1 § 18. All grants of land within this State, made by the king of Great 2 Britain, or persons acting under his authority, after the fourteenth day of 3 October, one thousand seven hundred and seventy-five, shall be null and void; 4 but nothing contained in this Constitution shall affect any grants of land 5 within this State, made by the authority of the said king or his predecessors, 6 or shall annul any charters to bodies politic or corporate, by him or them made 7 before that day; or shall affect any such grants or charters, since made by 8 this State, or by persons acting under its authority; or shall impair the obli9 gation of any debts contracted by this State, or individuals, or bodies cor10 porate, or any other rights of property, or any suits, actions, rights of action, 11 or other proceedings in courts of justice.(1) appointed by the Governor, for examination, and if -The Legislature shall, as soon as conveniently may shall be to revise, simplify and abridge the rules, practice, pleadings and forms of the courts of justice. And they shall provide for abolishing the distinct forms of action at law, now in use, and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the General Assembly may also make it the duty of said Commissioners to reduce into a systematic code the general statute law of the State; and said Commissioners shall report the result of their labors to the General Assembly, with such recommendations and suggestions as to abridgment and amendment as to said Commsssioners may seem necessary or proper. Provision shall be made by law for filling vacancies, regulating the tenure of office and the compensation of said Commissioners. Ind., 177. --The Legislature shall provide for the speedy publication of all strtute laws of a general nature, and expedient; and all laws and judicial decisions shall such decisions of the Supreme Court as it may deem be free for publication by any person; Provided, That and be operative until the opinion of the court in no judgment of the Supreme Court shall take effect such case shall be filed with the clerk of said court. Nev., 392. -The Legislature, in cases not provided for in this Constitution, shall prescribe by general laws the terms of office, powers, duties, and compensation of all public officers and agents, and the manner in which they shall be elected, appointed, and removed. W. Va., 548. (1) Substantially embraced in Constitution of 1777. 32. Identical with § 15, Article VII, Constitution of 1821. p. 43. DUELING. Any citizen of this State who may hereafter be engaged either directly or indirectly in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State. Iowa, 183. Oaths concerning dueling required of public officers]. Ky., 219. [Prohibitions against the practice.] Ala., 77; Ct., 112; Ind., 171; Kan., 202; Ky., 220; Or., 449; Va., 537; W. Va., 548; Wis., 570. FUNDAMENTAL PRINCIPLES - RESERVA- [Iowa, 184; Kan., 197; Md., 256; Min., 320; Neb., TION OF RIGHTS. -A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives; and they have a right to require of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth. Mass., 282; N. H., 401; Vt., 523. -This enumeration of certain rights shall not be construed to deny or disparage others retained by the people, [U. S., 19], and to guard against any encroachment on the rights hereby retained, or any transgression of any of the high powers by this Constitution delegated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate, and that all laws contrary thereto, or to the following provisions shall be void. Ala., 74; Tenn., 500. -The declaration of rights hereto prefixed, is declared to be a part of the Constitution of this State, and shall never be violated on any pretense whatever. Tenn., 500. -To guard against transgressions of the high powers which we have delegated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this Constitution, shall be void. Ky., 224; Miss., 336; Tenn., 500. -That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. Fl., 130; Ill., 166; N. C., 422. -The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. U. S., 19. -No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution. Ind., 171; Or., 448. -Provided, that laws locating the capital of the State, locating county seats, and submitting town and city corporate acts and other local and special laws, may take effect or not, upou a vote of the electors interested. Or., 448. -That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by a frequent recurrence to fundamental principles. Va., 532; Wis., 561; Neb., 371. -Legislative acts in violation of the Constitution are void, and the judiciary shall so declare them. Ga., 142. -That no power of suspending laws or the execution of laws, unless by or derived from the Legislature, ought to be exercised or allowed. Md., 254; Miss., 335. -The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the Legislature, or by authority derived from it to be exercised in such particular cases only as the Legislature shall expressly provide for. Mass., 282; N. C., 422; N., H., 400; Vt., 522; Va., 532. -No power of suspending laws shall be exercised but by the authority of the Legislature. Del, 117; (Similar provisions) Ind., 171; La., 233; Me., 240; Ohio, 433; Or., 448; Pa., 468; Tex., 506. -We declare, that everything in this article is reserved out of the general powers of government hereinafter mentioned. Del., 117. -The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. U. S., 19. -This enumeration of rights shall not be construed to deny or disparage others retained by the people 371; Nev., 380; N. J., 413; Ohio, 433; Or., 445; R. I., 474], and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void. Ark., 85; Ga., 143. The Legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require. N. H., 400. -The declaration of the political rights and privileges of the inhabitants of this State, is hereby declared to be a part of the Constitution of this Commonwealth, and ought not to be violated on any pretense whatsoever. Vt., 527. That to guard against transgressions upon the rights of the people, we declare that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate [Tex., 507]; and all laws to the contrary thereto, or to the following provisions, shall be void. Fl., 130; (analogous provisions) Pa., 468. HOMESTEAD EXEMPTIONS. -The Legislature shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families. Cal., 104. -A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of both husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; Provided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife. Kan., 206. -Laws shall be passed by the General Assembly to protect from execution a reasonable amount of property of a debtor, not exceeding in value the sum of five hundred dollars. Md., 264. -The personal property of every resident of this State, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of this Constitution. Mich., 313. --Every homestead of not exceeding forty acres of land, and the dwelling house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city, or village; or instead thereof, at the option of the owner, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of the State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution, or any other final process from a court for any debt contracted after the adoption of this Constitution. Such exemption shall not extend to any mortgage thereon lawfully obtained; but such mortgage, or other alienation of such land, by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. Mich., 313. -The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of his debts, contracted after the adoption of this Constitution, in all cases, during the minority of his children. Mich., 313. --If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right. Mich., 313. -A homestead as provided by law, shall be exempt from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife where that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; Provided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife; and laws shall be enacted providing for the recording of such homestead within the county in which the same shall be situated. Nev., 383. --The homestead of a family not to exceed two hundred acres of land, (not included in a town or city) or any town or city lot or lots, in value not to exceed two thousand dollars, shall not be subject to forced sale for any debts hereafter contracted, nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife in such manner as the Legislature may hereafter point out. Tex., 516. -The Legislature shall have power to protect by law, from forced sale, a certain portion of the property of all heads of families. Tex., 516. -The Legislature shall have power to provide by law for [exemption] from taxation, two hundred and fifty-dollars' worth of household furniture, or other property belonging to each family in this State. Tex., 516. -All property used exclusively for State, county, municipal, scientific, religious, benevolent, and charitable purposes, and personal property to the amount of at least two hundred dollars for each family, shall be exempted from taxation. Kan., 214. PROPERTY OF MARRIED WOMEN. -All property, both real and personal, of the wife, owned or claimed by marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. Cal., 104; Nev., 383; Tex., 516. -The Legislature shall provide for the protection of the rights of women in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children. Kan., 206. -The General Assembly shall pass laws necessary to protect the property of the wife from the debts of the husband during her life, and for securing the same to her issue after her death. Md., 266. -The real and personal estate of every female, acquired before marriage, and all property to which she may afterward become entitled, by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations, or engagements of her husband; and may be devised or bequeathed by her as if she were unmarried. Mich., 313. -The property and pecuniary rights of every married woman, at the time of marriage, or afterward, acquired by gift devise, or inheritance, shall not be subject to the debts or contracts of the husband, and laws shall be passed providing for the registration of the wife's separate property. Or., 458. MISCELLANEOUS PROVISIONS. -The State shall be and remain one of the United States of America. The Constitution of the United States, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land. W. Va., 546. -The people of this Commonwealth have the sole and exclusive right of governing themselves as a free, sovereign and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction and right, which is not, or may not hereafter be by them expressly delegated to the United States of America, in Congress assembled. Mass., 280. -That the Legislature shall pass no law providing for an alteration, change or abolishment of this Constitution, except in the manner therein prescribed and directed. Md., 256. -Suits may be brought against the Commonwealth in such manner, in such courts, and in such cases, as the Legislature may, by law, direct. Pa., 467. -All civil officers, whose authority is limited to a single judicial district, a single election district, or part of either, shall be appointed, hold their office, be removed from office, and, in addition to liability to impeachment, may be punished for official misconduct, in such manner as the General Assembly, previous to their appointment, may provide. S. Č., 487. -No person shall hold or exercise, at the same time, more than one civil office of trust or profit, except that of Justice of the Peace. La., 234. -The Legislature shall pass no law excluding citizens of this State from office for not being conversant with any language except that in which the Constitution of the United States is written. La., 235. -All officers elected or appointed under this Constitution may be removed from office for misconduct, incompetence, neglect of duty, or other causes, in such manner as may be prescribed by general laws; and unless so removed, shall continue to discharge the duties of their respective offices, until their successors are elected or appointed and qualified. W. Va., 548. -The Legislature may determine the mode of filling vacancies in all offices for which provision is not made in this Constitution. La., 235. -No mechanical trade shall hereafter be taught to convicts in the State prison of this State, except the manufacture of those articles, of which the chief supply for home consumption is imported from other States or countries. Mich., 314. -To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punishing by hard labor, those who shall be convicted of crimes not capital, whereby the criminal shall be employed for the benefit of the public, or for the reparation of injuries done to private persons; and all persons, at proper times, ought to be permitted to see them at their labor. Vt., 526. The Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors. Mich., 304. Laws may be passed regulating or prohibiting the sale of intoxicating liquor within the limits of this State. W. Va., 558. -The Legislature shall provide by law that the furnishing of fuel and stationery for the use of the State. Mich., 303. -It shall be the duty of the General Assembly at its next session, and from time to time thereafter as it may deem proper to enact laws prohibiting the intermarriage of white persons with negroes, or with persons of mixed blood, declaring such marriages null and void ab initio, and making the parties to any such marriage subject to criminal prosecutions, with such penalties as may be by law prescribed. Ala., 77. -The inhabitants of this State shall have liberty, in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed, and in like 1 ARTICLE II. SECTION 1. Every male citizen of the age of twenty-one years who shall 2 have been a citizen for ten days and an inhabitant of this State one year 3 next preceding an election, and for the last four months a resident of the 4 county where he may offer his vote, shall be entitled to vote at such election 5 in the election district of which he shall at the time be a resident, and not 6 elsewhere, for all officers that now are or hereafter may be elective by the 7 people; but such citizen shall have been for thirty days next preceding the 8 election, a resident of the district from which the officer is to be chosen for 9 whom he offers his vote. But no man of color, unless he shall have been for 10 three years a citizen of this State, and for one year next preceding any elec11 tion, shall have been seized and possessed of a freehold estate of the value of manner to fish in all boatable and other waters (not -The people shall continue to enjoy and freely exer- -That, for redress of grievances, and for amending -The rate of interest in this State shall not exceed six per centum per annum, and no higher rate shall be taken or demanded; and the General Assembly shall provide by law all necessary forfeitures and penalties against usury. Md., 265. -The Legislature shall fix the rate of interest; and the rate so established shall be equal and uniform throughout the State. Tenn., 499. QUALIFICATIONS OF ELECTORS FORMERLY REQUIRED IN NEW YORK ASSEMBLY. -1777. That every male inhabitant, of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall at such election be entitled to vote for representatives of the said county in Assembly; if, during the time aforesaid he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: provided, always, that every person who now is a freeman of the city of Albany, or who was made a freeman of the city of New York, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for representatives in Assembly, within his said place of residence. P. 27. [Senate and Governor.] Freeholders possessed of freeholds of the value of one hundred pounds charged thereon. P. 28. -1821. Every male citizen of the age of twentyone years who shall have been an inhabitant of this State one year next preceding any election, and for the last six months a resident of the town or county where he may offer his vote, and shall have, within the year next preceding the election paid a tax to the State or county assessed upon his real or personal property, or shall by law be exempted from taxation, or, being armed and equipped according to law shall have performed within that year military duty in the militia of this State, or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this State, and also, every male citizen of the age of twenty-one years, who shall have been for three years next preceding such election, an inhabitant of this State, and for the last year a resident in the town or county where he may offer his vote, and shall have been, within the last year assessed to labor upon the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are or hereafter may be elective by the people; but no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at any such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid. p. 37. [Property qualification abrogated in 1826], p. 45. QUALIFICATIONS OF AGE, CITIZENSHIP [Age 21, in every State except Delaware, where it is 22 years.] Citizen of United States. Ala., 82; Ark., 82., Ct., 111; Fl., 135; Ga., 149; Ind, 171; Iowa, 184; Ky., 218; La., 227; Me., 240; Md., 256; Miss., 336; Mo., 12 two hundred and fifty dollars over and above all debts and incumbrances 13 charged thereon, and shall have been actually rated and paid a tax thereon, 14 shall be entitled to vote at such election. And no person of color shall be 15 subject to direct taxation unless he shall be seized and possessed of such real 16 estate as aforesaid: Provided, that in time of war no elector in the actual 17 military service of the United States, in the army or navy thereof, shall 18 be deprived of his vote by reason of his absence from the State, and the Leg19 islature shall have power to provide the manner in which, and the time and 20 place at which such absent electors may vote, and for the canvass and returns 21 of their votes in the election districts in which they respectively reside or 22 otherwise. 350; Neb., 373; Nev., 380; N. J., 413; N. C., 428; Ohio, 438; Or., 448; R. I., 474; Tenn., 495; Tex., 507; Wis., 561. Citizen of U. S. 2 years after naturalization, if of foreign birth. Mass., 300. Citizen of State. Mich., 307; W. Va., 547. Citizen of State 2 years. S. Ct, 486. Residence in U. S. 1 year. 325. Residence in State 3 months. Me., 240; Mich., 308. do do 4 months. Minn., 325. do do 6 months. Cal., 97; Ind., 171; Iowa, 184; Kan., 202; Nev. 380; Or., 448. Residence in State 1 year. Ala., 82; Ct., 115; Del., 120; Fl., 135; Ill., 162; La., 227; Md., 256; Mass., 294; Miss., 336; Mo., 350; N. J., 413; Ohio, 438; Pa., 464; R. I., 474; Tex., 507; Vt., 525; Va., 533; W. Va., 567; Wis., 561. If formerly a resident of State 6 months, after return entitles to vote. Pa., 464. Ct., 111; Ga., 149; Ill., 162; Residence in State 2 years. Ga., 149; Ky., 218. Neb., 371. Residence in State 1 year (if alien) after declaring intentions to become a citizen. Ind., 171; Mo., 350; Or., 448. Residence in State 2 years (if alien). S. C., 486. do do no time mentioned after declaration. Minn., 325; Neb., 371; Wis., 561. Resident in county 1 month. Del., 120; Neb., 380; W. Va., 547. Residence in the county 2 months. Iowa, 184; Mo., 350. Residence in county 3 months. Ala., 82; La., 227. 4 months. Miss., 336. do do do do do do 5 months. N. J., 413. 371; Ohio, 438. do 6 months. Ct., 111, 115; R. I., 474; Tex., 507; Va., 533. Residence in town time to be fixed by law. Ohio, 438. Residence in district 10 days. Mich., 308; Minn., 325; Pa., 464. Residence in district 30 days. Cal., 97; Kan., 202: Nev., 380. Residence in district 6 months. Fl., 135; Ga., 149; Mass., 294; S. C., 484; Tex., 507. Residence in district 1 year. Ky., 218; N. C., 428. do do time to be fixed by law. Ohio, 438. QUALIFICATIONS OF ELECTORS. -Every free white male citizen, of the age of twentyone years, who has resided in the State two years, or in the county, town or city, in which he offers to vote, one year next preceding the election, shall be a voter; but such voter shall have been, for sixty days next preceding the election, a resident of the precinct in which he offers to vote, and he shall vote in said precinct, and not elsewhere. Ky., 210. -Shall have paid, by himself, master or guardian, any State or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of Governor, Lieutenant-Governor, Senators and Representatives; and no other person shall be entitled to vote in such elections. Mass., 294. And every white male of foreign birth of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. Ind., 171. -Every white male inhabitant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid. Mich., 307. -And who has paid all taxes assessed to him, after the adoption of this Constitution, under the laws of the Commonwealth after the re-organization of the county, city or town where he offers to vote. Va., 533. -And having within two years next before the election paid a county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty-one years, and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax. Del., 120. |