service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.

15. That treason against the state can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood, or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof.

16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court.

17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors in such manner as may be prescribed by law.

18. That no person who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law, and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to militia duty, or compelled to bear arms.

19. That all property, subject to taxation in this state, shall be taxed in proportion to its value.

20. That no title of nobility, hereditary emolument, privilege, or distinction, shall be granted; nor any office created, the duration of which shall be longer than the good behaviour of the officer appointed to fill the same.

21. That emigration from this state cannot be prohibited. 22. That the military is, and in all cases, and at all times, shall be in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in such manner as may be prescribed by law; nor can any appropriation for the support of an army be made for a longer period than two years.

SCHEDULE.

§ 1. That no inconvenience may arise from the change of government, we declare, that all writs, actions, prosecutions, judgments, claims, and contracts, of individuals and of bodies corporate, shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the territory of Missouri, shall be as valid as if issued in the name of the state.

2. All laws now in force in the territory of Missouri, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

3. All fines, penalties, forfeitures, and escheats, accruing to the territory of Missouri, shall accrue to the use of the state.

4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to and may be prosecuted in the name of the state: and all bonds executed to the governor of the territory, or to any other officer or court in his official capacity, shall pass over to the governor, or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the territory of Missouri, may be commenced in, or transferred to any court of record of the state which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in, or transferred to the court of chancery.

5. All officers, civil and military, now holding commissions under the authority of the United States, or of the territory of Missouri, shall continue to hold and exercise their respective offices, until they shall be superseded under the authority of the state; and all such officers holding commissions under the authority of the territory of Missouri, shall receive the same compensation which they hitherto received, in proportion to the time they shall be so employed.

6. The first meeting of the general assembly shall be at St. Louis, with power to adjourn to any other place; and the general assembly, at the first session thereof, shall fix the seat of government until the first day of October, eighteen hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members

thereof; any thing in the constitution to the contrary notwithstanding.

7. Until the first enumeration shall be made, as directed in this constitution, the county of Howard shall be entitled to eight representatives, the county of Cooper to four representatives, the county of Montgomery to two representatives, the county of Lincoln to one representative, the county of Pike to two representatives, the county of St. Charles to three representatives, the county of St. Louis to six representatives, the county of Franklin to two representatives, the county of Jefferson to one representative, the county of Washington to two representatives, the county of St. Genevieve to four representatives, the county of Cape Girardieau to four representatives, the county of New Madrid to two representatives, the county of Madison to one representative, the county of Wayne to one representative, and that part of the county of St. Lawrence situated within this state, shall attach to, and form part of the county of Wayne until otherwise provided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached; and any person who shall have resided within the limits of this state five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the third section of the third article thereof, shall be eligible to the house of representatives, any thing in this constitution to the contrary notwithstanding.

8. For the first election of senators, the state shall be divided into districts, and the apportionment shall be as follows, that is to say: the counties of Howard and Cooper shall compose one district, and elect four senators, the counties of Montgomery and Franklin shall compose one district, and elect one senator, the county of St. Charles shall compose one district and elect one senator, the counties of Lincoln and Pike shall compose one district and elect one senator, the county of St. Louis shall compose one district and elect two senators, the counties of Washington and Jefferson shall compose one district and elect one senator, the county of St. Genevieve shall compose one district and elect one senator, the counties of Madison and Wayne shall compose one district and elect one senator, the counties of Cape Girardieau and New Madrid shall compose one district and elect two senators; and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county, to the clerk of the county first named, within five days after he shall have received the same; and any person who shall have resided within the limits of this state five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third

article thereof, shall be eligible to the senate of this state, any thing in this constitution to the contrary notwithstanding.

9. The president of the convention shall issue writs of election to the sheriffs of the several counties, or in case of vacancy, to the coroners, requiring them to cause an election to be held on the fourth Monday in August next, for a governor, a lieutenant governor, a representative in the congress of the United States, for the residue of the sixteenth congress, a representative for the seventennth congress, senators and representatives for the general assembly, sheriffs and coroners, and the returns of all township elections, held in pursuance thereof, shall be made to the clerks of the proper county within five days after the day of election: and any person who shall reside within the limits of this state at the time of the adoption of this constitution, and who shall be otherwise qualified as prescribed in the tenth section of the third article thereof, shall be deemed a qualified elector, any thing in this constitution to the contrary notwithstanding.

10. The elections shall be conducted according to the existing laws of the Missouri territory. The clerks of the circuit courts of the several counties shall certify the returns of the election of governor and lieutenant governor, and transmit the same to the speaker of the house of representatives, at the temporary seat of government, in such time that they may be received on the third Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives, and the president pro tempore of the senate shall; in the presence of both houses, examine the returns, and declare who are duly elected to fill those offices; and if any two or more persons shall have an equal number of votes, and a higher number than any other person, the general assembly shall determine the election in the manner herein provided; and the returns of the election for members of congress shall be made to the secretary of the state within thirty days after the day of election.

11. The oaths of office, herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

12. Until a seal of state be provided, the governor may use his private seal.

DAVID BARTON, President of the Convention. Attest, Wm. G. Pettus, Secretary to the Convention.

Nn. 2

AN ORDINANCE,

Declaring the assent of the people of the state of Missouri, by their representatives in convention assembled, to certain conditions and provisions in the act of congress on the sixth of March, one thousand eight hundred and twenty, entitled, "An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and to prohibit slavery in certain territories,"

WHEREAS the act of congress of the United States of America, approved March the sixth, one thousand eight hundred and twenty, entitled, "An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and to prohibit slavery in certain territories," contains certain requisitions and provisions, and among other things, has offered to this convention, when formed, for and in behalf of the people inhabiting this state, for their free acceptance, or rejection, the five following propositions and which, if accepted by this convention in behalf of the people as aforesaid, are to be obligatory on the United States, viz:

"1st. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the use of the inhabitants of such township, for the use of schools.

"2d. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said state for the use of the said state, the same to be selected by the legislature of said state, on or before the first day of January, in the year one thousand eight hundred and twenty-five: and the same when so selected, to be used under such terms, conditions, and regulations, as the legislature of said state shall direct: Provided, that no salt spring, the right whereof now is, or hereafter shall be confirmed or adjudged to any individual or individuals, shall by this section be granted to said state; and provided also, that the legislature shall never sell nor lease the same, at any one time, for a longer period than ten years, without the consent of congress.

"3d. That five per cent. of the neat proceeds of the sale of lands lying within said territory or state, and which shall be sold by congress, from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within the state, under the direction of the legislature thereof, and the other two-fifths in defraying, under the direction of congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state.