liberty and property; do ordain and establish the following CON STITUTION and form of government, and do mutually agree with each other to form ourselves into a free and independent state, by, the name of the State of Mississippi. to the various modes which he devised for subma-, to enable the people of the western part of the Mississippi Territory rine attack, and for transfering a large portion of of such state into the Union on an equal footing with the original to form a constitution and state government, and for the admission paval warfare beneath the surface of the ocean.-states;" in order to secure to the citizens thereof the rights of life, We are told by Mr. Colden that the steam frigate, that imposing if not effective engine of war, owes its origin to these experiments, although it is not apparently connected with them. The untimely death of Mr. Fulton; the cessation of the war; and the imperfections inseparable from the infancy of all improvements, may have prevented the full develope-equal in rights; and that no man or set of meu, are entitled to ex ment of the powers which, perhaps, this invention is hereafter destined to display. The occasion and manner of Mr. Fulton's death s thus related. ARTICLE I-DECLARATION OF RIGHTS. clusive, separate public emoluments or privileges, from the comint- Sec. 2. That all political power is inherent in the people, and all their benefit; and therefore they have at all times an unalienable free governments are founded on their authority and instituted for and indefeasible right to alter, or abolish their form of government, In January, eighteen hundred and fifteen, Mr.in such manner as they may think expedient John Livingston, who owned the steam-boat which plyed between New York and New-Jersey, but which was stopped by the operation of the Jersey laws, petitioned the legislature of that state for their repeal. After hearing witnesses and counsel for several days, the laws were rescinded. It was upon this occasion Mr. Fulton was examined as a witness as we have before stated.-The weather, while he was at Trenton, where he was much exposed in attending the hall of the legislature, was uncommonly cold. When he was crossing the Hudson to return to his house and family, the river was very full of ice, which occasioned his being several hours on the water in very severe day. Mr Fulton had not a constitution to encounter such exposure, and upon his return found himself much indisposed from the effects of it. He had at that time great anxiety about the steam-frigate, and, after confining himself for a few days, when he was convalescent, he went to give his superintendence to the artificers employed about her; he forgot his debilitated state of health in the interest he took in what was doing on the frigate, and was along time, in a bad day, exposed to the weather on her decks. He soon found the effects of this imprudence. His indisposition returned upon him with such violence as to confine him to his bed; his disorder increased, and on the tweny-fourth day or February, eighteen hundred and fifteen, terminated his valuable life. Sec. 3. The exercise and enjoyment of religions profession and worship, without discrimination, shall forever be free to all persons in this state: provided, that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or jus tify practices, inconsistent with the peace and safety of this State. Sec. 4. No preference shall ever be given by law to any religious sect, or mode of worship. Sec. 5. That no person shall be molested for his opinions on any subject whatever, nor suffer any civil or political incapacity, or ac Sec. 7. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. Sec. 8. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to deter nine the law and the facts under the direction of the Court. As soon as the legislature, which was then in session at Albany, heard of the death of Mr. Fulton, they expressed their participation in the general sentiment, by resolving that the members of both houses should wear mourning for some weeks. Sec. 9. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches; and things. shall issue without describing them, as nearly as may be, nor that no warrant to search any place, or to seize any person or without probable cause supported by oath, or affirmation. right to be heard by himself and counsel, and to demand the nature Sec. 10. That in all criminal prosecutions, the accused hath a and the cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in speedy public trial by an impartial jury of the County; that he can his favour and in all prosecutions by indictment or information, a not be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, but by due course of law. cept in cases ascertained by law, and according to the forms which Sec. 11. No person shall be accused, arrested or detained, exthe same has prescribed; and no person shall be punished but in vir tue of a law established and promulgated prior to the offence, and legally applied. Sec. 12. That no person shall for any indictable offence, be proceeded against criminally by information except in cases arising in the land or naval forces, or the militia when in actual service, or by leave of the court, for misdemeanor in office. Sec. 13. No person shall for the same offence be twice put in jeopardy of life or limb; nor shall any person's property be taken of and without just compensation being made therefor. applied to public use, without the consent of his representatives, Sec. 14. That all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Sec. 15. That no power of suspending laws shall be exercised, Sec. 17. That all prisoners shall, before conviction, be bailable It will appear from the above slight sketch of the life of this valuable citizen, that the three great sub. jects of his attention and efforts, were the improve-except by the Legislature, or its authority. ment in the art of making canals, sub-marine warfare, fines imposed, nor cruel punishments inflicted. and steam navigation. In relation to the first, we by sufficient securities, except for capital offences, when the proof are not aware that he has effected much; in the seis evident or the presumption great; and the privilege of the writ cond, he has displayed great talent and wonderful of habeas corpus shall not be suspended unless, when in case of reindustry, the effects and utility of which time is bellion or invasion, the public safety may require it. Sec. 18. That the person of a debtor, where there is not strong hereafter to develope; and in the third he has done presumption of fraud, shall not be detained in prison, after deliverwhat should make his country proud, and the worlding up his estate for the benefit of his creditors, in such manner as grateful. shall be prescribed by law. Sec. 19. That no ex post facto law, nor law impairing the obligation of a contract shall be made. Sec. 20. That no person shall be attainted of treason or felony Constitution-State of Mississippi. by the Legislature. We, the Representatives of the people, inbabiting the western part of the Mississippi territory contained within the following limits, to wit: Beginning on the river Mississippi at the point where the southern boundary line of the state of Tennessee strikes the same; thence east along the said boundary line to the Tennessee river; thence up the same to the mouth of Bear creek; thence by a direct line to the northwest corner of the conuty of Washington; thence! due south to the Gulf of Mexico; thence westwardly, including all isiands within six leagues of the shore, to the most eastern junction of Pearl river with lake Borgne; thence up the said river to the thirty-first degree of north latitude; thence west along the said degree of latitude to the Mississippi river; thence up the same to the beginning: a senibled in convention at the town of Washington, on Monday the seventh day of July, one thousand eight hundred and yenteen, in pursuance of an act of congress entitled "An a to Sec. 21. That the estates of suicides shall descend or vest as in cases of natural death; and it any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Sec. 22. That the citizens have a right in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of governmeut, for redress of grievances, or other proper purposes, by petition, address or remonstrance. Sec. 23. Every citizen has a right to bear arms in defence of himself and the State. Sec. 24. No standing army shall be kept up without the consent of the Legislature, and the military shall in all cases, and at all times, be in strict subordination to the civil power. Sec. 25. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, buṛ in a manner to be prescribed by law. Sec. 26. That no hereditary emoluments, privileges, or honors | bitants in each, and shall never be less than one-fourth, nor more than shall ever be granted or conferred in this State. one-third of the whole number of representatives. Sec. 27. No citizen of this State shall be exiled, or prevented from emigrating, on any pretence whatever. Sec. 28. The right of trial by Jury shall remain inviolate. CONCLUSION. Sec. 11. The senators shall be chosen by the qualified electors, for three years, and on their being convened in consequence of the first election, they shall be divided by lot from their respective districts, into three classes, as nearly equal as can be. The seats of the sen tributors of the first class shall be wacated at the expiration of the first year, and of the second class, at the expiration of the second year, avd of the third class, at the expiration of the third year, so that one-third thereof may be annually chosen thereafter. To guard against transgressious of the high powers herein delegated, WE DECLARE, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate and that all laws contrary thereto, or to the following pro-in each class. visions shall be void. ARTICLE IL-DISTRIBUTION OF POWERS. Sec. 1. The powers of the Government of the state of Mississippi shall be divided into three distinct departments, and each af them be confided to a separate body of MAGISTRACY, to wit: those which are legislative to one, those which are executive to an other, and those which are judicial to another. Sec. 2. No person or collection of persons, being of one of those departments, shall exercise any power, properly belonging to either of the others, except in the instances hereinafter expressly directed permitted. Sec. 12. Such mode of classifying new additional senators, shall be observed as will, as nearly as possible, preserve an equalityof numbers Sec. 13. When a senatorial district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another distrtet; and no county shall be divided in forming a dis trict. Sec. 14. No person shall be a senator, unless he be a citizen of the United States, and shall have been an inhabitant of this state four years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained to the age of twenty-six years; and also, unless he shall hold, in his own right, withinthe state, three hundred acres of land, or an interest in real estate of the value of one thousand dellars, at the time of his elec tion, and for six months previous thereto. Sec. 15. The House of Representatives when assembled, shall choose a speaker, and its other officers: and the Senate shall choose qualifications and elections of its own members, but a contested elec tion shall be deterioined in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. ARTICLE III-LEGISLATIVE DEPARTMENT. Sec. 1. Every free white male person of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in this State one year next preceeding an elec.its officers, except the president, and each house shall judge of the tion, and the last six months within the County, City or Town in which he offers to vote, and shall be enrolled in the militia thereof, cept exempted by law from military service; or having the afore sid qualifications of citizenship and residence, shall have paid a State, or County tax, shall be deemed a qualified elector: no elee tor shall be entitled to vote, except in the County, City or Town, entitled to separate representation, in which he may reside at the time of the election, Sec. 2. Electors shall, in all cases, except in those of treason, felony, or breach of the peace, be privileged from arrest, during their attendance at elections, and in going to, and returning from the same. a Sec. 16. Each house may determine the rules of its own proceedings, punish members for disorderly behaviour, and with the consent of two thirds, expel à member, but not a second time for the sume cause, and shall have all other powers necessary for a branch of the legislature of a free and independent state. Sec. 17. Each house shall keep a journal of its proceedings, and Sec. 3. The first election shall be by ballot, and all future elec-publish the same, excepting such parts as in its judgment may re tions by the people, shall be regulated by law. Sec. 4. The legislative power of this State, shall be vested in two distinct branches, the one to be styled the Senate, the other the House of Representatives, and both together "The General Assembly of the State of Mississippi." And the style of their laws shall be "Be it enacted by the Scuate and House of Representatives of the State of Mississippi in General Assembly convened." Sec. 5. The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of one year, from the day of the commencement of the general election and no longer. Sec. 6. The Representatives shall be chosen every year, on the first Monday and the day following in August. quire secrecy: and the yeas and nays of the members of either house, on any question shall at the desire of any three members present, be entered on the journals. Sec. 18. When vacancies happen in either house, the governor, or the person exercising the powers of the governor, shall be writs of election to fill such vacancies which they may be sitting. Sec. 19. Senators and representatives shall in all cases, except of trea son, felony, or breach of the peace, be privileged from arrest, during the session of the general assembly, and in going to and returning from the same, allowing one day for every twenty miles such inenbers may reside from the place at which the general assembly is covened. Sec. 20. Each house may punish by imprisonment, during the ses Sec. 7. No person shall be a representative unless he be a citizension, any person not a member, for disrespectful or disorderly beha of the United States, and shall have been an inhabitant of this state viour in its presence, or for obstructing any of its proceedings Pro two years next preceding his election, and the last year thereof a re-vided such imprisonment shall met, at any one time, exceed forty sident of the county, city or town, for which he shall be chosen, and eight hours. thall have attained to the age of twenty-two years; and also, unless he Sec. 21. The doors of each house shall be open, except on such oc shall hold in his own right, within this state, one hundred and fifty casions as, in the opinion of the house, may require secrecy. acres of land, or an interest in real estate of the value of five hundred Sec. 28. Neither house shall, without the consent of the other addollars, at the time of his election, and for six months previous thereto.journ for more than three days, nor to any other place than that in Sec. 8. Elections for representatives for the several counties, shall be held at the places of holding their respective courts, or in the seve ral election districts into which the legislature may divide any county: Provided, That when it shall appear to the legislature, that any city or town hath a number of free white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation ac cording to the number of free white inhabitants therein, which shall be retained so long as such city or town shall contain a number of free white inhabitants equal to the existing ratio, and thereafter and during the existence of the right of separate representation in such city or town, elections for the county in which such city or town en titled to a separate representation is situated, shall not be held in such city or town. And provided: That if the residuum er fraction of any city or town entitled to separate representation shall when added to the residuum in the county in which it may lie, be equal to the ratio fixed by law, for one representative, than the aforesaid county, city, or town, having the largest residuum shall be entitled to such repre-made. sentation-And provided also, That when there are two or more coun- Sec. 26. No senator or representative shall, during the term for ties adjoining, which have residuums over and above the ratio then which he shall have been elected, nor for one year thereafter, be apfised by law, if said residuams, when added together, will amount to pointed to any civil office of profit under this state, which shall have such ratio, in that case one representative shall be added to that coun-been created, or the emoluments of which shall have been increased, ty having the largest residuum. Sec. 23. Bills may originate in either house, and be amended, alter ed or rejected by the other, but no bill skall have the force of a law until on three several days, it be read in each house, and free discus, sion be allowed thereon, unless in cases of urgency, four-fifths of the house in which the bill shall be depending, may deem it expedient to dispense with this rule; and every bill having passed both houses, shall be signed by the speaker and president of their respective houses. Sec. 24. All bills for raising revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills. Sec. 25. Each member of the general assembly shall receive from the public treasury, a compensation for his services, which may be increased or diminished by law: but ne increase of compensation shall take effect during the session at which such increase shall have ben during such term: except such offices as may be filled by elections by the people, and no member of either house of the general assembly shall, after the commencement of the first session of the legislature, after bis election, and during the remainder of the term for which he is elected, be eligible to any office or place, the appointment to which may be made in a whole or in any part by either branch of the gene Sec. 9. The General Assembly shall, at their first meeting, and in the year one thousand eight hundred and twenty, fand in not less than every three, not more than every five years thereafter, cause an enumeration to be made of all the free white inhabitants of the state; and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the general assembly, and ap-ra! assembly. portioned among the several connties, cities, or towns, entitled to separate representation, according to the number of free white inhabitants in each, and shall not be less than twenty-four, nor greater than thirty-six, until the number of free white inhabitants shall be eighty thousand; and after that event, at such ratio, that the whole number of representatives thall never be less than thirty-six, nor more than one hundred: provided however, That each county shall always be entitled to at least one representative. Sec. 27. No judge of any court of law or equity, sceretary of state, attorney general, clerk of any court of record, sheriff or collector, or any person holding a lucrative office under the United States (the of fice of post-master excepted) or this state, shall be eligible to the ger eral assembly: Provided, that offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or of the quorum, shall not be deemed lucrative. Sec. 28. No person who hath heretofore been, or hereafter may be. a collector or holder of publie monies, shall have a seat in either house of the general assembly, until such person shall have accounted for, and paid into the treasury, all suns for which he may be account. Sec. 10. The whole number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the gene ral assembly, and apportioned among the several districts to be esta blished by law, according to the number of free white taxable intra-able. Sec. 29. The first election for senators and representatives shall be general throughout the state, and shall be held on the first Monday and Tuesday in September next: and thereafter, there shall be an annual election for senators to fill the places of those whose term of fervice may have expired. Sec. 30. The first session of the general assembly shall commence on the first Monday in October next, and be held at the city of Nate chez, and thereafter at such place as may be directed by law and thereafter the general assembly shall meet on the first Monday in November in every year and at no other period, unless dieected by law, or provided for by this constitution, ARTICLE IV.-EXECUTIVE DEPARTMENT. Sec. 1. The supreme executive power of this state shall be vested in a governor, who shall be elected by the qualified electors, and shall hold his office for two years from the time of his installation, and until his successor be duly qualified. the public Journal of each house, Provided, that the General As sembly be authorised to p ovide by law for the appointment of all iu. spectors, collectors and their deputies, surveyors of high ways, constables and such other inferior officers, whose jurisdiction may be confined within the limits of the county. Sec. 18. There shall also be a lieutenant-governor, who shall be chosen at every election for a governor, by the same persons, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant gov emor, the electors shall distinguish whom they vote for as governor and whom as lieutenant-governor. Sec. 19. The lieutenant-governor shall by virtue of his office be president of the senate, and have, when in committee of the whole a right to debate and vote on all questions, and when the senate is equally divided, to give the casting vote. Sec. 20. In case of the death, resignation, refusal to serve, or re. Sec. 2. The returns of every election for governor, shall be sealed moval from office of the governor, or of his impeachment or absence up and transmitted to the seat of government, directed to the secre- from the state, the lieutenant-governor shall exercise the powers and tary of state, who shall deliver them to the speaker of the house of re-authority appertaining to the office of Governor, until another be presentatives, at the next ensuing session of the general assembly, chosen at the next periodical election for a Governor, and be duly during the first week of which session, the speaker shall open and qualified, or until the governor impeached or absent, shall be acquit publish them in the presence of both houses of the general assembly.ted or return. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governo by the joint ballot of both houses. Sec. 21. Whenever the government shall be administered by the lieutenant-Governor, or he shall be unable to at end as president of the senate, the senate shall elect one of their own members as presi dent pro tempore, Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. And if during the vacancy of the office of Governor, the Lieuten Sec. 3. The governor shall be at least thirty years of age, shall have ant-Governor shall die, resign, refuse to serve, or be removed from been a citizen of the United States for twenty years, shall bave resi- office, or if he shall be impeached or absent from the state, the preded in this State at least five years next preceding the day of his elec-sident of the senate pro tempore, shall in like manner administer tion, and shall be seized in his own right of six hundred acres of land, the government, until he shall be superceded by a Governor or Lieu or of real estate of the value of two thousand dollars at the time of his tenant-Governor. The Lieutenant-Governor shall, whilst he acts election, and twelve months previous thereto. as president of the senate, receive for his services the same comSec. 4. He shall at stated times receive a compensation for his ser-pensation, which shall, for the same period, be allowed to the speak vices, which shall not be increased or diminished during the term for which he shall have been elected, Sec. 5. He shall be commander in chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. Sec. 6. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices. Sec. 7. He may, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement be tween the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyoud the day of the next annual meeting of the general assembly. Sec. 8. He shall, from time to time, give to the general assembly, information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. Sec. 9. He shall take care that the laws be faithfully executed. Sec. 10. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason he shall have pow er to grant reprieves and pardons by and with the advice and consent of the senate, but may respite the sentence until the end of the next session of the general assembly. Sec. 11. All commissions shall be in the name and by the authority of the state of Mississippi, be sealed with the state seal, and signed by the governor, and attested by the secretary of state. Sec. 12. There shall be a seal of the state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Mississippi. Sec. 13. When a vacancy shall happen in any office, during the recess of the general assembly, the governor shall have power to fill the same by granting a commission which shall expire at the end of the next session of the general assembly, except in cases otherwise directed by the constitution. Sec. 14. A secretary of state shall he appointed, who shall con tinue in office, during the term of two years. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same and all papers, minutes, and vouchers, relative thereto, before the general assembly, and shall perform such other duties as may be required of him by law. Sec. 15. Every bill which shall have passed both houses of the General Assembly, shall be presented to the governor; if he approve, he shall sign it, but if not, he shall return it, with his objections to the house, in which it shall have originated, who shall enter the ob jections at large upon the Journals, and proceed to reconsider it, if after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house by which it shall likewise be reconsidered; if approved by two thirds of that house, it shall become a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill, shall be entered on the Jour nals of each house respectively. If any bill shall not be returned by the governor within six 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 it, piess the General Assembly by their adjournment, prevent its return, in which case it shall not be a law. Sec. 16. Every order, resolution or vote to which the concurrence! of both houses may be necessary, except on questions of adjourn ment, shall be presented to the Governor, and before it shall take ef feet, be approved by him, or being disapproved, shall be repassed by both hanses, according to the rules and imitations prescribed in the case of a bill. Sce. 17. The appointment of all officers not otherwise directed by this constitution, shall be by the joint vote of both houses of the Gepal Asserably, the votes shall be given tiva doce, and recorded in er of the house of representatives, and no more; and during the time he administers the government as Governor, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office, and no more. Sec. 22. The president pro tempore of the senate shall, during the time he administers the government receive, in like mamer, the same compensation which the Governor would have received, had he been employed in the duties of his office, and no more. Sec. 23. If the Lieutenant-Governor shall be required to adminis ter the government, and shall, whilst in such adiniustration, die, re sign, or be absent from the state, during the recess of the general Assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a president pro tempore. Sec. 24. A sheriff and one or more coroners shall be elected in each county, by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed. Sec. 25. A state Treasurer and an Auditor of public accounts shall be annually appointed. MILITIA. Sec. 1. The General Assembly shall provide by law, for organizing and disciplining the Militia of this state in such a manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto. Sec. 2. Officers of the Militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the Governor. Sec. 3. Those persons who conscientiously scruple to bear arms shall be not compelled to do so, but shall pay an equivalent for per sonal service. Sec. 4. The Governor shall have power to call forth the Militia to execute the laws of the state, to repress insurrections, aud repel invasions. ARTICLE V. JUDICIAL DEPARTMENT. Sec. 1. The judicial power of this state shall be vested in one supreme court, and such superior and inferior courts of law and equity as the legislature may from time to time direct and establish. Sec, 2. There shall be appointed in this state not less than four, nor more than eight Judges of the supreme and superior courts, who shall receive for their services a compensation, which shall not be diminished during their continuance in office: Provided, That the Judge whose decision is under consideration in the Supreme Court shall not constitute one of the Court to determine the question on such decision, but it shall be the duty of such Judge to report to the Supreme Court the reasons upon which his opinion was founded. Sec. 3. The state shall be divided into convenient districts, and each district shall contain not less than three nor more than six counties. For each district there shall be appointed a Judge who shall after his appointment, reside in the district for which he is appointed. Sec. 4. The superior court shall have original jurisdiction in all matters, civil and criminal within this state, but in civil cases, only where the matter or sum in controversy exceeds fifty dollars. Sec. 5. A superior court shall be held in each county in the state at least twice in every year. The Judges of the several superior courts may hold courts for each other, when they may deem it expa dient, or as they may be directed by law. Sec. 6. The legislature shall have power to establish a court or courts of Chancery with exclusive original equity, jurisdiction, and until the establishment of such court or courts, the said jurisdiction shall be vested in the superior courts respectively. Sec. 7. The legislature shall have power to establish in each coun ty, within this state, a court of Probate, for the granting of letters testamentary, and of administration for orphan's business, for coun ty police, and for the trial of slaves, Sec. 8. A competent number of Justices of the Peace shall be ap pointed in and for each county, in such mode, and for such term of office, as the legislature shall direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in coutroversy shall not exceed fifty dollars. And in all cases tried by a Justice of the Peace, right of appeal shall be secured, under such rules and regulations as shall be prescribed by law Sec. 10. The General Assembly shall pass nojlaw impairing the obligation of contracts, prior to the year one thousand eight hun dred and twenty-one, on account of the rate of Interest, fairly agreed on in writing between the contracting parties for a bona fide loan of money; but they shall have power to regulate the rate of Interest where no special contract exists in relation thereto. Sec. 11. The General Assembly shall direct by law, in what manner, and in what Courts, suits may be brought against the State. Sec. 12. All officers of the State, the term of whose appointment is not otherwise directed by this Constitution, shall hold their of fices during good behaviour. Sec. 13. Absence on business of this State, or of the United Sec. 9. The Judges of the several courts of this state, shall hold their offices during good behaviour. And for wilful neglect of duty or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two thirds of each house of the General Assembly, Provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and on the jour-States, or on a visit, or necessary private business, shall not cause nals o tach house, and provided further, that the Judge so intended to be removed, shall be notified and admitted to a hearing in his own defence, before any vote for such address shall pass. See 10. No person who shall have arrived at the age of sixty-five years, shall be appointed to, or continue in the office of Judge in this state. Sec. 11. Each court shall appoint its own clerk, who shall hold his office during good behaviour, but shall be removeable therefrom for neglect of duty or misdemeanour in office, by the supreme court. which court shall determine both the law and the fact. Provided, that the clerk so appointed shall have been a resident of the county in which he is a clerk at least six months previous to his appoint ment. Sec. 12. The Judges of the supreme and superior courts shall, by virtue of their office, be conservators of the peace throughout the state. Sec. 13. The style of all process shall be The state of Missippi," and all prosecutions shall be carried on in the name and by the authority of the State of Mississipi," and shall conclude "against the place and dignity of the same, Sec. 14 There shall be an Attorney General for the state, and as many district Attornies as the General Assembly shall deem necessary. who shall hold their offices for the term of four years, and sha receive for their services a compensation which shall not be diminished during their continuanes in office. IMPEACHMENTS. Sec. 1. The House of Representatives shall have the sole power of impeaching. Sec. 2. All impeachments shall be tried by the senate. When sit ting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two thirds of the members present. Sec. 3. The Governor and all civil officers, shall be liable to im. peachment for any misdemeanour in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honour, trust or profit under the state, but the party convicted shall nevertheless be liable and subject to indictment, trial and punishment, according to law as in other cases. ARTICLE VI. GENERAL PROVISIONS. Sec. 1. Members of the General Assembly, and all officers executive and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit, "I so Jemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Mississippi, so long as I continue a citizen thereof, and that I will faithfully discharge to the best of my abilities, the duties of the office of -according to law, So help me God a forfeiture of a residence once obtained. Sec. 14. It shall be the duty of the General Assembly to regulate by law, the cases in which deductions shall be made from the salarics of public officers for neglect of duty in their official capacity, and the amount of such deduction. Sec. 15. No member of Congress, nor any person holding any office of profit or trust under the United States, or either of them, the office of Post-Master excepted, or under any foreign power, shall hold or exercise any office of trust or profit under this State. Sect. 16. Religion, morality, and knowledge, being necessary to good government, the preservation of liberty, and the happiness of mankind, schools, and the means of education shall forever be encouraged in this State. Sec. 17. Divorces from the Bonds of Matrimony shall not be granted, but in cases provided for by law, by suit in Chancery; provided that no decree for such divorce shall have effect until the same shall be sanctioned by two thirds of both branches of the General Assembly. Sec. 18. Returns of all elections by the people shall be made to the Secretary of State. Sec. 19. No new County shall be established by the General Assembly, which shall reduce the County or Counties, or either of them, from which it may be taken, to a less content than five ban dred and seventysix square miles, nor shall any new County be laid off, of less contents. Sec. 20. That the General Assembly shall take measures to preserve from unnecessary waste or damage such lands as are, or may hereafter be granted by the United States, for the use of schools, within each Township in this state, and apply the funds which may be raised from such lands, by rent or lease, in strict conformity to the object of such grant, but no lands, granted for the use of such Township schools, shall ever be sold by any authority in this State. SLAVES. Seo. 1 The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, unless where a slave shall have rendered to the State some distin guished service, in which ease the owner shall be paid a full equiv alent for the slave so emancipated. They shall have no power to sons as are deemed slaves by the laws of any one of the U. States, so prevent emigrants to this State, from bringing with them such per long as any person of the same age or description shall be continued in slavery by the laws of this State: provided, that such person, or slave, be the bona fide property of such emigrants; and provided, also, that laws may be passed to prohibit the introduction into the State of slaves who have committed high crimes in other States. They shall have power to pass laws to permit the owners of slaves Sec. 2. The General Assembly shall have power to pass such pethein from becoming a public charge. They shall have full pow to emancipate them, saving the rights of creditors, and preventing nal laws to suppress the evil practice of duelling, extending to dis-er to prevent slaves from being brought into this State as mer qualification from office, or the tenure thereof, as they may deem chandize-and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provisions, 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 sold for the benefit of the owner or owners. expedient. Sec. 3. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnessess to the same overt act, or his own confession in open court. Sec. 4. Every person shall be disqualified from holding an office or place of honour or profit under the authority of this state, who shall be convicted of having given or offered any bribe to procure his election. Sec. 5. Laws shall be made to exclude from office, and from suf frage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanours. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper conduct. Sec. 6. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the civil department of this state. Sec. 7. Ministers of the Gospel, being by their profession, dedicated to God, and the care of souls, ought not to be diverted from the great duties of their functions. Therefore, no minister of the Gospel, or priest of any denomination whatever, shall be eligible to the office of governor, lieutenant-governor, or to a seat in either branch of the General Assembly. Sec. 2. In the prosecution of slaves for crimes, no inquest by a Grand Jury shall be necessary, but the proceedings in such case shall be regulated by law, except, that in Capital cases, the General Assembly shall have no power to deprive them of an impartial tri al by a petit jury. MODE OF REVISING THE CONSTITUTION. Sec. 1. That whenever two thirds of the General Assembly shall deem it necessary to amend or change this Constitution, they shall recommend to the electors at the next election for members of the General Assembly, to vote for or against a Convention, and if it shall appear that a majority of the citizens of the State voting for representatives, have voted for a Convention, the General Asembly shall, at their next session, call a Convention, to consist of as many members as there may be in the General Assembly, to be chosen by the qualified electors, in the manner, and at the times and places, of choosing members of the General Assembly, which Convention shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution. SCHEDULE. Sec. 8, No money shall be drawn from the treasury, but in con- Sec. 1. That no inconvenience may arise from a change of Tersequence of an appropriation made by law-nor shall any appro- ritorial to a Permanent State Government, is is declared that sti priation of money for the support of an army be made for a longer rights, actions, prosecutions, claims, and contracts, as well of interm than one year, and a regular statement and account of the re-dividuals, as of bodies corporate, shall continue as if no such ceipts and expenditures of all public money shall be published an- change had taken place. nually. Sec. 9. No bank shall be incorporated by the legislature, without the reservation of a right to subscribe for in behalf of the state, at least one fourth part of the capital stock thereof, and the appoint ment of a proportion of the directors equal to the stock subscribed for, Sec. 2. All fines, penalties, forfeitures, and escheats, aceruing to the Mississippi Territory, within the limits of this State, shall enure to the use of the State. Sec. 3. The validity of all bonds and recognizances executed to the Governor of the Mississippi Territory shall not be impaired by the change of government, but may be sued for, and recovered in the name of the Governor of the State of Mississippi, and his flying within the State of Mississippi and that the same shall be successors in office; and all criminal or penal actions arising or now depending within the limits of this State shall be prosecuted to Judgment and execution in the name of the said State. All causes of action arising to individuals and all suits at law or in equity now depending in the several courts, within the limits of this State, and not already barred by law, may be commenced in, or transferred to such court as may have jurisdiction thereof. Bonds, recognizances, and other papers and writings properly bolonging to the Eastern Section of the Mississippi Territory, not comprised within the limits of this State, shall be transferred to the offices to which they severally belong. and remain at the sole and entire disposition of the United Sec. 4. All officers, civil and military, now holding commissions under the authority of the United States, or of the Mississippi Ter-ways, and forever free, as well to the inhabitants of this State as ritory, within this State, shall continue to hold and exercise their respective offices, under the authority of this State, until they shall be superseded under the authority of this Constitution; and shall receive from the treasury of this State she same compensation which they heretofore received for their services, in proportion to the time they shall be so employed. The Governor shall have power to fill vacancies by commissions to expire so soon as elections or appointinents can be made to such office by the authority of this Constitution. Sec. 5. All laws and parts of laws now in force in the Missis sippi Territory, aud not repugnant to the provisions of this Consitution shall continue and remain in force as the laws of this State, until they expire by their own limitation, or shall be altered or repealed by the Legislature thereof. Sec. 6. Every free white male person above the age of twenty one years, who shall be a citizen of the United States, and resident in this State at the time of the adoption of this Constitution, shall be deemed a qualified elector, at the first election to be held in this State; any thing in the Constitution to the contrary notwith standing. See. 7. The president of this Convention shall issue writs of election, directed to the sheriffs of the several Counties, requiring them to cause an election to be held for a governor, lieutenantgovernor, representative to the Congress of the United States, members of the General Assembly, and sheriffs of the respective Counties, at the respective places of elections, in said Counties, except in the County of Warren, in which County the election shall be held at the court-house, instead of the place provided by iaw, on the first Monday, and the day following in September next; which elections shall be conducted in the manner prescribed by the existing election laws of the Mississippi Territory; and the said governor, lieutenant-governor, and members of the General Assembly, then duly elected, shall continue to discharge the duties of their respective offices for the time prescribed by this Constitution, and until their successors be duly qualified. Sec. 8. Until the first enumeration shall be made, as directed by this Constitution, the county of Warren shall be entitled to one representative, the of county Claiborne to two representatives, the county of Jefferson to two representatives, the county of Adams to four representatives, the county of Franklin to one representa· tive, the county of Wilkinson to three representatives, the county of Amite to three representatives, the county of Pike to two repre sentatives, the county of Lawrence to one representative, the county of Marion to one representative, the county of Hancock to one representative, the county of Green to one representative, the county of Wayne to one representative, the county of Jackson to one representative. The counties of Warren and Claiborne shall be entitled to one senator, the county of Adams to one Sena tor, the county of Jefferson to one senator, the county of Wilkinson to one senator, the county of Amite tå one senator, the counties Adams County. Jefferson County Claiborne County, Warren County. From Franklin. Wilkinson County. Henry Hanura, Thomas Torrence, John M'Leod, Pike County. David Dickson, Lawrence County Harmon Runnels, George W. King. John Ford, Noel Jourdan, Wayne County. James Patton, Greene County, Laughlin M'Kay. John M'Rea. LOUIS WINSTON, Secretary. Foreign Articles. GENERAL AFFAIRS. Mr. Gallatin, minister at Paris, passed through Ghent on the 22d of July, on his way through Brussels to Holland. Many of the rivers of Europe have overflown of Franklin and Pike to one senator, the counties of Lawrence, Ma- their banks and exceedingly damaged the crops. rion, and Hancock to one senator, the counties of Green, Wayne The general prospect of the harvest, however, was uncommon height, by which great damages were good. The lake of Constance had risen to a very sustained. and Jackson to one senator. al judge, or one of the fornier judges of the superior court, whose Sec. 9. The governor may appoint and commission an addition commission shall expire so soon as appointments can be made un der the Constitution. It shall be the duty of the judge so appointel, or one of the former territorial judges to hold superior courts A col. Brun, said to have been one of the chiefs in the counties of Jackson, Green, Wayne, and Hancock at the in the "Grenoble conspiracy," in France, has been time heretofore prescaibed by law. Provided, that if either of the Sec. 10. The sheriff of Warren county shall within ten days after former territorial judges in addition to his duty in the western arrested at Genoa, on the eve of embarking for counties perform such duty and no additional judge be appointed, the United States, with some of his associates.-he shall receive an extra compensation proportioned to the amount Here we see an operation of the principle applied of his salary and term of service rendered. If an additional judge be appointed, he shall receive the same compensation for his services by the allied powers to the case of Lucien Bonaas the other judges of the superior court. parte. All laws and usages of nations, as sovereign the election make return of the number of votes for senator in his and independent powers, are made to give way to the county to the sheriff' of Claiborne county, who shall be the return- personal concerns of kings. If some convulsion ing officer for the district. The sheriff of Pike county shall within does not overturn the present system, history will senator in his county to the sheriff of Franklin county, who shall say that Europe lost her liberties when Napoleon be the returning officer for the district. The sheriffs of Hancock was shipped to S. Helena. But many, and especimake return of the number of votes for senator in their respective ally the British, are now heartily ashamed of their counties to the sheriff of Marion county, who shall be the returning former talk about the "freedom of the world," as conofficer for the district. The sheriffs of Jackson and Wayne coun- nected with that man's downfall. Slavery, instead ties shall within ten days after the election make return of the number of votes for senator in their respective counties, to the of freedom, is the manifest result of it. sheriff of Green county, who shall be the returning officer for the district. ten days after the election make return of the number of votes for and Lawrence counties, shall within ten days after the election, ENGLAND, &C. The British covet more ground in India, and a new war is expected. Lord Amherst has returned home from his unsuccessful embassy to China. Lord Castlereagh has been bitten by a dog. He was attempting to pat the animal,which, being above bribery or coaxing, turned upon and severely in. |