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Sec. 7. The general assembly shall not locate any of the public lands which have been or may be granted by Congress to this State, and the location of which may be given to the general assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted shall not exceed three hundred and twenty acres.
Sec. 8. The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk, and the State university at Iowa City, in the county of Johnson.
SCHEDULE SECTION 1. This constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The general assembly shall pass all laws necessary to carry this constitution into effect.
Sec. 2. All laws now in force and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed.
Sec. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions shall be carried on in the several courts, in the same manner as now provided by law, and all offences, misdemeanors, and crimes that may have been committed before the taking effect of this constitution, shall be subject to indictment, trial, and punishment, in the same manner as they would have been had not this constitution been made.
Sec. 4. All fines, penalties, or forfeitures due, or to become due or accruing to the State, or to any county therein, or to the school-fund, shall inure to the State, county, or school-fund in the manner prescribed by law.
Sec. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned.
SEC. 6. The first election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the State shall elect the governor and lieutenant-governor. There shall also be elected at such election the successors of such State senators as were elected at the August election, in the year one thousand eight hundred and fifty-four, and members of the house of representatives, who shall be elected in accordance with the act of apportionment enacted by the seventh general assembly of the State.
Sec. 7. The first election for secretary, auditor, and treasurer of state, attorneygeneral, district judges, members of the board of education, district attorneys, members of Congress, and such State officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven, except the superintendent of public instruction, and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty-six, except prosecuting attorneys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-eight: Provided, That the time for which any district judge or any other State or county officer was elected at the April election in 1858 shall not extend beyond the time fixed for filling like offices at the October election.
Sec. 8. The first election for judges of the supreme court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fifty-nine.
Sec. 9. The first regular session of the general assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year.
SEC. 10. Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shall be elected as may be prescribed by law.
Sec. 11. Every person elected by popular vote, by a vote of the general assembly, or who may hold office by executive appointment, which office is continued by this constitution, and every person who shall be so elected or appointed to any such office, before the taking effect of this constitution, (except as in this constitution otherwise provided,) shall continue in office until the term for which such person has been or may be elected or appointed shall expire; but no such person shall continue in office, after taking effect of this constitution, for a longer period than the term of such office in this constitution prescribed.
SEC. 12. The general assembly, at the first session under this constitution, shall district the State into eleven judicial districts, for district-court purposes, and shall also provide for the apportionment of the members of the general assembly, in accordance with the provisions of this constitution.
Sec. 13. The foregoing constitution shall be submitted to the electors of the State at the August election, in the year one thousand eight hundred and fifty-seven, in the several election-districts in this State. The ballots at such election shall be written or printed as follows: Those in favor of the constitution, “New constitution—Yes;" those against the constitution, “New constitution-No." The election shall be conducted in the same manner as the general elections of the State, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the code, and abstracts shall be forwarded to the secretary of state, which abstracts shall be canvassed in the manner provided for the canvass of State officers. And if it shall appear that a majority of all the votes cast at such election for and against this constitution are in favor of the same, the governor shall immediately issue his proclamation stating that fact, and such constitution shall be the constitution of the State of Iowa, and shall take effect from and after the publication of said proclamation.
SEC. 14. At the same election that this constitution is submitted to the people for its adoption or rejection, a proposition to amend the same by striking out the word “white," from the article on the right of suffrage,” shall be separately submitted to the electors of this State for adoption or rejection, in manner following, viz: A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box. And those given for the adoption of such proposition shall have the words, "Shall the word 'white' be stricken out of the article on the ‘right of suffrage?' Yes;” and those given against the proposition shall have the words, "Shall the word 'white' be stricken out of the article on the 'right of suffrage?' No.” And if at said election the number of ballots cast in favor of said proposition shall be equal to a majority of those cast for and against this constitution, then said word "white" shall be stricken from said article and be no part thereof.
SEC. 15. Until otherwise directed by law, the county of Mills shall be in and a part of the sixth judicial district of this State.
ACT ADMITTING THE STATE OF IOWA-1846.
(TWENTY-NINTH CONGRESS, SECOND SEssion.] Whereas the people of the Territory of Iowa did, on the eighteenth day of May, anno Domini eighteen hundred and forty-six, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and State government, which constitution is republican in its character and features, and said convention has asked admission of the said Territory into the Union as a State, on an equal footing with the original States, in obedience to "An act for the admission of the States of Iowa and Florida into the Union,” approved March third, eighteen hundred and forty-five, and “An act to define the boundaries of the State of Iowa, and to repeal so much of the act of the third of March, one thousand eight hundred
and forty-five, as relates to the boundaries of Iowa,” which said last act was approved August fourth, anno Domini eighteen hundred and forty-six : Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Iowa shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all
respects whatsoever. SEC. 2. And be it further enacted, That all the provisions of "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," approved March third, eighteen hundred and forty-five, be, and the same are hereby, declared to continue and remain in full force as applicable to the State of Iowa, as hereby admitted and received into the Union.
APPROVED, December 28, 1846.
CONSTITUTION OF IOWA-1857. *
We, the people of the State of Iowa, grateful to the Supreme Being for the blessings
hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State
of Iowa, the boundaries whereof shall be as follows:
Beginning in the middle of the main channel of the Mississippi River, at a point due east of the middle of the mouth of the main channel of the Des Moines River; thence up the middle of the main channel of the said Des Moines River to a point. on said river where the northern boundary-line of the State of Missouri, as established by the constitution of that State adopted June 12, 1820, crosses the said middle of the main channel of the said Des Moines River; thence westwardly, along the said northern boundary-line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri River; thence up the middle of the main channel of the said Missouri River to a point opposite the middle of the main channel of the Big Sioux River, according to Nicollet's map; thence up the main channel of the said Big Sioux River, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi River; thence down the middle of the main channel of the said Mississippi River to the place of beginning.
BILL OF RIGHTS.
SECTION 1. All men are, by nature, free and equal, and have certain unalienable rights; among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.
Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same whenever the public good may require it.
SEC. 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled
* This constitution was adopted at a convention which met at Iowa City January 19, 1857, and completed its labors March 6, 1857. It was submitted to the people of Iowa and ratified August 3, 1857, receiving 40,311 votes against 38,681 votes.
The word " white” was stricken out of Articles II, III, and IV by an act of the legislatures of 1867 and 1868, submitted to the people and ratified, receiving 105,384 votes against 81,384 votes.
to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister or ministry.
SEC. 4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law.
SEC. 5. Any citizen of this state who may hereafter be engaged either directly or indirectly in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this State.
Sec. 6. All laws of a general nature shall have a uniform operation. The general assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens.
Sec. 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motives and justifiable ends, the party shall be acquitted.
SEC. 8. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Sec. 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property without due process of law.
SEC. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him, and to ave a copy of the same when demanded; to be confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel.
SEC. 11. All offences less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offence, unless on presentment or indictment by a grand jury, except in cases arising in the Army or Navy, or in the militia when in actual service, in time of war or public danger.
Sec. 12. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences where the proof is evident or the presumption great.
SEC. 13. The writ of habeas corpus shall not be suspended or refused when application is made as required by law, unless, in case of rebellion or invasion, the public safety may require it.
Sec. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in the time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.
SEC. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.
SEC. 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
Sec. 17. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
Sec. 18. Private property shall not be taken for public use without just compensation first being made, or secured, to be paid to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.
SEC. 19. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace.
SEC. 20. The people have the right freely to assemble together to counsel for the common good, to make known their opinions to their representatives, and to petition for a redress of grievances.
Sec. 21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.
SEC. 22. Foreigners who are, or may hereafter become residents of this state, shall enjoy the same rights, in respect to the possession, enjoyment, and descent of property, as native-born citizens.
SEC. 23. There shall be no slavery in this State; nor shall there be involuntary servitude, unless for the punishment of crime.
SEC. 24. No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years.
SEC. 25. This enumeration of rights shall not be construed to impair or deny others retained by the people.
RIGHT OF SUFFRAGE.
SECTION 1. Every (white*) male citizen of the United States of the age of twentyone years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.
SEC. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.
SEC. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
SEC. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this state by being stationed in any garrison, barrack, or military or naval place or station within this State.
SEC. 5. No idiot or insane person, or persons convicted of any infamous crime, shall be entitled to the privilege of an elector.
Sec. 6. All elections by the people shall be by ballot.
OF THE DISTRIBUTION OF POWERS.
The powers of the government of Iowa shall be divided into three separate departments, the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.
* Stricken out in 1868.