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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

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[See Art. IV, Sec. 41.]

[See Art. IV, Sec. 42.] ĪSee Art. VI, Sec. 25.)

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: Sec. 3. The civil and religious rights, privileges and capacities of no person shall be diminished or enlarged, on account of his opinions or belief concerning matters of religion. . .

Sec. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions for libels, the truth may be given in evidence to the jury, 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

I fact.

[See Art. VI, Sec. 26.]

[See Art. II, Sec. 10.]

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6. The civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged, on account of his opinions or belief concerning matters of religion.

7. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury, 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 fact... " .. 8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation..

9. The right of trial by jury shall remain inviolate.

10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vincinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.

11. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger.

12. No person, for the same offense, shall be twice put in jeopardy of punishment. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it...

13. Every person has a right to bear arms for the defense of himself and the State.

14. The military shall, in all cases ... and at all. times, be in strict subordi

nation to the civil power...

15. No soldier shall, in time of peace, : be quartered in any house without the

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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

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consent of the owner, nor in time of war, but in a manner prescribed by law.

16. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

17. No bill of attainder, ex-post-facto law, or law impairing the obligation of contracts, shall be passed.

[See Art. İ, Sec. 12.]

[See Art. IV, Sec. 43.] :::.

[See Art. IV, Sec. 44.]

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Sec. 5. No bill of attainder or éx post facto law, or law impairing the obligation of contracts shall be passed.

Sec. 6. The privilege of the writ of habeas corpus remains, and shall not be suspended unless in case of rebellion or invasion, the public safety may require it.

Sec. 7. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law. The Legislature may authorize, in all civil and criminal cases, a trial by jury of a less number than twelve men, in all courts not of record. | Sec. 8. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, to be informed of the accusation, to be confronted with witnesses against him, to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.

Sec. 9. Any suitor in any court in this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney of his choice. ;

Sec. 10. The persons, houses, papers and possessions of every person shall be secure from unreasonable searches and seizure. No warrant to search any place, or to seize any person or thing, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

Sec. 11. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.

Sec. 12. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless upon the testimony of two witnesses to the same overt act, or on confession in open court.

Sec. 13. Excessive bail shall not be required; excessive fines shall not be

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posed; and cruel and unjust punishment shall not be inflicted.

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shall not be inflicted, nor shall witnesses be unreasonably detained..

Sec. 14. No person shall be compelled, in any criminal case, to be a witness against himself, or be deprived of life, liberty or property, without due process of law.

Sec. 15. No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in case of fraud, or breach of trust, or of promise to marry, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

Sec. 16. Every person has a right to bear arms for the common defense.

Sec. 17. The military shall be in strict subordination to the civil power.

Sec. 18. No soldier shall in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law..*

Sec. 19. The people have the right peaceably to assemble together, to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances.

Sec. 20. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated

in this State. if Sec. 21. Aliens who are, or may here

after become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment. and inheritance of property as native born citizens.

Sec. 22. Private property shall not be taken for public use without compensa

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tion.

[See Art. XVIII, Sec. 10.]'.

[See Art. II, Sec. 19.]

19. The property of no person shall be taken for public use, without just compensation therefor..

20. The people shall have the right freely to assemble together, to .consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances.

21. All acts of the Legislature, contrary to this or any other article of this Constitution, shall be void.

[See Art. VII, Sec. 1.]

ELECTORS. . 1. In all elections, every white male citizen above the age of twenty-one years, having resided in the State six months next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a. resident of this State at the time of the signing of this Constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district,

ARTICLE III.

ELECTIVE FRANCHISE. SECTION 1. In all elections every person of the age of twenty-one years, who shall have resided in this Stato three months, and in the township or ward in which he offers to vote ten days next preceding an election, belonging to either of the following classes, shall be an elector and entitled to vote:

First. Every male citizen of the United States..

Second. Every male inhabitant of this State, who shall have resided in ..

CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

county or township in which he shall actually reside at the time of such election.* ::

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the United States two years and six months, and declared his intention to become a citizen of the United States, pursuant to the laws 'thereof, six months preceding an election. 1 Third. Every male inhabitant resid

ing in this State on the twenty-fourth day of June, one thousand eight hun

dred and thirty-five. See Art. VII, Amendment to Sec. 1.] Sec. 2. In time of war, insurrection

or rebellion, the right to vote at such place and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States, or of this State: Provided, Their votes shall be made to apply to the township or

ward in which they are residents. See. Art. VII, Sec. 2.]

Sec. 3. All elections shall be by bal- . lot, except of such township officers as may be authorized by law to be other

wise chosen. . Seo Art. VII, Sec. 3.]

Sec. 4. Every elector, in all cases except treason, felony, misdemeanor or breach of the peace, shall be privileged from arrest during his attendance , at election, and in going to and return

ing from the same. .. [See Art. VII, Sec. 4.]. Sec. 5. No elector shall be obliged

Ito attend court as a suitor or witness on the day of election, or to do military duty thereon except in time of war or

public danger. [See Art. VII, Sec. 5.] : Sec. 6. No elector shall be deemed

to have gained or lost his residence by reason of absence therefrom in the service of the United States or of this State, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas, nor while a student at any seminary of learning, nor while kept at any alms-house or other asylum at public expense, nor while confined in any

public prison. [See Art. VII, Sec. 6.] Sec. 7. Laws may be passed to pre

serve the purity of elections, and guard against the abuşes of the elective fran

chise. [See Art. VII, Soc. 7.]

Sec. 8. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State, in consequence of being stationed in any military or naval place within the same.

Sec. 9. No idiot or insane person shall be entitled to the privileges of

an elector. [See Art: VII, Sec. 8.]

Sec. 10. Any inhabitant of this state, who may be hereafter engaged in a duel, shall be disqualified from holding any office and from yoting at any election.

Sec., 11. The Legislature may authorize townships to hold their elections within the corporate limits of | adjoining cities,

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6. No soldier, seaman or marine, in the army or navy of the United States, shall be deemed a resident of this State, in consequence of being stationed in any military or naval place within the same.

*The following: amendment to the Constitution was proposed by the Legislature of 1838, referred to the Leg. islature of 1839, agreed to in 1839 by two-thirds of all the members elected to each House, submitted to the people and approved and ratified at an election held in Novem. ber, 1839:

That so much of the first section of the second article of the Constitution, as prescribes the place in which an elector may vote, and which is in these words, to wit: "dis. trict, county or township," be abolished, and that the following be substituted in place thereof, to wit: “town. 1 ship or ward."

De chat so much as prescribes these words, to what the

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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

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ARTICLE III.
ARTICLE III.

ARTICLE IV. ... DIVISION OF THE POWERS OF GOVERNMENT. DIVISION OF THE POWERS OF GOVERNMENT. DIVISION OF THE POWERS OF GOVERNMENT.

1. The powers of the government SECTION 1. The powers of govern- SECTION 1. The powers of governshall be divided into three distinct de- ment are divided into three department are divided into three departpartments: the legislative, the executive ments: legislative, executive and ju- ments: Legislative, Executive and and the judicial; and one department dicial.

Judicial. shall never exercise the powers of Sec. 2. No person belonging to one Sec. 2. Neither department shall another, eecept in such cases as are department shall exercise the powers ever exercise the powers belonging to expressly provided for in this Consti- properly belonging to another, except another, except in cases expressly pro

in the cases expressly provided in this vided for in this Constitution.

Constitution.
ARTICLE IV.
ARTICLE IV.

ARTICLE V.
LEGISLATIVE DEPARTMENT.
LEGISLATIVE DEPARTMENT.

LLGISLATIVE DEPARTMENT. 1. The legislative power shall be SECTION 1. The legislative power is SECTION 1. The legislative power is vested in a Senate and House of Rep-vested in a Senate and House of Rep- vested in a Senate and House of Representatives. resentatives.

résentatives. : 2. The number of members of the Sec. 2. The Senate shall consist of Sec. 2. The Senate shall consist of House of Representatives shall never thirty-two members. Senators shall thirty-two members. But after the be less than forty-eight, nor more than be elected for two years, and by single year 1870, the Legislature may increase one hundred; and the Senate shall, at districts. Such districts shall be num- the number to thirty-three, by author-. all times, equal in number one-third of bered from one to thirty-two inclusive; izing the election of two Senators in the House of Representatives, as near each of which shall choose one Senator. that portion of the State nov included as may be.

No county shall be divided in the form within the limits of the Thirty-Second

ation of Senate districts, except such Senatorial District. Senators shall be [See Art. IV, Sec. 5.] county shall be equitably entitled to elected for four years, and by single two or more Senators.

districts. At the first election after the adoption of this Constitution, Senators in the odd numbered districts shall be elected for two years, and in the even numbered districte for four years. Such districts shall be numbered from one to thirty-three inclusive, each of which shall choose one Senator. No county shall be divided in the formation of Senate districts, unless such county shall be equitably entitled to two or

more Senators. [See Art. IV, Sections 2 and 4.] Sec. 3. The House of Representa- Sec. 3. The House of Representatives

tives shall consist of not less than shall consist of not more than one hun. sixty-four, nor more than one hundred dred and ten members. Representamembers. Representatives shall be tives shall be chosen for two years, and chosen for two years, and by single by single districts. Each representadistricts. Each representative district tive district shall contain, as nearly as shall contain, as nearly as may be, an may be, an equal number of inhabiequal number of white inhabitants, and tants, and shall consist of convenient civilized persons of Indian descent not and contiguous territory; but every members of any tribe, and shall con- organized county containing a popusist of convenient and contiguous ter-lation of not less than four thousand, ritory. But no township or city shall and every two or more contiguous orbe divided in the formation of a repre- ganized counties, containing a like popsentative district. When any township ulation, shall constitute a representative or city shall contain a population district, and be entitled to one Reprewhich entitles it to more than one sentative. In every county entitled to Representative, then such township or more than one Representative, the city shall elect by general ticket the board of supervisors shall assemble at number of Representatives to which it such time and place as may be prois entitled. Each county hereafter or- vided by law, and divide the same into ganized, with such territory as may be representative districts, equal to the attached thereto, shall be entitled to a number of Representatives to which separate Representative when it has such county is entitled by law, and attained a population equal to a moiety shall cause to be filed in the offices of of the ratio of representation. In the Secretary of State and clerk of every county entitled to more than one such county, a description of such Representative, the board of supervi- representative districts, specifying the sors shall assemble at such time and number of each district, and the popplace as the Legislature shall prescribe, ulation thereof, according to the last and divide the same into representa-I enumeration.

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