This constitution was done by Marcy Wilson It is ready to go. JW 2/24/05 *** CSTART MS 3/13/1868 11/01/1890 *** CONSTITUTION OF THE STATE OF MISSISSIPPI 1868 *** ASTART 9023.0 MS 1868 *** ORDINANCE *** SSTART 001.0 9023.0 0 MS 1868 *** SEC. 1. That no contracts shall be valid which in any manner abridge or affect the right of Franchise of either party; and any person or persons demanding such conditions shall, upon conviction thereof, before any court having competent jurisdiction, be disfranchised for the term of five years and pay a fine of not less than Five Hundred Dollars. *** SEND *** *** SSTART 002.0 9023.0 0 MS 1868 *** SEC. 2. Whoever shall dismiss from employment any person or persons, for having exercised the right of Franchise, or for offering to exercise such right, shall, on conviction, be fined not less than Two Hundred and Fifty Dollars and be disfranchised for the term of five years. *** SEND *** *** AEND *** *** ASTART 9001.0 MS 1868 *** PREAMBLE. To the end that Justice be established, public order maintained, and liberty perpetuated, we, the people of the State of Mississippi, grateful to Almighty God for the free exercise of the right to choose our own form of Government, do ordain this *** AEND *** *** ASTART 001.0 MS 1868 *** CONSTITUTION. ARTICLE I. BILL OF RIGHTS. *** SSTART 001.0 001.0 0 MS 1868 *** SEC. 1. All persons resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. *** SEND *** *** SSTART 002.0 001.0 0 MS 1868 *** SEC. 2. No person shall be deprived of life, liberty, or property, except by due process of the law. *** SEND *** *** SSTART 003.0 001.0 0 MS 1868 *** SEC. 3. The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it. *** SEND *** *** SSTART 004.0 001.0 0 MS 1832 *** SEC. 4. The freedom of speech and of the press shall be held sacred and in all indictments for libel the jury shall determine the law and the facts under the direction of the court. *** SEND *** *** SSTART 005.0 001.0 0 MS 1868 *** SEC. 5. No person's life or liberty shall be twice placed in jeopardy for the same offence. *** SEND *** *** SSTART 006.0 001.0 0 MS 1868 *** SEC. 6. The right of the people peaceably to assemble and petition the government on any subject, shall never be impaired. *** SEND *** *** SSTART 007.0 001.0 0 MS 1868 *** SEC. 7. In all criminal prosecutions the accused shall have a right to be heard by himself, or counsel, or both, to demand the nature and cause of the accusation to be confronted by the witnesses against him, to have a compulsory process for obtaining witnesses in his favor, and in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offence was committed; and he shall not be compelled to give evidence against himself. *** SEND *** *** SSTART 008.0 001.0 0 MS 1868 *** SEC. 8. Cruel or unusual punishment shall not be inflicted, nor shall excessive fines be imposed; excessive bail shall not be required, and all persons, shall before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident, or presumption great. *** SEND *** *** SSTART 009.0 001.0 0 MS 1868 *** SEC. 9. No ex post facto law, or laws impairing the obligation of contracts shall ever be passed. *** SEND *** *** SSTART 010.0 001.0 0 MS 1868 *** SEC. 10. Private property shall not be taken for public use, except upon due compensation first being made to the owner, or owners thereof in a manner to be provided for by law. *** SEND *** *** SSTART 011.0 001.0 0 MS 1868 *** SEC. 11. There shall be no imprisonment for debt. *** SEND *** *** SSTART 012.0 001.0 0 MS 1868 *** SEC. 12. The right of trial by jury shall remain inviolate. *** SEND *** *** SSTART 013.0 001.0 0 MS 1868 *** SEC. 13. No property qualification shall every be required of any person to become a juror. *** SEND *** *** SSTART 014.0 001.0 0 MS 1868 *** SEC. 14. The people shall be secure in their persons, houses and possessions, from unreasonable seizure, or search, and no warrant shall be issued without probable cause supported by oath or affirmation specially designating the place to be searched, and the person or thing to be seized. *** SEND *** *** SSTART 015.0 001.0 0 MS 1868 *** SEC. 15. All persons shall have a right to keep and bear arms for their defence. *** SEND *** *** SSTART 016.0 001.0 0 MS 1868 *** SEC. 16. The rights of married women shall be protected by law, in property owned previous to marriage; and also, in all property acquired in good faith by purchase, gift, devise or bequest, after marriage; Provided, That nothing herein contained shall be so construed as to protect said property from being applied to the payment of their lawful debts. *** SEND *** *** SSTART 017.0 001.0 0 MS 1868 *** SEC. 17. No property qualification for eligibility to office shall ever be required. *** SEND *** *** SSTART 018.0 001.0 0 MS 1868 *** SEC. 18. No property or educational qualification shall every be required for any person to become an elector. *** SEND *** *** SSTART 019.0 001.0 0 MS 1868 *** SEC. 19. There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. *** SEND *** *** SSTART 020.0 001.0 0 MS 1868 *** SEC. 20. The right to withdraw from the Federal Union on account of any real or supposed grievance shall never be assumed by this State, nor shall any law be passed in derogation of the paramount allegiance of the citizens of this State to the Government of the United States. *** SEND *** *** SSTART 021.0 001.0 0 MS 1868 *** SEC. 21. No public money or moneys shall be appropriated for any charitable or other public institutions in this State making any distinction among the citizens thereof; Provided, That nothing herein contained, shall be so construed as to prevent the Legislature from appropriating the school fund in accordance with the article in this Constitution relating to public schools. *** SEND *** *** SSTART 022.0 001.0 0 MS 1868 *** SEC. 22. No distinction shall ever be made by law between citizens and alien friends in reference to the possession, enjoyment or descent of property. *** SEND *** *** SSTART 023.0 001.0 0 MS 1868 *** SEC. 23. No religious test as a qualification for office shall every be required, and no preference shall every be given by law to any religious sect or mode of worship, but the free enjoyment of all religious sentiments, and the different modes or worship shall ever be held sacred; Provided, The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and the safety of the State. *** SEND *** *** SSTART 024.0 001.0 0 MS 1868 *** SEC. 24. The right of all citizens to travel upon all public conveyances shall not be infringed upon, nor in any manner abridged in this State. *** SEND *** *** SSTART 025.0 001.0 0 MS 1868 *** SEC. 25. The military shall be in strict subordination to the civil power. *** SEND *** *** SSTART 026.0 001.0 0 MS 1868 *** SEC. 26. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. *** SEND *** *** SSTART 027.0 001.0 0 MS 1868 *** SEC. 27. No person's life shall be perilled by the practice of duelling, and any person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or, to out of the State to fight a duel, shall be disqualified from holding any office under this Constitution, and shall forever be disfranchised in this State. *** SEND *** *** SSTART 028.0 001.0 0 MS 1868 *** SEC. 28. 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. *** SEND *** *** SSTART 029.0 001.0 0 MS 1868 *** SEC. 29. No person shall ever be elected or appointed to any office in this State, for life, or during good behavior, but the term of all offices shall be for some specified period. *** SEND *** *** SSTART 030.0 001.0 0 MS 1868 *** SEC. 30. 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 or both. *** SEND *** *** SSTART 031.0 001.0 0 MS 1868 *** SEC. 31. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when in actual service, or by leave of the court, for misdemeanor in office; Provided, That the legislature in cases of petit larceny, assaults, assault and batter, affray, riot, unlawful assembly, drunkenness, vagrancy, and other misdemeanors of like character, may dispense with an inquest of a Grand Jury, and may authorize prosecutions before justices of the peace, or such other inferior court or courts as may be established by the legislature, and the proceedings in such cases shall be regulated by law. *** SEND *** *** SSTART 032.0 001.0 0 MS 1868 *** SEC. 32. The enumeration of rights in this Constitution shall not be construed to deny or impair others retained by and inherent in the people. *** SEND *** *** AEND *** *** ASTART 002.0 MS 1868 *** ARTICLE II. BOUNDARIES OF THE STATE. The limits and boundaries of the State of Mississippi shall remain as now established by law. *** AEND *** *** ASTART 003.0 MS 1868 *** ARTICLE III. DISTRIBUTION OF POWERS. *** SSTART 001.0 003.0 0 MS 1868 *** SEC. 1. The powers of government of the State of Mississippi 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 Judicial to another; and those which are Executive to another. *** SEND *** *** SSTART 002.0 003.0 0 MS 1868 *** SEC. 2. No person or collection of persons being of one of these departments, shall exercise any power properly belonging to either of the others except in the instances hereinafter expressly directed or permitted. *** SEND *** *** AEND *** *** ASTART 004.0 MS 1868 *** ARTICLE IV. Legislative Department. *** SSTART 001.0 004.0 0 MS 1868 *** SEC. 1. The Legislative power of this State shall be vested in the Legislature, which shall consist of a Senate and House of Representatives. *** SEND *** *** SSTART 002.0 004.0 0 MS 1868 *** SEC. 2. The House of Representatives shall consist of members to be chosen every second year by the qualified electors of the several counties. *** SEND *** *** SSTART 003.0 004.0 0 MS 1868 *** SEC. 3. No person shall be a member of the House of Representative who shall not be an elector under this Constitution; and who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent. *** SEND *** *** SSTART 004.0 004.0 0 MS 1868 *** SEC. 4. The Senate shall consist of members to be chosen every four years by the qualified electors of the several districts. *** SEND *** *** SSTART 005.0 004.0 0 MS 1868 *** SEC. 5. No person shall be a Senator who shall not have attained the age of twenty-five years, who shall not have been an inhabitant of the State one year, and who shall not have an actual residence in the district he may be chosen to represent. *** SEND *** *** SSTART 006.0 004.0 0 MS 1868 *** SEC. 6. The political year shall begin on the first Monday of January, and the Legislature shall meet annually on the first Tuesday after first Monday in January, at the seat of government, unless sooner convened by the Governor, until altered by law. *** SEND *** *** SSTART 007.0 004.0 0 MS 1868 *** SEC. 7. All general elections shall be by ballot, and shall commence and be holden every two years, on the first Tuesday after the first Monday in November, until altered by law; and the electors, in all cases except in cases of treason, felony, and breach of the peace, shall be privileged from arrest during their attendance on elections, and in going to and returning therefrom. *** SEND *** *** SSTART 008.0 004.0 0 MS 1868 *** SEC. 8. Election for members of the Legislature shall be held in several counties and districts as shall be provided by law. *** SEND *** *** SSTART 009.0 004.0 0 MS 1868 *** SEC. 9. The Governor shall issue writs of election to fill such vacancies as may occur in either House of the Legislature, and the persons thereupon chosen shall hold their seats for the unexpired term. *** SEND *** *** SSTART 010.0 004.0 0 MS 1868 *** SEC. 10. Each house shall appoint its own officers, and shall judge of the qualifications, returns and election of its own members. *** SEND *** *** SSTART 011.0 004.0 0 MS 1868 *** SEC. 11. The State shall choose a President pro tempore, to act in the absence or disability of the Lieutenant Governor. *** SEND *** *** SSTART 012.0 004.0 0 MS 1868 *** SEC. 12. A majority of each house shall constitute a quorum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house shall provide. *** SEND *** *** SSTART 013.0 004.0 0 MS 1868 *** SEC. 13. Neither house 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. *** SEND *** *** SSTART 014.0 004.0 0 MS 1866 *** SEC. 14. Each house may determined rules of its own proceedings, punish its members for disorderly behavior; and with the concurrence of two-thirds of the members present, expel a member; but no member shall be expelled a second time for the same offense. They shall each, from time to time, publish a journal of the proceedings, except such parts as may, in their opinion, require secrecy, and the yeas and nays on any question shall be entered on the journal at the request of one-tenth of the members present; Provided, That the yeas and nays shall always be entered on the journal on the passage of a bill appropriating money. *** SEND *** *** SSTART 015.0 004.0 0 MS 1868 *** SEC. 15. The doors of each house, when in session, or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish by fine and imprisonment any person not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in their presence or in any way disturb their deliberations during the session; but such imprisonment shall not extend beyond the final adjournment of that session. *** SEND *** *** SSTART 016.0 004.0 0 MS 1868 *** SEC. 16. No person liable for public moneys unaccounted for shall be eligible to a seat in either House of the Legislature, or to any office of profit or trust until he shall have accounted for and paid overall sums for which he may have been liable. *** SEND *** *** SSTART 017.0 004.0 0 MS 1868 *** SEC. 17. No person shall be eligible to any office of profit or trust, nor shall he be permitted to exercise the right of suffrage within this State, who shall have been convicted of bribery, perjury or other infamous crimes. *** SEND *** *** SSTART 018.0 004.0 0 MS 1868 *** SEC. 18. Any person who shall have been convicted of giving or offering directly or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of any person to office shall on conviction thereof be disqualified from being an elector, or holding any office of profit, or trust under the laws of this State. *** SEND *** *** SSTART 019.0 004.0 0 MS 1868 *** SEC. 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 Legislature, and for fifteen days before the commencement and after the termination of each session. *** SEND *** *** SSTART 020.0 004.0 0 MS 1868 *** SEC. 20. The members of the Legislature shall severally receive from the pulic treasury compensation for their services, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made. *** SEND *** *** SSTART 021.0 004.0 0 MS 1868 *** SEC. 21. The Legislature shall direct by law in what courts and in what manner suits may be brought against the State. *** SEND *** *** SSTART 022.0 004.0 0 MS 1868 *** SEC. 22. The Legislature shall not have power to pass any bill of divorce; but may prescribe by law the manner in which cases shall be investigated in the courts of justice, and divorces granted. *** SEND *** *** SSTART 023.0 004.0 0 MS 1868 *** SEC. 23. Bills may originate in either House, and be amended of rejected in the other; and every bill shall be read on three different days, in each house, unless two-thirds of the house where the same is pending, shall dispense with the rules; and every bill having passed both Houses, shall be signed by the President of the Senate and the Speaker of the House of Representatives, in open session. *** SEND *** *** SSTART 024.0 004.0 0 MS 1868 *** SEC. 24. Every bill which has passed both Houses, shall be presented to the Governor of the State. If he approves, he shall sign it, but if he does not approve, he shall return it with his objections, to the House in which it originated, who shall enter the objections at large upon their journal, and proceed to re-consider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, with the ovjections, to the other House, by which, likewise, it shall be reconsidered, and if approved by two-thirds of that House, it shall become a law; but in all such cases the vote 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 on the journal of each House respectively. If any bill shall not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, it shall be a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevented its return, in which case it shall be a law, unless sent back within three days after its next meeting. *** SEND *** *** SSTART 025.0 004.0 0 MS 1868 *** SEC. 25. 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 two-thirds of both Houses according to the rules of limitation prescribed in all cases of a bill. *** SEND *** *** SSTART 026.0 004.0 0 MS 1868 *** SEC. 26. No money shall be drawn from the treasury except on appropriation made by law. *** SEND *** *** SSTART 027.0 004.0 0 MS 1868 *** SEC. 27. The House of Representatives shall have the sole power of impeachment, but two- thirds of all the members present must concur therein. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon oath or affirmation, bot do justice according to law and evidence. *** SEND *** *** SSTART 028.0 004.0 0 MS 1868 *** SEC. 28. The Governor and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. *** SEND *** *** SSTART 029.0 004.0 0 MS 1868 *** SEC. 29. When the Governor shall be tried, the Chief Justice of the Supreme Court shall preside, and no person shall be convicted without he concurrence of two-thirds of all the Senators present. *** SEND *** *** SSTART 030.0 004.0 0 MS 1868 *** SEC. 30. Judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. *** SEND *** *** SSTART 031.0 004.0 0 MS 1868 *** SEC. 31. For reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall, on the joint address of two-thirds of each branch of the Legislature, remove from office the Judges of the Supreme and Inferior Courts; provided the cause or causes of removal be spread on the journal, and the party charged be notified of the same before the vote is finally taken and decided, and shall have an opportunity to be heard by himself or counsel, or both. *** SEND *** *** SSTART 032.0 004.0 0 MS 1868 *** SEC. 32. The style of the laws of the State shall be: "Be it enacted by the Legislature of the State of Mississippi." *** SEND *** *** SSTART 033.0 004.0 0 MS 1868 *** SEC. 33. The Legislature shall provide for the enumeration of the whole number of inhabitants, and of the qualified electors of the State, once in every ten years; and the first enumeration shall be ordered at the first meeting of the Legislature under this Constitution. *** SEND *** *** SSTART 034.0 004.0 0 MS 1868 *** SEC. 34. The number of representatives shall, at the several periods, of making such enumeration, be apportioned among the several counties or districts, according to the number of qualified electors in each, and shall not be less than one hundred, nor more than one hundred and twenty. *** SEND *** *** SSTART 035.0 004.0 0 MS 1868 *** SEC. 35. The number of Senators, shall upon each enumeration made, be apportioned according to the number of qualified electors in the several districts, and shall never be less than one-fourth, nor more than one-third the whole number of Representatives. *** SEND *** *** SSTART 036.0 004.0 0 MS 1868 *** SEC. 36. The Senators on being convened after the first election, shall be divided by lot from their respective Congressional Districts into two classes, as nearly equal as can be, and the seats of the first class shall be vacated at the expiration of the second year. *** SEND *** *** SSTART 037.0 004.0 0 MS 1868 *** SEC. 37. The Legislature shall provide for the organization of new counties, locating county seats, and changing county lines; but no county shall be organized, nor the lines of any county changed so as to include an area of less than four hundred, nor more than six hundred and twenty-vie square miles. *** SEND *** *** SSTART 038.0 004.0 0 MS 1868 *** SEC. 38. No Senator or Representative, during the term for which he was elected, shall be appointed to any office of profit under this State, which shall have been created, or the emoluments of which have been increased during the time such Senator or Representative was in office except to such offices as may be filled by an election of the people. *** SEND *** *** SSTART 039.0 004.0 0 MS 1868 *** SEC. 39. The Legislature shall provide by law for determining contested elections. *** SEND *** *** AEND *** *** ASTART 005.0 MS 1868 *** ARTICLE V. EXECUTIVE. *** SSTART 001.0 005.0 0 MS 1868 *** SEC. 1. The chief executive power of the State shall be vested in a Governor, who shall hold his office for four years. *** SEND *** *** SSTART 002.0 005.0 0 MS 1868 *** SEC. 2. The Governor shall be elected by the qualified electors of the State. The returns of every election for Governor shall be sealed up and transmitted to the seat of Government, directed to the Secretary of the State, who shall deliver them to the Speaker of the House of Representatives at the next ensuing session of the Legislature, during the first week of which session the said Speaker shall open and publishe them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes then one of them shall be chosen Governor by the joint ballot of both Houses of the Legislature. Contested elections for Governor shall be determined by both Houses of the Legislature in such manner as shall be prescribed by law. *** SEND *** *** SSTART 003.0 005.0 0 MS 1868 *** SEC. 3. The Governor shall be at least thirty years of age, and shall have been a citizen of the United States twenty years, shall have resided in this State two years next preceding the day of his election. *** SEND *** *** SSTART 004.0 005.0 0 MS 1868 *** SEC. 4. He shall receive for his service such compensation as shall be provided by law. *** SEND *** *** SSTART 005.0 005.0 0 MS 1868 *** SEC. 5. He shall be Commander-in-Chief of the Army and Navy of the State, and of the Militia, except when they shall be called into the service of the United States. *** SEND *** *** SSTART 006.0 005.0 0 MS 1868 *** SEC. 6. He may require information, in writing, from the officers in the Executive Department, on any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 007.0 005.0 0 MS 1868 *** SEC. 7. He may, in cases of emergency, convene the Legislature at the seat of Government, or at a different place, if that shall have become dangerous from an enemy, or from disease; and in case of disagreement between the two Houses with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next states meeting of the Legislature. *** SEND *** *** SSTART 008.0 005.0 0 MS 1868 *** SEC. 8. He shall, from time to time, give the Legislature information of the state of the Government, and recommend to their consideration such measures as he may deem necessary and expedient. *** SEND *** *** SSTART 009.0 005.0 0 MS 1868 *** SEC. 9. It shall be his duty to see that the laws are faithfully executed. *** SEND *** *** SSTART 010.0 005.0 0 MS 1868 *** SEC. 10. In all criminal and penal cases, except in those of treason and impeachment, he shall have the power to grant reprieves and pardons, and remit fines, and in cases of forfeiture to stay the collection until the end of the next session of the Legislature, and to remit forfeitures by and with the consent of the Senate. In cases of treason he shall have power to grant reprieves by and with the consent of the Senate, but may respite the sentence until the end of the next session of the Legislature. *** SEND *** *** SSTART 011.0 005.0 0 MS 1868 *** SEC. 11. There shall be a seal of the State kept by the Governor, and used by him officially, and be called the Great Seal of the State, of Mississippi. *** SEND *** *** SSTART 012.0 005.0 0 MS 1868 *** SEC. 12. All commissions shall be in the name and by the authority of the State of Mississippi, be sealed with the great seal of State, and signed by the Governor, and be attested the Secretary of State. *** SEND *** *** SSTART 013.0 005.0 0 MS 1868 *** SEC. 13. All vacancies not provided for in this Constitution shall be filled in such manner as the Legislature may provide. *** SEND *** *** SSTART 014.0 005.0 0 MS 1868 *** SEC. 14. There shall be a Lieutenant Governor, who shall be elected at the same time, in the same manner, and for the same term, and shall possess the same qualifications as the Governor. *** SEND *** *** SSTART 015.0 005.0 0 MS 1868 *** SEC. 15. He shall, by virtue of his office, be President of the Senate. In Committee of the Whole he may debate on all questions, and when there is an equal division by the Senate, or on a joint vote of both Houses, he shall give the casting vote. *** SEND *** *** SSTART 016.0 005.0 0 MS 1868 *** SEC. 16. He shall receive for his services such compensation as may be provided by law. *** SEND *** *** SSTART 017.0 005.0 0 MS 1868 *** SEC. 17. When the office of Governor shall become vacant by death or otherwise, the Lieutenant Governor shall possess the powers and discharge the duties of said office, and receive the same compensation as the Governor, during the remainder of said term. When the Governor shall be absent from the State, or unable from protracted illness, to perform the duties of his office, the Lieutenant Governor shall discharge the duties of said office, and receive said compensation, until the Governor be able to resume his duties, but if from disability or otherwise, the Lieutenant Governor shall be incapable of performing such duties, or if he be absent from the State, then the Speaker of the House of Representatives shall assume the office of Governor and perform said duties, and receive the same compensation as the Governor, and in case of the liability of the foregoing officers to discharge the duties of Governor, the Secretary of State shall convene the Senate to elect a President pro tempore. *** SEND *** *** SSTART 018.0 005.0 0 MS 1868 *** SEC. 18. In case the election for Lieutenant Governor shall be contested, it shall be decided in the same manner as that of the Governor. *** SEND *** *** SSTART 019.0 005.0 0 MS 1868 *** SEC. 19. The Secretary of State shall be elected by the qualified electors of the State shall be at least twenty-five years of age and a citizen of the State one year next preceding the day of his election, and shall continue in office during the term of four years, he shall keep a correct register of all the official acts and proceedings of the Governor; and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before the Legislature, and shall perform such other duties as may be required by law. *** SEND *** *** SSTART 020.0 005.0 0 MS 1868 *** SEC. 20. A State Treasurer and Auditor of Public Accounts, shall be elected by the qualified electors of the State, who shall hold their offices for the term of four years, unless sooner removed, and shall possess the same qualifications as the Secretary of State; and together with the last named officer, shall receive such compensation as may be provided by law. *** SEND *** *** SSTART 021.0 005.0 0 MS 1868 *** SEC. 21. A Sheriff, Coroner, Treasurer, Assessor and Surveyor, shall be elected in each county by the qualified electors thereof, who shall hold their offices for two years unless sooner removed. *** SEND *** *** SSTART 022.0 005.0 0 MS 1868 *** SEC. 22. All officers named in this article shall hold their offices during the term for which they were elected, unless removed by impeachment or otherwise, and until their successors shall be duly qualified to enter on the discharge of their separate duties. *** SEND *** *** AEND *** *** ASTART 006.0 MS 1868 *** ARTICLE VI. JUDICIARY. *** SSTART 001.0 006.0 0 MS 1868 *** SEC. 1. The Judicial power of the State shall be vested in a Supreme Court, and such other courts of law and equity as are hereafter provided for in the Constitution. *** SEND *** *** SSTART 002.0 006.0 0 MS 1868 *** SEC. 2. The Supreme Court, shall consist of three Judges, who shall be appointed by the Governor, by and with the advice and consent of the Senate, any two of whom, when convened, shall form a quorum. The Legislature shall divide the State into three Districts; and the Governor, by and with the advice and consent of the Senate, shall appoint one Judge for each District. *** SEND *** *** SSTART 003.0 006.0 0 MS 1868 *** SEC. 3. The office of one of said Judges shall be vacated in three years; one in six years, and one in nine years, so that at the expiration of every three years, one of said Judges shall be appointed as aforesaid. The term of office of the Judges of the Supreme Court shall be nine years. *** SEND *** *** SSTART 004.0 006.0 0 MS 1868 *** SEC. 4. The Supreme Court shall have no jurisdiction but such as properly belongs to a Supreme Court. *** SEND *** *** SSTART 005.0 006.0 0 MS 1868 *** SEC. 5. All vacancies which may occur in said Court, from death, resignation, or removal, shall be filled by appointment, as aforesaid; provided, however, that if a vacancy shall occur during the recess of the Legislature, the Governor shall appoint a successor, who shall hold his office until the next meeting of the Legislature. *** SEND *** *** SSTART 006.0 006.0 0 MS 1868 *** SEC. 6. No person shall be eligible to the office of Judge of the Supreme Court who shall not have attained the age of thirty years at the time of his appointment, and who shall not have been for two years immediately preceding a citizen of the State. *** SEND *** *** SSTART 007.0 006.0 0 MS 1868 *** SEC. 7. The Supreme Court shall be held twice in each year, at the seat of Government, at such times as the Legislature may prescribe. *** SEND *** *** SSTART 008.0 006.0 0 MS 1868 *** SEC. 8. Immediately upon the first appointment of Judges, as aforesaid, the Governor, in the presence of, and with the assistance of the President of the Senate and Secretary of State, shall determine by lot, which of said Judges, shall serve for the term of three years, and which shall serve for the term of six years, and which shall serve for the term of nine years; and it shall be the duty of the Governor to issue commission accordingly. *** SEND *** *** SSTART 009.0 006.0 0 MS 1868 *** SEC. 9. No Judge of said Court shall sit on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, except by the consent of the Judges and of the parties, and whenever a quorum of said Court are situated as aforesaid, the Governor of the State shall, in such cases, especially commission two or more men of law knowledge, for the determination thereof. *** SEND *** *** SSTART 010.0 006.0 0 MS 1868 *** SEC. 10. The Judges of said Court shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. *** SEND *** *** SSTART 011.0 006.0 0 MS 1868 *** SEC. 11. The Judges of the Circuit Court shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold their office for the term of six years. *** SEND *** *** SSTART 012.0 006.0 0 MS 1868 *** SEC. 12. No person shall be eligible to the office of Judge of the Circuit Court, who shall not, at te time of his appointment, have attained the age of twenty-six years, and shall have been two years a citizen of the State. *** SEND *** *** SSTART 013.0 006.0 0 MS 1868 *** SEC. 13. The State shall be divided into convenient Judicial Districts. *** SEND *** *** SSTART 014.0 006.0 0 MS 1868 *** SEC. 14. Circuit Courts shall have original jurisdiction in all matters, civil and criminal, within this State; but in civil cases, only, when the principal of the amount in controversy exceeds one hundred and fifty dollars. *** SEND *** *** SSTART 015.0 006.0 0 MS 1868 *** SEC. 15. A Circuit Court shall be held at least twice in each year, and the Judges of said Courts may interchange circuits with each other, in such manner as may be prescribed by law, and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. *** SEND *** *** SSTART 016.0 006.0 0 MS 1868 *** SEC. 16. Chancery Courts shall be established in each county in the State, with full jurisdiction in all matters of equity, and of divorce and alimony; in matters testamentary, and of administration in minor's business, and allotment of dower, and in cases of idiocy, lunacy, and persons non-compotes mentis. *** SEND *** *** SSTART 017.0 006.0 0 MS 1868 *** SEC. 17. The Legislature shall divide the State into a convenient number of Chancery Districts, to be composed of not more than four counties. Chancellors shall be appointed in the same manner as the Judges of Circuit Courts. Their qualifications shall be regulated by law, and they shall hold their office for the term of four years. They shall hold a court in each county at least four times in each year, and shall receive such compensation as may be provided by law. *** SEND *** *** SSTART 018.0 006.0 0 MS 1868 *** SEC. 18. The style of all process shall be, "The State of Mississippi," and all prosecutions shall be carried on in the name and by the authority of "The State of Mississippi," and shall conclude "against the peace and dignity of the same." *** SEND *** *** SSTART 019.0 006.0 0 MS 1868 *** SEC. 19. The Clerk of the Supreme Court shall be appointed by said Court, for the term of four years, and the Clerk of the Circuit Court, and the Clerk of the Chancery Court, shall be elected by the qualified voters of their several counties, and shall hold their office for the term of four years, and the Legislature shall provide by law, what duties shall be performed by the Clerks of the Circuit and Chancery Courts, during vacation, subject to the approval of the Court. *** SEND *** *** SSTART 020.0 006.0 0 MS 1868 *** SEC. 20. The qualified electors of each county shall elect five persons, by districts, for the term of two years, who shall constitute a Board of Supervisors for each county, a majority of whom may transact business, which body shall have full jurisdiction over roads, ferries, and brieges, and shall order all county elections, to fill vacancies that may arise in the offices of their respective counties, and perform such other duties as shall be provided by law. The Clerk of the Chancery Court of each county shall be the Clerk of such Board of Supervisors. *** SEND *** *** SSTART 021.0 006.0 0 MS 1868 *** SEC. 21. No person shall be eligible as a member of said Board who shall not have resided one year in the county, but this qualification shall not extend to such new counties as may hereafter be established until one year after their organization, and all vacancies that may occur in said Board shall be supplied by election as aforesaid, to the unexpired term. *** SEND *** *** SSTART 022.0 006.0 0 MS 1868 *** SEC. 22. Judges of all the Courts of this State, and all other civil officers, shall, by virtue of their office, be conservators of the peace, and shall be, by law, vested with ample powers in that respect. *** SEND *** *** SSTART 023.0 006.0 0 MS 1868 *** SEC. 23. A competent number of Justices of the Peace and Constables shall be chosen in each county by the qualified electors thereof by districts, who shall hold their office for the term of two years . The jurisdiction of Justices of the Peace shall be limited to causes in which the principal of the amount in controversy shall not exceed the sum of one hundred and fifty dollars. In all causes tried by a Justice of the Peace, the right of appeal shall be secured, under such rules and regulations as shall be prescribed by law. *** SEND *** *** SSTART 024.0 006.0 0 MS 1868 *** SEC. 24. The Legislature shall from time to time, establish such other inferior Courts as may be necessary, and abolish the same whenever they shall deem it expedient. *** SEND *** *** SSTART 025.0 006.0 0 MS 1868 *** SEC. 25. There shall be an Attorney General elected by the qualified electors of the State, and a competent number of District Attorneys shall be elected by the qualified electors of the respective districts whose term of service shall be four years, and whose duties and compensation shall be prescribed by law. *** SEND *** *** SSTART 026.0 006.0 0 MS 1868 *** SEC. 26. Clerks, Sheriffs, and other county officers, for willful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by Grand Jury, and trial by Petit Jury, and upon conviction shall be removed from office. *** SEND *** *** AEND *** *** ASTART 007.0 MS 1868 *** ARTICLE VII. FRANCHISE. *** SSTART 001.0 007.0 0 MS 1868 *** SEC. 1. All elections by the people shall be by ballot. *** SEND *** *** SSTART 002.0 007.0 0 MS 1868 *** SEC. 2. All male inhabitants of this State except idiots and insane persons, and Indians, not taxed, citizens of the United States, or naturalized, twenty-one years old and upwards, who have resided in this State six months, and in the county one month next preceding the day of election, at which said inhabitant offers to vote, and who are duly registered according to the requirements of section three of this article, and who are not disqualified by reason of any crime, are declared to be qualified electors. *** SEND *** *** SSTART 003.0 007.0 0 MS 1868 *** SEC. 3. The Legislature shall provide, by law, for the registration of all persons entitled to vote at any election, and all persons entitled to register shall take and subscribe to the following oath or affirmation: "I ........................................ do solemnly swear (or affirm) , in the presence of Almighty God, that I am twenty-one years old, that I have resided in this State six months, and in ....................................... county one month; that I will faithfully support and obey the Constitution and laws of the United States, and of the State of Mississippi, and will bear true faith and allegiance to the same; that I am not disfranchised in any of the provisions of the acts known as the reconstruction acts of the 39th and 40th Congress, and that I admit the political and civil equality of all men, so help me God;" Provided, That if Congress shall, at any time, remove the disabilities of any person disfranchised in the said reconstruction acts of the said 39th and 40th Congress, (and the Legislature of this State shall concur therein,) then so much of this oath, and so much only, as refers to the said reconstruction acts, shall not be required of such person, so pardoned, to entitle him to be registered. *** SEND *** *** SSTART 004.0 007.0 0 MS 1868 *** SEC. 4. No person shall be eligible to any office of profit or trust, or to any office in the militia of this State, who is not a qualified elector. *** SEND *** *** SSTART 005.0 007.0 0 MS 1868 *** SEC. 5. No person shall be eligible to any office of profit or trust, civil or military, in this State, who, as a member of the Legislature vote for the call of the Convention that passed the Ordinance of Secession, or who, as a delegate to any Convention voted for or signed any ordinance of secession, or who gave voluntary aid, countenance, counsel or encouragement to persons engaged in armed hostility to the United States, or who accepted or attempted to exercise the functions of any office, civil or military, under any authority or pretended Government authority, power, or Constitution, within the United States, hostile or inimical thereto, except all persons who aided reconstruction by voting for this Convention, or who have continuously advocated the assembling of this Convention and shall continuously and in good faith advocate the acts of the same, but the Legislature may remove such disability; Provided that nothing in this section except voting for or signing the ordinance of secession shall be so construed as to exclude from office the private soldier of the late so-called Confederate States army. *** SEND *** *** SSTART 006.0 007.0 0 MS 1868 *** SEC. 6. In time of war, insurrection or rebellion, the right to vote at such place, and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States or this State; Provided said votes be made to apply in the county or precinct wherein they reside. *** SEND *** *** AEND *** *** ASTART 008.0 MS 1868 *** ARTICLE VIII. SCHOOL FUNDS, EDUCATION AND SCIENCE. *** SSTART 001.0 008.0 0 MS 1868 *** SEC. 1. As the stability of a Republican form of government depends mainly upon the intelligence and virtue of the people, it shall be the duty of the Legislature to encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improvement, by establishing a uniform system of free public schools, by taxation or otherwise, for all children between the ages of (5) five and (21) twenty-one years, and shall, as soon as practicable, establish schools of higher grade. *** SEND *** *** SSTART 002.0 008.0 0 MS 1868 *** SEC. 2. There shall be a Superintendent of Public Education elected at the same time and in the same manner as the Governor, who shall have the qualification of the Secretary of State, and hold his office for four years, and until his successor shall be elected and qualified, whose duties shall be the general supervision of the common schools and the educational interests of the State, and who shall perform such other duties pertaining to his office, and receive such compensation as shall be prescribed by law; he shall report to the Legislature, for its adoption, within twenty days after the opening of its first session under this Constitution, a uniform system of free public schools. *** SEND *** *** SSTART 003.0 008.0 0 MS 1868 *** SEC. 3. There shall be a Board of Education, consisting of the Secretary of State, the Attorney General and the Superintendent of Public Education, for the management and investment of the school funds, under the general direction of the Legislature, and to perform such other duties as may be prescribed by law. The Superintendent and one other of said board shall constitute a quorum. *** SEND *** *** SSTART 004.0 008.0 0 MS 1868 *** SEC. 4. There shall be a Superintendent of Public Education, in each country who shall be appointed byy the Board of Education, by and with the advice and consent of the Senate; whose term of office shall be two years, and whose compensation and duties shall be prescribed by law; Provided, that the Legislature shall have power to make said office of County School Superintendent of the several counties elective, as other county officers are. *** SEND *** *** SSTART 005.0 008.0 0 MS 1868 *** SEC. 5. A public school or schools shall be maintained in each school district at least four months in each year. Any school district neglecting to maintain such school or schools shall be deprived for that year of its proportion of the income of the free school fund and of all funds arising from taxes for the support of schools. *** SEND *** *** SSTART 006.0 008.0 0 MS 1868 *** SEC. 6. There shall be established a Common School Fund which shall consist of the proceeds of the lands now belonging to the State, heretofore granted by the United States, and of the lands known as "swamp lands," except the swamp lands lying and situated on Pearl river, in the counties of Hancock, Marion, Lawrence, Simpson and Copish, and of all the lands now or heretofore vested in the State by escheat or purchase, or forfeiture for taxes, and the clear proceeds of all fines collected in the several counties, for any breach of the penal laws, and all moneys received for licenses granted under the general laws of the State for the sale of intoxicating liquor, or keeping of dram shops; all moneys paid as an equivalent for persons exempt from military duty, and the funds arising from the consolidation of the Congressional township funds, and the lands belonging thereto, together with all moneys donated to the State for school purposes, which funds shall be securely invested in United States Bonds, and remain a perpetual fund, which may be increased but not diminished, the interest of which shall be inviolably appropriated for the support of free schools. *** SEND *** *** SSTART 007.0 008.0 0 MS 1868 *** SEC. 7. The Legislature may levy a poll tax not to exceed two dollars a head in aid of the school fund, and for no other purpose. *** SEND *** *** SSTART 008.0 008.0 0 MS 1868 *** SEC. 8. The Legislature shall, as soon as practicable, provide for the establishment of an Agricultural College or Colleges, and shall appropriate the two hundred and ten thousand acres of land donated to the State for the support of such a College by the act of Congress passed July 2d, A. D. 1865, or the money or scrip, as the case may be, arising from the sale of said lands or any lands which may hereafter be granted or appropriated for such purpose. *** SEND *** *** SSTART 009.0 008.0 0 MS 1868 *** SEC. 9. No religious sect or sects shall ever control any part of the school or university funds of this State. *** SEND *** *** SSTART 010.0 008.0 0 MS 1868 *** SEC. 10. The Legislature shall from time to time, as may be necessary, provide for the levy and collection of such other taxes as may be required to properly support the system of free schools herein adopted, and all school funds shall be divided pro rata among the children of school age. *** SEND *** *** AEND *** *** ASTART 009.0 MS 1868 *** ARTICLE IX. MILITIA. *** SSTART 001.0 009.0 0 MS 1868 *** SEC. 1. All able bodied male citizens of this State, between the ages of eighteen (18) and forty- five (45) years, shall be liable to military duty in the militia of this State, in such manner as the Legislature shall provide not incompatible with this Constitution, and the Constitution and the laws of the United States. *** SEND *** *** SSTART 002.0 009.0 0 MS 1868 *** SEC. 2. The Legislature shall provide for the organizing, army , equipping, and discipline of the militia, and for paying the same when called into active service. *** SEND *** *** SSTART 003.0 009.0 0 MS 1868 *** SEC. 3. It shall be the duty of the first Legislature to make such laws as shall be necessary to immediately create an effective militia in this State. *** SEND *** *** SSTART 004.0 009.0 0 MS 1868 *** SEC. 4. All officers of militia, except non-commissioned officers, shall be appointed by the Governor, by and with the consent of the Senate, and shall be chosen for their military knowledge, their experience in arms, and their fidelity and loyalty; and no commissioned officer shall be removed from office except by the Senate, on recommendation of the Governor, stating the grounds on which such removal is recommended or by the decision of a court martial, pursuant to law, or at his own request. *** SEND *** *** SSTART 005.0 009.0 0 MS 1868 *** SEC. 5. The Governor shall be Commander-in-Chief of the militia, except when it is called into the service of the United States, and shall have power to call forth the militia to execute the laws, repel invasion, and to suppress riots and insurrections. *** SEND *** *** SSTART 006.0 009.0 0 MS 1868 *** SEC. 6. The Governor shall nominate, and by and with the consent of the Senate, commission on Major-General for the State, who shall be a citizen thereof; and also, one Brigadier General for each Congressional District, who shall be a resident of the district for which he shall be appointed, and each district shall constitute a Militia Division. *** SEND *** *** SSTART 007.0 009.0 0 MS 1868 *** SEC. 7. The Adjutant General, and other staff officers to the Commander-in-Chief, shall be appointed by the Governor, and their appointment shall expires with the Governor's term of office. *** SEND *** *** SSTART 008.0 009.0 0 MS 1868 *** SEC. 8. The militia shall be exempt from arrest during their attendance on musters, and in going to and returning from the same, except in case of treason, felony, or breach of the peace. *** SEND *** *** AEND *** *** ASTART 010.0 MS 1868 *** ARTICLE X. INTERNAL IMPROVEMENTS. *** SSTART 001.0 010.0 0 MS 1868 *** SEC. 1. The Legislature, at its first regular session after the adoption of this Constitution, shall provide for the organization of a Board of Public works, prescribe its duties, fix the compensation of its members, and all officers employed upon public works in the State. *** SEND *** *** AEND *** *** ASTART 011.0 MS 1868 *** ARTICLE XI. APPORTIONMENT. *** SSTART 001.0 011.0 0 MS 1868 *** SEC. 1. Until the first enumeration and a new apportionment shall be made as provided and directed in this Constitution, the apportionment of Senators and Representatives among the several counties and districts in this State shall be as follows: 1st. The county of Warren five Representatives. 2d. The counties of Hinds and Lowndes, each four Representatives. 3d. The counties of Adams, Carroll, DeSoto, Holmes, Madison, Marshall, Monroe, Noxubee, Washington and Yazoo, each three Representatives. 4th. The counties of Attala, Chickasaw, Choctaw, Claiborne, Copiah, Jefferson, Lafayette, Lauderdale, Pontotoc, Oktibbeha, Panola, Tippah, Wilkinson, Yalobusha, Tishomingo and Rankin, each two Representatives. 5th. The counties of Amite, Bolivar, Calhoun, Clarke, Franklin, Issaquena, Itawamba, Jasper, Kemper, Lawrence, Leake, Lee, Pike, Sunflower, Scott, Tallahatchie, Winston, Simpson, Coahoma, Tunica, Newton, Neshoba, Covington, Smith, Wayne, Davis, Greene, Jackson, Hancock, Marion, Harrison and Perry, each one Representative. *** SEND *** *** SSTART 002.0 011.0 0 MS 1868 *** SEC. 2. SENATE. 1st. The counties of Hancock, Harrison, Jackson, Marion, Greene and Perry , shall form the first district, and elect one Senator. 2d. The counties of Wilkinson and Amite, the second district, and one Senator. 3d. The counties of Pike, Lawrence and Covington, the third district, and one Senator. 4th . The county of Adams, the fourth district, and one Senator. 5th. The counties of Franklin and Jefferson, the fifth district, and one Senator. 6th. The counties of Claiborne and Copiah, the sixth district, and one Senator. 7th. The counties of Warren and Issaquena, the seventh district, and two Senators. 8th. The counties of Hinds, Rankin, and Simpson, the eighth district, and two Senators. 9th. The counties of Davis Jasper, Clark, and Wayne, the ninth district, and one Senator. 10th. The counties of Lauderdale and Kemper, the tenth district, and one Senator. 11th. The counties of Newton, Smith, and Scott, the eleventh district, and one Senator. 12th. The county of Madison, the twelfth district, and one Senator. 13th. The county of Yazoo, the thirteenth district, and one Senator. 14th. The counties of Washington and Sunflower, the fourteenth district, and one Senator. 15th. The county of Holmes, the fifteenth district, and one Senator. 16th. The counties of Attala, Leake, and Neshoba, the sixteenth district, and one Senator. 17th. The county of Noxubee, the seventeenth district, and one Senator. 18th. The counties of Lowndes and Oktibbeha, the eighteenth district, and two Senators. 19th. The counties of Choctaw and Winston, the nineteenth district, and one Senator. 20th. The county of Carroll, the twentieth district, and one Senator. 21st. The counties of Calhoun and Yalobusha, the twenty-first district, and one Senator. 22d. The counties of Chicasaw and Monroe, the twenty-second district, and two Senators. 23d. The counties of Bolivar, Coahoma, and Tunica, the twenty-third district, and one Senator. 24th. The counties of Panola and Tallahatchie, the twenty-fourth district, and one Senator. 25th. The county of DeSoto, the twenty-fifth district, and one Senator. 26th. The county of Marshall, the twenty-sixth district, and one Senator. 27th. The counties of Lafayette and Pontotoc, the twenty-seventh district, and one Senator. 28th. The counties of Tishomingo and Itawamba, the twenty-eighth district, and one Senator. 29th. The counties of Tippah and Lee, the twenty-ninth district, and one Senator. *** SEND *** *** AEND *** *** ASTART 012.0 MS 1868 *** ARTICLE XII. GENERAL PROVISIONS. *** SSTART 001.0 012.0 0 MS 1868 *** SEC. 1. The political year of the state of Mississippi shall commence on the first Monday of January in each year, and the general election shall be holden on the first Tuesday succeeding the first Monday in November, biennially. *** SEND *** *** SSTART 002.0 012.0 0 MS 1868 *** SEC. 2. The Legislature shall pass laws to exclude from office, anf from suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors; and every person shall be disqualified from holding any office, or place of honor, profit or trust, under the authority of this State, who shall be convicted of having given or offered any bribe to procure his election or appointment. *** SEND *** *** SSTART 003.0 012.0 0 MS 1868 *** SEC. 3. No person who denies the existence of a Supreme Being shall hold any office in this State. *** SEND *** *** SSTART 004.0 012.0 0 MS 1868 *** SEC. 4. The Legislature shall provide by law for the indictment and trial of persons charged with the commission of any felony, in any country other than that in which the offence was committed, whenever, owing to prejudice, or any other cause, an Impartial grand or petit jury cannot be empannelled in the county in which the offence was committed. *** SEND *** *** SSTART 005.0 012.0 0 MS 1868 *** SEC. 5. The credit of the State shall not be pledged or loaned in aid of any person, association, or corporation; nor shall the State hereafter, become a stockholder in any corporation or association. *** SEND *** *** SSTART 006.0 012.0 0 MS 1868 *** SEC. 6. The term of office of all county, township, and precinct officers, shall expire within thirty days after this Constitution shall have been ratified, and the Governor shall, by and with the advice and consent of the Senate thereafter appoint such officers, whose term of office shall continue until the Legislature shall provide, by law, for an election of said officers; Provided, The present incumbents of all county, township, district and beat offices shall hold their respective offices until their successors are legally appointed or elected, and duly qualified. *** SEND *** *** SSTART 007.0 012.0 0 MS 1868 *** SEC. 7. In all cases, not otherwise provided for in this Constitution, the Legislature may determine the mode of filling all vacancies in all offices, and shall define their respective powers, and provide suitable compensation for all officers. *** SEND *** *** SSTART 008.0 012.0 0 MS 1868 *** SEC. 8. The Legislature at its first session, shall provide by law for the sale of all delinquent tax lands. The courts shall apply the same liberal principles in favor of such titles as in sale by execution. *** SEND *** *** SSTART 009.0 012.0 0 MS 1868 *** SEC. 9. No laws of a general feature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof. *** SEND *** *** SSTART 010.0 012.0 0 MS 1868 *** SEC. 10. It shall be the duty of the Legislature to regulate, by law, the cases in which deductions shall be made from salaries of public officers for neglect of duty in their official capacity, and the amount of said deduction. *** SEND *** *** SSTART 011.0 012.0 0 MS 1868 *** SEC. 11. The Legislature, at its first session under this Constitution, shall have authority to designate by law, such loyal paper, or papers, in each Circuit Court District, as shall publish all legal advertising, and such official printing as shall be required by law, in such Circuit Court District, and fix the compensation thereof. *** SEND *** *** SSTART 012.0 012.0 0 MS 1868 *** SEC. 12. No corporate body shall, hereafter, be created, renewed, or extended, with the privilege of making, issuing, or putting in circulation any notes, bills, or other paper, or the paper of any other bank to circulate as money; and the Legislature shall prohibit, by law, individuals or corporations from issuing bills, checks, tickets, promissory notes, or other papers, as money. But nothing herein contained shall be construed as preventing corporations aor associations from forming, for such purposes, under the acts of Congress for a National system of Banking. *** SEND *** *** SSTART 013.0 012.0 0 MS 1868 *** SEC. 13. The property of all corporations for pecuniary profits, shall be subject to taxation, the same as that of individuals. *** SEND *** *** SSTART 014.0 012.0 0 MS 1868 *** SEC. 14. The Legislature shall not authorize any county, city, or town, to become a stockholder in, or to loan its credit to any company, association, or corporation unless two-thirds of the qualified voters of such county, city, or town, at a special election, or regular election, to be held therein, shall assent thereto. *** SEND *** *** SSTART 015.0 012.0 0 MS 1868 *** SEC. 15. The Legislature shall never authorize any Lottery, nor shall the sale of Lottery tickets be allowed, nor shall any Lottery heretofore authorized, be permitted to be drawn, or tickets therein to be sold. *** SEND *** *** SSTART 016.0 012.0 0 MS 1868 *** SEC. 16. No county shall be denied the right to raise, by special tax, money sufficient to pay the building and repairing of court-houses, jails, bridges, and other necessary conveniences for the people of the county; and money thus collected, shall never be appropriated for any other purpose; Provided, the tax thus levied, shall be a certain percent on all tax levied by the State. *** SEND *** *** SSTART 017.0 012.0 0 MS 1868 *** SEC. 17. Liabilities of Banks, Associations, and other corporations shall be secured by Legislative enactments; but in all cases, no stockholder shall be individually liable over and above the stock by him or her owned, unless so specified in the articles of association or act of incorporation. *** SEND *** *** SSTART 018.0 012.0 0 MS 1868 *** SEC. 18. All lands sold in pursuance of decree of courts or executions shall be divided into tracts not to exceed one hundred and sixty acres. *** SEND *** *** SSTART 019.0 012.0 0 MS 1868 *** SEC. 19. Returns of all elections by the people shall be made to the Secretary of State in such manner as may be prescribed by law. *** SEND *** *** SSTART 020.0 012.0 0 MS 1868 *** SEC. 20. Taxation shall be equal and uniform throughout the State. All property shall be taxed in proportion to its value, to be ascertained as directed by law. *** SEND *** *** SSTART 021.0 012.0 0 MS 1868 *** SEC. 21. The State of Mississippi shall never assume nor pay any debt or obligation contracted in aid of the rebellion, nor shall this State ever in any manner claim from the United States or make any allowance or compensation for slaves emancipated or liberated in any way whatever since the 9th day of January, 1861. *** SEND *** *** SSTART 022.0 012.0 0 MS 1868 *** SEC. 22. All persons who have not been married but are now living together, and cohabiting as husband and wife, shall be taken and held for all purposes in law, as married, and their children, whether born before or afer the ratification of this Constitution, shall be legitimate, and the Legislature may, by law, punish adultery and concubinage. *** SEND *** *** SSTART 023.0 012.0 0 MS 1868 *** SEC. 23. There shall be a Commissioner of Immigration and Agriculture, who shall be elected by the Legislature on joint ballot, who shall hold his office for the term of four years unless sooner removed by law. *** SEND *** *** SSTART 024.0 012.0 0 MS 1868 *** SEC. 24. The next Legislature shall have power to repeal statutes of limitation, pass relief, stay injunction insolvent and homestead laws, and to pass and every act deemed necessary for the relief of debtors, subject only to the restrictions imposed by the Constitution of the United States. *** SEND *** *** SSTART 025.0 012.0 0 MS 1868 *** SEC. 25. Representatives in Congress to fill the existing vacancies shall be elected at the same time this Constitution is submitted to the electors of the State for ratification, and for the full term next succeeding their election, and thereafter elections for Representatives in Congress shall be held biennially. The first election shall be held on the first Tuesday after the first Monday in November preceeding the expiration of said full term. *** SEND *** *** SSTART 026.0 012.0 0 MS 1868 *** SEC. 26. Members of the Legislature and all other officers elected or appointed to any office is this State shall, before entering upon the discharge of the duties thereof, take and subscribe the following oath of office: OATH OF OFFICE. I, _________________________, do solemnly swear (or affirm) that I will faithfully support and true allegiance bear the Constitution of the United States and the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding office by the Constitution of the United States, or the State of Mississippi; that I have never as a member of any Convention voted for or signed any ordinance or secession; that I have never as a member of any State Legislature, voted for the call of any Convention that passed any such ordinance; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God *** SEND *** *** SSTART 027.0 012.0 0 MS 1868 *** SEC. 27. It shall be the duty of the Legislature to provide by law for the support of institutions for the Education of the Deaf, Dumb and Blind; and also, for the treatment and care of the Insane. *** SEND *** *** SSTART 028.0 012.0 0 MS 1868 *** SEC. 28. The Legislature shall provide Houses of Refuge for the correction and reformation of juvenile offenders. *** SEND *** *** SSTART 029.0 012.0 0 MS 1868 *** SEC. 29. The County Boards shall have power to provide farms as an Asylum for those persons, who by reason of age, infirmity or other misfortune may have claims upon the sympathy and aid of society. *** SEND *** *** AEND *** *** ASTART 013.0 MS 1868 *** ARTICLE XIII. ORDINANCE AND SCHEDULE. *** SSTART 001.0 013.1 0 MS 1868 *** MODE OF REVISING THE CONSTITUTION. Whenever two-thirds of each branch of the Legislature shall deem any change, alteration, or amendment necessary to this Constitution, such proposed change alteration or amendment, shall be read and passed by a two-thirds vote of each House respectively on each day for three several days; public notice shall then be given to the Secretary of State at least three months preceeding the next general election, at which the qualified electors shall vote directly for or against such change, alteration or amendment; and if more than one amendment shall be submitted in such manner and form that the people may vote for or against each amendment separately; and if it shall appear that a majority of the qualified electors voting for members of the Legislature shall have voted for the proposed change, alteration, or amendment, then it shall be inserted by the next succeeding Legislature as a part of this Constitution, and not otherwise. Provided, That no amendment which may be made prior to the year one thousand eight hundred and eighty-five shall in any manner effect the eighteenth section of the Bill of Rights. *** SEND *** *** SSTART 001.0 013.2 0 MS 1868 *** SCHEDULE. SEC. 1. The Ordinance of Secession of the State of Mississippi, passed January 9th, 1861, is hereby declared to be null and void. The present and all previous Constitutions of the State of Mississippi, are hereby declared to be repealed and annulled by this Constitution. *** SEND *** *** SSTART 002.0 013.2 0 MS 1868 *** SEC. 2. All laws now in force in this State, not enacted in furtherance of secession and rebellion, and not repugnant to this Constitution, shall continue in operation until they shall expire by their own limitation, or be altered or repealed by the Legislature, except the hereinafter mentioned laws, to-wit: "An act to change the name of the county of Jones, and for other purposes," approved December 1, A. D. 1865. "An act o establish a ferry across the Mississippi river, at Vicksburg," approved November 29, A. D. 1865. "An act to provide for the removal and location of the seat of Justice of Scott county," approved November 8, A. D. 1865. "An act supplemental to an act entitled an act to provide for the removal and location of the seat of Justice of Scott county," approved Nov. 8, 1865, approved Dec. 1, A. D. 1865. *** SEND *** *** SSTART 003.0 013.2 0 MS 1868 *** SEC. 3. The Legislature shall provide for the removal of causes now pending in the courts of this State, to courts created by or under this Constitution. *** SEND *** *** SSTART 004.0 013.2 0 MS 1868 *** SEC. 4. Immediately upon the adjournment of this Convention, this Constitution shall be submitted for ratification to the registered voters of the State, in conformity with the acts of Congress, passed March 2, 1867 entitled "An act to provide for the more efficient government of the rebel States," and the act supplementary thereto. *** SEND *** *** SSTART 005.0 013.2 0 MS 1868 *** SEC. 5. The election for the ratification of this Constitution shall commence on the 22d day of June, A. D. 1868, and be held at such places, and shall continue such times as the Commanding General of the Fourth Military District may direct, and the polls shall be kept open from eight o'clock A. M., until seven o'clock P. M., each day. At said election all those in favor of ratifying the Constitution shall have written or printed on their ballots, the words: "For Constitution;" and those opposed to the ratification of the same, shall have written or printed on their ballots, the words: "Against Constitution," but no person shall vote for or against this Constitution on a separate ballot from that cast by him for against this Constitution on a separate ballot from that cast by him for officers to be elected at said election under this Constitution. *** SEND *** *** SSTART 006.0 013.2 0 MS 1868 *** SEC. 6. In order to establish a civil government as required by the act of Congress, approved March 2d, 1867, and the acts supplementary thereto, an election shall be held at the same time and place, at which the Constitution is submitted for ratification, for all State officers, including members of the Legislature and for Representatives in Congress, at which election the electors who are qualified under the Reconstruction Acts of Congress shall vote and none other. *** SEND *** *** SSTART 007.0 013.2 0 MS 1868 *** SEC. 7. The Committee of five appointed under the authority of this Convention shall appoint three Commissioners of Election for each county, whose duty it shall be to attend the election for the ratification or rejection of the Constitution who shall also, at the same time and place, attend the election for all officers and representatives herein ordered, and be present at the counting of the votes, and torward the result of the same to the chairman of said committee within three days thereafter. *** SEND *** *** SSTART 008.0 013.2 0 MS 1868 *** SEC. 8. The Legislature elected under this Constitution shall hold its first session in the Capitol, in the city of Jackson, on the second Monday after the official promulgation of the ratification of this Constitution, and shall proceed immediately upon its organization to vote upon the adoption of the fourteenth amendment of the Constitution of the United States, proposed by Congress, and passed June 13, 1866. Said Legislature shall not have power to enact any laws relative to the per diem of members, nor on any other subject, after organization, until said Constitutional amendment shall have been adopted. *** SEND *** *** SSTART 009.0 013.2 0 MS 1868 *** SEC. 9. The first term of all civil officers elected at the same time this Constitution is submitted for ratification or rejection, shall commence on the second Monday after their election shall have been officially promulgated, and shall continue to hold from said time until the expiration of the first full term succeeding said election. *** SEND *** *** SSTART 010.0 013.2 0 MS 1868 *** SEC. 10. The Commissioners of Election herein provided for shall receive the same compensation per day, while in attendance upon elections, and allowances for transportation (when actual disbursements have been made) as registrars, and shall be paid out of any funds in the State Treasury to the credit of the Convention fund, upon the certificate of the Chairman of said Committee of five. *** SEND *** *** SSTART 011.0 013.2 0 MS 1868 *** SEC. 11. The committee of five appointed by this Convention is hereby authorized and empowered to adjust all outstanding accounts against the same, and certify to their correctness, and the Auditor of Public Accounts shall issue his warrant in payment thereof. *** SEND *** *** SSTART 012.0 013.2 0 MS 1868 *** SEC. 12. When this Convention adjourns it shall be subject to the call of the committee of five appointed by this Convention; Provided, that should the Constitution be ratified, this Convention shall thereafter be deemed adjourned sine die, but in case the Constitution shall not be ratified, then the Convention may be reconvened by said committee. *** SEND *** *** SSTART 013.0 013.2 0 MS 1868 *** SEC. 13. Said committee shall have authority to employ a clerk and to enforce the collection of the taxes levied by the several ordinances of this Convention, and to perform any and all duties appertaining to the same. *** SEND *** *** SSTART 014.0 013.2 0 MS 1868 *** SEC. 14. The members of the committee of five, appointed by this Convention, and the clerk thereof, shall receive the same compensation as the members of the Convention. *** SEND *** *** SSTART 015.0 013.2 0 MS 1868 *** SEC. 15. If any candidate receiving the highest number of votes cast, cannot take the oath of office prescribed in this Constitution, then, and in that case, the candidate receiving the next highest vote shall be entitled to enter upon and perform the duties of the office upon taking and subscribing to said oath. B. B. Eggleston, President and Delegate from Lowndes County. A. Alderson, Jefferson County. A. J. Jamison, Chickasaw County. Robt J. Alcorn, Yalobusha County. A. Johnson, Warren County Horatio N. Ballard, Desoto County. J. H. Kerr, Calhoun County. H. W. Barry, Holmes County. M. H. Lack, Scott County. Chas. W. Beam, Franklin County. W. Lawson, Lawrence County. Peres Bonney, Pike County. Benj. Leas, Warren County. N.B. Bridges, Choctaw County. William Leonard, Yazoo County. Jno. C. Brinson, Rankin County. Henry Mayson, Hinds County. C. Caldwell, Hinds County. H. Mask, Tishomingo County. Edward J. Castello, Adams County. H. Musgrove, Clarke County. Carlos Chapman, Covington County. J. Aaron Moore, Lauderdale County. N. J. Chappell, Noxubee County. A. T. Morgan, Yazoo County. Chas. W. Clarke, Delegate Yazoo County. Cyrus Myers, Rankin County. S. C. Conly, Attala County. A. Mygatt, Warren County. W. T. Combash, Wasington County. Geo. C. McKee, Warren County. W. Ben Cunningham, Madison County. W. V. McKnight, Jasper County. A. S. Dowd, Coahoma County. M. T. Newson, Claiborne County. Amos Draine, Madison County. W. D. Nesbit, DeSoto County. John Elliott, Itawamba County. Jason Niles, Attala County. James Elliott, Monroe County U. Ozanne, Panola County John Fawn, Washington County. Fred. Parsons, Adams County Charles W. Fitzhugh, Wilkinson County. J. R. Parsons, Hinds County. W. H. Gibbs, Wilkinson County. E. A. Peyton, Hinds County. Emanuel Handy, Copiah County. S. H. Powell, Noxubee County. Jerre Hauser, Kemper County. D. N. Quinn, Sunflower County. J. Lewellen Herbert, Monroe County. Jehiel Railsback, Bolivar County. G. H. Holland, Choctaw County. Jared Richardson, Winston County. A. R. Howe, Panola County. Isham Stewart, Noxubee County. W. A. Hutto, Neshoba County. Doctor Stites, Washington County. Henry P. Jacobs, Adams County. Geo. Stovall, Carroll County Thomas W. Stringer, Warren County. Edward H. Stiles, Claiborne County. E. R. Smith, Chickasaw County. H. P. Toy, Issaquena County. Henry W. Warren, Leake County. James Weir, Oktibbeha County. D. Mc A. Williams, Holmes County. J. B. Woodmansee, Monroe County. WM Yeoman, Wayne County. Attest: Thad. P. Sears, Secretary. *** SEND *** *** AEND *** *** CEND ***