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except such as are or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained, as the General Assembly may provide by law.
2. No person or persons conscientiously scrupulous of bearing arms, shall be compelled to do militia duty in time of peace : Provided, That such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.
3. All commissioned officers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor.
State Debts. 1. The General Assembly shall not in any manner create any debt or debts, liability or liabilities, which shall singly or in the aggregate, with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object or work to be distinctly specified therein; which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and the interest thereon shall be paid and discharged; but no such law shall take effect, until at a general election, it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people.
Incorporations. 1. No corporate body shall hereafter be created, renewed, or extend. ed, with the privilege of making, issuing, or putting in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper
of 'any bank, to circulate as money. The General Assembly of This State shall prohibit, by law, any person or persons, association, company or corporation, from exercising the privileges of banking, or creating paper to circulate as money.
2. Corporations shall not be created in this State by special laws, except for political or municipal purposes; but the General Assembly shall provide by general laws, for the organization of all other corpora. tions, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabili. ties and restrictions as shall be provided by law. The State shall not directly or indirectly become a stockholder in any corporation.
Education and School Lands. 1. The General Assembly shall provide for the election, by the people, of a Superintendent of Public Instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the General Assembly may direct.
2. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural im. provement. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thou. sand acres of land granted to the new states, under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved, A. D., 1841, and all estates of deceased per. sons, who may have died without leaving a will, or heir; and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.
3. The General Assembly shall provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.
4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines col. lected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said coun. ties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly shall, from time to time, provide by law.
5. The General Assembly shall take measures for the protection, improvement, or other disposition, of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this State, for the use of a University; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said University, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, as may be au. thorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said Uni. versity.
Amendments of the Constitution. $1. If at any time, the General Assembly shall think it necessary to revise or amend this Constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for members of the General Assembly. In case a majority of the people vote in favor of a convention, said General Assembly shall pro. vide for an election of delegates to a convention, to be held within six months after the vote of the people in favor thereof.
Miscellaneous. 91. The jurisdiction of Justices of the Peace shall extend to all civil cases (except cases in chancery, and cases where the question of title to any real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars.
2. No new county shall be laid off hereafter, nor old county reduced to less contents than four hundred and thirty-two square miles.
3. The General Assembly shall not locate any of the public lands which have been or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exempted, shall not exceed three hun. dred and twenty acres.
Schedule. $1. That no inconvenience may arise from the change of a Territorial Government to a permanent State Government, it is declared that all writs, actions, prosecutions, contracts, claims and rights shall continue as if no change had taken place in this Government; and all process which may, before the organization of the judicial department under this Constitution, be issued under the authority of the Territory of Iowa, shall be as valid as if issued in the name of the State.
2. All the laws now in force in this Territory, which are not re. pugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assem. bly of this State.
3. All fines, penalties and forfeitures accruing to the Territory of Iowa, shall accrue to the use of the State.
4. All recognizances heretofore taken, or which may hereafter be taken, before the organization of the judicial department under this Constitution, shall remain valid, and shall pass to and may be prosecuted in the name of the State. And all bonds executed to the Go. vernor of this Territory, or to any other officer in his official capacity, shall pass over to the Governor of the State, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered acrordingly. All criminal prosecutions and penal actions which may have arisen, or may arise, before the organization of the judicial department under this Constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State.
5. All officers, civil and military, now holding their offices and appointments in this Territory, ander the authority of the United States, or under the authority of this Territory, shall continue to hold and execute their respective offices and appointments, until superseded, under this Constitution.
6. The first general election under this Constitution shall be held at such time as the Governor of the Territory by proclamation may appoint, within three months after its adoption, for the election of a Governor, two Representatives in the Congress of the United States (unless Congress shall provide for the election of one Representative), members of the General Assembly, and one Auditor, Treasurer, and Secretary of State. Said election shall be conducted in accordance with the existing laws of this Territory; and said Governor, Repre. sentatives in the Congress of the United States, Auditor, Treasurer and Secretary of State, duly elected at said election, shall continue to dis. charge the duties of their respective offices for the time prescribed by this Constitution, and until their successors are elected and qualified. The returns of said election shall be made in conformity to the existing laws of this Territory.
7. Until the first enumeration of the inhabitants of this State, as directed by this Constitution, the following shall be the apportionment of the General Assembly :
The county of Lee shall be entitled to two Senators and five Repre. sentatives;
The county of Van Buren, two Senators and four Representatives ;
The counties of Davis and Appanoose, one Senator and one Representative, jointly;
The counties of Wapello and Monroe, one Senator, jointly, and one Representative, each;
The counties of Marion, Polk, Dallas, and Jasper, one Senator and two Representatives, jointly ;
The county of Des Moines, two Senators and four Representa. tives ;
The county of Henry, one Senator and three Representatives; The county of Jefferson, one Senator and three Representatives ;
The counties of Louisa and Washington, one Senatur, jointly, and one Representative, each ;
The counties of Keokuk and Mahaska, one Senator, jointly, and one Representative, each;
The counties of Muscatine, Johnson and Iowa, one Senator and one Representative, jointly, and Muscatine one Representative, and Johnson and Iowa one Representative, jointly ;
The counties of Scott and Clinton, one Senator, jointly, and one Representative, each ;
The counties of Cedar, Linn and Denton, one Senator, jointly; the county of Cedar one Representative, and the counties of Linn and Benton one Representative, jointly;
The counties of Jackson and Jones, one Senator and two Represen. tatives;
The counties of Dubuque, Delaware, Clayton, Fayette, Buchanan and Blackhawk, two Senators and two Representatives, jointly ;
And any country attached to any county for judicial purposes shall, unless otherwise provided for, be considered as forming part of such county, for election purposes.
8. The first meeting of the General Assembly under this Constitution shall be at such time as the Governor of the Territory may by proclamation appoint, within four months after its ratification by the people, at Iowa City, in Johnson county, which place shall be the seat of Government of the State of Iowa until removed by law. Done in Convention, at Iowa City, this eighteenth day of May, 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.
CONSTITUTION OF WISCONSIN.
Preamble. We, the people of Wisconsin, grateful to Almighty God for our free. dom, in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the general welfare, do establish this constitution.
Declaration of Rights. § 1. All men are born equally free and independent, and have certain inherent rights : among these are life, liberty, and the pursuit of happi. ness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.
2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous be true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
4. The right of the people peaceably to assemble to consult for the common good, and to petition the government or any department there. of, shall never be abridged.