Dubuque, Delaware, Buchanan, Fayette and
Blackhawk,.

2.

The said Delegates shall be citizens of the United States and shall have resided six months within this Territory, before the election aforesaid.

SEC. 3. That the judges of election, in the several townships and precincts shall certify the votes for Delegates, in the same manner, as is provided by law for the election of members of Council and House of Representatives, and shall send returns of said election, so certified to the clerk of the board of county commissioners, who shall open said returns, and certify the election of Delegates, in the same manner as is provided by law, for the election of members of the Legislative Assembly; and in case of a tie vote between any of the candidates for Delegates, it shall be the duty of the clerk of the board of county commissioners, to order a new election for the purpose of effecting an election in said tied vote, which election shall be held within twenty days after said first election. That the said Delegates elect, shall meet at Iowa City, on the first Monday of May, A. D. 1846, and proceed to form a Constitution, and State Government for the future State of Iowa.

SEC. 4.

SEC. 5. That when a Constitution, and form of State Government shall have been adopted by said Convention, they shall cause the same to be published, and at the next general election succeeding the formation of a Constitution and State Government by said Convention, the qualified electors who may have resided thirty days in this Territory next pre

ceding said election, and who are entitled in all other respects to vote for members of the Legislative Assembly of said Territory, shall be, and they are hereby authorized, to vote for or against a Convention.1 The vote for and against a Constitution shall be counted, and returned to the clerk of the board. of county commissioners, who shall, in the same manner, transmit the returns of said votes for and against the Constitution, to the Secretary of the Territory; who shall open and count the same, as soon as they are all received from the several counties in this Territory, in the presence of the Governor; who shall issue his proclamation declaring the result.

SEC. 6. That all electors, qualified as aforesaid, may vote for or against said Constitution in any county in said Territory, whether a resident of such county or not. But in the election of Delegates to the Convention the said electors shall not vote out of the counties wherein they have their residence.

SEC. 7. That the several elections, provided for in this act, shall in all respects, be conducted in accordance with the provisions of an act regulating general elections in this Territory, so far as the same is applicable, and except as is herein specially provided for.

SEC. 8. That said Constitution and form of State Government, shall, if ratified at the election specified in the fifth section of this act, be presented to the Congress of the United States, at the next ensuing session thereof, for admittance into the Union upon an equal footing with the original States; and with such other provisions and conditions as may be provided for by the Convention, framing said Constitution, and form of State Government; but shall not be presented for admittance until the same shall be accepted and ratified, by the qualified electors of this Territory.

SEC. 9. That it shall be the duty of the Secretary of the Territory, to provide a suitable room for the meeting of the Convention; also to provide the same with furniture, stationary, and all other things necessary for the comfort and convenience of the Convention.

SEC. 10. That the members of said Convention shall be entitled to three dollars for every twenty miles travel to and from the place of holding said Convention, and three dollars per diem for their services, to be paid in the way and manner as may hereafter be provided for by the Legislative Assembly of the Territory or State of Iowa.

SEC. II. This act shall take effect, and be in force from and after its passage.

Approved, January 17th, 1846.

-Reprinted from Laws of the Territory of Iowa, 1846, Ch. 37, p. 37.

THE CONSTITUTION OF 1846.

CONSTITUTION.

ARTICLE 1.

PREAMBLE AND BOUNDARIES.

We, the People of the Territory of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river, thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri, as established by the constitution of that State, adopted June 12th, 1820, crosses the said middle of the main

CFT.

UNIVE

The Constitution of 1846.

191

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, intersect 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 Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersect 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.

ARTICLE 2.

BILL OF RIGHTS.

I. All men are by nature free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

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.

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 for the maintenance of any minister or ministry.

4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from

the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.

5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this State. 6. All laws of a general nature shall have a uniform operation.

7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated, and no warrant shall issue, but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized.

9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts.

IO. In all criminal prosecutions, the accused shall have a right to a speedy trial by an impartial jury, to be informed of the accusation against him, to be confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel.

II. No person shall be held to answer for a criminal offense, unless on presentment, or indictment by a grand jury, except in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger.