August, in each and every county, at such places therein as may be provided by law.

SEC. 3. No person shall be a representative who shall not have attained !!age of twenty-one years; who shall not be a citizen of the United States, and an inhabitant of this State; who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding L election, if such county or district shall have been so long erected; but if then within the limits of the county or counties, district or districts, out of whic the same shall have been taken, unless he shall have been absent on the pub business of the United States or of this State, and who, moreover, shall not have paid a State or county tax.

SEC. 4. The senators, at their first session herein provided for. shall be divided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennia chosen forever thereafter.

SEC. 5. The number of senators and representatives shall, at the first session of the general assembly holden after the returns herein provided for are made be fixed by the general assembly, and apportioned among the several counties or districts to be established by law, according to the number of white inhal tants. The number of representatives shall not be less than twenty-seven, ret more than thirty-six, until the number of inhabitants within this State sha amount to one hundred thousand; and the number of senators shall never le less than one-third nor more than one-half of the number of representatives.

SEC. 6. No person shall be a senator who has not arrived at the age of twent five years, who shall not be a citizen of the United States, and who shall not have resided one year in the county or district in which he shall be chosen immediate y preceding his election, if such county or district shall have been so long erected but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent of the public business of the United States or of this State, and shall not, moreover, have paid a State or county tax.

SEC. 7. The senate and house of representatives, when assembled, shall each choose a speaker and other officers (the speaker of the senate excepted). Es house shall judge of the qualifications and elections of its members, and sit up : its own adjournments. Two-thirds of each house shall constitute a quorum, br a smaller number

CONSTITUTION: INDIANA-1816

to another; and no person or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III

SECTION 1. The Legislative authority of this State, shall be vested in a Geteral Assembly, which shall consist of a Senate, and House of Representatives both to be elected by the people.

SEC. 2. The General Assembly may, within two years after their first meeting and shall, in the year eighteen hundred and twenty, and every subsequent ten. of five years, cause an enumeration to be made, of all the white male inhabitats above the age of twenty-one years. The number of Representatives shall, at the several periods of making such enumeration, be fixed by the General Assemb'r and apportioned among the several counties according to the number of whee male inhabitants above twenty-one years of age in each: and shall never be less than twenty-five, nor greater than thirty-six, until the number of white ma♥ inhabitants above twenty-one years of age shall shall be twenty-two thousand and after that event, at such ratio, that the whole number of Representatives shall never be less than thirty-six, nor exceed one hundred.

SEC. 3. The Representatives shall be chosen annually, by the qualified electon of each county respectively, on the first Monday of August.

SEC. 4. No person shall be a Representative, unless he shall have attained the age of twenty-one years, and shall be a citizen of the United States, and ar inhabitant of this State, and shall also have resided within the limits of be county, in which he shall be chosen, one year next preceding his election, if rtcounty shall have been so long erected, but if not, then within the limits of the

county or counties out of which it shall have been taken, unless he shall have been absent on the public business of the United States, or of this State, and shall have paid a State or county tax.

SEC. 5. The Senators shall be chosen for three years, on the first Monday in August by the qualified votes for Representatives; and on this being convened, in consequence of the first election, they shall be divided by lot, from their respective counties, or districts, as near as can be, into three classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year; and the second class, at the expiration of the second year; and of the third class, at the expiration of the third year; so that one-third thereof, as near as possible, may be annually chosen forever thereafter.

SEC. 6. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the General Assembly, and apportioned among the several counties or districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third, nor more than one-half of the number of Representatives.

SEC. 7. No person shall be a Senator, unless he shall have attained the age of twenty-five years, and shall be a citizen of the United States, and shall, next preceding the election, have resided two years

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SEC. 2. All fines, penalties, and forfeitures, due, and owing to the Territory of Indiana, or any county therein, shall enure to the use of the State or county. All bonds executed to the Governor or any other officer in his official capacity in the Territory, shall pass over to the Governor or other officers of the State or county, and their successors in office, for the use of the State or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be. SEC. 3. The Governor, Secretary and Judges and all other officers, both civil and military, under the Territorial Government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.

SEC. 4. All laws and parts of laws now in force in this Territory not inconsistent with this Constitution, shall continue and remain in full force and effect until they expire or be repealed.

SEC. 5. The Governor shall use his private seal until a State seal be produced. SEC. 6. The Governor, Secretary of State, Auditor of Public Accounts and Treasurer shall severally reside and keep all the public records, books and papers in any manner relating to their respective offices at the seat of government: Provided, notwithstanding, That nothing herein contained shall be so construed as to affect the residence of the Governor for the space of six months, and until buildings suitable for his accommodation shall be procured at the expense of the State.

SEC. 7. All suits, pleas, plaints and other proceedings now depending in any Court of Record or Justice's Court shall be prosecuted to final judgment and execution, and all appeals, writs of error, certiorari, injunction or other proceedings whatsoever, shall progress and be carried on in the respective court or courts, in the same manner as is now provided by law, and all proceedings had therein in as full and complete a manner as if this Constitution were not adopted. And appeals and writs of error may be taken from the Circuit Court and General Court now established in the Indiana Territory to the Supreme Court in such manner as shall be provided for by law.

SEC. 8. The President of this convention shall issue writs of election, directed to the several Sheriffs of the several counties, requiring them to cause an election to be held for a Governor, Lieutenant-Governor, a Representative to the Congress of the United States, Members of the General Assembly, Sheriffs and Coroners, at the respective districts in each county, on the first Monday in August next; which election shall be conducted in the [manner] prescribed by the existing election laws of the Indiana Territory; and the said Governor, LieutenantGovernor, Members of the General Assembly, Sheriffs and Coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this Constitution, and until their successor or successors are qualified, and no longer.

SEC. 9. Until the first enumeration shall be made, as directed by this Constitution, the county of Wayne shall be entitled to one Senator and three Representatives; the county of Franklin, one Senator and three Representatives; the county of Dearborn, one Senator and two Representatives; the county of Switzerland,

one Representative, and the counties of Jefferson and Switzerland, one Senator. and the county of Jefferson, two Representatives; the county of Clark, one Senator and three Representatives; the county of Harrison, one Senator and three Repre sentatives; the counties of Washington, Orange and Jackson, one Senator, and the county of Washington, two Representatives; the counties of Orange and Jackson, one Representative each; the county of Knox, one Senator and three Representatives; the county of Gibson, one Senator and two Representatives: the counties of Posey, Warrick and Perry, one Senator, and each of the aforesaid counties of Posey, Warrick and Perry, one Representative.

CONSTITUTION: IOWA-1864

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 Senate and House of Representatives; which shall be designated the General Assembly of the State of Iowa; and the style of their laws shall commence in the following manner: "Be it enacted by the General Assembly of the State of Iowa."

SECTION 2. The sessions of the General Assembly shall be biennial, and shall commence in the first Monday of December next ensuing the election of its members; unless the Governor of the State shall, in the interim, convene the General Assembly by proclamation.

SECTION 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the first Monday in August: whose term of office shall continue two years from the day of the general election.

SECTION 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and have been an inhabitant of this State or Territory one year next preceding his election; and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. SECTION 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship.

SECTION 6. The number of Senators shall not be less than one third, nor more than one half of the representative body; and at the first session of the General Assembly, after this constitution takes effect, the Senators shall be divided by lot. as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one half shall be chosen every two years.

SECTION 7. When the number of Senators is increased, they shall be annexed by lot to one of the two classes, so as to keep them as nearly equal in number as practicable.

SECTION 8. Each House shall choose its own officers, and judge of the qualification, election and return of its own members. A contested election shall be determined in such manner as shall be directed by law.

SECTION 9. A majority of each House shall constitute a quorum to do business but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each Hous may provide.

SECTION 10. Each House shall sit upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings. punish members for disorderly behavior, and, with the consent of two thirds. expel a member, but not a second time for the same offense; and shall have al other powers necessary for a branch of the General Assembly of a free and independent State.

SECTION 11. Every member of the General Assembly shall have the liberty to dissent from, or protest against any act or resolution which *

emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.

SECTION 22. No person holding any lucrative office under the United States. or this State, or any other power, shall be eligible to the General Assembly

Provided, that offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.

SECTION. 23. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid into the treasury all sums for which he may be liable.

SECTION 24. No money shall be drawn from the treasury but in consequence of appropriations made by law.

SECTION 25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day, for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session; when convened in extra session by the governor, they shall receive such sums as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they travel, in going to and returning from their place of meeting, on the most usual route: Provided, however, That the members of the first General Assembly under this constitution shall receive two dollars per day for their services during the entire session.

SECTION 26. Every law shall embrace but one subject, which shall be expressed in the title.

SECTION 27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State.

SECTION 28. No divorce shall be granted by the General Assembly.

SECTION 29. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed.

SECTION 30. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator (or Representative, as the case may be) according to the best of my ability." And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation.

SECTION 31. Within one year after the ratification of this constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inhabitants of this State shall be made, in such manner as shall be directed by law. The number of Senators and Representatives shall, at the first regular session of the General Assembly, after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each; and (The General Assembly) shall also, at every subsequent regular session, apportion the House of Representatives; and every other regular session the Senate, for eight years; and the House of Representatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-nine nor exceeding seventytwo.

SECTION 32. When a Congressional, Senatorial, or Representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial, or Representative district.

SECTION. 33. In all elections by the General Assembly, the members thereof shall vote viva voce; and the votes shall be entered upon the journal.

SECTION 34. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dollars; Secretary of State five hundred dollars; Treasurer, four hundred dollars; Auditor, six hundred dollars; Judges of the Supreme and District Courts, each one thousand dollars.

ARTICLE 4

EXECUTIVE DEPARTMENT

SECTION 1. The supreme executive power of this State shall be vested in chief magistrate, who shall be styled the Governor of the State of Iowa

SECTION 2. The Governor shall be elected by the qualified electors at the fine and place of voting for members of the General Assembly, and shall hold h.. office four years from the time of his installation, and until his successor sha be qualified.

SECTION 3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years Di IT preceding the election, and attained the age of thirty years, at the time of election.

SECTION 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but in case any two or more hate an equal and the highest number of votes, the General Assembly shall, by j vote, choose one of said persons so having an equal and the highest number of votes, for Governor.

SECTION 5. The Governor shall be commander-in-chief of the militia, the army and navy of this State.

SECTION 6. He shall transact all executive business with the officers of gov-r ment, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of the ar respective offices.

** capacity, shall pass over to the governor of the state, or other priser state authority, and to their successors in office, for the uses therein respectivest expressed, and may be sued for an recovered accordingly.All criminal prosecutions and penal actions which may have arisen, or may arise, before the organizatio of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State SECTION 5. All officers, civil and military, now holding their offices and as pointments in this territory under the authority of the United States, or un-r the authority of this territory, shall continue to hold and execute their respective offices and appointments until superseded under this constitution.

SECTION 6. The first general election under this constitution shall be bel at such time as the governor of the territory, by proclamation may aj within three months after its adoption, for the election of a governor, two rezce sentatives in the Congress of the United States, (unless Congress shall protage for the election of one representative,) members of the general assembly bi one auditor, treasurer and secretary of state. Said election shall be con«İV «ted in accordance with the existing laws of this territory: and said governor representatives in the Congress of the United States, auditor, treasurer, 1′′, secretary of state, duly elected at said election, shall continue to dischar duties of their respective offices for the time prescribed by this constit and until their successors are elected and qualified. The returns of said eleti e shall be made in conformity to the existing laws of this territory. SECTION 7. Until the first enumeration of the inhabitants of this state, as direct AE by this constitution, the following shall be the apportionment of the Gerer. Assembly:

The county of Jefferson, one Senator and three Representatives.

The county of Lee shall be entitled to two Senators and five Representative The county of Van Buren, two Senators and four Representatives;

The counties of Davis and Appanoose, one Senator and one Representative jointly;

The counties of Wapello and Monroe, one Senator jointly, and one RepFE sentative each;

The counties af Marian, Polk, Dallas and Jasper, one Senator and two Rejes sentatives, jointly;

The county of Des Moines, two Senators and four Representatives;