river; thence up the main channel of said river to Lake Traverse; thence the center of said lake to the southern extremity thereof; thence in a dir line to the head of Big Stone lake; thence through its center to its outi thence by i due south line to the north line of the State of Iowa ; thence along the northern boundary of said State to the main channel of the Vis sippi river; thence up the main channel of said river and following the bou ary line of the State of Wisconsin until the same intersects the St. L river; thence down the said river to and through Lake Superior, on boundary line of Wisconsin and Michigan, until it intersects the divid line between the United States and British possessions; thence up Pigeon r! and following said dividing line to the place of beginning.

SEC. 2. The State of Minnesota shall have concurrent jurisdiction on Mississippi and on all other rivers and waters bordering on the said State Minnesota, so far as the same shall forn a common boundary to said st and any other state or states now or hereafter to be formed by the SI and said rivers and waters, and navigable waters leading into the same, s be common highways and forerer free, as well to the inhabitants of State as to other citizens of the United States, without any tax, duty, imp or toll therefor.

SEC. 3. The propositions contained in the act of Congress entitlel. act to authorize the people of the Territory of Minnesota to form a constitut and state government, preparatory to their admission into the Union ou 447 footing with the original states," are hereby accepteil, ratified and confirm and shall remain irrevocable without the consent of the United States: : it is hereby ordained that this State shall never interfere with the prim disposal of the soil within the same, by the United States. or with regulations ('ongress may finil necessary for securing the title to said soil bona fide purchasers thereof; and no tax shall be imposed on lands belong to the United States and in no case shall non-resident proprietors be 1.1.2 higher than residents.

ARTICLE III. DISTRIBUTION OF THE POWERS OF GOVERNMENT. SECTION 1. The powers of government shall be divided into three tinct departments-legislative, executive, and judicial; and no person or sons belonging to or constituting one of these departments shall exercise a of the powers properly belonging to either of the others, except in the stances expressly provided in this constitution.

ARTICLE IV.

LEGISLATIVE DEPARTMENT. SECTION 1. The legislature shall consist of the Senate and House Representatives, which shall meet biennially at the seat of government of 1 State, at such time as shall be prescribed by law, but no session shall exce

• Section 18 is a new section: it was proposed by the legislature of 1905, ratifi by the electors on November 6, 1906, and proclaimed adopted on December 27, 1906.

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the term of ninety (90) legislative days; and no new bill shall be introduced in either branch, except on the written request of the governor, during the last twenty (20) days of such sessions, except the attention of the legislature shall be called to some important matter of general interest by a special message from the governor. 6

SEC. 2. The number of members who compose the Senate and House of Representatives shall be prescribed by law, but the representatives in the Senate shall never exceed one member for every 5,000 inhabitants, and in the House of Representatives one member for every 2,000 inhabitants. The representation in both houses shall be apportioned equally throughout the different sections of the State, in proportion to the population thereof, exclusive of Indians not taxable under the provisions of law.

Sec. 3. Each house shall be the judge of the election returns and eligibility of its own members; a majority of each shall constitute a quorum to iransact business, but a smaller number may adjourn from day to day, and tumpel the attendance of absent members in such manner and under such penalties as it may provide.

SEC. 4. Each house may determine the rules of its proceedings, sit upon its own adjournment, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but no member shall be expelled the second time for the same offense.

SEC. 3. The House of Representatives shall elect its presiding officer and the Senate and House of Representatives shall elect such other officers as may le provided by law; they shall keer journals of their proceedings, and from tiine to time publish the same, and the yeas and nays, when taken on any question, shall be entered on such journals.

SEC, 6. Neither house sball, during a session of the legislature, adjourn for more than three days (Sundays excepted), nor to any other place than that in which the two houses shall be assembled, without the consent of the viber house.

SEC. 7. The compensation of senators and representatives shall be three dollars per diem during the first session, but may afterwards be prescribed by law. But no increase of compensation shall be prescribed which shall take effect during the period for which the members of the existing House of Representatives may have been elected.

SEC. S. The members of each house shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during the session of their respective houses, and in going to or returning from the same. For any speech or debate in either house they shall not be questioned in any other place.

SEC. 9. No senator or representative shall. during the time for which he is elected, hold any office under the authority of the United States or the state of Minnesota, except that of postmaster, and no senator or representatire shall hold an office under the state which has been created or the emoluments of which have been increased during the session of the legislature of · which he was a member. until one year after the expiration of his term of office in the legislature.

SEC, 10. All bills for raising a revenue shall originate in the House of Representatives, but the Senate may propose and concur with amendments as on other bills.

$ Section 1 has been amended three times, the first amendment was proposed by the legislature of 1860 and was ratified by the electors on November 6, 1860; the : second amendment was proposed by the legislature of 1877 and was ratified by the tlectors on November 6, 1877; the present amendment was proposed by the legislature of 1887 and was ratified by the electors on November 6, 1888. The text of the original Section is as follows: Section 1. The Legislature of the State, shall consist of a Renate and House of Representatives, who shall meet at the Seat of Government of the State, at such times as shall be prescribed by law. The amendment of 1860 added to the original the words: "But no session shall exceed the term of sixty days." The text of the amendment of 1877 was as follows: Section 1. The Legislature of the State shall consist of a Senate and House of Representatives, who shall meet biennially at the seat of Government of the State, at such time as shall be prescribed by law; but no session shall exceed the term of sixty days.

SEC. 11. Every bill which shall have passed the Senate and House of Representatives, in conformity to the rules of each house and the joint rules of the two houses, shall, before it becomes a law, be presented to the governor of the State. If he approve, be shall sign and deposit it in the office of secretary of state for preservation, and notify the house where it originated of the fact. But if not, he shall return it, with his objections, to the house in which it shall have originated; when such objections shall be entered at large on the journal of the same, and the house shall proceed to reconsider the bill. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if it be approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by adjournment within that time, prevents its return; in which case it shall not be a law. The governor may approve, sign and file in the ottice of the secretary of state, within three days after the adjournment of the legislature, any act passed during the last three days of the session, and the same shall become a law.

If any bill presented to the governor contain several items of appropria tion of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case he shall append to the bill, a the time of signing it, a statement of the items to which he objects, and thi itppropriation so objected to shall not take effect. If the legislature be ir session, he shall transmit to the house in which the bill originated a con of such statement, and the items objected to shall be separately reconsidered If, on reconsideration, one or more of such items be approved by two-third of the members elected to each house, the same shall be a part of the law notwithstanding the objections of the governor. All the provisions of this section, in relation to bills not approved by the governor, shall apply in case in which he shall withhold his approval from any item or items contained in a bill appropriating money. 7

SEC. 12. No money shall be appropriated except by bill. Every order resolution or vote requiring the concurrence of the two houses (except such is relate to the business or adjournment of the same) shall be presented to the governor for his signature, and, before the same shall take effect, shall be approveil by him, or, being returned by him with his objections, shall he repassed by two-thirds of the members of the two houses, according to the rules and limitations prescribed in case of a bill.

SEC. 13. The style of all laws of this State shall be: “Be it enacted hy the Legislature of the State of Minnesota." No law shall be passed unless voted for hy a majority of all the members elected to each branch of the legislature, and the vote entered upon the journal of each house.

SEC. 11. The House of Representatives shall have the sole power of impeachment. through a concurrence of it majority of all the members electal to seats therein. All impeachments shall be tried by the Senate; and when sitting for that purpose the senators shall be upon oath or affirmation to de justice according to law and evidence. No person shall be convicted witbout the concurrence of two-thirds of the members present.

SEC. 15. The legislature shall have full power to exclude from the privilege of electing or being elected any person convicted of bribery, perjury, or Uly other infamous crime.

SEC, 16. Two or more members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious

? Amendment proposed by the legislature of 1876 and ratified by the electors on November 7, 1876. The amendment is the second paragraph only.

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