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  • Alabama Constitution (Confederate)

    Written January 7, 1861, Ratified March 20, 1861 PREAMBLE Revised by order of the Convention of the People, assembled at Montgomery on the Seventh Day of January, A. D., 1861. We the People of the State of Alabama, having separated ourselves from the Government known as the United States of America, and being now by our representatives in Convention assembled, and acting in our sovereign and independent character; in order to establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity - invoking the favor and guidance of Almighty God - do ordain and establish the following Constitution and form of Government for the State of Alabama: And the boundaries of this State are established to be: Beginning where the thirty-first degree of North latitude crosses the Perdido river; thence East, to the boundary line of the State of Georgia; thence along said line to the Southern boundary of the State of Tennessee; thence West, along the Southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the 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 North-west corner of Washington county in this State, as originally formed; thence Southerly along the line 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 same to the beginning. ARTICLE I DECLARATION OF RIGHTS That the general, great and essential principles of liberty and free government may be recognized and established, we declare: Section 1. That all freemen, when they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services. Section 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and, therefore, they have at all times an inalienable and indefeasible right to alter, reform, or abolish their form of government, in such manner as they may think expedient. Section 3. No person within this State shall, upon any pretence be deprived of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience; nor be compelled to attend any place of worship; nor shall any one ever be obliged to pay any tithes, taxes or other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry. Section 4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience. Section 5. No person shall be hurt, molested or restrained in his religious profession, sentiments or persuasions, provided he does not disturb others in their religious worship. Section 6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished or enlarged, on account of his religious principles. Section 7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship; and no religious test shall ever be required as a qualification to any office or public trust under this State. Section 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. Section 9. The people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures or searches; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. Section 10. In all criminal prosecutions, the accused has a right to be heard by himself and counsel; to demand the nature and cause of the accusation, and 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 offense shall have been committed: he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law. Section 11. No person shall be accused, arrested, or detained, except in cases ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished, but in virtue of a law, established and promulgated prior to the offense, and legally applied. Section 12. No person shall, for any indictable offense, be proceeded against criminally by information; except in cases arising in the land and naval forces, or the militia when in actual service, or by leave of the court, for oppression or misdemeanor in office. Section 13. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall any person's property be taken or applied to public use, unless just compensation be made therefor. Section 14. All courts shall be open, and every person, for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Section 15. No power of suspending laws shall be exercised, except by the general assembly, or its authority. Section 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Section 17. All persons shall, before conviction, be bailable by sufficient securities, except for capital offenses, 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 it. Section 18. The person of a debtor, where there is not strong presumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. Section 19. No ex post facto law, nor law impairing the obligations of contracts shall be made. Section 20. No person shall be attainted of treason or felony by the general assembly. No attainder shall work corruption of blood, nor forfeiture of estate. Section 21. The estates of suicides shall descend or vest as in cases of natural death; if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Section 22. The citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. Section 23. Every citizen has a right to bear arms in defense of himself and the State. Section 24. No standing army shall be kept up without the consent of the general assembly; and, in that case, no appropriation of money for its support shall be 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. Section 25. 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 to be prescribed by law. Section 26. No title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State; nor shall any office be created, the appointment of which shall be for a longer term than during good behavior. Section 27. Emigration from this State shall not be prohibited, nor shall any citizen be exiled. Section 28. The right of trial by jury shall remain inviolate. Section 29. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself, before any tribunal in this State, by him or herself, or counsel. Section 30. This enumeration of certain rights shall not be construed to deny or disparage others retained by the people: and to guard against any encroachments on the rights herein retained, or any transgression of any of the high powers herein delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void. ARTICLE II DISTRIBUTION OF POWERS Section 1. The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them 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. Section 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 III LEGISLATIVE DEPARTMENT Section 1. The legislative power of this State shall be vested in two distinct branches; the one to be styled the Senate, the other the House of Representatives, and both together "The General Assembly of the State of Alabama"; and the style of their laws shall be, "Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened." Section 2. The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of two years from the day of the commencement of the general election, and no longer. Section 3. The representatives shall be chosen every two years, on the first Monday in August, until otherwise directed by law. Section 4. No person shall be a representative, unless he be a white man, a citizen of the State of Alabama, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof, a resident of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years. Section 5. Every male white person of the age of twenty-one years, or upwards, who shall be a citizen of this State, and shall have resided therein one year next preceding an election, and the last three months within a county, city, or town, in which he offers to vote, shall be deemed a qualified elector, but no elector shall be entitled to vote except in the county, city, or town, (entitled to separate representation) in which he may reside at the time of the election. Section 6. Electors shall, in all cases, except in those of treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. Section 7. In all elections by the people, the electors shall vote by ballot, until the general assembly shall otherwise direct. Section 8. Elections for representatives for the several counties shall be held at the place of holding their respective courts, and at such other places as may be prescribed by law: Provided, That when it shall appear to the general assembly, that any city or town shall have a number of white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of white inhabitants therein; which shall be retained so long as such city or town shall contain a number of white inhabitants, equal to the ratio which may from time to time be fixed by law; and thereafter, and during the existence of the right of separate representation, in such city or town, elections for the county in which such city or town (entitled to such separate representation) is situated, shall not be held in such city or town: but it is understood, and hereby declared, that no city or town shall be entitled to separate representation , unless the number of white inhabitants in the county in which such city or town is situated, residing out of the limits of such city or town, be equal to the existing ratio or unless the residuum or fraction of such city or town shall, when added to the white inhabitants of the county, residing out of the limits of said city or town, be equal to the ratio fixed by law for one representative; and, provided, that, if the residuum or fraction of any city or town, entitled to separate representation, shall, when added to the residuum of the county in which it may lie, be equal to the ratio fixed by law for one representative, then the aforesaid county, city or town, having the largest residuum, shall be entitled to such representation: and, provided, also, that where there are two or more counties adjoining, which have residuums or fractions over and above the ratio then fixed by law, if said residuums or fractions, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. Section 9. The General Assembly shall cause an enumeration to made in the year eighteen hundred and fifty, and eighteen hundred and fifty-five, and every ten years thereafter, of all the white inhabitants of this State; and the whole number of representatives shall, at the first regular session after such enumeration, be apportioned among the several counties, cities, or towns, entitled to separate representation, according to their respective number of white inhabitants, and the said apportionment, when made, shall not be subject to alteration until after the next census shall be taken. Section 10. The general assembly shall, at the first session after making every such enumeration, fix by law the whole number of senators, and shall divide the State into the same number of districts, as nearly equal in the number of white inhabitants as may be, each of which districts shall be entitled to one senator, and no more: Provided , that the whole number of senators shall never be less than one-fourth, nor never more than one-third, of the whole number of representatives. Section 11. When a 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. Section 12. Senators shall be chosen by the qualified electors, for the term of four years, at the same time, and in the same manner, and at the places where they may vote for members of the House of Representatives; and no person shall be a senator, unless he be a white man, a citizen of the State, and an inhabitant thereof two years next preceding his election, and the last year thereof, a resident of the district for which he shall be chosen; and shall have attained to the age of twenty-seven years. Section 13. Senators shall be chosen for the term of four years; yet, at the general election after every new apportionment, elections shall be held anew in every senatorial district; and the senators elected, when convened at the first session, shall be divided by lot into two classes, as nearly equal as may be: the seats of those 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, dating in both cases from the day of election, so that one half may be biennially chosen, except as above provided. Section 14. The House of Representatives, when assembled, shall choose a speaker, and its other officers; and the Senate shall choose a President and its other officers, biennially: 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. Section 15. A majority of each house 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. Section 16. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, 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. Section 17. Each house, during the session, may punish by imprisonment, any person, not a member, for disrepectful or disorderly behavior in its presence, or for obstructing any of its proceedings: Provided , that such imprisonment shall not at any one time, exceed forty-eight hours. Section 18. 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, 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. Section 19. Senators and Representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; allowing one day for every twenty miles such member may reside from the place at which the General Assembly is convened; nor shall any member be liable to answer for any thing spoken in debate in either house, in any court or place elsewhere. Section 20. When vacancies happen in either house, the Governor, or the person exercising the powers of the Governor, shall issue writs of election to fill vacancies. Section 21. The doors of each house shall be open, except on such occasions, as in the opinion of the house, may require secrecy. Section 22. 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. Section 23. Bills may originate in either house, and be amended, altered, or rejected, by the other; but no bill shall have the force of a 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 depending, may deem it expedient to dispense with this rule: and every bill, having passed both houses, shall be signed by the Speaker and President of their respective houses: 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. Section 24. Each member of the General Assembly shall receive from the public treasury, such compensation for his services, as may be fixed by law; but no increase of compensation shall take effect during the session at which such increase shall have been made. Section 25. 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; except such offices as may be filled by elections by the people. Section 26. No person holding any lucrative office under this State, or any other power, the office of Postmaster, offices in the militia to which there is attached no annual salary, justices of the peace, commissioners of the Court of County Commissioners, notary public, and commissioner of deeds excepted, shall be eligible to the General Assembly of this State. Section 27. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable. Section 28. The General Assembly shall meet annually, on such day as may be provided by law, and may continue in session not more than thirty days. The next session of the General Assembly shall commence on the second Monday in November, eighteen hundred and sixty-one. Section 29. No special law shall be enacted for the benefit of individuals or private corporations, in cases which are provided for by a general law, or where the relief sought, can be given by any court of this State. Section 30. Private property shall not be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner; but the right of way may be secured by law, to persons and corporations, over the lands of persons and corporations; also, the right to establish depots, stations and turn-outs to works of public improvement: Provided , just compensation is made to the owner of such land. Section 31. No power to levy taxes shall be delegated to individuals or private corporations. Section 32. Taxes shall not be levied for the benefit of individuals or corporations, other than municipal corporations, without the consent of the tax-payer; but this section shall not be so construed as to effect the power of the General Assembly to perfect or secure any right or privilege arising under any existing law of this State; and no right or privilege arising under any existing law of this State, shall be affected by this section. Section 33. The General Assembly shall not borrow or raise money on the credit of the State, except for purposes of military defense against actual or threatened invasion, rebellion, or insurrection, unless two-thirds of the members elected to each house, shall concur; nor shall the debts or liabilities of any corporation, person or persons, or other State be guaranteed; or any money, credit or thing loaned, or given away, unless by a like concurrence of each house, voting, in cases provided for in this section, by ayes and nays to be placed upon the journals. ARTICLE IV EXECUTIVE DEPARTMENT Section 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama. Section 2. The Governor shall be elected by the qualified electors, at the time and places when they shall respectively vote for Representatives. Section 3. The returns of every election for Governor, shall be sealed up, and transmitted to the seat of government, directed to the speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law. Section 4. The Governor shall hold his office for the term of two years, from the time of his installation, and until his successor shall be qualified; but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a citizen of the State of Alabama, and native of one of the States of the Territories, lately styled the United States of America. Section 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. Section 6. He shall be commander-in-chief of the army and navy of this State, except when acting with any other power, in which case, the General Assembly shall fix his rank. Section 7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective offices. Section 8. He may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy , or from contagious disorders; in case of disagreement between the two houses, with respect to the time of adjournment, he may adhourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the General Assembly. Section 9. He shall, from time to time, give to the General Assembly, information of the state of the government, and recommend to their consideration such measures as he may deem expedient. Section 10. He shall take care that the laws be faithfully executed. Section 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by, and with the advice and consent of the Senate, to grant reprieves and pardons; and he may in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly. Section 12. There shall be a Seal of this State, which shall be kept by the Governor, and used by him officially. Section 13. All commissions shall be in the name, and by the authority of the State of Alabama, be sealed with the State Seal, signed by the Governor, and attested by the Secretary of State. Section 14. There shall be a Secretary of State, appointed by a joint vote of both houses of the General Assembly, who shall continue in office during the term of two years. He shall keep a fair register 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 may be required of him by law. Section 15. Vacancies that may happen in offices, the appointment of which is vested in the General Assembly, shall be filled by the Governor, during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next session. Section 16. Every bill which shall have passed both houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it, but if not, he shall return it with his objections, to the house in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; if after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that house, it shall become a law: but in such cases, the votes of both houses shall be determined by yeas and nays , and the names of the members voting for or against the bill shall be entered on the journals of each house respectively: if any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law. Section 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and, before it shall take effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill. Section 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time, pointed out by this Constitution for the election of Governor, shall arrive, unless the General Assembly shall provide by law for the election of a Governor to fill such vacancy, or until the Governor absent or impeached, shall return or be acquitted. Section 19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives, shall, in like manner, administer the government. If there is no President of the Senate, or no Speaker of the House of Representatives, the Secretary of State shall exercise all the duties and powers appertaining to the office of Governor, until the office of Governor is filled, as provided by this Constitution. Section 20. The President of the Senate and Speaker of the House of Representatives, and the Secretary of State, during the times they respectively administer the government, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office. Section 21. The Governor shall always reside during the session of the General Assembly, at the place where their session may be held, and at all other times, wherever, in their opinion, public good may require. Section 22. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any State, or any other power, at one and the same time. Section 23. A State Treasurer and a Comptroller of public accounts, shall be biennially elected by joint vote of both houses of the General Assembly. Section 24. 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 who shall not be eligible to serve either as principal or deputy, for the three succeeding years. Should a vacancy occur subsequent to an election, it shall be filled by the Governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years. MILITIA Section 1. The General Assembly shall provide by law for organizing and disciplining the militia of this State. Section 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. Section 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions. Section 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided , that the General Assembly shall not make any such elections or appointments, other than those of adjutants-general, and quarter-masters general. Section 5. The Governor shall appoint his aids-de-camp; majors general, their aids-de-camp, and all division and staff officers; brigadiers general shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimental staff officers. Section 6. The General Assembly shall fix, by law, the method of dividing the militia into divisions, brigades, regiments, battalions, and companies; and shall fix the rank of all staff officers. ARTICLE V JUDICIAL DEPARTMENT Section 1. The judicial power of this State shall be vested in one Supreme Court, Circuit Courts to be held in each county in the State, and such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may, from time to time, direct, ordain and establish. Section 2. The Supreme Court, except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only, which sha ll be co-extensive 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 the Supreme Court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus , and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdiction. Section 3. The Supreme Court shall be holden at the seat of government, but may adjourn to a different place, if that shall have become dangerous from an enemy or from disease. Section 4. The State shall be divided into convenient circuits, and each circuit shall contain not less than three, nor more than six counties; and for each circuit there shall be appointed a Judge, who shall, after his appointment, reside in the circuit for which he may be appointed. Section 5. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this Constitution; but in civil cases, only where the matter or sum in controversy exceeds fifty dollars. Section 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 Circuit Courts may hold courts for each other, when they may deem it expedient, and shall do so when directed by law. Section 7. The General Assembly shall have power to establish a Court or Courts of Chancery, with original and appellate jurisdiction; Provided, that the judges of the several circuit courts shall have power to issue writs of injunction, returnable into the Courts of Chancery. Section 8. The General Assembly shall have power to establish, in each county within this State, a Court of Probate, for the granting of letters testamentary, and of administration, and for orphans' business. Section 9. A competent number of Justices of the Peace shall be appointed in and for each county, in such mode and for such term of office as the General Assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars; and in all cases tried by a Justice of the Peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law. Section 10. Judges of the Supreme and Circuit Courts, and Courts of Chancery, shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this State, or any other power. Section 11. Chancellors and Judges of the Supreme Court shall be elected by joint vote of both houses of the General Assembly; but at and after the session of the General Assembly, to be held in the winter of the year eighteen hundred and forty-nine-fifty, the General Assembly shall provide by law for the election of judges of the circuit Courts, by the qualified electors of their circuits respectively, and for the election of Judges of the Courts of Probate, and other inferior courts, (not including Chancellors) by the qualified electors of the counties, cities, or districts, for which such courts may be respectively established; the first Monday in November in any year shall be the day for any election of such judges by the people, or such other day not to be within a less period than two months of the general election for Governor, members of the General Assembly, or members of Congress, as the General Assembly may by law prescribe; but no change to be made in any circuit, or district, or in the mode or time of electing, shall affect the right of any Judge to hold office during the term prescribed by the Constitution, except at the first election thereof, to be made by the people, after the ratification of these amendments or either of them, which elections shall then, all be had on the same day throughout the State, and the terms of the Judges then to be elected, shall commence on that day; vacancies in the office of Judge, shall be filled by the Governor, and the persons appointed thereto by him, shall hold until the next first Monday in November, or other election day of Judges, and until the election and qualification of their successors respectively; and the General Assembly have power to annex to the offices of any of the Judges of the inferior courts the duties of clerks of such courts respectively. Section 12. The Judges of the several courts of this State, shall hold their offices for the term of six years; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two-thirds of each house of the General Assembly; Provided , however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house; And provided, further, That the cause or causes shall be notified to the Judge so intended to be removed, and he shall be admitted to a hearing in his own defense, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays , and entered on the journal of each house, respectively; And provided, also, That the Judges now in office may hold their offices until the session of the General Assembly, which shall be held in the year one thousand eight hundred and thirty-three, and until their successors shall be elected and qualified, unless removed by address or impeachment. Section 13. No person who shall have arrived at the age of seventy years shall be appointed to, or continue in, the office of Judge in this State. Section 14. Clerks of the Circuit and Inferior Courts in this State, shall be elected by the qualified electors in each county, for the term of four years, and may be removed from office for such causes and in such manner as may be prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the Judge or Judges of the court in which such vacancy exists; and the person so appointed shall hold his office until the next general election; Provided , however, that after the year one thousand eight hundred and twenty-six, the General Assembly may prescribe a different mode of appointment, but shall not make such appointment. Section 15. 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 in their respective districts, and Judges of the inferior courts in their respective counties. Section 16. The style of all process 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." Section 17. There shall be an Attorney General from the State, and as many solicitors as the General Assembly may deem necessary, to be elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office. IMPEACHMENTS Section 1. The House of Representatives shall have the sole power of impeaching. Section 2. All impeachments shall be tried by the Senate; when sitting for that purpose, the Senators shall be on oath or afffirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Section 3. The Governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and to disqualification to hold any office of honor, trust or profit under the State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment, according to law. ARTICLE VI GENERAL PROVISIONS Section 1. The members of the General Assembly, and all officers, executive and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit: "I do solemnly swear [or affirm, as the case may be] that I will support the Constitution of the State of Alabama so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of_______________ according to law, so help me God!" Section 2. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. Section 3. The General Assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disqualification from office, or the tenure thereof, as they may deem expedient. Section 4. Every person shall be disqualified from holding any office or place of honor or profit, under the authority of the State, who shall be convicted of having given or offered any bribe to procure his election or appointment. Section 5. Laws shall be made to exclude from office, from suffrage, and from serving as jurors, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes, or misdemeanors. The privelege of free suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties, all undue influence thereon from power, bribery, tumult, or improper conduct. Section 6. In all elections by the General Assembly, the members thereof shall vote viva voce , and the votes shall be entered on the journals. Section 7. No money shall be drawn from the treasury, but in consequence of an appropriation made by law; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually. Section 8. All lands liable to taxation in this State, shall be taxed in proportion to their value. Section 9. The General Assembly shall direct, by law, in what manner, and in what courts, suits may be brought against the State. Section 10. 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 deduction. Section 11. Temporary absence from this State, shall not cause a forfeiture of a residence once obtained. Section 12. No member or delegate to any Congress of other States or powers, nor persons holding any office of profit or trust under any foreign power, shall hold or exercise any office of profit under this State: Provided , that this section does not apply to any deputy, delegate or commissioner elected by this convention. Section 13. Divorces from the bonds of Matrimony shall not be granted, but in cases provided for by law in chancery. But decrees for divorce shall be final, unless appealed from within three months from the date of the enrollment thereof. Section 14. In prosecutions for the publishing 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 in all indictments for libels, the jury shall have the right to determine the law and the facts under the direction of the courts. Section 15. Returns of all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State. Section 16. The General Assembly may, by a vote of two-thirds of both branches thereof, arrange and designate boundaries for the several counties of this State, which shall not be altered, except by a like vote of the General Assembly. But no new county shall be hereafter formed of less extent than nine hundred square miles, nor shall it contain, at the time, less than one hundredth part of the population of the State, and no existing county shall be hereafter reduced below such area or population by the formation of a new county. Section 17. 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 summary mode of adjustment. Section 18. It shall be the duty of the General Assembly, as soon as circumstances will permit, to form a penal code, founded on principles of reformation. Section 19. Within five days after the adoption of this Constitution, the body or our laws, civil and criminal, shall be revised, digested and arranged, under proper heads, and promulgated, in such manner as the General Assembly may direct: and a like revision, digest, and promulgation, shall be made within every subsequent period of ten years. Section 20. The General Assembly shall make provisions by law for obtaining correct knowledge of the several objects proper for improvement in relation to the navigable waters, and to the roads in this State, and for making a systematic and economical application of the means appropriated to those objects. Section 21. In the event of the annexation of any foreign territory to this State, laws may be passed, extending to the inhabitants of such territory, all the rights and privileges which may be required by the terms of such acquisition: anything in this constitution to the contrary notwithstanding. EDUCATION Schools, and the means of education, shall forever be encouraged in this State; and the General Assembly shall take measures to preserve, from unnecessary waste or damage, such lands as have been granted by the United States for the use of schools, within each township in this State, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. The General Assembly shall take like measures for the improvement of such lands as have been granted by the United States to this State, for the support of a seminary of learning, and the moneys which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose aforesaid, shall be and remain a fund for the exclusive support of a State University, for the promotion of the arts, literature and the sciences; and it shall be the duty of the General Assembly, as early as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such institution. BANKING Section 1. No bank shall be established, nor bank charter renewed under the authority of this State, without the concurrence of two-thirds of each house of the General Assembly. Section 2. Not more than one bank shall be established, nor bank charter renewed at any one session of the General Assembly, nor shall any bank be established, or bank charter renewed, but in conformity with the following rules. 1. The stockholders shall be liable respectively for the debts of the bank in proportion to their stock holden therein. 2. The remedy for collecting debts shall be reciprocal for and against the bank. 3. No bank shall commence operations until half of the capital stock subscribed for be actually paid in gold or silver, which amount shall, in no case, be less than one hundred thousand dollars. 4. Should any bank neglect or refuse to pay on demand any bill, note or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill, or obligation shall be entitled to receive and recover interest thereon until the same shall be paid, or specie payments are resumed by said bank, at the rate of twelve per cent. per annun from the date of such demand , unless the General Assembly shall sanction such suspension of specie payments by a vote ot two-thirds of each house of the General Assembly. 5. Whenever any bank suspends specie payments, the charter is thereby forfeited, unless such suspension is legalized, as is provided by the preceding rule at the then next ensuing session of the General Assembly after such suspension. SLAVERY Section 1. No slave in this State shall be emancipated by any act done to take effect in this State, or any other country. Section 2. The humane treatment of slaves shall be secured by law. Section 3. Laws may be enacted to prohibit the introduction into this State, of slaves who have committed high crimes in other States or territories, and to regulate or prevent the introduction of slaves into this State as merchandise. Section 4. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the General Assembly shall have no power to deprive them of an impartial trial by a petiti jury. Section 5. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offense had been committed on a free white person, and on the like proof, except in case of insurrection of such slave. EXPLANATORY PROVISIONS PART I. Relating To The Change From The Territorial To The State Form Of Government Section 1. That no inconvience may arise from a change of territorial to a permanent State government, it is declared that all rights, actions, prosecutions, claims, and contracts, as well of individuals, as of bodies corporate, shall continue as if no such change had taken place; and all process, which shall, before the third Monday in September next, be issued in the name of the Alabama territory, shall be as valid as if issued in the name of the State. Section 2. All fines, penalties, forfeitures, and escheats, accruing to the Alabama territory, shall accrue to the use of the State. Section 3. The validity of all bonds and recognizances, executed to the Governor of the Alabama territory, shall not be impaired by the change of government, by may be sued for and recovered in the name of the Governor of the State of Alabama, and his successors in office; and all criminal and penal actions, arising or now depending within the limits of this State, shall be prosecuted to judgment and execution in the name of said State, all causes of action arising to individuals, and all suits at law or in equityn now depending in the several courts, within the limits of this State, and not already barred by law, may be commenced in, or transferred to, such courts as may have jurisdiction thereof. Section 4. All officers, civil or military, now holding commissions under the authority of the United States, or of the Alabama territory, within this State, shall continue to hold and exercise their respective offices under the authority of this State, until they shall be superseded under the authority of this Constitution, and shall receive from the treasury of this State, the same compensation which they heretofore received, in proportion to the time they shall be so employed. The Governor shall have power to fill vacancies by commissions, to expire so soon as elections or appointments can be made to such offices, by authority of this Constitution. Section 5. All laws and parts of laws, now in force in the Alabama territory, which are not repugnant to the provisions of this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation, or shall be altered, or repealed, by the Legislature thereof. PART II Relating To The Secession Of The State Of Alabama From The Government Of The United States CHAPTER I. Section 1. Be it declared and ordained by the people of the State of Alabama in Convention assembled , That the State of Alabama now withdraws, and is hereby withdrawn from the Union known as "the United States of America", and henceforth ceases to be one of said United States, and is, and of right ought to be a Sovereign and Independent State . Section 2. Be it further declared and ordained by the people of the State of Alabama in Convention assembled , That all the powers over the territory of said State, and over the people thereof, heretofore delegated to the government of the United States of America, be, and they are hereby withdrawn from said government, and are hereby resumed and vested in the people of the State of Alabama. Section 3. Be it ordained by the people of Alabama in Convention Assembled, That the Constitution framed and adopted on the 11th day of March, 1861, by the Deputies from the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, in convention assembled, at Montgomery, Alabama, be, and the same is hereby Approved, Ratified and Adopted , as the Federal Constitution for the people of Alabama. CHAPTER II. Section 1. No law enacted by the authority of the State of Alabama, in force on the 11th day of January, A. D., 1861, and consistent with the Constitution of this State, and not inconsistent with the ordinances of this Convention, is affected by the ordinance known as the Ordinance of Secession, adopted on said day, and entitled "An Ordinance to dissolve the Union between the State of Alabama and other States, united under the compact styled the Constitution of the United States." Section 2. No office, civil or military, created by this State, or under the authority of its laws, in force on the eleventh day of January, A. D., 1861, and no officer lawfully exercising the powers or duties of such office, is affected by said Ordinance of Secession, except the offices of the members of the House of Representatives, and of the Senators of the Congress of the United States of America, and these are abrogated. Section 3. No offense against the laws of this State, committed before or since the adoption of said Ordinance of Secession, is affected by said ordinance, and no offender against said laws, is relieved or discharged from the consequences of such offense by said ordinance; and no amercement, fine, penalty, forfeiture, escheat, bond, or recognizance, accruing or enuring, in whole or in part, to the State of Alabama, whether in action or in judgment, is affected by said ordinance. Section 4. No bond issued by authority of the laws of this State, or bills or coin lawfully used as money in this State, and no bond, obligation, debt or duty, due or owing to this State, or enuring, in whole or in part, to this State, before or since the adoption of said ordinance, is affected thereby. Section 5. No process or proceeding of any Court of this State, is affected by said Ordinance of Secession. Section 6. No right, title, franchise, easement, license or privilege given, granted or conferred to, or upon any person or body corporate, under and by authority of the laws of this State, and no right of possession of property, action or prosecution, title, claim, contract, agreement, obligation, debt or duty, of any person or body corporate, is affected by said Ordinance of Secession, unless the same is inconsistent with said ordinance, or is affected by some other ordinance of this Convention. Section 7. No rights acquired, or vested in any body corporate under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any law of this State, and not incompatible with said Ordinance of Secession, is affected by said ordinance. PART III. Relating To The Changes In The Constitution Of Alabama Section 1. Be it ordained by the people of the State of Alabama in Convention assembled , That no change made in the Constitution of the State of Alabama, by this Convention, shall have the effect to divest any right, title, or legal trust existing at the time of making such change. But all such changes shall have a prospective and not a retrospective effect, unless otherwise declared in the change itself. Section 2. Be it ordained by the people of Alabama in Convention assembled , That, an ordinance adopted by the people of this State, in Convention, at Huntsville, on the second day of August, one thousand eight hundred and nineteen, disclaiming forever all right to the waste or unappropriated lands lying within this State, is hereby repealed; but the navigable waters of this State shall remain forever free to the citizens of this State, and of such States as may unite with the State of Alabama, in a Southern slaveholding Confederacy. But no right heretofore obtained, by any person or corporation, to erect a bridge, or bridges, across the navigable waters of this State, shall be affected by this ordinance; Provided , That the navigation of such rivers be not obstructed thereby. Mode Of Amending Or Revising The Constitution 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 Representatives, who have voted on such proposed amendments, and if, thereupon, it shall appear that a majority of all the citizens of this 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 parts 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; Provided further , That a Convention of the people of the State may be called by a vote of two-thirds of each branch of the General Assembly, under such rules and regulations as the Legislature may prescribe, to amend the Constitution or for any other purpose. Adopted by the people of Alabama by the unanimous vote of their delegates in Convention assembled, at the Capitol, in the city of Montgomery, on this the twentieth day of March, in the year of our Lord, one thousand eight hundred and sixty-one, and of the Confederate States of America the first year. WILLIAM M. BROOKS President of the Convention of the people of the State of Alabama Attest - A. G. HORN Secretary of the Convention ------------------------------------------------------------------------ IMPEACHMENTS Section 1. The House of Representatives shall have the sole power of impeaching. Section 2. All impeachments shall be tried by the Senate; when sitting for that purpose, the Senators shall be on oath or afffirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Source: https://avalon.law.yale.edu/19th_century/ala1861.asp

  • Peace Treaty between America & Afghanistan

    Agreement for Bringing Peace to Afghanistan between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and the United States of America February 29, 2020 which corresponds to Rajab 5, 1441 on the Hijri Lunar calendar and Hoot 10, 1398 on the Hijri Solar calendar A comprehensive peace agreement is made of four parts: 1. Guarantees and enforcement mechanisms that will prevent the use of the soil of Afghanistan by any group or individual against the security of the United States and its allies. 2. Guarantees, enforcement mechanisms, and announcement of a timeline for the withdrawal of all foreign forces from Afghanistan. 3. After the announcement of guarantees for a complete withdrawal of foreign forces and timeline in the presence of international witnesses, and guarantees and the announcement in the presence of international witnesses that Afghan soil will not be used against the security of the United States and its allies, the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will start intra-Afghan negotiations with Afghan sides on March 10, 2020, which corresponds to Rajab 15, 1441 on the Hijri Lunar calendar and Hoot 20, 1398 on the Hijri Solar calendar. 4. A permanent and comprehensive ceasefire will be an item on the agenda of the intra-Afghan dialogue and negotiations. The participants of intra-Afghan negotiations will discuss the date and modalities of a permanent and comprehensive ceasefire, including joint implementation mechanisms, which will be announced along with the completion and agreement over the future political roadmap of Afghanistan. The four parts above are interrelated and each will be implemented in accordance with its own agreed timeline and agreed terms. Agreement on the first two parts paves the way for the last two parts. Following is the text of the agreement for the implementation of parts one and two of the above. Both sides agree that these two parts are interconnected. The obligations of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban in this agreement apply in areas under their control until the formation of the new post-settlement Afghan Islamic government as determined by the intra-Afghan dialogue and negotiations. PART ONE The United States is committed to withdraw from Afghanistan all military forces of the United States, its allies, and Coalition partners, including all non-diplomatic civilian personnel, private security contractors, trainers, advisors, and supporting services personnel within fourteen (14) months following announcement of this agreement, and will take the following measures in this regard: A. The United States, its allies, and the Coalition will take the following measures in the first one hundred thirty-five (135) days: 1) They will reduce the number of U.S. forces in Afghanistan to eight thousand six hundred (8,600) and proportionally bring reduction in the number of its allies and Coalition forces. 2) The United States, its allies, and the Coalition will withdraw all their forces from five (5) military bases. B. With the commitment and action on the obligations of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban in Part Two of this agreement, the United States, its allies, and the Coalition will execute the following: 1) The United States, its allies, and the Coalition will complete withdrawal of all remaining forces from Afghanistan within the remaining nine and a half (9.5) months. 2) The United States, its allies, and the Coalition will withdraw all their forces from remaining bases. C. The United States is committed to start immediately to work with all relevant sides on a plan to expeditiously release combat and political prisoners as a confidence building measure with the coordination and approval of all relevant sides. Up to five thousand (5,000) prisoners of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and up to one thousand (1,000) prisoners of the other side will be released by March 10, 2020, the first day of intra-Afghan negotiations, which corresponds to Rajab 15, 1441 on the Hijri Lunar calendar and Hoot 20, 1398 on the Hijri Solar calendar. The relevant sides have the goal of releasing all the remaining prisoners over the course of the subsequent three months. The United States commits to completing this goal. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban commits that its released prisoners will be committed to the responsibilities mentioned in this agreement so that they will not pose a threat to the security of the United States and its allies. D. With the start of intra-Afghan negotiations, the United States will initiate an administrative review of current U.S. sanctions and the rewards list against members of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban with the goal of removing these sanctions by August 27, 2020, which corresponds to Muharram 8, 1442 on the Hijri Lunar calendar and Saunbola 6, 1399 on the Hijri Solar calendar. E. With the start of intra-Afghan negotiations, the United States will start diplomatic engagement with other members of the United Nations Security Council and Afghanistan to remove members of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban from the sanctions list with the aim of achieving this objective by May 29, 2020, which corresponds to Shawwal 6, 1441 on the Hijri Lunar calendar and Jawza 9, 1399 on the Hijri Solar calendar. F. The United States and its allies will refrain from the threat or the use of force against the territorial integrity or political independence of Afghanistan or intervening in its domestic affairs. PART TWO In conjunction with the announcement of this agreement, the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will take the following steps to prevent any group or individual, including al-Qa’ida, from using the soil of Afghanistan to threaten the security of the United States and its allies: 1. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will not allow any of its members, other individuals or groups, including al-Qa’ida, to use the soil of Afghanistan to threaten the security of the United States and its allies. 2. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will send a clear message that those who pose a threat to the security of the United States and its allies have no place in Afghanistan, and will instruct members of the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban not to cooperate with groups or individuals threatening the security of the United States and its allies. 3. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will prevent any group or individual in Afghanistan from threatening the security of the United States and its allies, and will prevent them from recruiting, training, and fundraising and will not host them in accordance with the commitments in this agreement. 4. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban is committed to deal with those seeking asylum or residence in Afghanistan according to international migration law and the commitments of this agreement, so that such persons do not pose a threat to the security of the United States and its allies. 5. The Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban will not provide visas, passports, travel permits, or other legal documents to those who pose a threat to the security of the United States and its allies to enter Afghanistan. PART THREE 1. The United States will request the recognition and endorsement of the United Nations Security Council for this agreement. 2. The United States and the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban seek positive relations with each other and expect that the relations between the United States and the new post-settlement Afghan Islamic government as determined by the intra-Afghan dialogue and negotiations will be positive. 3. The United States will seek economic cooperation for reconstruction with the new post-settlement Afghan Islamic government as determined by the intra-Afghan dialogue and negotiations, and will not intervene in its internal affairs. Signed in Doha, Qatar on February 29, 2020, which corresponds to Rajab 5, 1441 on the Hijri Lunar calendar and Hoot 10, 1398 on the Hijri Solar calendar, in duplicate, in Pashto, Dari, and English languages, each text being equally authentic. Source: https://www.state.gov/wp-content/uploads/2020/02/Agreement-For-Bringing-Peace-to-Afghanistan-02.29.20.pdf

  • Constitution of the Confederate States

    Preamble We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity invoking the favor and guidance of Almighty God do ordain and establish this Constitution for the Confederate States of America. Article I Section I. All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives. Sec. 2. (I) The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. (2) No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not when elected, be an inhabitant of that State in which he shall be chosen. (3) Representatives and direct taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. ,The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six. (4) When vacancies happen in the representation from any State the executive authority thereof shall issue writs of election to fill such vacancies. (5) The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof. Sec. 3. (I) The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote. (2) Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or other wise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. (3) No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, then elected, be an inhabitant of the State for which he shall be chosen. (4) The Vice President of the Confederate States shall be president of the Senate, but shall have no vote unless they be equally divided. (5) The Senate shall choose their other officers; and also a president pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate states. (6) The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. (7) Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law. Sec. 4. (I) The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, subject to the provisions of this Constitution; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators. (2) The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. Sec. 5. (I) Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. (2) Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member. (3) Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. (4) Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Sec. 6. (I) The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. 'o Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department. Sec. 7. (I) All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. (2) Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respective}y. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President. (3) Every order, resolution, or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him; or, being disapproved by him, shall be repassed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill. Sec. 8. The Congress shall have power- (I) To lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States. (2) To borrow money on the credit of the Confederate States. (3) To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation; in all which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof. (4) To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same. (5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (6) To provide for the punishment of counterfeiting the securities and current coin of the Confederate States. (7) To establish post offices and post routes; but the expenses of the Post Office Department, after the Ist day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues. (8) To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (9) To constitute tribunals inferior to the Supreme Court. (10) To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. (11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. (12) To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years. (13) To provide and maintain a navy. (14) To make rules for the government and regulation of the land and naval forces. (15) To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions. (16) To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. (17) To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the . erection of forts, magazines, arsenals, dockyards, and other needful buildings; and (18) To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Confederate States, or in any department or officer thereof. Sec. 9. (I) The importation of negroes of the African race from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. (2) Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy. (3) 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 it. (4) No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed. (5) No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. (6) No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses. (7) No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another. (8) No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. (9) Congress shall appropriate no money from the Treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish. (10) All bills appropriating money shall specify in Federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent, or servant, after such contract shall have been made or such service rendered. (11) No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. (12) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the Government for a redress of grievances. (13) A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. (14) 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 to be prescribed by law. (15) 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 warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. (16) No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor 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 for public use, without just compensation. (17) In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. (18) In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise reexamined in any court of the Confederacy, than according to the rules of common law. (19) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (20) Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. Sec. 10. (I) No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. (2) No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports, or exports, shall be for the use of the Treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress. (3) No State shall, without the consent of Congress, lay any duty on tonnage, except on seagoing vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue thus derived shall, after making such improvement, be paid into the common treasury. Nor shall any State keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States they may enter into compacts with each other to improve the navigation thereof. ARTICLE II Section I. (I) The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be reeligible. The President and Vice President shall be elected as follows: (2) Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative or person holding an office of trust or profit under the Confederate States shall be appointed an elector. (3) The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the Government of. the Confederate States, directed to the President of the Senate; the President of the Senate shall,in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the 4th day of March next following, then the Vice President shall act as President, as in case of the death, or other constitutional disability of the President. (4) The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. (5) But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the Confederate States. (6) The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States. (7) No person except a natural-born citizen of the Confederate; States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election. (8) In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the Vice President; and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President; and such officer shall act accordingly until the disability be removed or a President shall be elected. (9) The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them. (10) Before he enters on the execution of his office he shall take the following oath or affirmation: Sec. 2. (I) The President shall be Commander-in-Chief of the Army and Navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the Confederate States, except in cases of impeachment. (2) He shall have power, by and with the advice and consent of the Senate, to make treaties; provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the Confederate States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. (3) The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Departments may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity. inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. (4) The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be reappointed to the same office during their ensuing recess. Sec. 3. (I) The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States. Sec. 4. (I) The President, Vice President, and all civil officers of the Confederate States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III Section I. (I) The judicial power of the Confederate States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Sec. 2. (I) The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of another State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign states, citizens, or subjects; but no State shall be sued by a citizen or subject of any foreign state. (2) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. (3) The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Sec. 3. (I) Treason against the Confederate States shall consist only in levying war against.them, or in adhering to their 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. (2) The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV Section I. (I) Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Sec. 2. (I) The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired. (2) A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. (3) No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs,. or to whom such service or labor may be due. Sec. 3. (I) Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. (2) The Congress shall have power to dispose of and make allneedful rules and regulations concerning the property of the Confederate States, including the lands thereof. (3) The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several Sates; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected be Congress and by the Territorial government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them in any of the States or Territories of the Confederate States. (4) The Confederate States shall guarantee to every State that now is, or hereafter may become, a member of this Confederacy, a republican form of government; and shall protect each of them against invasion; and on application of the Legislature or of the Executive when the Legislature is not in session) against domestic violence. ARTICLE V Section I. (I) Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention, voting by States, and the same be ratified by the Legislatures of two- thirds of the several States, or by conventions in two-thirds thereof, as the one or the other mode of ratification may be proposed by the general convention, they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate. ARTICLE VI I. The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution, as under the Provisional Government. 3. This Constitution, and the laws of the Confederate States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. 4. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States. 5. The enumeration, in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people of the several States. 6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE VII I. The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. 2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for holding the election of President and Vice President; and for the meeting of the Electoral College; and for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government. Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, sitting in convention at the capitol, the city of Montgomery, Ala., on the eleventh day of March, in the year eighteen hundred and Sixty-one. HOWELL COBB, President of the Congress. South Carolina: R. Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Lawrence M. Keitt, T. J. Withers. Georgia: Francis S. Bartow, Martin J. Crawford, Benjamin H. Hill, Thos. R. R. Cobb. Florida: Jackson Morton, J. Patton Anderson, Jas. B. Owens. Alabama: Richard W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry. Mississippi: Alex. M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell. Louisiana: Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall. Texas: John Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree. Source: Richardson, James D. A Compilation of the Messages and Papers of the Confederacy Including the Diplomatic Correspondence 1861-1865 Nashville : United States Publishing Company, 1905

  • Territorial Government of Colorado

    February 28, 1861 [Thirty-Sixth Congress, Second Session] An Act to provide a temporary government for the Territory of Colorado Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, viz.: Commencing on the thirty-seventh parallel of north latitude, where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north on said meridian to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian to the northern line of New Mexico; thence along the thirty-seventh parallel of north latitude to the place of beginning, be and the same is hereby erected into a temporary government by the name of the Territory of Colorado: Provided, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Territory of Colorado until said tribe shall signify their assent to the President of the United States to be included within the said Territory, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the Government to make if this act had never passed: Provided further, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State. Sec. 2. And be it further enacted, That the executive power and authority in and over said Territory of Colorado shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. Sec. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor, in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress. And in case of the death, removal, or resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. Sec. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which may be increased to twenty-six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be; and the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken; and the first election shall be held at such time and places and be conducted in such manner as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer. Sec. 5. And be it further enacted, That every free white male citizen of the United States above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, including those recognized as citizens by the treaty with the Republic of Mexico, concluded February two, eighteen hundred and forty-eight, and the treaty negotiated with the same country on the thirtieth day of December, eighteen hundred and fifty-three, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the legislative assembly. Sec. 6. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of the act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. Sec. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall lay off the necessary districts for members of the council and house of representatives, and all other officers. Sec. 8. And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory. Sec. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief-justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually; and they shall hold their offices during the period of four years. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of the justices of the peace, shall be as limited by law: Provided, That justices of the peace and probate courts shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common-law jurisdiction; and authority for redress of all wrongs committed against the Constitution or laws of the United States, or of the Territory, affecting persons or property. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the Constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws, and writs of error and appeals in all such cases shall be made to the supreme court of said Territory the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Oregon Territory received for similar services. Sec. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unles sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the late Territory of Oregon. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the late Territory of Oregon, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. Sec. 11. And be it further enacted, That the governor, secretary, chief-justice, and associate justices, attorney, and marshal, shall be nominated and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge or some justice of the peace in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief-justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among the executive proceedings; and the chief-justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterward the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs; the chief-justice and associate justices shall each receive an annual salary of eighteen hundred dollars; the secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter-yearly at the Treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the Territory. There shall also be appropriated annually a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended. Sec. 12. And be it further enacted, That the legislative assembly of the Territory of Colorado shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly. Sec. 13. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives. The first election shall be held at such time and places and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. Sec. 14. And be it further enacted, That when the land in the said Territory shall be surveyed, under the direction of [the] Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be and the same are hereby reserved for the purpose of being applied to schools in the States hereafter to be erected out of the same. Sec. 15. And be it further enacted, That temporarily, and until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the legislative assembly at their first or any subsequent session may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Sec. 16. And be it further enacted, That the Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within the said Territory of Colorado as elsewhere within the United States. Sec. 17. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, shall be and he is hereby authorized to appoint a surveyor-general for Colorado, who shall locate his office at such place as the Secretary of the Interior shall from time to time direct, and whose duties, powers, obligations, responsibilities, compensation, and allowances for clerk-hire, office-rent, fuel, and incidental expenses shall be the same as those of the surveyor-general of New Mexico, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it advisable to give him. Approved, February 28, 1861. 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_526

  • Texas's Secession Declaration

    Declaration of the Causes which impel the State of Texas to recede from the Federal Union—also the Ordinance of Secession. DECLARATION. The Government of the United States, by certain Joint Resolutions, bearing date on the first day of March in the year A. D., 1845, proposed to the Republic of Texas, then a free sovereign and independent nation , the annexation of the latter to the former, as one of the co-equal States thereof. The people of Texas, by the Deputies in Convention assembled, on the fourth day of July of the same year, assented to and accepted said proposals, and formed a constitution for the proposed State, upon which, on the twenty-ninth day of December, of the same year, said State was formally received into the confederated Union. Texas abandoned her separate national existence and consented to become one of the confederated States, to promote her welfare, insure domestic tranquility and secure more substantially the blessing of liberty and peace to her people. She was received into the confederacy, with her own constitution, under the guarantees of the Federal Constitution and the compact of annexation that she should enjoy these blessings. She was received as a commonwealth holding, maintaining and protecting the institution known as negro slavery—the servitude of the African to the white race within her limits a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should continue to exist in all future time. Her institutions and geographical position established the strongest ties between her and the other slaveholding States of the Confederacy. Those ties have been strengthened by the association. But what has been the course of the government of the United States, and of the people and authorities of the non-slaveholding States, since our connection with them? The controlling majority of the Federal Government, under various pretences and disguises, has so administered the same as to exclude the citizens of the Southern States, unless under odious and unconstitutional restrictions, from all the immense territory owned in common by all the States, on the Pacific ocean, for the avowed purpose of acquiring sufficient power in the common government, to use it as a means of destroying the institutions of Texas and her sister slaveholding States. By the disloyalty of the Northern States and their citizens, and the imbecility of the Federal Government, infamous combinations of incendiaries and outlaws have been permitted in those States and the common territory of Kansas, to trample upon the Federal laws, to war upon the lives and property of Southern citizens in that territory, and finally, by violence and mob laws, to usurp the possession of the same, as exclusively the property of the Northern States. The Federal Government, while but partially under the control of these our unnatural and sectional enemies, has for years, almost entirely failed to protect the lives and property of the people of Texas against the Indian savages on our borders; and, more recently against the murderous forays of banditti from the neighboring territory of Mexico; and when our State Government has expended large amounts for such purposes, the Federal Government has refused re-imbursement therefor—thus rendering our condition more insecure and harassing than it was during the existence of the Republic of Texas. These and other wrongs we have patiently borne, in the vain hope that a returning sense of justice and humanity would induce a different course of administration. When we advert to the course of individual non-slaveholding States and that a majority of their citizens, our grievances assume far greater magnitude. The States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, Pennsylvania, Ohio, Wisconsin, Michigan and Iowa, by solemn Legislative enactments, have deliberately, directly, violated the third clause of the second section of the fourth article of the Federal Constitution, and laws passed in pursuance thereof; annulling a material provision of the compact, designed by its framers to perpetuate amity between the members of the confederacy, and to secure the rights of the slaveholding States in their domestic institutions—a provision founded in justice and wisdom, and without the enforcement of which the compact fails to accomplish the object of its creation. Some of those States have high fines and degrading penalties upon any of their citizens or officers who may carry out in good faith that provision of the compact, or the federal laws enacted in accordance therewith. In all of the non-slaveholding States, in violation of that good faith and comity which should exist even between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon the unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery—proclaiming the debasing doctrine of the equality of all men, irrespective of race or color—a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of the divine law. They demand the abolition of negro slavery throughout the confederacy—the recognition of political equality between the white and negro races—and avow their determination to press on their crusade against us, so long as a negro slave remains in these States. For years past this abolition organization has been actively sowing the seeds of discord through the Union, and has rendered the Federal Congress the arena for spreading firebrands and hatred between the slaveholding and non-slaveholding States. By consolidating their strength, they have placed the slaveholding States in a hopeless minority in the Federal Congress and rendered representation of no avail in protecting Southern rights against their exactions and encroachments. They have proclaimed, and at the ballot box sustained, the revolutionary doctrine that there is a “higher law” than the Constitution and laws of our Federal Union, and virtually that they will disregard their oaths and trample upon our rights. They have, for years past, encouraged and sustained lawless organizations to steal our slaves and prevent their re-capture, and have repeatedly murdered Southern citizens while lawfully seeking their rendition. They have invaded Southern soil and murdered unoffending citizens, and through the press, their leading men and a fanatical pulpit, have bestowed praise upon the actors and assassins in these crimes—while the Governors of several of their States have refused to deliver parties implicated and indicted for participation in such offences, upon the legal demands of the States aggrieved. They have, through the mails and hired emissaries, sent seditious pamphlets and papers amongst us to stir up servile insurrection and bring blood and carnage to our firesides. They have sent hired emissaries among us to burn our towns and distribute arms and poison to our slaves for the same purpose. They have impoverished the slaveholding States by unequal and partial legislation, thereby enriching themselves by draining from us our substance. They have refused to vote appropriations for protecting Texas against ruthless savages, for the sole reason that she is a slaveholding State. And, finally, by the combined sectional vote of the seventeen free or non-slaveholding States, they have elected as President and Vice President of the whole Confederacy, two men whose chief claim to such high positions, is their approval of these long continued wrongs, and their pledges to continue them to the final consummation of these schemes for the ruin of the slaveholding States. In view of these and many other facts, it is meet that our own views should be distinctly proclaimed. We hold, as undeniable truths, that the governments of the various States and of the Confederacy itself, were established exclusively by the white race, for themselves and their posterity; that the African race had no agency in their establishment; that they were rightfully held and regarded as an inferior and dependant race, and in that condition only could their existence in this country be rendered beneficial or tolerable: That, in this free government, all white men are, and of right ought to be, entitled to equal civil and political rights; that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorised and justified by the experience of mankind, and the revealed will of the Almighty Creator, as recognized by all Christian nations; while the destruction of the existing relations between the two races, as advocated by our sectional enemies, would bring inevitable calamities upon both, and desolation upon the fifteen slaveholding States. By the secession of six of the slaveholding States, and the certainty that others will speedily do likewise, Texas has no alternative but to remain in isolated connection with the North, or unite her destinies with the South. For these and other reasons—solemnly asserting that the Federal Constitution has been violated and virtually abrogated by the several States named; seeing that the Federal Government is now passing under the control of our sectional enemies, to be dirverted from the exalted objects of its creation, to those of oppression and wrong; and realising that our State can no longer look for protection but to God and her sons: —We, the Delegates of the people of Texas, in Convention assembled, have passed An Ordinance dissolving all political connection with the Government of the United States of America, and the people thereof—and confidently appeal to the intelligence and patriotism of the freemen of Texas to ratify the same at the ballot-box, on the 23rd day of the present month. Adopted in Convention, on the second day of February in the year of our Lord one thousand eight hundred and sixty-one, and of the independence of Texas the twenty-fifth. An Ordinance To dissolve the Union between the State of Texas and the other States, united under the Compact styled the Constitution of the United States of America. Sec . 1st, Whereas the Federal Government has failed to accomplish the purposes of the compact of Union between these States, in giving protection either to the persons of our people upon an exposed frontier, or to the property of our citizens; and whereas the action of the Northern States of the Union is violative of the compact between the States and the guarantees of the Constitution, and whereas the recent developments in Federal affairs, make it evident, that the power of the Federal Government is sought to be made a weapon, with which to strike down the interests and prosperity of the people of Texas and her sister slaveholding States; instead of permitting it to be, as was intended, our shield against outrage and aggression; therefore: We the people of the State of Texas, in convention, do declare and ordain, that the ordinance adopted by our Convention of delegates on the 4th day of July A. D. 1845, and afterwards ratified by us, under which the Republic of Texas, was admitted into Union with other States and became a party to the compact styled “the Constitution of the United States of America” be, and is hereby repealed and annulled; that all the powers, which by the said compact, were delegated by Texas to the Federal Government are revoked and resumed; that Texas is of right absolved from all restraints and obligations incurred by said compact, and is a separate sovereign State, and that her citizens and people are absolved from all allegiance to the United States or the Government thereof: Sec . 2d, This ordinance shall be submitted to the people of Texas, for their ratification or rejection by the qualified voters on the 23d day of February 1861, and unless rejected by a majority of the votes cast, shall take effect and be in force on and after the 2d day of March, A. D. 1861. Provided that in the Representative District of El Paso, said election may be held on the 18th day of February, 1861. Done by the people of the State of Texas, in Convention assembled at Austin, this first day of February, A. D. 1861. O. M. ROBERTS, President. EDWIN WALLER, L. A. ABERCROMBIE, JAMES R. ARMSTRONG, W. A. ALLEN, JAMES M. ANDERSON, T. S. ANDERSON, RICHARD L. ASKEW, W. S. J. ADAMS, WM. C. BATTE, S. W. BEASLEY, JOHN BOX, H. NEWTON BURDITT, JAMES M. BURROUGHS, JOHN I. BURTON, S. E. BLACK, W. T. BLYTHE, AMZI BRADSHAW, R. WEAKLEY BRAHAN, A. S. BROADDUS, JNO. HENRY BROWN, ROBERT C. CAMPBELL, LEWIS F. CASEY, WM. CHAMBERS, T. J. CHAMBERS, J. GREEN CHAMBERS, N. B. CHARLTON, GEO. W. CHILTON, ISHAM CHISUM, WM. CLARK, Jr., J. A. CLAYTON CHAS. L. CLEVELAND, A. G. CLOPTON, RICHARD COKE, JAMES E. COOK, JOHN W. DANCY, THO'S G. DAVENPORT, J. J. DIAMOND, A. H. DAVIDSON, C. DEEN, THOS. J. DEVINE, WM. W. DIAMOND, JNO. DONELSON, JOSEPH H. DUNHAM, EDWARD DOUGHERTY, H. H. EDWARDS, ELBERT EARLY, JOHN N. FALL, DRURY FIELD, JOHN H. FEENEY, GEORGE FLOURNOY, SPENCER FORD, JOHN S. FORD, THOMAS C. FROST, AMOS P. GALLOWAY, CHARLES GANAHL, ROBERT S. GOULD, ROBERT GRAHAM, MALCOM D. GRAHAM, PETER W. GRAY, JOHN A. GREEN, JOHN GREGG, WM. P. HARDEMAN, JOHN R. HAYES, P. T. HERBERT, A. O. W. HICKS, THOS. B. J. HILL, ALFRED M. HOBBY, JOS. L. HOGG, J. J. HOLT, JAMES HOOKER, EDWARD R. HORD, RUSSELL HOWARD, A. CLARK HOYL, THOS. P. HUGHES, J. W. HUTCHESON, JNO. IRELAND, THOMAS J. JENNINGS, F. JONES, W. C. KELLY, T. KOESTER, C. M. LESUER, F. W. LATHAM, PRYOR LEA, JAMES S. LESTER, JOHN LITTLETON, M. F. LOCKE, OLIVER LOFTIN, THOS. S. LUBBOCK, P. N. LUCKETT, HENRY A. MALTBY, JESSE MARSHALL, JAMES M. MAXCY, LEWIS W. MOORE, WM. McCRAVEN, WM. McINTOSH, GILCHRIST McKAY, THOS. M. McCRAW, WM. GOODLOE MILLER, ALBERT N. MILLS, THOS. MOORE, THOS. C. MOORE, CHALES de MONTEL, B. F. MOSS, JOHN MULLER, THOS. J. NASH, A. NAUENDORF, T. C. NEEL, ALISON NELSON, JAMES F. NEWSOM, W. M. NAYLAND, E. B. NICHOLS, A. J. NICHOLSON, E. P. NICHOLSON, JAMES M. NORRIS, ALF. T. OBENCHAIN, W. B. OCHILTREE, W. S. OLDHAM, R. J. PALMER, W. M. PAYNE, W. K. PAYNE, WM. M. PECK, W. R. POAG, ALEXANDER POPE, DAVID Y. PORTIS, D. M. PENDERGAST, WALTER F. PRESTON, F. P. PRICE, A. T. RAINEY, JOHN H. REAGAN, RECTOR, P. G. RHOME, R. S. C. ROBERTSON, WILLIAM P. ROGERS, JAMES H. ROGERS, EDWARD M. BOSS, JOHN RUGELEY, H. R. RUNNELS, J. C. ROBERTSON, J. B. ROBERTSON, E. B. SCARBOROUGH, WM. T. SCOTT, WM. READ SCURRY, JAMES E. SHEPARD, SAM. S. SMITH, JOHN D. STELL, JOHN G. STEWART, CHARLES STEWART, F. S. STOCKDALE, WM. H. STEWART, GIDEON SMITH, PLEASANT TAYLOR, B. F. TERRY, NATHANIEL TERRY, E. THOMASON, JAMES G. THOMPSON, W. S. TODD, JAMES WALWORTH, R. H. WARD, WM. WARREN, JAMES C. WATKINS, JOHN A. WHARTON, JOSEPH P. WEIR, JNO. A. WILCOX, A. P. WILEY, BEN WILLIAMS, JASON WILSON, PHILIP A. WORK, J. A. CHAMBERS, ELI H. BAXTER, Jr., JA'S W. HENDERSON, JOHN R. HENRY, NOAH COX, CHA'S A. RUSSELL, D. M. STAPP, (Mar. 2, '61.) GEO. H. BAGBY, W. HUNT, TIGNAL W. JONES, W. A. MATTOX, T. J. WORD, W. A. MONTGOMERY, J. L. L. McCALL, M. J. HALL, WM. NASH. O. M. ROBERTS, President of the Convention. R. T. Brownrigg, Secretary. Ass't Secs. Wm. Dunn Schoolfield, R. W. Lundy, Source: https://www.loc.gov/resource/rbpe.34604300/?st=text

  • Admission of Kansas

    ACT FOR THE ADMISSION OF KANSAS January 29, 1861 [THIRTY-SIXTH CONGRESS, SECOND SESSION] AN ACT FOR THE ADMISSION OF KANSAS INTO THE UNION Whereas the people of the Territory of Kansas, by their representatives in Convention assembled, at Wyandott, in said Territory, on the Twenty-ninth day of July, one thousand eight hundred and fifty-nine, did form for themselves a constitution and State government, republican in form, which was ratified and adopted by the people at an election held for that purpose on Tuesday, the fourth day of October, one thousand eight hundred and fifty-nine, and the said Convention has, in their name and behalf, asked the Congress of the United States to admit the said Territory into the Union as a State, on an equal footing with the other States: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Kansas shall be, and is hereby declared to be, one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever. And the said State shall consist of all the territory included within the following boundaries, to wit: Beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning: Provided, That nothing contained in the said constitution respecting the boundary of said State shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with such Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be expected out of the boundaries, and constitute no part of the State of Kansas, until said tribe shall signify their assent to the President of the United States to be included within said State, or to affect the authority of the Government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to make if this act had never passed. Sec. 2. And be it further enacted, That until the next general apportionment of Representatives the State of Kansas shall be entitled to one Representative in the House of Representatives of the United States. Sec. 3. And be it further enacted, That nothing in this act shall be construed as an assent by Congress to all or to any of the propositions or claims contained in the ordinance of said constitution of the people of Kansas, or in the resolutions thereto attached; but the following propositions are hereby offered to the said people of Kansas for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of Kansas, to wit: First, That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said State for the use of schools. Second, That seventy-two sections of land shall be set apart and reserved for the use and support of a State University, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the Legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. Third, That ten entire sections of land, to be selected by the Governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the Legislature thereof. Fourth, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining or as contiguous as may be to each, shall be granted to said State for its use, the same to be selected by the Governor thereof within one year after the admission of said State, and when so selected to be used or disposed of on such terms, conditions, and regulations as the Legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth, That five per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, or for other purposes, as the Legislature shall direct: Provided, That the foregoing propositions hereinbefore offered are on the condition that the people of Kansas shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof. Sixth, And that the said State shall never tax the lands or the property of the United States in said State: Provided, however, That in case any of the lands herein granted to the State of Kansas have heretofore been confirmed to the Territory of Kansas for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act. Sec. 4. And be it further enacted, That from and after the admission of the State of Kansas, as hereinbefore provided, all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that State as in other States of the Union; and the said State is hereby constituted a judicial district of the United States, within which a district court, with the like powers and jurisdiction as the district court of the United States for the district of Minnesota, shall be established; the judge, attorney, and marshal of the United States for the said district of Kansas shall reside within the same, and shall be entitled to the same compensation as the judge, attorney, and marshal of the district of Minnesota; and in all cases of appeal or writ of error heretofore prosecuted, and now pending in the Supreme Court of the United States, upon any record from the supreme court of Kansas Territory, the mandate of execution or order of further proceedings shall be directed by the Supreme Court of the United States to the district court of the United States for the district of Kansas, or to the supreme court of the State of Kansas, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Kansas Territory, as to all such cases, with full power to hear and determine the same, and to award mesne or final process therein. Sec. 5. And be it further enacted, That the judge of the district court for the district of Kansas shall hold two regular terms of the said court annually, at the seat of government of the said State, to commence on the second Mondays of April and October in each year. Approved, January 29, 1861 Source: https://oll.libertyfund.org/title/thorpe-the-federal-and-state-constitutions-vol-ii-florida-kansas#lf1514-02_head_583

  • Georgia's Declaration of Secession

    The people of Georgia having dissolved their political connection with the Government of the United States of America, present to their confederates and the world the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery. They have endeavored to weaken our security, to disturb our domestic peace and tranquility, and persistently refused to comply with their express constitutional obligations to us in reference to that property, and by the use of their power in the Federal Government have striven to deprive us of an equal enjoyment of the common Territories of the Republic. This hostile policy of our confederates has been pursued with every circumstance of aggravation which could arouse the passions and excite the hatred of our people, and has placed the two sections of the Union for many years past in the condition of virtual civil war. Our people, still attached to the Union from habit and national traditions, and averse to change, hoped that time, reason, and argument would bring, if not redress, at least exemption from further insults, injuries, and dangers. Recent events have fully dissipated all such hopes and demonstrated the necessity of separation. Our Northern confederates, after a full and calm hearing of all the facts, after a fair warning of our purpose not to submit to the rule of the authors of all these wrongs and injuries, have by a large majority committed the Government of the United States into their hands. The people of Georgia, after an equally full and fair and deliberate hearing of the case, have declared with equal firmness that they shall not rule over them. A brief history of the rise, progress, and policy of anti-slavery and the political organization into whose hands the administration of the Federal Government has been committed will fully justify the pronounced verdict of the people of Georgia. The party of Lincoln, called the Republican party, under its present name and organization, is of recent origin. It is admitted to be an anti-slavery party. While it attracts to itself by its creed the scattered advocates of exploded political heresies, of condemned theories in political economy, the advocates of commercial restrictions, of protection, of special privileges, of waste and corruption in the administration of Government, anti-slavery is its mission and its purpose. By anti-slavery it is made a power in the state. The question of slavery was the great difficulty in the way of the formation of the Constitution. While the subordination and the political and social inequality of the African race was fully conceded by all, it was plainly apparent that slavery would soon disappear from what are now the non-slave-holding States of the original thirteen. The opposition to slavery was then, as now, general in those States and the Constitution was made with direct reference to that fact. But a distinct abolition party was not formed in the United States for more than half a century after the Government went into operation. The main reason was that the North, even if united, could not control both branches of the Legislature during any portion of that time. Therefore such an organization must have resulted either in utter failure or in the total overthrow of the Government. The material prosperity of the North was greatly dependent on the Federal Government; that of the the South not at all. In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural interests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury. The navigating interests begged for protection against foreign shipbuilders and against competition in the coasting trade. Congress granted both requests, and by prohibitory acts gave an absolute monopoly of this business to each of their interests, which they enjoy without diminution to this day. Not content with these great and unjust advantages, they have sought to throw the legitimate burden of their business as much as possible upon the public; they have succeeded in throwing the cost of light-houses, buoys, and the maintenance of their seamen upon the Treasury, and the Government now pays above $2,000,000 annually for the support of these objects. Theses interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction in postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency. The manufacturing interests entered into the same struggle early, and has clamored steadily for Government bounties and special favors. This interest was confined mainly to the Eastern and Middle non-slave-holding States. Wielding these great States it held great power and influence, and its demands were in full proportion to its power. The manufacturers and miners wisely based their demands upon special facts and reasons rather than upon general principles, and thereby mollified much of the opposition of the opposing interest. They pleaded in their favor the infancy of their business in this country, the scarcity of labor and capital, the hostile legislation of other countries toward them, the great necessity of their fabrics in the time of war, and the necessity of high duties to pay the debt incurred in our war for independence. These reasons prevailed, and they received for many years enormous bounties by the general acquiescence of the whole country. But when these reasons ceased they were no less clamorous for Government protection, but their clamors were less heeded-- the country had put the principle of protection upon trial and condemned it. After having enjoyed protection to the extent of from 15 to 200 per cent. upon their entire business for above thirty years, the act of 1846 was passed. It avoided sudden change, but the principle was settled, and free trade, low duties, and economy in public expenditures was the verdict of the American people. The South and the Northwestern States sustained this policy. There was but small hope of its reversal; upon the direct issue, none at all. All these classes saw this and felt it and cast about for new allies. The anti-slavery sentiment of the North offered the best chance for success. An anti-slavery party must necessarily look to the North alone for support, but a united North was now strong enough to control the Government in all of its departments, and a sectional party was therefore determined upon. Time and issues upon slavery were necessary to its completion and final triumph. The feeling of anti-slavery, which it was well known was very general among the people of the North, had been long dormant or passive; it needed only a question to arouse it into aggressive activity. This question was before us. We had acquired a large territory by successful war with Mexico; Congress had to govern it; how, in relation to slavery, was the question then demanding solution. This state of facts gave form and shape to the anti-slavery sentiment throughout the North and the conflict began. Northern anti-slavery men of all parties asserted the right to exclude slavery from the territory by Congressional legislation and demanded the prompt and efficient exercise of this power to that end. This insulting and unconstitutional demand was met with great moderation and firmness by the South. We had shed our blood and paid our money for its acquisition; we demanded a division of it on the line of the Missouri restriction or an equal participation in the whole of it. These propositions were refused, the agitation became general, and the public danger was great. The case of the South was impregnable. The price of the acquisition was the blood and treasure of both sections-- of all, and, therefore, it belonged to all upon the principles of equity and justice. The Constitution delegated no power to Congress to excluded either party from its free enjoyment; therefore our right was good under the Constitution. Our rights were further fortified by the practice of the Government from the beginning. Slavery was forbidden in the country northwest of the Ohio River by what is called the ordinance of 1787. That ordinance was adopted under the old confederation and by the assent of Virginia, who owned and ceded the country, and therefore this case must stand on its own special circumstances. The Government of the United States claimed territory by virtue of the treaty of 1783 with Great Britain, acquired territory by cession from Georgia and North Carolina, by treaty from France, and by treaty from Spain. These acquisitions largely exceeded the original limits of the Republic. In all of these acquisitions the policy of the Government was uniform. It opened them to the settlement of all the citizens of all the States of the Union. They emigrated thither with their property of every kind (including slaves). All were equally protected by public authority in their persons and property until the inhabitants became sufficiently numerous and otherwise capable of bearing the burdens and performing the duties of self-government, when they were admitted into the Union upon equal terms with the other States, with whatever republican constitution they might adopt for themselves. Under this equally just and beneficent policy law and order, stability and progress, peace and prosperity marked every step of the progress of these new communities until they entered as great and prosperous commonwealths into the sisterhood of American States. In 1820 the North endeavored to overturn this wise and successful policy and demanded that the State of Missouri should not be admitted into the Union unless she first prohibited slavery within her limits by her constitution. After a bitter and protracted struggle the North was defeated in her special object, but her policy and position led to the adoption of a section in the law for the admission of Missouri, prohibiting slavery in all that portion of the territory acquired from France lying North of 36 [degrees] 30 [minutes] north latitude and outside of Missouri. The venerable Madison at the time of its adoption declared it unconstitutional. Mr. Jefferson condemned the restriction and foresaw its consequences and predicted that it would result in the dissolution of the Union. His prediction is now history. The North demanded the application of the principle of prohibition of slavery to all of the territory acquired from Mexico and all other parts of the public domain then and in all future time. It was the announcement of her purpose to appropriate to herself all the public domain then owned and thereafter to be acquired by the United States. The claim itself was less arrogant and insulting than the reason with which she supported it. That reason was her fixed purpose to limit, restrain, and finally abolish slavery in the States where it exists. The South with great unanimity declared her purpose to resist the principle of prohibition to the last extremity. This particular question, in connection with a series of questions affecting the same subject, was finally disposed of by the defeat of prohibitory legislation. The Presidential election of 1852 resulted in the total overthrow of the advocates of restriction and their party friends. Immediately after this result the anti-slavery portion of the defeated party resolved to unite all the elements in the North opposed to slavery an to stake their future political fortunes upon their hostility to slavery everywhere. This is the party two whom the people of the North have committed the Government. They raised their standard in 1856 and were barely defeated. They entered the Presidential contest again in 1860 and succeeded. The prohibition of slavery in the Territories, hostility to it everywhere, the equality of the black and white races, disregard of all constitutional guarantees it its favor, were boldly proclaimed by its leaders and applauded by its followers. With these principles on their banners and these utterances on their lips the majority of the people of the North demand that we shall receive them as our rulers. The prohibition of slavery in the Territories is the cardinal principle of this organization. For forty years this question has been considered and debated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in 1860 decided it in their own favor. We refuse to submit to that judgment, and in vindication of our refusal we offer the Constitution of our country and point to the total absence of any express power to exclude us. We offer the practice of our Government for the first thirty years of its existence in complete refutation of the position that any such power is either necessary or proper to the execution of any other power in relation to the Territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third, who united with the unanimous voice of the South against this usurpation; and, finally, we offer the judgment of the Supreme Court of the United States, the highest judicial tribunal of our country, in our favor. This evidence ought to be conclusive that we have never surrendered this right. The conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it. The faithless conduct of our adversaries is not confined to such acts as might aggrandize themselves or their section of the Union. They are content if they can only injure us. The Constitution declares that persons charged with crimes in one State and fleeing to another shall be delivered up on the demand of the executive authority of the State from which they may flee, to be tried in the jurisdiction where the crime was committed. It would appear difficult to employ language freer from ambiguity, yet for above twenty years the non-slave-holding States generally have wholly refused to deliver up to us persons charged with crimes affecting slave property. Our confederates, with punic faith, shield and give sanctuary to all criminals who seek to deprive us of this property or who use it to destroy us. This clause of the Constitution has no other sanction than their good faith; that is withheld from us; we are remediless in the Union; out of it we are remitted to the laws of nations. A similar provision of the Constitution requires them to surrender fugitives from labor. This provision and the one last referred to were our main inducements for confederating with the Northern States. Without them it is historically true that we would have rejected the Constitution. In the fourth year of the Republic Congress passed a law to give full vigor and efficiency to this important provision. This act depended to a considerable degree upon the local magistrates in the several States for its efficiency. The non-slave-holding States generally repealed all laws intended to aid the execution of that act, and imposed penalties upon those citizens whose loyalty to the Constitution and their oaths might induce them to discharge their duty. Congress then passed the act of 1850, providing for the complete execution of this duty by Federal officers. This law, which their own bad faith rendered absolutely indispensible for the protection of constitutional rights, was instantly met with ferocious revilings and all conceivable modes of hostility. The Supreme Court unanimously, and their own local courts with equal unanimity (with the single and temporary exception of the supreme court of Wisconsin), sustained its constitutionality in all of its provisions. Yet it stands to-day a dead letter for all practicable purposes in every non-slave-holding State in the Union. We have their convenants, we have their oaths to keep and observe it, but the unfortunate claimant, even accompanied by a Federal officer with the mandate of the highest judicial authority in his hands, is everywhere met with fraud, with force, and with legislative enactments to elude, to resist, and defeat him. Claimants are murdered with impunity; officers of the law are beaten by frantic mobs instigated by inflammatory appeals from persons holding the highest public employment in these States, and supported by legislation in conflict with the clearest provisions of the Constitution, and even the ordinary principles of humanity. In several of our confederate States a citizen cannot travel the highway with his servant who may voluntarily accompany him, without being declared by law a felon and being subjected to infamous punishments. It is difficult to perceive how we could suffer more by the hostility than by the fraternity of such brethren. The public law of civilized nations requires every State to restrain its citizens or subjects from committing acts injurious to the peace and security of any other State and from attempting to excite insurrection, or to lessen the security, or to disturb the tranquillity of their neighbors, and our Constitution wisely gives Congress the power to punish all offenses against the laws of nations. These are sound and just principles which have received the approbation of just men in all countries and all centuries; but they are wholly disregarded by the people of the Northern States, and the Federal Government is impotent to maintain them. For twenty years past the abolitionists and their allies in the Northern States have been engaged in constant efforts to subvert our institutions and to excite insurrection and servile war among us. They have sent emissaries among us for the accomplishment of these purposes. Some of these efforts have received the public sanction of a majority of the leading men of the Republican party in the national councils, the same men who are now proposed as our rulers. These efforts have in one instance led to the actual invasion of one of the slave-holding States, and those of the murderers and incendiaries who escaped public justice by flight have found fraternal protection among our Northern confederates. These are the same men who say the Union shall be preserved. Such are the opinions and such are the practices of the Republican party, who have been called by their own votes to administer the Federal Government under the Constitution of the United States. We know their treachery; we know the shallow pretenses under which they daily disregard its plainest obligations. If we submit to them it will be our fault and not theirs. The people of Georgia have ever been willing to stand by this bargain, this contract; they have never sought to evade any of its obligations; they have never hitherto sought to establish any new government; they have struggled to maintain the ancient right of themselves and the human race through and by that Constitution. But they know the value of parchment rights in treacherous hands, and therefore they refuse to commit their own to the rulers whom the North offers us. Why? Because by their declared principles and policy they have outlawed $3,000,000,000 of our property in the common territories of the Union; put it under the ban of the Republic in the States where it exists and out of the protection of Federal law everywhere; because they give sanctuary to thieves and incendiaries who assail it to the whole extent of their power, in spite of their most solemn obligations and covenants; because their avowed purpose is to subvert our society and subject us not only to the loss of our property but the destruction of ourselves, our wives, and our children, and the desolation of our homes, our altars, and our firesides. To avoid these evils we resume the powers which our fathers delegated to the Government of the United States, and henceforth will seek new safeguards for our liberty, equality, security, and tranquillity. [Approved, Tuesday, January 29, 1861] Source: https://avalon.law.yale.edu/19th_century/csa_geosec.asp

  • Alabama Secession Declaration

    January 11, 1861 An Ordinance to dissolve the union between the State of Alabama and the other States united under the compact styled "The Constitution of the United States of America" Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of president and vice-president of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security, therefore: Be it declared and ordained by the people of the State of Alabama, in Convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn from the Union known as "the United States of America," and henceforth ceases to be one of said United States, and is, and of right ought to be a Sovereign and Independent State. Sec 2. Be it further declared and ordained by the people of the State of Alabama in Convention assembled, That all powers over the Territory of said State, and over the people thereof, heretofore delegated to the Government of the United States of America, be and they are hereby withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama. And as it is the desire and purpose of the people of Alabama to meet the slaveholding States of the South, who may approve such purpose, in order to frame a provisional as well as permanent Government upon the principles of the Constitution of the United States, Be it resolved by the people of Alabama in Convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky and Missouri, be and are hereby invited to meet the people of the State of Alabama, by their Delegates, in Convention, on the 4th day of February, A.D., 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security. And be it further resolved, That the President of this Convention, be and is hereby instructed to transmit forthwith a copy of the foregoing Preamble, Ordinance, and Resolutions to the Governors of the several States named in said resolutions. Done by the people of the State of Alabama, in Convention assembled, at Montgomery, on this, the eleventh day of January, A.D. 1861. Source: https://ehistory.osu.edu/exhibitions/Regimental/alabama/confederate/secession

  • Florida's Secession Declaration

    Florida Ordinance of Secession We, the People of the State of Florida in Convention assembled, do solemnly ordain, publish and declare: That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing Government of said States; and that all political connection between her and the Government of said States ought to be and the same is hereby totally annulled, and said union of States dissolved; and the State of Florida is hereby declared a Sovereign and Independent Nation; and that all ordinances heretofore adopted in so far as they create or recognize said Union are rescinded; and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union be and they are hereby repealed. Done in open Convention, January 10th, A.D. 1861 Source: https://www.museumoffloridahistory.com/exhibits/permanent-exhibits/florida-in-the-civil-war/florida-secedes-from-the-union/

  • Mississippi's Secession Declaration

    A Declaration of the Immediate Causes which Induce and Justify the Secession of the State of Mississippi from the Federal Union. In the momentous step which our State has taken of dissolving its connection with the government of which we so long formed a part, it is but just that we should declare the prominent reasons which have induced our course. Our position is thoroughly identified with the institution of slavery-- the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution, and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition, or a dissolution of the Union, whose principles had been subverted to work out our ruin. That we do not overstate the dangers to our institution, a reference to a few facts will sufficiently prove. The hostility to this institution commenced before the adoption of the Constitution, and was manifested in the well-known Ordinance of 1787, in regard to the Northwestern Territory. The feeling increased, until, in 1819-20, it deprived the South of more than half the vast territory acquired from France. The same hostility dismembered Texas and seized upon all the territory acquired from Mexico. It has grown until it denies the right of property in slaves, and refuses protection to that right on the high seas, in the Territories, and wherever the government of the United States had jurisdiction. It refuses the admission of new slave States into the Union, and seeks to extinguish it by confining it within its present limits, denying the power of expansion. It tramples the original equality of the South under foot. It has nullified the Fugitive Slave Law in almost every free State in the Union, and has utterly broken the compact which our fathers pledged their faith to maintain. It advocates negro equality, socially and politically, and promotes insurrection and incendiarism in our midst. It has enlisted its press, its pulpit and its schools against us, until the whole popular mind of the North is excited and inflamed with prejudice. It has made combinations and formed associations to carry out its schemes of emancipation in the States and wherever else slavery exists. It seeks not to elevate or to support the slave, but to destroy his present condition without providing a better. It has invaded a State, and invested with the honors of martyrdom the wretch whose purpose was to apply flames to our dwellings, and the weapons of destruction to our lives. It has broken every compact into which it has entered for our security. It has given indubitable evidence of its design to ruin our agriculture, to prostrate our industrial pursuits and to destroy our social system. It knows no relenting or hesitation in its purposes; it stops not in its march of aggression, and leaves us no room to hope for cessation or for pause. It has recently obtained control of the Government, by the prosecution of its unhallowed schemes, and destroyed the last expectation of living together in friendship and brotherhood. Utter subjugation awaits us in the Union, if we should consent longer to remain in it. It is not a matter of choice, but of necessity. We must either submit to degradation, and to the loss of property worth four billions of money, or we must secede from the Union framed by our fathers, to secure this as well as every other species of property. For far less cause than this, our fathers separated from the Crown of England. Our decision is made. We follow their footsteps. We embrace the alternative of separation; and for the reasons here stated, we resolve to maintain our rights with the full consciousness of the justice of our course, and the undoubting belief of our ability to maintain it. Source: https://www.battlefields.org/learn/primary-sources/declaration-causes-seceding-states#Mississippi

  • South Carolina's Secession Declaration

    Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right. Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue. And now the State of South Carolina, having resumed her separate and equal place among nations, deems it due to herself, to the remaining United States of America, and to the nations of the world, that she should declare the immediate causes which have led to this act. In the year 1765, that portion of the British Empire embracing Great Britain, undertook to make laws for the government of that portion composed of the thirteen American Colonies. A struggle for the right of self-government ensued, which resulted, on the 4th of July, 1776, in a Declaration, by the Colonies, "that they are, and of right ought to be, FREE AND INDEPENDENT STATES; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do." They further solemnly declared that whenever any "form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute a new government." Deeming the Government of Great Britain to have become destructive of these ends, they declared that the Colonies "are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." In pursuance of this Declaration of Independence, each of the thirteen States proceeded to exercise its separate sovereignty; adopted for itself a Constitution, and appointed officers for the administration of government in all its departments-- Legislative, Executive and Judicial. For purposes of defense, they united their arms and their counsels; and, in 1778, they entered into a League known as the Articles of Confederation, whereby they agreed to entrust the administration of their external relations to a common agent, known as the Congress of the United States, expressly declaring, in the first Article "that each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right which is not, by this Confederation, expressly delegated to the United States in Congress assembled." Under this Confederation the war of the Revolution was carried on, and on the 3rd of September, 1783, the contest ended, and a definite Treaty was signed by Great Britain, in which she acknowledged the independence of the Colonies in the following terms: "ARTICLE 1-- His Britannic Majesty acknowledges the said United States, viz: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be FREE, SOVEREIGN AND INDEPENDENT STATES; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same and every part thereof." Thus were established the two great principles asserted by the Colonies, namely: the right of a State to govern itself; and the right of a people to abolish a Government when it becomes destructive of the ends for which it was instituted. And concurrent with the establishment of these principles, was the fact, that each Colony became and was recognized by the mother Country a FREE, SOVEREIGN AND INDEPENDENT STATE. In 1787, Deputies were appointed by the States to revise the Articles of Confederation, and on 17th September, 1787, these Deputies recommended for the adoption of the States, the Articles of Union, known as the Constitution of the United States. The parties to whom this Constitution was submitted, were the several sovereign States; they were to agree or disagree, and when nine of them agreed the compact was to take effect among those concurring; and the General Government, as the common agent, was then invested with their authority. If only nine of the thirteen States had concurred, the other four would have remained as they then were-- separate, sovereign States, independent of any of the provisions of the Constitution. In fact, two of the States did not accede to the Constitution until long after it had gone into operation among the other eleven; and during that interval, they each exercised the functions of an independent nation. By this Constitution, certain duties were imposed upon the several States, and the exercise of certain of their powers was restrained, which necessarily implied their continued existence as sovereign States. But to remove all doubt, an amendment was added, which declared that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. On the 23d May , 1788, South Carolina, by a Convention of her People, passed an Ordinance assenting to this Constitution, and afterwards altered her own Constitution, to conform herself to the obligations she had undertaken. Thus was established, by compact between the States, a Government with definite objects and powers, limited to the express words of the grant. This limitation left the whole remaining mass of power subject to the clause reserving it to the States or to the people, and rendered unnecessary any specification of reserved rights. We hold that the Government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its formation subjects it to a third fundamental principle, namely: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences. In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to fulfill their constitutional obligations, and we refer to their own Statutes for the proof. The Constitution of the United States, in its fourth Article, provides as follows: "No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due." This stipulation was so material to the compact, that without it that compact would not have been made. The greater number of the contracting parties held slaves, and they had previously evinced their estimate of the value of such a stipulation by making it a condition in the Ordinance for the government of the territory ceded by Virginia, which now composes the States north of the Ohio River. The same article of the Constitution stipulates also for rendition by the several States of fugitives from justice from the other States. The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them. In many of these States the fugitive is discharged from service or labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constituted compact has been deliberately broken and disregarded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation. The ends for which the Constitution was framed are declared by itself to be "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." These ends it endeavored to accomplish by a Federal Government, in which each State was recognized as an equal, and had separate control over its own institutions. The right of property in slaves was recognized by giving to free persons distinct political rights, by giving them the right to represent, and burthening them with direct taxes for three-fifths of their slaves; by authorizing the importation of slaves for twenty years; and by stipulating for the rendition of fugitives from labor. We affirm that these ends for which this Government was instituted have been defeated, and the Government itself has been made destructive of them by the action of the non-slaveholding States. Those States have assume the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing, until it has now secured to its aid the power of the common Government. Observing the forms of the Constitution, a sectional party has found within that Article establishing the Executive Department, the means of subverting the Constitution itself. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common Government, because he has declared that that "Government cannot endure permanently half slave, half free," and that the public mind must rest in the belief that slavery is in the course of ultimate extinction. This sectional combination for the submersion of the Constitution, has been aided in some of the States by elevating to citizenship, persons who, by the supreme law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its beliefs and safety. On the 4th day of March next, this party will take possession of the Government. It has announced that the South shall be excluded from the common territory, that the judicial tribunals shall be made sectional, and that a war must be waged against slavery until it shall cease throughout the United States. The guaranties of the Constitution will then no longer exist; the equal rights of the States will be lost. The slaveholding States will no longer have the power of self-government, or self-protection, and the Federal Government will have become their enemy. Sectional interest and animosity will deepen the irritation, and all hope of remedy is rendered vain, by the fact that public opinion at the North has invested a great political error with the sanction of more erroneous religious belief. We, therefore, the People of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have solemnly declared that the Union heretofore existing between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. Adopted December 24, 1860 Source: https://avalon.law.yale.edu/19th_century/csa_scarsec.asp

  • Minnesota Constitution

    Adopted October 13, 1857 Ratified by the Senate May 11, 1858 Generally Revised November 5, 1974 Preamble We, the people of the state of Minnesota, 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. Object of government. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together with the right to alter, modify or reform government whenever required by the public good. Sec. 2. Rights and privileges. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted. Sec. 3. Liberty of the press. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. Sec. 4. Trial by jury. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy. A jury trial may be waived by the parties in all cases in the manner prescribed by law. The legislature may provide that the agreement of five-sixths of a jury in a civil action or proceeding, after not less than six hours' deliberation, is a sufficient verdict. The legislature may provide for the number of jurors in a civil action or proceeding, provided that a jury have at least six members. [Amended, November 8, 1988] Sec. 5. No excessive bail or unusual punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 6. Rights of accused in criminal prosecutions. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law. In all prosecutions of crimes defined by law as felonies, the accused has the right to a jury of 12 members. In all other criminal prosecutions, the legislature may provide for the number of jurors, provided that a jury have at least six members. The accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel in his defense. [Amended, November 8, 1988] Sec. 7. Due process; prosecutions; double jeopardy; self-incrimination; bail; habeas corpus. No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of punishment for the same offense, nor 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 before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended unless the public safety requires it in case of rebellion or invasion. Sec. 8. Redress of injuries or wrongs. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws. Sec. 9. Treason defined. Treason against the state consists only in levying war against the state, 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. 10. Unreasonable searches and seizures prohibited.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. 11. Attainders, ex post facto laws and laws impairing contracts prohibited.No bill of attainder, ex post facto law, or any law impairing the obligation of contracts shall be passed, and no conviction shall work corruption of blood or forfeiture of estate. Sec. 12. Imprisonment for debt; property exemption. No person shall be imprisoned for debt in this state, but this shall not prevent the legislature 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 any debt or liability. The amount of such exemption shall be determined by law. Provided, however, that all property so exempted shall be liable to seizure and sale for any debts incurred to any person for work done or materials furnished in the construction, repair or improvement of the same, and provided further, that such liability to seizure and sale shall also extend to all real property for any debt to any laborer or servant for labor or service performed. Sec. 13. Private property for public use.Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured. Sec. 14. Military power subordinate.The military shall be subordinate to the civil power and no standing army shall be maintained in this state in times of peace. Sec. 15. Lands allodial; void agricultural leases.All lands within the state are allodial and feudal tenures of every description with all their incidents are prohibited. Leases and grants of agricultural lands for a longer period than 21 years reserving rent or service of any kind shall be void. Sec. 16. Freedom of conscience; no preference to be given to any religious establishment or mode of worship.The enumeration of rights in this constitution shall not deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; 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 state, nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries. Sec. 17. Religious tests and property qualifications prohibited. No religious test or amount of property shall be required as a qualification for any office of public trust in the state. No religious test or amount of property shall 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. ARTICLE II NAME AND BOUNDARIES Section 1. Name and boundaries; acceptance of organic act. This state shall be called the state of Minnesota and shall consist of and have jurisdiction over the territory embraced in the act of Congress entitled, "An act to authorize the people of the Territory of Minnesota to form a constitution and state government, preparatory to their admission into the Union on equal footing with the original states," and the propositions contained in that act are hereby accepted, ratified and confirmed, and remain irrevocable without the consent of the United States. Sec. 2. Jurisdiction on boundary waters. The state of Minnesota has concurrent jurisdiction on the Mississippi and on all other rivers and waters forming a common boundary with any other state or states. Navigable waters leading into the same, shall be common highways and forever free to citizens of the United States without any tax, duty, impost or toll therefor. ARTICLE III DISTRIBUTION OF THE POWERS OF GOVERNMENT Section 1. Division of powers. The powers of government shall be divided into three distinct departments: legislative, executive and judicial. No person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others except in the instances expressly provided in this constitution. ARTICLE IV LEGISLATIVE DEPARTMENT Section 1. Composition of legislature. The legislature consists of the senate and house of representatives. Sec. 2. Apportionment of members.The number of members who compose the senate and house of representatives shall be prescribed by law. The representation in both houses shall be apportioned equally throughout the different sections of the state in proportion to the population thereof. Sec. 3. Census enumeration apportionment; congressional and legislative district boundaries; senate districts. At its first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts. Senators shall be chosen by single districts of convenient contiguous territory. No representative district shall be divided in the formation of a senate district. The senate districts shall be numbered in a regular series. Sec. 4. Terms of office of senators and representatives; vacancies.Representatives shall be chosen for a term of two years, except to fill a vacancy. Senators shall be chosen for a term of four years, except to fill a vacancy and except there shall be an entire new election of all the senators at the first election of representatives after each new legislative apportionment provided for in this article. The governor shall call elections to fill vacancies in either house of the legislature. Sec. 5. Restriction on holding office. No senator or representative shall hold any other office under the authority of the United States or the state of Minnesota, except that of postmaster or of notary public. If elected or appointed to another office, a legislator may resign from the legislature by tendering his resignation to the governor. Sec. 6. Qualification of legislators; judging election returns and eligibility.Senators and representatives shall be qualified voters of the state, and shall have resided one year in the state and six months immediately preceding the election in the district from which elected. Each house shall be the judge of the election returns and eligibility of its own members. The legislature shall prescribe by law the manner for taking evidence in cases of contested seats in either house. Sec. 7. Rules of government. Each house may determine the rules of its proceedings, sit upon its own adjournment, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member; but no member shall be expelled a second time for the same offense. Sec. 8. Oath of office. Each member and officer of the legislature before entering upon his duties shall take an oath or affirmation to support the Constitution of the United States, the constitution of this state, and to discharge faithfully the duties of his office to the best of his judgment and ability. Sec. 9. Compensation. The salary of senators and representatives shall be prescribed by a council consisting of the following members: one person who is not a judge from each congressional district appointed by the chief justice of the Supreme Court, and one member from each congressional district appointed by the governor. If Minnesota has an odd number of congressional districts, the governor and the chief justice must each appoint an at-large member in addition to a member from each congressional district. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second-most members in the legislature. None of the members of the council may be current or former legislators, or the spouse of a current legislator. None of the members of the council may be current or former lobbyists registered under Minnesota law. None of the members of the council may be a current employee of the legislature. None of the members of the council may be a current or former judge. None of the members of the council may be a current or former governor, lieutenant governor, attorney general, secretary of state, or state auditor. None of the members of the council may be a current employee of an entity in the executive or judicial branch. Membership terms, removal, and compensation of members shall be as provided by law. The council must prescribe salaries by March 31 of each odd-numbered year, taking into account any other legislative compensation provided to legislators by the state of Minnesota, with any changes in salary to take effect on July 1 of that year. Any salary increase for legislators authorized in law by the legislature after January 5, 2015, is repealed. [Amended, November 8, 2016] Sec. 10. Privilege from arrest. The members of each house in all cases except treason, felony and breach of the peace, shall be privileged from arrest during the session of their respective houses and in going to or returning from the same. For any speech or debate in either house they shall not be questioned in any other place. Sec. 11. Protest and dissent of members. Two or more members of either house may dissent and protest against any act or resolution which they think injurious to the public or to any individual and have the reason of their dissent entered in the journal. Sec. 12. Biennial meetings; length of session; special sessions; length of adjournments. The legislature shall meet at the seat of government in regular session in each biennium at the times prescribed by law for not exceeding a total of 120 legislative days. The legislature shall not meet in regular session, nor in any adjournment thereof, after the first Monday following the third Saturday in May of any year. After meeting at a time prescribed by law, the legislature may adjourn to another time. "Legislative day" shall be defined by law. A special session of the legislature may be called by the governor on extraordinary occasions. Neither house during a session of the legislature shall adjourn for more than three days (Sundays excepted) nor to any other place than that in which the two houses shall be assembled without the consent of the other house. Sec. 13. Quorum. A majority of each house constitutes a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide. Sec. 14. Open sessions.Each house shall be open to the public during its sessions except in cases which in its opinion require secrecy. Sec. 15. Officers; journals. Each house shall elect its presiding officer and other officers as may be provided by law. Both houses shall keep journals of their proceedings, and from time to time publish the same, and the yeas and nays, when taken on any question, shall be entered in the journals. Sec. 16. Elections viva voce. In all elections by the legislature members shall vote viva voce and their votes shall be entered in the journal. Sec. 17. Laws to embrace only one subject. No law shall embrace more than one subject, which shall be expressed in its title. Sec. 18. Revenue bills to originate in house. All bills for raising revenue shall originate in the house of representatives, but the senate may propose and concur with the amendments as on other bills. Sec. 19. Reporting of bills. Every bill shall be reported on three different days in each house, unless, in case of urgency, two-thirds of the house where the bill is pending deem it expedient to dispense with this rule. Sec. 20. Enrollment of bills. Every bill passed by both houses shall be enrolled and signed by the presiding officer of each house. Any presiding officer refusing to sign a bill passed by both houses shall thereafter be disqualified from any office of honor or profit in the state. Each house by rule shall provide the manner in which a bill shall be certified for presentation to the governor in case of such refusal. Sec. 21. Passage of bills on last day of session prohibited. No bill shall be passed by either house upon the day prescribed for adjournment. This section shall not preclude the enrollment of a bill or its transmittal from one house to the other or to the executive for his signature. Sec. 22. Majority vote of all members to pass a law.The style of all laws of this state shall be: "Be it enacted by the legislature of the state of Minnesota." No law shall be passed unless voted for by a majority of all the members elected to each house of the legislature, and the vote entered in the journal of each house. Sec. 23. Approval of bills by governor; action on veto. Every bill passed in conformity to the rules of each house and the joint rules of the two houses shall be presented to the governor. If he approves a bill, he shall sign it, deposit it in the office of the secretary of state and notify the house in which it originated of that fact. If he vetoes a bill, he shall return it with his objections to the house in which it originated. His objections shall be entered in the journal. If, after reconsideration, two-thirds of that house agree to pass the bill, it shall be sent, together with the governor's objections, to the other house, which shall likewise reconsider it. If approved by two-thirds of that house it becomes a law and shall be deposited in the office of the secretary of state. In such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered in the journal of each house. Any bill not returned by the governor within three days (Sundays excepted) after it is presented to him becomes a law as if he had signed it, unless the legislature by adjournment within that time prevents its return. Any bill passed during the last three days of a session may be presented to the governor during the three days following the day of final adjournment and becomes law if the governor signs and deposits it in the office of the secretary of state within 14 days after the adjournment of the legislature. Any bill passed during the last three days of the session which is not signed and deposited within 14 days after adjournment does not become a law. If a bill presented to the governor contains several items of appropriation of money, he may veto one or more of the items while approving the bill. At the time he signs the bill the governor shall append to it a statement of the items he vetoes and the vetoed items shall not take effect. If the legislature is in session, he shall transmit to the house in which the bill originated a copy of the statement, and the items vetoed shall be separately reconsidered. If on reconsideration any item is approved by two-thirds of the members elected to each house, it is a part of the law notwithstanding the objections of the governor. Sec. 24. Presentation of orders, resolutions, and votes to governor. Each order, resolution or vote requiring the concurrence of the two houses except such as relate to the business or adjournment of the legislature shall be presented to the governor and is subject to his veto as prescribed in case of a bill. Sec. 25. Disorderly conduct. During a session each house may punish by imprisonment for not more than 24 hours any person not a member who is guilty of any disorderly or contemptuous behavior in its presence. Sec. 26. Banking laws; two-thirds votes. Passage of a general banking law requires the vote of two-thirds of the members of each house of the legislature. ARTICLE V EXECUTIVE DEPARTMENT Section 1. Executive officers. The executive department consists of a governor, lieutenant governor, secretary of state, auditor, and attorney general, who shall be chosen by the electors of the state. The governor and lieutenant governor shall be chosen jointly by a single vote applying to both offices in a manner prescribed by law. [Amended, November 3, 1998] Sec. 2. Term of governor and lieutenant governor; qualifications. The term of office for the governor and lieutenant governor is four years and until a successor is chosen and qualified. Each shall have attained the age of 25 years and, shall have been a bona fide resident of the state for one year next preceding his election, and shall be a citizen of the United States. Sec. 3. Powers and duties of governor. The governor shall communicate by message to each session of the legislature information touching the state and country. He is commander-in-chief of the military and naval forces and may call them out to execute the laws, suppress insurrection and repel invasion. He may require the opinion in writing of the principal officer in each of the executive departments upon any subject relating to his duties. With the advice and consent of the senate he may appoint notaries public and other officers provided by law. He may appoint commissioners to take the acknowledgment of deeds or other instruments in writing to be used in the state. He shall take care that the laws be faithfully executed. He shall fill any vacancy that may occur in the offices of secretary of state, auditor, attorney general and the other state and district offices hereafter created by law until the end of the term for which the person who had vacated the office was elected or the first Monday in January following the next general election, whichever is sooner, and until a successor is chosen and qualified. [Amended, November 3, 1998] Sec. 4. Terms and salaries of executive officers. The term of office of the secretary of state, attorney general and state auditor is four years and until a successor is chosen and qualified. The duties and salaries of the executive officers shall be prescribed by law. [Amended, November 3, 1998] Sec. 5. Succession to offices of governor and lieutenant governor. In case a vacancy occurs from any cause whatever in the office of governor, the lieutenant governor shall be governor during such vacancy. The compensation of the lieutenant governor shall be prescribed by law. The last elected presiding officer of the senate shall become lieutenant governor in case a vacancy occurs in that office. In case the governor is unable to discharge the powers and duties of his office, the same devolves on the lieutenant governor. The legislature may provide by law for the case of the removal, death, resignation, or inability both of the governor and lieutenant governor to discharge the duties of governor and may provide by law for continuity of government in periods of emergency resulting from disasters caused by enemy attack in this state, including but not limited to, succession to the powers and duties of public office and change of the seat of government. Sec. 6. Oath of office of state officers. Each officer created by this article before entering upon his duties shall take an oath or affirmation to support the constitution of the United States and of this state and to discharge faithfully the duties of his office to the best of his judgment and ability. Sec. 7. Board of pardons. The governor, the attorney general and the chief justice of the supreme court constitute a board of pardons. Its powers and duties shall be defined and regulated by law. The governor in conjunction with the board of pardons has power to grant reprieves and pardons after conviction for an offense against the state except in cases of impeachment. ARTICLE VI JUDICIARY Section 1. Judicial power.The judicial power of the state is vested in a supreme court, a court of appeals, if established by the legislature, a district court and such other courts, judicial officers and commissioners with jurisdiction inferior to the district court as the legislature may establish. [Amended, November 2, 1982] Sec. 2. Supreme court. The supreme court consists of one chief judge and not less than six nor more than eight associate judges as the legislature may establish. It shall have original jurisdiction in such remedial cases as are prescribed by law, and appellate jurisdiction in all cases, but there shall be no trial by jury in the supreme court. The legislature may establish a court of appeals and provide by law for the number of its judges, who shall not be judges of any other court, and its organization and for the review of its decisions by the supreme court. The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law. As provided by law judges of the court of appeals or of the district court may be assigned temporarily to act as judges of the supreme court upon its request and judges of the district court may be assigned temporarily by the supreme court to act as judges of the court of appeals. The supreme court shall appoint to serve at its pleasure a clerk, a reporter, a state law librarian and other necessary employees. [Amended, November 2, 1982] Sec. 3. Jurisdiction of district court. The district court has original jurisdiction in all civil and criminal cases and shall have appellate jurisdiction as prescribed by law. Sec. 4. Judicial districts; district judges. The number and boundaries of judicial districts shall be established in the manner provided by law but the office of a district judge shall not be abolished during his term. There shall be two or more district judges in each district. Each judge of the district court in any district shall be a resident of that district at the time of his selection and during his continuance in office. Sec. 5. Qualifications; compensation. Judges of the supreme court, the court of appeals and the district court shall be learned in the law. The qualifications of all other judges and judicial officers shall be prescribed by law. The compensation of all judges shall be prescribed by the legislature and shall not be diminished during their term of office. [Amended, November 2, 1982] Sec. 6. Holding other office. A judge of the supreme court, the court of appeals or the district court shall not hold any office under the United States except a commission in a reserve component of the military forces of the United States and shall not hold any other office under this state. His term of office shall terminate at the time he files as a candidate for an elective office of the United States or for a nonjudicial office of this state. [Amended, November 2, 1982] Sec. 7. Term of office; election. The term of office of all judges shall be six years and until their successors are qualified. They shall be elected by the voters from the area which they are to serve in the manner provided by law. Sec. 8. Vacancy. Whenever there is a vacancy in the office of judge the governor shall appoint in the manner provided by law a qualified person to fill the vacancy until a successor is elected and qualified. The successor shall be elected for a six year term at the next general election occurring more than one year after the appointment. Sec. 9. Retirement, removal and discipline. The legislature may provide by law for retirement of all judges and for the extension of the term of any judge who becomes eligible for retirement within three years after expiration of the term for which he is selected. The legislature may also provide for the retirement, removal or other discipline of any judge who is disabled, incompetent or guilty of conduct prejudicial to the administration of justice. Sec. 10. Retired judges. As provided by law a retired judge may be assigned to hear and decide any cause over which the court to which he is assigned has jurisdiction. Sec. 11. Probate jurisdiction.Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death, shall be provided by law. Sec. 12. Abolition of probate court; status of judges. If the probate court is abolished by law, judges of that court who are learned in the law shall become judges of the court that assumes jurisdiction of matters described in section 11. Sec. 13. District court clerks.There shall be in each county one clerk of the district court whose qualifications, duties and compensation shall be prescribed by law. He shall serve at the pleasure of a majority of the judges of the district court in each district. ARTICLE VII ELECTIVE FRANCHISE Section 1. Eligibility; place of voting; ineligible persons. Every person 18 years of age or more who has been a citizen of the United States for three months and who has resided in the precinct for 30 days next preceding an election shall be entitled to vote in that precinct. The place of voting by one otherwise qualified who has changed his residence within 30 days preceding the election shall be prescribed by law. The following persons shall not be entitled or permitted to vote at any election in this state: A person not meeting the above requirements; a person who has been convicted of treason or felony, unless restored to civil rights; a person under guardianship, or a person who is insane or not mentally competent. Sec. 2. Residence. For the purpose of voting no person loses residence solely by reason of his absence while employed in the service of the United States; nor while engaged upon the waters of this state or of the United States; nor while a student in any institution of learning; nor while kept at any almshouse or asylum; nor while confined in any public prison. No soldier, seaman or marine in the army or navy of the United States is a resident of this state solely in consequence of being stationed within the state. Sec. 3. Uniform oath at elections. The legislature shall provide for a uniform oath or affirmation to be administered at elections and no person shall be compelled to take any other or different form of oath to entitle him to vote. Sec. 4. Civil process suspended on election day. During the day on which an election is held no person shall be arrested by virtue of any civil process. Sec. 5. Elections by ballot. All elections shall be by ballot except for such town officers as may be directed by law to be otherwise chosen. Sec. 6. Eligibility to hold office. Every person who by the provisions of this article is entitled to vote at any election and is 21 years of age is eligible for any office elective by the people in the district wherein he has resided 30 days previous to the election, except as otherwise provided in this constitution, or the constitution and law of the United States. Sec. 7. Official year of state. The official year for the state of Minnesota commences on the first Monday in January in each year and all terms of office terminate at that time. The general election shall be held on the first Tuesday after the first Monday in November in each even numbered year. Sec. 8. Election returns to secretary of state; board of canvassers. The returns of every election for officeholders elected statewide shall be made to the secretary of state who shall call to his assistance two or more of the judges of the supreme court and two disinterested judges of the district courts. They shall constitute a board of canvassers to canvass the returns and declare the result within three days after the canvass. Sec. 9. Campaign spending limits. The amount that may be spent by candidates for constitutional and legislative offices to campaign for nomination or election shall be limited by law. The legislature shall provide by law for disclosure of contributions and expenditures made to support or oppose candidates for state elective offices. [Adopted, November 4, 1980] ARTICLE VIII IMPEACHMENT AND REMOVAL FROM OFFICE Section 1. Impeachment powers. The house of representatives has the sole power of impeachment through a concurrence of a majority of all its members. All impeachments shall be tried by the senate. When sitting for that purpose, senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators present. Sec. 2. Officers subject to impeachment; grounds; judgment. The governor, secretary of state, auditor, attorney general and the judges of the supreme court, court of appeals and district courts may be impeached for corrupt conduct in office or for crimes and misdemeanors; but judgment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust or profit in this state. The party convicted shall also be subject to indictment, trial, judgment and punishment according to law. [Amended, November 2, 1982; November 3, 1998] Sec. 3. Suspension. No officer shall exercise the duties of his office after he has been impeached and before his acquittal. Sec. 4. Service of impeachment papers. No person shall be tried on impeachment before he has been served with a copy thereof at least 20 days previous to the day set for trial. Sec. 5. Removal of inferior officers. The legislature of this state may provide for the removal of inferior officers for malfeasance or nonfeasance in the performance of their duties. Sec. 6. Recall. A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters. The grounds for recall of a judge shall be established by the supreme court. The grounds for recall of an officer other than a judge are serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime. A petition for recall must set forth the specific conduct that may warrant recall. A petition may not be issued until the supreme court has determined that the facts alleged in the petition are true and are sufficient grounds for issuing a recall petition. A petition must be signed by a number of eligible voters who reside in the district where the officer serves and who number not less than 25 percent of the number of votes cast for the office at the most recent general election. Upon a determination by the secretary of state that a petition has been signed by at least the minimum number of eligible voters, a recall election must be conducted in the manner provided by law. A recall election may not occur less than six months before the end of the officer's term. An officer who is removed from office by a recall election or who resigns from office after a petition for recall issues may not be appointed to fill the vacancy that is created. [Adopted, November 5, 1996] ARTICLE IX AMENDMENTS TO THE CONSTITUTION Section 1. Amendments; ratification. A majority of the members elected to each house of the legislature may propose amendments to this constitution. Proposed amendments shall be published with the laws passed at the same session and submitted to the people for their approval or rejection at a general election. If a majority of all the electors voting at the election vote to ratify an amendment, it becomes a part of this constitution. If two or more amendments are submitted at the same time, voters shall vote for or against each separately. Sec. 2. Constitutional convention. Two-thirds of the members elected to each house of the legislature may submit to the electors at the next general election the question of calling a convention to revise this constitution. If a majority of all the electors voting at the election vote for a convention, the legislature at its next session, shall provide by law for calling the convention. The convention shall consist of as many delegates as there are members of the house of representatives. Delegates shall be chosen in the same manner as members of the house of representatives and shall meet within three months after their election. Section 5 of Article IV of the constitution does not apply to election to the convention. Sec. 3. Submission to people of constitution drafted at convention. A convention called to revise this constitution shall submit any revision to the people for approval or rejection at the next general election held not less than 90 days after submission of the revision. If three-fifths of all the electors voting on the question vote to ratify the revision, it becomes a new constitution of the state of Minnesota. ARTICLE X TAXATION Section 1. Power of taxation; exemptions; legislative powers. The power of taxation shall never be surrendered, suspended or contracted away. Taxes shall be uniform upon the same class of subjects and shall be levied and collected for public purposes, but public burying grounds, public school houses, public hospitals, academies, colleges, universities, all seminaries of learning, all churches, church property, houses of worship, institutions of purely public charity, and public property used exclusively for any public purpose, shall be exempt from taxation except as provided in this section. There may be exempted from taxation personal property not exceeding in value $200 for each household, individual or head of a family, and household goods and farm machinery as the legislature determines. The legislature may authorize municipal corporations to levy and collect assessments for local improvements upon property benefited thereby without regard to cash valuation. The legislature by law may define or limit the property exempt under this section other than churches, houses of worship, and property solely used for educational purposes by academies, colleges, universities and seminaries of learning. Sec. 2. Forestation. To encourage and promote forestation and reforestation of lands whether owned by private persons or the public, laws may be enacted fixing in advance a definite and limited annual tax on the lands for a term of years and imposing a yield tax on the timber and other forest products at or after the end of the term. Sec. 3. Occupation tax; ores. Every person engaged in the business of mining or producing iron ore or other ores in this state shall pay to the state an occupation tax on the valuation of all ores mined or produced, which tax shall be in addition to all other taxes provided by law. The tax is due on the first day of May in the calendar year next following the mining or producing. The valuation of ore for the purpose of determining the amount of tax shall be ascertained as provided by law. Funds derived from the tax shall be used as follows: 50 percent to the state general revenue fund, 40 percent for the support of elementary and secondary schools and ten percent for the general support of the university. Sec. 4. Motor fuel taxation. The state may levy an excise tax upon any means or substance for propelling aircraft or for propelling or operating motor or other vehicles or other equipment used for airport purposes and not used on the public highways of this state. Sec. 5. Aircraft. The legislature may tax aircraft using the air space overlying the state on a more onerous basis than other personal property. Any such tax on aircraft shall be in lieu of all other taxes. The legislature may impose the tax on aircraft of companies paying taxes under any gross earnings system of taxation notwithstanding that earnings from the aircraft are included in the earnings on which gross earnings taxes are computed. The law may exempt from taxation aircraft owned by a nonresident of the state temporarily using the air space overlying the state. Sec. 6. Taconite taxation. Laws of Minnesota 1963, Chapter 81, relating to the taxation of taconite and semi-taconite, and facilities for the mining, production and beneficiation thereof shall not be repealed, modified or amended, nor shall any laws in conflict therewith be valid until November 4, 1989. Laws may be enacted fixing or limiting for a period not extending beyond the year 1990, the tax to be imposed on persons engaged in (1) the mining, production or beneficiation of copper, (2) the mining, production or beneficiation of copper-nickel, or (3) the mining, production or beneficiation of nickel. Taxes imposed on the mining or quarrying of taconite or semi-taconite and on the production of iron ore concentrates therefrom, which are in lieu of a tax on real or personal property, shall not be considered to be occupation, royalty, or excise taxes within the meaning of this amendment. Sec. 7. [Repealed, November 5, 1974] Sec. 8. Parimutuel betting.The legislature may authorize on-track parimutuel betting on horse racing in a manner prescribed by law. [Adopted, November 2, 1982] ARTICLE XI APPROPRIATIONS AND FINANCES Section 1. Money paid from state treasury. No money shall be paid out of the treasury of this state except in pursuance of an appropriation by law. Sec. 2. Credit of the state limited. The credit of the state shall not be given or loaned in aid of any individual, association or corporation except as hereinafter provided. Sec. 3. Internal improvements prohibited; exceptions. The state shall not be a party in carrying on works of internal improvements except as authorized by this constitution. If grants have been made to the state especially dedicated to specific purposes, the state shall devote the proceeds of the grants to those purposes and may pledge or appropriate the revenues derived from the works in aid of their completion. Sec. 4. Power to contract public debt; public debt defined. The state may contract public debts for which its full faith, credit and taxing powers may be pledged at the times and in the manner authorized by law, but only for the purposes and subject to the conditions stated in section 5. Public debt includes any obligation payable directly in whole or in part from a tax of state wide application on any class of property, income, transaction or privilege, but does not include any obligation which is payable from revenues other than taxes. Sec. 5. Public debt and works of internal improvement; purposes. Public debt may be contracted and works of internal improvements carried on for the following purposes: (a) to acquire and to better public land and buildings and other public improvements of a capital nature and to provide money to be appropriated or loaned to any agency or political subdivision of the state for such purposes if the law authorizing the debt is adopted by the vote of at least three-fifths of the members of each house of the legislature; (b) to repel invasion or suppress insurrection; (c) to borrow temporarily as authorized in section 6; (d) to refund outstanding bonds of the state or any of its agencies whether or not the full faith and credit of the state has been pledged for the payment of the bonds; (e) to establish and maintain highways subject to the limitations of article XIV; (f) to promote forestation and prevent and abate forest fires, including the compulsory clearing and improving of wild lands whether public or private; (g) to construct, improve and operate airports and other air navigation facilities; (h) to develop the state's agricultural resources by extending credit on real estate security in the manner and on the terms and conditions prescribed by law; (i) to improve and rehabilitate railroad rights-of-way and other rail facilities whether public or private, provided that bonds issued and unpaid shall not at any time exceed $200,000,000 par value; and (j) as otherwise authorized in this constitution. As authorized by law political subdivisions may engage in the works permitted by (f), (g), and (i) and contract debt therefor. [Amended, November 2, 1982] Sec. 6. Certificates of indebtedness. As authorized by law certificates of indebtedness may be issued during a biennium, commencing on July 1 in each odd-numbered year and ending on and including June 30 in the next odd-numbered year, in anticipation of the collection of taxes levied for and other revenues appropriated to any fund of the state for expenditure during that biennium. No certificates shall be issued in an amount which with interest thereon to maturity, added to the then outstanding certificates against a fund and interest thereon to maturity, will exceed the then unexpended balance of all money which will be credited to that fund during the biennium under existing laws. The maturities of certificates may be extended by refunding to a date not later than December l of the first full calendar year following the biennium in which the certificates were issued. If money on hand in any fund is not sufficient to pay all non-refunding certificates of indebtedness issued on a fund during any biennium and all certificates refunding the same, plus interest thereon, which are outstanding on December 1 immediately following the close of the biennium, the state auditor shall levy upon all taxable property in the state a tax collectible in the ensuing year sufficient to pay the same on or before December 1 of the ensuing year with interest to the date or dates of payment. Sec. 7. Bonds. Public debt other than certificates of indebtedness authorized in section 6 shall be evidenced by the issuance of bonds of the state. All bonds issued under the provisions of this section shall mature not more than 20 years from their respective dates of issue and each law authorizing the issuance of bonds shall distinctly specify the purposes thereof and the maximum amount of the proceeds authorized to be expended for each purpose. A separate and special state bond fund shall be maintained on the official books and records. When the full faith and credit of the state has been pledged for the payment of bonds, the state auditor shall levy each year on all taxable property within the state a tax sufficient with the balance then on hand in the fund to pay all principal and interest on bonds issued under this section due and to become due within the ensuing year and to and including July 1 in the second ensuing year. The legislature by law may appropriate funds from any source to the state bond fund. The amount of money actually received and on hand pursuant to appropriations prior to the levy of the tax in any year shall be used to reduce the amount of tax otherwise required to be levied. [Amended, November 3, 1998] Sec. 8. Permanent school fund; source; investment; board of investment. The permanent school fund of the state consists of (a) the proceeds of lands granted by the United States for the use of schools within each township, (b) the proceeds derived from swamp lands granted to the state, (c) all cash and investments credited to the permanent school fund and to the swamp land fund, and (d) all cash and investments credited to the internal improvement land fund and the lands therein. No portion of these lands shall be sold otherwise than at public sale, and in the manner provided by law. All funds arising from the sale or other disposition of the lands, or income accruing in any way before the sale or disposition thereof, shall be credited to the permanent school fund. Within limitations prescribed by law, the fund shall be invested to secure the maximum return consistent with the maintenance of the perpetuity of the fund. The principal of the permanent school fund shall be perpetual and inviolate forever. This does not prevent the sale of investments at less than the cost to the fund; however, all losses not offset by gains shall be repaid to the fund from the interest and dividends earned thereafter. The net interest and dividends arising from the fund shall be distributed to the different school districts of the state in a manner prescribed by law. A board of investment consisting of the governor, the state auditor, the secretary of state, and the attorney general is constituted for the purpose of administering and directing the investment of all state funds. The board shall not permit state funds to be used for the underwriting or direct purchase of municipal securities from the issuer or the issuer's agent. [Amended, November 6, 1984; November 3, 1998] Sec. 9. Investment of permanent university fund; restrictions. The permanent university fund of this state may be loaned to or invested in the bonds of any county, school district, city or town of this state and in first mortgage loans secured upon improved and cultivated farm lands of this state, but no such investment or loan shall be made until approved by the board of investment; nor shall a loan or investment be made when the bonds to be issued or purchased would make the entire bonded indebtedness exceed 15 percent of the assessed valuation of the taxable property of the county, school district, city or town issuing the bonds; nor shall any farm loan or investment be made when the investment or loan would exceed 30 percent of the actual cash value of the farm land mortgaged to secure the investment; nor shall investments or loans be made at a lower rate of interest than two percent per annum nor for a shorter period than one year nor for a longer period than 30 years. Sec. 10. Exchange of public lands; reservation of rights. As the legislature may provide, any of the public lands of the state, including lands held in trust for any purpose, may be exchanged for any publicly or privately held lands with the unanimous approval of the governor, the attorney general and the state auditor. Lands so acquired shall be subject to the trust, if any, to which the lands exchanged therefor were subject. The state shall reserve all mineral and water power rights in lands transferred by the state. [Amended, November 6, 1984] Sec. 11. Timber lands set apart as state forests; disposition of revenue. School and other public lands of the state better adapted for the production of timber than for agriculture may be set apart as state school forests, or other state forests as the legislature may provide. The legislature may also provide for their management on forestry principles. The net revenue therefrom shall be used for the purposes for which the lands were granted to the state. Sec. 12. County, township or municipal aid to railroads limited. The legislature shall not authorize any county, township or municipal corporation to become indebted to aid in the construction or equipment of railroads to any amount that exceeds five percent of the value of the taxable property within that county, township or municipal corporation. The amount of taxable property shall be determined by the last assessment previous to the incurring of the indebtedness. Sec. 13. Safekeeping state funds; security; deposit of funds; embezzlement. All officers and other persons charged with the safekeeping of state funds shall be required to give ample security for funds received by them and to keep an accurate entry of each sum received and of each payment and transfer. If any person converts to his own use in any manner or form, or shall loan, with or without interest, or shall deposit in his own name, or otherwise than in the name of the state of Minnesota; or shall deposit in banks or with any person or persons or exchange for other funds or property, any portion of the funds of the state or the school funds aforesaid, except in the manner prescribed by law, every such act shall be and constitute an embezzlement of so much of the aforesaid state and school funds, or either of the same, as shall thus be taken, or loaned, or deposited or exchanged, and shall be a felony. Any failure to pay over, produce or account for the state school funds, or any part of the same entrusted to such officer or persons as by law required on demand, shall be held and be taken to be prima facie evidence of such embezzlement. Sec. 14. Environment and natural resources fund. A permanent environment and natural resources trust fund is established in the state treasury. Loans may be made of up to five percent of the principal of the fund for water system improvements as provided by law. The assets of the fund shall be appropriated by law for the public purpose of protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. The amount appropriated each year of a biennium, commencing on July 1 in each odd-numbered year and ending on and including June 30 in the next odd-numbered year, may be up to 5-1/2 percent of the market value of the fund on June 30 one year before the start of the biennium. Not less than 40 percent of the net proceeds from any state-operated lottery must be credited to the fund until the year 2025. [Adopted, November 8, 1988; Amended, November 6, 1990; November 3, 1998] Sec. 15. Outdoor heritage, clean water, parks and trails, and arts and cultural heritage; sales tax dedicated funds. Beginning July 1, 2009, until June 30, 2034, the sales and use tax rate shall be increased by three-eighths of one percent on sales and uses taxable under the general state sales and use tax law. Receipts from the increase, plus penalties and interest and reduced by any refunds, are dedicated, for the benefit of Minnesotans, to the following funds: 33 percent of the receipts shall be deposited in the outdoor heritage fund and may be spent only to restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife; 33 percent of the receipts shall be deposited in the clean water fund and may be spent only to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation, and at least five percent of the clean water fund must be spent only to protect drinking water sources; 14.25 percent of the receipts shall be deposited in the parks and trails fund and may be spent only to support parks and trails of regional or statewide significance; and 19.75 percent shall be deposited in the arts and cultural heritage fund and may be spent only for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage. An outdoor heritage fund; a parks and trails fund; a clean water fund and a sustainable drinking water account; and an arts and cultural heritage fund are created in the state treasury. The money dedicated under this section shall be appropriated by law. The dedicated money under this section must supplement traditional sources of funding for these purposes and may not be used as a substitute. Land acquired by fee with money deposited in the outdoor heritage fund under this section must be open to the public taking of fish and game during the open season unless otherwise provided by law. If the base of the sales and use tax is changed, the sales and use tax rate in this section may be proportionally adjusted by law to within one-thousandth of one percent in order to provide as close to the same amount of revenue as practicable for each fund as existed before the change to the sales and use tax. [Adopted, November 4, 2008] ARTICLE XII SPECIAL LEGISLATION; LOCAL GOVERNMENT Section 1. Prohibition of special legislation; particular subjects. In all cases when a general law can be made applicable, a special law shall not be enacted except as provided in section 2. Whether a general law could have been made applicable in any case shall be judicially determined without regard to any legislative assertion on that subject. The legislature shall pass no local or special law authorizing the laying out, opening, altering, vacating or maintaining of roads, highways, streets or alleys; remitting fines, penalties or forfeitures; changing the names of persons, places, lakes or rivers; authorizing the adoption or legitimation of children; changing the law of descent or succession; conferring rights on minors; declaring any named person of age; giving effect to informal or invalid wills or deeds, or affecting the estates of minors or persons under disability; granting divorces; exempting property from taxation or regulating the rate of interest on money; creating private corporations, or amending, renewing, or extending the charters thereof; granting to any private corporation, association, or individual any special or exclusive privilege, immunity or franchise whatever or authorizing public taxation for a private purpose. The inhibitions of local or special laws in this section shall not prevent the passage of general laws on any of the subjects enumerated. Sec. 2. Special laws; local government. Every law which upon its effective date applies to a single local government unit or to a group of such units in a single county or a number of contiguous counties is a special law and shall name the unit or, in the latter case, the counties to which it applies. The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such majority as the legislature may direct. Any special law may be modified or superseded by a later home rule charter or amendment applicable to the same local government unit, but this does not prevent the adoption of subsequent laws on the same subject. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same except as provided in this section. Sec. 3. Local government; legislation affecting. The legislature may provide by law for the creation, organization, administration, consolidation, division and dissolution of local government units and their functions, for the change of boundaries thereof, for their elective and appointive officers including qualifications for office and for the transfer of county seats. A county boundary may not be changed or county seat transferred until approved in each county affected by a majority of the voters voting on the question. Sec. 4. Home rule charter. Any local government unit when authorized by law may adopt a home rule charter for its government. A charter shall become effective if approved by such majority of the voters of the local government unit as the legislature prescribes by general law. If a charter provides for the consolidation or separation of a city and a county, in whole or in part, it shall not be effective without approval of the voters both in the city and in the remainder of the county by the majority required by law. Sec. 5. Charter commissions. The legislature shall provide by law for charter commissions. Notwithstanding any other constitutional limitations the legislature may require that commission members be freeholders, provide for their appointment by judges of the district court, and permit any member to hold any other elective or appointive office other than judicial. Home rule charter amendments may be proposed by a charter commission or by a petition of five percent of the voters of the local government unit as determined by law and shall not become effective until approved by the voters by the majority required by law. Amendments may be proposed and adopted in any other manner provided by law. A local government unit may repeal its home rule charter and adopt a statutory form of government or a new charter upon the same majority vote as is required by law for the adoption of a charter in the first instance. ARTICLE XIII MISCELLANEOUS SUBJECTS Section 1. Uniform system of public schools. The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state. Sec. 2. Prohibition as to aiding sectarian school. In no case shall any public money or property be appropriated or used for the support of schools wherein the distinctive doctrines, creeds or tenets of any particular Christian or other religious sect are promulgated or taught. Sec. 3. University of Minnesota. All the rights, immunities, franchises and endowments heretofore granted or conferred upon the University of Minnesota are perpetuated unto the university. Sec. 4. Lands taken for public way or use; compensation; common carriers. Land may be taken for public way and for the purpose of granting to any corporation the franchise of way for public use. In all cases, however, a fair and equitable compensation shall be paid for land and for the damages arising from taking it. All corporations which are common carriers enjoying the right of way in pursuance of the provisions of this section shall be bound to carry the mineral, agricultural and other productions of manufacturers on equal and reasonable terms. Sec. 5. Lotteries. The legislature shall not authorize any lottery or the sale of lottery tickets, other than authorizing a lottery and sale of lottery tickets for a lottery operated by the state. [Amended, November 8, 1988] Sec. 6. Prohibition of combinations to affect markets. Any combination of persons either as individuals or as members or officers of any corporation to monopolize markets for food products in this state or to interfere with, or restrict the freedom of markets is a criminal conspiracy and shall be punished as the legislature may provide. Sec. 7. No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor. Sec. 8. Veterans' bonus. The state may pay an adjusted compensation to persons who served in the armed forces of the United States during the period of the Vietnam conflict or the Persian Gulf War. Whenever authorized and in the amounts and on the terms fixed by law, the state may expend monies and pledge the public credit to provide money for the purposes of this section. The duration of the Vietnam conflict and the Persian Gulf War may be defined by law. [Amended, November 5, 1996] Sec. 9. Militia organization. The legislature shall pass laws necessary for the organization, discipline and service of the militia of the state. Sec. 10. Seat of government. The seat of government of the state is in the city of St. Paul. The legislature may provide by law for a change of the seat of government by a vote of the people, or may locate the same upon the land granted by Congress for a seat of government. If the seat of government is changed, the capitol building and grounds shall be dedicated to an institution for the promotion of science, literature and the arts to be organized by the legislature of the state. The Minnesota Historical Society shall always be a department of this institution. Sec. 11. State seal.A seal of the state shall be kept by the secretary of state and be used by him officially. It shall be called the great seal of the state of Minnesota. Sec. 12. Preservation of hunting and fishing.Hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. [Adopted, November 3, 1998] ARTICLE XIV PUBLIC HIGHWAY SYSTEM Section 1. Authority of state; participation of political subdivisions. The state may construct, improve and maintain public highways, may assist political subdivisions in this work and by law may authorize any political subdivision to aid in highway work within its boundaries. Sec. 2. Trunk highway system. There is hereby created a trunk highway system which shall be constructed, improved and maintained as public highways by the state. The highways shall extend as nearly as possible along the routes number 1 through 70 described in the constitutional amendment adopted November 2, 1920, and the routes described in any act of the legislature which has made or hereafter makes a route a part of the trunk highway system. The legislature may add by law new routes to the trunk highway system. The trunk highway system may not exceed 12,200 miles in extent, except the legislature may add trunk highways in excess of the mileage limitation as necessary or expedient to take advantage of any federal aid made available by the United States to the state of Minnesota. Any route added by the legislature to the trunk highway system may be relocated or removed from the system as provided by law. The definite location of trunk highways numbered 1 through 70 may be relocated as provided by law but no relocation shall cause a deviation from the starting points or terminals nor cause any deviation from the various villages and cities through which the routes are to pass under the constitutional amendment adopted November 2, 1920. The location of routes may be determined by boards, officers or tribunals in the manner prescribed by law. Sec. 3. County state-aid highway system. A county state-aid highway system shall be constructed, improved and maintained by the counties as public highways in the manner provided by law. The system shall include streets in municipalities of less than 5,000 population where necessary to provide an integrated and coordinated highway system and may include similar streets in larger municipalities. Sec. 4. Municipal state-aid street system. A municipal state-aid street system shall be constructed, improved and maintained as public highways by municipalities having a population of 5,000 or more in the manner provided by law. Sec. 5. Highway user tax distribution fund. There is hereby created a highway user tax distribution fund to be used solely for highway purposes as specified in this article. The fund consists of the proceeds of any taxes authorized by sections 9 and 10 of this article. The net proceeds of the taxes shall be apportioned: 62 percent to the trunk highway fund; 29 percent to the county state-aid highway fund; nine percent to the municipal state-aid street fund. Five percent of the net proceeds of the highway user tax distribution fund may be set aside and apportioned by law to one or more of the three foregoing funds. The balance of the highway user tax distribution fund shall be transferred to the trunk highway fund, the county state-aid highway fund, and the municipal state-aid street fund in accordance with the percentages set forth in this section. No change in the apportionment of the five percent may be made within six years of the last previous change. Sec. 6. Trunk highway fund. There is hereby created a trunk highway fund which shall be used solely for the purposes specified in section 2 of this article and the payment of principal and interest of any bonds issued under the authority of section 11 of this article and any bonds issued for trunk highway purposes prior to July 1, 1957. All payments of principal and interest on bonds issued shall be a first charge on money coming into this fund during the year in which the principal or interest is payable. Sec. 7. County state-aid highway fund. There is hereby created a county state-aid highway fund. The county state-aid highway fund shall be apportioned among the counties as provided by law. The funds apportioned shall be used by the counties as provided by law for aid in the construction, improvement and maintenance of county state-aid highways. The legislature may authorize the counties by law to use a part of the funds apportioned to them to aid in the construction, improvement and maintenance of other county highways, township roads, municipal streets and any other public highways, including but not limited to trunk highways and municipal state-aid streets within the respective counties. Sec. 8. Municipal state-aid street fund.There is hereby created a municipal state-aid street fund to be apportioned as provided by law among municipalities having a population of 5,000 or more. The fund shall be used by municipalities as provided by law for the construction, improvement and maintenance of municipal state-aid streets. The legislature may authorize municipalities to use a part of the fund in the construction, improvement and maintenance of other municipal streets, trunk highways, and county state-aid highways within the counties in which the municipality is located. Sec. 9. Taxation of motor vehicles. The legislature by law may tax motor vehicles using the public streets and highways on a more onerous basis than other personal property. Any such tax on motor vehicles shall be in lieu of all other taxes thereon, except wheelage taxes imposed by political subdivisions solely for highway purposes. The legislature may impose this tax on motor vehicles of companies paying taxes under the gross earnings system of taxation notwithstanding that earnings from the vehicles may be included in the earnings on which gross earnings taxes are computed. The proceeds of the tax shall be paid into the highway user tax distribution fund. The law may exempt from taxation any motor vehicle owned by a nonresident of the state properly licensed in another state and transiently or temporarily using the streets and highways of the state. Sec. 10. Taxation of motor fuel. The legislature may levy an excise tax on any means or substance used for propelling vehicles on the public highways of this state or on the business of selling it. The proceeds of the tax shall be paid into the highway user tax distribution fund. Sec. 11. Highway bonds. The legislature may provide by law for the sale of bonds to carry out the provisions of section 2. The proceeds shall be paid into the trunk highway fund. Any bonds shall mature serially over a term not exceeding 20 years and shall not be sold for less than par and accrued interest. If the trunk highway fund is not adequate to pay principal and interest of these bonds when due, the legislature may levy on all taxable property of the state in an amount sufficient to meet the deficiency or it may appropriate to the fund money in the state treasury not otherwise appropriated. [Amended, November 2, 1982] Sec. 12. Motor vehicle sales tax apportionment. Beginning with the fiscal year starting July 1, 2007, 63.75 percent of the revenue from a tax imposed by the state on the sale of a new or used motor vehicle must be apportioned for the transportation purposes described in section 13, then the revenue apportioned for transportation purposes must be increased by ten percent for each subsequent fiscal year through June 30, 2011, and then the revenue must be apportioned 100 percent for transportation purposes after June 30, 2011. [Adopted, November 7, 2006] Sec. 13. Motor vehicle sales tax allocation. The revenue apportioned in section 12 must be allocated for the following transportation purposes: not more than 60 percent must be deposited in the highway user tax distribution fund, and not less than 40 percent must be deposited in a fund dedicated solely to public transit assistance as defined by law. [Adopted, November 7, 2006]

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