OCR Interpretation


The Emigrant aid journal of Minnesota. [volume] (Nininger City, Minn. Terr. [i.e. Minn.]) 1856-1858, September 12, 1857, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84024825/1857-09-12/ed-1/seq-1/

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VOLUME 1.
(T'ljr dr migrant M %mm\,
A.W.N4€ U O \ 4 I, .
K(>ITO It AN I> 1* ROVRIF. TO R ,
IS ISSUED EVERY OTHER WEEK AT THE
AT TWO DOLLARS A YEAR, IN ADVANCE.
—♦
RITES OF ADVEKTidI.VO :
Eight lines, one time, - - - $1 **o
“ “ three times, -00
•nr-sp* iiil contracts will l e made wi f h those O'siring to
advertise l>v the year
i ii i; (J oi\sTlT UTI 0 N
i*F
the: siAit: of ,'»ij\y«>ot4.
Adopted iu 4 Friday, Aug. !«>, ’at.
PL!KAM n L K :
We, the peoph- of the State of Minnesota, grateful
to (iot 1 for our <i\it aud religions liberty, and desiring
to perpetuate its blessings, and secure the same to our
selves and our posterity, do ordain and establish this
l ’oustitution :
Article First—Hill of lit (jilts.
Section 1. Government is instituted for the security,
benefit am! protection of the people, iu whom all polit
ical powt r is inherent, together with the right to alter,
modify, or reform such government, whenever the pub
lic good may require it.
See. 2. No member of this State shall he disfran
chised cr dt prived of any of flic rights or privileges
secured to any citizen thereof, uuless by the law of the
land, or tin; judgment of his peers. There shall be
neither slavery uor involuntary servitude in the State
otherwise than in the punishment of crime whereof the
party shall have been duly convicted.
See ii. '1 he liberty of the tress shall forever remain
inviolate, and all persons may freely speak, write, aid
puiTisVi a —««‘nt\u»Hiits on all subjects, being rcapousi
ble for the abuse of such light.
See -ii The right of trial by jury shall remain in
violate, and shall extend to all eases at law without re
gard to the amount in c*>ntroversy, but a jury trial may
be waived by the p:u\ ha it) all cases, in tiio mauQcr pre
scribed by law.
Sec. 5. Excessive bail shall uot be required, nor shall
excessive hues be imposed, nor shall cruel <*r unusual
punishments be inflicted
See. 6. Iu all criminal prosecutions the accused shah
enjoy the right to a speedy and public trial, by an im
partial jury of the County or District wherein the crime
idiaii hurt* been committed, which county or distiici
shall have been prcviou.-ly aseirbii law a net to be
informed of the nature ami cause of the accusation, to
be coufronted with the witnesses against him, to have
cotnpulsorv process for obtaining witnesses in his favor,
and to have the assistance of couijsej in his defence
Sec. 7 No person shall he held to answer for a crim
inal offence unless on the presentment or indictment of
a Grand Jury, except iu cases of impeachment or in
cases cognizable by Justices of the Peace, or arising in
the Army < r Navy, or in the militia when in actual ser
vice in t ime of war < r public danger, and no person for
the saute offence shall be put twice in jeopardy of pun
ishment, nor shall be compelled, in any criminal ease to
be witness against himself, nor be deprived of life, lib
erty, or property, without due process of law. All per
sons shall, before eouviction, be hi liable by sufficient
sureties, except for capital offences, when the proof is
evident or the presumption great; and the privilege of
the writ of habeas corpus shall not be suspended, unless,
w hen in cases of rebellion or invasion, tbe 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 re
ceive in his person, property, or character ; he ought to
obtain justice freely, and without purchase ; completely,
without denial ; promptly, and without delay, conform
ably 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
he convicted of Treason unless on the testimony of two
witnesses to the same overt act, or on in open
court.
Sec. 10. The right of the people to be secure iu their
persons, bouses, papers, and effects, against, unreasonable
searches and seizures shall not be violated, and no war
rant shall issue but upou probable cause, supported bv
oath or affirmation, and particular}' describing the, place
to be searched, aud the person or tilings to be seized.
Sec. 11. No bill of attainder, <x post facto law, nor
any law impairing the obligation of contracts shall ever
be pasted, and no conviction shall work corruption of
blood of forfeiture of estate.
See. I*2. No person shall be imprisoned for debt in
this State, but, this shall not prevent the Legislature
from providing for imprisonment <>r holding to bail per
sons 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.
fsee. 115. Private property shall not be taken for public
use without just compensation therefor, tir.-A paid and
secured.
See 14. The military shall be subordinate to the civi
power, and no standing army shall lx* kept up in thi*
State in time of peace.
Sec. 15. All lands within this State are declared t<
be allodial, and feudal tenures of every description
with all their inc.dents, are prohibited. Leases anc
grants of agricultural land for a longer period that
twenty-cue years, hereafter made, in which shall be re
served any rent or service of any kind, shall be void.
.Sec. 10 The enumeration of rights iu this Constitu
tion shall not be construed to deny or impair other;
retained by and inherent in the people. The right o
every man to worship God according to the dictates o
his own conscience shall never he infriged ; nor shal
any man he compelled to attend, erect, or support an;
place of worship, or to maintain any religious or eccle
siastical ministry against his consent, nor shall an;
control of, or interference with the rights of cousei nra
be permitted, or any preference be given by law to an;
religious establishment or mode of worship; but thi
liberty of conscience hereby Secured, shall not be »<
construed as to excuse, acts of licentiousness or just if;
practice- u, . u-i>t.nt with tbe peace or safety of th<
State, nor shall any money be drawn from tbe treasur;
fur the benefit of any religious societies, or religious or
theological seminaries.
Sec. 17. No religious test ;>r amount ot property shall
ever l>e rt quired as a qualification for any office ot public
trust under ihe state ; uo religious test, or amount ot
property slnll ever bo required as a qualification of any
voter at any election in ibis state ; uor shall any person
be rendered incompetent to give evidence iu any court
of law or equity iu consequence of Ins opinion upon the
-übjeet of religion
Article .S 'rctnii/. - - On A anti' ami /tmindaries.
See. 1. Tills State shall be Called and known by the
name of flic State ot Minnesota, ami shall consist ot
and have jurisdiction over the Territory embraced in the
following Loundaru s to wit : Beginning at, the point in
tin* center of the main channel of the Red liver of the
North, where the boundary line between the United
States rml tbe Bnlish possessions crosses the same;
tin nee up the main channel of said river to that of the
Bojs dcs Sioux river ; thence up tin* main channel of
said river to Lake Trav.rse; thence up the center of
said L ike to the southern extremity thereof ; thence in
a direct line to the head of Big Stone Lake ; 'thence
llirouoh its center to its outlet; thence by a due south
line to iheiiortb line of the State of Iowa; thence east
along the northern boundary '*f said State to the main
channel of the Mississippi live r; thence up the main
dial.n- lof 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 ot Wis
consin and Michigan, until it intersects tiic dividing line
between the Unit d States and British Possessions;
thence up Pigeon liver, following said dividing line, to
the place of beginning
See 2. The State of Minnesota shall have concur
rent jurisdiction on the Mississippi and all other rivers
and wafers 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 river and wateis, and
navigable waters loading into the same, shall be common
highways, and forever Iroc, a.- well to the inhabitants
of said state as to other citizen- of the United States,
without any tax, duty, imp >st or toll therefor.
Tin* on iMi.utiou. contained in the act of Con
gress entitled “An Act to authmize ii.o people of the
Tciriury <>f Miuim.-ota to form a Constitution an.l ;-tute
governin' nt preparatory to tin ir admission into the
Union mi an »qual looting with the original states,” are
hereby accepted,! ratified, and confirmed, and shall re
main irrevocable without the consent of the 1 nited
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 witli any
reguHition Congress may find necessary for securing the
title to said soil to bona file purchasers thereof; aud no
tax shall be imposed on l ands belonging to the United
States, and iu n-' ease shall non resident proprietors be
taxed higher than residents
.1/7. Thir<l-r— Distribution of the Powers of (lover ament.
Sec. 1. The power of tin* government shall he divided
into three distinct Departments —the Legislative, Exec
utive, an 1 Judicial ; *md no person or parsons belonging
to or constituting on • of these Departments, shall exer
cise any of the powers properly belonging to either of
the "ill-is, except in the instances expressly provided it}
this . ‘.institution.
Ait. Fourth —L i/is/iifire Department.
Sec 1 The Legisl.itme of the State shall consist of
a Senate and House of R pivs.-ntatires. who shall meet
at the seat of governm'nt of the state, ar such times as
shall he jr-escribed by law
See. *2. The number of members who compose the
Senate and House of Representatives shall be prescribed
by law, but the representation in the Senate shall never
exceed one member for every five tli uisind inhabitants,
and in the House of Representatives one member for
every two thousand inhabitants. The representation in
both Houses shall be apportioned equally throughout
the different sections of th : state, in proportion to the
population thereof, exclusive of Indians not taxable un
der the provisions of law
See. 2. Each House shall be tbe judge of the election
returns, and the eligibility "f its own members; ti ma
jority of each shall constitute a quorum to transact bus
ine-=s, but a smaller number may adjourn from day to
dav, and compel the attendance <>f absent members iu
such manner and under such penalties as it may provide.
See. 4 Each House may determine the rules of its
proceedings, sit upon its own adjournment, punish its
members for disorderly behavior, and with the concur
rence of two-thirds expel a member, but. no member
shall be expelled a second time for the same offence.
Sec. 5 The House of Representatives shall elect, its
presiding officer, and the Senate and House of Repre
sentatives shall elect such other officers as may be pro
vided by law; they shall keep Journals of their pro
ceedings, aud from time to time publish the same, and
the yeas and nays, when taken on any question, shall be
entered on such Journals.
Sec, 0. Neither House shall, during a session of the
Legislature, adjourn lor more than three days, (Sunday
excepted,) nor to any other place than that iu which the
two Houses shall be assembled, without the consent of
the other House.
Sec. 7. The compensation of Senators and Represen
. tatives shall be tlirce dollars per diem duriug the first
session, but may afterwards he prescribed by law. But
u > increase of compensation shall be prescribed which
■ shall take effect during the period for which the mem
\ bers of the existing House of Representatives may have
1 been elected.
See. 8. The members of each House shall in all cases,
I except treason, felony and breach of the peace, be priv
, ileged from arrest during the session of their respective
| Houses, and in going to or returning from the same.
For any speech or debate in either House they shall not
he questioned in any other place.
Sec, 0, No Senator or Representative shall, during
the time for which he i« elected, hold any office uuder
, the authority of the United States, or the State of Min
nesota, except that of Postmaster; and no Senator or
Representative shall bold an office uuder the State,
which had been created, or the emoluments of which
had been increased duriug the session of the Legislature
of which he was a member, until one year after the
expiration of his term of office in the Legislature.
Sec. 10. All Bills for raising a revenue shall originate
iu the House of Representatives but the Seu&te may
propose and coucur with amendments, as on otheffiiilU.
Sec. 11. Every Bill which shall have passed the Sen
ate aud House of Representatives, in conformity to the
rules of each House, aud the joint ruh»9 of the two
. Houses, shall, before it becomes a law, be presented to
(TTY OK NININGER, DAKOTA COUNTY, MINNESOTA TERRITORY, SEPTEMBER 12, 1857.
the Governor of the state. If h<* approve, he shall sign
and deposit it in the office of tic* Secretary of State for
preservation, and notify the House where it originated
of the tact. But if u »t, he slnll return it wit.lt his ob
jections to the House in which it shall have originated,
when such objections shall be entered at large on the
Journal of the same, and the llpuse shall proceed to
reconsider the Bill. If, after such reconsideration, two
thirds of that House shall agree to pass the Bill, it shall
be sent, together with the objections, to the other House,
by which it shall likewise be reconsidered, and if it be
approved by two-thirds of that House, it shall become a
law. But in all such eases the votes of both Houses
shall be determined by yeas aud nays, aud the names of
the persons voting for or against, the Bill shall be entered
on the Journal of each House respectively. If any Bill
shall not he returned by the Governor within three days
(Sundays excepted) after it shall h ive been presented to
him, the same shall be a law in like manner as it he
had signed it, unless the Legislature, by adjournment
within that time, prevent its return, in which case it
shall not be a law. The Governor may approve, sign,
and tile in the office of the Secretary of State, within
three days after the adjournment of the Legislature, any
act passed during the three last days ot the session, and
the same shall become a law.
See. I*2. No money shall be appropriated except by
Bill. Every order, resolution or vote requiring thecon
currence of the two Houses (except such as relate to the
business-or adjournment of the same,) shall be presented
to the Governor for his signature, and before the same
shall take effect, shall be approved by him, or being
returned by him with his objections, shall be re-passed
by two thirds of the members of tbe two houses, accord
ing to the rules and limitations prescribed iu case of a
Bill.
.Sec*. 13. Tbe style of all laws of this state shall he :
“ Be it. enacted by the Legislature of the State of Min
nesota.” No law shall be passed unless voted for by a
majority of all the members elected to each branch of
the Legislature, and the vote entered upon the journal
of each house.
Sec. 14. The House of Representatives shall have
the sole power <>f impeachment, through a concurrence
of a majority of all the member.; elected to seats therein.
All impeachments -hail be ;rie<l by the Senate; and
when silting Ur that purpose the Senators shall be upon
oath or affirmation to do justice according to law and
uvijenee. No jh-r-on shrill be convicted .without the
concurrence of two-thirds of the members present.
Sec. 15. The Legislature shall have full power to ex
clude from the privilege of electing or being elected, any
person convicted of bribery, perjury, or auy other infa
mous crime.
Sec. I ti. Two or more members of either bouse shall
have liberty to dissent aud piotest against any act or
resolution which they may think injurious to the public
or to any individual, »u 1 have the reason of their dissent
eutered on the journal.
Sec. 17. The Governor shall issue writs of election
to fill such vacancies as may occur in either house of the
Legislature. The Legi.-lature shall prescribe by law the
manner iu which evidence in cases of contested seats in
either house shall 1 e taken.
Sec 18. Each house may punish by imprisonment,
duriug its session, any ;> r.nm not a member, wbo shall
be guilty of any disorderly or contemptuous behavior in
their presence, bu( no such imprisonment shall at any
time exceed tweuty-fom* hours.
Sec. 19. Eacli house shall be open to the public dur
ing the sessions thereof except in such cases as in their
opinion may require secrecy
Sec. 20. Every hill shall ho read on three different
days in each separate house, unless in case of urgency,
two-thirds of the house where such bill is pending, shall
deem it expedient to dispense with this rule, and no bill
shall be passed by either House until it shall have been
previously read twice at. length.
Sec. 21. Every bill having passed both houses Bhall
he carefully enrolled, and shall be signed by the presid
ing officer of each house* Any presiding officer refus
ing to sign a bill which sltali have previously passed both
houses, shall hereafter be incapable of holding a seat in
either branch of the Legislative Assembly, or hold any
other offi.-e of honor or profit in the State; and in case
of such refusal, each house shall, by rule provide the
manner in which such bill shall be properly certified for
presentation to the Governor.
Sec. 22. No bill shall be passed by either house of
the Legislature upon prescribed for the adjourn
ment of the two houses. But this section shall not be
s*) construed as to preclude tbe enrollment of a bill, or
the signature and passage from one house to the other,
or the reports thereon from committees, or its transmis
sion to the Executive for his signature.
See. 23. The Legislature shall provide by law for an
enumeration of the inhabitants of this state in the year
one thousand eight hundred and sixty-five, and every
tenth year thereafter. At tlieir first session after each
enumeration so made, and also at their first session after
each enumeration made by the authority of the United
States, the Legislature shall have the power to prescribe
the bounds of Congresssional, Senatorial and Represent
ative districts, and to apportion anew tbe Senators and
Representatives among the several districts, according to
the provisions of section second of this article.
Sec. 24. The Senators shall also be chosen by single
districts of convenient contiguous territory, at the same
time that the members of the house of Representatives
are required to be chosen, and in the same manner, and
uo representative district shall be divided in the forma
tion of a senate district. The senate districts shall be
numbered in regular series, and the senators chosen by
tbe districts designated by odd numbers, shall go out of
office at the expiration of the first year, and tbe senators
chosen by the districts designated by even numbers shall
go out of office at the expiration of the second year;
and thereafter the senators shall he chosen for the term
of two years, except there shall be an entire new elec
tion of all the senators at the election next succeeding
eacli new apportionment provided for in this article.
Sec. 25. Senators and Representatives shall be qnali
fied‘voters of the state, and shall have resided one year
in the state, and six months immediately preceding the
election in the district from which they are elected.
See. 2G. Members of tbe Senate of the United States
from this state shall be elected by the two houses of the
Legislature, in joint Convention, at such times and in
such manner as may be provided by law.
Sec. 27 No law shall embrace more than one sub
ject, which shall be expressed iu its title
Sec. 28. Divorces shall not be granted by the Leg
islature.
Sec. 29. All members and officers of hoth branches
of the Legislature shall, J>efor* entering upou the duties
of their respective trusts, take and subscribe an oath or
affirmation to support the Constitution of the United
States, the Constitution of the State of Minnesota, and
faithfully and impartially to discharge the duties devolv
ing upon him as such member or officer.
Sec. 30. Iu all elections to be made by the Legisla
ture, t,ho members thereof shall vote viva voce, and their
votes shall be entered on the Journal.
Sec! - 31. The Legislature shall never authorize any
lottery, or tbe sale of lottery tickets.
Art. Fifth. —Executive Department.
Sec. I. The Executive Department shall consist of a
Governor, Lieutenant Governor, Secretary of State,
Auditor, Treasurer, and Attorney General, who shall be
chosen by the electors of the state.
Sec. 2. The returns of every election, for the officers
named in the foregoing section shall be made to the
Secretary of State, aud by him transmitted to the Speak
er of the House of Representatives, who shall cause the
same to be opened and canvassed before both houses of
the Legislature, and the result declared within three
days after each house shall be organized.
Sec. 3. The term of office for the Governor aud
Lieutenant, Governor shall lie two years, and until tlieir
successors are chosen and qualified. Each shall have at
tained the age of twenty-five (25) years, and shall have
been a bona fide resident of the state for one year next
preceding his election. Both shall be citizens of the
United States.
Sec. 4 The Governor shall communicate by message
to each session of the Legislature, such information
touching the state and condition of the country as he
may deem expedient. He shall be commander-in-chief
of the military and naval forces, and may call out such
forces to execute the laws, to suppress insurrection and
to repel invasion. He may require the opinion, in writ
ing, of the principal officers iu each of the Executive
Departments, upon any subject relating to the duties of
: heir respective offices, and he shall have power to grant
reprieves and pardons after conviction for offences against
the state, except in cases of impeachment. He shall
have power, by and with the advice and consent of the
Senate, to appoint a State Librarian and Notaries Public,
and such other officers as may be provided by law ; he
shall, have power to appoint Commissioners to take the
aclyrowlgijgfuent of Deeds or other instruments in writ
ing, to be used in the state. He shall have a negative
upon all laws passed by the Legislature under such rules
and limitations as are in this Constitution prescribed.
He may on extraordinary occasions convene Jboth houses
of the Legislature. He shall take care thatfcthe laws be
faithfully executed, fill any vacancy that, may occur iD
the office of Secretary of state, Treasurer, Auditor, At
torney General, and such other State and District offices,
as uiay be hereafter created by law, until the next an
nual election, and until their successors arc chosen and
qualified
Sec. 5. The official term of the Secretary of state,
Treasurer and Attorney General shall be two years. Tbe
official term of the Auditor shall be three years, aud
eacli shall continue in office until his successor shall have
been elected and qualified. The Governor’s salary for
the first term uuder this Constitution shall be two thou
sand five hnndred dollars per annum. The salary of the
Secretary of State for the first term shall be fifteen hun
dred dollars per annum. The Auditor, Treasurer and
Attorney General, shall each, for the first term, receive
a salary of one thousand dollars per annum. And the
further duties and salaries of said Executive officers,
shall each thereafter be prescribed by law.
Sec. 6. The Lieut. Governor shall be ex-officio Presi
dent of the senate, and in case a vacancy should occur,
from any cause whatever, in the office of Governor, he
shall be Governor during such vacancy. The compen
sation of Lieutenant Governor shall be double the com
pensation of a.state senator. Before the close of each
session of the senate they shall elect a President pro
tempore. , who shall be Lieutenant Governor in case a
vacancy should occur in that office.
Sec. 7. The term of each of the Executive offices
named in this article, shall commence upon taking the
oath of office, after the state shall be admitted by Con
gress into the Union, and continue until the first Mon
day in January, 1860, ex ept tbe Auditor, who shall
continue iu office until the first Monday in January,
1861, and until their successors shall have been duly
elected and qualified.
See. 8. Each officer created by this article shall, before
entering upon his duties, take an oath or affirmation to
support the Constitution of the United States, and of
this state, and faithfully discharge the duties of his
office to the best of his judgment and ability.
See. 9. Laws shall be passed at the first session of the j
Legislature after the state is admitted into the Union to 1
carry out the provisions of this Article.
Article Sixth.—Judicial.
See. I. The Judicial power of the state shall bo vested
in a Supreme Court, District Courts, Courts of Probate,
Justices of tbe Peace, and such other courts, inferior to
the supreme court, as the Legialature may from time
to time establish by a two-thirds vote.
Sec. 2. The supreme court shall consist of one Chief
Justice and two Associate Justices, but the number of
Associate Justices may be increased to a number not
exceeding four, by the Legislature, by a two-thirds vote,
when it shall be deemed necessary. It shall have origi
nal jurisdiction in such remedial cases as may be pre
scribed by law, and appellate jurisdiction in all cases,
both in law and equity, but there shall be no trial by ;
jury in said Court. It shall hold one or more terms in
each year, as the Legislature may direct, at the seat of
government, and the Legislature may provide, by a two
thirds vote, that one term in each year shall be held in
each or any Judicial District. It shall be the duty of
such Court to appoint a Reporter of its decisions. There
shall be chosen by the qualified electors of the state,
one cterk of the supreme court, who shall hold his office
for the term of three years, and until his successor is
duly elected and qualified, and the Judges of the supreme
court, or a majority of them, shall have the power to
fill any vacancy in the office of clerk of the supreme
court uutil an election can be regularly had.
.Sec. 3. The Judges of the supreme cout t shall be
elected by the electors of the state at large, and their
term of office shall be seven years and until their suc
cessors are elected and qualified.
Sec 4. The state shall be divided by the Legislature
into six Judicial Districts, which shall be composed of
contiguous territory, be bounded by county lines, and
contain a population as nearly equal as may be practica
ble. In each Judicial District, one Judge shall bo elected
by the electors thereof, who shall constitute said Court,
and whose term of office shall be seven years. Every
District Judge shall, at the time of his election, be a
resident of the District for which he shall bo elected;
and shall reside therein during his continuance in office.
S?c. 5. Tbe District Court* shall have original juris
diction iu all civil cases, both in law and equity, where
the amount in controversy ; n a jj cr j m _
inal canes where the punishment Cjtccpd three
months imprisonment or a tine of tuon tlhun
dred dollars, and shall have such appefiate jurSttUtfoin
ias may be prescribed by law. The Legislature ■»»
! provide by law that the Judge of one District, may dls
; charge the duties of the Judge of any other District
I not his own, when convenience or the public interest
may require it.
Sec. G. The Judges of the supreme and district-cgQtfp
| shall be men learned in the law, and shall receive
! a compensation, at stated times, as may beprescribed by
I the Legislature, which compensation shall not be dim
| inisbed during their continuance in office, but they shall
: receive no other fee or reward for their services,
j See. 7. There shall be established in each organized
| county in the state a Probate Court, which shall be a
; Court of Record, aud be held at such times and places
ias may be prescribed by law. It shall be held by one
i Judge, wiio shall Le elected by the voters of the county,
! for the term of two years. lie shall be a resident of
! such county at the time of his election, aud reside therein
' during his continuance in office, and his compensation
j shall be provided by law. He may appoint his own
| clerk, where none has been elected, but the Legislature
’ may authorize the election, by the electors of any county,
iof one Clerk or Register of Probate for such county,
> whose powers, duties, term of office and compensation
i shall be prescribed by law. A Probate Court shall have
, jurisdiction over the estates of deceased persons, and
persons under guardianship, but no other jurisdiction
except as prescribed by this Constitution,
j Sec. 8. The Legislature shall provide for the election
! of a sufficient number of Justices of .the Peace in each
! county, whose term of office shall be two years, and
j whose duties and compensation shall be prescribed by
j law : Provided, That no Justice of the Peace shall have
jurisdiction of any civil cause, where the amount in
controversy shall exceed one hundred dollars, nor in a
criminal cause, whore the punishment shall exceed three
months imprisonment, or a fine of over one hundred
dollars, nor in any cause involving the title to real estate.
Sec. 9. All Judges other than those provided for in
this Constitution, shall be elected by the electors of the
Judicial District, county, or city, for which they shall
be created, not for a longer term than seven years.
Sec. 10. In case the office of any Judge shall become
vacant before the expiration of the regular term for
which he was elected, the vacancy shall he filled by ap
pointment by the Governor, until a successor is elected
and qualified. And such successor shall be elected at
the first annual election that occurs more than thirty
days after the vacancy shall have happened.
Sec. 11. The Justices of the supreme court and the
district court shall hold no office under the United States,
nor any office under this state And all votes for either
of them for any elective office under this Constitution,
except a judicial office, given by the Legislature or the
people, during their continuuuce iu office, shall be void.
Sec. 12. The Legislature may, at any time, change
the number of Judicial Districts, or their boundaries,
when it shall be deemed expedient, but no such change
shall vacate the office of any Judge,
§ec. 19. There shall be elected in each county where
a District Court shall be held, one clerk of said court,
whose qualifications, duties, and compensation shall he
prescribed by law, and whose term of office shall be
four years.
Sec. 14. Legal pleadings and proceedings in the Courts
of this state shall be under the direction of the Legis
lature. The style of all processes shall be * The State
of Minnesota,’ and all indictments shall conclude * against
the peace and dignity of the State of Minnesota.’
Sec. 15. The Legislature may provide for the election
of one person in each organized county iu this State to
be called a Court Commissioner, with Judicial power
£nd Jurisdiction not exceeding the power and jurisdic
tion of a judge of the District Court at Chambers, or
the Legislature may, instead of such election, confer
such power and jurisdiction upon Judges of Probate in
the State.
Article. Seventh.—Elective Franchise.
Sec. 1. Every male person of the age of twenty-one
years or upwards, belonging to either of the following
classes, who shall have resided in the United States one
year and in this state for four months next pieceding
any election, shall be entitled to vote at such election, iu
the election district of which he shall, at the time, have
been for teu days a resident, for all officers that now are,
or hereafter may be elective by the people:
Ist. White citizens of the United States.
2nd. White persons of foreign birth, who shall have
declared their intention to become citizens conformably
to the laws of the United States upon the subject of
naturalization.
3rd. Persons of mixed white and Indian blood, who !
have adopted the customs and habits of civilization. j
4th. Persons of Indian blood residing in this state, |
who have adopted the language, customs and habits of j
civilization, after an examination before any District j
Court of the State, in such a manner as may be provided j
by law, and shall have been pronounced by said Court j
capable of enjoying the rights of citizenship within the j
state.
Sec. 2. No person not belonging to one of the classes
specified in the preceding section, no person who has
been convicted of treason or any felony, unless restored
to civil rights, aud no person under guardianship, or
who may be non compus mentus or insane, shall be en
titled or permitted to vote at any election in this state.
Sec. 3. For the purpose of voting, no person shall be
deemed to have lost a residence by reason of his absence
while employed in the service of the United States, nor
while engaged upon the waters of this state or the United
States; nor while a student of any seminary of learning,
nor while kept at any almshouse or other asylum, nor
while confined in any public prison.
Sec. 4. 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 beiug stationed within the
same.
Sec. 5. During the day on which any election shall be
held, no person shall be atrested by virtue of any civil
process.
Sec. 6. All elections shall be by ballot, except fofr
such town officers as may be directed by law to be oth
erwise chosen.
Sec 7. Every person who, by the provisions of this
article, shall be entitled to vote at any election, shall be
eligible to any office which now is, or hereafter shall be,
elective by the people in the district wherein be shall
have .resided thirty days previous to such election; ex
cept as otherwise provided in this Constitution, or the
Constitution find laws of the United Btates.
Article Eighth. — School Funds, Education and Science.
Sec. 1. The stability of a Republican form of gov-
erument depending mainly upon the intelligence of the
people, it shall be the duty of the Legislature to estab
lish a general aud uniform system of public schools,
j See. 2. The proceeds of such lands as are or hereafter
I i*uay be granted by the United States for the use of
within each township in this state, shall remain
school fund to the state, and not more than
■ i \ lands may be sold in two (2) years,
one-tbird (!) in five years, and one-third (§) in ten -
' 1 / a uds of the greatest valuation
ranU be provided that no portion of said lands
shall be sold oh^ ? wi se at Wic gale The pria .
,Cl pa] of all funds a(v_ froo) _|l „ othcr dieposiUon
!°! <“ d ’- or ° hel W***. « to this
; state in each township, for purposes, shall
forever be preserved inviolate . aQ( j
! the income arising from the lease
lauds shall be distributed to the djflelß*^^. .
; throughout the state, in proportion to the ■-~A
j scholars in each towDshiD between- tWagesof fivelflL
j twenty-one years, and shall be fnithfallynppUaiUn tlin v
j specific objects of the original grants or appmpmataodA.:--
Sec. 3. Tbe Legislature shall make soek>
by taxation or otherwise, as, with tbe incam* arfriagd
from the school fund, will secure a thorough anil *£■*■*>
system of Public Schools in each township in the Start** ■
Sec. 4. The location of the University of Minnesota* ;
as established by existing laws is hereby confirmed, ana'
said institution is hereby declared to be the University
of the State of Minnesota. All the rights, immunities,
franchises and endowments heretofore granted or con
ferred, are hereby perpetuated unto the said University,
and all lands which may be granted hereafter by Con
gress or other donations for said University purposes
shall vest in the institution referred to in this section.
Art. Ninth. — Finances of the State , and Banks and
Banking.
Sec. 1. All taxes to be raised in this State shall he
as nearly equal as may be, and all property
taxes are to be levied shall have a cash valuation, and
be equalized and uniform throughout the state. '
Sec. 2. The Legislature shall provide for an Annual
Tax sufficient, to defray the estimated expenses of the
state for each year ; and whenever it shall happen that
such ordinary expenses of the state for any year shall
exceed the income of the state for such year, the Legis
lature shall provide for levying a Tax for the ensuing
year sufficient with other sources of income, to pay the
deficiency of the preceding year, together with the esti
mated expenses of such ensuing year.
Sec. 3. Laws shall be passed taxing all moneys,
credits, investments in bonds, stocks, joint stock com
panies, or otherwise, and also all real and personal prop
erty, according to its true value in money, but public
burying grounds, public school houses, public hospitals,
academies, colleges, universities, and all seminaries of
learning, all churches, church property used for religious
purposes and houses of worship, institutions of purely
public charity, public property used exclusively for any
public purpose, and personal property to an amount not
exceeding in value two hundred dollars for each individ
ual shall, by general laws, > be exempt from taxation.
Sec. 4. Laws shall be passed far taxing the notes and
bills discounted, or purchase moneys loaned, and all
other property, effects or dues of every description, of all
banks and of all bankers; so that all property employ
ed in hanking shall always he subject to a taxation equal
to that imposed on the property of individuals.
Sec. 5. For the purpose of defraying extraordinary
expenditures, the state may contract public debts, hut
such debts shall never in the aggregate exceed two hun
dred and fifty thousand dollars; every such debt shall
be authorized by law, for some single object to be dis
tinctly specified therein; and no such law shall take ef
fect until it shall have been passed by the vote of two
thirds of the members of each branch of the Legiala
ture, to be recorded by yeas and nays on the Journalo of
each House respectively; aud every such law shall levy
a tax annually sufficient to pay the annual interest of
such debt, and also a tax sufficient to pay the principal
of such debt within ten years from the final passage of
such law, and shall specially appropriate the proceeds of
such taxes to the payment of such principal and inter
est, and such appropriation and taxes shall not be repeal
ed, postponed or diminished until the principal and in
terest of such debt shall have been wholly paid. The
state shall never contract any debts for works of internal
improvement, or be a party in carrying on such works,
except in cases where grants of land or other property
shall have been made to the state especially dedicated by
the grant to specific purposes; and in such cases the
state shall devote thereto the avails of such grants, and
may pledge or appropriate the revenues derived from
such works in aid of their completion.
Sec. 6. All debts authorized by the preceding section
( shall be contracted by loan on state bonds of amount*
not less than five hundred dollars each, on interest pay
able within ten years after the final passage of the law
authorizing such debts; and such bonds shall not be sold
by the state under par. A correct registry of all such
bonds shall be kept by tbe Treasurer, in numerioal or
der, so as always to exhibit the number and amount un
paid, and to whom severally made payable.
Sec. 7. The state shall never contract any public
debt, unless in time of war, to repel invasion or suppress
insurrection, except in the cases and in the manner pro
vided in the fifth and sixth sections of this Article.
Sec. 8. The money arising from any loan made or
debt or liability contracted, shall be applied to the ob
ject specified in the act authorizing such debts or liabili
ties, or to the repayment of snch debt or liability, and to
no other purpose whatever.
Sec. 9. No money shall ever he paid oat of the Trea
sury of this state, except in pursuance of an appropria
tion by law.
Sec. 10. The credit of the state shall never be given
or loaned in aid of any individual, association or corpora
tion.
Sec. 11. There shall he published by the Treasurer,
in at least one newspaper printed at the seat of govern
ment, during the first week .in January of each year,
and iu the next volume of the Acts of the Legislature,
detailed statements of all moneys drawn from the Trea
sury during the proceeding year; for what purposes,
and to whom paid, and by what law authorised; and
also of all moneys received, and by what authority, and
from whom.
Sec. 12. Suitable laws shall.be passed by the Legter "*
lature for the safe keeping, transfer, mid disbursement
of the state and school funds, and all officers and efher
persona charged with the same shall be required to eve
ample security for all money* and funds of any kind, to
keep an accurate entry of each sum received, and of eatih
pay moot and transfer, cud if any of said officers 0T other*
. * , . u it-- .. *• -.t A... t v Aw ’’J •$§
NUMBER 8.

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