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ties of Franklin and Warren shall have one senator; the counties of Crawford, Washington and Jefferson shall have one senator; the counties of Gasconade, Osage and Pulaski shall have one senator; and the county of St. Louis shall have three senators.

Sec. VIII. On the first Monday in August, in the year eighteen hundred and forty-seven, there shall be an election held for judges of the circuit court, and for clerks of the circuit and county courts, and every six years thereafter. The judges and clerks shall enter on the duties of their respective offices on the first Monday in January succeeding their election.

Sec. IX. The general assembly shall, at its first session in the present year, make suitable provision for holding elections, making returns, and counting the votes for all officers to be elected under this constitution, prior to the first session of the legislature, to be elected under the same.

Sec. X. So soon as the new constitution shall be declared to be the supreme law of the state, the members of the general assembly, and all other officers who are continued, and who are elected or appointed under the old constitution, shall take an oath to support the new constitution.

Sec. XI. The next session of the general assembly, which is to meet in the year eighteen hundred and forty-six, shall not last more than thirty days.

Sec. XII. Immediately after the ratification of this constitution, the judges of the supreme court shall determine by lot, the times at which they shall severally go out of office, one of whom shall go out on the fourth Monday in November, in the year eighteen hundred and forty-eight, another four years thereafter, and the third eight years after the first; a certificate of which, under the hands of the judges, shall be filed in the office of the secretary of state, on or before the time above directed for the vacation of the office of the first judge, and should the judges neglect to file the same pursuant to the provisions of this section, it shall be the duty of the attorney-general, secretary of state, and auditor of public accounts, immediately after the fourth Monday of November, in the year eighteen hundred and forty-eight, to make such determination by lot for the several judges, and file a certificate

thereof, in the office of the secretary of state. And the governor shall immediately make such appointment, and fill such vacancy pursuant to the provisions of this constitution. Done by the representatives of the people of the state of Missouri,

in convention assembled, at the city of Jefferson, on the fourteenth day of January, in the year of our Lord one thousand eight hundred and forty-six, and of the independence of the United States of America the seventieth.

R. W. WELLS, President,

and Delegate from the county of Cole.

CONSTITUTION FOR THE STATE OF IOWA.

ADOPTED IN CONVENTION, MAY 18, 1846.

ARTICLE FIRST.

Preamble and Boundaries. We, the people of the territory of Iowa, grateful to the Su

preme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those 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 SECOND.

Bill of Rights. 1. All men are by nature free and independent, and have certain unalienable 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 in. competent 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 for ever 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 be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was

may

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 assembly may authorize trial by a 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 jury, 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 the peace, or arising in 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 of fence. All persons shall, before conviction, be bailable by suffi. cient sureties, except for capital 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 evi. dence of two witnesses to the same overt act, or confession in open court.

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