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1 § 10. No law shall be passed abridging the right of the people peaceably 2 to assemble and petition the government, or any department thereof, nor shall
3 any divorce be granted, otherwise than by due judicial proceedings; nor shall 4 any lottery hereafter be authorized or any sale of lottery tickets allowed
5 within this State.
—The Legislature shall reduce the salaries of officers to instruct their representatives, and to petition the who shall neglect the performance of any legal duty. General Assembly for the redress of grievances. Kan., 206.
Ohio, 432. – The officers mentioned in this article shall, at stated -Although disobedience to laws by a part of the peotimes, receive for their services a compensation to be ple upon suggestions of impolicy or injustice in them, established by law, which shall neither be increased tends by immediate effect and the influence of exnor diminished during the period for which they shall ample, not only to endanger the public welfare and have been elected. Kan., 198.
safety, but also in governments of a republican form, -It shall be the duty of the Legislature to regulate, contravenes the social principles of such governments by law, the cases in which deductions shall be made founded on common consent for common good; yet from salaries of public officers for neglect of duty in the citizens have a right in an orderly manner to meet their official capacity, and the amount of such deduc- together, and to apply to persons intrusted with the tion. Ala., 71; Miss., 313.
powers of government, for redress of grievances or - The Legislature may, at any time, provide by law other proper purposes, by petition, remonstrance or for increasing or diminishing the salaries or compen- address. Del., 117. sation of any of the officers whose salary or com- —The right of the people to appeal to the courts, to pensation is fixed in this Constitution; Provided. No petition government on all matters of legitimate cogsuch change of salary or compensation shall apply to nizance and peaceably to assemble for the consideraany officer during the term for which he may have tion of any matter of public concern shall never be been elected. Nev., 392.
impaired. Ga., 142. -The Legislature shall have power to provide for deduction
from the salaries of public officers who may neglect the performance of any duty that may be
DIVORCES. assigned them by law. Tex., 515.
--Divorces from the bonds of matrimony shall not
be granted, but in the cases by law provided for, and RIGHT OF PETITION_RIGHT OF ASSEMB
by suit in chancery, but decrees in chancery for LING.
divorce shall be final, unless appealed from, in the
manner prescribed by law, within three months from - That every man hath a right to petition the Legis- the date of the enrollment thereof. Ala., 77. lature for the redress of grievances, in a peaceable --The General Assembly shall not have power to and orderly manner. Md., 254.
pass any bill of divorce, but may prescribe by law the - That the people shall have a right at all times- manner in which such cases may be investigated in Me.), in a peaceable manner, to assemble together to the courts of justice, and divorces granted. Ark., 87. consult for the common good; and to apply to those -No divorce shall be granted by the Legislature. invested with the powers of government for redress Cal., 99; Iowa, 186; Mich., 303; Min., 323; N. J., of grievances, or other proper purposes, by petition, 415; Tex., 516. address or remonstrance. Ala., 74; Fl., 130; Me., --Divorces from the bonds of matrimony shall not 240.
be allowed but by the judgment of a court, as shall - The citizens have a right, in a peaceable manner, be prescribed by law. Fl., 140. to assemble together for their common good, to in- -The Superior Court shall have exclusive jurisdicstruct their representatives, and to apply to those tion in all cases of divorce, both total and partial; invested with the power of the government for redress but no total divorce shall be granted except on the of grievances, or other proper purposes, by (petition] concurrent verdicts of two special juries." In each address or remonstrance. Ark., 85; Ct., 108. divorce case, the court shall regulate the rights and
The people have a right, in an orderly and peacea- disabilities of the parties. Ga., 148. ble manner, to assemble to consult upon the common -The General Assembly shall have no power to good; give instructions to their representatives, and grant divorces, but may authorize the courts of justice to request, of the legislative body, by the way of to grant them for such causes as may be specified by addresses, petitions or remonstrances, redress of the law; Provided, That such laws be general and uniwrongs done them, and of the grievances they suffer. form in their operation. IV., 154. Mass., 282.
--All power to grant divorces is vested in the District - The people shall have the right freely to assemble Courts, subject to regulation by law. Kan., 200. together to consult for the common good, to instruct --The General Assembly have no power to grant their representatives, and to petition the Legislature divorces, to change the names of individuals, or direct for redress of grievances. Cal., 961; II., 166; Iowa, the sales of estates belonging to infants, or other per184; Kam., 197; Mich., 314; Neb., 370; N. J., 413; sons laboring under legal disabilities, by special legisN. C., 422; Ner., 380; Or., 448; or other purpose lation; but by general laws shall confer such powers by petition, address or remonstrance. Miss., 335; on the courts of justice. Ky., 212.
Pa., 468; N. H., 400; R. I., 474; Tenn., 491; Tex., --The Legislature may enact general laws regulating 506; V., 522.
the adoption of children, emancipation of minors, -No law shall restrain any of the inhabitants of the changing of names, and the granting of divorces; but State from assembling together in a peaceable man- no special laws shall be enacted relating to particular ner to consult for their common good, nor from in- or individual cases. La., 234. structing their representatives, nor from applying to All causes of marriage, divorce and alimony, and the General Assembly for redress of grievances. Ind., all appeals from the Judges of Probate, shall be heard 171.
and determined by the Governor and Council until -The people have a right to assemble together in a
the Lexislature shallow
by law, make other provision. peaceable manner, to consult for their common good, ALQx, 290.
S 11. The people of this State, in their right of sovereignty, are deemed to
2 possess the original and ultimate property in and to all lands within the juris
3 diction of the State; and all lands the title to which shall fail, from a defect
4 of heirs, shall revert or escheat to the people.
1 S 12. All feudal tenures of every description, with all their incidents, are 2 declared to be abolished, saving, however, all rents and services certain which 3 at any time heretofore have been lawfully created or reserved.
1 $ 13. All lands within this State are declared to be allodial, so that, subjece 2 only to the liability to escheat, the entire and absolute property is vested in 3 the owners, according to the nature of their respective estates.
1 $ 14. No lease or grant of agricultural land, for a longer period than twelve 2 years, hereafter made, in which shall be reserved any rent or service of any
3 kind, shall be valid.
.-Divorces from the bonds of matrimony shall not be -Lotteries and the sale of lottery tickets for any granted, but in cases provided for by law, by suit in purpose whatever are prohibited, and the Legislative chancery. Miss., 343.
Assembly shall prevent the same by penal laws. - The Legislature shall never authorize any lottery, Or., 458. or grant any divorce. Neb., 373; Wis., 563.
-The Legislature shall have the power to license the --All causes of marriage, divorce and alimony, and selling of lottery tickets and the keeping of gambling all appeals from the respective Judges of Probate, houses; said houses in all cases shall be on the first shall be heard and tried by the Superior Court, until floor, and kept with open doors; but in all cases not the Legislature shall by law make other provision. less than ten thousand dollars per annum shall be N. H., 408.
levied as a license or tax on each vendor of lottery --The General Assembly shall have power to pass tickets, and on each gambling house, and five hundred general laws regulating divorce and alimony, but dollars on each tombola. La., 234. shall not have power to grant a divorce or secure alimony in any indivi lual case. N. C., 428. - The General Assembly shall grant no divorce, nor PUBLIC LANDS - TENURE OF LANDS -exercise any judicial power, not herein expressly conferred. Ohio, 435.
LEASES--EMINENT DOMAIN. --The Legislature shall not have power to enact laws annulling the contract of marriage in any case where
[Limitation of leases of agricultural lands in Michby law, the courts of this Commonwealth are, or
igan to twelve years). p. 314. hereafter may be, empowered to decree a divorce.
[The Constitution of 1821 pledged the public lands Pa., 462.
as a perpetual fund, the interest of which was to be --The Legislature shall have no power to grant -All the lands within this State are declared to be
inviolably devoted to schools). p. 42. divorces, but may authorize the courts of justice to grant them for such causes as may be specified by all their incidents, are prohibited. "Leases and grants
allodial, and feudal tenures of every description, with law; Provided, That such laws be general and uniform throughout the State. Tenn., 499.
of agricultural land for a longer period than twenty--The General Assembly shall confer on the courts
one years, hereafter made, in which shall be reserved the power to grant divorces, change the names of any rent or service of any kind, shall be void. Min.
320. persons, and direct the sale of estates belonging to infants and other persons under legal disabilities, but
.-All lands within the State are declared to be alloshall not, by special legislation, grant relief in 'such dial, and feudal tenures are prohibited. Leases and cases, or in any other case of which the courts or
grants of agricultural land, for a longer term than other tribunals may have jurisdiction. Va., 539.
fifteen years in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation, reserved in any grant of land, hereafter
made, are declared to be void. Wis., 560. LOTTERIES.
- That no purchase of lands shall be made of the
Indian natives, but on behalf of the public, by [Lotteries forbidden in Constitution of 1821, and authority of the General Assembly. N. C., 426. sale of tickets forbidden except of lotteries provided –The people of the State in their right of sovby laws then existing]. p. 43; R. I., 476; (forbidden) ereignty, are declared to possess the ultimate property, II., 154; Va., 538; W. Va.,' 557; Ark., 73; Cal., in and to all lands within the jurisdiction of the 99; Ind., 181; Iowa, 186; Kan., 206; Md., 263; State; and all lands the title to which shall fail from Mich., 303; Min., 323 ; Mo.
, 354; Nev., 343; N. J., defect of heirs, shall revert or escheat to the people. 415; Ohio, 443; Tenn., 499, Tex., 576.
Neb., 376; Wis., 568.
$ 15. All fines, quarter sales, or other like restraints upon alienation, reserved
2 in any grant of land hereafter to be made, shall be void.
- No entry by warrant on land in this State shall be priated (appropriations) in any other manner by
locations and surveys thereon, are, and the same
or more candidates, the Governor shall direct a new -No navigable stream in this State shall be either election to be held, by writs to the Sheriffs of the bridged or dammed without authority from the several counties, and of the city of Baltimore, who Board of Supervisors of the proper county, under shall hold said election after at least twenty days' the provisions of law. No such law shall prejudice notice, exclusive of the day of election. He shall the right of individuals to the free navigation of such peaform such duties as are now required of the Comstreams, or preclude the State from the further missioner of the Land Office, or such as may hereafter improvement of the navigation of such stream. be prescribed by law, and shall also be the keeper of Miss., 314.
the chancery records. He shall receive a salary [Pre-emption and other rights secured to certain of two thousand dollars per annum, to be paid out of classes]. Tenn., 492, 500.
the treasury, and shall charge such fees as are now - In the event of the annexation of any foreign or may be hereafter fixed by law. He shall make a territory to this State, the General Assembly shall semi-annual report of all the fees of his office, both enact laws, extending to the inhabitants of the as Commissioner of the Land Office and as Keeper acquired territory all the rights and privileges which of the Chancery Records, to the Comptroller of the may be required by the terms of the acquisition ; Treasury, and shall pay the same semi-annnally into anything in this Constitution to the contrary not- the treasury. In case of vacancy in such office by withstanding. Ala., 78; Ark., 93.
death, resignation or other cause, the Governor shall -That the General Assembly may at any time cede fill such vacancy until the next general election for to the United States government a sufficient parcel members of the General Assembly thereafter, when or fraction of land for the purpose of coast defense a Commissioner of the Land Office shall be elected and other national purposes. Fl., 138.
for the full term of six years ensuing. Md., 273. -It shall be the duty of the General Assembly to --No lease or grant of agricultural lands, reserving provide for the prevention of waste and damage to any rent, or service of any kind, shall be valid for å the public lands, that may be hereafter ceded to the longer period than twenty years. Iowa, 184. State, and it may pass laws for the sale of any part --- None of the lands granted by Congress to the or portion thereof; and, in such cases, provide for State of Louisiana for aiding in constructing the nethe safety, security, and appropriation of the pro- cessary levees and drains, to reclaim the swamp and ceeds, but in no wise to affect the purposes for which overflowed lands of the State, shall be diverted from said lands have been heretofore appropriated. Fl., 138. the purposes for which they were granted. La., 235. -The following grounds, owned by the State, in -All lands in this State heretofore vested in the Indianapolis, namely: the State House Square, the State by forfeiture, or by purchase at the sheriff's Governor's Circle, and so much of out lot numbered sales for delinquent taxes, and not released or exoneone hundred and forty-seven as lies north of the rated by the laws thereof, or by the operation of the arm of the central canal, shall not be sold or leased. preceding section, may be redeemed by the former Ind., 181.
owners by payment to this State of the amount of -It shall be the duty of the General Assembly to taxes and damages due thereon at the time of such provide for the permanent inclosure and preservation redemption, within five years from the day this Conof the Tippecanoe battle-ground. Ind., 181.
stitution goes into operation; and all such lands not -Persons residing on Indian lands within the State, so released, exonerated or redeemed, shall be treated shall enjoy all the rights and privileges of citizens, as as forfeited, and proceeded against and sold as prothough they lived in any other portion of the State, vided. W. Va., 557. and shall be subject to taxation. Min., 329.
-The former owner of any tract of land in this -The title to all lands and other property, which State sold under the provisions of this article shall be have accrued to the Territory of Nebraska, by grant, entitled to receive the excess of the sum for which gift, purchase, forfeiture, escheat, or otherwise, shall such tract may be sold over the taxes and damages vest in the State of Nebraska. Neb., 376.
charged and chargeable thereon, and the costs, if his -There shall be one general land office in the State, claim be filed in the Circuit Court which decreed the which shall be at the seat of government, where all sale, within two years thereafter. W. Va., 557. titles which have heretofore emanated, or may here- — The Legislature shall have power to extend this after emanate from government, shall be registered; Constitution and the jurisdiction of this State over and the Legislature may establish, from time to time, any territory acquired by compact with any State, such subordinate officers as they may deem requisite. or with the United States, the same being done by Tex., 520.
consent of the United States. La., 235. - That the State of Texas hereby releases to the owner of the soil all mines and mineral substances that may be on the same, subject to such uniform
PERPETUITIES-MONOPOLIES. rate of taxation as the Legislature may impose. All islands along the gulf coast of the State, not now _That perpetuities and monopolies are contrary to patented or appropriated by locations under valid
the genius of a
be ; land certificates, are reserved from location or appro
491], nor shall any hereditary
$ 16. No purchase or contract for the sale of lands in this State, made since
2 the fourteenth day of October, one thousand seven hundred and seventy-five, 3 or which may hereafter be made, of, or with the Indians, shall be valid, unless 4 made under the authority and with the consent of the Legislature.
$ 17. Such parts of the common law, and of the acts of the Legislature of
2 the colony of New York, as together did form the law of the said colony, on 3 the nineteenth day of April, one thousand seven hundred and seventy-five,
4 and the resolutions of the Congress of the said colony, and of the Convention
5 of the State of New York, in force on the twentieth day of April, one thou
6 sand seven hundred and seventy-seven,(') which have not since expired, or been
7 repealed or altered, and such acts of the Legislature of this State as are now
8 in force, shall be and continue the law of this State, subject to such alterations
9 as the Legislature shall make concerning the same.
But all such parts of the
10 common law, and such of the said acts or parts thereof as are repugnant to
11 this Constitution are hereby abrogated,(?) and the Legislature, at its first session
emoluments, privileges or honors, ever be granted or CONTINUANCE OF LAWS AND GRANTS.
(1). On this day the first Constitution went into
operation. of a free government and the principles of commerce,
(2). Thus far in the Constitution of 1821, and ought not to be suffered. Md., 256.
substantially embraced in Constitution of 1777, 31. -That no hereditary emoluments, privileges or honors, -All laws which, on the first day of June, one thoushall ever be granted or conferred in this State. Miss., sand seven hundred and ninety-two, were in force in 335; Ohio, 433; Tenn., 492.
the State of Virginia, and which are of a general - That no title of nobility, or hereditary emolument, nature, and not local to that State, and not repugnant privilege, or distinction, can be granted. Mo., 348. to this Constitution, nor to the laws which have been —No law shall be passed granting to any citizen, or enacted by the General Assembly of this Commonclass of citizens, privileges or immunities which, upon wealth, shall be in force within this State, until they the same terms, shall not equally belong to all citi- shall be altered or repealed by the General Assembly. Or., 448.
-All laws and parts of laws in force in the Territory -The rights of primogeniture shall not be re-estab- at the time of the acceptance of this Constitution by lished, and there shall not fail to be some legislative Congress, not inconsistent with this Constitution, provision for the equitable distribution of the estates shall continue and remain in full force until they of intestates. S. C., 488.
expire or shall be repealed. Kan., 201; Wis., 571. -No perpetuities shall be allowed, except for elee- All laws now in force in this state, and not repugmosynary purpose. Cal., 104; Ner., 392.
nant to this Constitution, shall remain and be in force, -That the future Legislature of this State shall until altered or repealed by the Legislature or shall regulate entails, in such a manner as to prevent per- expire by their own limitation. Me., 249; Tenn., 419. petuities, N. C., 426; Vt., 526.
-All statute laws of this State now in force, not inconsistent with this Constitution, shall continue in
force until they shall expire by their own limitation, RIGHTS OF ALIENS.
or be amended or repealed by the General Assembly;
and all writs, prosecutions, actions, and causes of (1). N, Y., (1821) 43.
action, except as herein or otherwise provided, shall - No distinction shall ever be made between citizens continue; and all indictments which shall have been and aliens in reference to the purchase, enjoyment, or found, or may hereafter be found, for any crime or descent of property. Kan., 197; Neb., 371; Wis., 560. offense committed before this Constitution' takes effect, --Foreigners who are, or who may hereafter become may be proceeded upon as if no change had taken hona fide residents of this State, shall enjoy the same place, except as hereinafter specified. Mo., 362. rights in respect to the possession, enjoyment, and --All laws in force in the Territory of Oregon when inheritance of property, as native born citizens. Cal., the Constitution takes effect, and consistent thereJ7; Iowa, 184; Nev., 380; Mich., 314.
with shall continue in force until altered or repealed. -White foreigners, who are or may hereafter become Or., 460. residents of this state, shall enjoy the same rights in -All the laws of this State existing at the time of espect to the possession, enjoyment and descent of making this Constitution, and not inconsistent with property as native-born citizens. And the Legislative it, shall remain in force, unless they shall be altered Assembly shall have power to restrain and regulate by future laws; and all actions and prosecutions now the immigration to this State of persons not qualified pending shall proceed as if this Constitution had not to become citizens of the United States. Or., 448. been made. Del., 125.
12 after the adoption of this Constitution, shall appoint three Commissioners, 13 whose duty it shall be to reduce into a written and systematic code the whole
14 body of the law of this State, or so much and such parts thereof as to the said
15 Commissioners shall seem practicable and expedient. And the said Commis16 sioners shall specify such alterations and amendments therein as they shall deem
17 proper, and they shall at all times make reports of their proceedings to the 18 Legislature, when called upon to do so; and the Legislature shall pass laws 19 regulating the tenure of office, the filling of vacancies therein, and the com20 pensation of the said Commissioners, and shall also provide for the publication 21 of the said code, prior to its being presented to the Legislature for adoption.
-All fines, penalties, forfeitures, obligations and tion, shall contiuue, and all indictments which shall escheats, heretofore accruing to the State of - have been found, or which may hereafter be found, and not made unlawful by the Constitution or laws for any crime or offense committed before the adopof the United States, shall continue to accrue to the tion of this Constitution, may be proceeded upon as use of the State. Fl., 140.
if no change had taken place. The several courts of ---The General Assembly may grant aid to said dis- law and equity, except as herein otherwise provided, tricts out of the funds arising from the swamp and shall continue with the like powers and jurisdiction overflowed lands, granted to the State by the United as if this Constitution had not been adopted. N. J., States for that purpose or otherwise. La., 236. 420. -No person shall be prosecuted in any civil action or --Such parts of the common law as are now in force criminal proceeding, for or on account of any act by in the Territory of Wisconsin, not inconsistent with him done, performed, or executed, after the first day this Constitution, shall be and continue part of the of January, one thousand eight hundred and sixty- law of this State until altered or suspended by the one, by virtue of military authority vested in him by Legislature. Wis., 575. the government of the United States, or that of this - The compact with the State of Virginia, subject to State, to do such act, or in pursuance of orders re- such alterations as may be made therein agreeably to ceived by him from any person vested with such the mode prescribed by the said compact, shall be authority; and if any action or proceeding shall have considered as part of this Constitution. Ky., 220. heretofore been, or shall hereafter be, instituted (Corresponding provisions in many States, with referagainst any person for the doing of any such act, the ence to territorial grants, rights and privileges.] defendant may plead this section in bar thereof. -All laws of force in this State at the adoption of Me., 360.
this Constitution, and not repugnant hereto, shall so -All the laws, which have heretofore been adopted, continue until altered or repealed, except where they used and approved, in the Province, Colony or State are temporary, in which case they shall expire at the of
and usually practiced on in the courts of law, times respectively limited for their duration, if not shall still remain and be in full force, until altered or continued by act of the General Assembly. S. C., repealed by the Legislature; such parts only excepted 487. as are repugnant to the rights and liberties contained -The laws, public records and the judicial and legisin this Constitution. Mass., 293.
lative written proceedings of the State shall be pro---All laws which have heretofore been adopted, used mulgated, preserved, and conducted in the language and approved in the province, colony or State, and in which the Constitution of the United States is usually practiced on in the courts of law, shall remain
written. La., 233. and be in full force until altered and repealed by the Legislature, such parts thereof only excepted, as are repugnant to the rights and liberties contained in this
REVISION OF THE LAWS. Constitution; Provided, That nothing herein contained, when compared with the twenty-third article -At its first session, after the adoption of this conin the bill of rights, shall be construed to affect the stitution, the General Assembly shall appoint not laws already made respecting the persons or estates more than three persons, learned in the law, whose of absentees. N. H., 410.
duty it shall be to revise and arrange the statute laws --All laws of this State, in force on the first day of of this Commonwealth, both civil and criminal, so as September, one thousand eight hundred and fifty-one, to have but one law on any one subject; and, also, and not inconsistent with this Constitution, shall three other persons, learned in the law, whose duty continue in force until amended or repealed. Ohio, it shall be to prepare a code of practice for the courts, 444.
both civil and criminal, in this Commonwealth, by - Nothing contained in this Constitution shall impair abridging and simplifying the rules of practice and the validity of any debts or contracts, or affect any laws in relation thereto; all of whom shall, at as early rights of property, or any suits, actions, rights of a day as practicable, report the result of their labors action, or other proceedings in courts of justice. to the General Assembly, for their adoption or modiTenn., 499.
fication. Ky., 221. -Thé common laws and statute laws now in force - No general revision of the laws shall hereafter be not repugnant to this Constitution, shall remain in made. When a reprint thereof becomes necessary! force until they expire of their own limitation, or be the Legislature, in joint convention, shall appoint a altered or repealed by the Legislature, and all writs, suitable person to collect together such acts and parts actions, causes of action, prosecution, contracts,
of acts as are in forces
and without alteration, arrange claims, and rights of individuals and of bodies corporate, and of the State, and all charters of incorpora
submitted to two commissioners
under *O arranged