This one is ready to go. JW 8/13/02 *** CSTART IA 08/03/1846 09/03/1857 *** CONSTITUTION OF IOWA 1846 *** ASTART 9001.0 IA 1846 *** *** SSTART 001.0 9001.0 0 IA 1846 *** We, the People of the Territory of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish, a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri - as established by the Constitution of that State, adopted June 12th, 1820 - crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river to the place of beginning. *** SEND *** *** AEND *** *** ASTART 001.0 IA 1846 *** ARTICLE 1 BILL OF RIGHTS *** SSTART 001.0 001.0 0 IA 1846 *** SECTION 1. All men are, by nature, free and independent, and have certain unalienable rights - among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. *** SEND *** *** SSTART 002.0 001.0 0 IA 1846 *** SECTION 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it. *** SEND *** *** SSTART 003.0 001.0 0 IA 1846 *** SECTION 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister or ministry. *** SEND *** *** SSTART 004.0 001.0 0 IA 1846 *** SECTION 4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion. *** SEND *** *** SSTART 005.0 001.0 0 IA 1846 *** SECTION 5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this State. *** SEND *** *** SSTART 006.0 001.0 0 IA 1846 *** SECTION 6. All laws of a general nature shall have a uniform operation. *** SEND *** *** SSTART 007.0 001.0 0 IA 1846 *** SECTION 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions, or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted. *** SEND *** *** SSTART 008.0 001.0 0 IA 1846 *** SECTION 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized. *** SEND *** *** SSTART 009.0 001.0 0 IA 1846 *** SECTION 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts. *** SEND *** *** SSTART 010.0 001.0 0 IA 1846 *** SECTION 10. In all criminal prosecutions, the accused shall have a right to a speedy trial by an impartial jury ; to be informed of the accusation against him; to be confronted with the witnesses against him; to have compulsory process for his own witnesses, and to have the assistance of a counsel. *** SEND *** *** SSTART 011.0 001.0 0 IA 1846 *** SECTION 11. No person shall be held to answer for a criminal offense, unless on presentment or indictment by a grand jury, except in cases cognizable before a justice of the peace, or arising in the army or navy, or in the militia, when in actual service, in time of war or public danger. *** SEND *** *** SSTART 012.0 001.0 0 IA 1846 *** SECTION 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. *** SEND *** *** SSTART 013.0 001.0 0 IA 1846 *** SECTION 13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it. *** SEND *** *** SSTART 014.0 001.0 0 IA 1846 *** SECTION 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years. *** SEND *** *** SSTART 015.0 001.0 0 IA 1846 *** SECTION 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law. *** SEND *** *** SSTART 016.0 001.0 0 IA 1846 *** SECTION 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. *** SEND *** *** SSTART 017.0 001.0 0 IA 1846 *** SECTION 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. *** SEND *** *** SSTART 018.0 001.0 0 IA 1846 *** SECTION 18. Private property shall not be taken for public use without just compensation. *** SEND *** *** SSTART 019.0 001.0 0 IA 1846 *** SECTION 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace. *** SEND *** *** SSTART 020.0 001.0 0 IA 1846 *** SECTION 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances. *** SEND *** *** SSTART 021.0 001.0 0 IA 1846 *** SECTION 21. No bill of attainer, ex-post-facto-law, or law impairing the obligation of contracts shall ever be passed. *** SEND *** *** SSTART 022.0 001.0 0 IA 1846 *** SECTION 22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native-born citizens. *** SEND *** *** SSTART 023.0 001.0 0 IA 1846 *** SECTION 23. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. *** SEND *** *** SSTART 024.0 001.0 0 IA 1846 *** SECTION 24. This enumeration of rights shall not be construed to impair or deny others, retained by the people. *** SEND *** *** AEND *** *** ASTART 002.0 IA 1846 *** ARTICLE 2 RIGHT OF SUFFRAGE *** SSTART 001.0 002.0 0 IA 1846 *** SECTION 1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote, twenty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. *** SEND *** *** SSTART 002.0 002.0 0 IA 1846 *** SECTION 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. *** SEND *** *** SSTART 003.0 002.0 0 IA 1846 *** SECTION 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. *** SEND *** *** SSTART 004.0 002.0 0 IA 1846 *** SECTION 4. No person in the military, naval or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State. *** SEND *** *** SSTART 005.0 002.0 0 IA 1846 *** SECTION 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. *** SEND *** *** SSTART 006.0 002.0 0 IA 1846 *** SECTION 6. All elections by the people shall be by ballot. *** SEND *** *** AEND *** *** ASTART 003.01 IA 1846 *** ARTICLE 3 OF THE DISTRIBUTION OF POWERS *** SSTART 001.0 003.01 0 IA 1846 *** SECTION 1. The powers of the government of Iowa shall be divided into three separate departments: The Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted. *** SEND *** *** AEND *** *** ASTART 003.02 IA 1846 *** LEGISLATIVE DEPARTMENT *** SSTART 001.0 003.02 0 IA 1846 *** SECTION 1. The legislative authority of this State shall be vested in a Senate and House of Representatives; which shall be designated the General Assembly of the State of Iowa; and the style of their laws shall commence in the following manner: "Be it enacted by the General Assembly of the State of Iowa." *** SEND *** *** SSTART 002.0 003.02 0 IA 1846 *** SECTION 2. The sessions of the General Assembly shall be biennial, and shall commence on the first Monday of December next ensuing the election of its members; unless the Governor of the State shall, in the interim, convene the General Assembly by proclamation. *** SEND *** *** SSTART 003.0 003.02 0 IA 1846 *** SECTION 3. The members of the House of Representatives shall be, chosen every second year, by the qualified electors of their respective districts, on the first Monday in August; whose term of office shall continue two years from the day of the general election. *** SEND *** *** SSTART 004.0 003.02 0 IA 1846 *** SECTION 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and have been an inhabitant of this State or Territory one year next preceding his election; and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. *** SEND *** *** SSTART 005.0 003.02 0 IA 1846 *** SECTION 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship. *** SEND *** *** SSTART 006.0 003.02 0 IA 1846 *** SECTION 6. The number of Senators shall not be less than one third, nor more than one half the representative body; and at the first session of the General Assembly, after this constitution takes effect, the Senators shall be divided by lot, as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one half shall be chosen every two years. *** SEND *** *** SSTART 007.0 003.02 0 IA 1846 *** SECTION 7. When the number of Senators is increased, they shall be annexed by lot to one of the two classes, so as to keep them as nearly equal in number as practicable. *** SEND *** *** SSTART 008.0 003.02 0 IA 1846 *** SECTION 8. Each House shall choose its own officers, and judge of the qualification, election and return of its own members. A contested election shall be determined in such manner as shall be directed by law. *** SEND *** *** SSTART 009.0 003.02 0 IA 1846 *** SECTION 9. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may provide. *** SEND *** *** SSTART 010.0 003.02 0 IA 1846 *** SECTION 10. Each House shall sit, upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behavior, and, with the consent of two thirds, expel a member, but not a second time for the same offense; and shall have all other owners necessary for a branch of the General Assembly of a free ans independent State. *** SEND *** *** SSTART 011.0 003.02 0 IA 1846 *** SECTION 11. Every member of the General Assembly shall have the 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 for his dissent entered on the journals; and the yeas and nays of the members of either House, on any question, at the desire of any two members present, be entered on the journals. *** SEND *** *** SSTART 012.0 003.02 0 IA 1846 *** SECTION 12. Senators and Representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during session of the General Assembly, and in going to and returning from the same. *** SEND *** *** SSTART 013.0 003.02 0 IA 1846 *** SECTION 13. When vacancies occur in either House, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancies. *** SEND *** *** SSTART 014.0 003.02 0 IA 1846 *** SECTION 14. The doors of each House shall be open, except on such occasion as, in the opinion of the House, may require secrecy. *** SEND *** *** SSTART 015.0 003.02 0 IA 1846 *** SECTION 15. 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. *** SEND *** *** SSTART 016.0 003.02 0 IA 1846 *** SECTION 16. Bills may originate in either House, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, altered, or rejected by the other; and every bill having passed both Houses, shall be signed by the Speaker and President of their respective Houses. *** SEND *** *** SSTART 017.0 003.02 0 IA 1846 *** SECTION 17. Every bill which shall have passed the General Assembly, shall, before it becomes a law, 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 originated, which shall enter the same upon the journal, and proceed to reconsider it: if, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two thirds of the members of each House present; it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within three days after it shall have been presented to him, (Sunday excepted), the same shall be a law in like manner as if he had signed it, unless the General Assembly, by adjournment, prevent such return. *** SEND *** *** SSTART 018.0 003.02 0 IA 1846 *** SECTION 18. An accurate statement of the receipts and expenditures of the public money, shall be attached to and published with the laws, at every regular session of the General Assembly. *** SEND *** *** SSTART 019.0 003.02 0 IA 1846 *** SECTION 19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. *** SEND *** *** SSTART 020.0 003.02 0 IA 1846 *** SECTION 20. The Governor, Secretary of State, Auditor, Treasurer and Judges of the Supreme and District Courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit, under this State, but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment, according to law. All other civil officers shall be tried for misdemeanors in office, in such manner as the General Assembly may provide. *** SEND *** *** SSTART 021.0 003.02 0 IA 1846 *** SECTION 21. No Senator or Representative shall, during the time for which be shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people. *** SEND *** *** SSTART 022.0 003.02 0 IA 1846 *** SECTION 22. No person holding any lucrative office under the United States, or this State, or any other power, shall be eligible to the General Assembly: Provided, that offices in the Militia, to which there is attached no annual salary, or the office of justice of the peace, or postmasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative. *** SEND *** *** SSTART 023.0 003.02 0 IA 1846 *** SECTION 23. 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 liable. *** SEND *** *** SSTART 024.0 003.02 0 IA 1846 *** SECTION 24. No money shall be drawn from the treasury but in consequence of appropriations made by law. *** SEND *** *** SSTART 025.0 003.02 0 IA 1846 *** SECTION 25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day, for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session; when convened in extra session by the governor, they shall receive such sums as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they travel, in going to and returning from their place of meeting, on the most usual route: Provided, however, That the members of the first General Assembly under this constitution shall receive two dollars per day, for their services during the entire session. *** SEND *** *** SSTART 026.0 003.02 0 IA 1846 *** SECTION 26. Every law shall embrace but one subject, which shall be expressed in the title. *** SEND *** *** SSTART 027.0 003.02 0 IA 1846 *** SECTION 27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State. *** SEND *** *** SSTART 028.0 003.02 0 IA 1846 *** SECTION 28. No divorce shall be granted by the General Assembly. *** SEND *** *** SSTART 029.0 003.02 0 IA 1846 *** SECTION 29. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed. *** SEND *** *** SSTART 030.0 003.02 0 IA 1846 *** SECTION 30. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator, (or Representative, as the case may be,) according to the best of my ability." And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation. *** SEND *** *** SSTART 031.0 003.02 0 IA 1846 *** SECTION 31. Within one year after the ratification of this constitution, and within every subsequent term of two years, for the term of eight, years, an enumeration of all the white inhabitants of this State shall be made, in such manner as shall be directed by law. The number of Senators and Representatives shall, at the first regular session of the General Assembly, after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each, and (The General Assembly) shall also, at every subsequent regular session, apportion the House of Representatives; and every other regular session the Senate for eight years; and the House of Representatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-nine nor exceeding seventy-two. *** SEND *** *** SSTART 032.0 003.02 0 IA 1846 *** SECTION 32. When a Congressional, Senatorial, or Representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial, or Representative district. *** SEND *** *** SSTART 033.0 003.02 0 IA 1846 *** SECTION 33. In all elections by the General Assembly, the members thereof shall vote viva voce; and the votes shall be entered upon the journal. *** SEND *** *** SSTART 034.0 003.02 0 IA 1846 *** SECTION 34. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dollars; Secretary of State five hundred dollars; Treasurer, four hundred dollars; Auditor, six hundred dollars; Judges of the Supreme and District Courts, each one thousand dollars. *** SEND *** *** AEND *** *** ASTART 004.0 IA 1846 *** ARTICLE 4 EXECUTIVE DEPARTMENT *** SSTART 001.0 004.0 0 IA 1846 *** 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 Iowa. *** SEND *** *** SSTART 002.0 004.0 0 IA 1846 *** SECTION 2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office. four years from the time of his installation, and until his successor shall be qualified. *** SEND *** *** SSTART 003.0 004.0 0 IA 1846 *** SECTION 3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years next preceding the election, and attained the age of thirty years, at the time of said election. *** SEND *** *** SSTART 004.0 004.0 0 IA 1846 *** SECTION 4. 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 in case any two or more have an equal and the highest number of votes, the General Assembly shall, by joint vote, choose one of said persons so having an equal and the highest number of votes, for Governor. *** SEND *** *** SSTART 005.0 004.0 0 IA 1846 *** SECTION 5. The Governor shall be commander-in-chief of the militia, the army and navy of this State. *** SEND *** *** SSTART 006.0 004.0 0 IA 1846 *** SECTION 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 007.0 004.0 0 IA 1846 *** SECTION 7. He shall see that the laws are faithfully executed. *** SEND *** *** SSTART 008.0 004.0 0 IA 1846 *** SECTION 8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the general assembly, or at the next election by the people. *** SEND *** *** SSTART 009.0 004.0 0 IA 1846 *** SECTION 9. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to both Houses, when assembled, the purpose for which they shall have been convened. *** SEND *** *** SSTART 010.0 004.0 0 IA 1846 *** SECTION 10. He shall communicate by message to the General Assembly at every session, the condition of the State and recommend such matters as he shall deem expedient. *** SEND *** *** SSTART 011.0 004.0 0 IA 1846 *** SECTION 11. In case of disagreement between the two Houses, with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next General Assembly. *** SEND *** *** SSTART 012.0 004.0 0 IA 1846 *** SECTION 12. No person shall, while holding any other office under the United States, or this State, execute the office Governor, except as hereinafter expressly provided. *** SEND *** *** SSTART 013.0 004.0 0 IA 1846 *** SECTION 13. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachment. *** SEND *** *** SSTART 014.0 004.0 0 IA 1846 *** SECTION 14. The Governor shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the time for which he shall have been elected. *** SEND *** *** SSTART 015.0 004.0 0 IA 1846 *** SECTION 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa. *** SEND *** *** SSTART 016.0 004.0 0 IA 1846 *** SECTION 16. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the great seal of this State, signed by the Governor, and countersigned by the Secretary of State. *** SEND *** *** SSTART 017.0 004.0 0 IA 1846 *** SECTION 17. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall be elected by the qualified electors, who shall continue in office two years. The Secretary of State shall keep a fair register of all the official acts of the Governor, and shall, when required, lay the same, together with all the papers, minutes, and vouchers thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law. *** SEND *** *** SSTART 018.0 004.0 0 IA 1846 *** SECTION 18. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled. *** SEND *** *** SSTART 019.0 004.0 0 IA 1846 *** SECTION 19. If, during the vacancy of the office of Governor, the Secretary of State shall be impeached, displaced, resign, die or be absent from the State, the powers and duties of the office of Governor shall devolve upon the President of the Senate; and should a vacancy occur by impeachment, death. resignation, or absence from the State of the President of the Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled. *** SEND *** *** AEND *** *** ASTART 005.0 IA 1846 *** ARTICLE 5 JUDICIAL DEPARTMENT *** SSTART 001.0 005.0 0 IA 1846 *** SECTION 1. The judicial power shall be vested in a Supreme Court, District Courts, and such inferior courts as the General Assembly may from time to time establish. *** SEND *** *** SSTART 002.0 005.0 0 IA 1846 *** SECTION 2. The Supreme Court shall consist of a Chief Justice, and two associates, two of whom shall be a quorum to hold court. *** SEND *** *** SSTART 003.0 005.0 0 IA 1846 *** SECTION 3. The Judges of the Supreme Court shall be elected by vote of both branches of the General Assembly, and shall hold their courts at such time and place as the General Assembly may direct, and hold their offices for six years, and until their successors are elected and qualified, and shall be ineligible to any other office during the term for which they may be elected. The Supreme Court shall have appellate jurisdiction only in all cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the General Assembly may by law prescribe. The Supreme Court may have power to issue all writs and process necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the judges of the Supreme Court shall be conservators of the peace throughout the State. *** SEND *** *** SSTART 004.0 005.0 0 IA 1846 *** SECTION 4. The District Court shall consist of a judge, who shall be elected by the qualified voters of the district in which he resides, at the (township) election, and hold his office for the term of five years, and until his successor is elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The District Court shall be a court of law and equity, and have jurisdiction in all civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. The Judges of the District Courts shall be conservators of the peace in their respective districts. The first session of the General Assembly shall divide the State into four districts, which may be increased as the exigencies require. *** SEND *** *** SSTART 005.0 005.0 0 IA 1846 *** SECTION 5. The qualified voters of each county shall, at the general election, elect one prosecuting attorney, and one clerk of the District Court, who shall be residents therein, and who shall hold their several offices for the term of four years, and until their successors are elected and qualified. *** SEND *** *** SSTART 006.0 005.0 0 IA 1846 *** SECTION 6. The style of all process shall be, "The State of Iowa" and all prosecutions shall be conducted in the name and by the authority of the same. *** SEND *** *** AEND *** *** ASTART 006.0 IA 1846 *** ARTICLE 6 MILITIA *** SSTART 001.0 006.0 0 IA 1846 *** SECTION 1. The militia of this State shall be composed of all able bodied white male citizens between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained, as the General Assembly may provide by law. *** SEND *** *** SSTART 002.0 006.0 0 IA 1846 *** SECTION 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace: Provided, That such person or persons shall pay an equivalent for such exemption in the same manner as other citizens. *** SEND *** *** SSTART 003.0 006.0 0 IA 1846 *** SECTION 3. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor. *** SEND *** *** AEND *** *** ASTART 007.0 IA 1846 *** ARTICLE 7 STATE DEBTS *** SSTART 001.0 007.0 0 IA 1846 *** SECTION 1. The General Assembly shall not in any manner create any debt or debts, liability, or liabilities, which shall singly, or in the aggregate, with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion or suppress insurrection, unless the same shall be authorized by some law for some single object or work to be distinctly specified therein; which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years of the time of the contracting thereof, and shall be irrepealable until the principal and the interest thereon shall be paid and discharged; but no such law shall take effect, until at a general election it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. *** SEND *** *** AEND *** *** ASTART 008.0 IA 1846 *** ARTICLE 8 INCORPORATIONS *** SSTART 001.0 008.0 0 IA 1846 *** SECTION 1. No corporate body shall hereafter be created, renewed or extended, with the privilege of making, issuing, or putting in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. The General Assembly of this state shall prohibit, by law, any person or persons, association, company, or corporation, from exercising the privileges of banking, or creating paper to circulate as money. *** SEND *** *** SSTART 002.0 008.0 0 IA 1846 *** SECTION 2. Corporations shall not be created in this state by special laws, except for political or municipal purposes; but the General Assembly shall provide by general laws, for the organization of all other corporations, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabilities and restrictions as shall be provided by law. The state shall not, directly or indirectly, become a stockholder in any corporation. *** SEND *** *** AEND *** *** ASTART 009.0 IA 1846 *** ARTICLE 9 EDUCATION AND SCHOOL LANDS *** SSTART 001.0 009.0 0 IA 1846 *** SECTION 1. The General Assembly shall provide for the election, by the people, of a Superintendent of Public Instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the General Assembly may direct. *** SEND *** *** SSTART 002.0 009.0 0 IA 1846 *** SECTION 2. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of Congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. 1841, and all estates of deceased persons, who may have died without leaving a will or heir, and also such percent as may be granted by Congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. *** SEND *** *** SSTART 003.0 009.0 0 IA 1846 *** SECTION 3. The General Assembly shall provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect. *** SEND *** *** SSTART 004.0 009.0 0 IA 1846 *** SECTION 4. The money which shall be paid by persons is an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly shall, from time to time, to provide by law. *** SEND *** *** SSTART 005.0 009.0 0 IA 1846 *** SECTION 5. The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this state, for the use of a university; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may hereafter demand, for the promotion of literature. the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university. *** SEND *** *** AEND *** *** ASTART 010.0 IA 1846 *** ARTICLE 10 AMENDMENTS TO THE CONSTITUTION *** SSTART 001.0 010.0 0 IA 1846 *** SECTION 1. If at any time the General Assembly shall think it necessary to revise or amend this constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for members of the General Assembly. In case a majority of the people vote in favor of a convention, the said General Assembly shall provide for an election of delegates to a convention, to be held within six months after the vote of the people in favor thereof. *** SEND *** *** AEND *** *** ASTART 011.0 IA 1846 *** ARTICLE 11 MISCELLANEOUS *** SSTART 001.0 011.0 0 IA 1846 *** SECTION 1. The jurisdiction of Justices of the Peace shall extend to all civil cases (except cases in chancery, and cases where the question of title to any real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars. *** SEND *** *** SSTART 002.0 011.0 0 IA 1846 *** SECTION 2. No new county shall be laid off hereafter, nor old county reduced to less contents than four hundred and thirty-two square miles. *** SEND *** *** SSTART 003.0 011.0 0 IA 1846 *** SECTION 3. The General Assembly shall not locate any of the public lands which have been or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. *** SEND *** *** AEND *** *** ASTART 012.0 IA 1846 *** ARTICLE 12 SCHEDULE *** SSTART 001.0 012.0 0 IA 1846 *** SECTION 1. That no inconvenience may arise from the change of a territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, contracts, claims and rights, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judiciary department under this constitution, be issued, under the authority the territory of Iowa, shall be as valid as if issued in the name of the state. *** SEND *** *** SSTART 002.0 012.0 0 IA 1846 *** SECTION 2. All the laws now in force in this territory, which are not repugnant to this constitution. shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assembly of this state. *** SEND *** *** SSTART 003.0 012.0 0 IA 1846 *** SECTION 3. All fines, penalties and forfeitures accruing to the territory of Iowa, shall accrue to the use of the state. *** SEND *** *** SSTART 004.0 012.0 0 IA 1846 *** SECTION 4. All recognizances heretofore taken, or which may hereafter be taken, before the organization of the judicial department under this constitution, shall remain valid, and shall pass to and may be prosecuted in the name of the State. And all bonds executed to the Governor of this territory, or to any other officer in his official capacity, shall pass over to the governor of the state, or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which may have arisen, or may arise, before the organization of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State. *** SEND *** *** SSTART 005.0 012.0 0 IA 1846 *** SECTION 5. All officers, civil and military, now holding their offices and appointments in this territory under tile authority of the United States, or under the authority of this territory shall continue to hold and execute their respective offices and appointments until superseded under this constitution. *** SEND *** *** SSTART 006.0 012.0 0 IA 1846 *** SECTION 6. The first general election under this constitution shall be held at such time as the governor of the territory, by proclamation may appoint, within three months after its adoption, for the election of a governor, two representatives in the Congress of the United States, (unless Congress shall provide for the election of one representative,) members of the General Assembly, and one auditor, treasurer and secretary of state. Said election shall be conducted in accordance with the existing laws of this territory: and said governor, representatives in the Congress of the United States, auditor, treasurer, and secretary of state duly elected at said election, shall continue to discharge the duties of their respective offices for the time prescribed by this constitution and until their successors are elected and qualified. The returns of said election shall be made in conformity to the existing laws of this territory. *** SEND *** *** SSTART 007.0 012.0 0 IA 1846 *** SECTION 7. Until the first enumeration of the inhabitants of this state, as directed by this constitution, the following shall be the apportionment of the General Assembly: The county of Jefferson, one Senator and three Representatives. The county of Lee shall be entitled to two Senators and five Representatives; The county of Van Buren, two Senators and four Representatives; The counties of Davis and Appanoose, one Senator and one Representative, jointly; The counties of Wapello and Monroe, one Senator jointly, and one Representative each; The counties of Marion, Polk, Dallas and Jasper, one Senator and two Representatives, jointly; The county of Des Moines, two Senators and four Representatives; The county of Henry, one Senator and three Representatives, The counties of Louisa and Washington, one Senator jointly, and one Representative each; The counties of Keokuk and Mahaska, one Senator jointly, and one Representative each; The counties of Muscatine, Johnson and Iowa, one Senator and one Representative jointly, and Muscatine one Representative, and Johnson and Iowa one Representative jointly; The counties of Scott and Clinton, one Senator jointly, and one Representative each; The counties of Cedar, Linn and Benton, one Senator jointly; the County of Cedar, one Representative. and the counties of Linn and Benton, one Representative jointly; The counties of Jackson and Jones, one Senator and two Representatives; The counties of Dubuque, Delaware, Clayton, Fayette, Buchanan, and Blackhawk, two Senators and two Representatives jointly; And any county attached to any county for judicial purposes, shall, unless otherwise provided for, be considered as forming part of such county for election purposes. *** SEND *** *** SSTART 008.0 012.0 0 IA 1846 *** SECTION 8. The first meeting of the General Assembly under this Constitution shall be at such times as the Governor of the territory may by proclamation appoint, within four months after its ratification by the people, in Iowa City, in Johnson county, which place shall be the seat of government of the State of Iowa, until removed by law. *** SEND *** *** AEND *** *** ASTART 9016.0 IA 1846 *** Done in convention at Iowa City, this eighteenth day of May, in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the United States of America, the seventieth. In testimony whereof, we have hereunto subscribed our names: ENOS LOWE, President. Attest: WM. THOMPSON, Secretary. *** AEND *** *** CEND ***