Imágenes de páginas

all continue to hold and exercise their respective offices until they shall supersadded by the authority of the State.

SEC. 6. The first session of the legislature of the State of Minnesota shall omence on the first Wednesday of December next, and shall be held at capitol, in the city of St. Paul.

SEC. 7. The laws regulating the election and qualification of all district, mty and precinct officers shall continue and be in force until the legisure shall otherwise provide by law.

SEC, S. The president of this convention shall, immediately after the lournment thereof, cause this Constitution to be deposited in the office the governor of the Territory; and if, after the submission of the same a vote of the people, as hereinafter provided, it shall appear that it has 1 adopted by a vote of the people of the State, then the governor shall Fardd a certified copy of the same, together with an abstract of the votes lel for and against the said Constitution, to the president of the United tes, to be by him laid before the Congress of the United States. SEC, 9. For the purposes of the first election, the State shall constitute district, and shall elect three members to the House of Representatives the l'nited States, SEC. 10. For the purposes of the first election for menbers of the State ate and House of Representatives, the State shall be divided into senaal and representative districts, as follows, viz: First district, Washing

county ; Second district, Ramsey county; Third district, Dakota county; rih district, so much of Hennepin county as lies west of the Mississippi; b district, Rice county ; Sixth district, Goodhue county; Seventh district, It county ; Eighth district, Olmsted county ; Ninth district, Fillmore county ; ith district, Houston county; Eleventh district, Winona county; Twelfth friet, Wabasha county; Thirteenth district, Mower and Dodge counties; irteenth district, Freeborn and Faribault counties; Fifteenth district, Steele Waseca counties; Sixteenth district, Blue Earth and Le Sueur counties; enteenth district, Nicollet and Brown counties; Eighteenth district, Sibley, ville and McLeod counties; Sineteenth district, Carver and Wright coun* Twentieth district, Benton, Stearns and Meeker counties; Twenty-first trict, Morrison, Crow Wing and Mille Lacs counties; Twenty-second dist. ('ass, Pembina and Todd counties; Twenty-third district, so much of anepin county as lies east of the Mississippi; Twenty-fourth district, Sherde, Anoka and Manomin counties; Twenty-fifth district, Chisago, Pine and nti counties; Twenty-sixth district, Buchanan, Carlton, St. Louis, Lake and a counties.

SEC, 11. The counties of Brown, Stearns, Todd, Cass, Pembina and Renle, as applied in the preceding section, shall not be deemed to include any ritory west of the State line, but shall be deemed to include all counties I parts of counties east of said line as were created out of the territory either, at the last session of the legislature.

SEC. 12. The senators and representatives at the first election shall be portioned among the several senatorial and representative districts as folEn to-wit: Ist district 2 Senators.

3 Representatives. 3

6 2 4th

1 th 2


+ ith

3 4

6 both

3 11th



[ocr errors]
[ocr errors]
[ocr errors]






[ocr errors]




[merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]

SEC. 13. The returns from the Twenty-second district shall be made and canvassed by the judges of election at the precinct of Otter Tail City.

SEC, 14. Until the legislature shall otherwise provide, the State shall divided into judicial districts as follows, viz.

The counties of Washington, (his:go, Manomin, Anoka, Isanti, Pine, Be chanan, Carlton, St. Louis :ind Like shall constitute the First judicial trict.

The county of Ramsey shall constitute the Second judicial district,

The counties of Houston, Winona, Fillmore, Olmsted and Wabasha she constitute the Third judicial district.

The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benta Stearns, Morrison, Crow Wing. Mille Lacs, Itasca, Pembina, Todd and Cat shall constitute the Fourth judicial district.

The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca, Dodg Mower and Freeborn shall constitute the Fifth judicial district.

The counties of Le Sueur, Sibley, Nicolett, Blue Earth, Faribault. V Leon, Renville, Brown, and all other counties in the State not included with in the other districts, shall constitute the Sixth judicial district.

SEC. 15. Each of the foregoing enumerated judicial districts may. the first election, elect one prosecuting attorney for the district.

SEC. 16. l'pon the second Tuesday, the thirteenth day of October, 189 in election shall be held for members of the House of Representatives of United States, governor, lieutenant governor, supreme and district judges, men bers of the legislature, and l other officers designated in this Constitutia and also for the submission of this Constitution to the people, for their adol tion or rejection.

SEC. 17. l'pon the day so designated as aforesaid every free white mal inhabitant over the age of twenty-one years, who shall have resided withi the limits of the State for ten days previous to the day of said election, ma vote for all officers to be elected under this Constitution at such electing ind also for or against the adoption of this Constitution.

SEC. 18. In voting for or ilgainst the adoption of this Constitution, the words. "For Constitution," or "Against Constitution,” may be written a printeil on the ticket of each voter, but no voter shall vote for or against thi Constitution, on a separate ballot from that cast by him for officers to the elected at stid election under this Constitution; and if upon the canrass the vote so polled it shall appear that there was a greater number of rotte polled for than against said Constitution, then this Constitution shall fu deemed to be adopted as the Constitution of the State of Minnesota, and : the provisions and obligations of this constitution, and of the schedule therunto attachell, shall thereafter he valid to all intents and purposes as the ('onstitution of said State.

SEC. 19). At said election the polls shall be opened, the election be returns made ind certificates issued, in all respects as provided by law for

ening, closing and conducting elections and making returns of the same, Krept as hereinbefore specified, and excepting also that polls may be opened W elections held at any point or points in any of the counties where prearts may be established as provided by law, ten days previous to the day

election, not less than ten miles from the place of voting in any estabbed precinct.

SEC. 20. It shall be the duty of the judges and clerks of election, in addin to the returns required by law for each precinct, to forward to the secrey of the Territory, by mail, immediately after the close of the election, ertified copy of the poll book containing the name of each person who has el in the precinct and the number of votes polled for and against the adorof this Constitution.

SEC. 21. The returns of said election for and against this Constitution, I for all state officers and members of the House of Representatives of the ited States, shall be made, and certificates issued in the manner now preibed by law for returning votes given for delegates to Congress; and the orns for all district officers, judicial, legislative or otherwise, shall be made the register.of deeds of the senior county in each district, in the manner scribed by law, except as otherwise provided. The returns for all officers ted at large shall be canvassed by the governor of the Territory, assisted Joseph R. Brown and Thomas J. Galbraith, at the time designated by law canvassing the vote for delegates to Congress. SEC. 22. If, upon canvassing the votes for and against the adoption of Constitution, it shall appear that there has been polled a greater numof votes against than for it, then no certificate of election shall be issued any State or district officer provided for in this Constitution, and no

organization shall have validity within the limits of the Territory, otherwise provided for and until a Constitution for a State government have been adopted by the people.

CONSTITUTION OF MISSISSIPPI-1890.* We, the people of Mississippi, in Convention assembled, grateful to do mighty God, and invoking His blessing on our work, do ordain and establish this ('onstitution.


DISTRIBUTION OF POWERS. SECTION 1. Tlie powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to separate magistracy, to-wit: those which are legislative to one; those whidi are judicial to another; and those which are executive to another.

SEC. 2. No person or collection of ons, being one, or belonging to one of these departments, shall exercise any power properly belonging to eit be of the others. The acceptance of an office in either of said departments shall of itself, and at once, vacate any and all otfices lield by the person so na ing in either of the other departments.


POUYDARIES OF THE STATE. SEC. 3. The 'limits and boundaries of the State of Mississippi are as lows, to-wit: Beginning on the Mississippi river (meaning thereby the eg ter of said river or thread of the stream) where the southern boundary of the State of Tennessee strikes the same, as run by B. A. Ludlow, D. Connelly and W. l'etrie, commissioners appointed for that purpose on the 19 of the State of Mississippi in A. D. 1837, and J. D. Graham and Austin Jille commissioners appointed for that purpose on the part of Tennessee; thence et along the said boundary line of the State of Tennessee toit point ou west bank of the Tennessee river, six four-pole chains south of and above ! mouth of Yellow Creek; thence up the said river to the mouth of Bed Creek; thence by it direct line to what was formerly the northwest corn of the county of Washington, Jlabama; thence on a direct line to a poi ten miles east of the Pascagoula river on the Gulf of Mexico; thence we wardly, including :ll the islands within six leagues of the shore, to the ne eastern junction of Pearl river with Lake Borgne; thence up said Pearl rin to the thirty-first degree of north latitude; thence west along the said den of latitude to the middle or thread of the stream of the Mississippi rive thence up the middle of the Mississippi river, or thread of the stream, to place of beginning, including all islands lying east of the thread of the stree of said river, and also including any lands which were at any time heretofel à part of this State.

SEC. 1. The legislature shall have power to consent to the acquisition additional territory by the State and to make the same a part thereof; u the legislature may settle disputed boundaries between this State and its cute minous States whenever such disputes a rise.


BILL OF RIGIITS. SEC, 5. All political power is vested in, ilud derived from, the people : government of right originates with the people, is founded upon their will only and is instituted solely for the good of the whole.

SEC. 6. The people of this State have the inherent, sole and exclusin right to regulate the internal government and police thereof, and to alter at

* The constitution of Mississippi was drafted by a convention which assembled Jackson on Aug. 12, 1890, and adjourned on Nov. 1, 1890. The constitution was 70 submitted to the people for ratification but was promulgated and proclaimed in fore on Nov. 1, 1890, and in Sproulev. Frederick, 69 Miss. 898, it was held that the rank fication of the constitution by the people was not necessary to its validity.

bolish their constitution and form of government whenever they may deem t necessary to their safety and happiness; provided, such change be not repugant to the constitution of the United States,

SEC. 7. The right to withdraw from the Federal Union on account of any mall or supposed grievance, shall never be assumed by this State, nor shall ny law be passeil in derogation of the paramount allegiance of the citizens f this State to the government of the United States.

SEC. S. All persons resident in this State, citizens of the United States, are ereby declared citizens of the State of Mississippi.

SŁC. 9. The military shall be in strict subordination to the civil power.

SEC. 10. Treason against the State shall consist only in levying war gainst the same or in adhering to its enemies, giving them aid and comfort. o person shall be convicted of treason unless on the testimony of two witses to the same overt act, or on confession in open court.

Sec. 11. The right of the people peaceably to assembly and petition the Ternment on any subject shall never be impaired.

SEC. 12. The right of every citizen to keep and bear arms in defense of $ home, person or property, or in aid of the civil power when thereto legally mmoned, shall not be called in question, but the legislature may regulate forbid carrying concealed weapons.

SEC. 13. The freedom of speech and of the press shall be held sacred, d in all prosecutions for libel the truth may be given in evidence, and the y shall determine the law and the facts under the direction of the court; d if it shall appear to the jury that the matter charged as libelous is true, d was published with good motives and for justifiable ends, the party shall acquitted. Src. 14. No person shall be deprived of life,' liberty or property, except due process of law. NEC. 15. There shall be neither slavery nor involuntary servitude in this ste, otherwise than in the punishment of crime, whereof the party shall have n duly convicted.

SEC. 16. Ex post facto laws, or laws impairing the obligation of contracts, HII not be passed.

SEC. 17. Private property shall not be taken or damaged for public use kept on due compensation being first made to the owner or owners thereof, a manner to be prescribed by law; and whenever an attempt is made to Be private property for a use alleged to be public, the question whether contemplateil use be public shall be a judicial question, and as such deterned without regard to legislative assertion that the use is public. SEC. 18, No l'eligious test as a qualification for office shall be required ;

no preference shall be given by law to any religious sect, or inode of worp; but the free enjoyment of all religious sentiments and the different modes worship shall be held sacred. The rights hereby secured shall not be conmed to justify acts of licentiousness injurious to morals or dangerous to the ace and safety of the State, or to exclude the Holy Bible from use in any blic school of this State.

SEC. 19. Human life shall not be imperiled by the practice of dueling; Hany citizen of this State who shall hereafter fight a duel, or assist in the nie as second, or send, accept, or knowingly carry a challenge therefor, nether such art be done in the State, or out of it, or who shall go out of State to fight it duel, or to assist in the same as second, or to send, accept

carry a challenge, shall be disqualified from holding any office under this Istitution and shall be disfranchised.

SEC, 20. No person shall be elected or appointed to office in this State - life or during good behavior, but the term of all offices shall be for some wified period.

NEC. 21. The privilege of the writ of habeas corpus shall not be suspended, dess when in case of rebellion or invasion, the public safety may require it, Terer without the authority of the legislature. SEC. 22.

No person's life or liberty shall be twice placed in jeopardy for

« AnteriorContinuar »