Missouri-1820

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ENABLING ACT FOR MISSOURI-1820

 

[SIXTEENTH CONGRESS, FIRST SESSION]

 

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

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabit­ants of that portion of the Missouri Territory included within the boundaries hereinafter designated, be, and they are hereby author­ized to form for themselves a constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever.

SEC. 2.  And be it further enacted, That the said State shall consist of all the territory included within the following boundaries, to wit: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along that parallel of latitude to the Saint Francois River; thence up, and following the course of that river in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west, along the same, to a point where the said parallel is inter­sected by a meridian-line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence from the point aforesaid north, along the said meridian-line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line to correspond with the Indian boundary-line; thence east, from the point of inter­section last aforesaid, along the said parallel of latitude, to the mid­dle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of Mississippi River; thence down, and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning: Provided, The State shall ratify the boundaries aforesaid: And provided also, That the said State shall have concur­rent jurisdiction on the river Mississippi and every other river bor­dering on the said State so far as the said rivers shall form a com­mon boundary to the said State and any other State or States, now or hereafter to be formed and bounded by the same such rivers to be common to both; and that the river Mississippi and the navigable, rivers and waters leading into the same, shall be common highways,

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and forever free, as well to the inhabitants of the said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor imposed by the said State.

SEC. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said Territory three months previous to the day of election, and all other persons qualified to vote for representa­tives to the general assembly of the said Territory, shall be qualified to be elected, and they are hereby qualified and authorized to vote and choose representatives to form a convention, who shall be apportioned amongst the several counties as follows:

From the county of Howard, five representatives.

From the county of Cooper, three representatives.

From the county of Montgomery, two representatives.

From the county of Pike, one representative.

From the county of Lincoln, one representative.

From the county of Saint, Charles, three representatives.

From the county of Franklin, one representative.

From the county of Saint, Louis, eight representatives.

From the county of Jefferson, one representative.

From the county of Washington, three representatives.

From the county of Saint Genevieve, four representatives.

From the county of Madison, one representative.

From the county of Cape Girardeau, five representatives.

From the county of New Madrid, two representatives.

From the county of Wayne, and that portion of the county of Law­rence, that falls within the boundaries herein designated, one repre­sentative.

And the election for the representatives aforesaid shall be holden on the first Monday and two succeeding days of May next, through­out the several counties aforesaid in the said Territory, and shall be in every respect held and conducted in the same manner and under the same regulations as is prescribed by the laws of the said Territory regulating elections therein for members of the general assembly, except that the returns of the election in that portion of Lawrence County included in the boundaries aforesaid shall be made to the county of Wayne, as is provided in other cases under the laws of said Territory.

SEC. 4. And be it further enacted, That the members of the conven­tion thus duly elected shall be, and they are hereby, authorized to meet at the seat of government of said Territory, on the second Mon­day of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn to any other place in the said Territory, which to them shall seem best for the con­venient transaction of their business; and which convention, when so met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient at that time to form a constitution and State government for the people within the said Territory, as included within the boundaries above designated; and, if it be deemed expedient, the convention shall be, and hereby is, authorized to form a constitution and State government; or, if it be deemed more expe­dient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such

 


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proportion, as they shall designate, and shall meet at such time and place as shall be prescribed by the said ordinance; and shall then form for the people of said Territory, within the boundaries afore­said, a constitution and State government: Provided, That the same, whenever formed, shall be republican, and not, repugnant to the Constitution of the United States; and that the legislature of said State shall never interfere with the primary disposal of the soil by the United States, nor with any regulations Congress may find neces­sary for securing the title in such soil to the bona-fide purchasers; and that no tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.

SEC. 5. And be it further enacted, That, until the next general cen­sus shall be taken, the said State shall be entitled to one Representa­tive in the House of Representatives of the United States.

SEC. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the said Territory of Missouri when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States:

First. 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.

Second. 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 said State, the same to be selected by the legisla­ture of the 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 salt­spring, 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 or lease the same, at any one time, for a longer period than ten years, without the consent of Congress.

Third. That five per cent. of the net proceeds of the sale of lands lying within the 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.

Fourth. That four entire sections of land be, and the same are hereby, granted to the said State, for the purpose of fixing their seat of government thereon, which said sections shall, under the direction of the legislature of said State, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: Provided, That such locations shall be made prior to the public sale of the lands of the United States surrounding such location.


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Fifth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands heretofore reserved for that purpose, shall be re­served for the use of a seminary of learning, and vested in the legis­lature of said State, to be appropriated solely for the use of such seminary by the said legislature: Provided, That the five foregoing propositions herein offered are on the condition that the convention of the said State shall provide, by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt, from any tax laid by order or under the authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale: And further, That the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the date of the patents respectively.

SEC. 7. And be it further enacted, That in case a constitution and State government shall be formed for the people of the said Terri­tory of Missouri, the said convention or representatives, as soon there­after as may be, shall cause a true and attested copy of such constitu­tion, or frame of State government, as shall be formed or provided, to be transmitted to Congress.

SEC. 8. And be it further enacted, That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited: Provided always, That any per­son escaping into the same from whom labor or service is lawfully claimed in any State or Territory, of the United States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or services as aforesaid.

Approved, March 6, 1820.

 

RESOLUTION FOR THE ADMISSION OF MISSOURI-1821

 

[SIXTEENTH CONGRESS, SECOND SESSION]

Resolution providing for the admission or the state of Missouri into the Union.

on a certain condition

 

    Resolved by the Senate and House of Representatives of the United States of America, in, Congress assembled, That Missouri shall be admitted into this union on an equal footing with the original states, in all respects whatever, upon the fundamental condition, that the fourth clause of the twenty-sixth section of the third article of the constitution submitted on the part of said state to Congress, shall never be construed to authorize the passage of any law,  and that no law shall be passed in conformity thereto, by which any citizen, of either of the states in this Union, shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen


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is entitled under the constitution of the United States: Provided, That the legislature of the said state, by a solemn public act, shall declare the assent of the said state to the said fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday in November next, an authentic copy of the said act; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further pro­ceeding on the part of Congress, the admission of the said state into this Union shall be considered as complete.

Approved, March 2, 1821.

 

PROCLAMATION ADMITTING MISSOURI–1821 a

 

BY THE PRESIDENT OF THE UNITED STATES

 

A PROCLAMATION

 

Whereas the Congress of the United States, by  joint resolution of the 2d day of March last, entitled “Resolution providing for the admission of the State of Missouri into the Union on a certain con­dition," did determine and declare that Missouri should be admitted into this Union on an equal footing with the original States in all respects whatever upon the fundamental condition that the fourth clause of the twenty-sixth section of the third article of the con­stitution submitted on the part of said State to Congress shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States of this Union shall be excluded from the enjoy­ment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States: Provided, That the Legislature of said State, by a solemn public act shall declare the assent of the said State to the said fundamental con­dition, and shall transmit to the President of the United States, on or before the first Monday in November next an authentic copy of said act, upon the receipt whereof the President, by proclamation, shall announce the fact, whereupon, and without any further pro­ceeding on the art of Congress, the admission of the said State into this Union shall be considered as complete: " and

Whereas by solemn public act of the assembly of said State of Missouri, passed on the 26th of June, in the present year entitled “A solemn public act declaring the assent of this State to the fun­damental condition contained in a resolution passed by the Congress of the United States providing for the admission of the State of Mis­souri into the Union, on a certain condition," an authentic copy whereof has been communicated to me, it is solemnly and publicly ­enacted and declared that that State has assented, and does assent, that the fourth clause of the twenty-sixth section of the third article of the constitution of said State “shall never be construed to author­ize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from the enjoyment of any of the privi-

 

a Messages and Papers of the Presidents, James D.  Richardson, 11. 95-96.


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leges and immunities to which such citizens are entitled under the Constitution of the United States:

Now, therefore, I, James Monroe, President of the United States, in pursuance of the resolution of Congress aforesaid, have issued this my proclamation announcing the fact that the said State of Missouri has assented to the fundamental condition required by the resolution of Congress aforesaid, whereupon the admission of the said State of Missouri into this Union is declared to be complete.

In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand.

   Done at the city of Washington the 10th of August, A. D., 1821,      (SEAL)     and of the Independence of the said United States of America the forty-sixth.    

JAMES MONROE.

 

By the President:

JOHN QUINCY ADAMS,

Secretary of State.

 

 

 

CONSTITUTION OF MISSOURI-1820 * a

 

We, the people of Missouri, inhabiting the limits hereinafter desig­nated, by our representatives in convention assembled at Saint Louis, on Monday, the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of the " State of Missouri," and for the government thereof do ordain and establish this constitution:

 

ARTICLE

 

OF BOUNDARIES

 

We do declare, establish, ratify, and confirm the following as the permanent boundaries of said State, that is to say: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along the said parallel of latitude to Saint Francois River; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west along the same to a point where the said parallel is intersected by a merid­ian-line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence from the point aforesaid north, along the said meridian-line, to the inter­section of the parallel of latitude which passes through the rapids, of the river Des Moines, making the said line correspond with the Indian boundary-line; thence east from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down

 

* Verified from "The Constitution and Amendments In the Laws of Missouri, 1821-1864."

  a This constitution was framed by a convention which met at Saint Louis June 12, 1820, and completed its labors July 19, 1820.


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and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of the Mississippi River; thence down and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning.

 

ARTICLE II

 

OF THE DISTRIBUTION OF POWERS

 

The powers of government shall be divided into three distinct departments, each of which shall be confided to a separate magistracy; and no person charged with the exercise of powers properly belonging to one of those departments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

 

ARTICLE III

 

OF THE LEGISLATIVE POWER

 

SECTION 1. The legislative power shall be vested in a general assembly, which shall consist of senate and of a house of represent­atives.

SEC. 2. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties. Each county shall have at least one representative; but the whole number of representatives shall never exceed one hundred.

SEC. 3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State two years, and of the county which he represents one year next before his election, if such county shall have been so long established; but if not, then of the county or counties from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 4. The general assembly at their first session, and in the years one thousand eight hundred and twenty-two and one thousand eight hundred and twenty-four, respectively, and every fourth year there­after, shall cause an enumeration of the inhabitants of this State to be made; and at the first session after such enumeration shall appor­tion the number of representatives among the several counties, accord­ing to the number of free white male inhabitants therein.

SEC. 5. The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State four years, and of the district which be may be chosen to represent one year next before his election, if such district shall have been so long established; but if not, then of the district or dis­tricts from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.


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SEC. 6. The senate shall consist of not less than fourteen nor more than thirty-three members; for the election of whom the State shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may re­quire, and the senators shall be apportioned among the several dis­tricts according to the member of free white male inhabitants in each: Provided, That when a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.

SEC. 7. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year; so that one-half of the senators shall be chosen every second year.

SEC. 8. After the first day of January, one thousand eight hundred and twenty-two, all general elections shall commence on the first Monday in August, and shall be held biennially; and the electors, in all cases, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

SEC. 9. The governor shall issue writs of election to fill such vacan­cies as may occur in either house of the general assembly.

SEC. 10. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have resided in this State one year before an election the last three months whereof shall have been in the county or district in which lie offers to vote, shall be deemed a qualified elector of all elective offices: Pro­vided, That no soldier, seaman, or mariner in the Regular Army or Navy of the United States shall be entitled to vote at any election in this State.

SEC. 11. No judge of any court of law or equity, secretary of state, attorney-general, State auditor, State or county treasurer, register, or recorder, clerk of any court of record, sheriff , coroner, member of Congress, nor other person holding any lucrative office under the United States or this State, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the general assembly.

SEC. 12. No person who now is or hereafter may be a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the gen­eral assembly, nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be accountable.

SEC. 13. No person while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, denomination, society, or sect whatsoever, shall be eligible to either house of the general assembly; nor shall he be appointed to any office of profit within the State, the office of justice of the peace, excepted.

SEC. 14. The general assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.

SEC. 15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or


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appointment, shall be disqualified for any office of honor, trust, or profit under this State; and any, person who shall give or offer any bribe to procure the election or appointment of any person, shall, on conviction thereof, be disqualified for in elector, or for any office of honor, trust, or profit under this State, for ten years after such con­viction.

SEC. 16. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased, during his continuance in office, except to such offices as shall be filled by elections of the people.

SEC. 17. Each house shall appoint its own officers, and shall judge of the qualifications, elections, and returns of its own members. A majority of each house shall constitute a quorum to do business; but a small number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penal­ties, as each house may provide.

SEC. 18. Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and with the concur­rence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause.  They shall each, from time to time, publish a journal of their 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 desire of any two members.

SEC. 19. The doors of each house, and of committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine or imprisonment, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence, during their session: Provided, That such fine shall not exceed three hundred dollars, and such imprisonment shall not exceed forty-eight hours for one offence.

SEC. 20. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting.

SEC. 21. Bills may originate in either house, and may be altered, amended, or rejected by 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 depending shall dispense with this rule; and every bill, having passed both houses, shall be signed by the speaker of the house of representatives and by the president of the senate.

SEC. 22. When any officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the general assembly, the votes shall be publicly given viva voce, and entered on the journals. The whole list of members shall be called, and the names of absentees shall be noted and published with the journal.

   SEC. 23. Senators and representatives shall, in all cases, except of treason,  felony, or breach of the peace, be privileged from arrest dur­ing the session of the general assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or debate in either house, they shall not be ques­tioned in any other place.


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SEC. 24. The members of the general assembly shall severally re­ceive from the public treasury a compensation for their services, which may, from time to time, be increased or diminished by law; but no alteration, increasing, or tending to increase the compensation of members, shall take effect during the session at which such altera­tion shall be made.

SEC. 25. The general assembly shall direct by law in what, manner, and in what courts, suits may be brought against the State.

SEC. 26. The general assembly shall not have power to pass laws--

1. For the emancipation of slaves without the consent of their owners; or without paying them, before such emancipation, a full equivalent for such slaves so emancipated; and,

2. To prevent bona-fide immigrants to this State, or actual settlers therein, from bringing from any of the United States, or from  any of their Territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this State.

They shall have power to pass laws--

1. To prohibit the introduction into this State of any slaves who may have committed any high crime in any other State or Territory;

2. To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandise;

3. To prohibit the introduction of any slave, or the offspring of any slave, who heretofore may have been, or who hereafter may be, im­ported from any foreign country into the United States, or any Terri­tory thereof, in contravention of any existing statute of the United States; and,

4. To permit the owners of slaves to emancipate them, saving the right of creditors, where the person so emancipating will give security that the slave so emancipated shall not become a public charge.

It shall be their duty, as soon as may be, to pass such laws as may be necessary--

1. To prevent free negroes and mulattoes from coming to and settling in this State, under any pretext whatsoever; and,

2. To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them extending to life or limb.

SEC. 27. In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury and a slave convicted of a capital offence shall suffer the same degree of punishment, and no other, that would be inflicted on a free white person for a like offence; and courts of justice, before whom slaves shall be tried, shall assign them counsel for their defence.

SEC. 28. Any person who shall maliciously deprive of life or dis­member a slave, shall suffer such punishment as would be inflicted for the like offence if it were committed on a free white person.

SEC. 29. The governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, and all judges of the courts of law and equity, shall be liable to impeachment for any misdemeanor in office; but 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. The party impeached, whether convicted or acquitted, shall, nevertheless, be liable to be indicted, tried, and punished according to law.


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SEC. 30. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate; and, when sitting for that purpose, the senators shall be on oath or affir­mation to do justice according to law and evidence.  When the governor shall be tried, the presiding judge of the supreme court shall preside; and no person shall be convicted without ht concurrence of two-thirds of the senators present.­

SEC. 31. A State treasurer shall be biennially appointed by joint vote of the two houses of the general assembly who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law, and an accurate account of the receipts and expenditures of the public money shall be annually published.

SEC. 32. The appointment of all officers, not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law; and all officers, both civil and military, under the authority of this State, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States, and of this State, and to demean themselves faith­fully in office.

SEC. 33. The general assembly shall meet on the third Monday in September next; on the first Monday in November, eighteen hundred and twenty-one; on the first Monday in November, eighteen hun­dred and twenty-two, and thereafter the general assembly shall meet once in every two years, and such meeting shall be on the first Monday in November, unless a different day shall be appointed by law.

SEC. 34. No county now established by law shall ever be reduced, by the establishment of new counties, to less than twenty miles square; not shall any county hereafter be established which shall contain less than four hundred square miles.

SEC. 35. Within five years after the adoption of this constitution all the statute laws of a general nature, both civil and criminal, shall be revised, digested, and promulgated, in such manner as the general assembly shall direct, and a like revision, digest, and promulgation shall be made at the expiration of every subsequent period of  ten years.

SEC. 36. The style of the laws of this State shall be, “Be it enacted by the general assembly of the State of Missouri.”

 

ARTICLE IV

 

OF THE EXECUTIVE POWER

 

SECTION 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled " The governor of the State of Missouri.”

SEC. 2. The governor shall be at least thirty-five years of age, and a natural-born citizen of the United States, or a citizen at the adoption of the Constitution of the United States, or an inhabitant of that part of Louisiana now included in the State of Missouri at the time of the cession thereof from France to the United States, and shall have been a resident of the same for at least four years next before his election.

 

 

 

 

 


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SEC. 3. The governor shall hold his office for four years, and until a successor be duly appointed and qualified. He shall be elected in the manner following: At the time and place of voting for members of the house of representatives, the qualified electors shall vote for a gov­ernor; and when two or more persons have, in equal number of votes, and a higher number than any person, the election shall be decided between them by a joint vote of both houses of the general assembly, at their next session.

SEC. 4. The governor shall be ineligible for the next four years after the expiration of his term of service.

SEC. 5. The governor shall be commander-in-chief of the militia and navy of the State, except when they shall be called into the service of the United States; bu t he need not command in person, unless advised so to do by a resolution of the general assembly.

SEC. 6. The governor shall have power to remit fines and forfei­tures; and, except in cases of impeachment, to grant reprieves and pardons.

SEC. 7. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, and shall state to them the purposes for which they are convened.

SEC. 8. The governor shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the State.

SEC. 9. When any office shall become vacant, the governor shall appoint a person to fill such vacancy, who shall continue in office until a successor be duly appointed and qualified according to law.

SEC. 10. Every bill which shall have been passed by both houses of the general assembly shall, before it becomes a law, be presented to the governor for his approbation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, and the house shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall be in like manner reconsidered, and if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by yeas and nays; the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if the governor had signed it; unless the general assem­bly, by its adjournment, shall prevent its return, in which case it shall not become a law.

SEC. 11. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on cases of adjournment, shall be presented to the governor, and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill.                  


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SEC. 12. There shall be all auditor of public accounts, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall continue in office four years, and shall perform such duties as may be prescribed by law. His office shall be kept at the seat of government.

SEC. 13. The governor shall, at stated times, receive for his services all adequate salary, to be fixed by law, which shall neither be increased nor diminished during his continuance in office, and which shall never be less than two thousand dollars annually.

SEC. 14. There shall be a lieutenant-governor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualification as the governor. The electors shall distinguish for whom they vote as governor and for whom as lieu­tenant-governor.

SEC. 15. The lieutenant-governor 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 he shall give the casting vote in senate, and also in joint votes of both houses.

SEC. 16. When the office of governor shall become vacant, by death, resignation, absence from the State, removal from office, refusal to qualify, impeachment, or otherwise, the lieutenant-governor, or, in case of like disability on his part, the president of the senate pro tempore, or, if there be no president of the senate pro tempore, the speaker of the house of representatives shall possess all the powers and discharge all the duties of governor, and shall receive for his services the like compensation, until such vacancy be filled, or the governor so absent or impeached shall return or be acquitted.

SEC. 17. Whenever the office of governor shall become vacant, by death, resignation, removal from office, or otherwise, the lieutenant-­governor, or other person exercising the powers of governor for the time being, shall, as soon as may be, cause all election to be held to fill such vacancy, giving three months' previous notice thereof ; and the person elected shall not thereby be rendered ineligible to the office of governor for the next succeeding term. Nevertheless, if such vacancy shall happen within eighteen months of the end of the term for which the late governor shall have been elected, the same shall not be filled.

SEC. 18. The lieutenant-governor, or president of the senate pro tempore, residing in the senate, shall receive the same compen­sation as shall be allowed to the speaker of the house of representa­tives.

SEC. 19. The returns of all elections of governor and lieutenant-­governor shall be made to the secretary of state, in such manner as may be prescribed by law.

SEC. 20. Contested elections of governor and lieutenant-governor shall be decided by joint vote of both houses of the general assembly, in such manner as may be prescribed by law.

SEC. 21. There shall be a secretary of state, whom the governor, by and with the advice and consent of the senate, shall appoint.  He shall hold his office four years, unless sooner removed on impeachment.  He shall keep a register of all the official acts an proceedings of the governor, and, when necessary, shall attest them; and he shall lay the same, together with all papers relative thereto, before either


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house of the general assembly, whenever required so to do; and shall perform such other duties as may be enjoined on him by law.

SEC. 22. The secretary of state shall, as soon as may be, procure a seal of state, with such emblems and devices as shall be directed by law, which shall not be subject to change.  It shall be called The Great Seal of the State of Missouri; shall be kept by the secretary of state; and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.

SEC. 23. There shall be appointed in each county a sheriff and a coroner, who, until the general assembly shall otherwise provide, shall be elected by the qualified electors, at the time and place of electing representatives. They shall serve for two years, and until a successor be duly appointed and qualified, unless sooner removed for misde­meanor in office, and shall be ineligible four years in any period of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office in such manner as shall be proscribed by law. Whenever a county shall be hereafter estab­lished, the, governor hall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election, and until a successor shall be duly qualified.

SEC. 24. When vacancies happen in the office of sheriff or coroner, they shall be filled by appointment of the governor; and the persons so appointed shall continue in office until successors shall be duly qualified, and shall not be thereby rendered ineligible for the next succeeding term.

SEC. 25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit courts of the counties respectively shall give the casting vote; and all contested elections for the said offices be decided by the circuit courts respectively, in such manner as the general assembly may by law prescribe.

 

ARTICLE V

 

OF THE JUDICIAL POWER

 

SECTION 1. The judicial power, as to matters of law and equity, shall be vested in a supreme court, in a chancellor, in circuit courts, and in such inferior tribunals as the general assembly may from time to time ordain and establish.

SEC. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under the restrictions and limitations in this constitution provided.

SEC. 3. The supreme court shall have a general superintending con­trol over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.

SEC. 4. The supreme court shall consist of three judges, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the State.

SEC. 5. The State shall be divided into convenient districts, not to exceed four; in each of which the supreme court shall hold two ses­sions annually, at such place as the general assembly shall appoint;


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and, when sitting in either district, it shall exercise jurisdiction over causes originating in that district only: Provided, however, That the general assembly may, at any time hereafter, direct by law that the said court shall be held at one place only.

SEC. 6. The circuit court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by that general assembly.  It shall hold its terms in such place in each county as may be by law directed.

SEC. 7. The State shall be divided into convenient circuits, for each of which a judge shall be appointed, who, after his appointment, shall reside, and be a conservator of the peace, within the circuit for which he shall be appointed.

SEC. 8. The circuit court shall exercise a superintending control over all such inferior tribunals as the general assembly may establish, and over justices of the peace in each county in their respective cir­cuits.

SEC. 9. The jurisdiction of the court of chancery shall be coexten­sive with the State, and the times and places of holding its sessions shall be regulated in the same manner as those of the supreme court.

SEC. 10. The court of chancery shall have original and appellate jurisdiction in all matters of equity, and a general control over execu­tors, administrators, guardians, and minors, subject to appeal, in all cases, to the supreme court, under such limitations as the general assembly may by law provide.

SEC. 11. Until the general assembly shall deem it expedient to establish inferior courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the court of chancery, in such manner and under such restrictions as shall be pre­scribed by law.

SEC. 12. Inferior tribunals shall be established in each county for the transaction of all county business, for appointing guardians, for granting letters-testamentary and of administration, and for settling the accounts of executors, administrators, and guardians.

SEC. 13. The governor shall nominate and, by and with the advice and consent of the senate, appoint the judges of the superior court, the judges of the circuit courts, and the chancellor, each of whom shall hold his office during good behavior, and shall receive for his services a compensation, which shall not be diminished during his continuance in office, and which shall not be less than two thousand dollars annually.

SEC. 14. No person shall be appointed a judge of the supreme court, nor of a circuit court, nor chancellor, before he shall have attained to the age of thirty years, nor shall any person continue to exercise the duties of any of said offices after he shall have attained to the age of sixty-five years.

SEC. 15. The courts respectively shall appoint their clerks, who shall hold their offices during good behavior.  For any misdemeanor in office they shall be liable to be tried and removed by the supreme court, in such manner as the general assembly shall by law provide.

SEC. 16. Any judge of the supreme court, or of the circuit court, or the chancellor, may be removed from office on the address of t­wo-thirds of each house of the general assembly to the governor for that


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purpose, but each house shall state, on its respective journal the cause for which it shall wish the removal of such judge or chancellor, and give him notice thereof, and he shall have the right to be heard in his defence in such manner as the general assembly shall by law direct; but no judge or chancellor shall be removed in this manner for any cause for which he might have been impeached.

SEC. 17. In each county there shall be appointed as many justices of the peace as the public good may be thought to require. Their powers and duties and their duration in office shall be regulated by law.

SEC. 18. An attorney-general shall be appointed by the governor, by and with the advice and consent of the senate. He shall remain in office four years, and shall perform such duties as shall be required of him by law.

SEC. 19. All writs and process shall run and all prosecutions shall be conducted in the name of the “State of Missouri;” all writs shall be tested by the clerk of the court from which they shall be issued, and all indictments, shall conclude, “against the peace and dignity of the State.”

 

ARTICLE VI

 

OF EDUCATION

 

SECTION 1. Schools and the means of education shall forever be encouraged in this State; and the general assembly shall take measures to preserve from waste or damage such lands as have been, or here­after may be, granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant. One school or more shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis.

SEC. 2. The general assembly shall take measures for the improve­ment of such lands, as have been, or hereafter may be, granted by the United States to this State for the support of a seminary of learning, and the funds accruing from such lands, by rent or lease, or in any other manner, or which may be obtained from any other source, for the purposes aforesaid, shall be and remain a permanent fund to sup­port a university for the promotion of literature and of the arts and sciences, and it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement of such lands, and for the improvement and permanent security of the funds and endowments of such institution.

 

 ARTICLE VI I

 

OF INTERNAL IMPROVEMENT

 

Internal improvement shall forever be encouraged by the govern­ment of this State, and it shall be the duty of the general assembly, as soon as may be, to make provision by law for ascertaining the most proper objects of improvement, in relation both to roads and navig­able waters; and it shall also be their duty to provide by law for a systematic and economical application of the funds appropriated to those objects.

 


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ARTICLE VIII

 

OF BANKS

 

The general assembly may incorporate one banking company, and no more, to be in operation at the same time.

The bank to be incorporated may have any number of branches not to exceed five, to be established by law, and not more than one branch shall be established at any one session of the general assembly. The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one-half of which shall be reserved for the use of the State.

 

ARTICLE IX

OF THE MILITIA

 

SECTION 1. Field-officers and company-officers shall be elected by the persons subject to militia duty within their respective commands. Brigadiers-general shall be elected by the field-officers of their respec­tive brigades, and majors-general by the brigadiers and field-officers of their respective divisions, until otherwise directed by law.

SEC. 2. General and field officers shall appoint their officers of the staff.

SEC. 3. The governor shall appoint an adjutant-general, and all other militia officers whose appointments are not otherwise provided for in this constitution.

 

ARTICLE X

 

OF MISCELLANEOUS PROVISIONS

 

SECTION 1. The general assembly of this State shall never interfere with the primary disposal of the soil of the United States, nor with any regulation Congress may find necessary for securing the title in such soil to the bona fide purchasers.  No tax shall be imposed on lands the property of the United States, nor shall lands belonging to persons residing out of the limits of this State ever be taxed higher that the lands belonging to persons residing within the State.

SEC. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said State, so far as the said river shall form a common boundary to the said State and any other State or States, now or hereafter to be formed, and bounded by the same; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this State, shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, impost, or toll therefor imposed by the State.

                                                                                                       

ARTICLE XI

 

OF THE PERMANENT SEAT OF GOVERNMENT

 

SECTION 1. The general assembly, at their first session, shall appoint five commissioners for the purpose of selecting a place for the perma­nent seat of government, whose duty it shall be to select four sections

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of the land of the United States which shall not have been exposed to public sale.

SEC. 2. If the commissioners believe the four sections of land, so by them to be selected, be not a suitable and proper situation for the permanent seat of government, they shall select such other place as they may deem most proper for that purpose, and report the same to the general assembly at the time of making their report provided for in the first section of this article: Provided, That no place shall be selected which is not situated on the bank of the Missouri River, and within forty miles of the mouth of the river Osage.

SEC. 3. If the general assembly determine that the four sections of land which may be selected by authority of the first section of this article be a suitable and proper place for the permanent seat of gov­ernment, the said commissioners shall lay out a town thereon, under the direction of the general assembly; but if the general assembly deem it most expedient to fix the permanent seat of government at the place to be selected by authority of the second section of this article, they shall so determine, and in that event shall authorize the said commissioners to purchase any quantity of land, not exceeding six hundred and forty acres, which may be necessary for the purpose aforesaid; and the place so selected shall be the permanent seat of government of this State from and after the first day of October, one thousand eight hundred and twenty-six.

SEC. 4. The general assembly, in selecting the above-mentioned commissioners, shall choose one from each extreme part of the State, and one from the centre, and it shall require the concurrence of at least three of the commissioners to decide upon any part of the duties assigned to them.

 

ARTICLE XII

 

MODE OF AMENDING THE CONSTITUTION

 

The general assembly may at any time propose such amendments to this constitution as two-thirds of each house shall deem expedient, which shall be published in all the newspapers published in this State three several times, at least twelve months before the next gen­eral election; and if, at the first session of the general assembly after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid, to all intents and purposes, as parts of this constitution: Provided, That such pro­posed amendments shall be read on three several days, in each house, as well when the same are proposed as when they are finally ratified.

 

ARTICLE XIII

 

DECLARATION OF RIGHTS

 

That the general, great, and essential principles of liberty and free government may be recognized and established, we declare-

a SECTION 1. That all political power is vested in, and derived from, the people.

SEC. 2. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police

 

a " Section " in this Declaration is omitted in the original.


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thereof, and of altering and abolishing their constitution and form of government whenever it may be necessary to their safety and happi­ness.

SEC. 3. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance, and that their right to bear arms in defence of themselves and of the State cannot be questioned.

SEC. 4. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con­sciences; that no man can be compelled to erect, support, or attend any place of worship, or to maintain any minister of the gospel or teacher of religion; that no human authority can control or interfere with the rights of conscience; that no person can ever be hurt molested, or restrained in his religious profession or sentiments, if he do not disturb others in their religious worship.

SEC. 5. That no person, on account of his religious opinions, can be rendered ineligible to any office of trust or profit under this State; that no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established in this State.

SEC. 6. That all elections shall be free and equal.

SEC. 7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay; and that no private property ought to be taken or applied to public use without just compensation.

SEC. 8. That the right of trial by jury shall remain inviolate.

SEC. 9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel;. to demand the nature and cause of accusation; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and, in prose­cutions on presentment or indictment, to a speedy trial, by an im­partial jury of the vicinage; that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty, or property but by the judgment of his peers, or the law of the land.

SEC. 10. That no person, after having been once acquitted by a jury, can, for the same offence, be again put in jeopardy of life or limb; but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term or such court.

SEC. 11. That all persons shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presump­tion great; and the privilege of the writ of habeas corpus can not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

SEC. 12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

   SEC. 13. That the people ought to be secure in their persons, papers, houses, and effects from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, can issue without describing the place to be searched, or the person or


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SEC. 14. That no person can, for an indictable offence, be proceeded against criminally, by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.

SEC. 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.

SEC. 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.

SEC. 17. That no ex post facto law, nor law impairing the obliga­tion of contracts, or retrospective in its operations, 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.

SEC. 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.

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

SEC. 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 behavior of the officer appointed to fill the same.

SEC. 21. That emigration from this State can not be prohibited.

SEC. 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

 

SECTION 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


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the authority of the Territory of Missouri shall be as valid as if issued in the name of the State.

SEC. 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.

SEC. 3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Missouri, shall accrue to the use of the State.

SEC. 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.

SEC. 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.

SEC. 6. The first meeting of the general assembly shall be at Saint 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; anything in the constitution to the contrary notwithstanding.

SEC. 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 Saint Charles to three representatives, the county of Saint 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 Saint Genevieve to four representatives, the county of Cape Girardeau 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 Saint Lawrence, situ­ated within this State, shall attach to and form part of the county


2166                         Missouri-1820

 

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, any­thing in this constitution to the contrary notwithstanding.

SEC. 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 Saint 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 Saint 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 Saint 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 Girardeau 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, anything in this constitution to the contrary notwithstanding.

SEC. 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 all 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 Seventeenth 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, anything in this constitution to the contrary notwithstanding.

SEC. 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 bouse 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,


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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 hereinbefore provided; and the returns of the election for member of Congress shall be made to the secretary of the State within thirty days after the day of election.

SEC. 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.

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

                                                                             

W.M. G. PETTUS,  Secretary.                                   DAVID BARTON, President.

 

ORDINANCE

 

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

 


2168                         Missouri1820

 

shall never sell nor lease the same, at any one time, for longer period than ten years, without the consent of Congress.

" 3d. That 5 per cent. of the net 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 ex­pense 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.

“ 4th. That four entire sections of land be, and the same are hereby, granted to the said State, for the purpose of fixing their seat of government thereon; which said sections shall, under the direction of the legislature of said State, be located, as near as may be, in one body, at any time, in such. townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: Provided, That such location shall be made prior to the public sale of the lands of the United States surrounding such location.

" 5th. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of said State, to be appropriated, solely for the use of such seminary, by the legislature: "

Now, this convention, for and in behalf of the people inhabiting this State, and by the authority of the said people, do accept the five before-recited propositions, offered by the act of Congress under which they are assembled; and, in pursuance of the conditions, requisitions, and other provisions in the before-recited act of Con­gress contained, this convention, for and in behalf of the people inhabiting this State, do ordain, agree, and declare that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the respective days of sale thereof. And that the bounty-lands granted, or hereafter to be granted, for military services, during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from taxa­tion, for the term of three years from and after the date of the pat­ents, respectively; Provided, nevertheless, That if the Congress of the United States shall consent to repeal and revoke the following clause in the fifth proposition of the sixth section of the act of Con­gress before recited, and in these words, viz: " That every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax, laid by order or under the authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale, and further'”–that this convention, for and in behalf of the people of the State of Missouri, do hereby ordain, consent, and agree that the same be so revoked and repealed; without which consent of the Congress as aforesaid, the said clause


Missouri1820            2169

 

to remain in full force and operation as first above provided for in this ordinance; and this convention doth hereby request the Con­gress of the United States so to modify their third proposition that the whole amount of 5 per cent. on the sale of public lands therein offered may be applied to the construction of roads and canals, and the promotion of education within this State, under the direction of the legislature thereof. And this convention, for and in behalf of the people inhabiting this State, and by the authority of the said people, do further ordain, agree, and declare that this ordinance shall be irrevocable without the consent of the United States.

Done in convention, at Saint Louis, in the State of Missouri, this nineteenth day of July, in the year of our Lord one thousand eight hundred and twenty, and of the Independence of the United States of America the forty-fifth.

By order of the convention:

                                                                DAVID BARTON, President.

 

WM. G. PETTUS, Secretary.                                      

 

AMENDMENTS TO THE CONSTITUTION OF 1820 a

 

(Ratified 1822)

 

ARTICLE I. SECTION 1. The office of chancellor is hereby abolished, and the supreme courts and circuit courts shall exercise chancery jurisdiction, in such manner and under such restrictions as shall be prescribed by law.

SEC. 2. The judicial power, as to matters of law and equity, shall be vested in a supreme court in circuit courts, and in such inferior tribunals as the general assembly may, from time to time, ordain and establish: Provided, The general assembly may establish a court or courts of chancery, and, from time to time, prescribe the jurisdiction, powers, and duties thereof.

SEC. 3. The judges of the supreme court, and the judges of the cir­cuit courts, and chancellor shall, at stated times, receive a compensa­tion for their services, to be fixed by law.

SEC. 4. No person holding an office of profit under the United States, and commissioned by the President, shall, during his continu­ance in such office, be eligible, appointed to, hold, or exercise any office of profit under this State.

SEC. 5. So much of the thirteenth section of the fourth article of the constitution of this State as provides that the compensation of the governor shall never be less than two thousand dollars annually, shall be repealed.

SEC. 6. So much of the thirteenth section of the fifth article of the constitution of this State as provides that the compensation of the judges of the supreme and circuit courts, and chancellor, shall never be less than two thousand dollars annually, shall be repealed.

SEC. 7. The offices of the judges of the supreme court, and of the judges of the circuit courts, shall expire at the end of the first session

 

a The amendments to the constitution of 1820, adopted prior to, and in 1861, were framed by the legislature, in accordance with Article XII.  The others were framed by a  State convention which met February 28, 1861, and, after repeated adjournments, completed its labors July 1, 1863.


2170                        Missouri1820

 

of the next general assembly of this State, or as soon as their successors are, respectively, elected and qualified.

 

(Ratified 1834--35)

 

ART. II. SECTION 1. That the offices of the several judges of the circuit courts within this State shall be vacated on the 1st day of January, 1836.

SEC. 2. That so much of the fifteenth section of the fifth article of the constitution of this State as provides that the courts, respectively, shall appoint their clerks, and that they shall hold their offices during good behavior, shall be, and the same is hereby, abolished.

SEC. 3. That the offices of the clerks of the several courts within this State shall be vacated on the first day of January, one thousand eight hundred and thirty-six; and the clerks of the circuit and county courts of the respective counties shall be elected by the qualified elect­ors of their respective counties, and shall hold their offices for the term of six years, and until their successors are duly elected, commissioned, and qualified.

  SEC. 4. That the boundary of the State be so altered and extended as to include all that tract of land lying on the north side of the Mis­souri River, and west of the present boundary of this State, so that the same shall be bounded on the south by the middle of the main channel of the Missouri River, and on the north by the present north­ern boundary-line of the State, as established by the constitution, when the same is continued in a right line to the west, or to include so much of said tract of land as Congress may assent.

 

(Ratified 184849)

 

ART. III. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties, apportioned in the following manner, to wit: The ratio of representation shall be ascertained at each apportioning session of the legislature by dividing the whole, number of permanent free white inhabitants of the State by the number of one hundred and forty; each county having said ratio, or less, shall be entitled to one repre­sentative; each county having said ratio and a fraction over equal to three-fourths, shall be entitled to two representatives; each county hav­ing three times said ratio, shall be entitled to three representatives; each county having four times said ratio and a fraction over equal to one-half, shall be entitled to four representatives; each county having six times said ratio, shall be entitled to five representatives; each county having eight times said ratio, shall be entitled to six repre­sentatives; each county having ten times said ratio, shall be entitled to seven representatives; each county having thirteen times said ratio, shall be entitled to eight representatives; each county having fifteen times said ratio, shall be entitled to nine representatives; each county having eighteen times said ratio shall be entitled to ten representa­tives; each county having twenty-two times said ratio, shall be enti­tled to eleven representatives; each county having twenty-four times said ratio, shall be entitled to twelve representatives; any county hav­ing more than twenty-four times said ratio, shall be represented in the same proportion. And the general assembly which shall meet in


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the year eighteen hundred and forty-eight, and every fourth year thereafter, shall apportion the number of representatives among the several counties as herein directed. And the members of the general assembly shall receive, as compensation for their services, not to ex­ceed three dollars per day for the first sixty days; and after that time not to exceed one dollar per day for the remainder of the session, except at a revising session, they may receive a compensation not to exceed three dollars per day for the first one hundred days, and one dollar per day for the remainder of the session; but the general assem­bly may allow a greater compensation to the presiding officer of each house. No county now established by law shall ever be reduced, by the establishment of new counties, to less than twenty miles square, nor to less than five hundred square miles, nor below the ratio of representation then required; nor shall any county be hereafter estab­lished containing less than five hundred square miles; nor shall any county hereafter established be entitled to separate representation, unless the number of permanent free white inhabitants therein shall at the time be equal to three-fourths of the ratio of representation then being, but may be organized with-a smaller number for all other purposes, civil and military. The second, fourth, twenty-fourth, and thirty-fourth, sections of the third article of the constitution are hereby abolished.

ART. IV. The thirteenth section of the fifth article of the constitu­tion is hereby abolished, and the following is adopted in lieu thereof :

"The governor shall nominate and, by and with the advice and consent of the senate, appoint the judges of the supreme court and the judges of the circuit courts.

“Each judge of the supreme court shall be appointed for the term of twelve years, and each judge of the circuit courts shall be appointed for the term of eight years; and every appointment to fill a vacancy shall be for the residue of the term only; but in all cases the judge shall continue in office until a successor shall be appointed and qualified.  The judges of the supreme and circuit courts shall be eligible to reappointment.  The offices of the several supreme and circuit judges shall be vacated on the first day of March, eighteen hundred and forty-nine.” a

ART. V. If there be a vacancy in the office of judge of any circuit, or if he be sick, absent, or from any cause unable to hold any term of court of any county of his circuit, such term of court may be held by a judge of any other circuit; and, at the request of the judge of any circuit, any term of court in his circuit may be held by the judge of any other circuit.

 

(Ratified 1850-51)

 

ART. VI. SECTION 1. That hereafter the judges of the supreme court shall be elected by the qualified electors of the State; and each shall hold his office for the term of six years only, but may continue in office until his successor shall be elected and qualified; and if any vacancy shall happen in the office of any judge of the supreme court by death, resignation, removal out of the State, or by any other

 

a  This article  was abolished by the adoption of Articles VI and VII of amendments.


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disqualification, the governor shall, upon being satisfied that a va­cancy exists, issue a writ of election to fill such vacancy; but every election to fill a vacancy shall be for the residue of the term only.  The general assembly shall provide by law for the election of said judges by the qualified voters in the State; and in case of a tie, or a contested election, between the candidates, the same shall be determined in the manner to be prescribed by law; and the general assembly shall also provide for an election to fill any vacancy which shall occur at any time within twelve months preceding a general election for said judges. The first general election for supreme-court­ judges shall be on the first Monday in August A. D. 1851, and on the first Monday in August every six years thereafter. If a vacancy shall occur in the office of a supreme-court judge, less than twelve months before a general election for said judges, such vacancy shall be filled by an appointment by the governor; and the judge so ap­pointed shall hold his office only until the next general election for said judges.

SEC. 2. The offices of the several supreme-court judges shall be vacated on the first Monday in August, A. D. 1851; and all parts of the original constitution, or of any amendment thereto, inconsistent with or repugnant to this amendment are hereby abolished;

ART. VII That so much of the thirteenth section of the fifth article of the constitution of this State, ratified at the present session of the general assembly, as provides that the governor shall nominate and, by and with the advice and consent of the senate, appoint the judges of the circuit courts, and that each judge of the circuit courts shall be appointed for the term of eight years, and that every ap­pointment to fill a vacancy of such judge shall be for the residue of the term only, is hereby abolished; and hereafter each judge of the circuit courts shall be elected by the qualified electors of their respective circuits, and shall be elected for the term of six years, but may continue in office until his successor shall be elected and qualified; and if any vacancy shall happen in the office of any circuit judge, by death, resignation, removal out of his circuit, or by any other disqualification, the governor shall, upon being satisfied that a vacancy exists, issue a writ of election to fill such vacancy: Provided, That said vacancy shall happen at least six months before the next general election for said judge; but if such vacancy shall happen within six months of the general election aforesaid, the gov­ernor shall appoint a judge for such circuit; but every such election or appointment to fill a vacancy shall be for the residue of the term only. And the general assembly shall provide by law for the election of said judges in their respective circuits; and in case of a tie or con­tested election between the candidates, the same shall be determined in the manner to be prescribed by law. And the general assembly shall provide by law for the election of said judges in their respective circuits, to fill any vacancy which shall occur at any time at least six months before a general election for said judges. The first general election for circuit judges shall be on the first Monday in August, A. D. 1851, and on the first Monday in August every six years there­after. No judicial circuit shall be altered or changed at any session of the general assembly next preceding the "general election for said judges. The offices of the several circuit judges shall be vacated on the first Monday in August, A. D. 1851.


Missouri-1820                  2173

 

ART. VIII. SECTION 1. That the twenty-first section of the fourth article of the Constitution of the State of Missouri be, and the same is hereby, abolished.

SEC. 2. There shall be a secretary of state, who shall be elected by the qualified voters of this State, at such time and in such manner as shall be provided by law. He shall hold his office for four years, unless sooner removed by an impeachment. He shall keep a register of the official acts of the governor, and, when necessary, shall attest them, and he shall lay the same, together with all papers relating thereto, before either house of the general assembly, whenever required so to do, and shall perform such other duties as may be enjoined on him by law.

SEC. 3. The eighteenth section of the fifth article of the constitution of the State of Missouri is hereby abolished.

SEC. 4. There shall be an attorney-general, who shall be elected by the qualified voters of this State, at such times and in such manner as shall be provided by law. He shall remain in office four years, and shall perform such duties as shall be required of him by law.

SEC. 5. The twelfth section of the fourth article of the constitution of this State is hereby abolished.

SEC. 6. There shall be an auditor of public accounts, who shall be elected by the qualified voters of this State, at such times and in such manner as shall be provided by law. He shall remain in office four years, and shall perform such duties as shall be required of him by law. His office shall be kept at the seat of government.

SEC. 7. The thirty-first section of the third article of the constitu­tion of this State is hereby abolished.

SEC. 8. A State treasurer shall be elected by the qualified voters of this State, at such times and in such manner as shall be provided by law, who shall continue in office for four years, and who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law, and an accurate account of the receipts and expenditures of the public money shall annually be published.

SEC. 9. There shall be a register of lands elected by the qualified voters of this State, at such time and in such manner as shall be pro­vided by law. He shall hold his office for four years, shall keep his office at the seat of government, and shall perform such duties as shall be required of him by law.

 

(Ratified 1852-53)

 

ART. IX. The legislature shall have no power to grant divorces but may authorize the courts of justice to grant them, for such causes as may be specified by law: Provided, That such laws be general and uniform in their operation throughout the State.

 

(Ratified 1854-55)

 

ART. X. That all that territory now known as the county of Schuyler is hereby declared to constitute a constitutional county, and, as such, shall be entitled to all the privileges, civil and political, which now belong to any county within the State of Missouri.

Article eight of the constitution of the State of Missouri, respecting banks, be, and the same is hereby, abolished, and the following substituted in lieu thereof:


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"ART. VIII. The general assembly shall have power to establish such bank or banks as may be deemed necessary for the interests of the State; but every bank so established shall be based upon a specie capital, and made liable to redeem its issues in gold or silver: Pro­vided, That the number of banks chartered shall never exceed ten, and the aggregate amount of capital shall never exceed twenty mil­lions of dollars."

 

(Ratified 1859)

 

The public debt of this State, created by the issue of bonds or other State securities, or by incurring any State liability whatever, for the prosecution of internal improvements, or for any other purpose, shall never exceed the sum of thirty millions of dollars; and the legisla­ture shall have no power to create any State liability beyond this amount, except to repel invasion, or to suppress insurrection or civil war.

 

(Ratified 1861)

 

The general assembly shall have power to establish a county, con­sisting of all that territory lying within the following limits, which shall possess and enjoy all the powers and privileges of any county now established, anything in the third article of amendments to the constitution to the contrary notwithstanding; namely, the territory lying between the northern boundary of Gentry County proper and the northern boundary of the State of Missouri, and between the former western boundary of said State and the line dividing ranges twenty-nine and thirty west of the fifth principal meridian

ORDINANCES OF THE CONVENTION OF MISSOURI-1861-63* a

 

AMENDING THE CONSTITUTION OF 1820

 

The people of the State of Missouri, by their delegates in conven­tion assembled, do ordain as follows:

First. That the offices of governor, lieutenant-governor, secretary of state, and members of the general assembly be, and the same are hereby, vacated.

 

* Journal and Proceedings of the Missouri State Convention Held at Jefferson City and St. Louis, March, 1861. St. Louis: George Knapp & Co., Printers and Binders, 1861. pp. 65. pp. 269.

Also, Journal of the Missouri State convention Held at Jefferson City, July, 1861. St. Louis: George Knapp & Co., Printers and Binders, 1861. pp. 136.

Journal of the Missouri State Convention Held at the City of St. Louis, October, 1861. St. Louis: George Knapp & Co., Printers and Binders, 1861. pp. 111.

Journal of the Missouri State Convention, held in Jefferson City, June 1862. St. Louis: George Knapp and Co., Printers and Binders. 1862. pp. 32.

Proceedings of the Missouri State Convention, held in Jefferson City, June 1862. St. Louis: George Knapp & Co., Printers and Binders. 1862. pp. 253.

Journal of the Missouri State Convention Held in Jefferson City, June, 1863. St. Louis: George Knapp & Co., Printers and Binders. 1863. pp. 54. Appendix, pp. 16.

Proceedings of the State Convention held in Jefferson City June, 1863. St Louis: George Knapp & Co., Printers and Binders, 1863. pp. 380.

a These ordinances were passed by a regularly-convened State convention which assembled at Jefferson City February 28, 1861, and adjourned March 22, 1861; reassembled July 22, 1861, and adjourned  July 31; reassembled October 10, 1861, and adjourned October 18; reassembled June 2, 1862, and adjourned June 14; reassembled June 15, 1863, and adjourned sine die July 1, 1863.


Missouri-1861-1863   2175

 

Second. A governor, lieutenant-governor, and secretary of state shall be appointed by this convention to discharge the duties and exercise the powers which pertain to their respective offices by the existing laws of the State, and to continue in office until the first Monday of November, 1861, and until their successors are elected and qualified, or until the qualified voters, as hereinafter provided, disapprove the action of this convention.

Third. On the first Monday of November, 1861, a governor, lieu­tenant-governor, and secretary of state, and members of the general assembly, shall be elected by the qualified voters of this State, to hold their offices during the term for which the present incumbents of said offices were elected.

Fourth. The elections provided to be held by this ordinance on the first Monday of November, 1861, shall be conducted in the same man­ner in all respects as is now provided by the election laws of this State now in force, and shall be held by the qualified voters of the State, at the same place in the election precincts now established by law where the elections were held for delegates to this convention on the 18th day of February last; and in case any clerk shall fail to make out the proper poll-books, or in case any sheriff shall fail to deliver the same to the judges of election, then the clerks of the election may proceed to make out such poll-books.

Fifth. In case the clerks of the several courts, whose duty it is as now provided by law to certify and send tip to the secretary of state an abstract of the votes given at such election, or in case there should be a failure to receive such returns at the seat of government within twenty days after the first Monday of November, 1861, the secretary of state shall dispatch a messenger to the county not returned, with directions to bring up the poll-books authorized to be retained by the judges of election, and the secretary of state, in the presence of the governor, shall proceed to cast up the votes given at such election, and shall thereupon proceed to issue commissions to the candidates having the highest number of votes.

Sixth. Be it further ordained, That the returns of the election for governor, lieutenant-governor, and secretary of state, provided for by this ordinance, shall be made to the office of the secretary of state as now provided by law; and the secretary of state, within forty days after the first Monday of November, 1861, or sooner if the returns shall have been made, shall, in the presence of the governor, proceed to cast up the votes given at said election for governor, lieutenant­-governor, and secretary of state; and shall give to the persons having the highest, number of votes for these offices respectively certificates of their election; and the persons so elected shall immediately there­after be qualified and enter upon the discharge of the duties of their respective offices.

Adopted, July 30, 1861.

 

CONCERNING THE ARROGATION OF CERTAIN LAWS.

 

Whereas the general assembly of the State of Missouri did, in secret session, contrary to the known wishes of their constituents, in viola­tion of the constitution and the dearest rights and interests of the people, and for the purpose of dissolving the political relations of this State to the Government of the United States, and subverting the


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institutions of this State, enact certain odious laws hereinafter enu­merated: Therefore,

First. Be it ordained by the people of Missouri, in convention assembled, That an act entitled "An act to provide for the organiza­tion, government, and support, of the military forces of the State of Missouri," approved May 14, 1861; also, an act to create a military fund for the State, entitled "An act to raise money to arm the State, repel invasion, and protect the lives and property of the people of Missouri, approved May 11, 1861; also, an act entitled An act to authorize the appointment of one major-general for the Missouri militia, approved May 15, 1861; also, a Joint resolution to suspend the apportionment of the State school-money for the year 1861, approved May 11, 1861; also, an act entitled An act to perpetuate friendly relations with the Indian tribes,approved May 11, 1861; be, and the same are hereby, repealed and declared of no effect or validity whatever.

Second. That all commissions issued or appointments made under the authority of the above-recited acts, or any of them, be, and the same are hereby, annulled; and all soldiers an other persons serving or employed under any of said acts are hereby disbanded and dis­charged from such service or employment.

Third. And be it further ordained, That for the purpose of pro­viding for the organization of the militia of the State, the following act, to wit an act entitled "An act to govern and regulate the volun­teer militia of the State, " approved December 31, 1859, be, and the same is hereby, revived and declared to be in full force and effect.

Adopted, July 30,1861.

 

SUBMITTING THE ACTION OF THE CONVENTION TO THE PEOPLE

 

Be it ordained by the people of Missouri, in convention assembled That at the election provided to be held on the first Monday of November, eighteen hundred and sixty-one, for the election of gover­nor, lieutenant-governor, secretary of state, and members of the gen­eral assembly, the several clerks of the county courts, or, in case said clerks shall fail, then the clerks of the election, in making the poll-­books for the election, shall provide two columns, one headed "For the action of the convention, and the other "Against the action of the convention; " and if a majority of the legal votes given upon the action of the convention be for the same, then the officers elected shall hold their offices as provided by the ordinance for their election; but if a majority of the votes cast as aforesaid be against the action of the convention, then said election shall be null and void, and the per­sons so chosen shall not enter upon the discharge of the duties of their offices, the officers chosen by this convention shall go out of office, and the ordinance of this convention providing for the abrogation of certain acts of the legislature shall thereafter be of no force or effect whatever. The returns of the votes so cast on the action of the convention shall be made to the office of secretary of state in the same manner as is provided by ordinance. of this convention in regard to the offices of governor, lieutenant-governor, and secretary of state, and the votes shall be cast up by the same officer; and when the result


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thereof shall be ascertained, the governor appointed by this convention shall, by public proclamation, announce the same, which proclamation shall be filed in the office of secretary of state.

Adopted, July 30, 1861.

 

CHANGING THE TIME OF HOLDING THE ELECTIONS

 

Whereas this convention did, during its session at Jefferson City, on the 30th day of July, A. D. 1861, adopt an ordinance providing for the election of certain State officers, and also an ordinance providing for submitting its action to the people of the State of Missouri, and appointing a time therefor; and whereas it is manifest that, by reason of the disturbed condition of the State, it will be impossible, at the time so appointed, to elicit a fair expression of the popular will: Therefore,

Be it ordained by the people of the State of Missouri, in convention  assembled, as follows, to wit:

First. That so much of an ordinance entitled "An ordinance pro­viding for certain amendments to the constitution," (adopted on the 30th day of July, A. D. 1861,) as provides for the election of a gov­ernor, lieutenant-governor, secretary of state, and members of the general assembly, on the first Monday of November, A. D. 1861, and so much of an ordinance entitled "An ordinance for submitting the action of this convention to a vote of the people of Missouri," (adopted on the same day,) as provides for submitting the action of this convention to a vote of the people on the first Monday of Novem­ber, A. D. 1861, be, and the same are hereby, so modified that said elections shall not be held on the day therein named, but instead thereof shall be held on the first Monday of August, A. D. 1862.

Second. Said elections, and all other elections held previous thereto, shall in all other respects be held, and the returns thereof made, as provided in the ordinances heretofore adopted by this convention.

Third. The governor, lieutenant-governor, and secretary of state heretofore appointed by this convention, shall discharge the duties and exercise the powers which pertain to their respective offices, and continue in office until the first Monday of August, A. D. 1862, and until their successors are duly elected and qualified, or until the quali­fied voters of the State shall disapprove the action of this convention.

Adopted, October 12, 1861.

 

ABOLISHING CERTAIN OFFICES, REDUCING SALARIES, AND TESTING THE LOYALTY OF CIVIL OFFICERS, AND OFFERING AMNESTY TO CERTAIN PERSONS ON CERTAIN CONDITIONS

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

First. That the board of public works be, and is hereby, abolished, and the offices and pay of the members of said board shall cease and determine from and after the passage of this ordinance.

Second. That the office of State superintendent of common schools be, and is hereby, abolished, and the pay of said officer shall cease and determine from and after the passage of this ordinance, and the

7253-VOL 3-07----23


2178                          Missouri-1861-1863

 

duties pertaining to said office shall be discharged by the secretary of state.

Third. The offices of county-school commissioner be, and is hereby, abolished in all the counties of this State, Saint Louis County ex­cepted, and the pay of said officers shall cease and determine from and after the passage of this ordinance; and the clerks of the respective county courts shall discharge all the duties of common-school com­missioner in their respective counties, except visiting and lecturing in the schools, and that the fees of said clerks respectively, for serv­ices herein contemplated, shall in no case exceed the sum of fifty dol­lars per annum.

Fourth. That the offices of State geologist and assistant State geolo­gist be, and are hereby, abolished, and the pay of said officers shall cease and determine from and after the passage of this ordinance.

Fifth. That the salaries of all civil officers in this State, so far as the same are paid out of the State treasury, or made a burden on the county treasuries by State legislation, be, and are hereby, reduced twenty per cent. during the year ending 30th September, 1862; and said percentage shall be deducted from the amount of said salaries, and withheld from said officers from and after the passage of this ordinance, until the said thirtieth day of September, A. D. 1862.

Sixth. That each civil officer in this State shall, within sixty days after the passage of this ordinance, take and subscribe an oath to sup­port the Constitution of the United States and this State; that he will not take up arms against the Government of the United States nor the provisional government of this State, nor give aid or comfort to the enemies of either during the present civil war; that said oath, duly subscribed and sworn to, shall, within the sixty days aforesaid, be filed by county officers in the clerk's office of their respective coun­ties; and all other officers shall, within the time aforesaid, file said oath, sworn to and subscribed as aforesaid, in the office of the secre­tary of state. And the offices of all persons failing to file said oath, as herein provided, are hereby declared vacant; and the secretary of state and respective county clerks shall, immediately after the expira­tion of the sixty days aforesaid, certify, under the seal of their re­spective offices, any vacancy that may exist under the operations of this ordinance to the proper authorities under existing laws, and such authorities shall fill said offices by appointment for the residue of the term. And any civil officer who shall falsely take said oath, or wil­fully violate the same, shall be deemed and adjudged guilty of per­jury, and punished accordingly.

Seventh. The respective county-court clerks in this State shall take and subscribe the oath provided in this ordinance, and file the same in the office of the secretary of state within the sixty days aforesaid; and if any county-court clerk shall fail to file said oath, duly sub­scribed and sworn to as aforesaid, his office is hereby declared vacant, and such vacancy shall be filled by the authorities under existing laws; and in such case the other county officers of such county shall comply with the requirements of this ordinance within twenty days after said vacancy shall be filled under the provisions of this ordi­nance.

Eighth. Any person whatsoever who may take and subscribe the oath provided by this ordinance, and file the same in the office of the secretary of state, or any county clerk's office in this State, within ten


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days after receiving notice of the passage of this ordinance, being within sixty days of the passage. thereof, shall be exempt from arrest or punishment for offences previously committed by taking up arms against the provisional government of this State, or giving aid or comfort to its enemies in the present civil war, subject to the penalties of perjury as provided in this ordinance; and it shall be the duty of the secretary of state and respective county clerks to make out and deliver to persons filing such oath a certificate of the fact under their respective seals of office, which certificate shall be prima-facie evi­dence in all courts, and to all persons, that the person named therein has complied with and claims the benefit of this ordinance. And the governor of this State is hereby directed to furnish a copy of this ordinance to the President of the United States immediately, and re­quest him, in the name of the people of Missouri, by proclamation, to exempt all persons taking said oath under this ordinance from all penalties they may have incurred by taking up arms against the United States, or giving aid or comfort to its enemies in the present civil war.

Adopted, October 16, 1861.

 

RESPECTING CERTAIN RECORDS AND OTHER PROPERTY

 

Be it ordained by the people of the State of Missouri, in convention assembled:

That it shall be the duty of the board of public works, of the com­missioner of common schools, and of the geologist and assistant geolo­gist of the State, to transfer and deliver the records, papers, and other property of their respective offices to the secretary of state, who shall preserve an inventory thereof in his office and grant proper receipts therefor. The county-school commissioners shall in like manner deliver the records, papers, and other property of their respective offices to the clerks of their respective counties, who shall in like manner issue to them receipts for the same.

Adopted, October 16, 1861.

 

PROVIDING FOR THE ORGANIZATION OF THE STATE MILITIA

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows, to wit:

First. All able-bodied free white male inhabitants of this State, between the ages of eighteen and forty-five years, shall be liable to military duty under this ordinance, and when enrolled shall constitute and be known and designated as the "Missouri State Militia."

Second. When the Missouri State militia shall be called into the actual service of the State, the officers and men shall be subject to the same rules and regulations and articles of war that govern the armies of the United States.

ORGANIZATION

 

Third. The commander-in-chief shall have power to call troops into actual service by volunteer enlistments, according to such regula­tions as he may prescribe.

Fourth. Troops shall be mustered into service by the inspector-­general or his assistants, in such manner as may be prescribed by the


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commander-in-chief, and on entering the service all officers and men shall take the following oath, to be administered by the inspecting officer:

  " You, each and every one of you, do solemnly swear that, you will honestly and faithfully serve the State of Missouri against all her enemies, and that you will do your utmost to sustain the Constitution and laws of the United States, and of this State, against all violence of whatsoever kind or description; and you do further swear that you will well and truly execute and obey the lawful orders of all officers properly placed over you, whilst on duty: So help you God.

Fifth. The State militia of Missouri shell be organized by com­panies into battalions, regiments, and brigades, in the manner pre­scribed in the Rules and Regulations for the Government of the United States Army, and when in actual service of the State shall receive the same pay and emoluments as the United States Army: and any company, battalion, or regiment mustered into the service of the State may, at their option, at any time be mustered into the service of the United States.

Sixth. Companies of infantry shall not contain less than sixty-­four men, (including non-commissioned officers,) nor more than one hundred.

Companies of cavalry shall contain not less than fifty men, (includ­ing non-commissioned officers,) nor more than eighty.

Companies of artillery shall not contain less than fifty nor more than one hundred men.

Seventh. The commissioned officers of a company of infantry cavalry, or artillery shall be one captain, one first and one second lieutenant, who shall be elected by the members of the company after being mustered into service; and any vacancy in such offices shall be filled by election in like manner.

Eighth. Captains of companies shall appoint the non-commis­sioned officers of their own companies.

 

REGIMENTS

 

Ninth. A regiment shall consist of not less than eight nor more than ten companies; the field-officers of which shall consist of one colonel, one lieutenant-colonel, and one major.

 

BRIGADES

 

Tenth. A brigade shall consist of not less than two nor more than five regiments, to be commanded by a brigadier-general.

 

STAFF

 

Eleventh. The governor shall nominate and, by and with the advice of the senate, appoint the following chiefs of staff department: one adjutant-general, one inspector-general, one quartermaster-gen­eral, one commissary-general, one surgeon-general, one paymaster ­generalall with the rank of colonel of cavalryeach of whom shall perform the duties of his office in accordance with the rules and


Missouri-1861-1863      2181

 

regulations of the United States Army, or such other rules and regu­lations as may be prescribed by the commander-in-chief.

Twelfth. The quartermaster-general and the commissary-general shall, on receiving their appointments, execute and deliver to the State their bonds, each in the sum of twenty thousand dollars, with sureties, to be approved by the governor, for the faithful performance of their duties, and the governor shall require of all disbursing offi­cers a bond in such amounts and with such securities as he may deem necessary for the faithful discharge of their duties.

Thirteenth. The commander- in -chief may also appoint and com­mission such number of aides-de-camp as may be necessary for the requirements of the service, with the rank of colonel.

Fourteenth. The commander-in-chief shall also, without the con­currence of the senate, appoint and commission such other staff ­officers as may be necessary for the requirements of the service, and shall designate their rank in their respective commissions; and such officers shall perform such duties as are prescribed by the rules and regulations of the Army of the United States, or such as may be prescribed by the commander-in-chief.

 

OFFICERS

 

Fifteenth. The governor shall nominate and, by and with the advice and consent of the senate, appoint one major-general, and the necessary number of brigadier-generals, colonels, lieutenant-colonels and majors of the line.

Sixteenth. Whenever, during the recess of the senate, it shall be necessary to appoint to any military office of the line above the rank of captain, the governor may appoint to such office, subject to the confirmation of the senate at their next session thereafter.

Seventeenth. The major-general commanding may nominate to the governor for commission one assistant adjutant-general, two aides-de-­camp with the rank of lieutenant-colonel; and the commander-in-­chief may detail for duty on the staff of the major-general command­ing such other staff-officers as the necessities of the service may require.

Eighteenth. Brigadier-generals, when in actual command, may nominate to the governor for commission one acting assistant adjutant-­general, one aide-de-camp with the rank of major; and the com­mander-in-chief may detail such other staff-officers for duty with the brigade as the necessities of the service may require.

Nineteenth. Colonels of regiments, when in actual command, shall nominate to the governor for commission one adjutant with the rank of captain; and the commander-in-chief may detail such other staff-­officers for regimental duty as the service requires. The colonel of each regiment shall select from his command well-instructed and good soldiers to fill the posts of sergeant-major, quartermaster-ser­geant, commissary-sergeant, and color sergeants, who will constitute the non-commissioned staff of the regiment, and be appointed by war­rant given under the hand of the colonel.

Twentieth. Persons holding civil offices under this State, or civil military offices under the United States, may hold offices under this ordinance; and no civil office under this State shall be vacated by the acceptance of a military office under the United States.


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UNIFORM

 

Twenty-first. The commander-in-chief shall prescribe the uniform  to be worn by the Missouri militia.

Twenty-second. All officers, when on duty, shall wear the uniform of their rank.

 

COURT-MARTIAL

 

Twenty-third. Courts-martial shall be constituted, and shall pro­ceed in all cases in the same manner as is provided by law or regula­tion for the Army of the United States.

Twenty-fourth. All contractors for supplies for the State militia shall be subject to trial by court-martial for any fraud practised in respect to such supplies, and shall, on conviction thereof, be punished with death or other punishment, at discretion of the court.

Twenty-fifth. Any officer of the State militia who shall be con­victed by a court-martial of wilfully defrauding the State in any matter of which he has official charge, or of conniving at any fraud practised upon the State by others, shall suffer death, or such other punishment as the court may inflict.

Twenty-sixth. The commander-in-chief shall have power to pre­scribe such rules and regulations for the government of the Missouri State militia as he may deem necessary.

Twenty-seventh. He may vacate the commission of any officer whom he may judge unfit for the service, and he shall have power to appoint military boards to report upon the qualifications of any officer commissioned or to be commissioned.

Twenty-eighth. The articles of war shall be published with this ordinance, with the verbal changes necessary to conform them to forces organized and serving under the authority of the State.

Twenty-ninth. Headquarters of the Missouri State militia shall be in Saint Louis until removed by the commander-in-chief.

Thirtieth. No period of residence is required to admit persons to service in the Missouri State militia.

Thirty-first. All bodies of troops heretofore organized and mus­tered into the service of the State under the provision of an ordinance entitled "An ordinance concerning the repeal and abrogation of cer­tain laws, and for other purposes," heretofore adopted by this conven­tion, shall be continued in the service as [if] organized under this act: Provided, however, That the governor may remove any officer now acting in the militia, in accordance with the provisions of the twenty-­seventh section of this act; and may at any time vacate the commis­sions of such officers as are not authorized by this ordinance: And pro­vided also, That all commissions now issued to third lieutenants of companies under the said recited act are hereby vacated; and it shall be the duty of the commander-in-chief to authorize some member of the staff department, or some other agent whom he may appoint for that purpose, to proceed to such place in the State as may be necessary, and examine into the expenses incurred in the preliminary assembling and organization of companies, the procurement of arms, the furnish­ing of supplies, and other necessary- expenses incurred in and about the organization of troops under the governor's proclamation of the 24th of August last, and said agent or officer shall adjust such claims as may be prescribed to him, allowing such as may be deemed just,


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and rejecting those found to be unjust. He shall report his proceeding to the governor, who, if he approve the same, shall so certify to the proper officer, who shall cause the claims or account so allowed to be paid; but such preliminary examination shall be unnecessary in any case where the governor shall have such personal knowledge in re­gard to any such claims as to justify him in certifying it to the proper officer as hereinbefore provided.

Thirty-second. So much of the act to govern and regulate the vol­unteer militia of the State, approved as aforesaid by this convention, as conflicts with the provisions of this ordinance is hereby repealed; but all legal acts done and proceedings properly had for the organiza­tion and support of the militia under and by virtue of said act shall be valid and binding as if authorized by this ordinance.

Thirty-third. This ordinance may be altered, modified, or repealed by the general assembly of this State, in the same manner and with like effect as the ordinary legislation of the State may be altered, amended, or repealed.

Adopted, October 17, 1861.

 

AMENDING AN ORDINANCE ABOLISHING CERTAIN OFFICES, REDUCING SALARIES, AND TESTING THE LOYALTY OF CIVIL OFFICERS IN THIS STATE

 

Be it ordained by the people of the State of Missouri in convention assembled:

SECTION 1. That the seventh section of an ordinance entitled "An ordinance providing for abolishing certain offices, reducing salaries, and testing the loyalty of civil officers in this State," adopted by this convention at its session in Saint Louis, in October, 1861, be, and the same is hereby, repealed.

SEC. 2. That all appointments to fill vacancies created by the pro­visions of the sixth section of said ordinance are hereby declared valid from the time said appointments were made, anything in said seventh section to the contrary notwithstanding.

Adopted June 7, 1862.

 

REPEALING CERTAIN ORDINANCES SUBMITTING THE ACTION OF THE

CONVENTION TO A VOTE OF THE PEOPLE

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

That all ordinances and parts of ordinances heretofore passed by this convention, submitting its action to a vote of the people of the State, be, and the same are hereby, repealed.

Adopted June 7, 1862.

 

DEFINING THE QUALIFICATIONS OF VOTERS AND CIVIL OFFICERS IN THIS

STATE

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

SECTION 1. No person shall vote at any election to be hereafter held in this State, under or in pursuance of the constitution and laws


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thereof, whether State, County, township, or municipal, who shall not, in addition to possessing the qualifications already prescribed for electors, previously take an oath in form as follows, namely: "I, ____  ____, do solemnly swear [or affirm, as the case may be] that I will support, protect, and defend the Constitution of the United States, and the constitution of the State of Missouri against enemies and opposers, whether domestic or foreign; that I will bear true faith, loyalty, and allegiance to the United States, and will not, directly or indirectly, give aid and comfort, or countenance, to the enemies or opposers thereof, or of the provisional government of the State of Missouri, any ordinance, law, or resolution of any State convention or legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that I do this with a full and honest determination, pledge, and purpose faithfully to keep and perform the same, without any mental reservation or evasion whatever. And I do further solemnly swear [or affirm] that I have not, since the 17th day of December, A. D. 1861, wilfully taken up arms, or levied war against the United States, or against the provi­sional government of the State of Missouri: So help me God."

SEC. 2. Before any person shall be elected or appointed to any civil office within this State, under the constitution and the laws thereof, whether State, county, township, municipal or other civil office, he shall take and subscribe an oath in form as follows: " I, A. B., do, on oath, [or affirmation,] declare that I have not, during the present rebellion, wilfully taken up arms, or levied war against the United States, nor against the provisional government of the State of Mis­souri, nor have wilfully adhered to the enemies of either, whether domestic or foreign, by giving them aid and comfort, but have always in good faith opposed the same. And further, that I will support, protect, and defend the Constitution of the United States and of the State of Missouri against all enemies and opposers, whether domestic or foreign, any ordinance, law, or resolution of any State convention or legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding, and that I do this with an honest purpose, pledge, and determination faithfully to perform the same, without any mental reservation or evasion whatever; which oath shall be filed in the office of the secretary of state by all candidates for the office of the clerk of the county court, [or other officer charged with equivalent duties,] in the counties wherein they respectively reside, at least five days before the day of election; and no vote shall be cast up for, or certificate of election granted to, any candidate who fails to file such oath, as required by this ordinance.

SEC. 3. Any person who shall falsely take, or, having taken, shall thereupon wilfully violate any oath prescribed by this ordinance, shall, upon conviction thereof, by any court of competent jurisdiction, be adjudged guilty of the crime of perjury, and shall be punished therefor in accordance with existing laws. And it shall be the duty of the judges of all courts having criminal jurisdiction under the laws of this State specially to charge the grand juries in the counties in which such courts shall be held respectively, and of all grand juries in the performance of their duties under the laws of this State speci­-


Missouri-1861-1863                                                               2185

 

ally to inquire concerning the commission of any act of perjury mentioned or made punishable by this or any other ordinance adopted by this convention.

SEC. 4. The courts of this State shall require all jurymen and attorneys to take and subscribe the following oath: " I, ____ ____, do solemnly swear [or affirm, as the case may be] that I will support, protect, and defend the Constitution of the United States, and the constitution of the State of Missouri, against all enemies and opposers, whether domestic or foreign; that I will bear true faith, loyalty, and allegiance to the United States, and will not, directly or indirectly, adhere to the enemies or opposers thereof, or of the provisional govern­ment of the State of Missouri, by giving them aid and comfort, any ordinance, law, or resolution of any State convention or legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that I do this with a full and honest determination, pledge, and purpose to keep and perform the same, without any mental reservation or evasion whatever: So help me God." The same oath shall also be taken and subscribed by the president, pro­fessors, and curators of the University of the State of Missouri, by all bank officers, common-school teachers who are paid in whole or in part out of funds provided by law, and common-school trustees, by all officers of all incorporated companies of this State, and by all licensed or ordained preachers of the gospel before performing the ceremony of marriage in this State, and filed in any county clerk's office in this State; and every licensed or ordained preacher of the gospel who shall perform the ceremony of marriage in this State before taking said oath, and every other person aforesaid assuming to assuming to discharge of the duties pertaining to his avocation under the laws of the State, without complying with the provisions of this section, shall be liable to prosecution in any court of competent jurisdiction in this State, by indictment, and upon conviction shall be punished for each offence by a fine not less than ten nor more than two hundred dollars. This section shall take effect ninety days from the passage of this ordinance.

SEC. 5. That judges and clerks of all elections held under the laws of this State, shall, in addition to taking the oath required by exist­ing laws, take the further oath that they will not record, nor permit to be recorded, the name of any voter who has not first taken the oath required to be taken by the first section of this ordinance.

SEC. 6. The general assembly of this State may at any time repeal this ordinance, or any part thereof.

Adopted June 10, 1862.

 

CONTINUING THE PROVISIONAL GOVERNMENT IN OFFICE

 

Be it ordained by the people of the State of Missouri, in convention assembled:

That the governor, lieutenant-governor, and secretary of state heretofore appointed by this convention, shall continue in office until the first Monday in August, A. D. 1864, and until their successors are duly elected and qualified, and shall discharge the duties and exercise the privileges which pertain to their respective offices.

Adopted, June 11, 1862.


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ENABLING CITIZENS OF MISS0URI IN THE MILITARY SERVICE OF THE

UNITED STATES OR THE STATE TO VOTE

 

Be it ordained by the people of the State of Missouri in convention assembled, as follows, to wit:

SECTION 1. That the commanding officer of any company of Missouri volunteers, or militia in the service of the United States or of the State of Missouri, any of the members of which are qualified voters under the laws of this State, shall, on the day of the next general election, and at every subsequent election held under the laws of this State during the present war, cause an election to be held by the members of such company for officers to be elected at such election.

SEC. 2. The commanders of such companies shall cause a sufficient number of poll-books to be made out for each company, properly laid off into blanks; with the necessary heading and certificates at­tached, and cause them to be delivered to the judges of election on or before the day of such election.

SEC. 3. Three good, discreet, and disinterested persons, members of such company, being qualified voters under the laws of this State, shall be appointed judges of such elections by such commanding offi­cers, who shall administer the following oath to such judges before they enter on their duties: " I do solemnly swear [or affirm] that I will impartially discharge the duties of judge of the present election, according to law and the best of my abilities: So help me God."

SEC. 4. Said judges shall appoint two clerks, who, before entering on the duties of their appointment, shall take an oath or affirmation, to be administered by one of the persons so appointed as judges of the election, that they will faithfully record the names of all the voters, and distinctly carry out, in lines and columns, the name of the per­son for whom each voter votes.

SEC. 5. At the close of each election the judges shall certify, under their hands, the number of votes given for each candidate, which shall be attested by their clerks, and transmit the same, together with one of the poll-books, by one of their clerks, or by mail, to the clerk of the county court in which the voters are entitled to vote, without delay.

SEC. 6. Poll-books shall be opened for each county from which there are members in such company entitled to vote, and at such elec­tion only such persons shall be allowed to vote as could vote under existing laws if in their proper precincts, which vote shall be taken and sent to their proper county, as provided in this ordinance.

SEC. 7. When more than one company votes at the same post or station, or belonging to the same battalion, regiment, or division of the Army, the judges of said elections may cause one messenger to carry the poll-books to the different counties.

SEC. 8. Any one of the judges of election under this ordinance is authorized to administer oaths to test the qualifications of voters and to prevent frauds.

SEC. 9. Each clerk of the county court shall, in not less than fifteen nor more than twenty days after the election, take to his assistance two justices of the peace of his county, or two justices of the county court, and examine and cast up the votes given for each candidate, including the votes received by virtue of this ordinance, and give to those having the highest number of votes a certificate of election.


Missouri-1861-1863   2187

 

   SEC. 10. The votes given at such company elections shall be given viva voce, or by tickets handed to the judges, and shall in both cases be cried in an audible voice by one of the judges of the election, or by some person appointed by such judges for that purpose, and noted by the clerks in the presence and hearing of the voters.

   SEC. 11. Judges and clerks of said company elections failing or neglecting to discharge any duty required by this ordinance, or the laws now in force, shall be subject to the penalties prescribed by law, and may be prosecuted in the county to which such returns are required to be made.

    SEC. 12. Every person not being a qualified voter according to the constitution and laws of the State, who shall vote at any election under this ordinance, or any person who shall, at the same election, vote more than once, either at the same or different places of voting, shall, upon conviction, be adjudged guilty of a misdemeanor, and be punished by fine not exceeding fifty dollars, nor less than twenty dollars, or by imprisonment in the county jail not exceeding three months, and shall be liable to indictment and conviction in any county to which such poll-books, or any of them, shall be returned.

SEC. 13. All persons voting under this ordinance shall be required to take the oath prescribed by the ordinance of this convention, test­ing the loyalty of the voter.

SEC. 14. The election returns of votes cast at the different precincts in the counties shall be made to county clerks, in all respects accord­ing to the statute laws now in force, except as provided in this ordi­nance; and all acts required to be done under existing laws within a given time after examining and casting up the books, shall be done within the time required by existing laws, after the time fixed for examining and casting up the poll-books under the ninth section of this ordinance.

SEC. 15. Any officer, or other person, in the service or employment of the United States or the State of Missouri, being a qualified voter under the constitution and laws of this State, may vote at any election held under the provisions of this ordinance, subject to the restric­tions and limitations provided by this ordinance.

SEC. 16. This ordinance shall 6e in force from and after its passage and is subject to repeal at any time by the general assembly of this State.

Adopted, June 12, 1862.

 

RELATING TO VOTING IN CERTAIN COUNTIES

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows, to wit:

SECTION 1. In any county where there is a county court, or where such court fails to appoint judges of election, and in counties where there is no county clerk, or such clerk fails to cause poll-books to be delivered to the judges of election before the day of the election, any person may prepare the poll-books for any or all of the townships in such county, and a majority of the qualified voters present at the time and place of opening the polls, which shall be at the same place, as near as may be, as the elections were authorized to be for members of this convention, shall choose judges of the election; and in case no officer is present authorized to administer the oath of office to such


2188                      Missouri1861-1863

 

judges, one of the persons so chosen may administer the oath re­quired by law to such judges, one of whom, after being so sworn, shall administer the oath to the judge by whom he was so sworn.

SEC. 2.  Such judges of election shall appoint two clerks, and shall have all the powers and perform all the duties of judges of election under existing laws, and shall return the poll-books to the county seat in the time and manner required by the next section.

SEC. 3. On the first Saturday after the election, one of the judges of election from each township in such county shall repair to the county seat, and organize a board composed of such judges, and said board, when so organized, shall proceed to cast up the votes given in such election, certify the same, and grant certificates of election, and in all respects shall have the same powers and perform the same duties that the county clerk and two justices of the county court or justices of the peace are required to perform, or that the county clerk is required to perform, under existing laws governing elections.

SEC. 4. Such election shall be as valid to all intents and purposes as though it had been done by the ordinary officers under existing laws.

SEC. 5. Such judges of election shall retain the poll-books of such election until there is a county clerk qualified to act in such county. Such poll-books shall be filed in the county clerk's office, and the clerk's receipt taken for the same.

SEC. 6. The secretary of state shall cause the ordinances passed at this session of the convention, in relation to voters and elections, to be published in pamphlet form and distributed without delay to the county clerks of the different counties, and in counties where there is no clerk, to members of this convention, or other citizens, in such numbers as he may deem sufficient.

­    SEC. 7. If in any county no election shall be held for sheriff, coroner, county-court justices, and other township and county officers, the vacancies so caused, with the exception of members of the general assembly, shall be filled by the proper authorities, under existing laws; but in all cases of failure by the proper authorities to appoint persons to fill such vacancies within twenty days after the vacancy occurs, then the governor shall appoint officers to fill such vacancies as have not been filled by the proper authorities; and all officers appointed to fill vacancies as aforesaid shall hold their said offices for the same time as if they had been elected under existing laws.

SEC. 8. In counties where there are no county clerks, any candidate may file the oath required by ordinance with the board of judges herein provided for, and said board shall cast up and certify the vote or each candidate that complies with this section the same as if said oath had been filed in the time and manner required by the ordinance heretofore passed; and said affidavits shall be filed, together with the poll-books, in the county clerk's office.

SEC. 9. Judges and clerks of election under this ordinance shall perform all the duties and be subject to all the penalties prescribed by existing laws.

SEC. 10. This ordinance shall be in force from and after its passage, and may be repealed at any time by the general assembly of this State.

Adopted, June 13, 1862.


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AMENDING THE THIRD ARTICLE OF THE STATE CONSTITUTION

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

The eighth section of the third article of the constitution is hereby abolished, and the following adopted in lien thereof:

After the first day of July, one thousand eight hundred and sixty­-two, all general elections shall commence [take place] on the Tuesday next after the first Monday in November, and shall be held biennially; and the electors in all cases, except of [for] treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

Adopted, June 13, 1862.

 

REQUIRING STATE SENATORS TO BE DIVIDED INTO CLASSES

 

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

That at the next session of the general assembly, the State senators shall be divided by lot into classes, as provided in the seventh section of the third article of the constitution, and every election to fill a vacancy in the senate shall be for the residue of the term only.

Adopted, June 13, 1862.

 

CHANGING THE TIME OF  HOLDING ELECTIONS FOR JUDGES

 

Be it ordained by the people of Missouri, in convention assembled, as follows:

SECTION 1. That so much of the sixth and seventh articles of the amendments to the constitution of this State, ratified at the session of the legislature of 1850 and 1851, as provides that the elections of supreme and circuit court judges shall be held on the first Monday in August, A. D. eighteen hundred and fifty-one, and on the first Mon­day in August every six years thereafter, is hereby abolished.

SEC. 2. The first general election for supreme and circuit court judges hereafter to be held under said amendments to the Constitution shall be on the Tuesday next after the first Monday in November, A. D. eighteen hundred and sixty-three, and on the first Tuesday next after the first Monday in November every six years thereafter, any law, constitution, or ordinance of this convention to the contrary notwithstanding.

    SEC. 3. Whatever election of judges or clerks of courts and other office ow be fixed by law, or by order of any court, for the of August, eighteen hundred and sixty-three, shall be held on the Tuesday next after the first Monday of November, eight­een hundred and sixty-three.

Adopted, June 26, 1863.

 

PROVIDING FOR SUPPLYING THE VACANCY EXISTING IN THE OFFICE OF

JUDGE

Be it ordained by the people of the State of Missouri, in convention assembled, as follows:

The governor shall appoint a judge for the fourteenth judicial circuit, to supply the vacancy now existing, which judge shall hold


2190                         Missouri-1861-1863

 

his office until Tuesday after the first Monday of November, A. D. eighteen hundred and sixty-three, and until his successor is duly elected and qualified.

Adopted, June 27, 1863.

 

PROVIDING FOR THE EMANCIPATION OF SLAVES

 

Be it ordained by the people of the State of Missouri, in convention, assembled:

SECTION 1. The first and second clauses of the twenty-sixth section of the third article of the constitution are hereby abrogated.

SEC. 2. That slavery and involuntary servitude, except for the punishment of crime, shall cease to exist in Missouri on the fourth day of July, eighteen hundred and seventy; and all slaves within the State at that day are hereby declared to be free: Provided, however, That all persons emancipated by this ordinance shall remain under the control and be subject to the authority of their late owners, representatives, and assigns, as servants, during the following  to wit: those over forty years of age, for and during their lives; those under twelve years of age, until they arrive at the age of twenty-three years; and those of all other ages, until the fourth day of July, eighteen hundred and seventy-six. The persons, or their legal repre­sentatives, who, up to the moment of emancipation, were the owners of the slaves thereby freed, shall, during the period for which the services of such freedmen are reserved to them, have the same au­thority and control over the said freedmen, for the purpose of securing the possession and services of the same, that are now held absolutely by the master in respect of his slaves: Provided, however, That after the said fourth day of July, eighteen hundred and seventy, no person so held to service shall be sold to a non-resident of or removed from the State of Missouri, by the authority of his late owner or his legal representatives.

SEC. 3. That all slaves hereafter brought into this State, and not now belonging to citizens of this State, shall thereupon be free.

SEC. 4. All slaves removed by consent of their owners to any seceded State after the passage by such State of an act or ordinance of seces­sion, and hereafter brought into this State by their owners, shall thereupon be free.

SEC. 5. The general assembly shall have no power to pass laws to emancipate slaves without the consent of their owners.

SEC. 6. After the passage of this ordinance, no slaves in this State shall be subject to State, county, or municipal taxes.

Adopted, July 1, 1863.