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sonable searches and seizures. The printing-presses to be free to every person. In all indictments for libels, the jury shall decide upon the law and the facts; that all courts shall be open; that no person arrested or confined in jail, shall be treated with unnecessary rigour; that all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great, and that excessive bail shall not be required. That the privilege of the right of habeas corpus shall not be suspended, unless in case of rebellion or invasion, nor then, unless the public safety require it. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made, and no conviction shall work corruption of blood, nor forfeiture of estate. The people to have a right to assemble together in a peaceable manner, to consult for the public good, to instruct their representatives, and apply to the legislature for a redress of grievances. The people to have a right to bear arms for the defence of themselves and the state; the military to be kept in strict subordination to the civil power; no soldier to be quartered in any house without the consent of the owner, in time of peace. The legislature not to grant any title of nobility, or hereditary distinction, nor to create any office, the appointment to which shall be for a longer term than good behaviour. Emigration from the state not to be prohibited. These rights are to remain for ever inviolable, and in order to guard against any encroachments thereon, are excepted out of the general powers of government.
The legislative authority is vested in a general assembly, consisting of a senate and house of representatives, both elected by the people. The number of representatives to be fixed by the general assembly, according to the number of white male inhabitants above twenty-one years of age in each county, and never to be less than twenty-five, nor greater than thirty-six, until the number of white male inhabitants, above twenty-one years of age, shall be 22,000; and after that takes place, in such ratio, that the whole number of representatives shall never be less than 36, nor exceed 100. An enumeration of the white male inhabitants, above the age of twenty-one years, to be made in the year 1820, and every subsequent term of five years. The representatives to be chosen annually by the qualified electors of each county respectively, on the first Monday of August. The qualifications of representatives are, to have attained the age of twenty-one years; to be a citizen of the United States, and an inhabitant of the state; to have resided within the limits of the county in which he is chosen, one year next preceding his election, and to have paid state or county taxes.
The senators to be chosen on the first Monday of August, for three years, by the qualified voters for representatives; to be divided into three classes, which are to be renewed in succession annually. The number of senators never to be less than one-third, nor more than one-half of the number of representatives. The qualifications of a senator are, 1. To have attained the age of twenty-five years. 2. To be a citizen of the United States, and to have resided two years, preceding the election, in the state, and the last twelve months in the county or district, unless absent on public business. 3. To have paid state or county tax. Two-thirds of each house constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members. The members of both houses to be privileged from arrest during the session of the general assembly, except in cases of treason, felony, or breach of the peace. Both houses to be open except in cases requiring secrecy. Bills may originate in either house, subject to alteration, amendment, or rejection in the other, except bills for raising revenue, which shall originate in the house of representatives. No person holding any office under the authority of the president of the United States, or of the state, except militia officers, are eligible to a seat in either branch of the general assembly, unless he resign his office previous to his election; nor can any member of either branch of the general assembly be eligible to any office during the time for which he is elected, the appointment of which is vested in the general assembly. An accurate statement of the receipts and expenditure of the public money to be published with the laws at every annual session of the general assembly. The governor and all civil officers of the state are liable to removal from office, on impeachment for, or conviction of treason, bribery, or other high crimes and misdemeanours; and to indictment, trial, judgment, and punishment, according to law. The general assembly meets on the first Monday in December.
The governor is chosen by the qualified electors, (on the first Monday in August, at the places where they respectively vote for representatives,) for the term of three years, and cannot hold this office longer than six years in any term of nine years. The qualifications are, 1. To be thirty years of age. 2. To have been a citizen of the United States ten years; and resided in the state five years next preceding his election, unless absent on public business. The salary of the governor neither to be increased nor diminished during the term for which he shall have been elected. He is commander-in-chief of the army and navy of the state, and of the militia, except when called into the service of the United States; but he is not to command in person, except advised so to do by a resolution of the general assembly. By and with the coru sent of the senate, he is authorized to appoint and commission all officers, the appointment of which is not otherwise directed by the constitution. He has power to fill up vacancies in offices, the appointment of which is vested in the governor and senate, or in the general assembly. To remit fines and forfeitures; grant reprieves and pardons, except in cases of impeachment; to convene the general assembly on extraordinary occasions; to approve and sign every bill, or to return it to the house with his objections for reconsideration. In case of death or resignation, his functions are exercised by the lieutenant-governor.
The secretary of state is chosen by the joint ballot of both houses of the general assembly, for the term of four years, and is commissioned by the governor. The treasurer and auditor for three years. A sheriff and coroner are elected in each county, by the qualified electors; they continue in office two years, and are not eligible more than four, in any term of six years. *
Judiciary.—The judicial power is vested in a supreme court, in circuit courts, and such other inferior courts as the general assembly may, from time to time, erect and establish. The supreme court to consist of three judges, any two of whom shall form a quorum,
* The constitution may be revised, amended, or changed by a convention, to be held every twelfth year for that purpose, if a majority of the qualified electors, at the general election of governor, vote in favour of this measure, (Art. 8.) Slavery or involuntary servitude can never be introduced into the state, except for the punishment of crimes, whereof the party shall have been duly convicted, and no indenture of any negro or mulatto hereafter made and executed, out of the bounds of this state, can be of any validity within the state.
By the «)th Article of the Constitution, the general assembly is authorized to grant lands for the support of seminaries and public schools; and, so soon as circumstances permit, they are to provide for a general system of education, ascending in a regular gradation from township schools to a state university, in which education shall be afforded gratis, and be open equally to all. The sums paid by persons as an equivalent for militia duty, and also penal fines, are to be applied to the support of county seminaries. In laying off a new county, the general assembly is to reserve, at least, 10 per cent, out of the proceeds of the sale of town lots, in the seat of justice of such county, for the use of a public library therein.
Article 10th prohibits the incorporation of any other banks than the state bank and its branches.