Gambar halaman
PDF
ePub

Dakota, all which are part of the records and archives of said governor's office.)

And the following records books and archives shall also be the property of the State of North Dakota, towit:

Vouchers in the office or in the custody of the auditor of this territor relating to expenditures on account of public institutions, grounds or buid ings situate within the limits of North Dakota; one warrant register in the office of the treasurer of this territory, being a record of warrants issue under and by virtue of chapter twenty-four of the laws enacted by the eigh eenth legislative assembly of Dakota territory; all letters, receipts and vouchers in the same office now filed by counties and pertaining to counties within the limits of North Dakota: paid and cancelled coupons in the same office represe ing interest on bonds which said State of North Dakota is to assume and pay reports of gross earnings of the year 1888 in the same office, made by corpor tions operating lines of railroad situated wholly or mainly within the limits North Dakota; records and papers of the office of the public examiner of second district of the territory; records and papers of the office of the secer district board of agriculture; records and papers in the office of the best of pharmacy of the district of North Dakota.

All records, books and archives of the Territory of Dakota which it s not herein agreed shall be the property of North Dakota, shall be the preerty of South Dakota.

The following books shall be copied and the copies shall be the proper of North Dakota, and the cost of such copies shall be borne equally by t said states of North Dakota and South Dakota. That is to say:

Appropriation ledger for the years ending November, 1889 and 180

volume.

The current warrant auditor's register-one volume.

Insurance record for 1889-one volume.
Treasurer's cash book “D”.

Assessment ledger "B".

Dakota Territory bond register-one volume.
Treasurer's current ledger-one volume.

The originals of the foregoing volumes which are to be copied, shall any time after such copying shall have been completed, be delivered on deur to the proper authorities of the State of South Dakota.

All other records, books and archives which it is hereby agreed shall the property of South Dakota shall remain at the capital of North Dak until demanded by the legislature of the State of South Dakota and until State of North Dakota shall have had a reasonable time after such demand made to provide copies or abstracts or such portions thereof as the said Stat of North Dakota may desire to have copies or abstracts of.

The State of South Dakota may also provide copies or abstracts of s records, books and archives which is agreed shall be the property of Nor Dakota as said State of South Dakota shall desire to have copies or abstracts 4

The expense of all copies or abstracts of records, books and archives wh it is herein agreed may be made, shall be borne equally by said two states.

[ARTICLE XXVII.]

[STATE CONTROL OF MANUFACTURE AND SALE OF LIQUOR. ]28

28 Article XXVII was proposed by the legislature of 1897 as a new artice 24 was ratified at the election of November 8, 1898. By an amendment proposed by t legislature of 1899 and ratified at the election of November 6, 1900, this Artie repealed. See Article XXIV. The text of Article XXVII as originally propos-] # 1897 and ratified in 1898 is as follows:

ARTICLE XXVII. Sec. 1.] The manufacture and sale of intoxicating l shall be under exclusive state control and shall be conducted by duly authen! agents of the state, who shall be paid by salary and not by commissions. liquors sold shall be first examined by a state chemist and the purity thereof estillished.

ARTICLE XXVIII.

SECTION 1. The several counties of the State shall invest the moneys of permanent school and endowment funds in bonds of school corporation, . county and municipal bonds or in first mortgages upon good improved a lands within their limits respectively; under such regulations as the legis re may provide, but no farm loan shall exceed one thousand dollars to one person, firm or corporation.29

Article XXVIII is a new article; it was proposed by the legislature of 1899 and ratified at the election of November 6, 1900.

CONSTITUTION OF TENNESSEE-1870.*

PREAMBLE AND DECLARATION OF RIGHTS.

Whereas the people of the territory of the United States south of the River Ohio, having the right of admission into the general government as a mene ber State thereof, consistent with the Constitution of the United States an the Act of cession of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States northwest of the Ohi River, by their delegates and representatives in convention assembled, diù on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, ordain and establish a Constitution, or form of gor ernment, and mutually agreed with each other to form themselves into a free and independent State by the name of the State of Tennessee; and

Whereas the General Assembly of the said State of Tennessee (pursuat to the third section of the tenth Article of the Constitution), by an At passed on the twenty-seventh day of November, in the year of our Lord «ü thousand eight hundred and thirty-three, entitled "An Act" to provide for the calling of a convention, passed in obedience to the declared will of the voters of the State, as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize an provide for the election, by the people, of delegates and representatives, to meet at Nashville, in Davidson County, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, for the pur pose of revising and amending, or changing, the Constitution, and said cor vention did accordingly meet and form a Constitution, which was submitte to the people, and was ratified by them, on the first Friday in March, in the year of our Lord one thousand eight hundred and thirty-five; and

Whereas the General Assembly of the said State of Tennessee, under at in virtue of the first section of the first Article of the Declaration of Rights contained in and forming a part of the existing Constitution of the State by an Act passed on the fifteenth day of November, in the year of our Lor one thousand eight hundred and sixty-nine, did provide for the calling* of - a convention by the people of the State, to meet at Nashville, on the second Mor day in January, in the year of our Lord one thousand eight hundred an seventy, and for the election of delegates for the purpose of amending or re vising the present Constitution, or forming and making a new Constitution and

Whereas the people of the State, in the mode provided by said Act, have called said convention and elected delegates to represent them therein; now therefore, we, the delegates and representatives of the people of the State of Tennessee, duly elected, and in convention assembled, in pursuance of sal Act of Assembly, have ordained and established the following Constitutio and form of government for this State, which we recommend to the people Tennessee for their ratification-that is to say:

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. That all power is inherent in the people, and all free govern ments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of those ends, they have at all times

The convention which drafted the constitution of Tennessee assembled at Nashville on the second Monday in January, 1870, and adjourned on February 2 1870. The constitution was submitted to the electors on March 26, 1870, and was rath fied by a vote of 98,128 to 33,872. The constitution was submitted as a whole and t proposition was submitted separately. The proclamation of the governor declaring the constitution ratified was issued on May 5, 1870. This constitution has neve: be amended since its adoption.

nalienable and indefeasible right to alter, reform, or abolish the governin such manner as they may think proper.

SEC. 2. That government being instituted for the common benefit, the ine of non-resistance against arbitrary power and oppression is 'absurd, sh, and destructive of the good and happiness of mankind.

SEC. 3. That all men have a natural and indefeasible right to worship hty God according to the dictates of their own conscience; that no can, of right, be compelled to attend, erect, or support any place of ip, or to maintain any minister, against his consent; that no human ority can, in any case whatever, control or interfere with the rights of ience; and that no preference shall ever be given, by law, to any res establishment or mode of worship.

EC. 4. That no political or religious test, other than an oath to support Constitution of the United States and of this State, shall ever be required qualification to any office or public trust under this State.

SEC. 5. That elections shall be free and equal, and the right of suffrage. ereinafter declared, shall never be denied to any person entitled thereto, t upon a conviction by a jury of some infamous crime, previously ascerd and declared by law, and judgment thereon by court of competent juris

n.

SEC. 6. That the right of trial by jury shall remain inviolate, and no ous or political test shall ever be required as a qualification for jurors, SEC. 7. That the people shall be secure in their persons, houses, papers. possessions, from unreasonable searches and seizures; and that general nts, whereby an officer may be commanded to search suspected places, ut evidence of the fact committed, or to seize any person or persons amed, whose offenses are not particularly described and supported by nce, are dangerous to liberty, and ought not to be granted. SEC. 8. That no man shall be taken or imprisoned, or disseized of his old, liberties, or privileges, or outlawed, or exiled, or in any manner oyed or deprived of his life, liberty, or property, but by the judgment s peers or the law of the land.

SEC. 9. That in all criminal prosecutions the accused hath the right to eard by himself and his counsel; to demand the nature and cause of ecusation against him, and to have a copy thereof, to meet the witnesses to face, to have compulsory process for obtaining witnesses in his favor. in prosecutions by indictment or presentment, a speedy public trial. by apartial jury of the county in which the crime shall have been committed, shall not be compelled to give evidence against himself.

SEC. 10. That no person shall, for the same offense, be twice put in rdy of life or limb.

SEC. 11. That laws made for the punishment of acts committed previous e existence of such laws, and by them only declared criminal, are conto the principles of a free government; wherefore no ex post law shall åde.

SEC. 12. That no conviction shall work corruption of blood or forfeiture state. The estate of such persons as shall destroy their own lives shall nd or vest as in case of natural death. If any person be killed by lty, there shall be no forfeiture in consequence thereof.

SEC. 13. That no person arrested and confined in jail shall be treated with cessary rigor.

SEC. 14. That no person shall be put to answer any criminal charge but resentment, indictment, or impeachment.

SEC. 15. That all prisoners shall be bailable by sufficient sureties, unless capital offenses, when the proof is evident, or the presumption great. the privilege of the writ of habeas corpus shall not be suspended, unless , in case of rebellion or invasion, the General Assembly shall declare public safety requires it.

SEC. 16. That excessive bail shall not be required, nor excessive fines sed, nor cruel and unusual punishments inflicted.

SEC. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, persons, or reputation, shall have remedy aj due course of law, and right and justice administered without sale, den!!! or delay. Suits may be brought against the State in such manner and in sta courts as the Legislature may by law direct.

SEC. 18.

The Legislature shall pass no law authorizing imprisonment faț debt in civil cases.

SEC. 19. That the printing presses shall be free to every person to exante the proceedings of the Legislature, or of any branch or officer of the ge ment; and no law shall ever be made to restrain the right thereof.

The free communication of thoughts and opinions is one of the ina able rights of man, and every citizen may freely speak, write, and print any subject, being responsible for the abuse of that liberty. But in prose tions for the publication of papers investigating the official conduct of offers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall have the right to determine law and the facts, under the direction of the court, as in other crimi

cases.

SEC. 20. That no retrospective law, or law impairing the obligations contracts, shall be made.

SEC. 21. That no man's particular services shall be demanded, or p erty taken, or applied to public use, without the consent of his representative or without just compensation being made therefor.

SEC. 22. That perpetuities and monopolies are contrary to the genius a free State, and shall not be allowed.

SEC. 23. That the citizens have a right, in a peaceable manner, to asse ble together for their common good, to instruct their representatives, and apply to those invested with the powers of government, for redress of g ances, or other purposes, by addresses or remonstrance.

SEC. 24. That the sure and certain defense of a free people is a ve regulated militia; and as standing armies in time of peace are dangero freedom, they ought to be avoided as far as the circumstances and safety the community will admit; and that in all cases the military shall be in strict subordination to the civil authority.

SEC. 25. That no citizen of this State, except such as are employe the army of the United States, or militia in actual service, shall be subje to punishment under the martial or military law; that martial law, in sence of the unrestricted power of military officers, or others, to dispose the persons, liberties, or property of the citizen, is inconsistent with the p ciples of free government, and is not confided to any department of the co ernment of this State.

SEC. 26. That the citizens of this State have a right to keep and bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent er ·

SEC. 27. That no soldier shall, in time of peace, be quartered in t house without the consent of the owner; nor in time of war, but in a mar • prescribed by law.

SEC. 28. That no citizen of this State shall be compelled to hear an provided he will pay an equivalent, to be ascertained by law."

SEC. 29. That an equal participation in the free navigation of the Mis sippi is one of the inherent rights of the citizens of this State; it can a therefore, be conceded to any prince. potentate, power, person, or jøre? whatever.

SEC. 30. That no hereditary emoluments, privileges, or honors shall su be granted or conferred in this State.

SEC. 31. That the limits and boundaries of this State be ascertai it is declared they are as hereafter mentioned-that is to say: Begins on the extreme height of the Stone Mountain, at the place where the am of Virginia intersects it, in latitude thirty-six degree and thirty miom north; running thence along the extreme height of the said mountain, to the place where Watauga River breaks through it; thence a direct course to ++

« SebelumnyaLanjutkan »