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amendments, and two-thirds of each house of the next Legislature shall, after such election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitution: provided, that the said proposed amendments shall, at each of the said sessions, have been read on three several days in each house.
ARTICLE VIII. -Slaves. Sec. 1. The Legislature shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, nor without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State: provided, that such slave be the bona fide property of such emigrants: provided, also, that laws shall be passed to inhibit the introduction into this State of slaves who have committed high crimes in other States or Territories. They shall have the right to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to pass laws which will oblige the owners of slaves to treat them with humanity; to provide for them necessary food and clothing; to abstain from all injuries to them extending to life or limb; and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves taken from such owner, and sold for the benefit of such owner or owners. They may pass laws to prevent slaves from being brought into this State as merchandize only.
2. In the prosecution of slaves for crimes of a higher grade than petit larceny, the Legislature shall have no power to deprive them of an impartial trial by a petit jury.
3. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed upon a free white person, and on like proof, except in case of insurrection of such slave.
ARTICLE IX.-Impeachment. Sec. 1. The power of impeachment shall be vested in the House of Representatives.
2. Impeachments of the Governor, Lieutenant-governor, attorney-general, secretary of Statė, treasurer, comptroller, and of the judges of the district courts, shall be tried by the Senate.
3. Impeachments of judges of the Supreme Court shall be tried by the Senate. When sitting as a court of impeachment, the senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the señators present.
4. Ju ent in cases of impeachment shall extend only to removal from office, and disqualification from holding any office of honor, trust or profit, under this State; but the parties convicted shall
, nevertheless, be subject to indictment, trial, and punishment, according to law.
5. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of the duties of their office during the pendency of such impeachment; the appointing power may make a provisional appointment, to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment.
6. The Legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by indictment, or otherwise.
ARTICLE X.-Education. Sec. 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the Legislature of this State to make suitable provision for the support and maintenance of public schools.
2. The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support, by taxation on property; and it shall be the duty of the Legislature to set apart not less than one-tenth of the annual revenue of the State derivable from taxation, as a perpetual fund, which fund shall be appropriated to the support of free public schools; and no law shall ever be made diverting said fund to any other use; and until such time as the Legislature shall provide for the establishment of such schools in the several districts of the State, the fund thus created shall remain as a charge against the State, passed to the credit of the free commonschool fund.
3. All public lands which have been heretofore, or which may hereafter be, granted for public schools, to the various counties, or other political divisions in this state, shall not be alienated in fee, nor disposed of otherwise than by lease, for a térm not exceeding twenty years, in such manner as the Legislature
4. The several counties in this State, which have not receiveå their quantum of lands, for the purposes of education, shall be entitled to the same quantity heretofore appropriated by the Congress of the republic of Texas to other counties.
ARTICLE XI. 1. All certificates for head-right claims to lands issued to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were, null and void from the beginning.
2. The district courts shall be opened until the first day of July, one thousand eight hundred and forty-seven, for the establishment of certificates for head-rights not recommended by the commissioners appointed under the act to detect fraudulent land certificates, and to provide for issuing patents to legal claimants; and the parties suing shall produce the like proof, and be subjected to the requisitions which were necessary and were prescribed by law, to sustain the original application for the said certificates; and all certificates above referred to, not established or sued upon before the period limited, shall be bar
and the said certificates, and all locations and surveys thereon, shall be forever null and void; and all re-locations made on such survey, shall not be disturbed until the certificates are established as above directed.
ARTICLE XII.-Land Office. There shall be one general land office in the State, which shall be at the seat of government, where all titles which have heretofore emanated, or may hereafter emanate, from government, shall be registered. And the Legislature may establish, from time to time, such subordinate offices as they may deem requisite.
The attention of emigrants has been turned, with peculiar interest, towards this new State. It is now settling more rapidly than any other portion of the great West. Iowa formed the territorial government in 1838. In 1844 it adopted a Constitution, and asked to be admitted into the union as an independent State. A law was passed by Congress for that purpose in 1845, which altered the bounds fixed in the Constitution. It was rejected, because it diminished its territory. In 1846 terms were agreed upon, and Iowa became the 29th State in the union.
Area, 150,000 sq. m. Pop. in 1844, 81,920.
ARTICLE I.-Preamble and Boundaries. We, the people of the territory of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of these blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:
Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river, thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri, as established by the Constitution of that State, adopted June 12th, 1820, crosses the said middle of the main channel of the said Des Moines river, thence westwardly, along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersect the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollet's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersect the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river, to the place of beginning.
ARTICLE II.-Bill of Rights. Sec. 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right, at all times, to alter or reform the same, whenever the public good may require it.
3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or for the maintenance of any minister or ministry.
4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.
5. Any citizen of this state who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessary before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.
6. All laws of a general nature shall have a uniform operation.
7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated, and no warrant shall issue, but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized.
9. The right of trial by jury shall remain inviolate; but the General Assembiy may authorize trial by jury of a less number than twelve men in inferior courts.
10. In all criminal prosecutions the accused shall have a right to a speedy trial by an impartial jūry, to be informed of the accusation against him, to be confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel.
11. No person shall be held to answer for a criminal offence, unless on presentment or indictment by a grand jury, except in cases cognizable by justices of
peace, or arising the army or navy, or in the militia when in actual service in time of war or public danger. 12. No person shall, after acquittal, be tried for the same offence. All per
sons shall, before conviction, be bailable by sufficient sureties, except for capi. tal offences, where the proof is evident or the presumption great.
13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion, the public safety require it.
14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.
15. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law.
16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
17. Excessive bail shall not be required. Excessive fines shall not be imposed; and cruel and unusual punishments shall not be inflicted.
18. Private property shall not be taken for public use without just compensation.
19. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.
20. The people have the right freely to assemble together to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.
21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
22. Foreigners who are, or who may hereafter become, residents of this State, shall enjoy the same rights, in respect to the possession, enjoyment, and descent of property, as native-born citizens.
23. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
24. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
ARTICLE III.-Right of Suffrage. Sec. 1. Every white male citizen of the United States, of the age of twentyone years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote'twenty days, shall he entitled to vote at all elections which are now or hereafter may be authorized by law.
2. Électors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.
3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
4. No person in the military, naval, or marine service of the United States, shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place, or station within this State.
5. No idiot or insane person, or persons convicted of any infamous crime, shall be entitled to the privileges of an elector.
6. All elections by the people shall be by ballot.
ARTICLE IV.-Of the Distribution of Powers. The powers of the government of Iowa shall be divided into three separate departments; the Legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.