with the state, under the restrictions and limitations in this constitution provided, Sec. 3. The supreme court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo varranto, certiorari, and other original remedial writs; and to hear and determine the same. Sec. 4. The supreme court shall consist of three judgés, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the state. chancellor, before he shall have attained to the age thirty years; nor shall any person continue to exercise the duties of any of said offices after he shall have attained to the age of sixty five years. Sec. 15. The courts respectively shall appoint their clerks, who shall hold their offices during good behavior. For any misdemeanor in office they shall be liable to be tried and removed by the su preme court, in such manner as the general assembly shall by law provide. Sec. 16. Any judge of the supreme court or of the circuit court, or the chancellor, may be remov Sec. 5. The state shall be divided into convenient ed from office on the address of two thirds of each districts, not to exceed four, in each of which the house of the general assembly to the governor for supreme court shall hold two sessions annually, at that purpose; but each house shall state on its resuch place as the general assembly shall appoint;spective journal the cause for which it shall wish and when sitting in either district, it shall exercise the removal of such judge or chancellor, and give jurisdiction over causes originating in that district him notice thereof, and he shall have the right to only; provided however, that the general assembly be heard in his defence in such manner as the ge may, at any time hereafter, direct by law, that the neral assembly shall by law direct; but no judge said court shall be held at one place only. nor chancellor shall be removed in this manner for any cause for which he might have been impeach Sec. 6. The circuit court shall have jurisdiction over all criminal cases which shall not be other-ed. wise provided for by law; and exclusive original ju- Sec. 17. In each county there shall be appointed risdiction in all civil cases which shall not be cog-as many justices of the peace as the public good nizable before justices of the peace, until otherwise may be thought to require. Their powers and dudirected by the general assembly. It shall hold its ties, and their duration in office, shall be regulated terms in such place in each county as may be by by law. law directed. Sec. 7. The state shall be divided into convenient circuits, for each of which a judge shall be appointed, who, after his appointment, shall reside, and be a conservator of the peace within the circuit for which he shall be appointed. Sec. 18. An attorney-general shall be appointed by the governor, by and with the advice and consent of the senate. He shall remain in office four years, and shall perform such duties as shall be required of him by law. Sec. 19. All writs and process shall run, and all Sec. 8. The circuit courts shall exercise a super-prosecutions shall be conducted in the name of the intending control over all such inferior tribunals as state of Missouri," all writs shall be tested by the the general assembly may establish, and over jus- clerk of the court from which they shall be issued, tices of the peace in each county in their respec- and all indictments shall conclude "against the peace tive circuits. and dignity of the state." Sec. 9. The jurisdiction of the court of chancery shall be co-extensive with the state, and the times and places of holding its sessions shall be regulated in the same manner as those of the supreme court. ARTICLE VI. Of education. Sec. 1. Schools, and the means of education, shall forever be encouraged in this state; and the general assembly shall take measures to preserve Sec. 10. The court of chancery shall have origi- from waste or damage such lands as have been, or nal and appellate jurisdiction in all matters of hereafter may be granted by the United States for equit, and a general control over executar, admi- the use of schools within each township in this state, nistrators, guardians and minors, subject to appeal, and shall apply the funds which may arise from in all cases, to the supreme court, under such li- such lands in strict conformity to the object of the mitations as the general assembly may by law pro-graht; and one school, or more, shall be establishod in Cache to wisp as soon as practicable and ne. cessary, where the poor shall be taught gratis. vide. y sual deem it Sec. 11 expedient to establish inferior courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the court of chance ry, in such manner, and under such restrictions, as shall be prescribed by law. Sec. 12. Inferior tribunals shall be established in cach county for the transaction of all county business; for appointing guardians; for granting letters testamentary, and of administration; and for settling the accounts of executors, administrators and guar Sec. 2. The general assembly shall take measures for the improvement of such lands as have been, or hereafter may be, granted by the United States to this state for the support of a seminary of leaning; and the funds accruing from such lands, by rent or lease, or in any other manner, or which may be obtained from any other source, for the purposes aforesaid, shall be and remain a permanent fund to support a university for the promotion of literature, and of the arts and sciences; and it shall be the duty of the general assembly, as soon as Sec. 13. The governor shall nominate, and, by may be, to provide effectual means for the improveand with the advice and consent of the senate, ap-ment and permanent security of the funds and en point the judges of the superior court, the judges dowments of such institution. of the circuit courts, and the chancellor, each of whom shall hold his office during good behavior, and shall receive for his services a compensation Internal improvement shall forever be encourag which shall not be diminished during his continued by the government of this state; and it shall be ance in office, and which shall not be less than two thousand dollars annually. dians. Sec. 14. No person shall be appointed a judge of the supreme court, nor of a circuit court, nor ARTICLE VII. Of internal improvement. the duty of the general assembly, as soon as may be, to make provision by lay for ascertaining the most proper objects of improvement in relation both to roads and navigable waters; and it shall also be their duty to provide by law for a systematic and economical application of the funds appropriated to these objects. ARTICLE VIII. Sec. 3. If the general assembly determine that the four sections of land which may be selected by authority of the first section of this article, be a suitable and proper place for the permanent seat of government, the said commissioners shall lay out a The general assembly may incorporate one bank-town thereon, under the direction of the general ing company, and no more, to be in operation at the same time. The bank to be incorporated may have any num ber of branches, not to exceed five, to be established by law; and not more than one branch shall be established at any one session of the general assembly. The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one half of which shall be reserved for the use of the state. ARTICLE IX. Of the militia. Sec. 1. Field officers and company officers shall be elected by the persons subject to militia duty within their respective command: Brigadiers general shall be elected by the field officers of their respective brigades; and majors general by the brigadiers and field officers of their respective divisions, until otherwise directed by law. Sec. 2. General and field officers shall appoint their officers of the staff. Sec. 3. The governor shall appoint an adjutant general, and all other militia officers, whose ap. pointments are not otherwise provided for in this constitution. ARTICLE X. Of miscellaneous provisions. Sec. 1. The general assembly of this state shall never interfere with the primary disposal of the soil by the United States, nor with any regulation congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands, the property of the United States, nor shall lands belonging to persons residing out of the limits of this state ever be taxed higher than the lands belonging to persons residing within the state. assembly; but if the general assembly deem it most expedient to fix the permanent seat of goverament at the place to be selected by authority of the second section, of this article, they shall so determine, and in that event shall authorize the said commissioners to purchase any quantity of land, not exceeding six hundred and forty acres, which may be necessary for the purpose aforesaid; and the place so selected shall be the permanent seat of government of this state from and after the first day of October, one thousand eight hundred and twenty-six. Sec. 4. The general assembly, in selecting the above-mentioned commissioners, shall choose one from each extreme part of the state, and one from the centre, and it shall require the concurrence of at least three of the commissioners to decide upon any part of the duties assigned them. ARTICLE XII. Mode of amending the constitution. The general assembly may at any time propose such amendments to this constitution as two thirds of each house shall deem expedient, which shall be published in all the newspapers published in this state three several times, at least twelve months before the next general election; and if, at the first session of the general assembly after such general election, two thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid to all intents and purposes as parts of this constitution; provided that such proposed amendments shall be read on three several days, in each house, as well when the same are proposed, as when they are finally ratified. ARTICLE XIII. Declaration of rights. That the general, great and essential principles of liberty and free government may be recognized and established, WE DECLARE, 1. That all political power is vested in, and de[rived from the people: Sec. 2. The state shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said state, so far as the said river shall form a common boundary to the said state, and any other state or states, now, or here. 2. That the people of this state have the inhe after to be formed, and bounded by the same; and rent, sole and exclusive right of regulating the the said river Mississippi, and the navigable rivers internal government and police thereof, and of aland waters leading into the same, whether border-tering and abolishing their constitution and form of ing on or within this state, shall be common high-government whenev it maycha nanessary to their ways, and forever free to the citizens of this state safety and happiness: and of the United States, without any tax, duty, impost or toll therefor imposed by the state. ARTICLE XI. Of the permanent seat of government. Sec. 1. The general assembly, at their first session, shall appoint five commissioners for the pose of selecting a place for the permanent seat of government, whose duty it shall be to select four sections of the land of the United States which shall not have been exposed to public sale. 3. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear arms in defence of pur-themselves and of the state cannot be questioned: 4. That all men have a natural and indefeasi right to worship Almighty God according to dictates of their own consciences; that no man be compelled to erect, support or attend any plac Sec. 2. If the commissioners believe the four of worship, or to maintain any minister of the gce sections of land, so by them to be selected, be not a pel or teacher of religion; that no human authorit suitable and proper situation for the permanent can controul or interfere with the rights of co seat of government, they shall select such other science; that no person can ever be hurt, molest place as they deem most proper for that purpose, or restrained in his religious profession or ser and report the same to the general assembly atments, if he do not disturb others in their religio the time of making their report provided for in the worship: first section of this article; provided, that no place 5. That no person, on account of his religious of shall be selected which is not situated on the bank of the Missouri river, and within forty miles of the mouth of the river Osage. nions, can be rendered ineligible to any office trust or profit under this state; that no preferen can ever be given by law to any seoter mode worship; and that no religious corporation can ever be established in this state: 6. That all elections shall be free and equal: 7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property or character; and that right and justice ought to be administered without sale, denial or delay; and that no private property ought to be taken or applied to public use without just compensation: 8. That the right of trial by jury shall remain inviolate: 9. That, in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusation; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a speedy trial by an impartial jury of the vicinage; that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty or property, but by the judgment of his peers or the law of the land: 10. That no person, after having been once acquitted by a jury, can, for the same offence, be again put in jeopardy of life or limb; but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had, may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of such court: 11. That all persons shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great; and the privi lege of the writ of habeas corpus cannot be suspended, unless when, in cases of rebellion or invasion, the public safety may require it: 12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted: 13. That the people ought to be secure in their persons, papers, houses and effects, from unreasonable searches and seizures; and no warrant to search any place or to seize any person or thing can issue, without describing the place to be searched, or the pers or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation: 14. That no person can, for an indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war danger, or by leave of the court, for op. pression or misdemeanor in office: jury may determine the law and the facts, under the direction of the court: 17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed, nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors, in such manner as may be prescribed by law: 18. That no person who is religiously scrupulous of bearing arms,. can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law, and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regu larly ordained as such, be subject to militia duty, or compelled to bear arms: 19. That all property, subject to taxation, in this state, shall be taxed in proportion to its value: 20. That no title of nobility, hereditary emolument, privilege, or distinction, shall be granted, nor any office created, the duration of which shall be longer than the good behavior of the officer ap pointed to fill the same: 21. That migration from this state cannot be prohibited: 22. That the military is, and in all cases and at all times, shall be in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in 'time of war, but in such manner as may be prescribed by law; nor can any appropria tion for the support of an army be made for a longer period than two years: Schedule. Sec. 1. That no inconvenience may arise from the change of government, we declare that all writs, actions, prosecutions, judgments, claims, and contracts of individuals, and of bodies corporate, shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the territory of Missouri, shall be as valid as if issued in the name of the state. Sec. 2. All laws now in force in the territory of Missouri, which are not repugnant to this constitu. tion, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly. Sec. 3. All fines, penalties, forfeitures, and escheats, accruing to the territory of Missouri, shall accrue to the use of the state. Sec. 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass 15. That treason against the state can consist on- over to and may be prosecuted in the name of the ly in levying war against it, or in adhering to its state; and all bonds executed to the governor of the enemies, giving them aid and comfort; that no per- territory, or to any other officer or court in his offison can be convicted of treason unless on the tes- cial capacity, shall pass over to the governor, or timony of two witnesses to the same overt act, or other proper state authority, and to their succeson his own confession in open court; that no per- sors in office, for the uses therein respectively exson can be attainted of treason or felony by the ge- pressed, and may be sued for and recovered accordheral assembly; that no conviction can work cor-ingly. All criminal prosecutions and penal actions option of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by caSalty there ought to be no forfeiture by reason thereof: 16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and hat every person may freely speak, write and print on any subject, being responsible for the abuse of hat liberty: that, in all prosecutions for libels, the Futh thereof may be given in evidence, and the which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judg ment and execution in the name of the state. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the territory of Missouri, may be commenced in, or transferred to any court of record of the state which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be cominenced in,' or transferred to the court of chancery. Sec. 3. All officers, civil and military, now hold- son who shall have resided within the limits of this ing commissions under authority of the United state five months previous to the adoption of this States, or of the territory of Missouri, shall conti- constitution, and who shall be otherwise qualified nue to hold and exercise their respective offices as prescribed in the fifth section of the third artiuntil they shall be superseded under the authority cle thereof, shall be eligible to the senate of this of the state; and all such officers holding commis.state, any thing in this constitution to the contrary sions under the authority of the territory of Mis-notwithstanding. souri, shall receive the same compensation which Sec. 9. The president of the convention shall they have hitherto received, in proportion to the issue writs of election to the sheriffs of the several time they shall be so employed. counties, or, in case of vacancy, to the coroners, Sec. 6. The first meeting of the general assem- requiring them to cause an election to be held on bly shall be at St. Louis, with power to adjourn to the fourth Monday in August next, for a governor, any other place; and the general assembly, at the a lieutenant governor, a representative in the confirst session thereof, shall fix the seat of government gress of the United States, for the residue of the until the first day of October, eighteen hundred sixteenth congress; a representative for the seand twenty-six; and the first session of the general venteen congress; senators and representatives assembly shall have power to fix the compensation for the general assembly; sheriff's and coroners; of the members thereof, any thing in the constitu- and the returns of all township elections, held in ' tion to the contrary notwithstanding. pursuance thereof, shall be made to the clerks of Sec. 7. Until the first enumeration shall be made, the proper county within five days after the day of as directed in this constitution, the county of How-election; and any person who shall reside within the ard shall be entitled to eight representatives; the limits of this state at the time of the adoption of county of Cooper to four representatives; the coun-this constitution, and who shall be otherwise quality of Montgomery to two representatives; the fied as prescribed in the tenth section of the third county of Lincoln to one representative; the coun-article thereof, shall be deemed a qualified elector, ty of Pike to two representatives; the county of any thing in this constitution to the contrary notSt. Charles to three representatives; the county of withstanding. St. Louis to six representatives; the county of Sec. 10. The elections shall be conducted accordFranklin to two representatives; the county of Jef.ing to the existing laws of the Missouri territory. ferson to one representative; the county of Wash-The clerks of the circuits courts of the several ington to two representatives; the county of Ste. counties shall certify the returns of the election of Genevieve to four representatives; the county of governor and lieutenant governor, and transmit the Cape Girardeau to four representatives; the county same to the speaker of the house of representaof New Madrid to two representatives; the county tives at the temporary seat of government, in such of Madison to one representative; the county of time that they may be received on the third Monday Wayne to one representative; and that part of the of September next. As soon as the general assemcounty of St. Lawrence situated within this state, bly shall be organized, the speaker of the house of shall attach to, and form part of the county of representatives and the president, pro tempore, of Wayne until otherwise provided by law; and the the senate, shall, in the presence of both houses, sheriff of the county of Wayne shall appoint the examine the returns, and declare who are duly judges of the first election, and the place of hold-elected to fill those offices; and if any two or more ing the same, in the part thus attached; and any persons shall have an equal number of votes, and a person who shall have resided within the limits of higher number than any other person, the general this state five months previous to the adoption of assembly shall determine the election in the manner this constitution, and who shall be otherwise quali-herein provided; and the returns of the election fied as prescribed in the third section of the third for member of congress shall be made to the secrearticle thereof, shall be eligible to the house of re-tary of state within thirty days after the day of presentatives, any thing in this constitution to the election. contrary notwithstanding. Sec. 11. The oaths of office herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct. Sec. 12. Until a seal of state be provided, the DAVID BARTON, President of the convention, and representative from the county of St. Louis. From the county of Cape Girardeau. Joseph M'Ferron Sec. 8. For the first election of senators, the state shall be divided into districts, and the apportionIment shall be as follows, that is to say: the counties of Howard and Cooper shall compose one district, and elect four senators; the counties of Montgo-governor may use his private seal. mery and Franklin shall compose one district, and elect one senator; the county of St. Charles shall compose one district, and elect one senator; the counties of Lincoln and Pike shall compose one district, and elect one senator; the county of St. Louis shall compose one district, and elect two senators; the counties of Washington and Jefferson shall composé one district, and elect one senator; the county of Ste. Genevieve shall compose one district, and elect one senator; the counties of Madison and Wayne shall compose one district, and elect one senator; the counties of Cape Girardeau and New Madrid shall compose one district, and elect two senators; and in all cases where a senato-Nicholas S. Burckhartt Benjamin H. Reeves, rial district consists of more than one county, it Jonathan Smith Findlay John Ray.. Stephen Byrd Richard S. Thomas. From the county of Cooper. Robert P. Clark shall be the duty of the clerk of the county second Duff Green named in that district to certify the returns of the senatorial election within their proper county, to the clerk of the county first named, within five days after he shall have received the same; and any per From the county of Franklin. John G. Heath. From the county of Jefferson. S. Hammond. Declaring the assent of the people of the state of Missouri, by their representatives in convention assembled, to certain conditions and provisions in the act of congress of the sixth of March, one thousand eight hundred and twenty, entitled "An act to authorize the people of Missouri territory to form a consti tution and state government, and for the admission of such state into the union on an equal footing with the original states, and to prohibit slavery in certain territories." than ten years, without the consent of congress: "Third, That five per cent. of the nett proceeds of the sale of lands lying within the said territory or state, and which shall be sold by congress from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within the state, under the direction of the legislature thereof, and the other two-fifths in defraying, under the direction of congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state: "Fourth, That four entire sections of land be, and the same are hereby granted to the said state for the purpose of fixing their seat of government thereon; which said sections shall, under the direction of the legislature of said state, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States; Provided, that such location shall be made prior to the public sale of the lands of the United States surrounding such location: "Fifth, That thirty-six sections, or one entire township, which shall be designated by the president of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of said state, to be appropriated solely for the use of such seminary by the legislature:" Now, THIS CONVENTION, for and in behalf of the people inhabiting this state, and by the authority of the said people, no ACCEPT the five before recited propositions, offered by the act of congress under which they are assembled; and, in pursuance of the Whereas the act of congress of the United States conditions, requisitions, and other provisions in the of America, approved March the sixth, one thou- before recited act of congress contained, this consand eight hundred and twenty, entitled "An act vention, for and in behalf of the people inhabiting to authorize the people of Missouri territory to form this state, DO ORDAIN, AGREE and DECLARE that every a constitution and state government, and for the and each tract of land sold by the United States, admission of such state into the union on an equal from and after the first day of January next, shall footing with the original states, and to prohibit sla- remain exempt from any tax laid by order, or under very in certain territories," contains certain requi- the authority of the state, whether for state, county sitions and provisions, and, among other things, has or township, or any other purpose whatever, for offered to this convention, when formed, for and in the term of five years from and after the respective behalf of the people inhabiting this state, for their days of sale thereof; and that the bounty lands free acceptance or rejection, the five following pro-granted, or hereafter to be granted, for military positions, and which, if accepted by this convention services, during the late war, shall, while they conin behalf of the people as aforesaid, are to be obli- tinue to be held by the patentees or their heirs, regatory on the United States, viz: main exempt as aforesaid from taxation for the term "First, That section numbered sixteen in every of three years from and after the date of the patents township, and when such section has been sold respectively; provided, nevertheless, that if the or otherwise disposed of, other lands equivalent congress of the United States shall consent to repeal thereto, and as contiguous as may be, shall be and revoke the following clause in the fifth propogranted to the state for the use of the inhabi-sition of the sixth section of the act of congress betants of such township for the use of schools: fore recited, and in these words, viz: "That every "Second, That all salt springs, not exceeding twelve and each tract of land sold by the United States in number, with six sections of land adjoining to from and after the first day of January next, shall each, shall be granted to the said state for the reman exempt from any tax laid by order, or under use of said state, the same to be selected by the the authority of the state, whether for state, county legislature of said state on or before the first day or township, or any other purpose whatever, for the of January,in the year one thousand eight hundred term of five years from and after the day of sale, and and twenty-five, and the same when so selected, further"-that this convention, for and in behalf of to be used under such terms, conditions and re-the people of the state of Missouri, do hereby orgulations as the legislature of said state shall di-dain, consent and agree, that the same be so revoked rect; Provided, that no salt spring, the right where and repealed, without which consent of the conof now is, or hereafter shall be confirmed or ad-gress as aforesaid, the said clause to remain in full judged to any individual or individuals, shall by force and operation as first above provided for in this section be granted to said state; and provided this ordinance: and this convention doth hereby also, that the legislature shall never sell or lease request the congress of the United States so to the same, at any one time, for a longer period modify their third proposition, that the whole |