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Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5 The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

“June 16” Ratification Date unknown but this is the date of the first newsletter publication of the constitution, 1868 PREAMBLE We, the people of Georgia, in order to form a permanent government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the author of all good government, do ordain and establish this constitution for the State of Georgia: Article I: DECLARATION OF FUNDAMENTAL PRINCIPLES Section 1. Protection to person and property is the paramount duty of government, and shall be impartial and complete. Sec. 2. All persons born or naturalized in the United States, and resident in this State, are hereby declared citizens of this State, and no laws shall be made or enforced which shall abridge the privileges or immunities of citizens of the United States, or of this State, or deny to any person within its jurisdiction the equal protection of its laws. And it shall be the duty of the general assembly, by appropriate legislation, to protect every person in the due enjoyment of the rights, privileges, and immunities guaranteed in this section. Sec. 3. No person shall be deprived of life, liberty, or property, except by due process of law. Sec. 4. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Sec. 5. The right of the people to appeal to the courts, to petition government on all matters, and peaceably to assemble for the consideration of any matter, shall never be impaired. Sec. 6. Perfect freedom of religious sentiment shall be, and the same is hereby, secured, and no inhabitant of this State shall ever be molested in person or property, or prohibited from holding any public office or trust, on account of his religious opinion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the people. Sec. 7. Every person charged with an offence against the laws shall have the privilege and benefit of counsel, shall be furnished, on demand, with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded, shall have compulsory process to obtain the attendance of his own witnesses, shall be confronted with the witnesses testifying against him, and shall have a public and speedy trial by an impartial jury. Sec. 8. No person shall be put in jeopardy of life or liberty more than once for the same offence, save on his or her own motion for a new trial after conviction, or in case of mistrial. Sec. 9. Freedom of speech and freedom of the press are inherent elements of political liberty. But while every citizen may freely speak, or write, or print on any subject, he shall be responsible for the abuse of the liberty. Sec. 10. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or things to be seized. Sec. 11. The social status of the citizen shall never be the subject of legislation. Sec. 12. No person shall be molested for his opinions, or be subject to any civil or political incapacity, or acquire any civil or political advantage in consequence of such opinions. Sec. 13. The writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety may require it. Sec. 14. A well-regulated militia being necessary to the security of a free people, the right of the people to keep and bear arms shall not be infringed; but the general assembly shall have power to prescribe by law the manner in which arms may be borne. Sec. 15. The punishment of all frauds shall be provided by law. Sec. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, nor shall any person be abused in being arrested, whilst under arrest, or in prison. Sec. 17. The power of the courts to punish for contempt shall be limited by legislative acts. Sec. 18. There shall be no imprisonment for debt. Sec. 19. In all prosecutions or indictments for libel the truth may be given in evidence, and the jury shall have the right to determine the law and the facts. Sec. 20. Private ways may be granted upon just compensation being paid by the applicant. Sec. 21. All penalties shall be proportioned to the nature of the offence. Sec. 22. Whipping, as a punishment for crime, is prohibited. Sec. 23. No lottery shall be authorized, or sale of lottery-tickets allowed, in this State, and adequate penalties for such sale shall be provided by law. Sec. 24. No conviction shall work corruption of blood, and no conviction of treason shall work a general forfeiture of estate longer than during the life of the person attained. That the cause or causes shall be notified to the judge so intended to Sec. 25. Treason against the State of Georgia shall consist only in levying war against the State, or the United States, or adhering to the enemies thereof, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court. Sec. 26. Laws shall have a general operation, and no general law, affecting private rights, shall be varied, in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract is capable of such free consent. Sec. 27. The power of taxation over the whole State shall be exercised by the general assembly only to raise revenue for the support of government, to pay the public debt, to provide a general school-fund, for common defence and for public improvement; and taxation on property shall be ad valorem only, and uniform on all species of property taxed. Sec. 28. The general assembly may grant the power of taxation to county authorities and municipal corporations, to be exercised within their several territorial limits. Sec. 29. No poll-tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually on each poll. Sec. 30. Mechanics and laborers shall have liens upon the property of their employers for labor performed or material furnished, and the legislature shall provide for the summary enforcement of the same. Sec. 31. The legislative, executive, and judicial departments shall be distinct; and each department shall be confided to a separate body of magistracy. No person, or collection of persons, being of one department, shall exercise any power properly attached to either of the others, except in cases herein expressly provided. Sec. 32. Legislative acts in violation of this constitution, or the Constitution of the United States, are void, and the judiciary shall so declare them. Sec. 33. The State of Georgia shall ever remain a member of the American Union: the people thereof are a part of the American nation; every citizen thereof owes paramount allegiance to the Constitution and Government of the United States, and no law or ordinance of this State, in contravention or subversion thereof, shall ever have any binding force. Article II: FRANCHISE AND ELECTIONS Section 1. In all elections by the people the electors shall vote by ballot. Sec. 2. Every male person born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and shall have resided thirty days in the county in which he offers to vote, and shall have paid all taxes which may have been required of him, and which he may have had an opportunity of paying, agreeably to law, for the year preceding the election, (except as hereinafter provided,) shall be deemed an elector; and every male citizen of the United States, of the age aforesaid, (except as hereinafter provided,) who may be a resident of the State at the time of the adoption of this constitution, shall be deemed an elector, and shall have all the rights of an elector, as aforesaid: Provided, That no soldier, sailor, or marine in the military or naval service of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State; and no person shall vote who, if challenged, shall refuse to take the following oath: “I do swear that I have not given or received, nor do I expect to give or receive, any money, treat, or other thing of value, by which my vote, or any vote, is affected, or expected to be affected, at this election, nor have I given or promised any reward, or made any threat, by which to prevent any person from voting at this election.” Sec. 3. No person convicted of felony or larceny before any court of this State, or of or in the United States, shall be eligible to any office or appointment of honor or trust within this State, unless he shall have been pardoned. Sec. 4. No person who is the holder of any public moneys shall be eligible to any office in this State until the same is accounted for and paid into the treasury. Sec. 5. No person who, after the adoption of this constitution, being a resident of this State, shall engage in a duel in this State, or elsewhere, or shall send or accept a challenge, or be aider or abettor to such duel, shall vote or hold office in this State; and every such person shall also be subject to such punishment as the law may prescribe. Sec. 6. The general assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote, or hold office: 1st. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery; 2d. Idiots or insane persons. Sec. 7. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest for five days before an election, during the election, and two days subsequent thereto. Sec. 8. The sale of intoxicating liquors on days of election is prohibited. Sec. 9. Returns of election for all civil officers elected by the people, who are to be commissioned by the governor, and also for the members of the general assembly, shall be made to the secretary of state, unless otherwise provided by law. Sec. 10. The general assembly shall enact laws giving adequate protection to electors before, during, and subsequent to elections. Sec. 11. The election of governor, members of Congress, and of the general assembly, after the year 1868, shall commence on the Tuesday after the first Monday in November, unless otherwise provided by law. Article III: LEGISLATIVE DEPARTMENT Section 1. One. The legislative power shall be vested in a general assembly, which shall consist of a senate and house of representatives, and, until otherwise directed, the members thereof, after the first election, shall be elected, and the returns of the election made, as now prescribed by law. Two. The members of the senate shall be elected for four years, except that the members elected at the first election from the twenty-two senatorial districts numbered in this constitution with odd numbers, shall only hold their office for two years. The members of the house of representatives shall be elected for two years. The election for members of the general assembly shall begin on Tuesday after the first Monday in November of every second year, except the first election, which shall be within sixty days after the adjournment of this convention; but the general assembly may by law change the time of election, and the members shall hold until their successors are elected and qualified. Three. The first meeting of the general assembly shall be within ninety days after the adjournment of this convention, after which it shall meet annually on the second Wednesday in January, or on such other day as the general assembly may prescribe. A majority of each house shall constitute a quorum to transact business; but a smaller number may adjourn from day to day, and compel the presence of its absent members as each house may provide. No session of the general assembly, after the second under this constitution, shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof. Four. No person holding a military commission, or other appointment or offices, having any emolument or compensation annexed thereto, under this State or the United States, or either of them, except justices of the peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either house; nor shall any senator or representative, after his qualification as such, be elected by the general assembly, or appointed by the governor, either with or without the advice and consent of the senate, to any office or appointment, having any emolument annexed thereto, during the time for which he shall have been elected. Five. The seat of a member of either house shall be vacated on his removal from the district from which he was elected. Sec. 2. One. There shall be forty-four senatorial districts in this State, composed each of three contiguous counties, from each of which districts one senator shall be chosen. Until otherwise arranged, as hereinafter provided, the said districts shall be constituted as follows: The first district, of Chatham, Bryan, and Effingham. The second district, of Liberty, Tatnall, and McIntosh. The third district, of Wayne, Pierce, and Appling. The fourth district, of Glynn, Camden, and Charlton. The fifth district, of Coffee, Ware, and Clinch. The sixth district, of Echols, Lowndes, and Berrien. The seventh district, of Brooks, Thomas, and Colquitt. The eighth district, of Decatur, Mitchell, and Miller. The ninth district, of Early, Calhoun, and Baker. The tenth district, of Dougherty, Lee, and Worth. The eleventh district, of Clay, Randolph, and Terrell. The twelfth district, of Stewart, Webster, and Quitman. The thirteenth district, of Sumter, Schley, and Macon. The fourteenth district, of Dooly, Wilcox, and Pulaski. The fifteenth district, of Montgomery, Telfair, and Irwin. The sixteenth district, of Laurens, Johnson, and Emanuel. The seventeenth district, of Bullock, Scriven, and Burke. The eighteenth district, of Richmond, Glascock, and Jefferson. The nineteenth district, of Taliaferro, Warren, and Greene. The twentieth district, of Baldwin, Hancock, and Washington. The twenty-first district, of Twiggs, Wilkinson, and Jones. The twenty-second district, of Bibb, Monroe, and Pike. The twenty-third district, of Houston, Crawford, and Taylor. The twenty-fourth district, of Marion, Chattahoochee, and Muscogee. The twenty-fifth district, of Harris, Upson, and Talbot. The twenty-sixth district, of Spalding, Butts, and Fayette. The twenty-seventh district, of Newton, Walton, and Clarke. The twenty-eighth district, of Jasper, Putnam, and Morgan. The twenty-ninth district, of Wilkes, Lincoln, and Columbia. The thirtieth district, of Oglethorpe, Madison, and Elbert. The thirty-first district, of Hart, Franklin, and Habersham. The thirty-second district, of White, Lumpkin, and Dawson. The thirty-third district, of Hall, Banks, and Jackson. The thirty-fourth district, of Gwinnett, DeKalb, and Henry. The thirty-fifth district, of Clayton, Fulton, and Cobb. The thirty-sixth district, of Meriwether, Coweta, and Campbell. The thirty-seventh district, of Troup, Heard, and Carroll. The thirty-eighth district, of Haralson, Polk, and Paulding. The thirty-ninth district, of Cherokee, Milton, and Forsyth. The fortieth district, of Union, Towns, and Rabun. The forty-first district, of Fannin, Gilmer, and Pickens. The forty-second district, of Bartow, Floyd, and Chattooga. The forty-third district, of Murray, Whitfield, and Gordon. The forty-fourth district, of Walker, Dade, and Catoosa. If a new county be established it shall be added to a district which it adjoins, and from which the larger portion of its territory is taken. The senatorial districts may be changed by the general assembly, but only at the first session after the publication of each census by the United States Government, and their number shall not be increased. Two. The senators shall be citizens of the United States, who have attained the age of twenty-five years, and who, after the first election under this constitution, shall have been citizens of this State for two years, and for one year resident of the district from which elected. Three. The presiding officer of the senate shall be styled the president of the senate, and shall be elected viva voce from the senators. Four. The senate shall have the sole power to try impeachments. When sitting for that purpose the members shall be on oath or affirmation, and shall be presided over by one of the judges of the supreme court, selected for that purpose by a viva-voce vote of the senate; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgments in cases of impeachment shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit within this State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law. Sec. 3. One. The house of representatives shall consist of one hundred and seventy-five representatives, apportioned as follows: to the six largest counties, to wit, Chatham, Richmond, Fulton, Bibb, Houston, and Burke, three representatives each; to the thirty-one next largest, to wit, Bartow, Columbia, Cobb, Coweta, Clarke, Decatur, Dougherty, Floyd, Gwinnett, Greene, Hancock, Harris, Jefferson, Lee, Muscogee, Monroe, Meriwether, Morgan, Macon, Newton, Oglethorpe, Pulaski, Randolph, Sumter, Stewart, Troup, Thomas, Talbot, Washington, Wilkes, and Warren, two representatives each; and to the remaining ninety-five counties, one representative each. Two. The above apportionment may be changed by the general assembly after each census by the United States Government, but in no event shall the aggregate number of representatives be increased. Three. The representatives shall be citizens of the United States who have attained the age of twenty-one years, and who, after the first election under this constitution, shall have been citizens of this State for one year, and for six months resident of the counties from which elected. Four. The presiding officer of the house of representatives shall be styled the speaker of the house of representatives, and shall be elected viva voce from the body. Five. The house of representatives shall have the sole power to impeach all persons who shall have been or may be in office. Six. All bills for raising revenue, or appropriating money, shall originate in the house of representatives, but the senate may propose or concur in amendments, as in other bills. Sec. 4. One. Each house shall be the judge of the election, returns, and qualifications of its members, and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the house from which he is expelled. Two. Each house may punish, by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt by any disorderly behavior in its presence, or who, during the session, shall threaten injury to the person or estate of any member for anything said or done in either house, or who shall assault any member going to or returning therefrom, or who shall rescue or attempt to rescue any person arrested by order of either house. Three. The members of both houses shall be free from arrest during their attendance on the general assembly, and in going to or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either house. Four. Each house shall keep a journal of its proceedings, and publish it immediately after its adjournment. The yeas and nays of the members on any question shall, at the desire of one-fifth of the members present, be entered on the journal. The original journal shall be preserved, after publication, in the office of the secretary of state, but there shall be no other record thereof. Five. Every bill, before it shall pass, shall be read three times, and on three separate days, in each house, unless in cases of actual invasion or insurrection. Nor shall any law or ordinance pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof. Six. All acts shall be signed by the president of the senate and the speaker of the house of representatives; and no bill, ordinance, or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the house by which the same was rejected. Seven. Neither house shall adjourn for more than three days, nor to any other place, without the consent of the other; and in case of disagreement between the two houses on a question of adjournment, the governor may adjourn either or both of them. Eight. The officers of the two houses, other than the president and speaker, shall be a secretary of the senate, and clerk of the house, and an assistant for each; a journalizing clerk, two engrossing and two enrolling clerks for each house, and the number shall not be increased except by a vote of the house. And their pay, as well as the pay and mileage of the members, shall be fixed by law. Nine. Whenever the constitution requires a vote of two-thirds of either or both houses for the passing of an act or resolution, the yeas and nays on the passage thereof shall be entered on the journal, and all votes on confirmations, or refusals to confirm nominations to office by the governor, shall be by yeas and nays, and the yeas and nays shall be recorded on the journal. Ten. Every senator, or representative, before taking his seat, shall take an oath, or affirmation, to support the Constitution of the United States, and of this State; that he has not practised any unlawful means, directly or indirectly, to secure his election, and that he has not given, or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which he was elected. Sec. 5. One. The general assembly shall have power to make all laws and ordinances, consistent with this constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Two. The general assembly may alter the boundaries of, or lay off or establish new counties, or abolish counties, attaching the territory thereof to contiguous counties; but no new county shall be established except by a vote of two-thirds of each house; nor shall any county be abolished except by a vote of two-thirds of each house, and after the qualified voters of the county shall, at an election held for the purpose, so decide. Sec. 6. One. No money shall be drawn from the treasury except by appropriation made by law; and a regular statement and account of the receipt and expenditure of all public money shall be published from time to time, and, also, with the laws passed by each session of the general assembly. Two. No vote, resolution, law, or order, shall pass, granting a donation, or gratuity, in favor of any person, except by the concurrence of two-thirds of each branch of the general assembly, nor, by any vote, to a sectarian corporation or association. Three. No law or section of the code shall be amended or repealed by mere reference to its title, or to the number of the section in the code, but the amending or repealing act shall distinctly and fully describe the law to be amended or repealed, as well as the alteration to be made; but this clause shall be construed as directory only to the general assembly. Four. No law shall be passed by which a citizen shall be compelled against his consent, directly or indirectly, to become a stockholder in, or contribute to, any railroad or work of public improvement, except in the case of the inhabitants of a corporate town or city. In such cases, the general assembly may permit the corporate authorities to take such stock, or make such contribution, or engage in such work, after a majority of the qualified voters of such town or city, voting at an election held for the purpose, shall have voted in favor of the same; but not otherwise. Five. The general assembly shall have no power to grant corporate powers and privileges to private companies, except to banking, insurance, railroad, canal, navigation, mining, express, lumber, manufacturing, and telegraph companies; nor to make or change, election precincts; nor to establish bridges or ferries; nor to change names or legitimate children; but it shall prescribe, by law, the manner in which such powers shall be exercised by the courts. But no charter for any bank shall be granted or extended, and no act passed authorizing the suspension of specie payments by any bank, except by a vote of two-thirds of the general assembly. The general assembly shall pass no law naming the State a stockholder in any corporate company; nor shall the credit of the State be granted or loaned to aid any company without a provision that the whole property of the company shall be bound for the security of the State, prior to any other debt or lien, except to laborers; nor to any company in which there is not already an equal amount invested by private persons; nor for any other object than a work of public improvement. No provision in this constitution for a two-thirds vote of both houses of the general assembly shall be construed to waive the necessity for the signature of the governor, as in any other cases, except in the case of the two-thirds vote required to override the veto. Article IV: EXECUTIVE DEPARTMENT Section 1. One. The executive power shall be vested in a governor, who shall hold his office during the term of four years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary, established by law, which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive within that period any other emolument from the United States, or either of them, or from any foreign power. Two. After the first election, the governor shall be elected quadrennially, by the persons qualified to vote for members of the general assembly, on the Tuesday after the first Monday in November, until such time be altered by law, which election shall be held at the places of holding general elections in the several counties of this State, in the same manner as is prescribed for the election of members of the general assembly. The returns for every election of governor, after the first, shall be sealed up by the managers, separately from other returns, and directed to the president of the senate and speaker of the house of representatives, and transmitted to his excellency the governor, or the person exercising the duties of governor for the time being, who shall, without opening the said returns, cause the same to be laid before the senate on the day after the two houses shall have been organized; and they shall be transmitted by the senate to the house of representatives. The members of each branch of the general assembly shall convene in the representative hall, and the president of the senate and the speaker of the house of representatives shall open and publish the returns in the presence of the general assembly; and the person having the majority of the whole number of votes given shall be declared duly elected governor of this State; but if no person have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the legislature to elect, the general assembly shall immediately elect a governor viva voce; and in all cases of election of a governor by the general assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. Three. No person shall be eligible to the office of governor who shall not have been a citizen of the United States fifteen years, and a citizen of this State six years, and who shall not have attained the age of thirty years. Four. In case of the death, resignation, or disability of the governor, the president of the senate shall exercise the executive powers of the government until such disability be removed or a successor is elected and qualified. And in case of the death, resignation, or disability of the president of the senate, the speaker of the house of representatives shall exercise the executive powers of the government until the removal of the disability or the election and qualification of a governor. The general assembly shall have power to provide by law for filling unexpired terms by a special election. Five. The governor shall, before he enters on the duties of his office, take the following oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the constitution thereof, and the Constitution of the United States of America.” Sec. 2. One. The governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Two. He shall have power to grant reprieves and pardons, to commute penalties, and to remit any part of a sentence for offences against the State, except in cases of impeachment. Three. He shall issue writs of election to fill all vacancies that happen in the senate or house of representatives, and shall have power to convoke the general assembly on extraordinary occasions, and shall give them, from time to time, information of the state of the commonwealth, and recommend to their consideration such measures as he may deem necessary and expedient. Four. When any office shall become vacant by death, resignation, or otherwise, the governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is appointed, agreeably to the mode pointed out by this constitution, or by law, in pursuance thereof. Five. A person once rejected by the senate shall not be reappointed by the governor to the same office during the same session, or the recess thereafter. Six. The governor shall have the revision of all bills passed by both houses before the same shall become laws, but two-thirds of each house may pass a law, notwithstanding his dissent, and if any bill should not be returned by the governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law, unless the general assembly, by their adjournment, shall prevent its return. He may approve any appropriation and disapprove any other appropriation in the same bill, and the latter shall not be effectual unless passed by two-thirds of each house. Seven. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, according to the rules and limitations prescribed in case of a bill. Eight. There shall be a secretary of state, a comptroller-general, a treasurer, and surveyor-general, elected by the general assembly, and they shall hold their offices for the like period as the governor, and shall have a competent salary, which shall not be increased or diminished during the period for which they shall have been elected. The general assembly may, at any time, consolidate any two of these offices, and require all the duties to be discharged by one officer. Nine. The great seal of the State shall be deposited in the office of the secretary of state, and shall not be affixed to any instrument of writing but by order of the governor, or general assembly; and that now in use shall be the great seal of the State until otherwise provided by law. Ten. The governor shall have power to appoint his own secretaries, not exceeding two in number, unless more shall be authorized by the general assembly. Article V: JUDICIAL DEPARTMENT Section 1. One. The judicial powers of this State shall be vested in a supreme court, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have been or may be established by law. Sec. 2. One. The supreme court shall consist of three judges, two of whom shall constitute a quorum. When a majority of the judges are disqualified from deciding any case, by interest or otherwise, the governor shall designate certain judges of the superior courts to sit in their stead. At the first appointment of judges of the supreme court under this constitution, one shall be appointed for four years, one for eight years, and one for twelve years; but all subsequent appointments, except to fill unexpired terms, shall be for the term of twelve years. Two. The supreme court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors from the superior courts and from the city courts of Savannah and Augusta, and such other like courts as may be hereafter established in other cities; and shall sit at the seat of government at such times in each year as shall be prescribed by law, for the trial and determination of writs of error from said superior and city courts. The days on which the cases from the several circuits and city courts shall be taken up by the court shall be fixed by law. Three. The supreme court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case, unless prevented by providential cause, it shall be stricken from the docket, and the judgment below shall stand affirmed. In any case the court may, in its discretion, withhold its judgment until the next term after the same is argued. Four. When only two judges sit in any case, and they disagree, the judgment below shall stand affirmed. Sec. 3. One. There shall be a judge of the superior courts for each judicial circuit. He may act in other circuits when authorized by law. At the first appointment of such judges under this constitution, one-half of the number (as near as may be) shall be appointed for four years, and the other half for eight years; but all subsequent appointments, except to fill unexpired terms, shall be for the term of eight years. Two. The superior courts shall have exclusive jurisdiction in cases of divorce; in criminal cases, where the offender is subjected to loss of life or confinement in the penitentiary; in cases respecting titles to land and equity cases, except as hereinafter provided; but the general assembly shall have power to merge the common law and equity jurisdiction of said courts. Said courts shall have jurisdiction in all other civil cases, except as hereinafter provided. They shall have appellate jurisdiction in all such cases as may be provided by law; they shall have power to correct errors in inferior judicatories, by writ of certiorari, which shall only issue on the sanction of the judge; and to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as shall be conferred on them by law. Three. There shall be no appeal from one jury in the superior courts to another, but the court may grant new trials on legal grounds. The court shall render judgment without the verdict of a jury in all civil cases founded on contract, where an issuable defence is not filed on oath. Four. The superior courts shall sit in each county not less than twice in each year, at such times as have been or may be appointed by law. Sec. 4. One. Until the general assembly shall otherwise direct, there shall be a district judge and a district attorney for each senatorial district in this State. Two. The district judge shall have jurisdiction to hear and determine all offences not punishable with death or imprisonment in the penitentiary; and it shall be the duty of the district attorney to represent the State in all cases before the district judge. Three. The district judge shall sit at stated times, not less than once in each month in each county in his district for the trial of offences, and at such other times as the general assembly may direct. Four. Offences shall be tried before the district judge on a written accusation founded on affidavit; said accusation shall plainly set forth the offence charged, and shall contain the name of the accuser, and be signed by the district attorney. Five. There shall be no jury-trial before the district judge except when demanded by the accused, in which case the jury shall consist of seven. Six. Such civil jurisdiction may be conferred on the district judges as the general assembly may direct. Seven. The district judges and attorneys shall hold their offices for a period of four years, and shall receive for their services such stated compensation in their respective districts as may be provided by law, but in no event shall their compensation be in anywise dependent on fines, forfeitures, or costs. Sec. 5. One. The powers of a court of ordinary and of probate shall be vested in an ordinary for each county, from whose decision there may be an appeal to the superior court, under regulations prescribed by law. Two. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds and taxes, and other matters, as shall be conferred on them by law. Three. The ordinary shall hold his office for the term of four years, and until his successor is elected and qualified. Sec. 6. One. There shall be in each district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years. Two. The justices of the peace shall have jurisdiction, except as hereinafter provided, in all civil cases where the principal sum claimed does not exceed one hundred dollars, and may sit at any time for the trial of such cases; but in cases where the sum claimed is more than fifty dollars, there may be an appeal to the superior court, under such regulations as may be prescribed by law. Three. There shall be no appeal to a jury from the decision of a justice of the peace, except as provided in the foregoing paragraph. Four. Notaries public may be appointed and commissioned by the governor, not to exceed one for each militia district, for a term of four years, and shall be ex-officio justices of the peace. Sec. 7. One. There shall be an attorney-general of the State, whose official term, except when appointed to fill an unexpired term, shall be four years. Two. It shall be the duty of the attorney-general to act as the legal adviser of the executive department, to represent the State in all civil and criminal cases in the supreme and superior courts when required by the governor, and to perform such other services as shall be required of him by law. Sec. 8. One. There shall be a solicitor-general for each judicial circuit, whose official term, except when appointed to fill an unexpired term, shall be four years. Two. It shall be the duty of the solicitor-general to represent the State in all cases in the superior courts of his circuit, and in all cases taken up from his circuit to the supreme court, and to perform such other services as shall be required of him by law. Sec. 9. One. The judges of the supreme and the superior courts, the attorney-general, solicitors-general, and the district judges and attorneys, shall be appointed by the governor, with the advice and consent of the senate, and shall be removable by the governor on the address of two-thirds of each branch of the general assembly, or by impeachment and conviction thereon. Two. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the governor. They shall be removable on conviction for malpractice in office. Sec. 10. One. The judges of the supreme and superior courts and the attorney and solicitors general shall have, out of the State treasury, adequate and honorable salaries on the specie basis, which shall not be increased or diminished during their continuance in office. The district judges and district attorneys shall receive, out of the treasuries of the several counties of their districts, adequate compensation, on the specie basis, which shall not be increased or diminished during their term of office; but said judges shall not receive any other perquisites or emoluments whatever from parties or others on account of any duty required of them. Two. The general assembly shall provide for the equitable apportionment of the compensation of the district judges and attorneys between the counties composing their districts, and shall require the moneys arising from fines and forfeitures in the district courts to be paid into the treasuries thereof. Three. No person shall be judge of the supreme or superior courts, or attorney-general, unless at the time of his appointment he shall have attained the age of thirty years, and shall have been a citizen of this State three years, and have practised law for seven years. Sec. 11. One. No total divorce shall be granted except on the concurrent verdicts of two juries. When a divorce is granted, the jury rendering the final verdict shall determine the rights and disabilities of the parties, subject to the revision of the court. Sec. 12. One. Divorce cases shall be tried in the county where the defendant resides, if a resident of this State. Two. Criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts when the presiding judge is satisfied that an impartial jury cannot be obtained in such county. Three. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county-line, in which case the superior court of either county shall have jurisdiction. Four. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Five. Suits against joint promisors, copartners, or joint trespassers, residing in different counties, may be tried in either county. Six. Suits against the maker and indorser of promissory notes, or other like instruments, residing in different counties, shall be tried in the county where the maker resides. Seven. All other cases shall be tried in the county where the defendant resides. Sec. 13. One. The right of trial by jury, except where it is otherwise provided in this constitution, shall remain inviolate. Two. The general assembly shall provide by law for the selection of upright and intelligent persons to serve as jurors. There shall be no distinction between the classes of persons who compose grand and petit juries. Jurors shall receive adequate compensation for their services, to be prescribed by law. Sec. 14. One. The courts heretofore existing in this State styled inferior courts are abolished, and their unfinished business, and the duties of the justices thereof, are transferred to such tribunals as the general assembly may designate. Sec. 15. One. The general assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Sec. 16. One. All courts not specially mentioned by name in the first section of this article may be abolished in any county, at the discretion of the general assembly, and the county courts now existing in Georgia are hereby abolished. Sec. 17. One.a No court of officer shall have, nor shall the general assembly give, jurisdiction or authority to try or give judgment on or enforce any debt, the consideration of which was a slave or slaves, or the hire thereof. Two. All contracts made and not executed during the late rebellion, with the intention and for the purpose of aiding and encouraging said rebellion, or where it was the purpose and intention of any one of the parties to such contract to aid or encourage such rebellion, and that fact was known to the other party, whether said contract was made by any person or corporation with the State or Confederate States, or by a corporation with a natural person, or between two or more natural persons, are hereby declared to have been and to be illegal, and all bonds, deeds, promissory notes, bills, or other evidences of debt, made or executed by the parties to such contract, or either of them, in connection with such illegal contract, or as the consideration therefor or in furtherance thereof, are hereby declared null and void, and shall be so held in all courts in this State when attempt shall be made to enforce any such contract or give validity to any such obligation or evidence of debt. And in all cases when the defendant or any one interested in the event of the suit will make a plea, supported by his or her affidavit, that he or she has reason to believe that the obligation or evidence of indebtedness upon which the suit is predicated, or some part thereof, has been given or used for the illegal purpose aforesaid, the burden of proof shall be upon the plantiff to satisfy the court and jury that the bond, deed, note, bill, or other evidence of indebtedness upon which said suit is brought, is or are not, nor is any part thereof, founded upon or in any way connected with any such illegal contract, and has not been used in aid of the rebellion, and the date of such bond, deed, note, bill, or other evidence of indebtedness shall not be evidence that it has or has not, since its date, been issued, transferred, or used in aid of the rebellion. Article VI: EDUCATION One. The general assembly, at its first session after the adoption of this constitution, shall provide a thorough system of general education, to be forever free to all children of the State, the expense of which shall be provided for by taxation or otherwise. Two. The office of State school commissioner is hereby created. He shall be appointed by the governor with the consent of the senate, and shall hold his office for the same term as the governor. The general assembly shall provide for the said commissioner a competent salary and necessary clerks. He shall keep his office at the seat of government. Three. The poll-tax allowed by this constitution, any educational fund now belonging to this State, except the endowment of and debt due to the State university, or that may hereafter be obtained in any way, a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors, which the general assembly is hereby authorized to assess, and the proceeds from the commutation for militia service, are hereby set apart and devoted to the support of common schools. And if the provisions herein made shall, at any time, prove insufficient, the general assembly shall have power to levy such general tax upon the property of the State as may be necessary for the support of said school-system. And there shall be established, as soon as practicable, one or more common schools in each school-district in this State. Article VII: HOMESTEAD AND EXEMPTION Section 1. One Each head of a family, or guardian, or trustee, of a family of minor children, shall be entitled to a homestead of realty to the value of $2,000 in specie, and personal property to the value of $1,000 in specie, both to be valued at the time they are set apart. And no court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, decree, or execution against said property so set apart, including such improvements as may be made thereon, from time to time, except for taxes, money borrowed and expended in the improvement of the homestead, or for the purchase-money of the same, and for labor done thereon, or material furnished therefor, or removal of encumbrances thereon. And it shall be the duty of the general assembly, as early as practicable, to provide, by law, for the setting apart and valuation of said property, and to enact laws for the full and complete protection and security of the same to the sole use and benefit of said families as aforesaid. Two. All property of the wife, in her possession at the time of her marriage, and all property given to, inherited, or acquired by her, shall remain her separate property, and not liable for the debts of her husband. Article VIII: MILITIA Section 1. The militia shall consist of all able-bodied male persons between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State; and shall be organized, officered, armed, equipped, and trained in such manner as may be provided by law; subject to the paramount authority of Congress over this subject. Sec. 2. Volunteer companies of cavalry, infantry, or artillery may be formed in such manner, and with such restrictions, as may be provided by law. Sec. 3. No person conscientiously opposed to bearing arms shall be compelled to do militia duty, but such person shall pay an equivalent for exemption; the amount to be prescribed by law and appropriated to the common-school fund. Article IX: COUNTY OFFICERS One. The county officers recognized as existing by the laws of this State, and not abolished by this constitution, shall, where not otherwise provided for in this constitution, be elected by the qualified voters of their respective counties or districts, and shall hold their offices for two years. They shall be removable on conviction for malpractice in office, or on the address of two-thirds of the senate. Article X: SEAT OF GOVERNMENT One. The seat of government of this State, from and after the date of the ratification of this constitution, shall be in the city of Atlanta, and the general assembly shall provide for the erection of a new capitol, and such other buildings as the public welfare may require. Two. The general assembly shall have power to provide for the temporary removal of the seat of government in case of invasion, pestilence, or other emergency. Article XI: THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE ARE— One. As the supreme law, the Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. Two. As next in authority thereto, this constitution. Three. In subordination to the foregoing, all acts passed by any legislative body, sitting in this State as such, since the 19th day of January, 1861, including that body of laws known as the code of Georgia, and the acts amendatory thereof, or passed since that time, which said code and acts are embodied in the printed book known as “Irwin’s Code;” and also so much of the common and statute laws of England, and of the statute laws of Georgia, as were in force in this State on the 19th day of December, 1860, as are not superseded by said code, though not embodied therein, except so much of the said several statutes, code, and laws as may be inconsistent with the supreme law herein recognized, or may have been passed in aid of the late rebellion against the United States, or may be obsolete, or may refer to persons held in slavery, which excepted laws are inoperative and void; and any future general assembly shall be competent to alter or repeal (if not herein prohibited) any portion of the laws declared to be of force in this third specification of this clause of this article; and if in any of said laws herein declared of force the word “Confederate” occurs before the word “States,” such law is hereby amended by substituting the word “United” for the word “Confederate.” Four. Local and private acts passed for the benefit of counties, cities, towns, corporations, and private persons, not inconsistent with the supreme law, nor with this constitution, and which have not expired or been repealed, shall have the force of statute law, subject to judicial decision as to their validity when passed, and to any limitatons imposed by their own terms. Five. All rights, privileges, and immunities which may have vested in, or accrued to, any person or persons, or corporation, in his, her, or their right, or in any fiduciary capacity, under any act of any legislative body sitting in this State as such, or of any decree, judgment, or order of any court, sitting in this State, under the laws then of force and operation therein, and recognized by the people as a court of competent jurisdiction, since the 19th day of January, 1861, shall be held inviolate by all the courts of this State, unless attacked for fraud, or unless otherwise declared invalid by, or according to, this constitution. Six. The records, dockets, books, papers, and proceedings of any court or office existing in this State by the laws thereof on the 19th of January, 1861, or purporting to exist by said laws, and recognized and generally obeyed by the people, as such, since the said time, and before the several courts and officers provided for by this constitution shall have gone into actual operation, shall be transferred to the several courts and offices of the same name or functions by this constitution provided for, and shall have force and be executed, perfected, and performed therein, and thereby, as follows, and not otherwise, to wit: Final judgments, decrees, proceedings, and acts fully executed and performed, or not requiring performance or execution, shall have full force and effect as though no interruption had taken place in the legal succession of said courts and offices, except as herein otherwise provided. Proceedings not final, and judgments and decrees not fully executed or performed, shall proceed and be performed in such cases, and such cases only, as this constitution, or the laws made in pursuance thereof, confer jurisdiction and authority over the causes of actions on which said cases, judgments, decrees, or proceedings, civil or criminal, are founded: Provided, That all said judgments, decrees, and proceedings shall be subject to be set aside, or reversed, or vacated, by proceedings in the several courts having custody of the records, as though they were the judgments of said courts, and shall be subject always to be explained as to the meaning of the word dollar or dollars, as used in the same, and no motion for a new trial, bill of review, or other proceeding, to vacate any judgment, order, or decree, made since the 19th of January, 1861, by any of said courts, for fraud, illegality, or error of law, shall be denied, by reason of the same not having been moved in time; provided said motion or application is made in twelve months from the adoption of this constitution. Seven. The books, papers, and proceedings of the inferior courts shall be transferred to, and remain in, the control of the ordinaries, who shall perform the duties of said courts until otherwise provided by law. The books, papers, and proceedings of the county courts, and the unfinished business thereof, shall be transferred to the superior courts, and the same shall be finished and performed by the said superior courts and the officers thereof, in such cases, and in such cases only, as the said courts are, by this constitution or the laws made in pursuance thereof, granted jurisdiction over the subject-matter or debts on which said cases and judgments, civil or criminal, are founded. Eight. The cases pending and the judgments had and made in the city courts of Savannah and Augusta, and in the various justices’ courts in this State, shall be finished and the judgments performed by the city courts, and officers and justices provided by this constitution in such cases, and such only, as by this constitution jurisdiction is given to said courts and officers over the causes of action on which they are founded. Nine. The judgments and proceedings of courts and acts of officers within their jurisdiction, as provided by law, shall be valid notwithstanding the judges of said courts or the said officers were appointed by the military authorities of the United States, and any of said judgments, or acts, or proceedings made or done under or by virtue of, or in accordance with, the orders of said military authorities, duly made, are as valid as if done under a law of this State. Ten. These several acts of confirmation shall not be construed to divest any vested right, nor to make any act criminal otherwise not criminal, but they shall be construed as acts of peace and to prevent injustice: Provided, That nothing in this constitution shall be so construed as to make valid any acts done by, or before any such de facto officer, which would, by legalizing such acts, render that criminal which was not criminal when done, or cause any act not legally criminal when done to become criminal by giving validity to such act after it was done; but all such acts shall be held by the courts to be null and void. Eleven. Should this constitution be ratified by the people, and Congress accept the same with any qualifications or conditions, the government herein provided for, and the officers elected shall nevertheless exist and continue in the exercise of their several functions, as the government of this State, so far as the same may be consistent with the action of the United States in the premises. Twelve. The ordinances of this convention on the subject of the first election, and the first general assembly, shall have the force of laws, until they expire by their own limitation, and all other ordinances of a mere legislative character shall have the force of laws, until otherwise provided by the general assembly. Article XII: AMENDMENTS TO THE CONSTITUTION One. This constitution may be amended by a two-thirds vote of two successive legislatures, and by a submission of the amendment to the qualified voters for final ratification. But the general assembly shall not call a convention of the people in the election of delegates to which any person qualified to vote by this constitution shall be disqualified. And the representation in said convention shall be based on population. Nor shall the right of suffrage ever be taken from any person qualified by this constitution to vote. Josiah R. Parrott, President. P. M. Sheibley, Secretary. Source: https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-ii-florida-kansas#lf1514-02_head_138

February 25, 1868 PREAMBLE We the people of the State of Florida, grateful to Almighty God for our freedom, in order to secure its blessings and form a more perfect government, insuring domestic tranquillity, maintaining public order, perpetuating liberty, and guaranteeing equal civil and political rights to all, do establish this constitution: Article I: DECLARATION OF RIGHTS Section 1. All men are by nature free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of its citizens, and they have the right to alter or amend the same whenever the public good may require it; but the paramount allegiance of every citizen is due to the Federal Government, and no power exists with the people of this State to dissolve its connection therewith. Sec. 3. This State shall ever remain a member of the American Union, the people thereof a part of the American nation, and any attempt, from whatever source, or upon whatever pretense, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State. Sec. 4. The right of trial by jury shall be secured to all, and remain inviolate forever; but in all civil cases a jury-trial may be waived by the parties in the manner to be prescribed by law. Sec. 5. The free exercise and enjoyment of religious profession and worship shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness, or practices subversive of the peace and safety of the State. Sec. 6. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of invasion or rebellion, the public safety may require its suspension. Sec. 7. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained. Sec. 8. All persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, the presumption great. Sec. 9. No person shall be tried for a capital or otherwise infamous crime, except in cases of impeachment, and in cases of the militia when in active service in time of war, or which the State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, made under the regulation of the legislature, unless on presentment and indictment by a grand jury; and in any trial by any court the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation. Sec. 10. Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published from good motives, the party shall be acquitted or exonerated. Sec. 11. The people shall have the right to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievance. Sec. 12. All laws of a general nature shall have a uniform operation. Sec. 13. The military shall be subordinate to the civil power. Sec. 14. No soldier shall, in time of peace, be quartered in any house, except with the consent of the owner, nor in time of war, except in manner prescribed by law. Sec. 15. Representatives shall be apportioned according to population, as well as may be, but no county shall have more than four representatives and less than one representative in the assembly. Sec. 16. No person shall be imprisoned for debt, except in case of fraud. Sec. 17. No bill of attainder, or ex post facto law, impairing the obligations of contracts, shall ever be passed. Sec. 18. Foreigners, who are, or who may hereafter become, bona-fide residents of the State, shall enjoy the same rights in respect to possession, enjoyment, and inheritance of property as native-born citizens. Sec. 19. Neither slavery or involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. Sec. 20. The right of the people to be secure in either person, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated, and no warrants issued but in probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons and thing or things to be seized. Sec. 21. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses to the overt act, or confession in open court. This enunciation of rights shall not be construed to impair or deny others retained by the people. Sec. 22. The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State. Sec. 23. No preference can be given by law to any church, sect, or mode of worship. Article II: BOUNDARIES The boundaries of the State of Florida shall be as follows: Commencing at the mouth of the river Perdido; from thence up the middle of said river to where it intersects the south boundary-line of the State of Alabama on the thirty-first degree of north latitude; thence due east to the Chattahoochee River; thence down the middle of said river to its confluence with the Flint River; from thence straight to the head of the Saint Mary’s River; thence down the middle of said river to the Atlantic Ocean; thence southeastwardly, along the coast, to the edge of the Gulf Stream; thence southwestwardly, along the edge of the Gulf Stream and Florida Reefs, to and including the Tortugas Islands; thence northwestwardly to a point five leagues from the mainland; thence northwestwardly five leagues from the shore, including all islands, to a point five leagues due south from the middle of the mouth of Perdido River; thence to the place of beginning. Article III: SEAT OF GOVERNMENT The seat of government shall be and remain permanent at the city of Tallahassee, in the county of Leon, until otherwise located by a majority vote of the legislature, and by a majority vote of the people. Article IV: DISTRIBUTION OF POWER The powers of the government of the State of Florida shall be divided into three departments, to wit, legislative, executive, and judicial. No person properly belonging to one of the departments shall exercise any functions appertaining to either of the others, except in those cases expressly provided for by this constitution. Article V: LEGISLATIVE DEPARTMENT Section 1. The legislative authority of this State shall be vested in a senate and assembly, which shall be designated “The legislature of the State of Florida,” and the sessions thereof shall be held at the seat of government of the State. Sec. 2. The sessions of the legislature shall be annual; the first session on the second Monday of June, ad 1868, and thereafter on the first Tuesday after the first Monday of January, commencing in the year ad 1869. The governor may, in the interim, convene the legislature in extra session by his proclamation. Sec. 3. The members of the assembly shall be chosen biennially; those of the first legislature on the first Monday, Tuesday, and Wednesday of May, ad 1868, and thereafter on the first Tuesday after the first Monday of November, commencing with the year ad 1870. Sec. 4. Senators shall be chosen for the term of four years, at the same time and place as members of the assembly: Provided, That the senators elected at the first election from the senatorial districts designated by even numbers shall vacate their seats at the expiration of two years, and thereafter all senators shall be elected for the term of four years, so that one-half of the whole number shall be elected biennially. Sec. 5. Senators and members of the assembly shall be duly qualified electors in the respective counties and districts which they represent. Sec. 6. Each house shall judge of the qualifications, elections, and returns of its own members; choose its own officers, except the president of the senate, determine the rules of its proceedings, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all the members present, expel a member. Sec. 7. Either house, during the session, may punish by imprisonment any person, not a member, who shall have been guilty of disorderly or contemptuous conduct in its presence; but such imprisonment shall not extend beyond the final adjournment of the session. Sec. 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the presence of absent members in such manner and under such penalties as each house may prescribe. Sec. 9. Any person who shall be convicted of embezzlement or defalcation of the funds of this State, or of having given or offered a bribe to secure his election or appointment to office, or of having received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of honor, profit, or trust in the State; and the legislature shall, as soon as practicable, provide by law for the punishment of such embezzlement, defalcation, or bribery as a felony. Sec. 10. Each house shall keep a journal of its own proceedings, which shall be published, 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 journal. Sec. 11. The doors of each house shall be kept open during its session, except the senate while sitting in executive session; and neither shall, without the consent of the other, adjourn for more than three days, or to any other town than that in which they may be holding their session. Sec. 12. Any bill may originate in either house of the legislature, and after being passed in one house may be amended in the other. Sec. 13. The enacting clause of every law shall be as follows: “The people of the State of Florida, represented in senate and assembly, do enact as follows.” Sec. 14. Each law enacted in the legislature shall embrace but one subject, and matters properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be amended or revised by reference to its title only, but in such case the act as revised, or section as amended, shall be reënacted and published at length. Sec. 15. Every bill shall be read by sections in three several days in in each house, unless, in case of emergency, two-thirds of the house where such bill may be pending shall deem it expedient to dispense with this rule; but the reading of a bill by sections on its final passage shall in no case be dispensed with; and the vote on the final passage of every bill, or joint resolution, shall be taken by yeas and nays, to be entered in the journal of each house, and a majority of the members present in each house shall be necessary to pass every bill or joint resolution, and all bills or point resolutions so passed shall be signed by the presiding officers of the respective houses, and by the secretary of the senate and clerk of the assembly. Sec. 16. No money shall be drawn from the treasury except by appropriation made by law, and accurate statements of the receipts and expenditures of the public money shall be attached to and published with the laws passed at every regular session of the legislature. Sec. 17. The legislature shall not pass special or local laws in any of the following enumerated cases, that is to say: regulating the jurisdiction and duties of any class of officers, or for the punishment of crime or misdemeanor; regulating the practices of courts of justice; providing for changing venue of civil and criminal cases; granting divorces; changing the names of persons; vacating roads, town-plats, streets, alleys, and public squares; summoning and impanelling grand and petit juries, and providing for their compensation; regulating county, township, and municipal business; regulating the election of county, township, and municipal officers; or the assessment and collection of taxes for State, county, and municipal purposes; providing for opening and conducting elections for State, county, and municipal officers, and designating the places of voting; providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities; regulating the fees of officers. Sec. 18. In all cases enumerated in the preceding section, and in all other cases where general law can be made applicable, all laws shall be general and of uniform operation throughout the State. Sec. 19. Provision may be made by general law for bringing suit against the State as to all liabilities now existing or hereafter originating. Sec. 20. Lotteries are hereby prohibited in this State. Sec. 21. The legislature shall establish a uniform system of county, township, and municipal government. Sec. 22. The legislature shall provide by general law for incorporating such municipal, educational, agricultural, mechanical, mining, and other useful companies or associations as may be deemed necessary. Sec. 23. Laws shall be passed regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. Sec. 24. Regular sessions of the legislature may extend to sixty days, but any special session convened by the governor shall not exceed twenty days. Sec. 25. All property, both real and personal, of the wife, owned by her before marriage, or acquired afterward by gift, devise, descent, or purchase, shall be her separate property, and not liable for the debts of her husband. Sec. 26. The legislature shall provide for the election by the people, or appointment by the governor, of all State, county, or municipal officers not otherwise provided for by this constitution, and fix by law their duties and compensation. Sec. 27. Every bill which may have passed the legislature shall, before becoming a law, be presented to the governor; if he approves it he shall sign it, but if not, he shall return it with his objections to the house in which it originated, which house shall cause such objections to be entered upon its journals, and proceed to reconsider it; if after such reconsideration it shall pass both houses by a two-thirds vote of the members present, which vote shall be entered on the journal of each house, it shall become a law. If any bill shall not be returned within five days (Sundays excepted) after it shall have been presented to the governor, the same shall be a law, in like manner as if he had signed it. If the legislature by its final adjournment prevent such action, such bill shall be a law, unless the governor, within ten days next after the adjournment, shall file such bill with his objections thereto in the office of the secretary of state, who shall lay the same before the legislature at its next session, and if the same shall receive two-thirds of the votes present it shall become a law. Sec. 28. The assembly shall have the sole power of impeachment, but a vote of two-thirds of all the members present shall be required to impeach any officer; and all impeachments shall be tried by the senate when sitting for that purpose. The senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. The chief-justice shall preside at all trials by impeachment, except in the trial of the chief-justice, when the lieutenant-governor shall preside. The governor, lieutenant-governor, members of the cabinet, justices of the supreme court, and judges of the circuit court, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other officers who shall have been appointed to office by the governor, and by and with the consent of the senate, may be removed from office upon the recommendation of the governor and consent of the senate, but they shall nevertheless be liable to indictment, trial, and punishment according to law for any misdemeanor in office; all other civil officers shall be tried for misdemeanors in office in such manner as the legislature may provide. Sec. 29. The legislature shall elect United States Senators in the manner prescribed by the Congress of the United States and by this constitution. Sec. 30. Laws making appropriation for the salaries of public officers, and other current expenses of the State, shall contain provisions on no other subject. Article VI: EXECUTIVE DEPARTMENT Section 1. The supreme executive power of the State shall be vested in a chief magistrate, who shall be styled the governor of Florida. Sec. 2. The governor shall be elected by the qualified electors at the same time and places of voting for the members of the legislature, and shall hold his office for four years from the time of his installation: Provided, That the term of the first governor elected under this constitution shall expire at the opening of the regular session of the legislature of ad 1873, and until his successor shall be qualified. He shall take the oath of office prescribed for all State officers. Sec. 3. No person shall be eligible to the office of governor who is not a qualified elector, and who has not been nine years a citizen of the United States, and three years of the State of Florida, next preceding the time of his election. Sec. 4. The governor shall be commander-in-chief of the military forces of the State, except when they shall be called into the service of the United States. Sec. 5. He shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the administrative department upon any subject relating to the duties of their respective offices. Sec. 6. He shall see that the laws are faithfully executed. Sec. 7. When any office, from any cause, shall become vacant, and no mode is provided by this constitution or by the laws of the State for filling such vavancy, the governor shall have the power to fill such vacancy by granting a commission which shall expire at the next election. Sec. 8. The governor may, on extraordinary occasions, convene the legislature by proclamation, and shall state to both houses, when organized, the purpose for which they have been convened, and the legislature then shall transact no legislative business except that for which they are especially convened, or such other legislative business as the governor may call to the attention of the legislature while in session, except by the unanimous consent of both houses. Sec. 9. He shall communicate by message to the legislature at each regular session the condition of the State, and recommend such measures as he may deem expedient. Sec. 10. In case of a disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the legislature to such time as he may think proper, provided it is not beyond the time fixed for the meeting of the next legislature. Sec. 11. The governor shall have power to suspend the collection of fines and forfeitures, and grant reprieves for a period not exceeding sixty days, dating from the time of conviction, for all offences, except in cases of impeachment. Upon conviction for treason he shall have power to suspend the execution of sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve; and if the legislature shall fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the governor may by his order direct. The governor shall communicate to the legislature at the beginning of every session every case of fine or forfeiture remitted or reprieved, pardon or commutation granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, and the date of its remission, commutation, pardon, or reprieve. Sec. 12. The governor, justices of the supreme court, and attorney-general, or a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may deem proper, remit fines and forfeitures, commute punishments, and grant pardons after conviction, in all cases except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Sec. 13. The grants and commissions shall be in the name and under the authority of the State of Florida, sealed by the great seal of the State, signed by the governor, and countersigned by the secretary of state. Sec. 14. A lieutenant-governor shall be elected at the same time and places, and in the same manner, as the governor, whose term of office and eligibility shall also be the same. He shall be the president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor the lieutenant-governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the president pro tempore of the senate shall act as governor until the office be filled or the disability cease. Sec. 15. In the case of the impeachment of the governor, or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease; but the governor shall not, without the consent of the legislature, be out of the State in time of war. Sec. 16. The governor may at any time require the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution, or upon any point of law, and the supreme court shall render such opinion in writing. Sec. 17. The governor shall be assisted by a cabinet of administrative officers, consisting of a secretary of state, attorney-general, comptroller, treasurer, surveyor-general, superintendent of public instruction, adjutant-general, and commissioner of immigration. Such officers shall be appointed by the governor, and confirmed by the senate, and shall hold their offices the same time as the governor, or until their successors shall be qualified. Sec. 18. The governor shall, by and with the consent of the senate, appoint all commissioned officers of the State militia. Sec. 19. The governor shall appoint, by and with the consent of the senate, in each county, an assessor of taxes and collector of revenue, whose duties shall be prescribed by law, and who shall hold their offices for two years, and be subject to removal upon the recommendation of the governor and consent of the senate. The governor shall appoint in each county a county treasurer, county surveyor, superintendent of common schools, and five county commissioners, each of whom shall hold his office for two years, the duties of which shall be prescribed by law. Such officers shall be subject to removal by the governor when in his judgment the public welfare will be advanced thereby: Provided, No officer shall be removed except for wilful neglect of duty, or a violation of the criminal laws of the State, or for incompetency. Sec. 20. The governor and cabinet shall constitute a board of commissioners of State institutions, which board shall have supervision of all matters connected therewith, in such manner as shall be prescribed by law. Sec. 21. The governor shall have power, in cases of insurrection or rebellion, to suspend the writ of habeas corpus within the State. Article VII: JUDICIAL DEPARTMENT Section 1. The judicial power of the State shall be vested in a supreme court, circuit courts, county courts, and justices of the peace. Sec. 2. The style of all process shall be, “The State of Florida;” and all prosecutions shall be conducted in the name and by the authority of the same. Sec. 3. The supreme court shall consist of a chief-justice and two associate justices, who shall hold their offices for life or during good behavior. They shall be appointed by the governor and confirmed by the senate. Sec. 4. The majority of the justices of the supreme court shall constitute a quorum for the transaction of all business. The supreme court shall hold three terms each year, in the supreme court room at the seat of government. Such terms shall commence on the second Tuesday of October, January, and April, respectively. Sec. 5. The supreme court shall have appellate jurisdiction in all cases in equity, also in all cases of law in which is involved the title to or right of possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand or the value of the property in controversy exceeds three hundred dollars; also in all other civil cases not included in the general subdivisions of law and equity; also in all questions of law alone, in all criminal cases in which the offences charged amount to felony. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the supreme court, or before any circuit court in the State, or before any judge of said courts. Sec. 6. The supreme court shall appoint a clerk of the supreme court, who shall have his office at the capitol, and shall be librarian of the supreme court library; he shall hold his office until his successor is appointed and qualified. Sec. 7. There shall be seven circuit judges appointed by the governor, and confirmed by the senate, who shall hold their office for eight years. The State shall be divided into seven judicial districts, the limits of which are defined in this constitution, and one judge shall be assigned to each circuit. Such judge shall hold two terms of his court in each county within his circuit each year, at such times and places as shall be prescribed by law. The chief-justice may, in his discretion, order a temporary exchange of circuits by the respective judges, or any judge to hold one or more terms in any other circuit than that to which he is assigned. The judge shall reside in the circuit in which he is assigned. Sec. 8. The circuit courts in their several judicial circuits shall have original jurisdiction in all cases of equity; also in all cases at law which involve the title or the right of possession to, or the possession of, or the boundaries of real property; of the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand or the value of property in controversy exceeds three hundred dollars, and of the action of forcible entry and unlawful detainer, and also in all criminal cases amounting to felony. They shall have final appellate jurisdiction in all civil cases arising in the county court in which the amount in controversy is one hundred dollars and upwards, and in all cases of misdemeanor. The circuit courts and the judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction, and also shall have power to issue writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective circuits. Sec. 9. There shall be a county court organized in each county. The governor shall appoint a county judge for each county, who shall be confirmed by the senate, and such judge shall hold his office for four years from the date of his commission, or until his successor is appointed and qualified. Sec. 10. The county court shall be a court of oyer and terminer. Sec. 11. The county court shall have jurisdiction of all misdemeanors and all civil cases where the amount in controversy does not exceed three hundred dollars; and its jurisdiction shall be final in all civil cases where the amount in controversy does not exceed one hundred dollars; but in no case shall the county court have jurisdiction when the title or boundaries of real estate is in controversy, or where the jurisdiction will conflict with that of the several courts of record; but they may have coextensive jurisdiction with the circuit courts in cases of forcible entry and unlawful detention of real estate, subject to appeal to the circuit court. The county court shall have full surrogate or probate powers, but subject to appeal. Provision shall be made by law for all other powers, duties, and responsibilities of the county courts and judges. There shall be a regular trial-term of the county courts six times in each year, at such times and places as may be prescribed by law. Sec. 12. The grand and petit jurors shall be taken from the registered voters of the respective counties. Sec. 13. In all trials, civil and criminal, in the circuit and county courts, the evidence shall be reduced to writing by the clerk of the court or his deputy, under the control of the court; and every witness after his examination shall have done, shall be at liberty to correct the evidence he has given, and afterwards shall sign the same; such evidence shall be filed in the office of the clerk, with the papers in the case. Sec. 14. All pleas shall be sworn to either by the parties or their attorneys. Sec. 15. The governor shall appoint as many justices of the peace as he may deem necessary. Justices of the peace shall have criminal jurisdiction and civil jurisdiction not to exceed fifty dollars, but this shall not extend to the trial of any person for misdemeanor or crime. The duties of justice of the peace shall be fixed by law. Justices of the peace shall hold their offices during good behavior, subject to removals by the governor at his own discretion. Sec. 16. The legislature may establish courts for municipal purposes only in incorporated towns and cities. All laws for the organization or government of municipal courts shall be general in their provisions, and be equally applicable to the municipal courts of all incorporated towns and cities. Sec. 17. Any civil cause may be tried before a practising attorney as referee, upon the application of the parties, and an order from the court in whose jurisdiction the case may be authorizing such trial and appointing such referee. Such referee shall keep a complete record of the case, including the evidence taken, and such record shall be filed with the papers in the case in the office of the clerk, subject to an appeal in the manner prescribed by law. Sec. 18. No other courts than those herein specified shall be organized in this State. Sec. 19. The governor, by and with the advice and consent of the senate, shall appoint a State attorney in each judicial circuit, whose duties shall be prescribed by law. He shall hold his office for four years from the date of his commission, and until his successor shall be appointed and qualified. The governor, by and with the advice and consent of the senate, shall appoint in each county a sheriff and clerk of the circuit court, who shall also be clerk of the county court and board of county commissioners, recorder, and ex-officio auditor of the county, each of whom shall hold his office for four years. Their duties shall be prescribed by law. Sec. 20. A constable shall be elected by the registered voters in each county for every two hundred registered voters; but each county shall be entitled to at least two constables, and no county shall have more than twelve constables. They shall perform such duties and under such instructions as shall be prescribed by law. Sec. 21. Attorneys at law, who have been admitted to practice in any court of record in any State in the Union, or to any United States court, shall be admitted to practice in any court of this State on producing evidence of having been so admitted. Article VIII: ADMINISTRATIVE DEPARTMENT Section 1. There shall be a cabinet of administrative officers, consisting of a secretary of state, attorney-general, comptroller, treasurer, surveyor-general, and superintendent of public instruction, adjutant-general, and commissioner of immigration, who shall assist the governor in the performance of his duties. Sec. 2. The secretary of state shall keep the records of official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall be the custodian of the great seal of the State. Sec. 3. The attorney-general shall be the legal adviser of the governor and of each of the cabinet officers, and shall perform such other legal duties as the governor may direct, or as may be provided by law. He shall be reporter for the supreme court. Sec. 4. The treasurer shall receive and keep all funds, bonds, or other securities, in such manner as may be provided by law, and shall disburse no funds, bonds, or other securities, except upon the order of the comptroller, countersigned by the governor, in such manner as shall be prescribed by law. Sec. 5. The duties of the comptroller shall be prescribed by law. Sec. 6. The surveyor-general shall have the administrative supervision of all matters pertaining to the public lands, under such regulations as shall be prescribed by law. Sec. 7. The superintendent of public instruction shall have the administrative supervision of all matters pertaining to public instruction; the supervision of buildings devoted to educational purposes, and the libraries belonging to the university and the common schools. He shall organize a historical bureau for the purpose of accumulating such matter and information as may be necessary for compiling the history of the State. He shall also establish a cabinet of minerals and other natural productions. Sec. 8. The adjutant-general shall, under the orders of the governor, have the administrative supervision of the military department, and the supervision of State prison, and of the quarantine of the coast, in such manner as shall be prescribed by law. Sec. 9. The commissioner of immigration shall organize a bureau of immigration for the purposes of furnishing information and for the encouragement of immigration. The office of commissioner of immigration shall expire at the end of fifteen years from the ratification of this constitution, but the legislature shall have power to continue it by law. Sec. 10. Each officer of the cabinet shall make a full report of his official acts, of the receipts and expenditures of his office, and of the requirements of the same, to the governor, at the beginning of each regular session of the legislature, or whenever the governor shall require it. Such reports shall be laid before the legislature by the governor at the beginning of each regular session thereof. Either house of the legislature may at any time call upon any cabinet officer for information required by it. Article IX: EDUCATION Section 1. It is the paramount duty of the State to make ample provision for the education of all the children residing within its borders, without distinction or preference. Sec. 2. The legislature shall provide a uniform system of common schools, and a university, and shall provide for the liberal maintenance of the same. Instruction in them shall be free. Sec. 3. There shall be a superintendent of public instruction, whose term of office shall be four years, and until the appointment and qualification of his successor. He shall have general supervision of the educational interests of the State. His duties shall be prescribed by law. Sec. 4. The common-school fund, the interest of which shall be exclusively applied to the support and maintenance of common schools and purchase of suitable libraries and apparatus therefor, shall be derived from the following sources: The proceeds of all lands that have been or may hereafter be granted to the State by the United States for educational purposes; donations by individuals for educational purposes; appropriations by the State; the proceeds of lands or other property which may accrue to the State by escheat to forfeiture; the proceeds of all property granted to the State, when the purpose of such grant shall not be specified; all moneys which may be paid as an exemption from military duty; all fines collected under the penal laws of this State; such portion of the per-capita tax as may be prescribed by law for educational purposes; twenty-five per centum of the sales of public lands which are now or hereafter may be owned by the State. Sec. 5. A special tax of not less than one mill on the dollar of all taxable property in the State, in addition to the other means provided, shall be levied and apportioned annually for the support and maintenance of common schools. Sec. 6. The principal of the common-school fund shall remain sacred and inviolate. Sec. 7. Provision shall be made by law for the distribution of the common-school fund among the several counties of the State in proportion to the number of children residing therein between the ages of four and twenty-one years. Sec. 8. Each county shall be required to raise annually by tax, for the support of common schools therein, a sum not less than one-half the amount apportional to each county for that year from the income of the common-school fund. Any school-district neglecting to establish and maintain for at least three months in each year such school or schools as may be provided by law for such district shall forfeit its portion of the common-school fund during such neglect. Sec. 9. The superintendent of public instruction, secretary of state, and attorney-general, shall constitute a body-corporate, to be known as the board of education of Florida. The superintendent of public instruction shall be president thereof. The duties of the board of education shall be prescribed by the legislature. Article X: HOMESTEAD Section 1. A homestead, to the extent of one hundred and sixty acres of land, or the half of one acre within the limits of any incorporated city or town, owned by the head of a family, residing in this State, together with one thousand dollars in value of personal property, and the improvements on the real estate, shall be exempted from forced sale under any process of law, and the real estate shall not be alienable without the joint consent of husband and wife, when that relation exists. But no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon, or for house, field, or other labor performed on the same. The exemption herein provided for in a city or town shall not extend to more improvements or buildings than the residences and business houses of the owner. Sec. 2. In addition to the exemption provided for in the first section of this article, there shall be and remain exempt from sale by any legal process in this State, to the head of a family residing in this State, such property as he or she may select to the amount of one thousand dollars; said exemption in this section shall only prevent the sale of property in cases where the debt was contracted, liability incurred, or judgment obtained before the 10th day of May, ad 1865. Nothing herein contained shall be so construed as to exempt any property from sale for payment of the purchase-money of the same, or for the payment of taxes or labor. Sec. 3. The exemptions provided for in sections one and two of this article shall accrue to the heirs of the party having enjoyed or taken the benefit of such exemption, and the exemption provided for in section one of this article shall apply to all debts except as specified in said section, no matter when or where the debt was contracted or liability incurred. Article XI: PUBLIC INSTITUTIONS Section 1. Institutions for the benefit of the insane, blind, and deaf, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be provided by law. Sec. 2. A State prison shall be established and maintained in such a manner as may be fixed by law. Provision may be made by law for the establishment and maintenance of a house of refuge for juvenile offenders, and the legislature shall have power to establish a home and workhouse for common vagrants. Sec. 3. The respective courts of the State shall provide in the manner fixed by law for those of the inhabitants who, by reason of age, infirmity, or misfortunes, may have claims upon the aid and sympathy of society. Article XII: MILITIA Section 1. All able-bodied male inhabitants of this State, between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention to become citizens thereof, shall constitute the militia of the State, but no male citizen of whatever religious creed or opinion shall be exempt from military duty except upon such conditions as may be prescribed by law. Sec. 2. The legislature shall provide by law for organizing and disciplining the militia of the State, for the encouragement of volunteer corps, the safe-keeping of the public arms, and for a guard for the State prison. Sec. 3. The adjutant-general shall have the grade of major-general. The governor, by and with the consent of the senate, shall appoint two major-generals and four brigadier-generals of militia; they shall take rank according to the date of their commissions. The officers and soldiers of the State militia, when uniformed, shall wear the uniform prescribed for the United States Army. Sec. 4. The governor shall have power to call out the militia to preserve the public peace, to execute the laws of the State, and to suppress insurrection or repel invasion. Article XIII: TAXATION AND FINANCE Section 1. The legislature shall provide for a uniform and equal rate of taxation, and shall prescribe such regulations as shall secure a just valuation of all property, both real and personal, excepting such property as may be exempt by law for municipal, educational, literary, scientific, religious, or charitable purposes. Sec. 2. The legislature shall provide for raising revenue sufficient to defray the expenses of the State for each fiscal year, and also a sufficient sum to pay the principal and interest of the existing indebtedness of the State. Sec. 3. No tax shall be levied except in pursuance of law. Sec. 4. No moneys shall be drawn from the treasury except in pursuance of appropriation made by law. Sec. 5. An accurate statement of the receipts and expenditures of the public moneys shall be published with the laws of each regular session of the legislature. Sec. 6. The legislature shall authorize the several counties and incorporated towns in the State to impose taxes for county and incorporation purposes, and for no other purpose, and all property shall be taxed upon the principle established for State taxation. The legislature may also provide for levying a specific capitation tax on licenses. But the capitation tax shall not exceed one dollar per annum for all purposes, excepting for State, county, or municipal taxes. Sec. 7. The legislature shall have power to provide for issuing State bonds bearing interest, for securing the debt of the State, and for the erection of State buildings, support of State institutions, and perfecting public works. Sec. 8. No tax shall be levied upon persons for the benefit of any chartered company of the State, or for paying the interest on any bonds issued by said chartered companies, counties, or corporations, for the above-mentioned purposes, and any laws to the contrary are hereby declared null and void. Article XIV: CENSUS AND APPORTIONMENT The legislature shall, in the year one thousand eight hundred and seventy-five, and every tenth year thereafter, cause an enumeration to be made of all the inhabitants of the State; and they shall then proceed to apportion the representation among the different counties, giving to each county one representative at large, and one additional to every one thousand registered votes therein, but no county shall be entitled to more than four representatives. The legislature shall also, after every such enumeration, proceed to fix by law the number of senators which shall constitute the senate of Florida, and which shall never be less than one-fourth nor more than one-half of the whole number of the assembly. When any senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district, and no county shall be divided in forming a district, and all counties shall remain as now organized unless changed by a two-thirds vote of both houses of the legislature. Article XV: SUFFRAGE AND ELIGIBILITY Section 1. Every male person of the age of twenty-one years and upwards, of whatever race, color, nationality, or previous condition, or who shall, at the time of offering to vote, be a citizen of the United States, or who shall have declared his intention to become such in conformity to the laws of the United States, and who shall have resided and had his habitation, domicile, home, and place of permanent abode in Florida for one year, and in the county for six months, next preceding the election at which he shall offer to vote, shall in such county be deemed a qualified elector at all elections under this constitution. Every elector shall, at the time of his registration, take and subscribe to the following oath: “I, ——— ———, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and the constitution and government of Florida, against all enemies, foreign or domestic; that I will bear true faith, loyalty, and allegiance to the same, any ordinances or resolution of any State convention or legislation to the contrary notwithstanding: so help me God.” Sec. 2. No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election; nor shall any person convicted of felony be qualified to vote at any election unless restored to civil rights. Sec. 3. At any election at which a citizen or subject of any foreign country shall offer to vote, under the provisions of this constitution, he shall present to the persons lawfully authorized to conduct and supervise such election a duly sealed and certified copy of his declaration of intention; otherwise he shall not be allowed to vote; and any naturalized citizen offering to vote, shall produce before said persons, lawfully authorized to conduce and supervise the election, his certificate of naturalization, or a duly sealed and certified copy thereof; otherwise he shall not be permitted to vote. Sec. 4. The legislature shall have power, and shall enact the necessary laws to exclude from every office of honor, power, trust, or profit, civil or military, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, larceny, or of infamous crime, or who shall make, or become directly or indirectly interested in, any bet or wager, the result of which shall depend upon any election; or who shall hereafter fight a duel, or send or accept a challenge to fight, or who shall be a second to either party, or be the bearer of such challenge or acceptance; but the legal disability shall not accrue until after trial and conviction by due form of law. Sec. 5. In all elections by the legislature the vote shall be viva voce, and in all elections by the people the vote shall be by ballot. Sec. 6. The legislature at its first session after the ratification of this constitution shall by law provide for the registration, by the clerks of the circuit court in each county, of all the legally qualified voters in such county, and for the returns of elections; and shall also provide that after the completion, from time to time, of such registration, no person not duly registered according to law shall be allowed to vote. Sec. 7. The legislature shall enact laws requiring educational qualifications for electors after the year one thousand eight hundred and eighty, but no such laws shall be made applicable to any elector who may have registered or voted at any election previous thereto. Article XVI: SCHEDULE Section 1. That all ordinances and resolutions heretofore passed by any convention of the people, and all acts and resolutions of the legislature, conflicting or inconsistent with the Constitution of the United States, and the statutes thereof, and with this constitution, and in derogation of the existence or position of the State as one of the States of the United States of America, are hereby declared null and void, and of no effect. Sec. 2. That all acts and resolutions of the general assembly, and all official acts of the civil officers of the State, not inconsistent with the provisions of the Constitution and statutes of the United States, or with this constitution, or with any ordinance or resolution adopted by this convention, and which have not been, and are not by this constitution, annulled, are in force, and shall be considered and esteemed as the laws of the State until such acts or resolutions shall be repealed by the legislature of the State, or this convention. Sec. 3. All laws of the State passed by the so-called general assembly since the 10th day of January, ad 1868, not conflicting with the word and spirit of the Constitution and laws of the United States, or with this constitution, shall be valid; all writs, acts, proceedings, judgments, and decrees of the so-called courts of the State, when actual service was made, as the defendant, all executions and sales made thereunder, and all acts, orders, and proceedings of the judges of probate, and of executors, administrators, guardians, and trustees, provided they were in conformity with the laws then in force, and did not conflict with the Constitution and laws of the United States and this constitution, shall be valid; the sales of the property or effects of deceased persons shall not prevent the widow from claiming said property in kind, in whosesoever hands the same may be found, where the sale had not been made for the purpose of paying the debts of deceased, and where other than lawful money of the United States was obtained for said property. Nothing herein contained shall be so construed as to make any one who was an officer of any court, or who acted under the authority of any court, individually liable, provided they acted strictly in accordance with what was then considered the law of the State, and not conflicting with the Constitution and laws of the United States. All fines, penalties, forfeitures, obligations, and escheats heretofore accruing to the State of Florida shall continue to accrue to the use of the State. All recognizances heretofore taken shall remain valid, and all bonds executed to the governor of the State of Florida, either before or since the 10th day of January, ad 1861, or to any other officer of the State, in his official capacity, shall be of full force and virtue, for the uses therein respectively expressed, and may be sued for and recovered accordingly, unless they were contrary to the laws of the United States or to this constitution, or to any ordinance or resolution adopted by the convention; also, all criminal prosecutions which have arisen may be prosecuted to judgment and execution in the name of the State. All actions at law or suits in chancery, or any proceedings pending in the courts of this State, either prior to or subsequent to the 10th day of January, ad 1861, shall continue in all respects valid, and may be prosecuted to judgment and decree. All judgments and decrees rendered in civil causes in any of the courts of the State during the period of time above specified are hereby declared of full force, validity, and effect: Provided, That, unless otherwise provided in this constitution, the statute of limitation shall not be pleaded upon any claim in the hands of any person for the period of time between the 10th day of January, ad 1861, and the 25th day of October, 1865, whether proceedings at law had been commenced before the 25th day of October, 1865, or not: Provided, further, That all claims of widows, minors, and decedents, which were not barred by the statutes of this State on the 10th day of January, 1861, shall be considered good and valid for the period of two years from the ratification of this constitution. Sec. 4. That State treasury notes, all bonds issued, and all other liabilities contracted by the State of Florida, or any county or city thereof, on and after the 10th day of January, ad 1861, and before the 25th day of October, ad 1865, except such liabilities as may be due to the seminary or school fund, be and are declared null and void, and the legislature shall have no power to provide for the payment of the same or any part thereof, but this shall not be construed so as to invalidate any authorized liabilities of the State contracted prior to the 10th day of January, ad 1861, or subsequent to the 25th day of October, ad 1865. Sec. 5. No money shall ever be appropriated by this State to reimburse purchasers of United States land who purchased the same of the State of Florida. Sec. 6. All proceedings, decisions, or actions accomplished by civil or military officers acting under authority of the United States subsequent to the 10th day of January, 1861, and prior to the final restoration of the State to the Government of the United States, are hereby declared valid, and shall not be subject to adjudication in the courts of this State; nor shall any person acting in the capacity of a soldier or officer of the United States, civil or military, be subject to arrest for any act performed by him pursuant to authorized instructions from his superior officers during the period of time above designated. Sec. 7. That in all cases where judgments have been obtained against citizens of the State after the 10th day of January, 1861, previous to the 25th day of October, 1865, and where actual service was not made on the person of any defendant, such defendant, not served with process, may appear in court within one year after the adoption of this constitution, and make oath that injustice has been done and that he or she has a good and valid defence, stating the defence, and upon making such oath and filing said defence, the proceedings in the judgment shall cease until the defence is heard. Article XVII: MISCELLANEOUS Section 1. Any person debarred from holding office in the State of Florida by the third section of the fourteenth article of the proposed amendment to the Constitution of the United States, which is as follows: “No person shall be a Senator or Representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability,” is hereby debarred from holding office in this State: Provided, That whenever such disability from holding office shall be removed from any person by the Congress of the United States, the removal of such disability shall also apply to this State, and such person shall be restored, in all respects, to the rights of citizenship as herein provided for electors. Sec. 2. Any person elected to the Senate of the United States by the legislature of this State, or any person elected by the people, or appointed to office by the governor of the State, or by any officer of the State, under the provisions of the constitution adopted by the convention of the people, convened on the 25th day of October, 1865, shall not be empowered to hold such office after the same position or office shall have been filled by election or appointment under the provisions of this constitution: Provided, That all officers holding office under the provisions of the constitution adopted the 25th day of October, ad 1865, and not provided for in this constitution, shall continue to hold their respective offices, and discharge the duties thereof, until the governor shall, by his proclamation, declare such offices vacant. Sec. 3. The several judicial circuits of the circuit courts shall be as follows: The first judicial circuit shall be composed of the counties of Escambia, Santa Rosa, Walton, Holmes, Washington, and Jackson; the second judicial circuit shall be composed of the counties of Gadsden, Liberty, Calhoun, Franklin, Leon, Wakulla, and Jefferson; the third judicial circuit shall be composed of the counties of Madison, Taylor, La Fayette, Hamilton, Suwannee, and Columbia; the fourth judicial circuit shall be composed of the counties of Nassau, Duval, Baker, Bradford, Clay, and Saint John’s; the fifth judicial circuit shall be composed of the counties of Putnam, Alachua, Levy, Marion, and Sumter; the sixth judicial circuit shall be composed of the counties of Hernando, Hillsborough, Manatee, Polk, and Monroe; the seventh judicial circuit shall be composed of the counties of Volusia, Brevard, Orange, and Dade. Sec. 4. The salary of the governor of the State shall be $5,000 per annum; that of the chief-justice shall be $4,500; that of each associate justice shall be $4,000; that of each judge of the circuit court shall be $3,500; that of the lieutenant-governor shall be $2,500; that of each cabinet officer shall be $3,000. The pay of the members of the senate and house of representatives shall be $500 per annum, and in addition thereto ten cents per mile for each mile traveled from their respective places of residence to the capital, and the same to return. But such distances shall be estimated by the shortest general public thoroughfare. All other officers of the State shall be paid by fees as per diem fixed by law. Sec. 5. The legislature shall appropriate $2,000 each year for the purchase of such books for the supreme court library as the said court shall direct. Sec. 6. The salary of each officer shall be payable quarterly upon his own requisition. Sec. 7. The tribe of Indians located in the southern portion of the State, and known as the Seminole Indians, shall be entitled to one member in each house of the legislature. Such member shall have all the rights, privileges, and remuneration as other members of the legislature. Such members shall be elected by the members of their tribe, in the maner prescribed for all elections by this constitution. The tribe shall be represented only by a member of the same, and in no case by a white man: Provided, That the representatives of the Seminole Indians shall not be a bar to the representation of any county by the citizens thereof. Sec. 8. The legislature may at any time impose such tax on the Indians as they may deem proper; and such imposition of tax shall constitute the Indians citizens, and they shall thenceforward be entitled to all the privileges of other citizens, and thereafter be barred of special representation. Sec. 9. In addition to other crimes and misdemeanors for which an officer may be impeached and tried, shall be included drunkenness and other dissipations; incompetency, malfeasance in office, gambling, or any conduct detrimental to good morals shall be considered sufficient cause for impeachment and conviction. Any officer, when impeached by the assembly, shall be deemed under arrest, and shall be disqualified from performing any of the duties of his office until acquitted by the senate. But any officer so impeached and in arrest may demand his trial by the senate within ten days of the date of his impeachment. Sec. 10. The following shall be the oath of office for each officer in the State, including members of the legislature: “I do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States, and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, and that I am entitled to hold office under this constitution; that I will well and faithfully perform all the duties of the office of ———, which I am about to enter: so help me God.” Sec. 11. The legislature may provide for the donation of the public lands to actual settlers; but such donation shall not exceed one hundred and sixty acres to any one person. Sec. 12. All county officers shall hold their respective offices at the county seats of their counties. Sec. 13. The legislature shall provide for the speedy publication of all statutes and laws of general nature. All decisions of the supreme court, and all laws and judicial decisions, shall be for free publication by any person. But no judgment of the supreme court shall take effect and be operative until the opinion of the court in such case shall be filed with the clerk of said court. Sec. 14. The legislature shall not create any office, the term of which shall be longer than four years. Sec. 15. The governor, cabinet, and supreme court shall keep their offices at the seat of government. But in case of invasion or violent epidemics, the governor may direct that the offices of the government shall be removed temporarily to some other place. The session of the legislature may be adjourned for the same cause to some other place; but in such case of removal all the departments of the government shall be removed to one place. But such removal shall not continue longer than the necessity for the same shall continue. Sec. 16. A plurality of votes given at an election by the people shall constitute a choice when not otherwise provided by this constitution. Sec. 17. The term of the State officers elected at the first election under this constitution, not otherwise provided for, shall continue until the first Tuesday of January, ad 1873, and until the installation of their successors, excepting the members of the legislature. Sec. 18. Each county and incorporated city shall make provision for the support of its own officers, subject to such regulations as may be prescribed by law. Each county shall make provision for building a court-house and jail, and for keeping the same in good repair. Sec. 19. If at the meeting of the senate at any session the lieutenant-governor has not been qualified or is not present, the senate shall elect one of its members as temporary president before proceeding to other business. Sec. 20. The legislature shall at the first session adopt a seal for the State, and such seal shall be of the size of the American silver dollar. But said seal shall not again be changed after its adoption by the legislature; and the governor shall, by his proclamation, announce that the said seal has become the great seal of the State. Sec. 21. The governor, lieutenant-governor, and all the State officers elected by the people shall be installed on the first day of the meeting of the legislature, and immediately assume the duties of their respective offices. Sec. 22. The governor and lieutenant-governor shall have been, before their election to office, nine years a citizen of the United States, and three years a citizen of the State. All other officers shall have been one year a citizen of the State, and six months a citizen of the county from which they are elected or appointed. No person shall be eligible to any office unless he be a registered voter. Sec. 23. The governor or any State officer is hereby prohibited from giving certificates of election or other credentials to any person as having been elected to the House of Representatives of the United States Congress, or the United States Senate, who has not been two years a citizen of the State, and nine years a citizen of the United States, and a registered voter. Sec. 24. The property of all corporations, whether heretofore or hereafter incorporated, shall be subject to taxation, unless such corporation be for religious, educational, or charitable purposes. Sec. 25. All bills, bonds, notes, or evidences of debt outstanding and unpaid, given for or in consideration of bonds or treasury-notes of the so-called Confederate States, or notes and bonds of this State paid and redeemable in the bonds and notes of the Confederate States, are hereby declared null and void, and no action shall be maintained thereon in the courts of this State. Sec. 26. It shall be the duty of the courts to consider that there is a failure of consideration, and it shall be so held by the courts of this State, upon all deeds or bills of sale given for slaves with covenant or warrantee of title or soundness, or both; upon all bills, bonds, notes, or other evidences of debt, given for or in consideration of slaves, which are now outstanding and unpaid, and no action shall be maintained thereon; and all judgments and decrees rendered in any of the courts of this State since the 10th day of January, ad 1861, upon all deeds or bills of sale, or upon any bond, bill, note, or other evidence of debt based upon the sale or purchase of slaves, are hereby declared set aside, and the plea of failure of consideration shall be held a good defence in all actions to said suit; and that when money was due previous to the 10th day of January, 1861, and slaves were given in consideration for such money, these shall be deemed a failure of consideration for the debt: Provided, That settlements and compromises of such transaction made by the parties thereto shall be respected. Sec. 27. All persons who, as alien enemies under the sequestration act of the so-called confederate congress, and now resident of the State, had property sequestered and sold by any person acting under a law of the so-called Confederate States, or the State of Florida, subsequent to the 10th day of January, ad 1861, and prior to the 1st day of January, 1865, shall be empowered to file a bill in equity in the circuit court of the State, and shall be entitled to obtain judgment against the State for all damages sustained by said sale and detention of property. The court shall estimate the damages upon the assessed valuation of the property in question in the year ad 1870, with interest at six per cent. from the time the owner was deprived of the same. But all judgments against the State shall be paid only in certificates of indebtedness, redeemable in State lands. Said certificates shall be issued by the governor, countersigned by the secretary of state and by the comptroller, upon the decree of the court. Oral testimony shall be sufficient to establish the fact of a sale having been made. Sec. 28. There shall be no civil or political distinction in this State on account of race, color, or previous condition of servitude, and the legislature shall have no power to prohibit by law any class of persons, on account of race, color, or previous condition of servitude, to vote or hold any office, beyond the conditions prescribed by this constitution. Sec. 29. The apportionment for the assembly shall be as follows: Escambia, two; Santa Rosa, one; Walton, one; Holmes, one; Washington, one; Jackson, three; Calhoun, one; Gadsden, two; Franklin, one; Liberty, one; Wakulla, one, Leon, four; Jefferson, three; Madison, two; Taylor, one; Hamilton, one; Suwannee, one; La Fayette, one; Alachua, two; Columbia, two; Baker, one; Bradford, one; Nassau, one; Duval, two; Clay, one; Saint John’s one; Putnam, one; Marion, two; Levy, one; Volusia, one; Orange, one; Brevard, one; Dade, one; Hillsborough, one; Hernando, one; Sumter, one; Polk, one; Manatee, one, and Monroe, one. There shall be twenty-four senatorial districts, which shall be as follows, and shall be known by their respective numbers from one to twenty-four inclusive: The first senatorial district shall be composed of Escambia county; the second of Santa Rosa and Walton; the third, of Jackson; the fourth, of Volusia and Washington; the fifth, of Calhoun and Franklin; the sixth, of Gadsden; the seventh, of Liberty and Wakulla; the eighth, of Leon; the ninth, of Jefferson; the tenth, of Madison; the eleventh, of Hamilton and Suwannee; the twelfth, of La Fayette and Taylor; the thirteenth, of Alachua and Levy; the fourteenth, of Columbia; the fifteenth, of Bradford and Clay; the sixteenth, of Baker and Nassau; the seventeenth, of Saint John’s and Putnam; the eighteenth, of Duval; the nineteenth, of Marion; the twentieth, of Volusia and Orange; the twenty-first, of Dade and Brevard; the twenty-second, of Hillsborough and Hernando; the twenty-third, of Sumter and Polk; the twenty-fourth, of Manatee and Monroe; and each senatorial district shall be entitled to one senator. Sec. 30. No person shall ever be appointed a judge of the supreme court or circuit court who is not twenty-five years of age and practising attorney. Sec. 31. The legislature shall, as soon as convenient, adopt a State emblem, having the design of the great seal of the State impressed upon a white ground, of six feet six inches fly and six feet deep. Article XVIII: AMENDMENTS Any amendment or amendments to this constitution may be proposed in either branch of the legislature; and if the same shall be agreed upon by a two-thirds vote of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals, with the yeas and nays thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice; and if, in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a two-thirds vote of all the members elected to each house, then it should be the duty of the legislature to submit such proposed amendment or amendments to the people in such manner and at such time as the legislature may prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendments shall become a part of the constitution. Sec. 2. If at any time the legislature, by a vote of a majority of all the members elected to each of the two houses, shall determine that it is necessary to cause a revision of this entire constitution, such determination shall be entered on their respective journals, with the yeas and nays thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if in the legislature next chosen aforesaid such proposed revision shall be agreed by a majority of all the members elected to each house, then it shall be the duty of the legislature to recommend to the electors of the next election for members of the legislature to vote for or against a convention; and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for a convention, to be holden within six months after the passage of such law, and such convention shall consist of a number of members not less than both branches of the legislature. In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question. Done in open convention. In witness whereof, we, the undersigned delegates, representing the people of Florida, in convention assembled, do hereunto affix our names this twenty-fifth day of February, one thousand eight hundred and sixty-eight, and of the Independence of the United States the ninety-second, and the secretary doth countersign the same. Horatio Jenkins, Jr., President. S. Conant, Secretary. AMENDMENTS TO THE CONSTITUTION OF 1868a (RATIFIED 1870) Article I. The salary of the governor of the State shall be three thousand five hundred dollars per annum; that of each justice of the supreme court shall be three thousand dollars; that of each judge of the circuit courts shall be two thousand five hundred dollars; that of each cabinet officer shall be two thousand dollars; that of the lieutenant-governor shall be five hundred dollars, and he shall receive the same mileage as members of the legislature. The pay of members of the legislature shall be a per diem, to be fixed by law, for each day’s actual attendance, and in addition thereto ten cents per mile for travelling-expenses for each mile from their respective places of residence to the capital, estimated by the shortest thoroughfare, and the same to return. All other officers of the State shall be paid by fees or per diem, fixed by law. No legislature shall increase its own pay. Art. II. The several members of the cabinet of administrative officers shall be elected by the people. Art. III. The sixth and seventh judicial districts are hereby abolished, and the limits of the first, second, third, fourth, and fifth judicial districts shall be defined by law. Art. IV. The offices of surveyor-general and commissioner of immigration are hereby consolidated under the name of commissioner of lands and immigration. Art. V. The thirteenth section of the sixth article of the constitution is hereby abrogated. Art. VI. The third, fifth, and twenty-seventh sections of the sixteenth article of the constitution are hereby abrogated. Art. VII. The number of terms of the supreme court, and the time of holding the same, shall be fixed by law. Art. VIII. The legislature shall have power to prescribe regulations for calling into the supreme court a judge of the circuit court, to hear and determine any matter pending before the court, in the place of any justice thereof who shall be disqualified or disabled in such case from interest or other cause. Art. IX. That the following portion of section nine, Article XVI, of the constitution is hereby abrogated: “Any officer when impeached by the assembly shall be deemed under arrest, and shall be disqualified from performing any of the duties of his office until acquitted by the senate; but any officer so impeached and in arrest may demand his trial by the senate within one year from the date of his impeachment.” (RATIFIED 1875) Article I. Section two of article four of the constitution is hereby amended so as to read as follows: Sec. 2. From and after the first Tuesday after the first Monday in January, ad one thousand eight hundred and seventy-seven, the regular sessions of the legislature shall be held biennially, commencing on said day and on the corresponding day of every second year thereafter, but the governor may convene the same in extra session by his proclamation. Art. II. Section twenty-nine of article four of the constitution is hereby amended so as to read as follows: Sec. 29. The assembly shall have the sole power of impeachment, but a vote of two-thirds of all the members present shall be required to impeach any officer, and all impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. The senate may adjourn to a fixed day for the trial of any impeachment, and may sit for the purpose of such trial whether the assembly be in session or not, but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the assembly. The chief-justice shall preside at all trials by impeachment except in the trial of the chief-justice, when the lieutenant-governor shall preside. The governor, lieutenant-governor, members of the cabinet, justices of the supreme court, and judges of the circuit court, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State, but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment according to law. All other officers who shall have been appointed to office by the governor, and by and with the consent of the senate, may be removed from office upon the recommendation of the governor, and consent of the senate, but they shall nevertheless be liable to indictment, trial, and punishment according to law for any misdemeanor in office. All other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide. Art. III. Section seven of article twelve of the constitution is hereby amended so as to read as follows: Sec. 7. The legislature shall have power to provide for issuing State bonds bearing interest for securing the debt of the State, for the erection of State buildings, and for the support of State institutions, but the credit of the State shall not be pledged or loaned to any individual company, corporation, or association; nor shall the State become a joint owner or stockholder in any company, association, or corporation. The legislature shall not authorize any county, city, borough, township, or incorporated district to become a stockholder in any company, association, or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution, or individual. Art. IV. Section five of article six of the constitution is hereby amended so as to read as follows: Sec. 5. The supreme court shall have appellate jurisdiction in all cases at law and in equity commenced in circuit courts and of appeal from the circuit court in cases arising in the county court as a court of probate, and in the management of the estates of infants, and in all criminal cases commenced in the circuit court. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or any justice thereof, or before any circuit judge. Section eight of article six of the constitution is hereby amended so as to read as folows: Sec. 8. The circuit courts shall have original jurisdiction in all cases in equity, also in all cases at law in which the demand or the value of the property involved exceeds one hundred dollars, and of all cases involving the legality of any tax assessment, toll, or municipal fine, and of the action of forcible entry and unlawful detainer, and of actions involving the titles or right of possession of real estate, and of all criminal cases, except such as may be cognizable by law by inferior courts. They shall have appellate jurisdiction of matters pertaining to the probate jurisdiction and the estates and interests of minors in the county courts, and of such other matters as may be provided by law, and final appellate jurisdiction in all civil cases arising in the court of a justice of the peace in which the amount or value of property involved is twenty-five dollars and upwards, and of misdemeanors tried before any justice’s or mayor’s court. The circuit courts and judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, habeas corpus, and all writs proper and necessary to the complete exercise of their jurisdiction. Section ten of article six of the constitution is hereby abrogated. Section eleven of article six of the constitution is hereby amended so as to read as follows: Sec. 11. The county court shall have power to take probate of wills, to grant letters testamentary, and of administration and guardianship, to attend to the settlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to courts of probate, subject to the direction and supervision of the appellate and equity jurisdiction of the circuit court as may be provided by law. And the county judges shall have and exercise the civil and criminal jurisdiction of justices of the peace. They may also have jurisdiction of such proceedings relating to the forcible entry or unlawful detention of lands and tenements subject to the appellate jurisdiction of the circuit court as may be provided by law. Section fifteen of article six of the constitution is hereby amended so as to read as follows: Sec. 15. The governor shall appoint as many justices of the peace as he may deem necessary. Justices of the peace shall have jurisdiction in civil actions at law in cases in which the amount or value involved does not exceed one hundred dollars; and in criminal cases their powers shall be fixed by law. Their powers, duties, and responsibilities shall be regulated by law. They may hold their offices for the term of four years, subject to removal by the governor for reasons satisfactory to him. Art. V. Section seven of article six of the constitution is hereby amended so as to read as follows: Sec. 7. There shall be five circuit judges appointed by the governor and confirmed by the senate, who shall hold their respective offices for the term of six years from the time of their qualification. The State shall be divided into five judicial circuits as defined in this constitution, and the judge of each circuit shall reside in the circuit to which he shall be appointed. Each judge shall hold the terms of the court at such times and places as may be prescribed by law, and he may hold special terms with or without juries. The chief-justice may, in his discretion, order a temporary exchange of circuits by the respective judges, or designate any judge to hold a general or special term, or part of a term, in any other circuit than that one in which he resides. Section three of article sixteen of the constitution is hereby amended so as to read as follows: Sec. 3. The several judicial circuits of the circuit courts shall be as follows: The first judicial circuit shall be composed of the counties of Escambia, Santa Rosa, Walton, Holmes, Washington, Jackson, Calhoun, and Franklin. The second judicial circuit shall be composed of the counties of Liberty, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor, and La Fayette. The third judicial circuit shall be composed of the counties of Hamilton, Suwannee, Columbia, Baker, Bradford, Alachua, and Levy. The fourth judicial circuit shall be composed of the counties of Nassau, Duval, Clay, Saint Johns, Putnam, Volusia, Orange, Brevard, and Dade. The fifth judicial circuit shall be composed of the counties of Marion, Sumpter, Hernando, Hillsborough, Polk, Manatee, and Monroe. Art. VI. Section twelve of article six of the constitution is hereby amended so as to read as follows: Sec. 12. Grand and petit jurors shall be taken from the registered voters of the respective counties. The number of jurors for the trial of causes in any court may be fixed by law. Art. VII. Sections seven and eight of article sixteen of the constitution are hereby abrogated. Art. VIII. Section twenty-four of article sixteen of the constitution is hereby amended so as to read as follows: Sec. 24. The property of all corporations, whether heretofore or hereafter incorporated, shall be subject to taxation, unless such property be held and used exclusively for religious, educational, or charitable purposes. Art. IX. Section twenty-two of article five of the constitution shall read as follows: Sec. 22. The governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto. Art. X. Section fourteen of article five of the constitution is hereby amended so as to read as follows: Sec. 14. A lieutenant-governor shall be elected at the same time and places and in the same manner as the governor, whose term of office and eligibility shall also be the same. He shall be the president of the senate, but shall only have a casting vote therein. In the case of the impeachment of the governor or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. In the case of the impeachment of the lieutenant-governor or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the president pro tempore of the senate. In case a vacancy shall occur both in the offices of governor and lieutenant-governor, the legislature shall at its next session order an election to fill such vacancies. But the governor shall not, without the consent of the legislature, be out of the State in time of war. Section fifteen of article five of the constitution is hereby abrogated. Art. XI. Section sixteen of article five of the constitution is hereby amended so as to read as follows: Sec. 16. The governor may at any time require the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting his executive powers and duties, and the justices shall render such opinion in writing. Source: https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-ii-florida-kansas#lf1514-02_head_066

February 11, 1868 PREAMBLE We, the people of Arkansas, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution: Article I: BILL OF RIGHTS Section 1. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as the same may have been or may be defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert or resist the supreme authority of the United States. The Constitution of the United States confers full powers on the Federal Government to maintain and perpetuate its existence; and whensoever any portion of the States, or the people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority. Sec. 2. The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted. Sec. 3. The equality of all persons before the law is recognized and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor exempted from any burden or duty, on account of race, color, or previous condition. Sec. 4. The citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives and to petition for the redress of grievances, and other proper purposes. Sec. 5. The citizens of this State shall have the right to keep and bear arms for their common defence. Sec. 6. The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law. Sec. 7. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted; nor witnesses be unreasonably detained. Sec. 8. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or judicial district wherein the crime shall have been committed—which county or district shall have been previously ascertained by law—and to be informed of the nature and cause of the accusation against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defence. Sec. 9. No person shall be held to answer a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases of petit larceny, assault, assault and battery, affray, vagrancy and such other minor cases as the general assembly shall make cognizable by justices of the peace; or arising in the Army and Navy of the United States, or in the militia when in actual service in time of war or public danger; and no person after having once been acquitted by a jury, for the same offence, shall be again put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may in its discretion discharge the jury and commit or bail the accused for trial at the same or the next term of said court; nor shall any person be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences—murder and treason—when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require. Sec. 10. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain justice freely and without purchase; completely and without denial; promptly and without delay; conformably to the laws. Sec. 11. Treason against the State shall only consist in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 12. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. Sec. 13. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate. Sec. 14. No person shall be imprisoned for debt in this State; but this shall not prevent the General Assembly from providing for imprisonment or holding to bail persons charged with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale for the payment of debts or liabilities. Sec. 15. Private property shall not be taken for public use without just compensation therefor. Sec. 16. The military shall be subordinate to the civil power. No standing army shall be kept up in this State in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law. Sec. 17. Suits may be brought by or against the State in such manner and in such courts as may be by law provided. Sec. 18. The General Assembly shall not grant to any citizen or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. Sec. 19. The right of suffrage shall be protected by laws regulating elections and prohibiting, under adequate penalties, all undue influence from bribery, tumult, or other improper conduct. Sec. 20. Foreigners who are, or may become bona-fide residents of this State, shall be secured the same rights in respect to the acquisition, possession, enjoyment and descent of property as are secured to native-born citizens. Sec. 21. No religious test or amount of property shall ever be required as a qualification for any office of public trust under the State. No religious test or amount of property shall ever be required as a qualification of any voter at any election in this State; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion; and the mode of administering an oath or affirmation shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath or affirmation may be administered. Sec. 22. Any person who shall, after the adoption of this Constitution, fight a duel or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, either within this State or elsewhere, shall thereby be deprived of the right of holding any office of honor or profit in this State, and shall be forever disqualified from voting at any election, and shall be punished otherwise in such manner as may be prescribed by law. Sec. 23. Religion, morality and knowledge being essential to good government, the General Assembly shall pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship; and to encourage schools and the means of instruction. Sec. 24. All lands in this State are declared to be allodial, and feudal tenures of every description, with all their incidents, are prohibited. Leases and grants of land for a longer period than twenty-one years, hereafter made, in which shall be reserved any rent or service of any kind, shall be held a conveyance in fee to the lessee. Sec. 25. The action of the convention of the State of Arkansas, which assembled in the city of Little Rock on the fourth day of March, ad one thousand eight hundred and sixty one, was, and is null and void. All the action of the State of Arkansas under the authority of said convention, of its ordinances or its Constitution, whether legislative, executive, judicial or military, was, and is hereby declared null and void; and no debt or liability of the State of Arkansas incurred by the action of said convention, or of the General Assembly, or any department of the government under the authority of either, shall ever be recognized as obligatory: Provided, That this ordinance shall not be so construed as to affect the rights of private individuals arising under contracts between the parties, or to change county boundaries or county seats, or to make invalid the acts of justices of the peace, or other officers in their authority to administer oaths or take and certify the acknowledgment of deeds of conveyance, or other instruments of writing, or in the solemnization of marriage. Article II: BOUNDARIES We do declare and establish, ratify and confirm, the following as the permanent boundaries of said State of Arkansas, that is to say: Beginning at the middle of the main channel of the Mississippi River, on the parallel of 36° north latitude; running from thence west, with the said parallel of latitude, to the Saint Francis River; thence up the middle of the main channel of said river to the parallel of 36° 30′ north; from thence west with the boundary-line of the State of Missouri to the southwest corner of that State; and thence to be bounded on the west to the north bank of Red River as by acts of Congress and treaties heretofore defining the western limits of the Territory of Arkansas; and to be bounded on the south side of Red River by the boundary-line of the State of Texas, to the northwest corner of the State of Louisiana; thence east with the Louisiana State line to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of said river, including an island in said river known as “Belle Point Island” to the 36° of north latitude—the place of beginning. Article III The seat of government shall be at Little Rock, where it is now established. Article IV Section 1. The powers of government are divided into three departments—the legislative, the executive, and the judicial. Sec. 2. No person belonging to one department shall exercise the powers properly belonging to another, excepting in the cases expressly provided in this constitution. Article V Section 1. The legislative power in this State shall be vested in a general assembly, which shall consist of a senate and a house of representatives. Sec. 2. The general assembly shall meet every two years, on the first Monday of January, at the seat of government, until altered by law; but the first general assembly elected after the adoption of this constitution shall meet on the second (2d) day of April, ad one thousand eight hundred and sixty-eight, (1868.) Sec. 3. The house of representatives shall consist of members chosen every second year by the qualified electors of the several districts. Sec. 4. No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years, and have been one year a resident of this State, who shall not be a male citizen of the United States, who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent, and who shall not be a qualified elector as provided in this constitution. Sec. 5. The senate shall consist of members chosen every fourth year by the qualified electors of the several districts. Sec. 6. No person shall be a member of the senate who shall not have attained the age of twenty-five years, and have been one year a resident of this State, who shall not be a male citizen of the United States, who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent, and who shall not be a qualified elector as provided in this constitution. Sec. 7. The number of members composing the senate shall be twenty-six, (26,) and of the house of representatives eighty-two, (82.) Sec. 8. The general assembly shall provide by law for an enumeration of the inhabitants of this State in the year one thousand eight hundred and seventy-five, (1875,) and every tenth year thereafter; and the first general assembly elected after each enumeration so made, and also after each enumeration made by the authority of the United States, may re-arrange the senatorial and representative districts according to the number of inhabitants as ascertained by such enumeration: Provided, That there shall be no apportionment other than that made in this constitution, until after the enumeration to be made in the year one thousand eight hundred and seventy-five, (1875.) Sec. 9. Senators shall be chosen at the same time and in the same manner that members of the house of representatives are required to be. Senatorial districts shall be composed of convenient contiguous territory, and no representative district shall be divided in the formation of a senatorial one. The senatorial district shall be numbered in regular series, and the term of senators chosen for the districts designated by odd numbers shall expire in two (2) years, and the term of senators chosen for the districts designated by even numbers shall expire in four (4) years; but thereafter senators shall be chosen for the term of four years, excepting when an enumeration of the inhabitants of the State is made, in which case, if a re-arrangement of the senatorial districts is made, then the regulation above stated shall govern the term of office. Sec. 10. Removals of senators and representatives from their respective districts shall be deemed a vacation of their office. Sec. 11. No person holding any office under the United States, or this State, or any county office, excepting postmasters, notaries public, officers of the militia, and township officers, shall be eligible to, or have a seat in either branch of the General Assembly, and all votes given for any such person shall be void. Sec. 12. Senators and representatives shall, in all cases, (treason, felony, or breach of the peace excepted,) be privileged from arrest during the session of the general assembly; they shall not be subjected to any civil process during the session of the general assembly, or for fifteen days next before the commencement, and next after the termination of each session and they shall not be questioned in any other place for remarks made in either house. Sec. 13. A majority of the members of each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalties, as each house may prescribe. Sec. 14. Each house shall choose its own officers, determine the rules of its proceedings, judge of the qualifications, election and return of its members; and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause, nor for any cause known to his constituents at the time of his election. The reasons for any such expulsion shall be entered upon the journal, with the names of the members voting thereon. Sec. 15. The General Assembly shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor, and shall prohibit all charges for constructive labor. They shall not rescind or alter any contract for such printing, or release the person or persons taking the same, or his or their securities, from the performance of any of the provisions of said contract. Sec. 16. Each house shall keep a journal of its proceedings, and publish the same, excepting such parts as may require secrecy. The yeas and nays of the members of either house, upon any question, shall be entered on the journal at the request of five members. Any member of either house may dissent, and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal. Sec. 17. In all elections by either house, or in joint convention, the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays, and published with the journal of its proceedings. Sec. 18. The doors of each house shall be open, unless the public welfare requires secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the general assembly may then be in session. Sec. 19. Bill may originate in either House of the General Assembly, but all bills for raising revenue shall originate in the House of Representatives, though the Senate may propose amendments as on other bills. Sec. 20. No portion of the public funds or property shall ever be appropriated by virtue of any resolution. No appropriation shall be made except by a bill duly passed for that purpose. Sec. 21. Every bill and joint resolution shall be read three times, on different days, in each house, before the final passage thereof, unless two-thirds of the house where the same is pending shall dispense with the rules. No bill or joint resolution shall become a law without the concurrence of a majority of all the members voting. On the final passage of all bills the vote shall be taken by yeas and nays, and entered on the journal. Sec. 22. No act shall embrace more than one subject, which shall be embraced in its title. No public act shall take effect or be in force until ninety days from the expiration of the session at which the same is passed, unless it is otherwise provided in the act. Sec. 23. No law shall be revised, altered or amended, by reference to its title only, but the act revised, and the section or sections of the act as altered or amended shall be enacted and published at length. Sec. 24. No new bill shall be introduced into either house during the last three days of the session without the unanimous consent of the house in which it originated. Sec. 25. The general assembly, at its first session, shall provide suitable laws for the registration of qualified electors, and for the prevention of frauds in elections. Sec. 26. The general assembly shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person. Sec. 27. The style of the laws of the State shall be, “Be it enacted by the general assembly of the State of Arkansas.” Sec. 28. The general assembly may enact laws providing for county, township or precinct governments. Sec. 29. It shall be the duty of the general assembly, from time to time, as circumstances may require, to frame and adopt a penal code, founded on principles of reformation. Sec. 30. The general assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws. Sec. 31. The general assembly may pass laws authorizing appeals in criminal or penal cases, and regulating the right of challenge of jurors therein. Sec. 32. The general assembly shall direct by law when and how juries shall be selected from judicial districts in criminal and civil cases. Sec. 33. The general assembly shall regulate by law by whom and in what manner, writs of election shall be issued to fill the vacancies which may happen in either branch thereof. Sec. 34. The general assembly may declare the cases in which any office shall be deemed vacant, and also for the manner of filling the vacancy, where no provision is made for that purpose in this constitution. Sec. 35. Every bill and concurrent resolution, except of adjournment, passed by the general assembly, shall be presented to the governor for approval before it becomes a law. If he approve, he shall sign it; if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon its journal, and reconsider it. On such reconsideration, if a majority of the members elected agree to pass the bill, it shall be sent with the objections to the other house, by which it shall be reconsidered. If approved by a majority of the members elected to that house, it shall become a law. In such cases the vote 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 journal of each house respectively. If any bill be not returned by the governor within three (3) days (Sunday excepted) after it has been presented to him, the same shall become a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary of state, within three days after the adjournment of the General Assembly, any act passed during the last three (3) days of the session, and the same shall become a law. Sec. 36. Each house may punish by imprisonment, during its session, any person not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence; but no such imprisonment shall at any time exceed twenty-four (24) hours. Sec. 37. No citizen of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless the same is done by the law of the land, or the judgment of his peers, except as hereinafter provided. There shall be neither slavery nor involuntary servitude, either by indentures, appenticeships or otherwise, in the State, except for the punishment of crime, whereof the party shall have been duly convicted. Sec. 38. The General Assembly shall have no power to make compensation for emancipated slaves. Sec. 39. The General Assembly shall have no power to grant divorces, to change the names of individuals, or to direct the sale of estates belonging to infants or other persons laboring under legal disabilities, by special legislation; but, by general laws, shall confer such powers on the courts of justice. Sec. 40. The general assembly shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person, or vacate or alter any road laid out by legal authority, or any street in any city or village, or in any recorded town-plat; but shall provide for the same by general laws. Sec. 41. The general assembly shall not authorize any lottery, and shall prohibit the sale of lottery tickets. Sec. 42. In case of a contested election, only the claimant decided entitled to the seat, in either house in which the contest may take place, shall receive from the State per diem compensation and mileage. Sec. 43. No collector, holder, or disburser of public moneys shall have a seat in the general assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid over, as provided by law, all sums for which he is liable. Sec. 44. The General Assembly shall have power to alter and regulate the jurisdiction and proceedings in law and equity, subject to the provisions of this constitution. Sec. 45. The general assembly shall direct by law in what manner and in what courts suits may be brought by and against the State. Sec. 46. It shall be the duty of the general assembly to make adequate provision for the maintenance of paupers throughout the State. Sec. 47. The general assembly shall not have power to authorize any municipal corporation to pass any laws contrary to the general laws of the State, or to levy any tax on real or personal property to a greater extent than two (2) per centum of the assessed value of the same. Sec. 48. The general assembly shall pass no special act conferring corporate powers. Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be liable over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of individuals. No right of way shall be appropriated to the use of any corporation until full compensation therefor shall be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law. Sec. 49. The general assembly shall provide for the organization of cities and incorporated villages by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power. Sec. 50. All corporations with banking and discounting privileges, shall, preparatory to issuing bills as currency, deposit the bonds of this State, equal in amount to the capital stock of such corporation, with the auditor of the State, who shall not permit an issue of circulation exceeding eighty per centum of the amount of bonds so deposited, such circulation being receivable for all taxes and dues to the State, and the individual liability of stockholders shall be as hereinbefore directed: Provided, That corporations chartered or existing under any act of the Congress of the United States shall be exempted from these provisions. Sec. 51. The General Assembly, on the day of final adjournment, shall adjourn at twelve o’clock at noon. Article VI: EXECUTIVE DEPARTMENT Section 1. The executive department of this State shall consist of a governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general and superintendent or public instruction—all of whom shall hold their several offices for the term of four years and until their successors are elected and qualified. They shall be chosen by the qualified electors of this State at the time and places of choosing the members of the General Assembly. Sec. 2. The supreme executive power of this State shall be vested in the governor. Sec. 3. No person shall be eligible to the office of governor or lieutenant-governor who shall not have attained the age of twenty-five years, who shall not have been five years a citizen of the United States, who shall not, at the time of his election, have had an actual residence in this State for one year next preceding his election, and who shall not be a qualified elector as prescribed in this constitution. Sec. 4. In elections for governor and lieutenant-governor, the person having the highest number of votes shall be declared elected. But in case that two or more persons shall have an equal, and the highest number of votes for governor or lieutenant-governor, the General Assembly shall, by joint vote, choose one of such persons. The governor shall be commander-in-chief of the military and naval forces of the State, and may call out such forces to execute the laws, suppress insurrections, repel invasions, or preserve the public peace. He shall transact all necessary business with other officers of the State government, and may require information in writing of the officers of the executive department upon any subject pertaining to the duties of their respective offices. Sec. 5. It shall be the duty of the governor to see that the laws are faithfully executed. Sec. 6. He may convene the legislature on extraordinary occasions. Sec. 7. He shall give to the General Assembly, and at the close of his official term, to the next General Assembly information by message, concerning the condition of the State, and recommend such means to their consideration as he may deem expedient. Sec. 8. He may convene the General Assembly at some other place when the seat of government becomes dangerous from the prevalence of disease, or the presence of a common enemy. Sec. 9. He may grant reprieves, pardons and commutations after conviction for all offences, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper; subject, however, to such regulations as may be prescribed by law relative to the manner of applying for pardons. Upon conviction for treason he may suspend execution of the sentence until the matter shall be reported to the General Assembly at its next session, when the General Assembly shall either pardon, commute the sentence, direct the execution of the same or grant a further reprieve. The governor shall communicate to the General Assembly at each session, information concerning each case of pardon, reprieve or commutation granted, and the reasons therefor. Sec. 10. In case of the impeachment of the governor, his removal from office, death, resignation, inability or removal from the State, the powers and duties of the Governor shall devolve upon the Lieutenant-Governor during the residue of the term, or until the disabilities of the Governor are removed. Sec. 11. During a vacancy in the office of governor, if the lieutenant-governor resign, be impeached, displaced, absent from the State or incapable of acting, the president pro tempore of the senate, shall act as governor until the vacancy be filled or the disability cease. Sec. 12. The lieutenant-governor shall by virtue of his office, be President of the Senate, and when there is an equal division he shall give the casting vote. Sec. 13. No member of Congress or any person holding any office under the United States or this State, shall execute the office of governor. Sec. 14. The lieutenant-governor, and the president of the Senate pro tempore, while performing the office of governor, shall receive the same compensation as the Governor. Sec. 15. All official acts of the Governor—his approval of the laws excepted—shall be authenticated by the great seal of the State, which seal shall be kept by the Secretary of State. Sec. 16. The governor shall, by and with the advice and consent of the Senate, appoint a convenient number of notaries public, not to exceed six for each county, who shall discharge such duties as are now or as may hereafter be prescribed by law. Sec. 17. All commissions issued to persons holding office under the provisions of this constitution shall be in the name, and by the authority of the people of the State of Arkansas, sealed with the great seal of the State, signed by the governor and countersigned by the secretary of state. Sec. 18. The governor, chief justice, secretary of state, treasurer, auditor, attorney-general and superintendent of public instruction, shall severally reside and keep all public records, books, papers and documents which may pertain to their respective offices, at the seat of government. Sec. 19. The returns of every election for Governor, Lieutenant-Governor, Secretary of State, treasurer, auditor, attorney-general and superintendent of public instruction, shall be sealed up and transmitted to the seat of government by the returning officers and directed to the presiding officer of the senate, who, during the first week of the session shall open and publish the same in presence of the members then assembled. The person having the highest number of votes shall be declared elected, but if two or more shall have the highest and equal number of votes for the same office, one of them shall be chosen by a joint vote of both houses. Contested elections shall likewise be determined by both houses of the general assembly in such manner as is or may hereafter be prescribed by law. Sec. 20. The secretary of state shall keep a fair record of all 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 are now or may hereafter be prescribed by law. Sec. 21. The auditor, treasurer, attorney-general, and superintendent of public instruction, shall perform such duties as are now, or may hereafter be prescribed by law. Sec. 22. In case of the death, impeachment, removal from the State, or other disability of the secretary of state, treasurer, auditor, attorney-general, and superintendent of public instruction, the vacancies in their several offices thus occasioned shall be filled by appointment of the governor; which appointment shall be made for the unexpired terms of said officers, or until said disabilities are removed, or until elections are held to fill said vacancies. Sec. 23. Until the general assembly shall otherwise provide, the Governor shall appoint a suitable person, who shall be styled commissioner of public works and internal improvements, who shall hold his office during the term of four years, and until his successor is duly commissioned and qualified. It shall be the duty of the commissioner of public works and internal improvements to superintend all public works which may be carried on by the State, and have a supervising control over all internal improvements in which the State is interested, and, until otherwise provided by the general assembly he shall be ex officio commissioner of immigration and of State lands, and shall perform such other duties as may be prescribed by law. He shall receive for his services the same salary as provided by law for the auditor of the State. Sec. 24. The officers of the executive department, mentioned in this article, shall, at stated times, receive for their services a compensation to be established by law, which shall not be diminished during the period for which they shall have been elected or appointed. Sec. 25. The officers of the executive department and judges of the supreme court shall not be eligible, during the period for which they may be elected or appointed to their respective offices, to any position in the gift of the qualified electors, or of the general assembly of this State. Sec. 26. The returns of every election for State, county and judicial officers, not herein provided for shall be sealed up and transmitted to the seat of government by the returning officers, and directed to the secretary of state who shall open and publish the same, and the persons so elected shall be duly commissioned by the governor. Article VII: JUDICIARY Section 1. The judicial power of the State shall be vested in the senate sitting as a court of impeachment, a supreme court, circuit courts, and such other courts inferior to the supreme court as the general assembly may from time to time establish. Sec. 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members thereof. The chief justice shall preside, and the secretary of state shall act as clerk of this court: Provided, That in case of the trial of either of them the person appointed temporarily to perform the duties of the office shall act. The governor, and all other civil officers under this State, shall be liable to impeachment for any misconduct or maladministration of their respective offices; but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit, under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial and judgment according to law. Sec. 3. Two terms of the supreme court shall be held at the seat of government annually: Provided, That the general assembly may provide by law for holding said court at three other places. The supreme court shall consist of one chief justice, who shall be appointed by the governor, by and with the advice and consent of the senate, for the term of eight years, and four associate justices, who shall be chosen by the qualified electors of the State at large for the term of eight years: Provided, That two of the associate justices first chosen under this constitution shall serve for four years after the next general election, and two of them for eight years after said election, said times to be determined by lot; but thereafter the associate justices shall be chosen for the full term. Sec. 4. The supreme court shall have general supervision and control over all inferior courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari, habeas corpus, mandamus, quo warranto, and other remedial writs, and to hear and determine the same. Final judgments in the inferior courts may be brought by writ of error, or by appeal, into the supreme court in such manner as may be prescribed by law. Sec. 5. The inferior courts of the State as now constituted by law, except as hereinafter provided, shall remain with the same jurisdiction as they now possess: Provided, That the general assembly may provide for the establishment of such inferior courts, changes of jurisdiction, or abolition of existing inferior courts, as may be deemed requisite. The judges of the inferior courts herein provided for, or of such as may hereafter be established by law, shall be appointed by the governor, by and with the advice and consent of the senate, for the term of six years, and until such time as the General Assembly may otherwise direct: Provided, That the General Assembly shall not interfere with the term of office of any judge. Sec. 6. All writs and other processes shall run in the name of the State of Arkansas, and bear teste and be signed by the clerks of the respective courts from which they issue. Indictments shall conclude “against the peace and dignity of the State of Arkansas.” Sec. 7. No judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court. Sec. 8. In case all or any of the Judges of the Supreme Court shall be disqualified from presiding on any cause or causes, the court or judges thereof shall certify the same to the Governor of the State, and he shall immediately commission specially the required number of men learned in the law, for the trial and determination thereof. Sec. 9. Whenever, at ten o’clock, a. m., of the second day of any term of the inferior courts of this State, the judge thereof is not present, or if present and he cannot for any cause properly preside at the trial of any case then pending therein, the attorneys of said court then present may elect a special judge, who shall preside during the trial of such case or cases, or shall hold said court until the appearance of the regular judge thereof. The proceedings in such cases shall be entered at large upon the record. Sec. 10. The judges of the inferior courts may temporarily exchange circuits, or hold courts for each other under such regulations as may be prescribed by law. Sec. 11. Judges shall not charge juries with regard to matters of fact, but shall declare the law. In all trials by jury the judges shall give their instructions and charges in writing; and if the trial is by the court he shall reduce to writing his findings upon the facts in the case, and shall declare the law in the same manner he is required to do when instructing juries. Sec. 12. Any judge whose appointment or election is herein provided for, shall be at least twenty-five years of age, a qualified elector of this State, and shall have been for one year an actual resident of the State, and shall reside in the circuit or district to which he may be appointed or elected. Sec. 13. The Judges of the Supreme and inferior courts shall, at stated times, receive a compensation for their services as is now or may hereafter be provided by law, and which shall not be diminished during the respective terms for which they may be elected or appointed. Sec. 14. The inferior courts shall hold annually such terms as the General Assembly may direct. Sec. 15. All appeals from inferior courts shall be taken in such manner and to such courts as may be provided by law. Appeals may be taken from courts of justices of the peace to such courts and in such manner as may be prescribed by law. Sec. 16. When a vacancy occurs in the office of Judge of the Supreme, or any of the inferior courts, it shall be filled by appointment of the Governor; which appointee shall hold his office the residue of the unexpired term, and until his successor is elected and qualified. Sec. 17. The Supreme Court and such other courts as may be established by law shall be courts of record, and shall each have a common seal. Sec. 18. The Supreme Court shall appoint a Clerk of such court, and also a Reporter of its decisions. The decisions of the Supreme Court shall be in writing and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing, over his signature; all such decisions shall be filed in the office of the Clerk of the Supreme Court, and be published in such manner as the General Assembly may direct. The Clerk and Reporter shall hold their respective offices for the term of six years, subject to removal by the court for cause. Sec. 19. A county Clerk shall be elected by the qualified electors in each organized county in this State for the term of four years, and shall perform such duties and receive such fees as are now or may hereafter be prescribed by law. Sec. 20. In each township in this State there shall be elected by the qualified electors thereof two Justices of the Peace, who shall hold their offices for the term of four years: Provided, That in such townships as may contain more than two hundred qualified electors, an additional justice of the peace may be chosen. Justices of the peace shall have exclusive original jurisdiction in all actions of contract and replevin where the amount in controversy does not exceed two hundred dollars, and concurrent jurisdiction with the circuit court where the amount in controversy does not exceed five hundred dollars. In criminal causes the jurisdiction of justices of the peace shall extend to all matters less than felony for final determination and judgment. Sec. 21. Any suitor in any court in this State shall have the right to prosecute or defend his suit either in his own proper person or by attorney. Sec. 22. In the courts of this State there shall be no exclusion of any witness in civil actions because he is a party to, or is interested in the issue to be tried; and no person convicted of infamous crime shall be a competent witness in any cause, without the consent of both parties to the controversy: Provided, That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transactions with, or statements to, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. The judges of the supreme and all inferior Courts shall be conservators of the peace throughout their respective jurisdictions. Article VIII a : FRANCHISE Section 1. In all elections by the people the electors shall vote by ballot. Sec. 2. Every male person born in the United States, and every male person who has been naturalized, or has legally declared his intention to become a citizen of the United States, who is twenty-one years old or upward, and who shall have resided in the State six months next preceding the election, and who, at the time, is an actual resident of the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector: Provided, No soldier, or sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State. Sec. 3. The following classes shall not be permitted to register, or vote, or hold office, viz: 1st. Those who during rebellion took the oath of allegiance, or gave bonds for loyalty and good behavior to the United States Government, and afterward gave aid, comfort or countenance to those engaged in armed hostility to the Government of the United States, either by becoming a soldier in the rebel army or by entering the lines of said army, or adhering in any way to the cause of rebellion, or by accompanying any armed force belonging to the rebel army, or by furnishing supplies of any kind to the same. 2d. Those who are disqualified as electors, or from holding office in the State or States from which they came. 3d. Those persons who during the late rebellion violated the rules of civilized warfare. 4th. Those who may be disqualified by the proposed amendment to the Constitution of the United States, known as Article XIV, and those who have been disqualified from registering to vote for delegates to the convention to frame a constitution for the State of Arkansas, under the act of Congress entitled “An act to provide for the more efficient government of the rebel States,” passed March second, one thousand eight hundred and sixty-seven, and the acts supplementary thereto. 5th. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crimes punishable by law with imprisonment in the penitentiary, or bribery. 6th. Those who are idiots or insane: Provided, That all persons included in the 1st, 2d, 3d and 4th, subdivisions of this section, who have openly advocated or who have voted for the reconstruction proposed by Congress and accept the equality of all men before the law, shall be deemed qualified electors under this constitution. Sec. 4. The general assembly shall have the power by a two-thirds vote of each house, approved by the governor to remove the disabilities included in the 1st, 2d, 3d and 4th subdivisions of section three, of this article, when it appears that such person applying for relief from such disabilities, has in good faith returned to his allegiance to the Government of the United States: Provided, The general assembly shall have no power to remove the disabilities of any person embraced in the aforesaid subdivisions who, after the adoption of this constitution by this convention, persists in opposing the acts of Congress and reconstruction thereunder. Sec. 5. All persons, before registering or voting must take and subscribe the following oath: “I, ——— ———, do solemnly swear, (or affirm,) that I will support and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Arkansas; that I am not excluded from registering or voting by any of the clauses in the 1st, 2d, 3d, or 4th subdivisions of article VIII of the constitution of the State of Arkansas; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color or previous condition, of any political or civil right, privilege or immunity enjoyed by any other class of men; and, furthermore, that I will not in any way injure, or countenance in others any attempt to injure person or persons, on account of past or present support of the Government of the United States, the laws of the United States or the principle of the political and civil equality of all men, or for affiliation with any political party:” Provided, That if any person shall knowingly and falsely take any oath in this constitution prescribed, such person so offending, and being thereof duly convicted, shall be subject to the pains, penalties and disabilities, which, by law are provided for the punishment of the crime of wilful and corrupt perjury. Sec. 6. Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same. Sec. 7. It shall be the duty of the general assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections. Article IX: EDUCATION Section 1. A general diffusion of knowledge and intelligence among all classes, being essential to the preservation of the rights and liberties of the people; the general assembly shall establish and maintain a system of free schools, for the gratuitous instruction of all persons in this State, between the ages of five and twenty-one years, and the funds appropriated for the support of common schools shall be distributed to the several counties, in proportion to the number of children and youths therein between the ages of five and twenty-one years, in such manner as shall be prescribed by law, but no religious or other sect or sects shall ever have any exclusive right to, or control of any part of the school-funds of this State. Sec. 2. The supervision of public schools shall be vested in a superintendent of public instruction, and such other officers as the general assembly shall provide. The superintendent of public instruction shall receive such salary and perform such duties as shall be prescribed by law. Sec. 3. The general assembly shall establish and maintain a State university, with departments for instruction in teaching, in agriculture, and the natural sciences as soon as the public school fund will permit. Sec. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by the United States or this State; also, all mines, [moneys?] stocks, bonds, lands and other property, now belonging to any fund for purposes of education, also the net proceeds of all sales of lands and other property and effects that may accrue to this State by escheat, or from sales of estrays or from unclaimed dividends or distributive shares of the estates of deceased persons, or from fines, penalties or forfeitures, also, any proceeds of the sales of public lands which may have been or may be hereafter paid over to this State (Congress consenting,) also the grants, gifts or devices that have been or hereafter may be made to this State and not otherwise appropriated by the terms of the grant, gift or devise, shall be securely invested and sacredly preserved as a public school fund, which shall be the common property of the State; the annual income of which fund, together with one dollar per capita to be annually assessed on every male inhabitant of this State over the age of twenty-one years, and so much of the ordinary annual revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the university, in this article provided for, and for no other uses or purposes whatever. Sec. 5. No part of the public school fund shall be invested in the stocks, or bonds or other obligations of any State, or any county, city, town or corporation. The stocks belonging to any school fund or university fund, shall be sold in such manner, and at such times as the general assembly shall prescribe, and the proceeds thereof, and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund, may be invested in the bonds of the United States. Sec. 6. No township or school district shall receive any portion of the public school fund, unless a free school shall have been kept therein for not less than three months during the year, for which distribution thereof is made. The general assembly shall require by law, that every child of sufficient mental and physical ability, shall attend the public schools during the period between the ages of five and eighteen years, for a term equivalent to three years unless educated by other means. Sec. 7. In case the public school fund shall be insufficient to sustain a free school at least three months in every year in each school district in this State, the general assembly shall provide by law, for raising such deficiency by levying such tax upon all taxable property in each county, township or school district as may be deemed proper. Sec. 8. The general assembly shall as far as it can be done without infringing upon vested rights, reduce all lands, moneys, or other property used or held for school purposes in the various counties of this State, into the public school fund herein provided for. Sec. 9. Provision shall also be made, by general laws, for raising such sum or sums of money by taxation, or otherwise in each school district as may be necessary for the building and furnishing of a sufficient number of suitable school-houses for the accommodation of all the pupils within the limits of the several school districts. Article X: FINANCES, TAXATION, PUBLIC DEBT AND EXPENDITURES Section 1. The levying of taxes by the poll is grievous and oppressive; therefor the general assembly shall never levy a poll-tax excepting for school purposes. Sec. 2. Laws shall be passed taxing by a uniform rule all money credit, investments in bonds, joint-stock companies, or otherwise; and also all real and personal property according to its true value in money; but burying-grounds, public school-houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, shall never be taxed. Real estate shall be appraised at least once every five years by an appraiser to be provided for by law, at its true value in money. Personal property shall be appraised in such manner as may be provided by law at its true value in money, but the general assembly may exempt from taxation personal property to the value of five hundred dollars to each tax-payer. Sec. 3. The general assembly shall provide by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects or dues of every description, without deduction, of all banks now existing, or hereafter created, and of all bankers, so that all property employed in banking, shall always bear a burden of taxation equal to that imposed on other property of individuals. Sec. 4. The general assembly shall provide for raising revenue sufficient to defray the expenses of the State for each year; and also a sufficient sum to pay the interest on the State debt. Sec. 5. No tax shall be levied except in pursuance of law; and every law imposing a tax, shall state distinctly the object of the same. Sec. 6. The credit of the State or counties shall never be loaned for any purpose without the consent of the people thereof expressed through the ballot-box. Sec. 7. The general assembly may require the exhibit of receipts and expenditures of State and county officers at such time and manner as may be prescribed by law. Sec. 8. No money shall be paid out of the treasury until the same shall have been appropriated by law. Sec. 9. The State may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; and the money arising from the creation of such debts shall be appropriated to the purpose for which it was obtained, or to pay the debt so contracted, and to no other. Sec. 10. In addition to the above power the State may contract debts to repel invasion, suppress insurrection, preserve the public peace, defend the State in time of war, or to redeem the present outstanding indebtedness of the State; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised and no other; and all debts incurred to redeem the present outstanding indebtedness of the State, shall be so contracted as to be payable by the sinking-fund hereinafter provided for, as the same shall accumulate. Sec. 11. The faith of the State being pledged for the payment of its debt, in order to provide therefor, there shall be created a sinking-fund; which shall be sufficient to pay the accruing interest on such debt, and annually to reduce the same. The said sinking-fund shall consist of such net earnings and profits of public institutions, bonds, stocks or other property of the State, or of any other funds or resources, that are or may be provided by law. Sec. 12. The governor, secretary of state, and attorney-general, are hereby created a board of commissioners to be styled “the commissioners of the sinking-fund.” Sec. 13. The commissioners of the sinking-fund shall, immediately preceding each regular session of the general assembly, make an estimate of the probable amount of the fund provided by the eleventh section of this article, from all sources, except from taxation, and report the same, together with all their proceedings relative to said fund and debt, and transmit the same to the general assembly, and the general assembly shall make all necessary provision for raising and disbursing said sinking-fund, in pursuance of the provisions of this article. Sec. 14. It shall be the duty of said commissioners faithfully to apply in such manner as the general assembly may by law direct, said fund, together with all moneys that may be by the general assembly appropriated to that object, to the payment of the interest as it becomes due, and the redemption of the principal of the public debt of the State, excepting only school and trust funds held by the State. Sec. 15. The principal arising from the sale of all lands donated to the State for school purposes, shall be paid into the treasury, and the State shall pay interest thereon, for the support of schools, at the rate of six per cent. per annum. Sec. 16. The State shall never assume the debts of county, town, city or other corporations, unless such debts have been created to repel invasion, suppress insurrection, or to provide for the public welfare and defence. Sec. 17. The general assembly shall tax all privileges, pursuits and occupations, that are of no real use to society; all others shall be exempt, and the amount thus raised shall be paid into the treasury. Article XI: MILITIA Section 1. All able-bodied electors in this State shall be liable to military duty in the militia of this State; but all citizens of any denomination whatever, who from scruples of conscience, may be adverse to bearing arms, shall be exempt therefrom upon such conditions as may be prescribed by law. Sec. 2. The general assembly shall provide for organizing, equipping, and disciplining the militia in such manner as it shall deem expedient, not incompatible with the laws of the United States. Sec. 3. The governor shall be commander-in-chief, and shall have power to call out the militia to execute the laws, to suppress insurrection, to repel invasion, and to preserve the public peace. Article XII: EXEMPTED PROPERTY Section 1. The personal property of any resident of this State, to the value of two thousand dollars, to be selected by such resident, shall be exempted from sale on execution or other final process of any court issued for the collection of any debt contracted after the adoption of this constitution. Sec. 2. Hereafter the homestead of any resident of this State who is a married man or head of a family shall not be encumbered in any manner while owned by him, except for taxes, laborers, and mechanics’ liens, and securities for the purchase-money thereof. Sec. 3. Every homestead not exceeding one hundred and sixty acres of land, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city, or village, or in lieu thereof, at the option of the owner, any lot in a city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of five thousand dollars, shall be exempted from sale on execution or any other final process from any court; but no property shall be exempt from sale for taxes, for the payment of obligations contracted for the purchase of said premises, for the erection of improvements thereon, or for labor performed for the owner thereof: Provided, That the benefit of the homestead herein provided for shall not be extended to persons who may be indebted for dues to the State, county, township, school, or other trust funds. Sec. 4. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right. Sec. 5. The homestead of a family after the death of the owner thereof shall be exempt from the payment of his debts in all cases during the minority of his children, and also so long as his widow shall remain unmarried, unless she be the owner of a homestead in her own right. Sec. 6. The real and personal property of any female in this State, acquired either before or after marriage, whether by gift, grant, inheritance, devise, or otherwise, shall, so long as she may choose, be and remain the separate estate and property of such female, and may be devised or bequeathed by her the same as if she were a feme-sole. Laws shall be passed providing for the registration of the wife’s separate property, and when so registered, and so long as it is not intrusted to the management or control of her husband otherwise than as an agent, it shall not be liable for any of his debts, engagements, or obligations. Article XIII: AMENDMENTS TO THE CONSTITUTION Section 1. Any amendments to this constitution may be proposed in either house of the general assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published as provided by law for three months previous to the time of making such choice; and if in the general assembly so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly voting thereon, such amendment or amendments shall become a part of the constitution of this State. Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of said amendments separately. Article XIV: APPORTIONMENT Section 1. The congressional districts shall remain as they now are: Provided, That the general assembly may, at the first session held after the adoption of this constitution, redistrict the State for congressional purposes. Sec. 2. Until after the apportionment, as herein provided for, the senatorial and representative districts shall be composed of the following counties, to wit: the 1st of Jackson, Craighead, Poinsett, Cross and Mississippi; 2d, of Lawrence, Randolph and Greene; 3d, of Madison, Marion, Carroll, Fulton and Izard; 4th, of Independence and Van Buren; 5th, of Searcy, Pope and Conway; 6th, of Newton, Johnson and Yell; 7th, of Washington and Benton; 8th, of Crawford, Franklin, and Sebastian; 9th, of Crittenden, Saint Francis and Woodruff; 10th, of Pulaski and White; 11th, of Phillips and Monroe; 12th, of Prairie and Arkansas; 13th, of Scott, Polk, Montgomery and Hot Springs; 14th, of Hempstead; 15th, of Lafayette and Little River; 16th, of Union and Calhoun; 17th, of Clark, Pike and Sevier; 18th, of Columbia; 19th, of Ouachita; 20th, of Jefferson and Bradley; 21st, of Dallas, Saline and Perry; 22d, of Ashley, Chicot, Drew and Desha. The senators and representatives shall be apportioned among the several senatorial and representative districts as follows, to wit: 1st district—one senator and four representatives. 2d district—one senator and three representatives. 3d district—one senator and four representatives. 4th district—one senator and three representatives. 5th district—one senator and three representatives. 6th district—one senator and three representatives. 7th district—one senator and four representatives. 8th district—one senator and four representatives. 9th district—one senator and four representatives. 10th district—two senators and six representatives. 11th district—two senators and six representatives. 12th district—one senator and four representatives. 13th district—one senator and three representatives. 14th district—one senator and three representatives. 15th district—one senator and three representatives. 16th district—one senator and two representatives. 17th district—one senator and four representatives. 18th district—one senator and three representatives. 19th district—one senator and two representatives. 20th district—two senators and six representatives. 21st district—one senator and two representatives. 22d district—two senators and six representatives. Article XV: MISCELLANEOUS PROVISIONS Section 1. The President of the convention shall, immediately after the adjournment thereof, cause this constitution to be deposited in the office of the secretary of state, and shall transmit a copy of the same to the President of the United States, to be by him laid before the Congress of the United States. Sec. 2. In all cases not otherwise provided for in this constitution, the general assembly may determine the mode of filling all vacancies in all offices, and of choosing all necessary officers, and shall define their respective powers and duties, and provide suitable compensation for all officers. Sec. 3. All general elections shall be held on the Tuesday succeeding the first Monday in November, and shall be biennial, commencing at the general election of ad 1868; but all officers elected under the provisions of this constitution and schedule, except members of Congress, at the election commencing on the 13th day of March, 1868, shall hold and continue in office, in accordance with the provisions of this constitution, the same as though elected at the general election, to be held on the Tuesday succeeding the first Monday in November, eighteen hundred and sixty-eight; and no election shall be held for said officers at the general election of eighteen hundred and sixty-eight. Sec. 4. All chartered cities and villages under the laws of this State shall hold their municipal elections for the year eighteen hundred and sixty-eight at such times and places as may be provided in this constitution and the schedule to the same. Sec. 5. The term of office of all township and precinct officers shall expire thirty days after this constitution goes into effect, and the governor shall thereafter appoint such officers, whose term of office shall continue until the general assembly shall provide by law for an election of said officers. Sec. 6. Until the general assembly shall otherwise provide, a prosecuting attorney for each judicial circuit shall be appointed by the governor, by and with the advice and consent of the senate, who shall hold his office for the term of four years, and until his successor is chosen and qualified: Provided, That the general assembly shall not interfere with the term of any appointed prosecuting attorney. Sec. 7. The compensation of senators and representatives shall be six dollars per diem during the first session after the adoption of this constitution, but may afterwards be prescribed by law: Provided, No increase of compensation shall be prescribed which shall take effect until the period for which the members of the house of representatives then existing shall have expired. Sec. 8. Senators and representatives shall receive twenty cents for each mile necessarily travelled in going to and returning from the seat of government in attending each session of the general assembly, until otherwise provided by law. Sec. 9. All salaries, fees, and per diem, or other compensation of all State, county, town, or other officers within the State, shall be payable in such funds as may by law be receivable for State taxes. Sec. 10. Any public fund set apart by the general assembly for one purpose shall not be used for another unless in each case otherwise specially authorized by law. Sec. 11. This convention shall appoint not more than three persons, learned in the law, whose duty it shall be to revise and re-arrange the statute-laws of this State, both civil and criminal, so as to have but one law on any one subject; and also three other persons, learned in the law, whose duty it shall be to prepare a code of practice for the courts, both civil and criminal, in this State, by abridging and simplifying the rules of practice and laws in relation thereto; all of whom shall, at as early a day as practicable, report the result of their labors to the general assembly for their adoption or modification. The general assembly shall provide suitable compensation for said persons appointed as aforesaid. Sec. 12. No county now established by law shall ever be reduced, by the establishment of any new county or counties, to less than six hundred square miles; nor shall any county be hereafter established which shall contain less than six hundred square miles. Sec. 13. No indenture of any person hereafter made and executed out of this State, or, if made in this State, where the term of service exceeds one year, shall be of the least validity, except those given in cases of apprenticeships, which shall not be for a longer term than until the apprentice shall arrive at the age of twenty-one years if a male, or eighteen years if a female. Sec. 14. All contracts for the sale or purchase of slaves are null and void, and no court of this State shall take cognizance of any suit founded on such contracts, nor shall any amount ever be collected or recovered on any judgment or decree which shall have been, or which hereafter may be, rendered on account of any such contract or obligation, on any pretext, legal or otherwise. Sec. 15. There shall be a great seal of the State, which shall be kept and used officially by the secretary of state; and the seal heretofore in use in this State shall continue to be the great seal of the State until another shall have been adopted by the general assembly. Sec. 16. Private seals are hereby abolished; and hereafter no distinction shall exist between sealed and unsealed instruments concerning contracts between individuals. All laws of this State not in conflict with this constitution shall remain in full force until otherwise provided by the general assembly, or until they expire by their own limitation. Nothing herein shall be construed to impair vested rights under provisions of existing laws. Sec. 17. All officers of this State, executive, legislative and judicial, before they enter upon the duties of their respective offices, shall take the following oath: “I, ——— ———, do solemnly swear (or affirm) that I am not disfranchised by the Constitution or laws of the United States, or the constitution of the State of Arkansas; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the Union of States, and the constitution and laws of the State of Arkansas; and that I will honestly and faithfully discharge the duties of the office on which I am about to enter, to the best of my ability. So help me God.” Sec. 18. The term of all officers elected or appointed under the provisions of this constitution, shall expire on the 1st day of January, eighteen hundred and seventy-three, unless herein otherwise provided. Sec. 19. No one shall be precluded from being elected or appointed to any office by reason of having been a delegate to this convention or an officer of the same. Sec. 20. No person shall be allowed or qualified to sit on any jury who is not a qualified elector. Sec. 21. The general assembly may by general law, declare the legal rate of interest upon contracts in which no rate of interest is specified; but no law limiting the rate of interest for which individuals may contract in this State shall ever be passed. Sec. 22. All judges and clerks of election appointed under provisions of this constitution shall take and subscribe to the oath of an elector, as provided in section 5 of Article VIII before they enter upon the duties of said offices; and said judges are hereby authorized to administer the oath to each other and to the clerks; also to administer the same to all electors offering to vote. Said judges and clerks shall also swear to discharge their respective duties to the best of their ability, according to law. Judges of election may appoint a suitable number of persons, who shall, with themselves, be conservators of the peace; and they are hereby empowered to arrest all offenders. Any one refusing to act as such when called on by the judges, shall be subject to a fine of at least one hundred dollars, or imprisonment not less than six months, or both. Schedule Section 1. On the 13th day of March, ad one thousand eight hundred and sixty-eight, and such successive days as hereinafter provided, an election shall be held for members of the House of Representatives of the United States, governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, superintendent of public instruction, judges of the supreme court, members of the general assembly, and all county officers, and also for the submission of this constitution to the people for their adoption or rejection. Sec. 2. Upon the days designated as aforesaid, every qualified elector under the provisions of this constitution may vote for all officers to be elected under this constitution at such election; and also for or against the adoption of this constitution. Sec. 3. In voting for or against the adoption of this constitution, the words “For constitution” or “against constitution” shall be written or printed on the ballot of each voter, but no voter shall vote for or against this constitution on a separate ballot from that cast by him for officers to be elected at said election under this constitution. Sec. 4. A board of commissioners is hereby appointed, to consist of James L. Hodges, Joseph Brooks, and the president of this convention, any two of whom shall constitute a quorum to transact business, who shall keep an office for the transaction of business in Little Rock, and who may employ such clerical force as may be necessary, said clerks not to receive more per day for each day actually employed than the per diem paid the assistant secretaries of this convention, and who are empowered and authorized to appoint, or cause to be appointed, suitable persons for judges and clerks of election in each county in this State, to hold the election therein for all State and county officers, and for members of the general assembly and of the House of Representatives of the United States, and also for the ratification of this constitution. Said election shall be held at such times and places in each county, commencing on the thirteenth day of March, and continuing on such successive days as the commissioners may direct, to secure a full and fair vote at such election. Sec. 5. The judges of election appointed as aforesaid shall make returns of the same to said commissioners in such manner and under such regulations as said commissioners may prescribe, which returns shall show the number of votes cast at said election for and against this constitution, and the number cast for each candidate for the offices provided for in this constitution and schedule. Sec. 6. Any person contesting the election under this constitution for any State officer or member of the general assembly, shall do so before said board of commissioners, who shall have power to decide and declare the right to any office contested, and give the candidate legally elected a certificate of the same: Provided, Said commissioners may, in the cases of members of the general assembly whose right to the seats may be contested, refer the same to the general assembly for their determination. Said board of commissioners shall appoint the judges and clerks of the municipal elections to be held under the provisions of this constitution. Said judges shall conduct and make returns of said elections in the manner prescribed by the charter of the city or village in which said municipal election shall be held. Sec. 7. Said commissioners shall appoint suitable persons as boards in every county, to hear and decide all cases of contested county elections. Sec. 8. The said commissioners shall have power to inquire into the fairness or validity of the voting upon the ratification of this constitution, and to count the votes given at said election, and shall reject all fraudulent or illegal votes cast at said election; and said commissioners shall also have power, whenever it is made to appear that fraud, fear, violence, improper influence, or restraint were used, or persons were prevented or intimidated from voting at such elections, to take such steps, either by setting aside the election and ordering a new one, or rejecting votes, or correcting the result in any county or precinct as may in such cases be just and equitable. Sec. 9. The said commissioners shall declare the result of the election upon the ratification of this constitution, and, if adopted, the president of this convention shall transmit a certified copy of the same, together with an abstract of the votes cast, to the President of the United States, to be by him laid before the Congress of the United States for their approval or rejection, and shall also declare the officers elected thereunder; and if declared ratified, the constitution shall from and after that date be in full force and effect. Sec. 10. No person disqualified from voting or registering under this constitution shall vote for candidates for any office, nor shall be permitted to vote for the ratification or rejection of this constitution at the polls herein authorized. The governor and all other officers elected under this constitution shall enter upon the duties of their offices when they shall have been declared duly elected by said board of commissioners, and shall have been duly qualified. All officers shall qualify and enter upon the discharge of the duties of their offices within fifteen days after they have been duly notified of their election or appointment. Sec. 11. Upon notice of the election or appointment and qualification of the officers elected or appointed under this constitution, the present incumbents of all State, county, and city offices shall vacate the same and turn over to the officers so elected or appointed and qualified hereunder all books, papers, records, moneys, and documents belonging or pertaining to said offices on application made by the officers elected or appointed and qualified under this constitution. Sec. 12. Any person may vote at the polls herein authorized for the election of officers and ratification of this constitution whom the judges of said election shall be satisfied by oath of the person offering to vote, and such other satisfactory evidence as they may require, is a legally qualified elector under this constitution: Provided, The judges of election shall administer to every person offering to vote at said election the oath prescribed in this constitution. Sec. 13. In the event that either of the three commissioners appointed by section 4 hereof should be a candidate for any office, the other two commissioners shall canvass the vote so far as it relates to that office, and issue the certificate to the person elected. Sec. 14. In case of death or any disability of any member or members of said board of commissioners, the remaining commissioner or commissioners shall have power to fill the vacancy; and said commissioner or commissioners so appointed shall have full power to act as though originally appointed. Sec. 15. Any person selling or giving away intoxicating liquor during the time of the election herein provided for, shall be punished by a fine not less than two hundred dollars for each and every offense, or imprisonment not less than six months, or both. Sec. 16. Said commissioners shall provide suitable poll-books for each county, and such instructions as may be necessary to carry into effect the provisions of this schedule. Judges and clerks of election thus appointed shall receive the same per diem as the boards of registers provided for in the act entitled “An act to provide for the more efficient government of the rebel States,” passed March second, eighteen hundred and sixty-seven, and acts supplementary thereto. Sec. 17. The commissioners herein appointed shall receive for their services, for each day actually employed, such compensation per day, and allowances, and in such manner as are now provided for members of this convention. All expenses incurred under this schedule, not otherwise provided for, shall be paid out of the appropriation for defraying the expenses of this convention. Done in convention, at Little Rock, the eleventh day of February, in the year of our Lord one thousand eight hundred and sixty-eight, and of the Independence of the United States the ninety-second. In witness whereof we have hereunto subscribed our names. Thos. M. Bowen, President. John G. Price, Secretary. AMENDMENT TO CONSTITUTION OF 1868. (April 19, 1873) Article VIII Section 1. The following class of persons shall not be permitted to register, vote or hold office in this State: First. Persons who may have been convicted before any court in this State, or of the United States, or any other State of any crime punishable by law with death or confinement in the penitentiary: Provided, That any person disfranchised under this section who may be pardoned or his sentence commuted. Such pardon or commutation of sentence shall remove all disabilities imposed by this section. Second. Paupers, idiots and insane persons. Sec. 2. Every male person who has attained the age of twenty one years, and who is a citizen of the United States, or who has legally declared his intention to become a citizen thereof, who shall have resided in this State six months, and in the county in which he offered to vote ten days next preceding the election, shall be deemed a qualified elector and entitled to vote, if registered, unless disqualified by some one of the clauses of section one of this article. Sec. 3. In all elections by the people the electors shall vote by ballot. The secrecy of the ballot shall be preserved inviolate, and the General Assembly shall provide laws for that purpose. On the day of an election held by the people no elector shall be subject to arrest or any civil process. The General Assembly shall pass adequate laws to prevent the sale of intoxicating liquors on the day on which any election by the people may be held. [Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.] Source: The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States and Territories now or heretofore forming the United States of America, compiled and edited by Francis Newton Thorpe (Washington: Government Printing Office, 1909). Vol. I United States-Alabama-District of Columbia. https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-i-united-states-alabama-district-of-columbia#lf1514-01_head_378

December 03, 1867 Fellow-Citizens of the Senate and House of Representatives: The continued disorganization of the Union, to which the President has so often called the attention of Congress, is yet a subject of profound and patriotic concern. We may, however, find some relief from that anxiety in the reflection that the painful political situation, although before untried by ourselves, is not new in the experience of nations. Political science, perhaps as highly perfected in our own time and country as in any other, has not yet disclosed any means by which civil wars can be absolutely prevented. An enlightened nation, however, with a wise and beneficent constitution of free government, may diminish their frequency and mitigate their severity by directing all its proceedings in accordance with its fundamental law. When a civil war has been brought to a close, it is manifestly the first interest and duty of the state to repair the injuries which the war has inflicted, and to secure the benefit of the lessons it teaches as fully and as speedily as possible. This duty was, upon the termination of the rebellion, promptly accepted not only by the executive department, but by the insurrectionary States themselves, and restoration in the first moment of peace was believed to be as easy and certain as it was indispensable. The expectations, however, then so reasonably and confidently entertained were disappointed by legislation from which I felt constrained by my obligations to the Constitution to withhold my assent. It is therefore a source of profound regret that in complying with the obligation imposed upon the President by the Constitution to give to Congress from time to time information of the state of the Union I am unable to communicate any definitive adjustment satisfactory to the American people, of the questions which since the close of the rebellion have agitated the public mind. On the contrary, candor compels me to declare that at this time there is no Union as our fathers understood the term, and as they meant it to be understood by us. The Union which they established can exist only where all the States are represented in both Houses of Congress; where one State is as free as another to regulate its internal concerns according to its own will, and where the laws of the central Government, strictly confined to matters of national jurisdiction, apply with equal force to all the people of every section. That such is not the present "state of the Union" is a melancholy fact, and we must all acknowledge that the restoration of the States to their proper legal relations with the Federal Government and with one another, according to the terms of the original compact, would be the greatest temporal blessing which God, in His kindest providence, could bestow upon this nation. It becomes our imperative duty to consider whether or not it is impossible to effect this most desirable consummation. The Union and the Constitution are inseparable. As long as one is obeyed by all parties, the other will be preserved; and if one is destroyed, both must perish together. The destruction of the Constitution will be followed by other and still greater calamities. It was ordained not only to form a more perfect union between the States, but to "establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Nothing but implicit obedience to its requirements in all parts of the country will accomplish these great ends. Without that obedience we can look forward only to continual outrages upon individual rights, incessant breaches of the public peace, national weakness, financial dishonor, the total loss of our prosperity, the general corruption of morals, and the final extinction of popular freedom. To save our country from evils so appalling as these, we should renew our efforts again and again. To me the process of restoration seems perfectly plain and simple. It consists merely in a faithful application of the Constitution and laws. The execution of the laws is not now obstructed or opposed by physical force. There is no military or other necessity, real or pretended, which can prevent obedience to the Constitution, either North or South. All the rights and all the obligations of States and individuals can be protected and enforced by means perfectly consistent with the fundamental law. The courts may be everywhere open, and if open their process would be unimpeded. Crimes against the United States can be prevented or punished by the proper judicial authorities in a manner entirely practicable and legal. There is therefore no reason why the Constitution should not be obeyed, unless those who exercise its powers have determined that it shall be disregarded and violated. The mere naked will of this Government, or of some one or more of its branches, is the only obstacle that can exist to a perfect union of all the States. On this momentous question and some of the measures growing out of it I have had the misfortune to differ from Congress, and have expressed my convictions without reserve, though with becoming deference to the opinion of the legislative department. Those convictions are not only unchanged, but strengthened by subsequent events and further reflection The transcendent importance of the subject will be a sufficient excuse for calling your attention to some of the reasons which have so strongly influenced my own judgment. The hope that we may all finally concur in a mode of settlement consistent at once with our true interests and with our sworn duties to the Constitution is too natural and too just to be easily relinquished. It is clear to my apprehension that the States lately in rebellion are still members of the National Union. When did they cease to be so? The "ordinances of secession" adopted by a portion (in most of them a very small portion) of their citizens were mere nullities. If we admit now that they were valid and effectual for the purpose intended by their authors, we sweep from under our feet the whole ground upon which we justified the war. Were those States afterwards expelled from the Union by the war? The direct contrary was averred by this Government to be its purpose, and was so understood by all those who gave their blood and treasure to aid in its prosecution. It can not be that a successful war, waged for the preservation of the Union, had the legal effect of dissolving it. The victory of the nation's arms was not the disgrace of her policy; the defeat of secession on the battlefield was not the triumph of its lawless principle. Nor could Congress, with or without the consent of the Executive, do anything which would have the effect, directly or indirectly, of separating the States from each other. To dissolve the Union is to repeal the Constitution which holds it together, and that is a power which does not belong to any department of this Government, or to all of them united. This is so plain that it has been acknowledged by all branches of the Federal Government. The Executive (my predecessor as well as myself) and the heads of all the Departments have uniformly acted upon the principle that the Union is not only undissolved, but indissoluble. Congress submitted an amendment of the Constitution to be ratified by the Southern States, and accepted their acts of ratification as a necessary and lawful exercise of their highest function. If they were not States, or were States out of the Union, their consent to a change in the fundamental law of the Union would have been nugatory, and Congress in asking it committed a political absurdity. The judiciary has also given the solemn sanction of its authority to the same view of the case. The judges of the Supreme Court have included the Southern States in their circuits, and they are constantly, in banc and elsewhere, exercising jurisdiction which does not belong to them unless those States are States of the Union. If the Southern States are component parts of the Union, the Constitution is the supreme law for them, as it is for all the other States. They are bound to obey it, and so are we. The right of the Federal Government, which is clear and unquestionable. to enforce the Constitution upon them implies the correlative obligation on our part to observe its limitations and execute its guaranties. Without the Constitution we are nothing; by, through, and under the Constitution we are what it makes us. We may doubt the wisdom of the law, we may not approve of its provisions, but we can not violate it merely because it seems to confine our powers within limits narrower than we could wish. It is not a question of individual or class or sectional interest, much less of party predominance, but of duty--of high and sacred duty--which we are all sworn to perform. If we can not support the Constitution with the cheerful alacrity of those who love and believe in it, we must give to it at least the fidelity of public servants who act under solemn obligations and commands which they dare not disregard. The constitutional duty is not the only one which requires the States to be restored. There is another consideration which, though of minor importance, is yet of great weight. On the 22d day of July, 1861, Congress declared by an almost unanimous vote of both Houses that the war should be conducted solely for the purpose of preserving the Union and maintaining the supremacy of the Federal Constitution and laws, without impairing the dignity, equality, and rights of the States or of individuals. and that when this was done the war should cease. I do not say that this declaration is personally binding on those who joined in making it, any more than individual members of Congress are personally bound to pay a public debt created under a law for which they voted. But it was a solemn. public, official pledge of the national honor, and I can not imagine upon what grounds the repudiation of it is to be justified. If it be said that we are not bound to keep faith with rebels, let it be remembered that this promise was not made to rebels only. Thousands of true men in the South were drawn to our standard by it, and hundreds of thousands in the North gave their lives in the belief that it would be carried out. It was made on the day after the first great battle of the war had been fought and lost. All patriotic and intelligent men then saw the necessity of giving such an assurance, and believed that without it the war would end in disaster to our cause. Having given that assurance in the extremity of our peril, the violation of it now, in the day of our power, would be a rude rending of that good faith which holds the moral world together; our country would cease to have any claim upon the confidence of men; it would make the war not only a failure, but a fraud. Being sincerely convinced that these views are correct, I would be unfaithful to my duty if I did not recommend the repeal of the acts of Congress which place ten of the Southern States under the domination of military masters. If calm reflection shall satisfy a majority of your honorable bodies that the acts referred to are not only a violation of the national faith, but in direct conflict with the Constitution, I dare not permit myself to doubt that you will immediately strike them from the statute book. To demonstrate the unconstitutional character of those acts I need do no more than refer to their general provisions. It must be seen at once that they are not authorized. To dictate what alterations shall be made in the constitutions of the several States; to control the elections of State legislators and State officers, members of Congress and electors of President and Vice-President, by arbitrarily declaring who shall vote and who shall be excluded from that privilege; to dissolve State legislatures or prevent them from assembling; to dismiss judges and other civil functionaries of the State and appoint others without regard to State law; to organize and operate all the political machinery of the States; to regulate the whole administration of their domestic and local affairs according to the mere will of strange and irresponsible agents, sent among them for that purpose--these are powers not granted to the Federal Government or to any one of its branches. Not being granted, we violate our trust by assuming them as palpably as we would by acting in the face of a positive interdict; for the Constitution forbids us to do whatever it does not affirmatively authorize, either by express words or by clear implication. If the authority we desire to use does not come to us through the Constitution, we can exercise it only by usurpation, and usurpation is the most dangerous of political crimes. By that crime the enemies of free government in all ages have worked out their designs against public liberty and private right. It leads directly and immediately to the establishment of absolute rule, for undelegated power is always unlimited and unrestrained. The acts of Congress in question are not only objectionable for their assumption of ungranted power, but many of their provisions are in conflict with the direct prohibitions of the Constitution. The Constitution commands that a republican form of government shall be guaranteed to all the States; that no person shall be deprived of life, liberty, or property without due process of law, arrested without a judicial warrant, or punished without a fair trial before an impartial jury; that the privilege of habeas corpus shall not be denied in time of peace, and that no bill of attainder shall be passed even against a single individual. Yet the system of measures established by these acts of Congress does totally subvert and destroy the form as well as the substance of republican government in the ten States to which they apply. It binds them hand and foot in absolute slavery, and subjects them to a strange and hostile power, more unlimited and more likely to be abused than any other now known among civilized men. It tramples down all those rights in which the essence of liberty consists, and which a free government is always most careful to protect. It denies the habeas corpus and the trial by jury. Personal freedom, property, and life, if assailed by the passion, the prejudice, or the rapacity of the ruler, have no security whatever. It has the effect of a bill of attainder or bill of pains and penalties, not upon a few individuals, but upon whole masses, including the millions who inhabit the subject States, and even their unborn children. These wrongs, being expressly forbidden, can not be constitutionally inflicted upon any portion of our people, no matter how they may have come within our jurisdiction, and no matter whether they live in States, Territories, or districts. I have no desire to save from the proper and just consequences of their great crime those who engaged in rebellion against the Government, but as a mode of punishment the measures under consideration are the most unreasonable that could be invented. Many of those people are perfectly innocent; many kept their fidelity to the Union untainted to the last; many were incapable of any legal offense; a large proportion even of the persons able to bear arms were forced into rebellion against their will, and of those who are guilty with their own consent the degrees of guilt are as various as the shades of their character and temper. But these acts of Congress confound them all together in one common doom. Indiscriminate vengeance upon classes, sects, and parties, or upon whole communities, for offenses committed by a portion of them against the governments to which they owed obedience was common in the barbarous ages of the world; but Christianity and civilization have made such progress that recourse to a punishment so cruel and unjust would meet with the condemnation of all unprejudiced and right-minded men. The punitive justice of this age, and especially of this country, does not consist in stripping whole States of their liberties and reducing all their people, without distinction, to the condition of slavery. It deals separately with each individual, confines itself to the forms of law, and vindicates its own purity by an impartial examination of every case before a competent judicial tribunal. If this does not satisfy all our desires with regard to Southern rebels, let us console ourselves by reflecting that a free Constitution, triumphant in war and unbroken in peace, is worth far more to us and our children than the gratification of any present feeling. I am aware it is assumed that this system of government for the Southern States is not to be perpetual. It is true this military government is to be only provisional, but it is through this temporary evil that a greater evil is to be made perpetual. If the guaranties of the Constitution can be broken provisionally to serve a temporary purpose, and in a part only of the country, we can destroy them everywhere and for all time. Arbitrary measures often change, but they generally change for the worse. It is the curse of despotism that it has no halting place. The intermitted exercise of its power brings no sense of security to its subjects, for they can never know what more they will be called to endure when its red right hand is armed to plague them again. Nor is it possible to conjecture how or where power, unrestrained by law, may seek its next victims. The States that are still free may be enslaved at any moment; for if the Constitution does not protect all, it protects none. It is manifestly and avowedly the object of these laws to confer upon Negroes the privilege of voting and to disfranchise such a number of white citizens as will give the former a clear majority at all elections in the Southern States. This, to the minds of some persons, is so important that a violation of the Constitution is justified as a means of bringing it about. The morality is always false which excuses a wrong because it proposes to accomplish a desirable end. We are not permitted to do evil that good may come. But in this case the end itself is evil, as well as the means. The subjugation of the States to Negro domination would be worse than the military despotism under which they are now suffering. It was believed beforehand that the people would endure any amount of military oppression for any length of time rather than degrade themselves by subjection to the Negro race. Therefore they have been left without a choice. Negro suffrage was established by act of Congress, and the military officers were commanded to superintend the process of clothing the Negro race with the political privileges torn from white men. The blacks in the South are entitled to be well and humanely governed, and to have the protection of just laws for all their rights of person and property. If it were practicable at this time to give them a Government exclusively their own, under which they might manage their own affairs in their own way, it would become a grave question whether we ought to do so, or whether common humanity would not require us to save them from themselves. But under the circumstances this is only a speculative point. It is not proposed merely that they shall govern themselves, but that they shall rule the white race, make and administer State laws, elect Presidents and members of Congress, and shape to a greater or less extent the future destiny of the whole country. Would such a trust and power be safe in such hands? The peculiar qualities which should characterize any people who are fit to decide upon the management of public affairs for a great state have seldom been combined. It is the glory of white men to know that they have had these qualities in sufficient measure to build upon this continent a great political fabric and to preserve its stability for more than ninety years, while in every other part of the world all similar experiments have failed. But if anything can be proved by known facts, if all reasoning upon evidence is not abandoned, it must be acknowledged that in the progress of nations Negroes have shown less capacity for government than any other race of people. No independent government of any form has ever been successful in their hands. On the contrary, wherever they have been left to their own devices they have shown a constant tendency to relapse into barbarism. In the Southern States, however, Congress has undertaken to confer upon them the privilege of the ballot. Just released from slavery, it may be doubted whether as a class they know more than their ancestors how to organize and regulate civil society. indeed, it is admitted that the blacks of the South are not only regardless of the rights of property, but so utterly ignorant of public affairs that their voting can consist in nothing more than carrying a ballot to the place where they are directed to deposit it. I need not remind you that the exercise of the elective franchise is the highest attribute of an American citizen, and that when guided by virtue, intelligence, patriotism, and a proper appreciation of our free institutions it constitutes the true basis of a democratic form of government, in which the sovereign power is lodged in the body of the people. A trust artificially created, not for its own sake, but solely as a means of promoting the general welfare, its influence for good must necessarily depend upon the elevated character and true allegiance of the elector. It ought, therefore, to be reposed in none except those who are fitted morally and mentally to administer it well; for if conferred upon persons who do not justly estimate its value and who are indifferent as to its results, it will only serve as a means of placing power in the hands of the unprincipled and ambitious, and must eventuate in the complete destruction of that liberty of which it should be the most powerful conservator. I have therefore heretofore urged upon your attention the great danger-- to be apprehended from an untimely extension of the elective franchise to any new class in our country, especially when the large majority of that class, in wielding the power thus placed in their hands, can not be expected correctly to comprehend the duties and responsibilities which pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held in a condition of slavery that had existed for generations; to-day they are freemen and are assumed by law to be citizens. It can not be presumed, from their previous condition of servitude, that as a class they are as well informed as to the nature of our Government as the intelligent foreigner who makes our land the home of his choice. In the case of the latter neither a residence of five years and the knowledge of our institutions which it gives nor attachment to the principles of the Constitution are the only conditions upon which he can be admitted to citizenship; he must prove in addition a good moral character, and thus give reasonable ground for the belief that he will be faithful to the obligations which he assumes as a citizen of the Republic. Where a people--the source of all political power--speak by their suffrages through the instrumentality of the ballot box, it must be carefully guarded against the control of those who are corrupt in principle and enemies of free institutions, for it can only become to our political and social system a safe conductor of healthy popular sentiment when kept free from demoralizing influences. Controlled through fraud and usurpation by the designing, anarchy and despotism must inevitably follow. In the hands of the patriotic and worthy our Government will be preserved upon the principles of the Constitution inherited from our fathers. It follows, therefore, that in admitting to the ballot box a new class of voters not qualified for the exercise of the elective franchise we weaken our system of government instead of adding to its strength and durability. I yield to no one in attachment to that rule of general suffrage which distinguishes our policy as a nation. But there is a limit, wisely observed hitherto, which makes the ballot a privilege and a trust, and which requires of some classes a time suitable for probation and preparation. To give it indiscriminately to a new class, wholly unprepared by previous habits and opportunities to perform the trust which it demands, is to degrade it, and finally to destroy its power, for it may be safely assumed that no political truth is better established than that such indiscriminate and all-embracing extension of popular suffrage must end at last in its destruction. I repeat the expression of my willingness to join in any plan within the scope of our constitutional authority which promises to better the condition of the Negroes in the South, by encouraging them in industry, enlightening their minds, improving their morals, and giving protection to all their just rights as freedmen. But the transfer of our political inheritance to them would, in my opinion, be an abandonment of a duty which we owe alike to the memory of our fathers and the rights of our children. The plan of putting the Southern States wholly and the General Government partially into the hands of Negroes is proposed at a time peculiarly unpropitious. The foundations of society have been broken up by civil war. Industry must be reorganized, justice reestablished, public credit maintained, and order brought out of confusion. To accomplish these ends would require all the wisdom and virtue of the great men who formed our institutions originally. I confidently believe that their descendants will be equal to the arduous task before them, but it is worse than madness to expect that Negroes will perform it for us. Certainly we ought not to ask their assistance till we despair of our own competency. The great difference between the two races in physical, mental, and moral characteristics will prevent an amalgamation or fusion of them together in one homogeneous mass. If the inferior obtains the ascendency over the other, it will govern with reference only to its own interests for it will recognize no common interest--and create such a tyranny as this continent has never yet witnessed. Already the Negroes are influenced by promises of confiscation and plunder. They are taught to regard as an enemy every white man who has any respect for the rights of his own race. If this continues it must become worse and worse, until all order will be subverted, all industry cease, and the fertile fields of the South grow up into a wilderness. Of all the dangers which our nation has yet encountered, none are equal to those which must result from the success of the effort now making to Africanize the half of our country. I would not put considerations of money in competition with justice and right; but the expenses incident to "reconstruction" under the system adopted by Congress aggravate what I regard as the intrinsic wrong of the measure itself. It has cost uncounted millions already, and if persisted in will add largely to the weight of taxation, already too oppressive to be borne without just complaint, and may finally reduce the Treasury of the nation to a condition of bankruptcy. We must not delude ourselves. It will require a strong standing army and probably more than $200,000,000 per annum to maintain the supremacy of Negro governments after they are established. The sum thus thrown away would, if properly used, form a sinking fund large enough to pay the whole national debt in less than fifteen years. It is vain to hope that Negroes will maintain their ascendency themselves. Without military power they are wholly incapable of holding in subjection the white people of the South. I submit to the judgment of Congress whether the public credit may not be injuriously affected by a system of measures like this. With our debt and the vast private interests which are complicated with it, we can not be too cautious of a policy which might by possibility impair the confidence of the world in our Government. That confidence can only be retained by carefully inculcating the principles of justice and honor on the popular mind and by the most scrupulous fidelity to all our engagements of every sort. Any serious breach of the organic law, persisted in for a considerable time, can not but create fears for the stability of our institutions. Habitual violation of prescribed rules, which we bind ourselves to observe, must demoralize the people. Our only standard of civil duty being set at naught, the sheet anchor of our political morality is lost, the public conscience swings from its moorings and yields to every impulse of passion and interest. If we repudiate the Constitution, we will not be expected to care much for mere pecuniary obligations. The violation of such a pledge as we made on the 22d day of July, 1861, will assuredly diminish the market value of our other promises. Besides, if we acknowledge that the national debt was created, not to hold the States in the Union, as the taxpayers were led to suppose, but to expel them from it and hand them over to be governed by Negroes, the moral duty to pay it may seem much less clear. I say it may seem so, for I do not admit that this or any other argument in favor of repudiation can be entertained as sound; but its influence on some classes of minds may well be apprehended. The financial honor of a great commercial nation, largely indebted and with a republican form of government administered by agents of the popular choice, is a thing of such delicate texture and the destruction of it would be followed by such unspeakable calamity that every true patriot must desire to avoid whatever might expose it to the slightest danger. The great interests of the country require immediate relief from these enactments. Business in the South is paralyzed by a sense of general insecurity, by the terror of confiscation, and the dread of Negro supremacy. The Southern trade, from which the North would have derived so great a profit under a government of law, still languishes, and can never be revived until it ceases to be fettered by the arbitrary power which makes all its operations unsafe. That rich country--the richest in natural resources the world ever saw--is worse than lost if it be not soon placed under the protection of a free constitution. Instead of being, as it ought to be, a source of wealth and power, it will become an intolerable burden upon the rest of the nation. Another reason for retracing our steps will doubtless be seen by Congress in the late manifestations of public opinion upon this subject. We live in a country where the popular will always enforces obedience to itself, sooner or later. It is vain to think of opposing it with anything short of legal authority backed by overwhelming force. It can not have escaped your attention that from the day on which Congress fairly and formally presented the proposition to govern the Southern States by military force, with a view to the ultimate establishment of Negro supremacy, every expression of the general sentiment has been more or less adverse to it. The affections of this generation can not be detached from the institutions of their ancestors. Their determination to preserve the inheritance of free government in their own hands and transmit it undivided and unimpaired to their own posterity is too strong to be successfully opposed. Every weaker passion will disappear before that love of liberty and law for which the American people are distinguished above all others in the world. How far the duty of the President "to preserve, protect, and defend the Constitution" requires him to go in opposing an unconstitutional act of Congress is a very serious and important question, on which I have deliberated much and felt extremely anxious to reach a proper conclusion. Where an act has been passed according to the forms of the Constitution by the supreme legislative authority, and is regularly enrolled among the public statutes of the country, Executive resistance to it, especially in times of high party excitement, would be likely to produce violent collision between the respective adherents of the two branches of the Government. This would be simply civil war, and civil war must be resorted to only as the last remedy for the worst of evils. Whatever might tend to provoke it should be most carefully avoided. A faithful and conscientious magistrate will concede very much to honest error, and something even to perverse malice, before he will endanger the public peace; and he will not adopt forcible measures, or such as might lead to force, as long as those which are peaceable remain open to him or to his constituents. It is true that cases may occur in which the Executive would be compelled to stand on its rights, and maintain them regardless of all consequences. If Congress should pass an act which is not only in palpable conflict with the Constitution, but will certainly, if carried out, produce immediate and irreparable injury to the organic structure of the Government, and if there be neither judicial remedy for the wrongs it inflicts nor power in the people to protect themselves without the official aid of their elected defender--if, for instance, the legislative department should pass an act even through all the forms of law to abolish a coordinate department of the Government--in such a case the President must take the high responsibilities of his office and save the life of the nation at all hazards. The so-called reconstruction acts, though as plainly unconstitutional as any that can be imagined, were not believed to be within the class last mentioned. The people were not wholly dis-armed of the power of self-defense. In all the Northern States they still held in their hands the sacred right of the ballot, and it was safe to believe that in due time they would come to the rescue of their own institutions. It gives me pleasure to add that the appeal to our common constituents was not taken in vain, and that my confidence in their wisdom and virtue seems not to have been misplaced. It is well and publicly known that enormous frauds have been perpetrated on the Treasury and that colossal fortunes have been made at the public expense. This species of corruption has increased, is increasing, and if not diminished will soon bring us into total ruin and disgrace. The public creditors and the taxpayers are alike interested in an honest administration of the finances, and neither class will long endure the large-handed robberies of the recent past. For this discreditable state of things there are several causes. Some of the taxes are so laid as to present an irresistible temptation to evade payment. The great sums which officers may win by connivance at fraud create a pressure which is more than the virtue of many can withstand, and there can be no doubt that the open disregard of constitutional obligations avowed by some of the highest and most influential men in the country has greatly weakened the moral sense of those who serve in subordinate places. The expenses of the United States, including interest on the public debt, are more than six times as much as they were seven years ago. To collect and disburse this vast amount requires careful supervision as well as systematic vigilance. The system, never perfected, was much disorganized by the "tenure-of-office bill," which has almost destroyed official accountability. The President may be thoroughly convinced that an officer is incapable, dishonest, or unfaithful to the Constitution, but under the law which I have named the utmost he can do is to complain to the Senate and ask the privilege of supplying his place with a better man. If the Senate be regarded as personally or politically hostile to the President, it is natural, and not altogether unreasonable, for the officer to expect that it will take his part as far as possible, restore him to his place, and give him a triumph over his Executive superior. The officer has other chances of impunity arising from accidental defects of evidence, the mode of investigating it, and the secrecy of the hearing. It is not wonderful that official malfeasance should become bold in proportion as the delinquents learn to think themselves safe. I am entirely persuaded that under such a rule the President can not perform the great duty assigned to him of seeing the laws faithfully executed, and that it disables him most especially from enforcing that rigid accountability which is necessary to the due execution of the revenue laws. The Constitution invests the President with authority to decide whether a removal should be made in any given case; the act of Congress declares in substance that he shall only accuse such as he supposes to be unworthy of their trust. The Constitution makes him sole judge in the premises, but the statute takes away his jurisdiction, transfers it to the Senate, and leaves him nothing but the odious and sometimes impracticable duty of becoming a prosecutor. The prosecution is to be conducted before a tribunal whose members are not, like him, responsible to the whole people, but to separate constituent bodies, and who may hear his accusation with great disfavor. The Senate is absolutely without any known standard of decision applicable to such a case. Its judgment can not be anticipated, for it is not governed by any rule. The law does not define what shall be deemed good cause for removal. It is impossible even to conjecture what may or may not be so considered by the Senate. The nature of the subject forbids clear proof. If the charge be incapacity, what evidence will support it? Fidelity to the Constitution may be understood or misunderstood in a thousand different ways, and by violent party men, in violent party times, unfaithfulness to the Constitution may even come to be considered meritorious. If the officer be accused of dishonesty, how shall it be made out? Will it be inferred from acts unconnected with public duty, from private history, or from general reputation, or must the President await the commission of an actual misdemeanor in office? Shall he in the meantime risk the character and interest of the nation in the hands of men to whom he can not give his confidence? Must he forbear his complaint until the mischief is done and can not be prevented? If his zeal in the public service should impel him to anticipate the overt act, must he move at the peril of being tried himself for the offense of slandering his subordinate? In the present circumstances of the country someone must be held responsible for official delinquency of every kind. It is extremely difficult to say where that responsibility should be thrown if it be not left where it has been placed by the Constitution. But all just men will admit that the President ought to be entirely relieved from such responsibility if he can not meet it by reason of restrictions placed by law upon his action. The unrestricted power of removal from office is a very great one to be trusted even to a magistrate chosen by the general suffrage of the whole people and accountable directly to them for his acts. It is undoubtedly liable to abuse, and at some periods of our history perhaps has been abused. If it be thought desirable and constitutional that it should be so limited as to make the President merely a common informer against other public agents, he should at least be permitted to act in that capacity before some open tribunal, independent of party politics, ready to investigate the merits of every case, furnished with the means of taking evidence, and bound to decide according to established rules. This would guarantee the safety of the accuser when he acts in good faith, and at the same time secure the rights of the other party. I speak, of course, with all proper respect for the present Senate, but it does not seem to me that any legislative body can be so constituted as to insure its fitness for these functions. It is not the theory of this Government that public offices are the property of those who hold them. They are given merely as a trust for the public benefit, sometimes for a fixed period, sometimes during good behavior, but generally they are liable to be terminated at the pleasure of the appointing power, which represents the collective majesty and speaks the will of the people. The forced retention in office of a single dishonest person may work great injury to the public interests. The danger to the public service comes not from the power to remove, but from the power to appoint. Therefore it was that the framers of the Constitution left the power of removal unrestricted, while they gave the Senate a fight to reject all appointments which in its opinion were not fit to be made. A little reflection on this subject will probably satisfy all who have the good of the country at heart that our best course is to take the Constitution for our guide, walk in the path marked out by the founders of the Republic, and obey the rules made sacred by the observance of our great predecessors. The present condition of our finances and circulating medium is one to which your early consideration is invited. The proportion which the currency of any country should bear to the whole value of the annual produce circulated by its means is a question upon which political economists have not agreed. Nor can it be controlled by legislation, but must be left to the irrevocable laws which everywhere regulate commerce and trade. The circulating medium will ever irresistibly flow to those points where it is in greatest demand. The law of demand and supply is as unerring as that which regulates the tides of the ocean; and, indeed, currency, like the tides, has its ebbs and flows throughout the commercial world. At the beginning of the rebellion the bank-note circulation of the country amounted to not much more than $200,000,000; now the circulation of national-bank notes and those known as "legal-tenders" is nearly seven hundred millions. While it is urged by some that this amount should be increased, others contend that a decided reduction is absolutely essential to the best interests of the country. In view of these diverse opinions, it may be well to ascertain the real value of our paper issues when compared with a metallic or convertible currency. For this purpose let us inquire how much gold and silver could be purchased by the seven hundred millions of paper money now in circulation. Probably not more than half the amount of the latter, showing that when our paper currency is compared with gold and silver its commercial value is compressed into three hundred and fifty millions. This striking fact makes it the obvious duty of the Government, as early as may be consistent with the principles of sound political economy, to take such measures as will enable the holder of its notes and those of the national banks to convert them without loss into specie or its equivalent. A reduction of our paper circulating medium need not necessarily follow. This, however, would depend upon the law of demand and supply, though it should be borne in mind that by making legal-tender and bank notes convertible into coin or its equivalent their present specie value in the hands of their holders would be enhanced 100 per cent. Legislation for the accomplishment of a result so desirable is demanded by the highest public considerations. The Constitution contemplates that the circulating medium of the country shall be uniform in quality and value. At the time of the formation of that instrument the country had just emerged from the War of the Revolution, and was suffering from the effects of a redundant and worthless paper currency. The sages of that period were anxious to protect their posterity from the evils that they themselves had experienced. Hence in providing a circulating medium they conferred upon Congress the power to coin money and regulate the value thereof, at the same time prohibiting the States from making anything but gold and silver a tender in payment of debts. The anomalous condition of our currency is in striking contrast with that which was originally designed. Our circulation now embraces, first, notes of the national banks, which are made receivable for all dues to the Government, excluding imposts, and by all its creditors, excepting in payment of interest upon its bonds and the securities themselves; second, legal-tender notes, issued by the United States, and which the law requires shall be received as well in payment of all debts between citizens as of all Government dues, excepting imposts; and, third. gold and silver coin. By the operation of our present system of finance, however, the metallic currency, when collected, is reserved only for one class of Government creditors, who, holding its bonds, semiannually receive their interest in coin from the National Treasury. They are thus made to occupy an invidious position, which may be used to strengthen the arguments of those who would bring into disrepute the obligations of the nation. In the payment of all its debts the plighted faith of the Government should be inviolably maintained. But while it acts with fidelity toward the bondholder who loaned his money that the integrity of the Union might be preserved, it should at the same time observe good faith with the great masses of the people, who, having rescued the Union from the perils of rebellion, now bear the burdens of taxation, that the Government may be able to fulfill its engagements. There is no reason which will be accepted as satisfactory by the people why those who defend us on the land and protect us on the sea; the pensioner upon the gratitude of the nation, bearing the scars and wounds received while in its service; the public servants in the various Departments of the Government; the farmer who supplies the soldiers of the Army and the sailors of the Navy; the artisan who toils in the nation's workshops, or the mechanics and laborers who build its edifices and construct its forts and vessels of war, should, in payment of their just and hard-earned dues, receive depreciated paper, while another class of their countrymen, no more deserving, are paid in coin of gold and silver. Equal and exact justice requires that all the creditors of the Government should be paid in a currency possessing a uniform value. This can only be accomplished by the restoration of the currency to the standard established by the Constitution; and by this means we would remove a discrimination which may, if it has not already done so, create a prejudice that may become deep rooted and widespread and imperil the national credit. The feasibility of making our currency correspond with the constitutional standard may be seen by reference to a few facts derived from our commercial statistics. The production of precious metals in the United States from 1849 to 1857, inclusive, amounted to $579,000,000; from 1858 to 1860, inclusive, to $137,500,000, and from 1861 to 1867, inclusive, to $457,500,000--making the grand aggregate of products since 1849 $1,174,000,000. The amount of specie coined from 1849 to 1857 inclusive, was $439,000,000; from 1858 to 1860, inclusive, $125,000,000, and from 1861 to 1867, inclusive, $310,000,000--making the total coinage since 1849 $874,000,000. From 1849 to 1857, inclusive, the net exports of specie amounted to $271,000,000; from 1858 to 1860, inclusive, to $148,000,000, and from 1861 to 1867, inclusive, $322,000,000--making the aggregate of net exports since 1849 $741,000,000. These figures show an excess of product over net exports of $433,000,000. There are in the Treasury $111,000,000 in coin, something more than $40,000,000 in circulation on the Pacific Coast, and a few millions in the national and other banks--in all about $160,000,000. This, however, taking into account the specie in the country prior to 1849 leaves more than $300,000,000 which have not been accounted for by exportation, and therefore may yet remain in the country. These are important facts and show how completely the inferior currency will supersede the better, forcing it from circulation among the masses and causing it to be exported as a mere article of trade, to add to the money capital of foreign lands. They show the necessity of retiring our paper money, that the return of gold and silver to the avenues of trade may be invited and a demand created which will cause the retention at home of at least so much of the productions of our rich and inexhaustible gold-bearing fields as may be sufficient for purposes of circulation. It is unreasonable to expect a return to a sound currency so long as the Government by continuing to issue irredeemable notes fills the channels of circulation with depreciated paper. Notwithstanding a coinage by our mints, since 1849, of $874,000,000, the people are now strangers to the currency which was designed for their use and benefit, and specimens of the precious metals bearing the national device are seldom seen, except when produced to gratify the interest excited by their novelty. If depreciated paper is to be continued as the permanent currency of the country, and all our coin is to become a mere article of traffic and speculation, to the enhancement in price of all that is indispensable to the comfort of the people, it would be wise economy to abolish our mints thus saving the nation the care and expense incident to such establishments, and let all our precious metals be exported in bullion. The time has come, however, when the Government and national banks should be required to take the most efficient steps and make all necessary arrangements for a resumption of specie payments at the earliest practicable period. Specie payments having been once resumed by the Government and banks, all notes or bills of paper issued by either of a less denomination than $20 should by law be excluded from circulation, so that the people may have the benefit and convenience of a gold and silver currency which in all their business transactions will be uniform in value at home and abroad. Every man of property or industry, every man who desires to preserve what he honestly possesses or to obtain what he can honestly earn, has a direct interest in maintaining a safe circulating medium--such a medium as shall be real and substantial, not liable to vibrate with opinions, not subject to be blown up or blown down by the breath of speculation, but to be made stable and secure. A disordered currency is one of the greatest political evils. It undermines the virtues necessary for the support of the social system and encourages propensities destructive of its happiness; it wars against industry, frugality, and economy, and it fosters the evil spirits of extravagance and speculation. It has been asserted by one of our profound and most gifted statesmen that-- Of all the contrivances for cheating the laboring classes of mankind, none has been more effectual than that which deludes them with paper money. This is the most effectual of inventions to fertilize the rich man's fields by the sweat of the poor man's brow. Ordinary tyranny, oppression, excessive taxation--these bear lightly on the happiness of the mass of the community compared with a fraudulent currency and the robberies committed by depreciated paper. Our own history has recorded for our instruction enough, and more than enough, of the demoralizing tendency, the injustice, and the intolerable oppression on the virtuous and well disposed of a degraded paper currency authorized by law or in any way countenanced by government. It is one of the most successful devices, in times of peace or war, expansions or revulsions, to accomplish the transfer of all the precious metals from the great mass of the people into the hands of the few, where they are hoarded in secret places or deposited in strong boxes under bolts and bars, while the people are left to endure all the inconvenience, sacrifice, and demoralization resulting from the use of a depreciated and worthless paper money. The condition of our finances and the operations of our revenue system are set forth and fully explained in the able and instructive report of the Secretary of the Treasury. On the 30th of June, 1866, the public debt amounted to $2,783,425,879; on the 30th of June last it was $2,692,199,215, showing a reduction during the fiscal year of $91,226,664. During the fiscal year ending June 30, 1867, the receipts were $490,634,010 and the expenditures $346,729,129, leaving an available surplus of $143,904,880. It is estimated that the receipts for the fiscal year ending June 30, 1868, will be $417,161,928 and that the expenditures will reach the sum of $393,269,226, leaving in the Treasury a surplus of $23,892,702. For the fiscal year ending June 30, 1869, it is estimated that the receipts will amount to $381,000,000 and that the expenditures will be $372,000,000, showing an excess of $9,000,000 in favor of the Government. The attention of Congress is earnestly invited to the necessity of a thorough revision of our revenue system. Our internal-revenue laws and impost system should be so adjusted as to bear most heavily on articles of luxury, leaving the necessaries of life as free from taxation as may be consistent with the real wants of the Government, economically administered. Taxation would not then fall unduly on the man of moderate means; and while none would be entirely exempt from assessment, all, in proportion to their pecuniary abilities, would contribute toward the support of the State. A modification of the internal-revenue system, by a large reduction in the number of articles now subject to tax, would be followed by results equally advantageous to the citizen and the Government. It would render the execution of the law less expensive and more certain, remove obstructions to industry, lessen the temptations to evade the law, diminish the violations and frauds perpetrated upon its provisions, make its operations less inquisitorial, and greatly reduce in numbers the army of taxgatherers created by the system, who "take from the mouth of honest labor the bread it has earned." Retrenchment, reform, and economy should be carried into every branch of the public service, that the expenditures of the Government may be reduced and the people relieved from oppressive taxation; a sound currency should be restored, and the public faith in regard to the national debt sacredly observed. The accomplishment of these important results, together with the restoration of the Union of the States upon the principles of the Constitution, would inspire confidence at home and abroad in the stability of our institutions and bring to the nation prosperity, peace, and good will. The report of the Secretary of War ad interim exhibits the operations of the Army and of the several bureaus of the War Department. The aggregate strength of our military force on the 30th of September last was 56,315. The total estimate for military appropriations is $77,124,707, including a deficiency in last year's appropriation of $13,600,000. The payments at the Treasury on account of the service of the War Department from January 1 to October 29, 1867--a period of ten months--amounted to $109,807,000. The expenses of the military establishment, as well as the numbers of the Army, are now three times as great as they have ever been in time of peace, while the discretionary, power is vested in the Executive to add millions to this expenditure by an increase of the Army to the maximum strength allowed by the law. The comprehensive report of the Secretary of the Interior furnishes interesting information in reference to the important branches of the public service connected with his Department. The menacing attitude of some of the warlike bands of Indians inhabiting the district of country between the Arkansas and Platte rivers and portions of Dakota Territory required the presence of a large military force in that region. Instigated by real or imaginary grievances, the Indians occasionally committed acts of barbarous violence upon emigrants and our frontier settlements; but a general Indian war has been providentially averted. The commissioners under the act of 20th July, 1867, were invested with full power to adjust existing difficulties, negotiate treaties with the disaffected bands, and select for them reservations remote from the traveled routes between the Mississippi and the Pacific. They entered without delay upon the execution of their trust, but have not yet made any official report of their proceedings. It is of vital importance that our distant Territories should be exempt from Indian outbreaks, and that the construction of the Pacific Railroad, an object of national importance, should not be interrupted by hostile tribes. These objects, as well as the material interests and the moral and intellectual improvement of the Indians, can be most effectually secured by concentrating them upon portions of country set apart for their exclusive use and located at points remote from our highways and encroaching white settlements. Since the commencement of the second session of the Thirty-ninth Congress 510 miles of road have been constructed on the main line and branches of the Pacific Railway. The line from Omaha is rapidly approaching the eastern base of the Rocky Mountains, while the terminus of the last section of constructed road in California, accepted by the Government on the 24th day of October last, was but 11 miles distant from the summit of the Sierra Nevada. The remarkable energy evinced by the companies offers the strongest assurance that the completion of the road from Sacramento to Omaha will not be long deferred. During the last fiscal year 7,041,114 acres of public land were disposed of, and the cash receipts from sales and fees exceeded by one-half million dollars the sum realized from those sources during the preceding year. The amount paid to pensioners, including expenses of disbursements, was $18,619,956, and 36,482 names were added to the rolls. The entire number of pensioners on the 30th of June last was 155,474. Eleven thousand six hundred. and fifty-five patents and designs were issued during the year ending September 30, 1867, and at that date the balance in the Treasury to the credit of the patent fund was $286,607. The report of the Secretary of the Navy states that we have seven squadrons actively and judiciously employed, under efficient and able commanders, in protecting the persons and property of American citizens, maintaining the dignity and power of the Government, and promoting the commerce and business interests of our countrymen in every part of the world. Of the 238 vessels composing the present Navy of the United States, 56, carrying 507 guns, are in squadron service. During the year the number of vessels in commission has been reduced 12, and there are 13 less on squadron duty than there were at the date of the last report. A large number of vessels were commenced and in the course of construction when the war terminated, and although Congress had made the necessary appropriations for their completion, the Department has either suspended work upon them or limited the slow completion of the steam vessels, so as to meet the contracts for machinery made with private establishments. The total expenditures of the Navy Department for the fiscal year ending June 30, 1867, were $31,034,011. No appropriations have been made. or required since the close of the war for the construction and repair of vessels, for steam machinery, ordnance, provisions and clothing, fuel, hemp, etc., the balances under these several heads having been more than sufficient for current expenditures. It should also be stated to the credit of the Department that, besides asking no appropriations for the above objects for the last two years, the Secretary of the Navy, on the 30th of September last, in accordance with the act of May 1, 1820, requested the Secretary of the Treasury to carry to the surplus fund the sum of $65,000.000, being the amount received from the sales of vessels and other war property and the remnants of former appropriations. The report of the Postmaster-General shows the business of the Post-Office Department and the condition of the postal service in a very favorable light, and the attention of Congress is called to its practical recommendations. The receipts of the Department for the year ending June 30, 1867, including all special appropriations for sea and land service and for free mail matter, were $19,978,693. The expenditures for all purposes were $19,235,483, leaving an unexpended balance in favor of the Department of $743,210, which can be applied toward the expenses of the Department for the current year. The increase of postal revenue, independent of specific appropriations, for the year 1867 over that of 1866 was $850,040. The increase of revenue from the sale of stamps and stamped envelopes was $783,404. The increase of expenditures for 1867 over those of the previous year was owing chiefly to the extension of the land and ocean mail service. During the past year new postal conventions have been ratified and exchanged with the United Kingdom of Great Britain and Ireland, Belgium, the Netherlands, Switzerland, the North German Union, Italy, and the colonial government at Hong Kong, reducing very largely the rates of ocean and land postages to and from and within those countries. The report of the Acting Commissioner of Agriculture concisely presents the condition, wants, and progress of an interest eminently worthy the fostering care of Congress, and exhibits a large measure of useful results achieved during the year to which it refers. The reestablishment of peace at home and the resumption of extended trade, travel, and commerce abroad have served to increase the number and variety of questions in the Department for Foreign Affairs. None of these questions, however, have seriously disturbed our relations with other states. The Republic of Mexico, having been relieved from foreign intervention, is earnestly engaged in efforts to reestablish her constitutional system of government. A good understanding continues to exist between our Government and the Republics of Hayti and San Domingo, and our cordial relations with the Central and South American States remain unchanged. The tender, made in conformity with a resolution of Congress, of the good offices of the Government with a view to an amicable adjustment of peace between Brazil and her allies on one side and Paraguay on the other, and between Chile and her allies on the one side and Spain on the other, though kindly received, has in neither case been fully accepted by the belligerents. The war in the valley of the Parana is still vigorously maintained. On the other hand, actual hostilities between the Pacific States and Spain have been more than a year suspended. I shall, on any proper occasion that may occur, renew the conciliatory recommendations which have been already made. Brazil, with enlightened sagacity and comprehensive statesmanship, has opened the great channels of the Amazon and its tributaries to universal commerce. One thing more seems needful to assure a rapid and cheering progress in South America. I refer to those peaceful habits without which states and nations can not in this age well expect material prosperity or social advancement. The Exposition of Universal Industry at Paris has passed, and seems to have fully realized the high expectations of the French Government. If due allowance be made for the recent political derangement of industry here, the part which the United States has borne in this exhibition of invention and art may be regarded with very high satisfaction. During the exposition a conference was held of delegates from several nations, the United States being one, in which the inconveniences of commerce and social intercourse resulting from the diverse standards of money value were very fully discussed, and plans were developed for establishing by universal consent a common principle for the coinage of gold. These conferences are expected to be renewed, with the attendance of many foreign states not hitherto represented. A report of these interesting proceedings will be submitted to Congress, which will, no doubt, justly appreciate the great object and be ready to adopt any measure which may tend to facilitate its ultimate accomplishment. On the 25th of February, 1862, Congress declared by law that Treasury notes, without interest, authorized by that act should be legal tender in payment of all debts, public and private, within the United States. An annual remittance of $30,000, less stipulated expenses, accrues to claimants under the convention made with Spain in 1834. These remittances, since the passage of that act, have been paid in such notes. The claimants insist that the Government ought to require payment in coin. The subject may be deemed worthy of your attention. No arrangement has yet been reached for the settlement of our claims for British depredations upon the commerce of the United States. I have felt it my duty to decline the proposition of arbitration made by Her Majesty's Government, because it has hitherto been accompanied by reservations and limitations incompatible with the rights, interest, and honor of our country. It is not to be apprehended that Great Britain will persist in her refusal to satisfy these just and reasonable claims, which involve the sacred principle of nonintervention--a principle henceforth not more important to the United States than to all other commercial nations. The West India islands were settled and colonized by European States simultaneously with the settlement and colonization of the American continent. Most of the colonies planted here became independent nations in the close of the last and the beginning of the present century. Our own country embraces communities which at one period were colonies of Great Britain, France, Spain, Holland, Sweden, and Russia. The people in the West Indies, with the exception of those of the island of Hayti, have neither attained nor aspired to independence, nor have they become prepared for self-defense. Although possessing considerable commercial value, they have been held by the several European States which colonized or at some time conquered them, chiefly for purposes of military and naval strategy in carrying out European policy and designs in regard to this continent. In our Revolutionary War ports and harbors in the West India islands were used by our enemy, to the great injury and embarrassment of the United States. We had the same experience in our second war with Great Britain. The same European policy for a long time excluded us even from trade with the West Indies, while we were at peace with all nations. In our recent civil war the rebels and their piratical and blockade-breaking allies found facilities in the same ports for the work, which they too successfully accomplished, of injuring and devastating the commerce which we are now engaged in rebuilding. We labored especially under this disadvantage, that European steam vessels employed by our enemies found friendly shelter, protection, and supplies in West Indian ports, while our naval operations were necessarily carried on from our own distant shores. There was then a universal feeling of the want of an advanced naval outpost between the Atlantic coast and Europe. The duty of obtaining such an outpost peacefully and lawfully, while neither doing nor menacing injury to other states, earnestly engaged the attention of the executive department before the close of the war, and it has not been lost sight of since that time. A not entirely dissimilar naval want revealed itself during the same period on the Pacific coast. The required foothold there was fortunately secured by our late treaty with the Emperor of Russia, and it now seems imperative that the more obvious necessities of the Atlantic coast should not be less carefully provided for. A good and convenient port and harbor, capable of easy defense, will supply that want. With the possession of such a station by the United States, neither we nor any other American nation need longer apprehend injury or offense from any transatlantic enemy. I agree with our early statesmen that the West Indies naturally gravitate to, and may be expected ultimately to be absorbed by, the continental States, including our own. I agree with them also that it is wise to leave the question of such absorption to this process of natural political gravitation. The islands of St. Thomas and St. John, which constitute a part of the group called the Virgin Islands, seemed to offer us advantages immediately desirable, while their acquisition could be secured in harmony with the principles to which I have alluded. A treaty has therefore been concluded with the King of Denmark for the cession of those islands, and will be submitted to the Senate for consideration. It will hardly be necessary to call the attention of Congress to the subject of providing for the payment to Russia of the sum stipulated in the treaty for the cession of Alaska. Possession having been formally delivered to our commissioner, the territory remains for the present in care of a military force, awaiting such civil organization as shall be directed by Congress. The annexation of many small German States to Prussia and the reorganization of that country under a new and liberal constitution have induced me to renew the effort to obtain a just and prompt settlement of the long-vexed question concerning the claims of foreign states for military service from their subjects naturalized in the United States. In connection with this subject the attention of Congress is respectfully called to a singular and embarrassing conflict of laws. The executive department of this Government has hitherto uniformly held, as it now holds, that naturalization in conformity with the Constitution and laws of the United States absolves the recipient from his native allegiance. The courts of Great Britain hold that allegiance to the British Crown is indefensible, and is not absolved by our laws of naturalization. British judges cite courts and law authorities of the United States in support of that theory against the position held by the executive authority of the United States. This conflict perplexes the public mind concerning the rights of naturalized citizens and impairs the national authority abroad. I called attention to this subject in my last annual message, and now again respectfully appeal to Congress to declare the national will unmistakably upon this important question. The abuse of our laws by the clandestine prosecution of the African slave trade from American ports or by American citizens has altogether ceased, and under existing circumstances no apprehensions of its renewal in this part of the world are entertained. Under these circumstances it becomes a question whether we shall not propose to Her Majesty's Government a suspension or discontinuance of the stipulations for maintaining a naval force for the suppression of that trade. ANDREW JOHNSON Source: https://www.presidency.ucsb.edu/documents/third-annual-message-10

November 5, 1867 PREAMBLE We, the People of the State of Alabama, by our representatives in Convention assembled, in order to establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and to our posterity the rights of life, liberty, and property, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama: Article I: DECLARATION OF RIGHTS That the great general and essential principles of liberty and free government may be recognized and established, we declare: Section 1. That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. Sec. 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights and public privileges. Sec. 3. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times, an inherent right to change their form of government, in such manner as they may deem expedient. Sec. 4. That no person shall be deprived of the right to worship God according to the dictates of his own conscience. Sec. 5. That no religion shall be established by law. Sec. 6. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty. Sec. 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches, and that no warrant shall issue to search any place, or to seize any person or thing, without probable cause, supported by oath or affirmation. Sec. 8. That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial, by an impartial jury of the county or district in which the offence was committed; and that he shall not be compelled to give evidence against himself, or be deprived of his life, liberty, or property, but by due process of law. Sec. 9. That no person shall be accused, or arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and that no person shall be punished but by virtue of a law established and promulgated prior to the offence, and legally applied. Sec. 10. That no person shall, for any indictable offence, be proceeded against criminally, by information, except in cases arising in the land and naval service, or in the militia when in actual service, or by leave of the court for oppressions or misdemeanor in office: Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy, and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceedings before justices of the peace, or such inferior courts as may be by law established. Sec. 11. That no person shall, for the same offence, be twice put in jeopardy of life or limb. Sec. 12. That no person shall be debarred from prosecuting or defending, before any tribunal in the State, by himself, or counsel, any civil cause to which he is a party. Sec. 13. That the right of trial by jury shall remain inviolate. Sec. 14. That in prosecution for the publication of papers investigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court. Sec. 15. That all courts shall be open, that every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale, denial or delay. Sec. 16. That suits may be brought against the State, in such manner and in such courts as may be by law provided. Sec. 17. That excessive fines shall not be imposed, or cruel punishment inflicted. Sec. 18. That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great. Excessive bail shall not, in any case, be required. Sec. 19. The privilege of the writ of habeas corpus shall not be suspended, except when necessary for public safety in times of rebellion or invasion. Sec. 20. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own confession in open court. Sec. 21. That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate. Sec. 22. That no person shall be imprisoned for debt. Sec. 23. That no power of suspending laws shall be exercised, except by the General Assembly, or by its authority. Sec. 24. That no ex post facto law, or any law impairing the obligation of contracts, shall be made. Sec. 25. That private property shall not be taken or applied for public use, unless just compensation be made therefor; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner: Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and for works of internal improvement, the right to establish depots, stations, and turn-outs; but just compensation shall, in all cases, be first made to the owner. Sec. 26. That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost or toll imposed; and that no tax, toll, impost or wharfage shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by the General Assembly. Sec. 27. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government, for redress of grievances, or other purposes, by petition, address or remonstrance. Sec. 28. That every citizen has a right to bear arms in defence of himself and the State. Sec. 29. That no person who conscientiously scruples to bear arms shall be compelled to do so, but may pay an equivalent for personal service. Sec. 30. That no standing army shall be kept up without the consent of the General Assembly; and, in that case, no appropriation for its support shall be made for a longer term than one year, and the military shall, in all cases, and at all times, be in strict subordination to the civil power. Sec. 31. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; or in time of war, but in a manner to be prescribed by law. Sec. 32. That no title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; that no property qualification shall be necessary to the election to, or holding of any office in this State, and that no office shall be created, the appointment to which shall be for a longer time than during good behavior. Sec. 33. That emigration from the State shall not be prohibited; and that no citizen shall be exiled. Sec. 34. That temporary absence from the State shall not cause a forfeiture of residence once obtained. Sec. 35. That no form of slavery shall exist in this State; and there shall be no involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Sec. 36. The right of suffrage shall be protected by laws, regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or other improper conduct. Sec. 37. That this State has no right to sever its relation to the Federal Union, or to pass any law in derogation of the paramount allegiance of the citizens of this State to the Government of the United States. Sec. 38. That this enumeration of certain rights shall not impair or deny others retained by the people. Article II: STATE AND COUNTY BOUNDARIES Section 1. The boundaries of this State are established and declared to be as follows—that is to say: Beginning at the point where the thirty-first degree of north latitude crosses the Perdido River; thence east to the western boundary-line of the State of Georgia; thence along said line to the southern boundary-line of the State of Tennessee; thence west along the southern boundary-line to the State of Tennessee, crossing the Tennessee River, and on to the second intersection of said river, by said line; thence up said river to the mouth of Big Bear Creek; thence by a direct line to the northwest corner of Washington County, in this State, as originally formed; thence southerly, along the line of the State of Mississippi, to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido River, and thence up the said river to the beginning. Sec. 2. The General Assembly may, by a two-thirds vote of both houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote. But no new counties shall be hereafter formed of less extent than six hundred square miles; and no existing county shall be reduced to less extent than six hundred square miles; and no new county shall be formed which does not contain a sufficient number of  inhabitants to entitle it to one representative under the ratio of representation existing at the time of its formation, or unless the county or counties from which it is taken shall be left with the required number of inhabitants entitling such county or counties to separate representation. Article III: DISTRIBUTION OF POWERS OF GOVERNMENT Section 1. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; 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 or permitted. Article IV: LEGISLATIVE DEPARTMENT Section 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a senate and house of representatives. Sec. 2. The style of the laws of this State shall be: “Be it enacted by the General Assembly of Alabama.” Each law shall contain but one subject, which shall be clearly expressed in its title; and no law shall be revised or amended unless the new act contain the entire act revised, or the section or sections amended; and the section or sections so amended shall be repealed. Sec. 3. Senators and Representatives shall be elected by the qualified electors, on the Tuesday after the first Monday in November. The term of office of the senators shall be four years, and that of the Representatives two years, commencing on the day after the general election. Sec. 4. No person shall be a Representative unless he is eligible as an elector to vote for members of the General Assembly. Sec. 5. No person shall be a Senator, unless he be eligible as an elector to vote for members of the General Assembly, and shall be twenty-seven years of age, and shall have resided for two years within the State, and for the last year thereof within the district for which he shall be chosen. Sec. 6. The House of Representatives, when assembled, shall choose a speaker, and its other officers; and the Senate shall choose a president, in the absence of the lieutenant-governor, and its other officers; each house shall judge of the qualifications, elections and returns of its own members, but a contested election shall be determined in such manner as shall be directed by law. The president of the senate and the speaker of the House of Representatives shall remain in office until their successors are elected and qualified. Sec. 7. A majority of each house shall constitute a quorum to do business, but a 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. Sec. 8. Each house may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member; but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State. Sec. 9. Each house, during the session, may punish by imprisonment, any person not a member, for disrespectful or disorderly behavior in its presence, or obstructing any of its proceedings: Provided, That such imprisonment shall not, at any time, exceed forty-eight hours. Sec. 10. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-tenth of the members present, be entered on the journals. Any member of either house shall have liberty to dissent from, or protest against, any act or resolution, which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals. Sec. 11. Members of the General Assembly shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest; and they shall not be subject to any civil process during the session of the General Assembly, nor for fifteen days next before the commencement and after the termination of each session. Sec. 12. When vacancies occur in either house, the governor, or the person exercising the powers of the governor, shall issue writs of elections to fill such vacancies. Sec. 13. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secrecy. Sec. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 15. Bills may originate in either house, and be amended, altered or rejected by the other; but no bill shall have the force of law, until on three several days it be read in each house, and free discussion be allowed thereon; unless in case of urgency, four-fifths of the house in which the bill shall be pending, 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: Provided, That all bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills. Sec. 16. Every bill or resolution having the force of law, to which the concurrence of both houses of the General Assembly may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and if he approve, he shall sign it; if not, he shall return it with his objections, to the house in which it shall have originated, who shall enter the objections at large on the journals, and proceed to reconsider it. If after such reconsideration, a majority of the whole number of members of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered, and if approved by a majority of the whole number of members of that house, it shall have the same effect as if it had been signed by the governor; but in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of persons voting for and against the bill or resolution, shall be entered on the journals of both houses respectively. If the bill or resolution shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the General Assembly by its adjournment, prevent its return, in which case it shall not be a law. Sec. 17. Every order, resolution or vote, to which the concurrence of both houses may be necessary, (except on questions of adjournment, and for bringing on elections by the two houses,) 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 the case of bills. Sec. 18. Each member of the General Assembly shall receive from the public treasury such compensation for his services as may be prescribed by law; but no increase of compensation shall take effect during the session at which such increase shall have been made. Sec. 19. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such office as may be filled by election by the people. Sec. 20. No person who holds any lucrative office under the United States, or under this State, or any other State or government (except postmasters, officers in the militia to whose office no annual salary is attached, justices of the peace, members of the court of county commissioners, notaries public, and commissioners of deeds;) no person who have been convicted of having given or offered any bribe to procure his election to any office; no person who has been convicted of bribery, forgery, perjury, or other high crime, or misdemeanor, which may be by law declared to disqualify him; and no person who has been a collector, or holder of any public moneys, and has failed to account for and pay over to the treasury all sums for which he may be by law accountable, shall be eligible to the general assembly. Sec. 21. The General Assembly shall meet annually, on such day as may be by law prescribed, and shall not remain in session longer than thirty days, except by a vote of two-thirds of each house. Sec. 22. In all elections by the General Assembly, the members shall vote viva voce, and the votes shall be entered on the journals. Sec. 23. All State officers may be impeached for any misdemeanor in office, but judgment shall not extend further than removal from office, and disqualification to hold office, under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial and judgment, according to law. Sec. 24. The House of Representatives shall have the sole power of preferring impeachment. All impeachments shall be tried by the Senate; the Senators, when sitting for that purpose, shall be on oath or affirmation; and no person shall be convicted under an impeachment without the concurrence of two-thirds of the Senators present. Sec. 25. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that mode of adjustment. Sec. 26. It shall be the duty of the General Assembly, from time to time, as circumstances may require, to frame and adopt a penal code founded on principles of reformation. Sec. 27. It shall be the duty of the General Assembly, within five years after the adoption of this constitution, and within every subsequent period of ten years, to make provision by law for the revision, digesting and promulgation of all the public statutes of this State, both civil and criminal. Sec. 28. The General Assembly shall have power to pass such penal laws as they may deem expedient, to suppress the evil practice of duelling. Sec. 29. It shall be the duty of the General Assembly to regulate by law the cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deductions. Sec. 30. Divorces from the bonds of matrimony shall not be granted but in cases by law provided for, and by suit in chancery; but decisions in chancery for divorce shall be final, unless appealed from in the manner prescribed by law, within three months from the date of the enrolment thereof. Sec. 31. No money shall be drawn from the treasury but in pursuance of an appropriation made by law; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed. Sec. 32. The General Assembly shall not borrow or raise money on the credit of this State, except for purposes of military defence against actual or threatened invasion, rebellion or insurrection, without the concurrence of two-thirds of the members of each house; nor shall the debts or liabilities of any corporation, person or persons, or other States by guaranteed, nor any money, credit or other thing be loaned or given away, except by a like concurrence of each house; and the votes shall, in each case, be taken by the yeas and nays, and be entered on the journals. Sec. 33. The State shall not engage in works of internal improvement; but its credit in aid of such may be pledged by the General Assembly on undoubted security, by a vote of two-thirds of each house of the General Assembly. Sec. 34. It shall be the duty of the General Assembly to make adequate provisions in each county for the maintenance of the poor of this State. Sec. 35. Any citizen of this State who shall, after the adoption of this Constitution, either in or out of this State, fight a duel with deadly weapons, or send, or accept a challenge so to do, or act as a second, or knowingly aid or assist in any manner those thus offending, shall be incapable of holding any office under this State. Sec. 36. The General Assembly shall not have power to authorize any municipal corporation to pass any laws contrary to the general laws of the State, nor to levy a tax on real and personal property to a greater extent than two per centum of the assessed value of such property. Sec. 37. In the event of annexation of any foreign territory to this State, the General Assembly shall enact laws extending to the inhabitants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition, anything in this Constitution to the contrary notwithstanding. Article V: EXECUTIVE DEPARTMENT Section 1. The Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, and Attorney-General, who shall be chosen by the electors of the State, at the time and places at which they shall vote for Representatives. Sec. 2. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, and Attorney-General shall hold their offices for the term of two years, and the Auditor for the term of four years. Sec. 3. The returns of every election for the officers named in the preceding section, shall be sealed up and transmitted to the seat of Government, by the returning officers, directed to the presiding officer of the Senate, who, during the first week of the session, shall open and publish the same in the presence of a majority of the members of the General Assembly; the person having the highest number of votes shall be declared duly elected, but if two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses. Contested elections for executive officers shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law. Sec. 4. The supreme executive power of this State shall be vested in the Governor. Sec. 5. He shall take care that the laws are faithfully executed. Sec. 6. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. Sec. 7. He shall communicate at every session, by message to the General Assembly, the condition of the State, and recommend such measures as he shall deem expedient. Sec. 8. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both houses, when assembled, the purposes for which they have been convened. Sec. 9. In case of disagreement between the two houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the regular meetings thereof. Sec. 10. He shall be commander-in-chief of the military and naval forces of the State, except when they shall be called into the service of the United States. Sec. 11. He shall have power, after conviction, to grant reprieves, commutations and pardons for all offences, (except treason and cases of impeachment,) upon such conditions as he may think proper, subject, however, to such regulations as to the manner of applying for pardons as may be prescribed by law; but such pardons shall not relieve from civil or political disability. Upon conviction of treason, he may suspend the execution of the sentence, and report the same to the general assembly at the next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. He shall communicate to the general assembly, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon or reprieve, with his reasons therefor. Sec. 12. There shall be a great seal of the State, which shall be kept and used by the Governor officially; and the seal heretofore in use, shall continue to be the great seal of the State until another shall have been adopted by the General Assembly. Sec. 13. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, signed by the governor, and countersigned by the Secretary of State. Sec. 14. No member of Congress, or other person, holding office under the authority of this State, or of the United States, shall execute the office of Governor, except as herein provided. Sec. 15. In case of the death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant-governor. Sec. 16. The lieutenant-governor shall be president of the Senate, but shall vote only when the senate is equally divided; and in case of his absence or impeachment, or when he shall exercise the office of Governor, the senate shall choose a president pro tempore. Sec. 17. If the Lieutenant-Governor, while executing the office of Governor, shall be impeached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the president of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate for any of the above causes shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives. Sec. 18. Should the office of Secretary of State, Auditor, Treasurer, or Attorney-general become vacant from any of the causes specified in the fifteenth section of this article, the governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after it shall have occurred, and the person chosen shall hold the office for the full term fixed in the second section of this article. Sec. 19. The officers mentioned in this article shall, at stated times, receive for their services a compensation to be established by law, which shall neither be increased or diminished during the period for which they shall have been elected. Sec. 20. The officers of the Executive Department, and of the public institutions of the State, shall, at least five days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports with his message to the General Assembly. Sec. 21. A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and shall not be eligible to serve either as principal or deputy for any two successive terms. Vacancies in the office of sheriff shall be filled by the Governor as in other cases; and the person appointed shall continue in office until the next general election in the county for sheriff, as by law provided. Article VI: JUDICIAL DEPARTMENT Section 1. The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such inferior Courts of Law and Equity, to consist of not more than five members, as the General Assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature. Sec. 2. Except in cases otherwise directed in the Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations not repugnant to this Constitution, as may from time to time be prescribed by law: Provided, That said court shall have power to issue writs of injunction, mandamus, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdiction. Sec. 3. The Supreme Court shall be held at the seat of government, but if that shall have become dangerous from an enemy, or from disease, it may adjourn to a different place. Sec. 4. The State shall be divided by the General Assembly into convenient circuits, each of which shall contain not less than three nor more than eight counties; and for each circuit there shall be chosen a judge, who shall, after his election or appointment, reside in the circuit for which he shall have been chosen. Sec. 5. The Circuit Court shall have original judisdiction in all matters, civil and criminal, within the State, not otherwise excepted in the Constitution, but in civil cases only when the matter or sum in controversy exceeds fifty dollars: Provided, however, That the Circuit Court shall have equity jurisdiction concurrent with the Courts of Chancery in all cases for divorce, and cases in which the value of the matter in controversy does not exceed the sum of five thousand dollars. Sec. 6. A Circuit Court shall be held in each county in the State at least twice in every year, and the Judges of the several circuits may hold courts for each other when they deem it expedient, and shall do so when directed by law: Provided, That the Judges of the several Circuit Courts shall have power to issue writs of injunction returnable into Courts of Chancery. Sec. 7. The General Assembly shall have power to establish a Cour or Courts of Chancery with original and appellate jurisdiction. The State shall be divided by the General Assembly into convenient Chancery Divisions, and the Divisions into Districts; and for each division there shall be a Chancellor, who shall, after his election or appointment, reside in the Division for which he shall have been elected or appointed. Sec. 8. A Chancery Court shall be held in each county at a place therein to be fixed by law, and the Chancellors may hold courts for each other, when they deem it expedient. Sec. 9. The General Assembly shall have power to establish in each county within the State a Court of Probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphans’ business; and the General Assembly may confer on the said courts, jurisdiction of contracts for labor, and order frequent sessions for that purpose. Sec. 10. The Judges of the Supreme Court, Circuit Courts, and Courts of Chancery, shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this State, or the United States, during the term for which they have been elected, nor under any other power during their continuance in office. Sec. 11. Judges of the Supreme Court, and Chancellors, and Judges of the Circuit and Probate Courts, and of such other inferior courts as may be by law established, shall be elected by the qualified electors of the respective counties, cities, towns or districts, for which said courts may be established, on the Tuesday after the first Monday in November of each year, or such other day as may be by law prescribed. Vacancies in the office of the Circuit Judge, Judge of Probate, or Judge of any other inferior court established by law, shall be filled by the Governor; and the person appointed by him shall hold office until the next election day appointed by law for election of Judge, and until his successor shall have been elected and qualified. Sec. 12. The Judges of the several Courts of this State shall hold their office for the term of six years; and the right of any Judge to hold his office for the full term hereby prescribed, shall not be affected by any change hereafter made by law in any Circuit or District, or in the mode or time of election; but for any wilful neglect of duty, or any other reasonable cause which shall not be a sufficient ground of impeachment, the Governor shall remove any judge on the address of two-thirds of each house of the General Assembly: Provided, That the cause or causes for which said removal may be required, shall be stated at length in such address, and entered on the journals of each house: And provided further, That the judge intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defence, before any vote for such address; and in all such cases the vote shall be taken by yeas and nays, and be entered on the journal of each house respectively. Sec. 13. A competent number of justices and constables shall be elected in and for each county by the qualified electors thereof, who shall hold office during such terms as may be prescribed by law. Said justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed one hundred dollars. In all cases tried before such justices the right of appeal shall be secured by law: Provided, That notaries public appointed according to law shall be authorized and required to exercise, throughout their respective counties, all the powers and jurisdiction of justices of the peace. Sec. 14. The judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State; as also the judges of the Circuit Courts within their respective circuits, and the judges of the inferior courts within their respective counties. Sec. 15. The clerk of the Supreme Court shall be appointed by the judges thereof; registers in chancery, by the chancellors of the divisions; and all the clerks and registers so appointed shall be removed by the appointing power for cause to be placed on the records of the court. Sec. 16. The Attorney-General shall reside at the seat of government, and shall be the law-officer of the State. During the session of the General Assembly, he shall furnish to the committees of either house, when required, draughts of bills and written opinions upon any matter under consideration of the committees, and shall perform such other duties as may be required of him by law. Sec. 17. A solicitor shall be elected in each county in this State by the qualified electors of such county, who shall reside in the county for which he is elected, and perform such duties as may be required of him by law. He shall hold office for a term of four years, and in case of vacancy, such vacancy shall be filled by the judge of the circuit until his successor is elected and qualified. Sec. 18. Clerks of the Circuit Court, and such inferior courts as may be by law established, shall be elected by the qualified electors in each county, for the term of six years, and may be removed from office for cause, and in such manner as may be by law prescribed. Vacancies in the office of clerk shall be filled by the judge of the circuit, until the next general election, and until a successor shall be elected and qualified: Provided, That the General Assembly shall have power to annex the duties of clerk to the office of judge of any of the inferior courts by law established. Sec. 19. The style of all processes shall be “The State of Alabama,” and all prosecutions shall be carried on in the name and by the authority of the State of Alabama, and shall conclude “against the peace and dignity of the same.” Article VII: ELECTIONS Section 1. In all elections by the people, the electors shall vote by ballot. Sec. 2. Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and six months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector: Provided, That no soldier, or sailor, or marine in the military or naval service of the United States, shall hereafter acquire a residence by reason of being stationed on duty in this State. Sec. 3. It shall be the duty of the General Assembly to provide, from time to time, for the registration of all electors; but the following class of persons shall not be permitted to register, vote or hold office: 1st. Those who, during the late rebellion, inflicted, or caused to be inflicted, any cruel or unusual punishment upon any soldier, sailor, marine, employé or citizen of the United States, or who in any other way violated the rules of civilized warfare. 2d, Those who may be disqualified from holding office by the proposed amendment to the Constitution of the United States, known as “Article XIV,” and those who have been disqualified from registering to vote for delegates to the convention to frame a constitution for the State of Alabama, under the act of Congress “to provide for the more efficient government of the rebel States,” passed by Congress March 2, 1867, and the act supplementary thereto, except such persons as aided in the reconstruction proposed by Congress, and accept the political equality of all men before the law: Provided, That the General Assembly shall have power to remove the disabilities incurred under this clause. 3d, Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crime punishable by law with imprisonment in the penitentiary, or bribery. 4th, Those who are idiots or insane. Sec. 4. All persons, before registering, must take and subscribe the following oath: I, ——— ———, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of Alabama; that I am not excluded from registering by any of the clauses in section 3, Article VII, of the Constitution of the State of Alabama; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men; and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity, enjoyed by any other class of men; and furthermore, that I will not in any way injure, or countenance in others any attempt to injure, any person or persons, on account of past or present support of the Government of the United States, the laws of the United States, or the principle of the civil and political equality of all men, or for affiliation with any political party. Sec. 5. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same. Sec. 6. It shall be the duty of the General Assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections. Sec. 7. Returns of elections for all civil officers elected by the people, who are to be commissioned by the Governor, and also for the members of the General Assembly, shall be made to the Secretary of State. Article VIII: REPRESENTATION Section 1. The House of Representatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively; and to this end the General Assembly shall cause an enumeration of all the inhabitants of the State to be made in the year 1875, and every ten years thereafter, and shall make an apportionment of the representatives among the several counties at the first regular session after each enumeration; which apportionment, when made, shall not be subject to alteration until after the next census shall have been taken: Provided, That each county shall be entitled to at least one representative: And provided, further, That when two or more adjoining counties shall each have a residuum, or fraction over and above the ratio then fixed by law, which fractions, when added together, equal, or exceed that ratio, in that case the county having the largest fraction shall be entitled to one additional representative. Sec. 2. Until the General Assembly shall make an apportionment of the representatives among the several counties, after the first enumeration made as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Butler, Calhoun, Clay, Clarke, Cherokee, Cleburne, Crenshaw, Choctaw, Coffee, Conecuh, Coosa, Covington, Dale, De Kalb, Elmore, Fayette, Henry, Jefferson, Lauderdale, Limestone, Marshall, Marion, Monroe, Morgan, Pike, Randolph, Saint Clair, Shelby, Walker, Washington and Winston, shall have one representative each; the counties of Chambers, Franklin, Greene, Hale, Jackson, Lee, Lawrence, Macon, Pickens, Russell, Talladega, Tallapoosa and Tuscaloosa, shall be entitled to two representatives each; the counties of Barbour, Bullock, Lowndes, Madison, Marengo, Perry, Sumter and Wilcox, shall be entitled to three representatives each; the counties of Dallas, Mobile and Montgomery, shall be entitled to five representatives each: Provided, That in the formation of new counties, the General Assembly may apportion to each its proper representation. Sec. 3. The whole number of Senators shall be not less than one-fourth or more than one-third of the whole number of representatives; and it shall be the duty of the General Assembly, at its first session after the making of each enumeration, as provided by section first of this article, to fix by law the number of Senators, and to divide the State into as many senatorial districts as there are Senators; which districts shall be as nearly equal to each other as may be in the number of inhabitants, and each shall be entitled to one Senator, and no more: Provided, That no county shall be divided, and no two or more counties, which are separated entirely by a county belonging to another district, shall be joined in one district: And provided, further, That the senatorial districts, when formed, shall not be changed until after the next enumeration shall have been taken. Sec. 4. At the first general election after each new apportionment, elections shall be held anew in all the senatorial districts. The Senators elected, when convened at the next ensuing session of the General Assembly, shall be divided by lot into two classes, as nearly equal as may be; the seats of the Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years, from the day of election, so that (except as above provided,) one-half of the Senators may be chosen biennially. Sec. 5. Until the General Assembly shall divide the State into senatorial districts as herein provided, the senatorial districts shall remain as follows: 1st district, Limestone and Lauderdale; 2d, Franklin and Lawrence; 3d, Morgan, Blount, Winston and Marion; 4th, Madison; 5th, Jackson, Marshall and De Kalb; 6th, Cherokee and Calhoun; 7th, Walker, Jefferson and Saint Clair; 8th, Shelby and Bibb; 9th, Tuscaloosa and Fayette; 10th, Talledega and Clay; 11th, Chambers, Randolph and Cleburne; 12th, Coosa and Tallapoosa; 13th, Lee; 14th, Macon; 15th, Russell; 16th, Bullock; 17th, Barbour; 18th, Autauga and Elmore; 19th, Montgomery; 20th, Lowndes; 21st, Dallas; 22d, Perry; 23d, Hale; 24th, Greene and Pickens; 25th, Sumter; 26th, Marengo; 27th, Choctaw, Clarke and Washington; 28th, Mobile; 29th, Monroe and Baldwin; 30th, Wilcox; 31st, Butler and Conecuh; 32d, Covington, Crenshaw and Pike; 33d, Coffee, Dale and Henry. Sec. 6. Until a new apportionment of representatives to the Congress of the United States shall have been made, the congressional districts shall remain as stated in the Revised Code of Alabama, and after each new apportionment, the General Assembly shall divide the State into as many districts as it is allowed Representatives in Congress, making such congressional districts as nearly equal in the number of inhabitants as may be. Article IX: TAXATION Section 1. All taxes levied on property in this State, shall be assessed in exact proportion to the value of such property: Provided, however, That the General Assembly may levy a poll-tax not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public-school fund. Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations. Article X: MILITIA Section 1. All able-bodied male inhabitants of this State, between the ages of eighteen years and forty-five years, who are citizens of the United States, or who have declared their intention to become citizens of the United States, shall be liable to military duty in the militia of this State; but all citizens of any denomination whatever, who, from scruples or conscience, may be averse to bearing arms, shall be exempt therefrom upon such conditions as may be prescribed by law. Sec. 2. The General Assembly shall provide for the organizing, arming, equipping, and discipline of the militia, and for paying the same, when called into active service, in such manner as it shall deem expedient, not incompatible with the laws of the United States. Sec. 3. Officers of the militia shall be elected or appointed and commissioned in such manner as may be provided by the General Assembly. Sec. 4. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when called into the service of the United States, and shall have power to call forth the militia to execute the laws, to suppress riots, or insurrections, and to repel invasion. Sec. 5. The Governor shall nominate, and, by and with the consent of the Senate, appoint one Major-General and three Brigadier-Generals. The Adjutant-General, and other staff officers to the commander-in-chief, shall be appointed by the Governor, and their commissions shall expire with the Governor’s term of office. No commissioned officer shall be removed from office except by the Senate, on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law. Sec. 6. The militia may be divided into two classes, to be designated as “volunteer militia” and “reserve militia,” in such manner as shall be provided by law. Sec. 7. The militia shall, in all cases, except felony, treason, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same. Sec. 8. The officers and men commissioned and organized shall not be entitled to receive any pay, rations, or emoluments when not in active service. Article XI: EDUCATION Section 1. The common schools, and other educational institutions of the State, shall be under the management of a Board of Education, consisting of a Superintendent of Public Instruction and two members from each Congressional District. The Governor of the State shall be ex officio, a member of the Board, but shall have no vote in its proceedings. Sec. 2. The Superintendent of Public Instruction shall be President of the Board of Education, and have the casting vote in case of a tie; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the board and the laws of the State. He shall be elected in the same manner and for the same term as the Governor of the State, and receive such salary as may be fixed by law. An office shall be assigned him in the capitol of the State. Sec. 3. The members of the Board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the Constitution, the Board shall be divided into two equal classes, so that each class shall consist of one member from each District. The seats of the first class shall be vacated at the expiration of two years from the day of election, so that one-half may be chosen biennially. Sec. 4. The members of the Board of Education, except the Superintendent, shall be elected by the qualified electors of the Congressional Districts in which they are chosen, at the same time and in the same manner as the members of Congress. Sec. 5. The Board of Education shall exercise full legislative powers in reference to the public educational institutions of the State, and its acts, when approved by the governor, or when re-enacted by two-thirds of the Board, in case of his disapproval, shall have the force and effect of law, unless repealed by the General Assembly. Sec. 6. It shall be the duty of the Board to establish, throughout the State, in each township or other school-district which it may have created, one or more schools, at which all the children of the State between the ages of five and twenty-one years may attend free of charge. Sec. 7. No rule or law affecting the general interest of education shall be made by the board without the concurrence of a majority of its members. The style of all acts of the Board shall be, “Be it enacted by the Board of Education of the State of Alabama.” Sec. 8. The Board of education shall be a body politic and corporate, by the name and style of “The Board of Education of the State of Alabama.” Said Board shall also be a Board of Regents of the State University, and when sitting as a Board of Regents of the University shall have power to appoint the president and the faculties thereof. The President of the University shall be, ex officio, a member of the board of regents, but shall have no vote in its proceedings. Sec. 9. The Board of Education shall meet annually at the seat of government at the same time as the General Assembly, but no session shall continue longer than twenty days, nor shall more than one session be held in the same year, unless authorized by the Governor. The members shall receive the same mileage and daily pay as the members of the General Assembly. Sec. 10. The proceeds of all lands that have been or may be granted by the United States to the State for educational purposes; of the swamp-lands; and of all lands or other property given by individuals or appropriated by the State for like purposes; and of all estates of deceased persons who have died without leaving a will or heir; and all moneys which may be paid as an equivalent for exemption from military duty, shall be and remain a perpetual fund, which may be increased but not diminished, and the interest and income of which, together with the rents of all such lands as may remain unsold, and such other means as the General Assembly may provide, shall be inviolably appropriated to educational purposes, and to no other purpose whatever. Sec. 11. In addition to the amount accruing from the above sources, one-fifth of the aggregate annual revenue of the State shall be devoted exclusively to the maintenance of public schools. Sec. 12. The general assembly may give power to the authorities of the school-districts to levy a poll-tax on the inhabitants of the district in aid of the general school-fund, and for no other purpose. Sec. 13. The General Assembly shall levy a specific annual tax upon all railroad, navigation, banking, and insurance corporations, and upon all insurance and foreign bank and exchange agencies, and upon the profits of foreign bank bills issued in this State by any corporation, partnership or persons, which shall be exclusively devoted to the maintenance of public schools. Sec. 14. The General Assembly shall, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the two hundred and forty thousand acres of land donated to this State for the support of such a college, by the act of Congress, passed July 2, 1862, or the money or scrip, as the case may be, arising from the sale of said land, or any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such college, or schools, and may make the same a branch of the University of Alabama for instruction in agriculture, in the mechanic arts, and the natural sciences connected therewith, and place the same under the supervision of the regents of the university. Article XII: INDUSTRIAL RESOURCES Section 1. A Bureau of Industrial Resources shall be established, to be under the management of a Commissioner, who shall be elected at the first general election, and shall hold his office for the term of four years. Sec. 2. The Commissioner of Industrial Resources shall collect and condense statistical information concerning the productive industries of the State; and shall make, or cause to be made, a careful, accurate, and thorough report upon the agriculture and geology of the State, and annually report such additions as the progress of scientific development and extended explorations may require. He shall, from time to time, disseminate among the people of the State such knowledge as he may deem important, concerning improved machinery and production, and for the promotion of their agricultural, manufacturing, and mining interests; and shall send out to the people of the United States and foreign countries such reports concerning the industrial resources of Alabama as may best make known the advantages offered by the State to emigrants; and shall perform such other duties as the General Assembly may require. Sec. 3. It shall be the duty of the General Assembly, at the first session after the adoption of this Constitution, to pass such laws and regulations as may be necessary for the government and protection of this bureau, and also to fix and provide for the compensation of the commissioner. Sec. 4. This bureau shall be located, and the commissioner shall reside at the capital of the State, and he shall annually make a written or printed report to the Governor of the State, to be laid before the General Assembly at each session. Sec. 5. In case of the death, removal, or resignation of the commissioner, the Governor, with the approval of the Senate, shall have power to appoint a commissioner for the unexpired term. Article XIII: CORPORATIONS Section 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws, and special acts passed pursuant to this section, may be altered, amended, or repealed. Sec. 2. Dues from corporations shall be secured by such individual liabilities of the corporators or other means as may be prescribed by law. Sec. 3. Each stockholder in any corporation shall be liable to the amount of stock held or owned by him. Sec. 4. The property of corporations now existing, or hereafter created, shall forever be subject to taxation the same as property of individuals, except corporations for educational and charitable purposes. Sec. 5. No right of way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law. Sec. 6. The General Assembly shall not have power to establish or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. Sec. 7. No bank shall be established, otherwise than under a general banking law, as provided in the first section of this article. Sec. 8. The General Assembly may enact a general banking law, which law shall provide for the registry and countersigning by the Governor of the State of all paper credit designed to be created as money; and ample collateral security, convertible into specie, or the redemption of the same in gold or silver, shall be required, and such collateral security shall be under the control of such officer or officers as may be prescribed by law. Sec. 9. All bills or notes issued as money, shall be at all times redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension by any bank or banking company, of specie payment. Sec. 10. Holders of bank-notes shall be entitled, in case of insolvency, to preference of payment over all other creditors. Sec. 11. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter close its business. Sec. 12. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money. Sec. 13. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or lent to any banking company, association, or corporation, except for the purpose of expediting the construction of railroads, or works of internal improvement, within the State, and the credit of the State shall, in no case, be given or lent without the approval of two-thirds of both houses of the general assembly. Sec. 15. All corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 16. It shall be the duty of the General Assembly to provide for the organization of cities and incorporated towns, and to restrict their power of taxation, assessment, and contracting of debt. Article XIV: EXEMPTED PROPERTY Section 1. The personal property of any resident of this State to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of this Constitution. Sec. 2. Every homestead, not exceeding eighty acres of land, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city, or village, or in lieu thereof, at the option of the owner, any lot in the city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale, on execution, or any other final process from a court, from any debt contracted after the adoption of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife of the same. Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted after the adoption of this Constitution, in all cases, during the minority of the children. Sec. 4. The provisions of sections 1 and 2 of this article shall not be so construed as to prevent a laborers’ lien for work done and performed for the person claiming such exemption, or a mechanics’ lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall inure to her benefit. Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterward be entitled by gift, grant, inheritance, or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations, and engagements of her husband, and may be devised or bequeathed by her the same as if she were a femme sole. Article XV: OATH OF OFFICE Section 1. All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath: I, ——— ———, do solemnly swear (or affirm) that I am not disfranchised by the constitution of Alabama, or by the Constitution or laws of the United States; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the Union of the States, and the Constitution and laws of the State of Alabama, so long as I remain a citizen thereof; and that I will honestly and faithfully discharge the duties of the office upon which I am about to enter to the best of my ability. So help me God. Article XVI: AMENDMENTS TO THE CONSTITUTION Section 1. The General Assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this Constitution, which proposed amendments shall be duly published in print at least three months before the next general election of representatives, for the consideration of the people; and it shall be the duty of the several returning officers at the next general election which shall be held for representatives, to open a poll for, and make a return to the Secretary of State for the time being, of the names of all those voting for representative who have voted on such proposed amendments, and if thereupon it shall appear that a majority of all the citizens of the State voting for representatives have voted in favor of such proposed amendments, and two-thirds of each house of the next General Assembly shall, after such an election, and before another, ratify the same amendments, by yeas and nays, they shall be valid to all intents and purposes, as part of this Constitution: Provided, That the said proposed amendments shall, at each of the said sessions, have been read three times on three several days in each house. After the expiration of twelve months from the adoption of this Constitution, no Convention shall be held for the purpose of altering or amending the Constitution of this State, unless the question of Convention or no Convention shall be first submitted to a vote of all the electors, twenty-one years of age and upward, and approved by a majority of the electors voting at said election. E. W. Peck, President. Robert Barber, Secretary. Source: The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States and Territories now or heretofore forming the United States of America, compiled and edited by Francis Newton Thorpe (Washington: Government Printing Office, 1909). Vol. I United States-Alabama-District of Columbia. https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-i-united-states-alabama-district-of-columbia#lf1514-01_head_239

Concluded March 30, 1867; ratifications exchanged at Washington June 20, 1867; proclaimed June 20, 1867 Convention for the cession of the Russian possessions in North America to the United States The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have, for that purpose, appointed as their Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State; and His Majesty the Emperor of all the Russias, the Privy Counsellor Edward de Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States; And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles: Article I His Majesty the Emperor of all the Russias agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as established by the convention between Russia and Great Britain, of February 28-16, 1825, and described in Articles III and IV of said convention, in the following terms: “Commencing from the sourthernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and 133rd degree of west longitude, (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude, (of the same meridian;) and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean. “IV. With reference to the line of demarcation laid down in the preceding article, it is understood— “1st. That the island called Prince of Wales Island shall belong wholly to Russia,” (now, by this cession to the United States.) “2nd. That whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned, (that is to say, the limit to the possessions ceded by this convention,) shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom.” The western limit within which the territories and dominion conveyed are contained passes through a point in Behring’s Straits on the parallel of sixty-five degrees thirty minutes north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds due north without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring’s Straits and Behring’s Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one hundred and seventy-two west longitude; thence, from the intersection of that meridian, in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group, in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. Article II In the cession of territory and dominion made by the preceding article are included the right of property in all public lots and squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices which are not private individual property. It is, however, understood and agreed, that the churches which have been built in the ceded territory by the Russian Government, shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein. Any Government archives, papers, and documents relative to the territory and dominion aforesaid, which may now be existing there, will be left in the possession of the agent of the United States; but an authenticated copy of such of them as may be required, will be, at all times, given by the United States to the Russian Government, or to such Russian officers or subjects as they may apply for. Article III The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may from time to time adopt in regard to aboriginal tribes of that country. Article IV His Majesty, the Emperor of all the Russias shall appoint, with convenient dispatch, an agent or agents for the purpose of formally delivering to a similar agent or agents, appointed on behalf of the United States, the territory, dominion, property, dependencies, and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto. But the cession, with the right of immediate possession, is nevertheless to be deemed complete and absolute on the exchange of ratifications, without waiting for such formal delivery. Article V Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be in the ceded territory shall be delivered to the agent of the United States, and any Russian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable. Article VI In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the exchange of the ratifications of this convention, to the diplomatic representative or other agent of His Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thousand dollars in gold. The cession of territory and dominion herein made is hereby declared to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties except merely private individual property-holders; and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion, and appurtenances thereto. Article VII When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Russias, the ratifications shall be exchanged at Washington within three months from the date hereof, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at Washington the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty-seven. [seal.] William H. Seward. [seal.] Edouard de Stoeckl. Source: The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States and Territories now or heretofore forming the United States of America, compiled and edited by Francis Newton Thorpe (Washington: Government Printing Office, 1909). Vol. I United States-Alabama-District of Columbia. https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-i-united-states-alabama-district-of-columbia#lf1514-01_head_304

June 20, 1867 WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE Whereas several commanders of military districts created by the acts of Congress known as the reconstruction acts have expressed doubts as to the proper construction thereof and in respect to some of their powers and duties under said acts, and have applied to the Executive for information in relation thereto; and Whereas the said acts of Congress have been referred to the Attorney-General for his opinion thereon, and the said acts and the opinion of the Attorney-General have been fully and carefully considered by the President in conference with the heads of the respective Departments: The President accepts the following as a practical interpretation of the aforesaid acts of Congress on the points therein presented, and directs the same to be transmitted to the respective military commanders for their information, in order that there may be uniformity in the execution of said acts: 1. The oath prescribed in the supplemental act defines all the qualifications required, and every person who can take that oath is entitled to have his name entered upon the list of voters. 2. The board of registration have no authority to administer any other oath to the person applying for registration than this prescribed oath, nor to administer an oath to any other person touching the qualifications of the applicant or the falsity of the oath so taken by him. The act, to guard against falsity in the oath, provides that if false the person taking it shall be tried and punished for perjury. No provision is made for challenging the qualifications of the applicant or entering upon any trial or investigation of his qualifications, either by witnesses or any other form of proof. 3. As to citizenship and residence: The applicant for registration must be a citizen of the State and of the United States, and must be a resident of a county or parish included in the election district. He may be registered if he has been such citizen for a period less than twelve months at the time he applies for registration, but he can not vote at any election unless his citizenship has then extended to the full term of one year. As to such a person, the exact length of his citizenship should be noted opposite his name on the list, so that it may appear on the day of election, upon reference to the list, whether the full term has then been accomplished. 4. An unnaturalized person can not take this oath, but an alien who has been naturalized can take it, and no other proof of naturalization can be required from him. 5. No one who is not 21 years of age at the time of registration can take the oath, for he must swear that he has then attained that age. 6. No one who has been disfranchised for participation in any rebellion against the United States or for felony committed against the laws of any State or of the United States can take this oath. The actual participation in a rebellion or the actual commission of a felony does not amount to disfranchisement. The sort of disfranchisement here meant is that which is declared by law passed by competent authority, or which has been fixed upon the criminal by the sentence of the court which tried him for the crime. No law of the United States has declared the penalty of disfranchisement for participation in rebellion alone; nor is it known that any such law exists in either of these ten States, except, perhaps, Virginia, as to which State special instructions will be given. 7. As to disfranchisement arising from having held office followed by participation in rebellion: This is the most important part of the oath, and requires strict attention to arrive at its meaning. The applicant must swear or affirm as follows: That I have never been a member of any State legislature, nor held any executive or judicial office in any State, and afterwards engaged in an insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or Judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof. Two elements must concur in order to disqualify a person under these clauses: First, the office and official oath to support the Constitution of the United States; second, engaging afterwards in rebellion. Both must exist to work disqualification, and must happen in the order of time mentioned. A person who has held an office and taken the oath to support the Federal Constitution and has not afterwards engaged in rebellion is not disqualified. So, too, a person who has engaged in rebellion, but has not theretofore held an office and taken that oath, is not disqualified. 8. Officers of the United States: As to these the language is without limitation. The person who has at any time prior to the rebellion held an office, civil or military, under the United States, and has taken an official oath to support the Constitution of the United States, is subject to disqualification. 9. Militia officers of any State prior to the rebellion are not subject to disqualification. 10. Municipal officers --that is to say, officers of incorporated cities, towns, and villages, such as mayors, aldermen, town council, police, and other city or town officers--are not subject to disqualification. 11. Persons who have prior to the rebellion been members of the Congress of the United States or members of a State legislature are subject to disqualification, but those who have been members of conventions framing or amending the Constitution of a State prior to the rebellion are not subject to disqualification. 12. All the executive or judicial officers of any State who took an oath to support the Constitution of the United States are subject to disqualification, including county officers. They are subject to disqualification if they were required to take as a part of their official oath the oath to support the Constitution of the United States. 13. Persons who exercised mere employment under State authority are not disqualified; such as commissioners to lay out roads, commissioners of public works, visitors of State institutions, directors of State institutions, examiners of banks, notaries public, and commissioners to take acknowledgments of deeds. ENGAGING IN REBELLION. Having specified what offices held by anyone prior to the rebellion come within the meaning of the law, it is necessary next to set forth what subsequent conduct fixes upon such person the offense of engaging in rebellion. Two things must exist as to any person to disqualify him from voting: First, the office held prior to the rebellion, and, afterwards, participation in the rebellion. 14. An act to fix upon a person the offense of engaging in the rebellion under this law must be an overt and voluntary act, done with the intent of aiding or furthering the common unlawful purpose. A person forced into the rebel service by conscription or under a paramount authority which he could not safely disobey, and who would not have entered such service if left to the free exercise of his own will, can not be held to be disqualified from voting. 15. Mere acts of charity, where the intent is to relieve the wants of the object of such charity, and not done in aid of the cause in which he may have been engaged, do not disqualify; but organized contributions of food and clothing for the general relief of persons engaged in the rebellion, and not of a merely sanitary character, but contributed to enable them to perform their unlawful object, may be classed with acts which do disqualify. Forced contributions to the rebel cause in the form of taxes or military assessments, which a person was compelled to pay or contribute, do not disqualify; but voluntary contributions to the rebel cause. even such indirect contributions as arise from the voluntary loan of money to rebel authorities or purchase of bonds or securities created to afford the means of carrying on the rebellion, will work disqualification. 16. All those who in legislative or other official capacity were engaged in the furtherance of the common unlawful purpose, where the duties of the office necessarily had relation to the support of the rebellion, such as members of the rebel conventions, congresses, and legislatures, diplomatic agents of the rebel Confederacy, and other officials whose offices were created for the purpose of more effectually carrying on hostilities or whose duties appertained to the support of the rebel cause, must be held to be disqualified. But officers who during the rebellion discharged official duties not incident to war, but only such duties as belong even to a state of peace and were necessary to the preservation of order and the administration of law, are not to be considered as thereby engaging in rebellion or as disqualified. Disloyal sentiments, opinions, or sympathies would not disqualify, but where a person has by speech or by writing incited others to engage in rebellion he must come under the disqualification. 17. The duties of the board appointed to superintend the elections: This board, having the custody of the list of registered voters in the district for which it is constituted, must see that the name of the person offering to vote is found upon the registration list, and if such proves to be the fact it is the duty of the board to receive his vote if then qualified by residence. They can not receive the vote of any person whose name is not upon the list, though he may be ready to take the registration oath, and although he may satisfy them that he was unable to have his name registered at the proper time, in consequence of absence, sickness, or other cause. The board can not enter into any inquiry as to the qualifications of any person whose name is not on the registration list, or as to the qualifications of any person whose name is on the list. 18. The mode of voting is provided in the act to be by ballot. The board will keep a record and poll book of the election, showing the votes, list of voters, and the persons elected by a plurality of the votes cast at the election, and make returns of these to the commanding general of the district. 19. The board appointed for registration and for superintending the elections must take the oath prescribed by the act of Congress approved July 2, 1862, entitled "An act to prescribe an oath of office." By order of the President: E.D. TOWNSEND, Assistant Adjutant-General. Source: https://millercenter.org/the-presidency/presidential-speeches/june-20-1867-message-clarifying-reconstruction-acts

March 01, 1867 By the President of the United States of America A Proclamation Whereas the Congress of the United States did by an act approved on the 19th day of April, 1864, authorize the people of the Territory of Nebraska to form a constitution and State government and for the admission of such State into the Union on an equal footing with the original States upon certain conditions in said act specified; and Whereas said people did adopt a constitution conforming to the provisions and conditions of said act and ask admission into the Union; and Whereas the Congress of the United States did on the 8th and 9th days of February, 1867, in mode prescribed by the Constitution, pass a further act for the admission of the State of Nebraska into the Union, in which last-named act it was provided that it should not take effect except upon the fundamental condition that within the State of Nebraska there should be no denial of the elective franchise or of any other right to any person by reason of race or color, excepting Indians not taxed, and upon the further fundamental condition that the legislature of said State, by a solemn public act, should declare the assent of said State to the said fundamental condition and should transmit to the President of the United States an authenticated copy of said act of the legislature of said State, upon receipt whereof the President, by proclamation, should forthwith announce the fact, whereupon said fundamental condition should be held as a part of the organic law of the State, and thereupon, and without any further proceeding on the part of Congress, the admission of said State into the Union should be considered as complete; and Whereas within the time prescribed by said act of Congress of the 8th and 9th of February, 1867, the legislature of the State of Nebraska did pass an act ratifying the said act of Congress of the 8th and 9th of February, 1867, and declaring that the aforenamed provisions of the third section of said last-named act of Congress should be a part of the organic law of the State of Nebraska; and Whereas a duly authenticated copy of said act of the legislature of the State of Nebraska has been received by me: Now, therefore, I, Andrew Johnson, President of the United States of America, do, in accordance with the provisions of the act of Congress last herein named, declare and proclaim the fact that the fundamental conditions imposed by Congress on the State of Nebraska to entitle that State to admission to the Union have been ratified and accepted and that the admission of the said State into the Union is now complete. In testimony whereof I have hereto set my hand and have caused the seal of the United States to be affixed. Done at the city of Washington, this 1st day of March, A.D. 1867, and of the Independence of the United States of America the ninety-first. ANDREW JOHNSON. By the President: WILLIAM H. SEWARD, Secretary of State. Source: https://www.presidency.ucsb.edu/documents/proclamation-164-admission-nebraska-into-the-union

Given on January 3rd, 1867 Mr. Speaker, I am very anxious that this bill should be proceeded with until finally acted upon.  I desire that as early as possible, without curtailing debate, this House shall come to some conclusion as to what shall be done with the rebel States.  This becomes more and more necessary every day; and the late decision of the Supreme Court of the United States has rendered immediate action by Congress upon the question of the establishment of governments in the rebel States absolutely indispensable. That decision, although in terms perhaps not as infamous as the Dred Scott decision, is yet far more dangerous in its operation upon the lives and liberties of the loyal men of this country. That decision has taken away every protection in everyone of these rebel States from every loyal man, black or white, who resides there. That decision has unsheathed the dagger of the assassin and places the knife of the rebel at the throat of every man who dares proclaim himself to be now, or to have been heretofore, a loyal Union man. If the doctrine enunciated in that decision be true, never were the people of any country anywhere, or at any time, in such terrible peril as are our loyal brethren at the South, whether they be black or white, whether they go there from the North or are natives of the rebel States. Now, Mr. Speaker, unless Congress proceeds at once to do something to protect these people from the barbarians who are now daily murdering them; who are murdering the loyal whites daily and daily putting into secret graves not only hundreds but thousands of the colored people of that country; unless Congress proceeds at once to adopt some means for their protection, I ask you and every man who loves liberty whether we will not be liable to the just censure of the world for our negligence or our cowardice or our want of ability to do so? Now, sir, it is for these reasons that I insist on the passage of some such measure as this. This is a bill designed to enable loyal men, so far as I could discriminate them in these States, to form governments which shall be in loyal hands, that they may protect themselves from such outrages as I have mentioned. In States that have never been restored since the rebellion from a state of conquest, and which are this day held in captivity under the laws of war, the military authorities, under this decision and its extension into disloyal States, dare not order the commanders of departments to enforce the laws of the country. One of the most atrocious murderers that has ever been let loose upon any community has lately been liberated under this very decision, because the Government extended it, perhaps according to the proper construction, to the conquered States as well as to the loyal States. A gentleman from Richmond, who had personal knowledge of the facts, told me the circumstances of the murder. A colored man, driving the family of his employer, drove his wagon against a wagon containing Watson and his family. The wagon of Watson was broken. The next day Watson went to the employer of the colored man and complained. The employer offered to pay Watson every dollar that he might assess for the damage that had been done. “No” said he , “I claim the right to chastise the scoundrel.” He followed the colored man, took out his revolver, and deliberately shot him dead in the presence of that community. No civil authority would prosecute him; and, when taken into custody by the military authority, he is discharged by order of the President under this most injurious and iniquitous decision. Now, sir, if that decision be the law, then it becomes the more necessary that we should proceed to take care that such a construction as that shall not open the door to greater injuries than have already been sustained. Thus much I have said at the outset of my remarks, which shall not be very long. The people have once more nobly done their duty. May I ask, without offense, will Congress have the courage to do its duty? Or will it be deterred by the clamor of ignorance, bigotry, and despotism from perfecting a revolution begun without their consent, but which ought not to be ended without their full participation and concurrence? Possibly the people would not have inaugurated this revolution to correct the palpable incongruities and despotic provisions of the Constitution; but having it forced upon them, will they be so unwise as to suffer it to subside without erecting this nation into a perfect Republic? Since the surrender of the armies of the confederate States of America a little has been done toward establishing this Government upon the true principles of liberty and justice; and but a little if we stop here. We have broken the material shackles of four million slaves. We have unchained them from the stake so as to allow them locomotion, provided they do not walk in paths which are trod by white men. We have allowed them the unwonted privilege of attending church, if they can do so without offending the sight of their former masters. We have even given them that highest and most agreeable evidence of liberty as defined by the “great plebeian” the “right to work.” But in what have we enlarged their liberty of thought? In what have we taught them the science and granted them the privilege of self-government? We have imposed upon them the privilege of fighting our battles, of dying in defense of freedom, and of bearing their equal portion of taxes; but where have we given them the privilege of ever participating in the formation of the laws for the government of their native land? By what civil weapon have we enabled them to defend themselves against oppression and injustice? Call you this liberty? Call you this a free Republic where four millions are subjects but not citizens? Then Persia, with her kings and satraps, was free; then Turkey is free! Their subjects had liberty of motion and of labor, but the laws were made without and against their will; but I must declare that, in my judgment, they were as really free governments as ours is to-day. I know they had fewer rulers and more subjects, but those rulers were no more despotic than ours, and their subjects had just as large privileges in governing the country as ours have. Think not I would slander my native land; I would reform it. Twenty years ago I denounced it as a despotism. Then, twenty million white men enchained four million black men. I pronounce it no nearer to a true Republic now when twenty-five million of a privileged class exclude five million from all participation in the rights of government. The freedom of a Government does not depend upon the quality of its laws, but upon the power that has the right to enact them. During the dictatorship of Pericles his laws were just, but Greece was not free. During the last century Russia has been blessed with most remarkable emperors, who have generally decreed wise and just laws, but Russia is not free. No Government can be free that does not allow all its citizens to participate in the formation and execution of her laws. There are degrees of tyranny. But every other government is a despotism. It has always been observed that the larger the number of the rulers the more cruel the treatment of the subject races. It were better for the black man if he were governed by one king than by twenty million. What are the great questions which now divide the nation? In the midst of the political Babel which has been produced by the intermingling of secessionists, rebels, pardoned traitors, hissing Copperheads, and apostate Republicans, such a confusion of tongues is heard that it is difficult to understand either the questions that are asked or the answers that are given. Ask, what is the “President’s policy?” and it is difficult to define it. Ask, what is the “policy of Congress?” and the answer is not always at hand. A few moments may be profitably spent in seeking the meaning of each of these terms. Nearly six years ago a bloody war arose between different sections of the United States. Eleven States, possessing a very large extent of territory, and ten or twelve million people, aimed to sever their connection with the Union, and to form an independent empire, founded on the avowed principle of human slavery and excluding every free State from this confederacy. They did not claim to raise an insurrection to reform the Government of the country -a rebellion against the laws-but they asserted their entire independence of that Government and of all obligations to its laws. They were satisfied that the United States should maintain its old Constitution and laws. They formed an entirely new constitution; a new and distinct government, called the “confederate States of America.” They passed their own laws, without regard to any former national connection. Their government became perfectly organized, both in its civil and military departments. Within the broad limits of those eleven States the “confederate States” had as perfect and absolute control as the United States had over the other twenty-five. The” confederate States” refused to negotiate with the United States, except upon the basis of independence of perfect national equality. The two powers mutually prepared to settle the question by arms. They each raised more than half a million armed men. The war was acknowledged by other nations as a public war between independent belligerents. The parties acknowledged each other as such, and claimed to be governed by the law of nations and the laws of war in their treatment of each other. On the result of the war depended the fate and ulterior condition of the contending parties. No one then pretended that the eleven States had any rights under the Constitution of the United States, or any right to interfere in the legislation of the country. Whether they should ever have all men of both sections, without exception, agreed would depend on the will of Congress, if the United States were victorious. The confederate States claimed no rights unless they could conquer them by the contest of arms. President Lincoln, Vice President Johnson, and both branches of Congress repeatedly declared that the belligerent States could never again intermeddle with the affairs of the Union, or claim any right as members of the United States Government until the legislative power of the Government should declare them entitled thereto. Of course the rebels claimed no such rights; for whether their States were out of the Union as they declared, or were disorganized and “out of their proper relations” to the Government, as some subtle metaphysicians contend, their rights under the Constitution had all been renounced and abjured under oath, and could not be resumed on their own mere motion. How far their liabilities remained there was more difference of opinion. The Federal arms triumphed. The confederate armies and government surrendered unconditionally. The law of nations then fixed their condition. They were subject to the controlling power of the conquerors. No former laws, no former compacts or treaties existed to bind the belligerents. They had all been melted and consumed in the fierce fires of the terrible war. The United States, according to the usage of nations, appointed military provisional governors to regulate their municipal institutions until the law-making power of the conqueror should fix their condition and the law by which they should be permanently governed. True, some of those governors were illegally appointed, being civilians. No one then supposed that those States had any governments, except such as they had formed under their rebel organization. No sane man believed that they had any organic or municipal laws which the United States were bound to respect. Whoever had then asserted that those States had remained unfractured, and entitled to all the rights and privileges which they enjoyed before the rebellion, and were on a level with their loyal conquerors, would have been deemed a fool, and would have been found insane by any inquisition “de lunatico inquirendo.” In monarchical Governments, where the sovereign power rests in the Crown, the king would have fixed the condition of the conquered provinces. He might have extended the laws of his empire over them, allowed them to retain portions of their old institutions, or, by conditions of peace, have fixed upon them new and exceptional laws. In this country the whole sovereignty rests with the people, and is exercised through their Representatives in Congress assembled. The legislative power is the sole guardian of that sovereignty. No other branch of the Government, no other Department, no other officer of the Government, possesses one single particle of the sovereignty of the nation. No Government official, from the President and Chief Justice down, can do anyone act which is not prescribed and directed by the legislative power. Suppose the Government were now to be organized for the first time under the Constitution, and the President had been elected and the judiciary appointed: what could either do until Congress passed laws to regulate their proceedings? What power would the President have over anyone subject of government until Congress had legislated on that subject? No State could order the election of members until Congress had ordered a census and made an apportionment. Any exception to this rule has been a work of grace in Congress by passing healing acts. The President could not even create bureaus or Departments to facilitate his executive operations. He must ask leave of Congress. Since, then, the President cannot enact, alter, or modify a single law; cannot even create a petty office within his own sphere of duties; if, in short, he is the mere servant of the people, who issue their commands to him through Congress, whence does he derive the constitutional power to create new States; to remodel old ones; to dictate organic laws; to fix the qualification of voters; to declare that States are republican and entitled to command Congress to admit their Representatives? To my mind it is either the most ignorant and shallow mistake of his duties, or the most brazen and impudent usurpation of power. It is claimed for him by some as the Commander-in-Chief of the Army and Navy. How absurd that a mere executive officer should claim creative powers! Though Commander- in-Chief by the Constitution, he would have nothing to command, either by land or water, until Congress raised both Army and Navy. Congress also prescribes the rules and regulations to govern the Army. Even that is not left to the Commander-in-Chief. Though the President is Commander-in-Chief, Congress is his commander; and, God willing, he shall obey. He and his minions shall learn that this is not a Government of kings and satraps, but a Government of the people, and that Congress is the people. There is not one word in the Constitution that gives one particle of anything but judicial and executive power to any other department of Government but Congress. The veto power is no exception; it is merely a power to compel a reconsideration. What can be plainer? “All legislative powers herein granted shall be vested in a Congress of the United States. Such shall consist of a Senate and House of Representatives.”Constitution United States, art.I, sec. I. To reconstruct the nation, to admit new States, to guaranty republican governments to old States are all legislative acts. The President claims the right to exercise them. Congress denies it and asserts the right to belong to the legislative branch. They have determined to defend these rights against all usurpers. They have determined that while in their keeping the Constitution shall not be violated with impunity. This I take to be the great question between the President and Congress. He claims the right to reconstruct by his own power. Congress denies him all power in the matter, except those of advice, and has determined to maintain such denial. “My policy” asserts full power in the Executive. The policy of Congress forbids him to exercise any power therein. Beyond this I do not agree that the “policy” of the parties are defined. To be sure many subordinate items of the policy of each may be easily sketched. The President is for exonerating the conquered rebels from all the expense and damages of the war, and for compelling the loyal citizens to pay the whole debt caused by the rebellion. He insists that those of our people who were plundered and their property burned or destroyed by rebel raiders shall not be indemnified, but shall bear their own loss, while the rebels shall retain their own property, most of which was declared forfeited by the Congress of the United States. He desires that the traitors (having sternly executed that most important leader, Rickety Weirze,7 as a high example) should be exempt from further fine, imprisonment, forfeiture, exile, or capital punishment, and be declared entitled to all the rights of loyal citizens. He desires that the States created by him shall be acknowledged as valid States, while at the same time he inconsistently declares that the old rebel States are in full existence, and always have been, and have equal rights with the loyal States. He opposes the amendment to the Constitution, which changes the base of representation, and desires the old slave States to have the benefit of their increase of freemen without increasing the number of votes; in short, he desires to make the vote of one rebel in South Carolina equal to the vote of three freemen in Pennsylvania or New York. He is determined to force a solid rebel delegation into Congress from the South, and, together with Northern Copperheads, could at once control Congress and elect all future Presidents. In opposition to these things, a portion of Congress seems to desire that the conquered belligerent shall, according to the law of nations, pay at least a part of the expenses and damages of the war; and that especially the loyal people who were plundered and impoverished by rebel raiders shall be fully indemnified. A majority of Congress desires that treason shall be made odious, not by bloody executions, but by other adequate punishments. Congress refuses to treat the States created by him as of any validity, and denies that the old rebel States have any existence which gives them any rights under the Constitution. Congress insists on changing the basis of representation so as to put white voters on an equality in both sections, and that such change shall precede the admission of any State. I deny that there is any understanding, expressed or implied, that upon the adoption of the amendment by any State, that such State may be admitted, (before the amendment becomes part of the Constitution.? Such a course would soon surrender the Government into the hands of rebels. Such a course would be senseless, inconsistent, and illogical. Congress denies that any State lately in rebellion has any government or constitution known to the Constitution of the United States , or which can be recognized as part of the Union. How, then, can such a State adopt the amendment? To allow it would be yielding the whole question and admitting the unimpaired rights of the seceded States. I know of no Republican who does not ridicule what Mr. Seward thought a cunning movement, in counting Virginia and other outlawed States among those which had adopted the constitutional amendment abolishing slavery. It is to be regretted that inconsiderate and incautious Republicans should ever have supposed that the slight amendments already proposed to the Constitution, even when incorporated into that instrument, would satisfy the reforms necessary for the security of the Government. Unless the rebel States, before admission, should be made republican in spirit, and placed under the guardianship of loyal men, all. our blood and treasure will have been spent in vain. I waive now the question of punishment which, if we are wise, will still be inflicted by moderate confiscations, both as a reproof and example. Having these States, as we all agree, entirely within the power of Congress, it is our duty to take care that no injustice shall remain in their organic laws. Holding them “like clay in the hands of the potter,” we must see that no vessel is made for destruction. Having now no governments, they must have enabling acts. The law of last session with regard to Territories settled the principles of such acts. Impartial suffrage, both in electing the delegates and ratifying their proceedings, is now the fixed rule. There is more reason why colored voters should be admitted in the rebel States than in the Territories. In the States they form the great mass of the loyal men. Possibly with their aid loyal governments may be established in most of those States. Without it all are sure to be ruled by traitors; and loyal men, black and white, will be oppressed, exiled, or murdered. There are several good reasons for the passage of this bill. In the first place, it is just. I am now confining my arguments to negro suffrage in the rebel States. Have not loyal blacks quite as good a right to choose rulers and make laws as rebel whites? In the second place, it is a necessity in order to protect the loyal white men in the seceded States. The white Union men are in a great minority in each of those States. With them the blacks would act in a body; and it is believed that in each of said States, except one, the two united would form a majority, control the States, and protect themselves. Now they are the victims of daily murder. They must suffer constant persecution or be exiled. The convention of southern loyalists, lately held in  Philadelphia, almost unanimously agreed to such a bill as an absolute necessity. Another good reason is, it would insure the ascendancy of the Union party. Do you avow the party purpose? exclaims some horror-stricken demagogue. I do. For I believe, on my conscience, that on the continued ascendancy of that party depends the safety of this great nation. If impartial suffrage is excluded in the rebel States then everyone of them is sure to send a solid rebel representative delegation to Congress, and cast a solid rebel electoral vote. They, with their kindred Copperheads of the North, would always elect the President and control Congress. While slavery sat upon her defiant throne, and insulted and intimidated the trembling North, the South frequently divided on questions of policy between Whigs and Democrats, and gave victory alternately to the sections. Now, you must divide them between loyalists, without regard to color, and disloyalists, or you will be the perpetual vassals of the free trade, irritated, revengeful South. For these, among other reasons, I am for negro suffrage in every rebel State. If it be just, it should not be denied; if it be necessary, it should be adopted; if it be a punishment to traitors, they deserve it. But it will be said, as it has been said, “This is negro equality!” What is negro equality, about which so much is said by knaves, and some of which is believed by men who are not fools? It means, as understood by honest Republicans, just this much, and no more: every man, no matter what his race or color; every earthly being who has an immortal soul, has an equal right to justice, honesty, and fair play with every other man; and the law should secure him these rights. The same law which condemns or acquits an African should condemn or acquit a white man. The same law which gives a verdict in a White man’s favor should give a verdict in a black man’s favor on the same state of facts. Such is the law of God and such ought to be the law of man. This doctrine does not mean that a negro shall sit on the same seat or eat at the same table with a white man. That is a matter of taste which every man must decide for himself. The law has nothing to do with it. If there be any who are afraid of the rivalry of the black man in office or in business, I have only to advise them to try and beat their competitor in knowledge and business capacity, and there is no danger that his white neighbors will prefer his African rival to himself. I know there is between those who are influenced by this cry of “negro equality” and the opinion that there is still danger that the negro will be the smartest, for I never saw even a contraband slave that had not more sense than such men. There are those who admit the justice and ultimate utility of granting impartial suffrage to all men, but they think it is impolitic. An ancient philosopher, whose antagonist admitted that what he required was just but deemed it impolitic, asked him: “Do you believe in Hades?” I would say to those above referred to, who admit the justice of human equality before the law but doubt its policy: “Do you believe in heIl?” How do you answer the principle inscribed in Our political scripture, “That to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed?” Without such consent government is a tyranny, and you exercising it are tyrants. Of course, this does not admit malefactors to power, or there would soon be no penal laws and society would become an anarchy. But this step forward is an assault upon ignorance and prejudice, and timid men shrink from it. Are such men fit to sit in the places of statesmen? There are periods in the history of nations when statesmen can make themselves names for posterity; but such occasions are never improved by cowards. In the acquisition of true fame courage is just as necessary in the civilian as in the military hero. In the Reformation there were men engaged as able and perhaps more learned than Martin Luther. Melancthon and others were ripe scholars and sincere reformers, but none of them had his courage. He alone was willing to go where duty called though” devils were as thick as the tiles on the houses.” And Luther is the great luminary of the Reformation, around whom the others revolve as satellites and shine by his light. We may not aspire to fame. But great events fix the eye of history on small objects and magnify their meanness. Let us at least escape that condition. Source: https://www.blackpast.org/african-american-history/1867-thaddeus-stevens-reconstruction/

Johnson’s Second Annual Message December 03, 1866 Fellow-Citizens of the Senate and House of Representatives: After a brief interval the Congress of the United States resumes its annual legislative labors. An all-wise and merciful Providence has abated the pestilence which visited our shores, leaving its calamitous traces upon some portions of our country. Peace, order, tranquillity, and civil authority have been formally declared to exist throughout the whole of the United States. In all of the States civil authority has superseded the coercion of arms, and the people, by their voluntary action, are maintaining their governments in full activity and complete operation. The enforcement of the laws is no longer "obstructed in any State by combinations too powerful to be suppressed by the ordinary course of judicial proceedings," and the animosities engendered by the war are rapidly yielding to the beneficent influences of our free institutions and to the kindly effects of unrestricted social and commercial intercourse. An entire restoration of fraternal feeling must be the earnest wish of every patriotic heart; and we will have accomplished our grandest national achievement when, forgetting the sad events of the past and remembering only their instructive lessons, we resume our onward career as a free, prosperous, and united people. In my message of the 4th of December, 1865, Congress was informed of the measures which had been instituted by the Executive with a view to the gradual restoration of the States in which the insurrection occurred to their relations with the General Government. Provisional governors had been appointed, conventions called, governors elected, legislatures assembled, and Senators and Representatives chosen to the Congress of the United States. Courts had been opened for the enforcement of laws long in abeyance. The blockade had been removed, custom-houses reestablished, and the internal-revenue laws put in force, in order that the people might contribute to the national income. Postal operations had been renewed, and efforts were being made to restore them to their former condition of efficiency. The States themselves had been asked to take Dart in the high function of amending the Constitution, and of thus sanctioning the extinction of African slavery as one of the legitimate results of our internecine struggle. Having progressed thus far, the executive department found that it had accomplished nearly all that was within the scope of its constitutional authority. One thing, however, yet remained to be done before the work of restoration could be completed, and that was the admission to Congress of loyal Senators and Representatives from the States whose people had rebelled against the lawful authority of the General Government. This question devolved upon the respective Houses, which by the Constitution are made the judges of the elections, returns, and qualifications of their own members, and its consideration at once engaged the attention of Congress. In the meantime the executive department--no other plan having been proposed by Congress--continued its efforts to perfect, as far as was practicable, the restoration of the proper relations between the citizens of the respective States, the States, and the Federal Government, extending from time to time, as the public interests seemed to require, the judicial, revenue, and postal systems of the country. With the advice and consent of the Senate, the necessary officers were appointed and appropriations made by Congress for the payment of their salaries. The proposition to amend the Federal Constitution, so as to prevent the existence of slavery within the United States or any place subject to their jurisdiction, was ratified by the requisite number of States, and on the 18th day of December, 1865, it was officially declared to have become valid as a part of the Constitution of the United States. All of the States in which the insurrection had existed promptly amended their constitutions so as to make them conform to the great change thus effected in the organic law of the land; declared null and void all ordinances and laws of secession; repudiated all pretended debts and obligations created for the revolutionary purposes of the insurrection, and proceeded in good faith to the enactment of measures for the protection and amelioration of the condition of the colored race. Congress, however, yet hesitated to admit any of these States to representation, and it was not until toward the close of the eighth month of the session that an exception was made in favor of Tennessee by the admission of her Senators and Representatives. I deem it a subject of profound regret that Congress has thus far failed to admit to seats loyal Senators and Representatives from the other States whose inhabitants, with those of Tennessee, had engaged in the rebellion. Ten States--more than one-fourth of the whole number--remain without representation; the seats of fifty members in the House of Representatives and of twenty members in the Senate are yet vacant, not by their own consent, not by a failure of election, but by the refusal of Congress to accept their credentials. Their admission, it is believed, would have accomplished much toward the renewal and strengthening of our relations as one people and removed serious cause for discontent on the part of the inhabitants of those States. It would have accorded with the great principle enunciated in the Declaration of American Independence that no people ought to bear the burden of taxation and yet be denied the right of representation. It would have been in consonance with the express provisions of the Constitution that "each State shall have at least one Representative" and "that no State, without its consent, shall be deprived of its equal suffrage in the Senate." These provisions were intended to secure to every State and to the people of every State the right of representation in each House of Congress; and so important was it deemed by the framers of the Constitution that the equality of the States in the Senate should be preserved that not even by an amendment of the Constitution can any State, without its consent, be denied a voice in that branch of the National Legislature. It is true it has been assumed that the existence of the States was terminated by the rebellious acts of their inhabitants, and that, the insurrection having been suppressed, they were thenceforward to be considered merely as conquered territories. The legislative, executive, and judicial departments of the Government have, however, with Heat distinctness and uniform consistency, refused to sanction an assumption so incompatible with the nature of our republican system and with the professed objects of the war. Throughout the recent legislation of Congress the undeniable fact makes itself apparent that these ten political communities are nothing less than States of this Union. At the very commencement of the rebellion each House declared, with a unanimity as remarkable as it was significant, that the war was not "waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof, and to preserve the Union, with all the dignity, equality, and rights of the several States unimpaired; and that as soon as these objects" were "accomplished the war ought to cease." In some instances Senators were permitted to continue their legislative functions, while in other instances Representatives were elected and admitted to seats after their States had formally declared their right to withdraw from the Union and were endeavoring to maintain that right by force of arms. All of the States whose people were in insurrection, as States, were included in the apportionment of the direct tax of $20,000,000 annually laid upon the United States by the act approved 5th August, 1861. Congress, by the act of March 4, 1862, and by the apportionment of representation thereunder also recognized their presence as States in the Union; and they have, for judicial purposes, been divided into districts, as States alone can be divided. The same recognition appears in the recent legislation in reference to Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed by the rebellion, but merely suspended; and that principle is of course applicable to those States which, like Tennessee, attempted to renounce their places in the Union. The action of the executive department of the Government upon this subject has been equally definite and uniform, and the purpose of the war was specifically stated in the proclamation issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and declared "that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States and the people thereof in which States that relation is or may be suspended or disturbed." The recognition of the States by the judicial department of the Government has also been dear and conclusive in all proceedings affecting them as States had in the Supreme, circuit, and district courts. In the admission of Senators and Representatives from any and all of the States there can be no just ground of apprehension that persons who are disloyal will be clothed with the powers of legislation, for this could not happen when the Constitution and the laws are enforced by a vigilant and faithful Congress. Each House is made the "judge of the elections, returns, and qualifications of its own members," and may, "with the concurrence of two-thirds, expel a member." When a Senator or Representative presents his certificate of election, he may at once be admitted or rejected; or, should there be any question as to his eligibility, his credentials may be referred for investigation to the appropriate committee. If admitted to a seat, it must be upon evidence satisfactory to the House of which he thus becomes a member that he possesses the requisite constitutional and legal qualifications. If refused admission as a member for want of due allegiance to the Government and returned to his constituents, they are admonished that none but persons loyal to the United States will be allowed a voice in the legislative councils of the nation, and the political power and moral influence of Congress are thus effectively exerted in the interests of loyalty to the Government and fidelity to the Union. Upon this question, so vitally affecting the restoration of the Union and the permanency of our present form of government, my convictions, heretofore expressed, have undergone no change, but, on the contrary, their correctness has been confirmed by reflection and time. If the admission of loyal members to seats in the respective Houses of Congress was wise and expedient a year ago, it is no less wise and expedient now. If this anomalous condition is right now--if in the exact condition of these States at the present time it is lawful to exclude them from representation--I do not see that the question will be changed by the efflux of time. Ten years hence. if these States remain as they are, the right of representation will be no stronger, the right of exclusion will be no weaker. The Constitution of the United States makes it the duty of the President to recommend to the consideration of Congress "such measures as he shall judge necessary and expedient." I know of no measure more imperatively demanded by every consideration of national interest, sound policy, and equal justice than the admission of loyal members from the now unrepresented States. This would consummate the work of restoration and exert a most salutary influence in the reestablishment of peace, harmony, and fraternal feeling. It would tend greatly to renew the confidence of the American people in the vigor and stability of their institutions. It would bind us more closely together as a nation and enable us to show to the world the inherent and recuperative power of a government founded upon the will of the people and established upon the principles of liberty, justice, and intelligence. Our increased strength and enhanced prosperity would irrefragably demonstrate the fallacy of the arguments against free institutions drawn from our recent national disorders by the enemies of republican government. The admission of loyal members from the States now excluded from Congress, by allaying doubt and apprehension, would turn capital now awaiting an opportunity for investment into the channels of trade and industry. It would alleviate the present troubled condition of those States, and by inducing emigration aid in the settlement of fertile regions now uncultivated and lead to an increased production of those staples which have added so greatly to the wealth of the nation and commerce of the world. New fields of enterprise would be opened to our progressive people and soon the devastations of war would be repaired and all traces of our domestic differences effaced from the minds of our countrymen. In our efforts to preserve "the unity of government which constitutes as one people" by restoring the States to the condition which they held prior to the rebellion, we should be cautious, lest, having rescued our nation from perils of threatened disintegration, we resort to consolidation, and in the end absolute despotism, as a remedy for the recurrence of similar troubles. The war having terminated, and with it all occasion for the exercise of powers of doubtful constitutionality, we should hasten to bring legislation within the boundaries prescribed by the Constitution and to return to the ancient landmarks established by our fathers for the guidance of succeeding generations. The constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates; but let there be no change by usurpation, for it is the customary weapon by which free governments are destroyed. Washington spoke these words to his countrymen when, followed by their love and gratitude, he voluntarily retired from the cares of public life. "To keep in all things within the pale of our constitutional powers and cherish the Federal Union as the only rock of safety" were prescribed by Jefferson as rules of action to endear to his "countrymen the true principles of their Constitution and promote a union of sentiment and action, equally auspicious to their happiness and safety." Jackson held that the action of the General Government should always be strictly confined to the sphere of its appropriate duties, and justly and forcibly urged that our Government is not to be maintained nor our Union preserved "by invasions of the rights and powers of the several States. In thus attempting to make our General Government strong we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves; in making itself felt, not in its power, but in its beneficence; not in its control, but in its protection; not in binding the States more closely to the center, but leaving each to move unobstructed in its proper constitutional orbit." These are the teachings of men whose deeds and services have made them illustrious, and who, long since withdrawn from the scenes of life, have left to their country the rich legacy of their example, their wisdom, and their patriotism. Drawing fresh inspiration from their lessons, let us emulate them in love of country and respect for the Constitution and the laws. The report of the Secretary of the Treasury affords much information respecting the revenue and commerce of the country. His views upon the currency and with reference to a proper adjustment of our revenue system, internal as well as impost, are commended to the careful consideration of Congress. In my last annual message I expressed my general views upon these subjects. I need now only call attention to the necessity of carrying into every department of the Government a system of rigid accountability, thorough retrenchment, and wise economy. With no exceptional nor unusual expenditures, the oppressive burdens of taxation can be lessened by such a modification of our revenue laws as will be consistent with the public faith and the legitimate and necessary wants of the Government. The report presents a much more satisfactory condition of our finances than one year ago the most sanguine could have anticipated. During the fiscal year ending the 30th June, 1865 (the last year of the war), the public debt was increased $941,902,537, and on the 31st of October, 1865, it amounted to $2,740,854,750. On the 31st day of October, 1866, it had been reduced to $2,552,310,006, the diminution during a period of fourteen months, commencing September 1, 1865, and ending October 31, 1866, having been $206,379,565. In the last annual report on the state of the finances it was estimated that during the three quarters of the fiscal year ending the 30th of June last the debt would be increased $112,194,947. During that period, however, it was reduced $31,196,387, the receipts of the year having been $89,905,905 more and the expenditures $200,529,235 less than the estimates. Nothing could more clearly indicate than these statements the extent and availability of the national resources and the rapidity and safety with which under our form of government, great military and naval establishments can be disbanded and expenses reduced from a war to a peace footing. During the fiscal year ending June 30, 1866, the receipts were $558,032,620 and the expenditures $520,750,940, leaving an available surplus of $37,281,680. It is estimated that the receipts for the fiscal year ending the 30th June, 1867, will be $475,061.386, and that the expenditures will reach the sum of $316,428,078, leaving in the Treasury a surplus of $158,633,308. For the fiscal year ending June 30, 1886, it is estimated that the receipts will amount to $436,000,000 and that the expenditures will be $350,247,641, showing an excess of $85,752,359 in favor of the Government. These estimated receipts may be diminished by a reduction of excise and import duties, but after all necessary reductions shall have been made the revenue of the present and of following years will doubtless be sufficient to cover all legitimate charges upon the Treasury and leave a large annual surplus to be applied to the payment of the principal of the debt. There seems now to be no good reason why taxes may not be reduced as the country advances in population and wealth, and yet the debt be extinguished within the next quarter of a century. The report of the Secretary of War furnishes valuable and important information in reference to the operations of his Department during the past year. Few volunteers now remain in the service, and they are being discharged as rapidly as they can be replaced by regular troops. The Army has been promptly paid, carefully provided with medical treatment, well sheltered and subsisted, and is to be furnished with breech-loading small arms. The military strength of the nation has been unimpaired by the discharge of volunteers, the disposition of unserviceable or perishable stores, and the retrenchment of expenditure. Sufficient war material to meet any emergency has been retained, and from the disbanded volunteers standing ready to respond to the national call large armies can be rapidly organized, equipped, and concentrated. Fortifications on the coast and frontier have received or are being prepared for more powerful armaments; lake surveys and harbor and river improvements are in course of energetic prosecution. Preparations have been made for the payment of the additional bounties authorized during the recent session of Congress, under such regulations as will protect the Government from fraud and secure to the honorably discharged soldier the well-earned reward of his faithfulness and gallantry. More than 6,000 maimed soldiers have received artificial limbs or other surgical apparatus. and 41 national cemeteries, containing the remains of 104,526 Union soldiers, have already been established. The total estimate of military appropriations is $25,205,669. It is stated in the report of the Secretary of the Navy that the naval force at this time consists of 278 vessels, armed with 2,351 guns. Of these, 115 vessels, carrying 1,029 guns, are in commission, distributed chiefly among seven squadrons. The number of men in the service is 13,600. Great activity and vigilance have been displayed by all the squadrons, and their movements have been judiciously and efficiently arranged in such manner as would best promote American commerce and protect the rights and interests of our countrymen abroad. The vessels unemployed are undergoing repairs or are laid up until their services may be required. Most of the ironclad fleet is at League Island, in the vicinity of Philadelphia, a place which, until decisive action should be taken by Congress, was selected by the Secretary of the Navy as the most eligible location for that class of vessels. It is important that a suitable public station should be provided for the ironclad fleet. It is intended that these vessels shall be in proper condition for any emergency, and it is desirable that the bill accepting League Island for naval purposes, which passed the House of Representatives at its last session, should receive final action at an early period, in order that there may be a suitable public station for this class of vessels, as well as a navy-yard of area sufficient for the wants of the service on the Delaware River. The naval pension fund amounts to $11,750,000, having been increased $2,750,000 during the year. The expenditures of the Department for the fiscal year ending 30th June last were $43,324,526, and the estimates for the coming year amount to $23,568,436. Attention is invited to the condition of our seamen and the importance of legislative measures for their relief and improvement. The suggestions in behalf of this deserving class of our fellow-citizens are earnestly recommended to the favorable attention of Congress. The report of the Postmaster-General presents a most satisfactory condition of the postal service and submits recommendations which deserve the consideration of Congress. The revenues of the Department for the year ending June 30, 1866, were $14,386,986 and the expenditures $15,352,079, showing an excess of the latter of $965,093. In anticipation of this deficiency, however, a special appropriation was made by Congress in the act approved July 28, 1866. Including the standing appropriation of $700,000 for free mail matter as a legitimate portion of the revenues, yet remaining unexpended, the actual deficiency for the past year is only $265,093--a sum within $51,141 of the amount estimated in the annual report of 1864. The decrease of revenue compared with the previous year was 1 1/5 per cent, and the increase of expenditures, owing principally to the enlargement of the mail service in the South, was 12 per cent. On the 30th of June last there were in operation 6,930 mail routes, with an aggregate length of 180,921 miles, an aggregate annual transportation of 71,837,914 miles, and an aggregate annual cost, including all expenditures, of $8,410,184. The length of railroad routes is 32,092 miles and the annual transportation 30,609,467 miles. The length of steamboat routes is 14,346 miles and the annual transportation 3,411,962 miles. The mail servce is rapidly increasing throughout the whole country, and its steady extension in the Southern States indicates their constantly improving condition. The growing importance of the foreign service also merits attention. The post-office department of Great Britain and our own have agreed upon a preliminary basis for a new postal convention, which it is believed will prove eminently beneficial to the commercial interests of the United States, inasmuch as it contemplates a reduction of the international letter postage to one-half the existing rates: a reduction of postage with all other countries to and from which correspondence is transmitted in the British mail, or in closed mails through the United Kingdom; the establishment of uniform and reasonable charges for the sea and territorial transit of correspondence in closed mails; and an allowance to each post-office department of the right to use all mail communications established under the authority of the other for the dispatch of correspondence, either in open or closed mails, on the same terms as those applicable to the inhabitants of the country providing the means of transmission. The report of the Secretary of the Interior exhibits the condition of those branches of the public service which are committed to his supervision. During the last fiscal year 4,629,312 acres of public land were disposed of, 1,892,516 acres of which were entered under the homestead act. The policy originally adopted relative to the public lands has undergone essential modifications. Immediate revenue, and not their rapid settlement, was the cardinal feature of our land system. Long experience and earnest discussion have resulted in the conviction that the early development of our agricultural resources and the diffusion of an energetic population over our vast territory are objects of far greater importance to the national growth and prosperity than the proceeds of the sale of the land to the highest bidder in open market. The preemption laws confer upon the pioneer who complies with the terms they impose the privilege of purchasing a limited portion of "unoffered lands" at the minimum price. The homestead enactments relieve the settler from the payment of purchase money, and secure him a permanent home upon the condition of residence for a term of years. This liberal policy invites emigration from the Old and from the more crowded portions of the New World. Its propitious results are undoubted, and will be more signally manifested when time shall have given to it a wider development. Congress has made liberal grants of public land to corporations in aid of the construction of railroads and other internal improvements. Should this policy hereafter prevail, more stringent provisions will be required to secure a faithful application of the fund. The title to the lands should not pass, by patent or otherwise, but remain in the Government and subject to its control until some portion of the road has been actually built. Portions of them might then from time to time be conveyed to the corporation, but never in a greater ratio to the whole quantity embraced by the grant than the completed parts bear to the entire length of the projected improvement. This restriction would not operate to the prejudice of any undertaking conceived in good faith and executed with reasonable energy, as it is the settled practice to withdraw from market the lands falling within the operation of such grants, and thus to exclude the inception of a subsequent adverse right. A breach of the conditions which Congress may deem proper to impose should work a forfeiture of claim to the lands so withdrawn but unconveyed, and of title to the lands conveyed which remain unsold. Operations on the several lines of the Pacific Railroad have been prosecuted with unexampled vigor and success. Should no unforeseen causes of delay occur, it is confidently anticipated that this great thoroughfare will be completed before the expiration of the period designated by Congress. During the last fiscal year the amount paid to pensioners, including the expenses of disbursement, was $13,459,996, and 50,177 names were added to the pension rolls. The entire number of pensioners June 30, 1866, was 126,722. This fact furnishes melancholy and striking proof of the sacrifices made to vindicate the constitutional authority of the Federal Government and to maintain inviolate the integrity of the Union They impose upon us corresponding obligations. It is estimated that $33,000,000 will be required to meet the exigencies of this branch of the service during the next fiscal year. Treaties have been concluded with the Indians, who, enticed into armed opposition to our Government at the outbreak of the rebellion, have unconditionally submitted to our authority and manifested an earnest desire for a renewal of friendly relations. During the year ending September 30, 1866, 8,716 patents for useful inventions and designs were issued, and at that date the balance in the Treasury to the credit of the patent fund was $228,297. As a subject upon which depends an immense amount of the production and commerce of the country, I recommend to Congress such legislation as may be necessary for the preservation of the levees of the Mississippi River. It is a matter of national importance that early steps should be taken, not only to add to the efficiency of these barriers against destructive inundations, but for the removal of all obstructions to the free and safe navigation of that great channel of trade and commerce. The District of Columbia under existing laws is not entitled to that representation in the national councils which from our earliest history has been uniformly accorded to each Territory established from time to time within our limits. It maintains peculiar relations to Congress, to whom the Constitution has granted the power of exercising exclusive legislation over the seat of Government. Our fellow-citizens residing in the District, whose interests are thus confided to the special guardianship of Congress, exceed in number the population of several of our Territories, and no just reason is perceived why a Delegate of their choice should not be admitted to a seat in the House of Representatives. No mode seems so appropriate and effectual of enabling them to make known their peculiar condition and wants and of securing the local legislation adapted to them. I therefore recommend the passage of a law authorizing the electors of the District of Columbia to choose a Delegate, to be allowed the same rights and privileges as a Delegate representing a Territory. The increasing enterprise and rapid progress of improvement in the District are highly gratifying, and I trust that the efforts of the municipal authorities to promote the prosperity of the national metropolis will receive the efficient and generous cooperation of Congress. The report of the Commissioner of Agriculture reviews the operations of his Department during the past year, and asks the aid of Congress in its efforts to encourage those States which, scourged by war, are now earnestly engaged in the reorganization of domestic industry. It is a subject of congratulation that no foreign combinations against our domestic peace and safety or our legitimate influence among the nations have been formed or attempted. While sentiments of reconciliation, loyalty, and patriotism have increased at home, a more just consideration of our national character and rights has been manifested by foreign nations. The entire success of the Atlantic telegraph between the coast of Ireland and the Province of Newfoundland is an achievement which has been justly celebrated in both hemispheres as the opening of an era in the progress of civilization. There is reason to expect that equal success will attend and even greater results follow the enterprise for connecting the two continents through the Pacific Ocean by the projected line of telegraph between Kamchatka and the Russian possessions in America. The resolution of Congress protesting against pardons by foreign governments of persons convicted of infamous offenses on condition of emigration to our country has been communicated to the states with which we maintain intercourse, and the practice, so justly the subject of complaint on our part, has not been renewed. The congratulations of Congress to the Emperor of Russia upon his escape from attempted assassination have been presented to that humane and enlightened ruler and received by him with expressions of grateful appreciation. The Executive, warned of an attempt by Spanish American adventurers to induce the emigration of freedmen of the United States to a foreign country, protested against the project as one which, if consummated, would reduce them to a bondage even more oppressive than that from which they have just been relieved. Assurance has been received from the Government of the State in which the plan was matured that the proceeding will meet neither its encouragement nor approval. It is a question worthy of your consideration whether our laws upon this subject are adequate to the prevention or punishment of the crime thus meditated. In the month of April last, as Congress is aware, a friendly arrangement was made between the Emperor of France and the President of the United States for the withdrawal from Mexico of the French expeditionary military forces. This withdrawal was to be effected in three detachments, the first of which, it was understood, would leave Mexico in November, now past, the second in March next, and the third and last in November, 1867. Immediately upon the completion of the evacuation the French Government was to assume the same attitude of nonintervention in regard to Mexico as is held by the Government of the United States. Repeated assurances have been given by the Emperor since that agreement that he would complete the promised evacuation within the period mentioned, or sooner. It was reasonably expected that the proceedings thus contemplated would produce a crisis of great political interest in the Republic of Mexico. The newly appointed minister of the United States, Mr. Campbell, was therefore sent forward on the 9th day of November last to assume his proper functions as minister plenipotentiary of the United States to that Republic. It was also thought expedient that he should be attended in the vicinity of Mexico by the Lieutenant-General of the Army of the United States, with the view of obtaining such information as might be important to determine the course to be pursued by the United States in reestablishing and maintaining necessary and proper intercourse with the Republic of Mexico. Deeply interested in the cause of liberty and humanity, it seemed an obvious duty on our part to exercise whatever influence we possessed for the restoration and permanent establishment in that country of a domestic and republican form of government. Such was the condition of our affairs in regard to Mexico when, on the 22d of November last, official information was received from Paris that the Emperor of France had some time before decided not to withdraw a detachment of his forces in the month of November past, according to engagement, but that this decision was made with the purpose of withdrawing the whole of those forces in the ensuing spring. Of this determination, however, the United States had not received any notice or intimation, and so soon as the information was received by the Government care was taken to make known its dissent to the Emperor of France. I can not forego the hope that France will reconsider the subject and adopt some resolution in regard to the evacuation of Mexico which will conform as nearly as practicable with the existing engagement, and thus meet the just expectations of the United States. The papers relating to the subject will be laid before you. It is believed that with the evacuation of Mexico by the expeditionary forces no subject for serious differences between France and the United States would remain. The expressions of the Emperor and people of France warrant a hope that the traditionary friendship between the two countries might in that case be renewed and permanently restored. A claim of a citizen of the United States for indemnity for spoliations committed on the high seas by the French authorities in the exercise of a belligerent power against Mexico has been met by the Government of France with a proposition to defer settlement until a mutual convention for the adjustment of all claims of citizens and subjects of both countries arising out of the recent wars on this continent shall be agreed upon by the two countries. The suggestion is not deemed unreasonable. but it belongs to Congress to direct the manner in which claims for indemnity by foreigners as well as by citizens of the United States arising out of the late civil war shall be adjudicated and determined. I have no doubt that the subject of all such claims will engage your attention at a convenient and proper time. It is a matter of regret that no considerable advance has been made toward an adjustment of the differences between the United States and Great Britain arising out of the depredations upon our national commerce and other trespasses committed during our civil war by British subjects, in violation of international law and treaty obligations. The delay, however, may be believed to have resulted in no small degree from the domestic situation of Great Britain. An entire change of ministry occurred in that country during the last session of Parliament. The attention of the new ministry was called to the subject at an early day, and there is some reason to expect that it will now be considered in a becoming and friendly spirit. The importance of an early disposition of the question can not be exaggerated. Whatever might be the wishes of the two Governments, it is manifest that good will and friendship between the two countries can not be established until a reciprocity in the practice of good faith and neutrality shall be restored between the respective nations. On the 6th of June last, in violation of our neutrality laws, a military expedition and enterprise against the British North American colonies was projected and attempted to be carried on within the territory and jurisdiction of the United States. In obedience to the obligation imposed upon the Executive by the Constitution to see that the laws are faithfully executed, all citizens were warned by proclamation against taking part in or aiding such unlawful proceedings, and the proper civil, military, and naval officers were directed to take all necessary measures for the enforcement of the laws. The expedition failed, but it has not been without its painful consequences. Some of our citizens who, it was alleged, were engaged in the expedition were captured, and have been brought to trial as for a capital offense in the Province of Canada. Judgment and sentence of death have been pronounced against some, while others have been acquitted. Fully believing in the maxim of government that severity of civil punishment for misguided persons who have engaged in revolutionary attempts which have disastrously failed is unsound and unwise, such representations have been made to the British Government in behalf of the convicted persons as, being sustained by an enlightened and humane judgment, will, it is hoped, induce in their cases an exercise of clemency and a judicious amnesty to all who were engaged in the movement. Counsel has been employed by the Government to defend citizens of the United States on trial for capital offenses in Canada, and a discontinuance of the prosecutions which were instituted in the courts of the United States against those who took part in the expedition has been directed. I have regarded the expedition as not only political in its nature, but as also in a great measure foreign from the United States in its causes, character, and objects. The attempt was understood to be made in sympathy with an insurgent party in Ireland, and by striking at a British Province on this continent was designed to aid in obtaining redress for political grievances which, it was assumed, the people of Ireland had suffered at the hands of the British Government during a period of several centuries. The persons engaged in it were chiefly natives of that country, some of whom had, while others had not, become citizens of the United States under our general laws of naturalization. Complaints of misgovernment in Ireland continually engage the attention of the British nation, and so great an agitation is now prevailing in Ireland that the British Government have deemed it necessary to suspend the writ of habeas corpus in that country. These circumstances must necessarily modify the opinion which we might otherwise have entertained in regard to an expedition expressly prohibited by our neutrality laws. So long as those laws remain upon our statute books they should be faithfully executed, and if they operate harshly, unjustly, or oppressively Congress alone can apply the remedy by their modification or repeal. Political and commercial interests of the United States are not unlikely to be affected in some degree by events which are transpiring in the eastern regions of Europe, and the time seems to have come when our Government ought to have a proper diplomatic representation in Greece. This Government has claimed for all persons not convicted or accused or suspected of crime an absolute political right of self-expatriation and a choice of new national allegiance. Most of the European States have dissented from this principle, and have claimed a right to hold such of their subjects as have emigrated to and been naturalized in the United States and afterwards returned on transient visits to their native countries to the performance of military service in like manner as resident subjects. Complaints arising from the claim in this respect made by foreign states have heretofore been matters of controversy between the United States and some of the European powers, and the irritation consequent upon the failure to settle this question increased during the war in which Prussia, Italy, and Austria were recently engaged. While Great Britain has never acknowledged the right of expatriation, she has not for some years past practically insisted upon the opposite doctrine. France has been equally forbearing, and Prussia has proposed a compromise, which, although evincing increased liberality, has not been accepted by the United States. Peace is now prevailing everywhere in Europe, and the present seems to be a favorable time for an assertion by Congress of the principle so long maintained by the executive department that naturalization by one state fully exempts the native-born subject of any other state from the performance of military service under any foreign government, so long as he does not voluntarily renounce its rights and benefits. In the performance of a duty imposed upon me by the Constitution I have thus submitted to the representatives of the States and of the people such information of our domestic and foreign affairs as the public interests seem to require. Our Government is now undergoing its most trying ordeal, and my earnest prayer is that the peril may be successfully and finally passed without impairing its original strength and symmetry. The interests of the nation are best to be promoted by the revival of fraternal relations, the complete obliteration of our past differences, and the reinauguration of all the pursuits of peace. Directing our efforts to the early accomplishment of these great ends, let us endeavor to preserve harmony between the coordinate departments of the Government, that each in its proper sphere may cordially cooperate with the other in securing the maintenance of the Constitution, the preservation of the Union, and the perpetuity of our free institutions. ANDREW JOHNSON Source: https://www.presidency.ucsb.edu/documents/second-annual-message-10

April 9, 1866 An Act To protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding. Sec. 2. And be it further enacted, That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different punishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court. Sec. 3. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this act; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court, against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a Bureau for the relief of Freedmen and Refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such cause for trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus and regulation judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the infliction of punishment on the party found guilty. Sec. 4. And be it further enacted, That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States. Sec. 5. And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in conformity with the provisions of this act; and said warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued. Sec. 6. And be it further enacted, That any person who shall knowingly and wilfully obstruct, hinder, or prevent any officer, or other person charged with the execution of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the district in which said offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. Sec. 7. And be it further enacted, That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 8. And be it further enacted, That whenever the President of the United States shall have reason to believe that offences have been or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons charged with a violation of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated. Sec. 9. And be it further enacted, That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act. Sec. 10. And be it further enacted, That upon all questions of law arising in any cause under the provisions of this act a final appeal may be taken to the Supreme Court of the United States. Source: https://www.owleyes.org/text/civil-rights-act-of-1866/read/text-of-the-act#root-34