SCHEDULE.

SECTION 1. That no inconvenience may arise by reason of a change from a territorial to a permanent State government, it is declared that all rights, actions, prosecutions, judgments, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no change had taken place; and all process which may be issued under the authority of the Territory of Minnesota previous to its admission into the union of the United States shall be as valid as if issued in the name of the State.

§ 2. All laws now in force in the Territory of Minnesota, not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature.

§ 3. All fines, penalties, or forfeitures accruing to the Territory of Minnesota shall inure to the State.

§ 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a permanent State government, shall remain valid, and shall pass to and may be prosecuted in the name of the State; and all bonds executed to the Governor of the Territory, or to any other officer or court in his or their official capacity, shall pass to the Governor or State authority and their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all the estate of property, real, personal, or mixed, and all judgments, bonds, specialties, choses in action, and claims and debts of whatsoever description, of the Territory of Minnesota, shall inure to and vest in the State of Minnesota, and may be sued for and recovered in the same manner and to the same extent by the State of Minnesota as the same could have been by the Territory of Minnesota. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Minnesota before the change from a territorial to a State government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Minnesota, with like effect as though such change had not taken place; and all penalties incurred shall remain the same as if this Constitution had not been adopted. All actions at law and suits in equity, which may be pending in any of the courts of the Territory of Minnesota at the time of the change from a territorial to a State government, may be continued and transferred to any court of the State which shall have jurisdiction of the subject-matter thereof.

§ 5. All territorial officers, civil and military, now holding their offices under the authority of the United States or of the Territory of Minnesota, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the State.

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

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

§ 8. The President of the Convention shall, immediately after the adjournment thereof, cause this Constitution to be deposited in the office of the Governor of the Territory; and if after the submission of the same to a vote of the people, as hereinafter provided, it shall appear that it has been adopted by a vote of the people of the State, then the Governor shall forward a certified copy of the same, together with an abstract of the votes polled for and against the said Constitution, to the President of the United States to be by him laid before the Congress of the United States.

§ 9. For the purposes of the first election, the State shall constitute one district, and shall elect three members to the House of Representatives of the United States.

§ 10. For the purposes of the first election for members of the State Senate and the House of Representatives, the State shall be divided into senatorial and representative districts, as follows, viz.: 1st district, Washington county; 2d district, Ramsey county; 3d district, Dakota county; 4th district, so mnch of Hennepin county as lies west of the Mississippi; 5th district, Rice county; 6th district, Goodhue county; 7th district, Scott county; 8th district, Olmstead county; 9th district, Fillmore county; 10th district, Houston county, 11th district, Winona county; 12th district, Wabashaw county; 13th district, Mower and Dodge counties; 14th district, Freeborn and Faribault counties; 15th district, Steele and Waseca counties; 16th district, Blue Earth and Le Sueur counties; 17th district, Nicollet and Brown counties; 18th district, Sibley,

Renville, and Mc Leod counties; 19th district, Carver and Wright counties; 20th district, Benton, Stearns, and Meeker counties; 21st district, Morrison, Crow Wing and Mille Lac counties; 22d district, Cass, Pembina, and Todd counties; 23d district, so much of Hennepin county as lies east of the Mississippi; 24th district, Sherburne, Anoka, and Manomin counties; 25th district, Chisago, Pine, and Isanti counties; 26th district, Buchanan, Carlton, St. Louis, Lake, and Itaska counties.

§ 11. The counties of Brown, Stearns, Todd, Cass, Pembina, and Renville, as applied in the preceding section, shall not be deemed to include any territory west of the State line, but shall be deemed to include all counties and parts of counties east of said line as were created out of the territory of either at the last session of the Legislature. § 12. The Senators and Representatives, at the first election, shall be apportioned among the several senatorial and representative districts as follows, to wit.:

1st District....

3

2

2

แ

5

4

แ

1

2

1

3

4

§ 13. The returns from the 22d district shall be made to, and canvassed by, the judges of election, at the precinct of Otter Tail City.

§ 14. Until the Legislature shall otherwise provide, the State shall be divided into judicial districts, as follows, viz. :

The counties of Washington, Chisago, Manomin, Anoka, Isanti, Pine, Buchanan, Carlton, St. Louis and Lake, shall constitute the first judicial district.

The county of Ramsey shall constitute the second judicial district.

The counties of Houston, Winona, Fillmore, Olmsted and Wabashaw, shall constitute the third judicial district.

The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, Stearns, Morrison, Crow Wing, Mille Lac, Itaska, Pembina, Todd and Cass, shall constitute the fourth judicial district.

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

The counties of Le Sueur, Sibley, Nicollet, Blue Earth, Faribault, McLeod, Renville, Brown and other counties in the State, not included within the other districts, shall constitute the sixth judicial district.

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

§ 16. Upon the second Tuesday, the 13th day of October, 1857, an election shall be held for members of the House of Representatives of the United States, Governor, Lieutenant-Governor, Supreme and District Judges, members of the Legislature, and all other officers designated in this Constitution, and also for the submission of this Constiiution to the people, for their adoption or rejection.

§ 17. Upon the day so designated as aforesaid, every free white male inhabitant over the age of twenty-one years, who shall have resided within the limits of the State for ten days previous to the day of said election, may vote for all officers to be elected under this Constitution at such election, and also for or against the adoption of this Constitution.

§ 18. In voting for or against the adoption of this Constitution, the words "for Constitution," or "against Constitution," may be written or printed on the ticket of each voter; but no voter shall vote for or against this Constitution on a separate ballot from that cast by him for officers to be elected at said election under this Constitution; and if, upon the canvass of the vote so polled, it shall appear that there was a greater number of votes polled for than against said Constitution, then this Constitution shall be deemed to be adopted as the Constitution of the State of Minnesota; and all the provisions and obligations of this Constitution, and of the schedule hereunto attached, shall thereafter be valid to all intents and purposes as the Constitution of said State.

§ 19. At said election the polls shall be opened, the election held, returns made, and certificates issued in all respects as provided by law for opening, closing and conducting elections and making returns of the same, except as hereinbefore specified, and excepting also that polls may be opened and elections held at any point or points, in any of the counties where precincts may be established as provided by law, ten days previous to the day of election, and not less than ten miles from the place of voting in any established precinct.

§ 20. It shall be the duty of the judges and clerks of election, in addition to the returns required by law for each precinct, to forward to the Secretary of the Territory by mail, immediately after the close of the election, a certified copy of the poll-book, containing the name of each person who has voted in the precinct, and the number of votes polled for and against the adoption of this Constitution.

§ 21. The returns of said election for and against this Constitution, and for all State officers and members of the House of Representatives of the United States, shall be made, and certificates issued, in the manner now prescribed by law for returning votes given for delegate to Congress, and the returns for all district officers, judicial, legislative or otherwise, shall be made to the Register of Deeds of the senior county in each district, in the manner prescribed by law, except as otherwise provided. The returns for all officers elected at large shall be canvassed by the Governor of the Territory, assisted by Joseph R. Brown and Thomas J. Galbraith, at the time designated by law for canvassing the vote for delegate to Congress.

§ 22. If, upon canvassing the votes for and against the adoption of this Constitution, it shall appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any State or district officer provided for in this Constitution, and no State organization shall have validity within the limits of the territory until otherwise provided for, and until a Constitution for a State government shall have been adopted by the people.

AMENDMENT.

ADOPTED APRIL 15, 1858.*

ARTICLE IX, § 10. The credit of this State shall never be given or loaned in aid of any individual, association, or corporation, except that for the purpose of expediting the construction of the lines of railroads, in aid of which the Congress of the United States has granted lands to the Territory of Minnesota, the Governor shall cause to be issued and delivered to each of the companies in which said grants are vested by the Legislative Assembly of Minnesota, the special bonds of the State, bearing an interest of seven per cent per annum, payable semi-annually in the city of New York, as a loan of public credit, to an amount not exceeding twelve hundred and fifty thousand dollars; or an aggregate amount to all of said companies not exceeding five millions of dollars, in manner following, to wit:

Whenever either of the said companies shall produce to the Governor satisfactory evidence, verified by the affidavits of the Chief Engineer, Treasurer, and two directors

*It is understood that this amendment has been expunged, but our information is not definite upon the subject.

of said company, that any ten miles of the road of said company has been actually constructed and completed ready for placing the superstructure thereon, the Governor shall cause to be issued and delivered to such company, bonds to the amount of one hundred thousand dollars, and whenever thereafter, and as often as either of said companies shall produce to the Governor like evidence of a further construction of ten miles of its road as aforesaid, then the Governor shall cause to be issued to such company further like bonds to the amount of one hundred thousand dollars for each and every ten miles of road thus constructed; and whenever such company shall furnish like evidence that any ten miles of its road is actually completed and cars running thereon, the Governor shall cause to be issued to such company like bonds to the amount of one hundred thousand dollars; and whenever thereafter, and as often as either of said companies shall produce to the Governor like evidence that any further ten miles of said road is in operation as aforesaid, the Governor shall cause to be issued to such company further like bonds to the amount of one hundred thousand dollars, until the full amount of the bonds hereby authorized shall be issued; Provided, That two-fifths and no more of all bonds issued to the southern Minnesota Railroad Company shall be expended in the construction and equipment of the line of road from La Crescent to the point of junction with the Transit road, as provided by law; and further provided, that the Minneapolis and Cedar Valley Railaoad Company shall commence the construction of their road at Faribault and Minneapolis, and shall grade an equal number of miles from each of said places.

The said bonds thus issued shall be denominated "Minnesota State Railroad Bonds." and the faith and credit of this State are hereby pledged for the payment of the interest and the redemption of the principal thereof. They shall be signed by the Governor, countersigned and registered by the Treasurer, and sealed with the seal of the State, of denominations not exceeding one thousand dollars, payable to the order of the company to whom issued, transferable by the indorsement of the President of the company, and redeemable at any time after ten and before the expiration of twenty-five years from the date thereof. Within thirty days after the Governor shall proclaim that the people have voted for a loan of State credit to railroads, any of said companies proposing to avail themselves of the loan herein provided for, and to accept the conditions of the same, shall notify the Governor thereof and shall within sixty days commence the constructions of their roads, and shall within two years thereafter construct, ready for the superstructure at least fifty miles of their road. Each company shall make provision for the punctual payment and redemption of all bonds issued and delivered as aforesaid to said company, and for the punctual payment of the interest which shall accrue thereon in such manner as to exonerate the treasury of the State from any advances of money for that purpose; and as security therefor, the Governor shall demand and receive from each of said companies, before any of said bonds are issued, an instrument pledging the net profits of its road for the payment of said interest, and a conveyance to the State of the first two hundred and forty sections of land, free from prior incumbrances, which such company is or may be authorized to sell in trust for the better security of the treasury of the State from loss on said bonds, which said deed of trust shall authorize the Governor and Secretary of State to make conveyances of title to all or any of such lands to purchasers agreeing with the respective railroad companies therefor; Provided, That before releasing the interest of the State to such lands, such sale shall be approved by the Governor; but the proceeds of all such sales shall be applied to the payment of interest accruing upon the bonds in case of default of the payment of the same, and as a sinking fund to meet any future default in the payment of interest and the principal thereof when due; and as further security, an amount of first mortgage bonds, on the roads, lands and franchises of the respective companies, corresponding to the State bonds issued, shall be transferred to the Treasurer of the State at the time of the issue of State bonds, and in case either of said companies shall make default in payment of either the interest or principal of the bonds issued to said companies by the Governor, no more State bonds shall thereafter be issued to said company; and the Governor shall proceed, in such manner as may be prescribed by law, to sell the bonds of the defaulting company or companies, or the lands held in trust as above, or may require a foreclosure of the mortgage executed to secure the same; Provided, That if any company so in default, before the day of sale, shall pay all interest and principal then due, and all expenses incurred by the State, no sale shall take place, and the right of such company shall not be impaired to a further loan of State credit; Provided. If any of said companies shall at any time offer to pay the principal, together with the interest that may then be due upon any of the Minnesota State Railroad Bonds, which may have been issued under the provisions of this section, then the Treasurer of State shall receive the same, and the liabilities of said company or companies, in respect to

said bonds, shall cease upon such payment into the State Treasury, of principal, together with the interest, as aforesaid; Provided further, That in consideration of the loan of State credit herein provided, that the company or companies which may accept the bonds of the State in the manner herein specified shall, as a condition thereof, each complete not less than fifty miles of its road on or before the expiration of the year one thousand eight hundred and sixty-one, and not less than one hundred miles before the year one thousand eight hundred and sixty-four, and complete four-fifths of the entire length of its road before the year one thousand eight hundred and sixty-six, and any failure on the part of any such company to complete the number of miles of its road or roads, in the manner and within the several times herein prescribed, shall forfeit to the State all the rights, title and interest of any kind whatsoever in and to any lands, together with the franchises connected with the same not pertaining or applicable to the portion of the road by them constructed, and a fee-simple to which has not accrued to either of said companies, by reason of such construction, which was granted to the company or companies, thus failing to comply with the provisions hereof, by act of the Legislature of the Territory of Minnesota, vesting said land in said companies respectively.

CONSTITUTION OF MISSISSIPPI. 1832-65.*

ARTICLE I.

DECLARATION OF RIGHTS.

THAT the general, great and essential principles of liberty and free government may be recognized and established, we declare:

SECTION 1. That all freemen, when they form a social compact, are equal in rights; and that no man, or set of men, are entitled to exclusive, separate public emoluments or privileges from the community, but in consideration of public services.

§ 2. That all political power is inherent in the people, and all free governments are founded on their authority and established for their benefit; and therefore they have at all times an unalienable and indefeasible right to alter or abolish their form of govern.. ment, in such manner as they may think expedient.

§ 3. The exercise and enjoyment of religious profession and worship, without discrim ination, shall forever be free to all persens in this State; Provided, That the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.

§ 4. No preference shall ever be given by law to any religious sect, or mode of worship.

§ 5. That no person shall be molested for his opinions on any subject whatever, nor suffer any civil or political incapacity, or acquire any civil or political advantage, in consequence of such opinions, except in cases provided for in this Constitution.

§ 6. Every citizen may freely speak, write and publish his sentiments on all subjects; being responsible for the abuse of that liberty.

§ 7. No law shall ever be passed to curtail or restrain the liberty of speech of the

press.

§ 8. In all prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the facts.

§ 9. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seizures and searches; and that no warrant to search any place, or

*This State was admitted as a State of the Union, and adopted its first Constitution in 1817. On the 26th of October, 1832 a Convention assembled for the purpose in August of that year reported a new Constitution, which, with sundry amendments is still in force, An election of Delegates to a Convention for revising this was appointed to be held August 7th, and the Convention met August 17, 1865. The Constitution above given, embraces the recent amendments, then adopted, while the original provisions are given in notes. An. ordinance of Secession was passed by this State, January 7, 1861. It was declared null and void on the 22d August, 1865.