No excessive

bail or unusual punishments.

Rights of accused in criminal

SEC. 5. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted.

SEC. 6. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of prosecutions. the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense. (a)

Further rights of accused.

Redress of injuries or wrongs.

Treason defined.

Right against unreasonable searches.

Prohibits Co

SEC. 7. 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 navy, or in the militia when in actual service in time of war or public danger; and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property without due process of law. 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 cases of rebellion or invasion, the public safety may require.

SEC. 8. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain justice freely and without purchase; completely and without denial; promptly and without delay, conformable to the laws.

SEC. 9. Treason against the State shall consist only in levying war against the same, 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.

SEC. 10. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

SEC. II. No bill of attainder, er post facto law, nor any law laws, or laws impairing the obligation of contracts, shall ever be passed, and

post facto

impairing contracts.

(a) The jury contemplated by article 1, section 6, securing the right to jury trial in criminal cases, is a body of twelve men, and it is error to try a party charged with crime in a justice court, against his objection, with a jury of six. The fact that he may appeal to the district court, on entering into recognizance with sureties, does not change the rule. 14 Minn. 330.

no conviction shall work corruption of blood or forfeiture of estate.

ment for debt.

Property ex

SEC. 12. No person shall be imprisoned for debt in this ImprisonState, (a) but this shall not prevent the legislature from providing for imprisonment, or holding to bail, persons charged with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law. [Provided, however, that all property so exempted shall be liable to seizure and sale for any debts incurred to any person for work done or materials furnished in the construction, repair or improvement of the same; and, provided further, that such liability to seizure and sale shall also extend to all real property for any debt incurred to any laborer or servant for labor or service performed.]*

SEC. 13. Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured.†

emption.

Private prop

erty for public use.

Military power

SEC. 14. The military shall be subordinate to the civil power, and no standing army shall be kept up in this State in time of subordinate. peace.

Lands declared allo

when void.

SEC. 15. All lands within the State are declared to be allodial, and feudal tenures of every description, with all their inci- dial. Leases, dents, are prohibited. Leases and grants of agricultural lands for a longer period than twenty-one years, hereafter made, in which shall be reserved any rent or service of any kind, shall be void.

Freedom of

SEC. 16. The enumeration of rights in this constitution shall not be construed to deny or impair others retained by and in- conscience. herent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed, nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State, nor shall any money be drawn from the treasury for the benefit of any religious societies, or religious or theological seminaries.

SEC. 17. No religious test or amount of property shall ever be required as a qualification for any office of public trust under the State. No religious test or amount of property shall ever be

(a) 23 Minn. 1; 23 Minn. 411.

*The clause in brackets was adopted Nov. 6, 1888.

The words "destroyed or damaged" inserted by amendment adopted Nov. 3, 1896.

No prefer ence to be given to any religious establishment or mode of worship.

No religious test or property qualification to be required.

Name and boundaries.

required as a qualification of any voter at any election in this State; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion.

ARTICLE II.

ON NAME AND BOUNDARIES.

SECTION 1. This State shall be called and known by the name of the State of Minnesota, and shall consist of and have jurisdiction over the territory embraced in the following boundaries, to-wit: Beginning at the point in the center of the main channel of the Red River of the North, where the boundary line between the United States and British Possessions crosses the same; thence up the main channel of said river to that of the Bois des Sioux river; thence up the main channel of said river to Lake Traverse; thence up the center of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone lake; thence through its center to its outlet; thence by a due south line to the north line of the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi river; thence up the main channel of said river and following the boundary line of the State of Wisconsin until the same intersects the St. Louis river; thence down the said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and British Possessions; thence up Pigeon river and following said dividing line to the place of beginning.*

The northern boundary of the state at the Lake of the Woods is projected beyond the 49th parallel a distance of about twenty miles, making a wedge-shaped jog through the lake until it strikes firm ground on the west bank of the lake; thence in a due south line to the 49th parallel. The explanation of this jog is found in the subjoined paragraphs: In the seventh article of the treaty of Ghent, section 19 reads as follows: Sec. 19. Resolved that the following described (also represented on said map as before mentioned), is, in the opinion of the commissioners, so far as the same extends, the true boundary intended by the before mentioned treaties, namely: * * * thence through the middle of the waters of this bay to the northwest extremity of the same, being the most northwestern point of the Lake of the Woods, and from a monument in this bay, on the nearest firm ground to the above northwest extremity of said bay, the courses and distances are as follows: 56° W. 1,5651⁄2 feet; 2d, N. 6° W. 861% feet; 3d, N. 28° W. 615.4 feet; 4th, N. 27° 10′ W. 495.4 feet; 5th, N. 5° 10′ E. 1,322 feet; 6th, N. 7° 45′ W. 493 feet, the variation being 12° east. The termination of this 6th and last course and distance being the above said most northwestern point of the Lake of the Woods, as designated by the seventh article of the treaty of Ghent, and being in latitude 49° 23′ 55′′ north of the equator, and in longitude 95° 14′ 38′′ west from Greenwich. The second article of the convention of 1818 is

on bordering rivers.

SEC. 2. The State of Minnesota shall have concurrent juris- Jurisdiction diction on the Mississippi and on all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said State, and any other state or states now or hereafter to be formed by the same; and said rivers and waters, and navigable waters leading into the same, shall be common highways and forever free, as well to the inhabitants of said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor.

of propositions in enabling act.

SEC. 3. The propositions contained in the act of Congress Acceptance entitled, "An act to authorize the people of the Territory of Minnesota to form a constitution and state government, preparatory to their admission into the Union on equal footing with the original states," are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title to said soil to bona fide purchasers thereof; and no tax shall be imposed on lands belonging to the United States, and in no case shall non-resident proprietors be taxed higher than residents.

ARTICLE III.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

Division of

SECTION 1. The powers of government shall be divided into three distinct departments-legislative, executive, and judicial; powers. and no person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others, except in the instances expressly provided in this constitution. (a)

as follows: Article 2. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods along the 49th parallel of north latitude, or, if the said point shall not be in the 49th parallel of north latitude, then that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west, along and with the said parallel, shall be the line of demarkation between the territories of the United States and His Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains. This boundary was re-established and determined by a commission authorized by congress, and the surveys embracing four years were made and reported to congress in 1877.

(a) Courts cannot control or interfere with an executive officer of the state in his official acts, even though they are such that the duty to perform them might have been entrusted to some other officer. 28 Minn. 50.

Legislature meets biennially.

Length of session.

Apportionment of members.

Eligibility of members.

Quorum.

Rules of government.

Officers.

Journal of proceedings.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislature shall consist of the Senate and House of Representatives, which shall meet biennially at the seat of government of the State, at such time as shall be prescribed by law, but no session shall exceed the term of ninety (90) legislative days; (a) and no new bill shall be introduced in either branch, except on the written request of the governor, during the last twenty (20) days of such sessions, except the attention of the legislature shall be called to some important matter of general interest by a special message from the governor.* SEC. 2. The number of members who compose the Senate and House of Representatives shall be prescribed by law, but the representatives in the Senate shall never exceed one member for every 5,000 inhabitants, and in the House of Representatives one member for every 2,000 inhabitants. The representation in both houses shall be apportioned equally throughout the different sections of the State, in proportion to the population thereof, exclusive of Indians not taxable under the provisions of law.

SEC. 3. Each house shall be the judge of the election returns and eligibility of its own members; (b) a majority of each shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as it may provide.

SEC. 4. Each house may determine the rules of its proceedings, sit upon its own adjournment, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but no member shall be expelled the second time for the same offense.

SEC. 5. The House of Representatives shall elect its presiding officer and the Senate and House of Representatives shall elect such other officers as may be provided by law; they shall keep journals of their proceedings, and from time to time publish the same, and the yeas and nays, when taken on any question, shall be entered on such journals.

(a) Feb. 5, 1889, the judiciary committee of the House of Representatives unanimously reported, "that it was clearly the purpose of the legislature which proposed this amendment of the Constitution to the people, and plainly the intention of the people themselves, when voting for its adoption, to limit the sessions of the legislature to ninety days, excluding only Sundays and legal holidays." Also that twenty days' limitation of introduction of bills before adjournment only applied to the period of ninety days, and proportionately for a shorter session.

*Amendment adopted Nov. 6, 1888.

(b) The election of a state senator or representative to congress does not necessarily create a vacancy. Senate Journal, 1889, page 962. See opinion of Att'y Gen. Clapp.