[Page 1 qc29a]
Quindaro Chindowan.
A Free-State Paper.
Vol. I. Quindaro,
Kanzas, Saturday, December 5, 1857. No. 29
Printed and published by
J. M. WALDEN & CO
J. M. Walden. Edmund
Babb.
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BUSINESS DIRECTORY
of
Quindaro, Kanzas.
PHYSICIANS.
Dr. R.
M. Ainsworth,
No. 10
Kanzas Avenue.
Dr. R. C. Anderson,
No.
21
Kanzas Avenue.
Dr. Geo. E. Budington,
No. 1
..Kanzas
Avenue.
Dr. J. B. Welborn,
No. 38
Kanzas Avenue.
ATTORNEYS.
Charles Chadwick,
No. 2
.West Main St.
Alfred
Gray,
No. 179
.East Main St.
LAND AGENTS.
Basset & Brackett,
No. 1
.Kanzas
Avenue.
Charles Chadwick,
No. 2
.West Main St.
Alfred Gray,
No.
179
.East Main St.
R. P. Gray & Co.,
Chindowan Office,
No.
7
.Kanzas Avenue.
Newman & Ainsworth,
No. 10
...Kanzas Avenue.
SURVEYORS.
Charles B. Ellis,
No. 2
West Main St.
O. A.
Bassett,
No. 1
.Kanzas Avenue.
HOTELS.
Quindaro House,
Nos. 1, 3, & 5
..Kanzas Avenue.
DRUGGISTS.
A.C. Strock & Co.,
No. 38
.Kanzas Avenue.
HARDWARE.
Shepherd & Henry,
No. 179
...East Main St.
CLOTHING.
N. Ranzohoff & Co.,
No. 11
..Kanszas Avenue.
DRY GOODS AND GROCERIES.
Johnson & Veale,
No. 3
Kanzas
Avenue.
W. J. McCown,
No. 7
Kanzas Avenue.
A. C. Strock &
Co.,
No. 38
..Kanzas Avenue.
GROCERIES AND PROVISIONS.
William Lansing,
Cor. Kanzas Avenue &
Fifth St.
A. Tuttle,
No. 76
.Levee.
W. J. McCown,
No.
7
...Kanzas Avenue.
MEAT STORES.
P. Caswell & Lewis,
No. 140
..East Main St.
J. A.
Bartles,
Cor. Seventh & N St.
BOOT & SHOE SHOPS.
Henry P. Downs,
No. 177
.East Main St.
P. C.
Muhlbach,
No. 17
O St.
STONE CUTTER & BUILDER.
F. Klaus,
No. 18
O St.
CARPENTERS & JOINERS.
John S. McCorkle,
No. 69
R St.
S. H.
Marchant,
No. 65
R St.
C. H. Carpenter,
No. 16
S St.
Quindaro Chin-do-wan.
J. M. Walden
Editor.
Saturday, December
5, 1857.
CONSTITUTION
OF THE
STATE OF KANZAS
ORDINANCE
WHEREAS: The Government of the United States is the proprietor, or will
become so, of all or most of the lands lying within the limits of Kanzas, as
determined under this Constitution; and whereas the State of Kanzas will possess
the undoubted right to tax such lands for the support of her State Government,
or for other proper and legitimate purposes connected with her existence as a
State: Now therefore. be it ordained by this Convention, on behalf of and by the
authority of the people of Kanzas, that the right aforesaid to tax such lands
shall be and is hereby forever relinquished, if the conditions following shall
be accepted and agreed to by the Congress of the United States:
SEC. 1. That sections numbered eight, sixteen, twenty-four, and thirty six,
in every township in the State, or in case either of said numbered section are
or shall be otherwise disposed of, that other lands equal thereto in value, and
as contiguous as may be, shall be granted to the State, to be applied
exclusively to the support of Common Schools.
SEC. 2. That all salt springs, and gold, silver, copper, lead or other
valuable mines together with the lands necessary for their full occupation and
use shall be granted to said State for the use and benefit of said State, and
the same shall be used or disposed of under such terms and conditions (?) as the
legislature of said State shall direct.
SEC. 3. That five per centum of the proceeds of the sales of all public lands
(?) or held in trust, or otherwise lying within the said state, whether sold
before or after the admission of the state into the Union, after deducting all
expenses individual to the same, shall be paid to the said state.
SEC. 4. [SECTION UNREADABLE]
SEC. 5. [SECTION UNREADABLE]
PREAMBLE
We, the people of the Territory of Kanzas, by our
representatives in Convention (?) in said Territory, on Monday the 4th day of
September, 1857, and of the independence of the United States the eighty-second
year (?) the right of admission into the Union as one of the United States of
America as consistent with the Federal Constitution and by virtue of the treaty
of session by France to the United States of the province of Louisiana made and
entered into on the thirtieth day of April, 1801, and by virtue of and in
accordance with the act of Congress passed March the 30th, 1854 entitled An Act
to organize the Territories of Nebraska and Kanzas. In order to secure to
ourselves and our posterity the enjoyment of all the rights of life, liberty,
and prosperity, and the free pursuit of happiness, do mutually agree with each
other to form ourselves into a free, independent, and sovereign state, by the
name and style of the State of Kanzas, and do ordain and establish the following
constitution for the government thereof
Boundaries
ARTICLE 1. We do declare and establish, ratify and
confirm the following as the permanent boundaries of the said State of Kanzas,
that is to say: Beginning at a point on the western boundary of the state of
Missouri, where the thirty-seventh parallel of north latitude crosses the same;
thence west on said parallel to the eastern boundary of New Mexico; thence north
on said boundary to latitude thirty-eight; thence following said boundary
westward to the east boundary of the Territory of Utah, on the summit of the
Rocky Mountains; thence northward on said summit to the fortieth parallel of
latitude; thence east on said parallel to the western boundary of the state of
Missouri; thence south with the western boundary of said state to the place of
beginning.
County Boundaries
ART. 2. No county, now established, which borders
upon the Missouri River, or upon either bank of the Kanzas River, shall ever be
reduced by the formation of new counties to less than twenty miles square; nor
shall any other county now organized, or hereafter to be organized, be reduced
to less than five hundred square miles.
Distribution of Power
The powers of the Government of the State of
Kansas shall be divided into three separate departments the Legislative, the
Executive, and the Judicial; and no person charged with the exercise of powers
properly belonging to one of their departments, shall exercise any functions
appertaining to either of the other, except in the cases hereinafter expressly
(?)
EXECUTIVE DEPARTMENT
SEC. 1. The chief Executive power of this
state shall be vested in a Governor; who shall hold his office for five years
from the time of his installation.
SEC. 2. The Governor shall be elected by the qualified electors of the state.
The returns of every election for Governor shall be sealed up and transmitted to
the seat of Government, directed to the Secretary of State, who shall deliver
them to the Speaker of the House of Representatives at the next ensuing session
of the Legislature, during the first week of which session the Speaker shall
open and publish them in the presence of both Houses of the Legislature. The
person having the highest number of votes shall be Governor, but if two or more
shall be equal and highest in votes, then one of them shall be chosen Governor
by the joint ballot of both Houses of the Legislature. Contested elections for
Governor shall be determined by both Houses of the Legislature in such manner as
may be prescribed be law.
SEC. 3. The Governor shall be at least thirty years of age, shall have been a
citizen of the United States for twenty years, shall have resided in this state
at least five years next preceding the day of his election, or from the time of
the formation of this Constitution; and shall not be capable of holding the
office more than four years in any term of six years.
SEC. 4. He shall at stated times receive for his services a compensation
which shall be fixed by law, and shall not be increased or diminished during the
term for which he shall be 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 officers in the Executive
Department, on any subject relating to the duties of these respective officers.
SEC. 7. He may in case of emergency, convene the Legislature, at the seat of
Government or at a different place, if that shall have become, since their last
adjournment, dangerous from an enemy or disease: and in case of disagreement
between the two Houses, with respect to the time of adjournment, adjourn to such
time as he may think proper, not beyond the next stated meeting of the
Legislature.
SEC. 8. He shall from time to time give to the Legislature information of the
state of the Government, and recommend to their consideration such measures as
he may deem necessary and 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 in cases of forfetures, to stay the collection until the end of the
next session of the Legislature, and to remit forfeitures, by and with the
advice and consent of the Senate. In cases of treason, he shall not have power
to grant reprieves, by and with the advice and consent of the Senate, but may
respite the sentence until the end of the next session of the Legislature.
SEC. 11. All commissions shall be and in the name and by the authority of the
State of Kanzas; be sealed with the great seal and signed by the Governor, and
be attested by the Secretary of State.
SEC. 12. There shall be a seal of this state which shall be kept by the
Governor, and used by him officially, and the present seal of this Territory
shall be the seal of the state, until otherwise directed by the Legislature.
SEC. 13. All vacancies not provided for in this Constitution, shall be filled
in such manner as the Legislature may prescribe.
SEC. 14. The Secretary of State shall be elected by the qualified electors of
the state, and shall continue in office during the term of two years, and until
his successor is qualified. 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 Legislature, and
shall perform such duties as may be required by law.
SEC. 15. Every bill which shall have passed both Houses of the Legislature,
shall be presented to the Governor; if he approves he shall sign it, but if not,
he shall return it, with his objections, to the House in which it shall have
originated, which shall enter the objections at length upon their journals, and
proceed to reconsider it. If after such reconsideration, two-thirds of the 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 case the votes of
each House shall be determined by yeas and nays, and the names of the members
voting for and against the bill shall be entered on the journals 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
become a law in like manner as if he had signed it, unless the Legislature by
their adjournment prevent its return, in which case it shall not become a law.
SEC. 16. Every order, resolution, or vote to which the concurrence of both
Houses may be necessary, except resolutions for the purpose of obtaining the
joint action of both Houses, and on questions of adjournment, shall be presented
to the Governor, and before it shall take effect be approved by him, or being
disapproved shall be repassed by both Houses according to the rules and
limitations prescribed in case of a bill.
SEC. 17. A Lieutenant Governor shall (?) same term as the Governor; and his
qualifications and the manner of his election shall be the same in all respects.
SEC. 18. In case of the removal of the Governor from office, or of his death,
failure to qualify, resignation, removal from the state, or inability to
discharge the powers and duties of the office, the said office with its
compensation shall devolve upon the Lieutenant Governor; and the Legislature
shall provide by law for the discharge of the Executive functions in other
necessary cases.
SEC. 19. The Lieutenant Governor shall be President of the Senate, but shall
have no vote except in the case of a tie when he may give the casting vote, and
while acting as such, shall receive a compensation equal to that allowed to the
Speaker of the House of Representatives.
SEC. 20. A sheriff and one or more coroners, a treasurer, and surveyor, shall
be elected in each county by the qualified electors thereof, who shall hold
their office for two years unless sooner removed; except that the coroner shall
hold his office until his successor be duly qualified.
SEC. 21. A state treasurer, and auditor of public accounts shall be elected
by the qualified electors of the state who shall hold their offices for the term
of two years unless sooner removed.
LEGISLATIVE DEPARTMENT
SEC. 1. The Legislative authority of this
state shall be vested in a Legislature, which shall consist of a Senate and
House of Representatives.
SEC. 2. No person holding office under the authority of the United States,
except Postmasters, or any lucrative office under the authority of this state,
shall be eligible to, or have a seat in the Legislature; but this provision
shall not extend to township officers, justices of the peace, notaries public or
militia officers.
SEC. 3. No person who has been or may hereafter be convicted of a
penitentiary offence, or of an embezzlement of the public funds shall hold any
office in this state, nor shall any person holding public money for
disbursement, or otherwise, have a seat in the Legislature, until he shall have
accounted for and paid such money into the treasury.
SEC. 4. The members of the House of Representatives shall be elected by the
qualified electors, and shall serve for the term of two years from the close of
the general election and no longer.
SEC. 5. The senators shall be chosen for the term of four years, at the same
time, in the same manner, and at the same places as are herein provided for
members of the House of Representatives.
SEC. 6. At the first session of the Legislature, the senators shall by lot
divide their senators into classes, and the seats of the senators of the first
class shall be vacated at the expiration of the second year, and of the second
class at the expiration of the fourth year so that one half as near as may be
may be chosen thereafter, every two years for the term of four years.
SEC. 7. The number of senators shall not be less than thirteen nor more than
thirty three, and at any time when the number of senators is increased they
shall be annexed by lot to one of the two classes so as to keep them as nearly
equal in members as possible.
SEC. 8. The number of members of the House of Representatives shall not be
less than thirty nine nor more than one hundred.
SEC. 9. The style of the laws of this State shall be. Be it enacted by the
Legislature of the State of Kanzas.
SEC. 10. Each House may determine the rules of its own proceedings, punish
its members for disorderly behavior, and with the consent of two thirds, expel a
member, but not a second time for the same offence, the names of the members
voting on the question, shall be spread upon the journal.
SEC. 11. Each House during the session, may in its discretion punish by fine,
imprisonment or both, any person not a member, for disrespectful or disorderly
behavior in its presence, or for obstructing any of its proceedings, provided
such fine shall not exceed two hundred dollars or such (?) shall not extend
beyond the (?) session.
SEC. 12. Each House of the Legislature shall keep a journal of its
proceedings, and cause the same to be published as soon after the adjournment as
may be provided by law.
SEC. 13. Neither House during the session of the Legislature shall without
the consent of the other, adjourn for more than three days, (Sunday excepted,)
nor to any other place than that in which they may be sitting.
SEC. 14. The Senate when assembled shall choose its officers; and the House
of Representatives shall choose a Speaker and its other officers, and each
branch of the Legislature shall be judge of the qualifications, elections, and
returns of its members.
SEC. 15. A majority of each House of the Legislature shall constitute a
quorum to do business, but a small number may adjourn from day to day, and
compel the attendance of absent members, in such manner as each House may
prescribe.
SEC. 16. Each member of the Legislature shall receive from the public
treasury such compensation for his services as may be fixed by law; but no
increase of compensation shall take effect during the term for which the members
were elected, when such law passed.
SEC. 17. Bills may originate in either House, but may be altered, amended, or
rejected by the other, and all bills shall be read by sections on three several
days, except on an extraordinary occasion; two thirds of the members may
dispense with such reading, but in no case shall a bill be passed without having
once been read and any bill having passed both Houses shall be signed by the
Speaker and President, in the presence of their respective Houses.
(???) by law for filling all vacancies that may occur in either House, by the
death, resignation, or otherwise, of any of its members.
SEC. 19. The doors of each House shall be open except on such occasions as in
the opinion of the House the public safety may require secrecy.
SEC. 20. Every law enacted by the Legislature shall embrace but one subject
and that shall be expressed in its title; and any extraneous matter introduced
in a bill that shall pass shall be void; and no law shall be amended by its
title, but in such case the act or section amended shall be re-enacted and
published at length.
SEC. 21. Every act and joint resolution shall be plainly worded, avoiding as
far as practicable the use of technical terms.
SEC. 22. The Legislature shall meet every two years at the seat of
Government.
SEC. 23. The Legislature shall provide for an enumeration of inhabitants, by
law. An apportionment of Representatives in the Legislature shall be provided by
law according to population, as nearly equal as may be.
SEC. 24. The Legislature shall have no power to grant divorces, to change the
names of individuals, or direct the sales of estates belonging to infants or
other persons laboring under legal disabilities by special legislation, but by
general laws shall confer such power on the courts of justice.
SEC. 25. It shall be the duty of all civil officers of the state, to use due
diligence in the securing and rendition of persons held to service or labor in
this state, either of the states or territories of the United States, and the
Legislature shall enact such laws, as may be necessary for the honest and
faithful carrying out of this provision of the Constitution.
At the first election holden under the Constitution, for members of the State
Legislature, the representative and the senatorial districts shall be as
follows:
1st Representative District shall consist of Don-
iphan County, shall be
entitled to 4 Reps.
2nd. Atchison, 4
3d. Leavenworth, 8
4th. Brown and Nemaba, 1
5th.
Calhoun and Potawattomie, 1
6th. Jefferson, 2
7th. Marshall and
Washington, 1
8th Riley, 1
9th. Johnson, 4
10th Lykens, 1
11th.
Linn, 2
12th. Bourbon, 2
13th. McGee Dorn and Allen, 1
14th Douglas,
5
15th Anderson and Franklin, 1
16th Shawnee, 2
17th. Weller and
Coffey, 1
18th. Woodson, Wilson, Greenwood
Godfrey and Madison, 1
19th.
Breckenridge and Richardson, 1
20th. Davis, Wise, Butler, Hunter
and
country west, 1
Total No. of Representatives, 44
1st Senatorial District is Doniphan, 1 Senr.
2nd Atchison, 1
3rd
Doniphan and Atchison, 1
4th Leavenworth, 3
5th Brown, Nemaha and
Potawatto-
mie, 1
6th Riley, Marshall, Dickenson, and
Washington,
1
7th Jefferson and Calhoun, 1
8th Johnson, 2
9th Lykens, Anderson and
Franklin, 1
10th Linn, 1
11th Bourbon and McGee, 1
12th Douglas,
2
13th Shawnee, 1
14th Dorn, Allen, Wilson, Woodson,
Godfrey,
Greenwood, Madison
and Coffey 1
15th Richardson, Davis, Wise,
Breck-
enridge, Butler, Hunter, and all
west of Davis, Wise, Butler
and
Hunter, 1
Total, 19
JUDICIARY.
SEC.1. The Judicial powers of this state shall be vested
in one Supreme Court Circuit Courts, Chancery Courts, Courts of Probate, and
Justices of the Peace, and such other inferior Courts as the Legislature may,
from time to time ordain and establish.
SEC. 2. The Supreme Court, except in cases otherwise directed by this
Constitution, shall have appellate jurisdiction only, which shall be
co-extensive with the state, under such restrictions and regulations (?) not
repugnant to this Constitution, (?) may from time to time be prescribed (?)
Provided, That the Supreme Court shall have power to issue writs of
injunction mandamus quo warranto, habeas corpus, and such other remedial
and original writs as may be necessary to give it general superintendence and
control of inferior jurisdictions.
SEC. 3. There shall be held annually at the seat of government two sessions
of the Supreme Court, at such times as the Legislature may direct.
SEC. 4. The Supreme Court shall consist of one Chief Justice and two
associate Justices.
SEC. 5. The Supreme Court may elect a clerk and reporter who shall
respectively receive such compensations as the Legislature may prescribe.
SEC. 6. The state shall be divided into convenient circuits, and for each
circuit there shall be elected a Judge, who shall at the time of his election,
and as long as he continues in office, reside in the circuit for which he has
been elected.
SEC. 7. The circuit courts shall have original jurisdiction of all matters,
civil and criminal, within this state, not otherwise excepted in this
Constitution; but in civil cases only where the matters in controversy shall
exceed the sum of one hundred dollars.
SEC. 8. A circuit court shall be held in each county or district in the state
twice in every year, at such times and places as may be prescribed by law, and
the Judges of the several circuit courts, may hold courts for each other when
they may deem it advisable, and shall do so when directed by law.
SEC. 9. The Legislature may establish a court or courts of Chancery, with
original and appellate equity jurisdiction, and until the establishment of such
court or courts the said jurisdiction shall be (???) respectively; but the
Judges of the several circuit courts shall have power to issue writs of
injunction returnable to the courts of Chancery.
SEC. 10. The Legislature shall establish within each county in the state a
Court of Probate for the granting of letters testamentary of administration and
orphans business, and the general superintendence of the estates of deceased
persons, and such other duties as may be prescribed by law; but in no case shall
it have jurisdiction in matters of civil or criminal law.
SEC. 11. A competent number of Justices of the Peace; in and for each county,
shall be elected, in such mode and for such term of office as the Legislature
may direct; their jurisdiction in civil matters shall be limited to cases in
which the amount does not exceed one hundred dollars, and in all cases tried by
a Justice of the Peace the right of appeal shall be secured under such rules and
regulations as may be prescribed by law.
SEC. 12. The Chief Justice and associate Justices of the Supreme Court and
Judges of the Circuit Court and Courts of Chancery, shall at stated times
receive for their services a compensation which shall be fixed by law, and shall
not be diminished during their continuance in office; but they shall receive no
fees, no perquisites of office, nor hold any other office of profit or trust
under this state, the United States, either of the other states, or any other
power, during their continuance in office.
SEC. 13. The Chief Justice and associate Justices of the Supreme Court shall
be elected by the qualified voters of the whole state; the Judges of the Circuit
Courts by the qualified voters of their respective circuits, and the Judges of
the Chancery Courts shall be elected by the qualified voters of their respective
Chancery divisions, at such times and places as may be prescribed by law; but
said elections shall not be on the same day that the election of members of the
Legislature is held.
SEC. 14. All vacancies in the office of Chief Justice and associate Justices
of the supreme court, and Judges of the circuit court, court of chancery, and
Probate Court, shall be filled by appointment, made by the Governor for the time
being, but the Governor shall immediately, upon the receipt of information of a
vacancy aforesaid, order an election to fill such vacancy, first giving sixty
days notice of such election.
SEC. 15. The Chief Justice and the associate Justices of the supreme court
shall hold their offices for and during the period of six years from the date of
their election, and until their successors shall be qualified and provision
shall be made by law for classifying those elected, so that the Chief Justice or
one of the said associate Justices of the supreme court, shall be elected every
two years; the Judges of the circuit, chancery and probate courts shall hold
their offices for and during the term of four years from the date of their
election, and until their successors shall be qualified.
SEC. 16. Clerks of the circuit courts and courts of Probate shall be elected
by the qualified electors in each county, and all vacancies in such office shall
be filled in such manner as the law may direct.
SEC. 17. The Chief Justice and associate Justices of the Supreme Court, by
virtue of their offices shall be conservators of the peace throughout the State;
the Judges of the Circuit Court throughout their respective Circuits, and the
Judges of the inferior Courts throughout their respective counties.
SEC. 18. The style of all process shall be, The State of Kanzas, and all
prosecutions shall be carried on in the name and by the authority of the State
of Kanzas, and shall conclude, Against the peace and dignity of the same.
SEC. 19. There shall be an Attorney General for the state, who shall be
elected by the qualified voters thereof, and as many District Attornies as the
Legislature may deem necessary, to be elected by the qualified voters of their
respective circuits, who shall hold their offices for the term of four years
from the date of their election, and shall receive for their services such
compensation as may be established by law, which shall not be diminished during
their continuance in office.
SEC. 20. Vacancies occurring in office of Attorney General, District
Attornies, clerk of the circuit court, clerk of the court of Probate, Justices
of the Peace and Constables, shall be filled in such manner as shall be provided
for by law.
SEC. 21. The House of representatives shall have the sole power of
impeachment.
SEC. 22. All impeachment shall be tried by the Senate: when siting for that
purpose, the Senators shall be on oath or affirmation and no person shall be
convicted without the concurrence of two-thirds of the members present.
SEC. 23. The Governor and all civil officers shall be liable to impeachment
for any misdemeanor in office, but judgment in such cases shall not extend
further than to removal from office and of disqualification to hold any office
of honor, trust or profit under the State: but the party convicted shall
nevertheless be liable and subject to indictment, trial and punishment according
to law.
SLAVERY
SEC. 1. The right of property is before and higher than any
constitutional sanction, and the right of the owner of a slave to such slave and
its increase is the same and as inviolable as the right of the owner of any
property whatever.
SEC. 2. The Legislature shall have no power to pass laws for the emancipation
of slaves without the consent of the owners, or without paying the owners
previous to their emancipation, a full equivalent in money for the slaves so
emancipated. They shall have no power to prevent (???) them such persons as are
deemed slaves by the laws of any one of the United States or Territories, so
long as any person of the same age or description shall be continued in slavery
by the laws of this state: Provided, That such person or slave be the
bona fide property of such emigrants: and; provided also, That
laws may be passed to prohibit the introduction into this state of slaves who
have committed high crimes in other states or Territories. They shall have power
to pass laws to permit the owners of slaves to emancipate them saving the rights
of creditors, and preventing them from becoming a public charge. They shall have
power to oblige the owners of slaves to treat them with humanity, to provide for
them necessary food and clothing, to abstain from all injuries to them,
extending to life or limb; and in case of their neglect or refusal to comply
with the direction of such laws, to have such slave or slaves sold for the
benefit of the owner or owners.
SEC. 3. In the prosecution of slaves for crimes of higher grade than petit
larceny, the Legislature shall have no power to deprive them of an impartial
trial by a petit jury.
SEC. 4. Any person who shall maliciously dismember or deprive a slave of
life, shall suffer such punishment as would be inflicted in case the like
offense had been committed on a free white person, and on the like proof, except
in case of insurrection of such slave.
ELECTIONS AND RIGHTS OF SUFFRAGE.
SEC. 1. Every male citizen of the
United States, above the age of twenty-one years, having resided in this state
one year, and in the county, city or town in which he may offer to vote, three
months next preceding any election, shall have the qualifications of an elector
and be entitled to vote at all elections; and every male citizen of the United
States, above the age aforesaid, who may be a resident of the state at the time
that this Constitution shall be adopted, have the right of voting as aforesaid,
but no such citizen or inhabitant shall be entitled to vote except in the county
in which he shall actually reside of the election.
SEC. 2. All voting by the people shall be by ballot.
SEC. 3. Electors during their attendance at elections, going to and returning
therefrom, shall be privileged from arrest in all cases, except treason, felony,
and breach of the peace.
SEC. 4. No elector shall be obliged to do militia duty on the days of
election, except in time of war or public danger.
SEC. 5. No elector shall be deemed to have lost his residence in this state
by reason of his absence on business of his own, or of the United States, or of
this state.
SEC. 6. No person employed in the military, naval, or marine service of the
United States, stationed in this state, shall by reason of his services therein,
be deemed a resident of this state.
SEC. 7. No person shall be elected or appointed to any office in this state,
civil or military, who shall not be possessed of the qualifications hereinbefore
prescribed for an elector.
SEC. 8. The Legislature shall have power to exclude from the privilege of
voting, or being eligible to office, any person convicted of bribery, perjury,
or other infamous crimes.
SEC. 9. The first general election in this state shall be held on the day and
year provided by this Constitution: and all general elections thereafter on the
day and year as provided by subsequent legislative enactment.
FINANCE
SEC. 1. The rule of taxation shall be uniform, and taxes
shall be levied upon such property as the Legislature shall from time to time
prescribe.
SEC. 2. The Legislature shall provide for an annual tax sufficient to defray
the estimated expenses of the government for each year; and whenever the
expenses of any year shall exceed the income, the Legislature shall provide for
levying a tax for the ensuing year, sufficient with other sources of income to
pay the deficiency, as well as the estimated expenses of such ensuing year.
SEC. 3. For the purpose of defraying extraordinary expenditures the state may
contract public debts, but such debts shall never in the aggregate exceed five
hundred thousand dollars. Every such debt shall be authorized by law for some
purpose or purposes to be distinctly specified therein, and a vote of a majority
of all members elected to both Houses, shall be necessary to the passage of such
law, and every such law shall provide for an annual tax to be levied, sufficient
to pay the interest of such debt created: and such appropriation shall not be
repealed nor the taxes postponed until the principal and interest of such debt
shall have been wholly paid.
SEC. 4. The Legislature may also borrow money for the purpose of repelling
invasion, suppressing insurrection and defending the state in time of war; but
the money thus raised shall be applied exclusively to the purpose for which it
was raised.
SEC. 5. No script, certificate, or other evidence of state debt, shall be
issued, except for such debts as are authorized by the 3d or 4th sections of
this article.
SEC. 6. The property of the state and counties, both real and personal, and
such other property as the Legislature may deem necessary for school, religious
or charitable purposes, may be exempted from taxation.
SEC. 7. No money shall at any time be paid out of the treasury except in
pursuance of an appropriation by law.
Transcribed by Caroline Barker. (6/22/2005)