The Emigrant aid journal of Minnesota. [volume], September 12, 1857, Image 2

About The Emigrant aid journal of Minnesota. [volume] (Nininger City, Minn. Terr. [i.e. Minn.]) 1856-1858

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VOLUME 1.
(T'ljr Cniiput M
A.W.M4C U O X A L » .
Ki>l TO K AN O PROPR IF.T OH , j
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Tii K CONST ITU T 1 0 N
OF
THE STATE OF MINNESOTA.
Adopted iu Convention, Friday, Aug. i">, ’SI.
1* II I'. A M B 1. K :
We, tlie people i*f the State of Minnesota, grateful
it Cod for our civil aud religions liberty, and desiring
t<» perpetuate its blessings, and secure tin* same to our
selves and our posterity, do ordain and establish this ;
’oustitutiou :
Article First—MH of liii/hts.
Section 1. Government is instituted for the security, i
jenetit and protection of rite people, hi whom all pol il
eal power is inherent, together with the right to alter,
noddy, or reform such government, whenever the pub
ic good may require it.
: See. *2. No member of this State shall be disfran
chised or deprived of any of the rights or privileges
•eeutvd to any citizen thereof, unless by the law of the
and, or the jndgineut of his peers. There shall he
leitlier slavery uor involuntary servitude .in the State
•therwise than in the puuislnneut of crime whereof the !
.arty shall have been duly convicted.
See ii. The liberty of (ha -tress shall forever remain
■.violate, mid all pm-nowr may fruely speak, write, atid
DutTtsi. wntuuenth oil aIL *4(bjc«t*f being re*pwnsi
jle fur tl»e tihuse of such
See. 4- The right of trial by jury shall remain »n
--riolate, and shall extend to till eases at law without re
gard to ti>e amount iu controversy, hut a jury trial may
he waived by the part ha in all cases, iu the manner pre
wribed by law.
Sep. 5. Excessive hail shall not he required, nor shall
excessive hues be imposed, imr shail cruel or unusual
punishments he inflicted
Sec. t>. In ail criminal prosecutions the accused shah
enjoy the right to a speedy and public trial, by an im
partial jury of the Cuuuty or District wherein the crime
shall have been committed, which county or district
shall have been previously ascertained Jky law and to be
informed of tlie nature and cause uf the accusation, to
)>e 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 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, tu cases of impeachment or iu
cases cognizable by Justices of the Peace, or arising in
tlie Army < r Navy, or in tlm militia when in actual ser
vice in time of war or public danger, and no person for
the same offence shall he put twice in jeopardy of pun
ishment, nor shall he compelled, in any criminal ease to
be witness against himself, nor he deprived of life, lib
erty, or property, without due process of law. All per
sons shall, before conviction, he hi liable by sufficient
sureties, except for capital offences, when the proof is
evident or the presumption great; aud the privilege of
the writ of habeas corpus shall not be suspended, unless,
when in cases of rebellion or invasion, the public safety
jnay require.
Hoe. 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.
£ee. lb Treason against the State shail consist only
in levying war against the same, or in adhering to its
enemies, giving them aid aud comfort. No person shall
be convicted of Treason unless <>n the testimony of two
witnesses to the same overt act, or on confessjpu in open
court.
Hee. 10. The right of the people to he secure iu their
persons, houses, papers, and effects, against, unreasonable
searches and seizures shall not he violated, and no war
rant shall issue but upon probable eause, supported by
oath or affirmation, and describing the place
to be searched, and the person or things to he seized.
Sec. 11. No bill of attainder, <x post facto law, nor
any law impairing the obligation of contracts shall ever
be pasfed, and no conviction shall work corruption of
blood of forfeiture of estate.
See. 12. 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.
Hee. 13. Private property shall not. be taken for public
use without just compensation therefor, first paid and
secured.
See 14. The military shall besultordinate to the civil
power, and no standing army shall be kept up in this
,State in time of peace.
Sec. 15. All lands within this State are declared to
be allodial, and feudal tenures of every description,
with all their inc.dents, are prohibited. Leases and
grants of agricultural land for a longer period than
twenty-one years, hereafter made, in which shall be re
served any rent or service of any kind, shall be void.
See. I<s The enumeration of rights in this Constitu
tion shall not be construed to deny or impair others
retained by and inherent in the people. The right of
every mau to worship God according to the dictates of
bis own conscience shall never he infriged ; nor shall
any man be compelled to attend, erect, or support any
place of worship, or to maintain any religious nr eccle
siastical ministry against his consent, nor shall any
control of, or interference with the rights of cousci net
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 *r
construed as to excjme acta of licentiousness or justify
practice u.- U'i>o nt with the peace or safety of tht
State, nor shall any money be drawn from the treasury
f<>r the benefit of any relicions societies, or religious or
theological seminaries.
See. IT. No religious te.-t or amount ot property shall
< v*t he inquired as a qualification for any office ot public
trust under the state ; no religious test., or amount of
property shall ever he required as a qualdieatioU of uuy
voter at any election in this state ; u*>r shall any person
he rendered incompetent to give evidence iu any court,
of law or equity in consequence of his opinion upon the
subject of religion.
Article. Srcimil. tin Same ami /.ioiinilarte*.
See. 1. This State shall he called and known by the
name of the State ot 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 t-hnuuc! of the Red liver of the
North, where the boundary line between the United
States end Hu* Btdish Possessions crosses the same;
thence tip the main channel of said liver to that, of the
Bois d. s Sioux river ; thence up the main chaunel of
said river to Luke Trav-rse; thence up the center of
said Like to the southern extremity thereof; thence in
a direct line to the head of Big Stone Lake; thence
through its center t<> 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
dial.m lof said river, and following the boundary line
of the State of Wisconsin, until the same intersects the*
St. Lon is river; thence down the said river to and
through Lake Superior, on the boundary line ot Wis- i
cousin and Michigan, until it intersects tiio dividing line
betweeu the Unit d States and British Possessions ;
thence up Pigeon river, following said dividing line, to ,
the place of beginning
Sec 2. The State of Minnesota shall have concur
rent. jurisdiction on the Mississippi and all other rivers
and waters bordering on the said State of Minnesota, so i
far as the same shall form a common boundary to said ;
state and any other state or states now or hereafter to
be formed hy the same; and said river and wateis, and :
navigable waters leading into the same, shall he common i
highways, and forever Vive, as veil to the inhabitants !
of said state as to other citizen- of the United States,
without any tax, duty, iuipist or toll therefor.
Stoj- A The. i>i. imoLiuu.contain si in the act. of Con*
gresfi entitled “An Art t.» autln.iize ii«.* people of the
TetriUry of Minuemta to form a Constitution au.i
gnvc.rnim nt preparatory to tlx ir admission into the
Union on an »qual footing ,vi(h the original states,” are
hereby accept, d,? ratified, and confirmed, aud shall re
main irrevocable without the consent of the Unifed j
States; and it is In tvhy ordained that this state shall I
never interfere with the’ primary disposal of the soil '
within the same, hy the United States, or with any j
regufeitioii Congress may find necessary for securing the I
title t » said soil to bona fide purchasers thereof; and no
tax shall he imposed on lauds belonging to the United j
States, and in tin case shall non resident proprietors be I
taxed higher than residents
4i t. Thi, >! —-Distribution of the Powers of Government.
Sec. 1. The power of the government shall be divided
into time distinct Departments —the Legislative, Exec
utive, aq I Judicial ; and in person or persons belonging
to or constituting mu of these Departments, shall exer- .
rise any of the powers properly belonging to either of
the oiliers, except in the instances expressly provided in !
this * '.institution. !
Art. Fourth —L i/is/ative. Department.
Hoe I. The Legislatuie of the State shall consist of
a Senate aud House of R ■ presen fa lives, who shall meet 1
at the seat of ; government, uf the state, at such times as ;
shall he p t'seiihed by law
See. 2. The number of members who compose the :
Senate and House of Representatives shall he prescribed
by law, but the representation in the Senate shall never
exceed one member for every five th msind inhabitants, !
and in the House of Representatives one member for j
every two thousand inhabitants. The representation in j
both H tunes shall be apportioned equally throughout i
the different sections of the state, iu proportion to the :
population thereof, exclusive of (udiaiis not taxable un
der the provisions of law
See. 15. Each House shall he the judge of the election
returns, and the eligibility of its own members; a ma
jority of each shall constitute a quorum to transact bus
incss, lint a smaller number may adjourn from day to
day, and compel the attendance of abseut members iu
such manner and under such penalties as it may provide.
1 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 hy law; they shall keep Journals of their pro
ceedings, and from time jbb time publish the same, and
the yeas and nays, when taken on auy question, shall be
entered on such Journals.
Hec. 0. Neither House sbali, during a session of the
Legislature, adjourn for more than three days, (Suuday
excepted,) nor to any other place than that in which the
two Houses shall he assembled, without the consent, of
the other House.
Sec. 7. The compensation of Senators and Heprcsen
, tatives shall be three dollars per diem during the first
session, but may afterwards be prescribed by law. But
uo increase of compensation shall be prescribed which
1 shall take effect during the period for which the mem
i bers of the existing House of Representatives may have
' been elected.
See. 8. The membera of each House shall in all cases,
I except treason, felony and breach of the peace, be priv-
I ileged from arrest during the session of their respective
j 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 is elected, hold any office under
, 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 under the State,
which had been created, or the emoluments of which
had been increased during 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 Seuate may
propose and concur with amendments, atutHfeathef'Bills.
Sec. 11. Every Bill which shall have passed the Sen
ate and House of Representatives, in conformity to the
riilea of each House, and the joint rules of the two
, Houses, shall, before it becomes a law, be presented to
CITY of NININGF.It, DAKOTA COUNTY, MINNESOTA TERRITORY, SEPTEMBER 12, 1857.
the Governor of the state. If he approve, he shall sign
and deposit it in the office of the Secretary of State for
preservation, and notify the House where it originated
nf the fact. But if u >t, he shall return it with 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, aud 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 cases the votes of both Houses
shall be determined hy yeas aud nays, and the names of
the persons voting for or against the BiH 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 have been presented to
him, the same shall be a law in like manner as if he
had signed jfc, 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 file 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, aud
the same shall become a law.
Sec. 12. No money shall be appropriated except by
Bill. Every order, resolution or vote requiring theenn-
Burrence 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, aud before the same
shall take effect, shall he approved by him, or being
returned by him with his objections, shall be re-passed
by two-thirds of the members of the two houses, accord
ing to the rules and limitations prescribed iu ease of a
Bill.
Sec. 13. The style of all laws of this state shall be :
“ 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 of impeachment, through a concurrence
of a majority of all the members elected to seats therein:''
All impeachments Hiall he tried by the Senate; and
when mi ting h r that purpose the Senators shall be upon
oath or affirmation to do justice according to law and
evidence. No person shall be convicted .without the
concurrence of two-thirds of the members present.
See. 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. Hi. Two or more members of either house shall
have liberty to dissent aud piotest against any act or
resolution which they may think injurious to the public
or to any individual, au i 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 iu either house of the
Legislature. The Legislature shall prescribe by law the
manner in which evidence in cases of contested seats in
either house shall be taken.
See 18. Each house may punish by imprisonment,
during its session, any » r.->on not a.member, who shall
be guilty of any disorderly or contemptuous behavior in
their presence, but. no such imprisonment shall at any
time exceed tweuty-four 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
See. 20. Every hill shall be 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 shall
be carefully enrolled, and shall be signed by the presid
ing officer of each house.* Any presiding officer refus
ing to sign a bill which shall have previously passed both
houses, shall hereafter be incapable of bolding a seat in
either branch of the Legislative Assembly, or hold any
other office of honor or profit in the State; and in case
of such refusal, each house shall, by rule provide the
tuauner 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
so construed as to preclude the enrollment of a bill, or
the signature anti passage from .one house to the other,
or the reports thereon from 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 their first session after each
enumeration so made, and also at their first session after
each enumeration made by tbe authority of the United
States, the Legislature shall have the power to prescribe
the bounds of Congressional, Senatorial and Represent
ative districts, and to apportion anew the Senators and
Representatives among tbe several districts, according to
the provisions of section second of this article.
Sec. 24. The Senators shall also be chosen by single
districts of couvenient 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
the districts designated by odd numbers, shall go oat 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 tbe second year ;
and thereafter the senators shall be chosen for the term
of two years, except there shall be au entire new elec
tion of all the senators at the election next succeeding
each new apportionment provided for in this artiole.
Sec. 25. Senators and Representatives shall be qnali
fied‘voters of the state, and shall have resided one year
in the state, and sir months immediately preceding the
election in the district from which they are ulected.
See. 2G. Members of the 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 in its title " . _
Sec. 28. Divorces shall not be granted by the Leg
islature.
See. 29. All members mid officers of both branches
of the Legislature shall, Jxd'ore entering upou the duties
of their respective trusts, take and subscribe an iMtjj or
affirmation to support the Constitution of the Untied
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 tbe Legisla
ture, the 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 the sale of lottery tickets.
Art. Fifth. —Executive Department.
See. li* 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 9tate.
Sec. 2. The returns of every election, for the officers
named in the foregoing section shall be made to the
Secretary of State, and by him transmitted to tbe Speak
er of the House of Representatives, who shall cause the
same to he 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 and
Lieutenant Governor shall be two years, and until their
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 tne 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 tbe opinion, in writ
ing, of the principal officers in each of the Executive
Departments, upon any subject relating to the duties of
their 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
skatl # bavc power to appoint Commissioners to take the
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,
lie may on extraordinary occasions convene both houses
Of tbe Legislature. -He eball take care thamthe laws be
faithfully executed, fill any vacancy that, may occur in
the office of Secretary of state, Treasurer, Auditor, At
torney General, and such other State and District offices,
as may be hereafter created by law, until the next an
nual election, ami 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. The
official term of the Auditor shall be three years, and
each shall continue in office until his successor shall have
been elected and qualified. The Governor’s salary for
the first term under this Constitution shall be two thou
sand five hundred 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 ease a vacancy should occur,
from any cause whatever, in tbe office of Governor, he
shall bo Governor during such vacancy. Tbe compen
sation of Lieutenant Governor shall be double the com
peusatiou 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 Mate shall be admitted by Con
gress into the Union, and continue until the first Mon
day in January, 1860, except the Auditor, who shall
continue iu office until the first Mouday in January,
1861, and until their successors shall have been duly
elected and qualified.
Sec. 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.
Sec. 9. Laws shall be passed at tbe first, session of the
Legislature after the Btate is admitted into the Union to
carry out the provisions of this Article,
Article Sixth.—Judicial.
Sec. I. The Judicial power of the state shall be vested
in a Supreme Court, District Courts, Courts of Probate,
Justices of the Peace, aud such other courts, inferior to
the supreme court, as the Legislature 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 caves 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
eacb year, as the Legislature may direct, at the scat 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 Bliall 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 clerk of the supreme court, who shall hokl his office
for the term of three years, aud 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 until an election can be regularly bad.
Sec. 3. The Judges of the supreme couit shall be
electee) by the electors of the state at large, and their
term of office shall be seven years and until their suc
cessors are elected aud 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 be elected,'
and shall reside therein daring bis eoatinnnnoe in office*
Jkc. 6. The Dwtrict Courts shall have original juris
diction in all civil cases, both in law and equity, where 1
: .o' -- wire -TMf aK* •» «-*• t: tads I
the amount in controversy excei'ataE ra all crim
inal cases where the three
months imprisonment or a tine of maqj hun
dred dollars, and shall have suchJMPW|t aptfi
as may be prescribed by law. The m
provide by law that the Judge of one nifty <wj^.
charge the duties of the Judge of any attar EMmi'
not his own, when convenience or the puhKq,
| may require it.
Sec. C. The Judges of the supreme and district-opjucto
1 shall be men learned in the law, and shall receive Mm
| a compensation, at stated times, as may be'prescribed by
| the Legislature, which compensation shall not be diin
j inished during their continuance in office, but they shall
: receive no other fee or reward for their services.
! See. 7. There shall be established in each organized
! county in the state a Probate Court, which shall be a
1 Court of Record, aud be held at such times and places
|as may be prescribed by law. It shall be held by one
| Judge, who shall be elected by the voters of the county,
i for the term of two years. He shall be a resident of
| such county at the time of his election, and reside therein
during his continuance in office, and his compensation
shall be provided by law. He may appoint his own
clerk, where none has been elected, but the Legislature
I may authorize the election, by the electors of any county,
|of one Clerk or Register of Probate for such connty,
I whose powers, duties, term of office and compensation
j shall be prescribed by law. A Probate Court shall have
I jurisdiction over the estates of deceased persons, and
: persons under guardianship, but no other jurisdiction
: except as prescribed by this Constitution.
Sec. 8. The Legislature shall provide for the election
of a sufficient number of Justices of.the Peace iu each
county, whose term of office shall be two years, and
whose duties and compensation shall be prescribed by
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, where 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.
See. 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 tne regular term for
which he was elected, the vacancy shall be 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 contiuuauce in 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 deetued expedient, but no such change
shall vacate the office of any Judge,
§ec. IS. 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 be
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 1 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 in 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 preceding
any election, shall be entitled to vote at such election, in
the election district of which he shall, at the time, have
been for tea 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 npon the subject of
naturalization.
3rd. Persons of mixed white and Indian blood, who
have adopted the customs and habits of civilization. ' 1
4th. Persons of Indian blood residing in this state,
who have adopted the language, customs and habits of
civilization, after an examination before any District
Court of the State, in such a manner as may be provided
by law, and shall have been pronounced by said Court
capable of enjoying the rights of citizenship within the
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, nnless restored
to civil rights, and 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 deeined a resident of
this state in consequence of being 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. ....
Soe. 6. All elections shall be by ballot, exoept fbtf
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
eliinble to any office Which now is. or hereafter shall be,
elective Vf . the people in the district wherein heshall
have resided thirty days previous to such.election; ex
cept as otherwise provided in this Constitution, or the
Constitution find laws of the United States.
Article Eighth.—School Funds, Educationa mi Science,
Sec. 1. The stability of a Republican form of gov
" f‘> lii :Vi-i i.-l * w. -j • ?
’>4stiu Uvht. ■
eminent depending mainly upon the intelligence of the
people, it shall be the duty of the Legislature to estab
lish a general and uniform system of public schools.
Sec. 2. The proceeds of such lands as are or hereafter
sway be granted by the United States for the use of
each township in this state, shall remain
school fund to the state, and not more than
, ql *^ff r T (*{ said lands may be sold in two (2} yean,
rmo MOra (t) m five <5) years, and one-tbird (i) m ten
J )Ut .^ a ds of the greatest valuation
u *° that no portion of said lands
Ml be sold than at nublic sale. The prin
opal of all foods sJL or other disposition
of lands, or other prop!*,, <g«r« entrosted to tbU
state in each township, for Our noscs shall
forever be preserved inyiolgtojjßl
the income arising from the lease j*. -
lauds shall be distributed to the •
throughout the state, in proportion
scholars in each townshin betwe<*n- 1 4hiut§S*4if fisefijjL
twenty-one years, and shall be
specific objects of the original grants feapfMpialM£*4ii
Sec. 3. The Legislature shall make sUlfctyM*Mti|i)(b
by taxation or otherwise, as, with the
from the school fond, will secure a thorough ancMMMfc
system of Public Schools in each township in the
See. 4. The location of the University of Minnesoflk ;
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 Bank* and
Banking.
Sec. 1. All taxes to be raised in shall be
as nearly equal as may be, and all property on*|rhich
taxes are to be levied shall have a cash valuation, aeji
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 rtf ’ th% ‘Stltte for why yesflr 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, chnrch property used for religions
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 banking shall always be 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, bat
such debts shall never in the aggregate exoeed two hun
dred and fifty thousand dollars; every such debt shall
be authorised by law, for some single object to he 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 Legisla
ture, to be recorded by yeas and nays on the Journate-of
each House respectively; and 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 oT 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 thw
state shall devote thereto the avails of such grants, usd
may pledge or appropriate the revenues derived from
sue works in aid of their completion.
Sec. 6. All debts authorised 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 kw>
authorizing such debts; and such bonds shall not be sold
by the state under par. A correct registry of all snch
bonds shall be kept by the Treasurer, in nnmeriosl or
der, so as always to exhibit the number and amount tar
paid, and to whom severally made payable.
Sec. 7. The state shall never contract any pnhiie
debt, unless in time of war, to repel invasion or suppress
insurrection, except in the esses and in the manner pro
vided m the fifth and sixth sections of this Artiste. .
Sec. 8. The money arising from any loan- made or
debt or liability contracted, shall be applied to the eh
ject specified in the act authorizing snch 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. .
See. 10. The credit of the state shall never begiTea
or loaned in aid of any individual, association or corpora
tion.
Sec. 1L There shall he published by the
in at least one newspaper printed at the seat of govern
ment, daring the first week .in January ofeach year,
and in the next volume of the Acts of the Legislature,
detailed statements of all moneys drawn from the Trea
sury daring the proceeding year; for what futypfw,
and to whom paid, and by what law authorised ;ab{d
also of all moneys received, and by wind authority,
from whom. , . . v
Sec. 12. Suitable levs ehdUie pseud W ibs
leturo for the safe keeping, transfer, end folb-wiVlti
of the state and school fond#, pn4 all offipgnt «*4 fjfcff
persons charged^ with the same ’shell b^r^^^^grf*
•V* M .m -}3§s Vhs & iv? Jki * 'SgandaamUim
NUMBER 8.