USA > Iowa > The Iowa official register, 1904 > Part 10
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SEC. 2. And be it further enacted, That the said state shall be one district and be called the district of Iowa, and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, two sessions of the said district court annually, on the first Monday in January, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled, "An act to establish the judicial courts of the United States. " He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same; and shall receive, for the services per- formed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services.
SEC. 3. And be it further enacted, That there shall be allowed to the judge of the said district court the annual compensation of $1, 500, to commence from
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the date of his appointment, to be paid quarterly at the treasury of the United States.
SEC. 4. And be it further enacted, That there shall be appointed in the said district a person learned in the law to act as attorney for the United States; who shall, in addition to his stated fees, be paid annually by the United States $200, as a full compensation for all extra services ; the said payments to be made quarterly, at the treasury of the United States.
SEO. 5 And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regula- tions and penalties, and be entitled to the same fees, as are prescribed and allowed to marshals in other districts; and shall, moreover, be entitled to the sum of $200 annually as a compensation for all extra services.
SEC. 6. And be it further enacted, That, in lieu of the propositions sub- mitted to the Congress of the United States by an ordinance passed on the first day of November, eighteen hundred and forty-four, by the convention of dele- gates at Iowa City, assembled for the purpose of making a constitution for the State of Iowa, which are hereby rejected, the following propositions be, and the same are hereby, offered to the legislature of the State of Iowa, for their acceptance or rejection; which, if accepted, under the authority conferred on the said legislature, by the convention which framed the constitution of the said state, shall be obligatory upon the United States.
1. That section numbered sixteen in every township of the public lands, and where 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 schools.
2. That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of congress approved on the twentieth Jay of July, eighteen hundred and forty, entitled "An act granting two town- chips of land for the use of a university in the territory of Iowa, " are hereby granted and conveyed to the state, to be appropriated solely to the use and sup- port of such university, in such manner as the legislature may prescribe.
3. That five entire sections of land, to be selected and located under the direction of the legislature, in legal divisions of not less than one quarter sec- tion, from any of the unappropriated lands belonging to the United States within the said state, are hereby granted to the state for the purpose of completing the public buildings of the said state, or for the erection of public buildings at the seat of government of the said state, as the legislature may determine and . direct.
4. That all salt springs within the state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said state for its use; the same to be selected by the legislature thereof within one year after the admission of said state, and the same, when so selected to be used on such terms, conditions and regulations as the legislature of the state shall direct ; provided, that no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said state, and provided, also, that the General Assembly shall never lease or sell the same, at any one time, for a longer period than ten years, without the consent of Congress.
5. That five per cent. of the net proceeds of sales of all public lands lying within the said state, which have been or shall be sold by Congress, from and after the admission of said state, after deducting all the expenses incident to the same,
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shall be appropriated for making public roads and canals within the said state, as the legislature may direct; provided, that the five foregoing propositions herein offered are on the condition that the legislature of the said state, by virtue of the powers conferred upon it by the convention which framed the con- stitution of the said state, shall provide by an ordinance, irrevocable without the consent of the United States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed upon lands the property of the United States; and that in no case shall non-resident pro- prietors be taxed higher than residents; 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 from any tax laid by order or under the authority of the state. whether for state, county, township, or any other purpose, for the term of three years from and after the date of the patents, respectively.
BOUNDARIES OF IOWA.
AN ACT TO DEFINE THE BOUNDARIES OF THE STATE OF IOWA, AND TO REPEAL SO MUCH OF THE ACT OF THE THIRD OF MARCH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE AS RELATES TO THE BOUNDARIES OF IOWA.
[Approved August 4, 1846. ]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following shall be, and they are hereby, declared to be the boundaries of the State of Iowa in lieu of those prescribed by the second section of the act of the third of March, eighteen hun- dred and forty-five, entitled an "Act for the Admission of the States of Iowa and Florida into the Union, " viz: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river, thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri, as established by the constitution of that state, adopted June twelfth, eighteen hundred and twenty, crosses the said middle of the main channel of the said Des Moines river; thence, west- wardly, along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river; thence, up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollet's map; thence, up the main channel of the said Big Sioux river, according to said map until it is intersected by the parallel of forty-three degrees and thirty minutes north lati- tude; thence east along said parallel of forty-three degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi river, thence, down the middle of the main channel of said Mississippi river, to the place of beginning.
SEC. 2. And be it further enacted, That the question which has heretofore been the subject-matter of controversy and dispute between the state of Mis-
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souri and the territory of Iowa, respecting the precise location of the northern boundary line of the state of Missouri, shall be, and the same is hereby, referred to the supreme court of the United States for adjudication and settle- ment, in accordance with the act of the legislature of Missouri, approved March twenty five, eighteen hundred and forty-five, and the memorial of the council and House of Representatives of the territory of Iowa, approved January seventeenth, eighteen hundred and forty. six, by which both parties have agreed to "the commencement and speedy determination of such suit as may be necessary to procure a final decision by the supreme court of the United States upon the true location of the northern boundary of that state;" and the said supreme court is hereby invested with all the power and authority neces- sary to the performance of the duty imposed by this section.
SEC. 3. And be it further enacted. That, until the next census and appor- tionment shall be made, the state of Iowa shall be entitled to two represent- atives in the House of Representatives of the United States.
SEO. 4. And be it further enacted, That so much of the act of the third of March, eighteen hundred and forty-five, entitled "An act for the admission of the states of Iowa and Florida into the union, " relating to the said state of Iowa, as is inconsistent with the provisions of this act, be, and the same is hereby, repealed.
ADMISSION OF IOWA.
AN ACT FOR THE ADMISSION OF THE STATE OF IOWA INTO THE UNION.
[Approved December 28, 1846. ]
WHEREAS, The people of the territory of Iowa did, on the eighteenth day of May, Anno Domini eighteen hundred and forty-six, by a convention of dele- gates called and assembled for that purpose, form for themselves a con- stitution and state government-which constitution is republican in its character and features-and said convention has asked admission of the said territory into the Union as a state, on an equal footing with the original states, in obedience to "An act for the admission of the states of Iowa and Florida into the Union. " approved March third, eighteen hundred and forty- five, and "An act to define the boundaries of the State of Iowa, and to repeal so much of the act of the third of March, one thousand eight hundred and forty-five as relates to the boundaries of Iowa, " which said last act was approved August fourth, Anno Domini eighteen hundred and forty-six: Therefore-
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Iowa shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects what- soever.
SEC. 2. And be it further enacted, That all the provisions of "An act supplemental to the act for the admission of the states of Iowa and Florida into the Union, " approved March third, eighteen hundred and forty-five, be, and the same are hereby declared to continue and remain in full force as applicable to the State of Iowa, as hereby admitted and received into the Union.
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ACCEPTING PROPOSITIONS OF CONGRESS.
AN ACT AND ORDINANCE ACCEPTING THE PROPOSITION MADE BY CONGRESS ON THE ADMISSION OF IOWA INTO THE UNION AS A STATE.
[Approved January 15, 1849. ]
SECTION 1. Be it enacted and ordained by the General Assembly of the State of Iowa, That the propositions to the state of Iowa on her admission into the union, made by the act of Congress, entitled "An act supplemental to the act for the admission of the states of Iowa and Florida into the Union, "approved March third, eighteen hundred and forty-five, and which are contained in the sixth section of that act, are hereby accepted in lieu of the propositions submitted to Congress by an ordinance, passed on the first day of November, eighteen hun- dred and forty-four, by the convention of delegates which assembled at Iowa City on the first Monday of October, eighteen hundred and forty-four, for the purpose of forming a constitution for said state, and which were rejected by Congress ; provided, the general assembly shall have the right, in accordance with the provisions of the second section of the tenth article of the constitution of Iowa, to appropriate the five per cent. of the net proceeds of sales of all public lands lying within the state which have been or shall be sold by Congress from and after the admission of said state, after deducting all expenses, incident to the same, to thesupport of common schools.
SEC. 2. And be it further enacted aud ordained, As conditions of the grants specified in the propositions first mentioned in the foregoing section, irrevocable and unalterable without the consent of the United States, that the state of Iowa will never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof, and that no tax shall be imposed on lands, the property of the United States ; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war with Great Britain shall while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the state, whether for state, county, township, or other purposes, for the term of three years from and after the dates of the patents respectively.
SEC. 3. It is hereby made the duty of the secretary of state, after the tak- ing effect of this act, to forward one copy of the same to each of our senators and representatives in Congress, who are hereby required to procure the con- sent of Congress to the diversion of the five per cent fund indicated in the pro- viso to the first section of this act.
SEC. 4. This act shall take effect from and after its publication in the weekly newspapers printed in Iowa City.
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CONSTITUTION OF IOWA.
PREAMBLE.
WE, THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and inde- pendent government, by the name of the STATE OF IOWA, the boundaries whereof shall be as follows:
Boundaries. Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river ; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the state of Missouri-as established by the constitution of that state, adopted June 12, 1820- crosses the said middle of the main channel of the said Des Moines river ; thence westwardly along the said northern boundary line of the state of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river, thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicolett's map; thence up the main channel of the said Big Sioux river, according to the said map until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi river ; thence down the middle of the main channel of the said Missis- sippi river to the place of beginning.
ARTICLE 1-BILL OF RIGHTS.
Rights of persons. SECTION 1. All men are by nature, free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring. possessing, and protecting property, and pursuing and obtaining safety and happiness.
Political power. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.
Religion. SEC.3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or the maintenance of any minister or ministry.
Religious test. SEC. 4. No religious test shall be required as a qualifi- cation for any office of public trust, and no person shall be deprived of any of
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his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion ; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person, not disqualified on account of interest, who may be cognizant of any fact material to the case, and parties to suits may be witnesses, as provided by law.
Dueling. SEC. 5. Any citizen of this state who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the con- stitution and laws of this state.
Laws uniform. SEC. 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Liberty of speech and the press. SEC 7. Every 'person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for Ilbel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.
Personal security. SEC 8. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, sup- ported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Trial by jury; due process of law. SEC. 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.
Rights of persons accused. SEC. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury ; to be informed of the accusation against him ; to have a copy of the same when demanded; to be con- fronted with the witnesses against him ; to have compulsory process for his wit- nesses ; and to have the assistance of counsel.
When indictment necessary. SEC. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without ndictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army or navy, or in the militia, when in actual service, in time of war or public danger.
Twice tried; bail. SEC. 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient 4IOR
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sureties, except for capital offenses, where the proof is evident, or the pre- sumption great.
Habeas corpus. SEC. 13. The writ of habeas corpus shall not be sus- pended or refused when application is made as required by law, unless, in case of rebellion or invasion, the public safety may require it.
Military. SEC. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the state in time of peace; and in time war no appropriation for a standing army shall be for a longer time than two years.
Quartering soldiers. SEC. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.
Treason. SEC. 16. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. - No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court.
Bail; punishments. SEC. 17. Excessive bail shall not be required; excess- ive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted.
Eminent domain. SEC. 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.
Imprisonment for debt. SEC. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a military fine in time of peace.
Petition. SEC. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their repre- sentatives, and to petition for a redress of grievances.
Attainder; ex post facto law; obligation of contract. SEC. 21. No bill of attainder, ex post facto law or law impairing the obligation of contracts, shall ever be passed.
Resident aliens. SEC. 22. Foreigners who are, or may hereafter become residents of this state, shall enjoy the same rights in respect to the possession enjoyment, and descent of property, as native born citizens.
Slavery. SEC. 23. There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.
Reservation of rents. SEC. 24. No lease or grant of agricultural lands, reserving any rent or service of any kind, shall be valid for a longer period than twenty years.
Rights retained. SEC. 25. This enumeration of rights shall not be con- strued to impair or deny others, retained by the people.
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Intoxicating liquors. [SEC. 26. No person shall manufacture for sale, or sell, or keep for sale, as a beverageany intoxicating liquors whatever, includ-
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ing ale, wine and beer. The General Assembly shall by law prescribe regula- tions for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the provisions hereof. ]
[The foregoing amendment was adopted at a special election held on June 27, 1882. The supreme court, April 21, 1883, in the case of Koehler & Lange v. Hill, and reported in 60th Iowa, page 543, held that owing to certain irregulari- ties, the same was not legally submitted to the electors, and did not become a part of the constitution. ]
ARTICLE II. - RIGHT OF SUFFRAGE.
Electors. SECTION 1. Every male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this state six months next preceding the election, and of the county in which he claims his vote, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.
Privileged from arrest. SEC. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such elections, going to and returning therefrom.
From military duty. SEC. 3. No elector shall be obliged to perform military duty on the day of election, except in time of war or public danger.
Persons in military service. SEC. 4. No person in the military, naval, or marine service of the Un ted States shall be considered a resident of this state by being stationed in any garrison, barrack, or military or naval place or station within this state.
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