The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-06-13

VOLUME l.-NUMbEk
CONSTITUTION OF THE
STATE OF IOWA.
To be submitted to the people Of io.cd on
ass first Monday in August, loo''
WE. THE PEoPLE OF THE STATE OF IOWA,
grateful to the Supreme Being Tor the
Blessings hitherto enjoyed, and feeling our
dependence on Him for a continuation OF
those blessings, do ordain and establish
free and independent government, Dy
the name Of the STATE or Iowa, the
boundaries whereof shall be as follows
Beginning in the middle Of the main chan.
mel Of the Mississippi river, at point dut
east Of the middle Of the mouth Of the man
channel of the Des Moines river; thence ulI
the middle of the main channel OF the said
Dea Moincs river, to q point on said rlvei
where the northern boundary line OF the
state AZ M;ssouri-as established by the
Cnn.tit.t,op of that State, adopted june
Io.h Ia90erosses the said middle Of the
.;r .L.rnd Of the said Des Moines river;
.ssn.e vestwardly along the said northern
Sn.ndarv line Of the State of Missouri, rs
.stahlisied at the time aforesaid, until an
extension Of said line intersect the middle
of the main channel of the Missouri river;
thence ., the middle of the main channel Of
the said Missouri river to 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 interseeted 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 par
allel intcrsects the middle Of the main cham
mel Of Mississippi river; thence down the
middle of the main channel of said Missis-
sippi river to the place OF beginning.
ARTICLE I.-BILL OF RIGHTS.
SECTION |. All men are, by nature, free
and equal, and have certain unalienable
riphts-among which are those of enjoying
and defending life and liberty, acquiring,
possessing, and protecting property, and
pursuing and obtaining safety and happi-
ness.
SEC. 2. All political power is inherent in
the people. Government is instituted for
the protection, security and benefit of the
people, and they have the right, at all times,
to alter or reform the same, whenever the
public good may require it.
Sec. 8. The General Assembly shall make
no law respecting an establishment Of rell-
gion, or prohibiting the free exercise there
of; nor shall any person be compelled to
attend any place Of worship, pay tithes,
taxes, or other rates, for building or repair
ing places Of worship, or the maintenance Of
any minister or ministry.
SEC. 4. No religious test shall be required
as a qualification for any Office or public
trust, no person shall be deprived Of any Of
his rights, privileges, capacities, or dis.
qualified from the performance of any Of
his public or private duties, or rem
dered 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 witness; or take the
testimony Of, any other person not disquali-
infant of any fact material to the case; and
parties to suits may be witnesses, as provi-
ded by law.
SEC. S. Any citizen of this State who
may hereafter be engaged, either directly OF
indirectly in duel, either as principal OF
accessory before the fact, shall forever be
j disqualified from holding any Office under
the Constitution and laws Of this State.
SEC. 6. All laws of a general nature shall
have q uniform operation; the General
Assembly shall not grant to any citizen or
class Of citizens; privileges or immuni es
which upon the same terms shall not equlliy
belong to all citizens.
SEC. I. 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 indictment for libel, the
itruth may be given in evidence to the jury,
and if it appear to the jury that the matter
charged as libcllous was true, and was pub
uished with good motives and justifable
ends, the party shall be acquitted.
SEC. 8. The right of the people to be
ssecnre in their persons, houses, papers and
sefects, against unreasonable seizures and
searches shall not be violated; and no war
rant 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:
SEC g. The right of trial by jury shall
remain inriolate; but the General Assembly
may authsrixe trial by ajury of a less NUM-
ber than twelve men in inferior courts; but
mo perssn shall be deprived Of life, liberty
. Or property, without due process of law.
SEC. 10. In all criminal prosecutions, and
an eases Involving the life or liberty Of an
sindividnal, the accused shall have Il right to
.a'sPeedy and public trial by an impartial
lxry; to be informed of the accusation against
him, and to have copy of the same when
-denanded; to be confronted with the wit
'neeses against him; to have compulsory
process for his ewa witnesses; and to have
the assistance Of counsel.
SEC. IL. All OGeases less than felony and
in which the punishment does not exceed
6ne Of one hundred dollars, or Imprisonment
for thirty days, shall be tried summarilv be-
fore Justice of the Peace, or other officer
authorized by laE, On information under
oath, without Indictment, or the Intervention
ct grand jury, saving to the defendant the
right OF appeal; and ne person shall be held
to answer fer any higher criminal offense,
onless on presertment 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 dam
ger.
SIC. IL No person shall, after acquittal,
be tried fer the same .effense. All persons
shall before conviction, be bsilable by sufi-
cient sureties, except fer capital offenses
where the proof is evident or the presump-
tion great.
SEC. la The writ Of habeas corpus shall
not be suspended, or refused when applica-
tion is made as required by Law unless in case
of rebellion or invasion, the public safety
may require it.
SEC. IA. The military shall be subordin-
ate to the evil power. No standing army
shall be kept up by the State in time Of
peace; and in time Of war, no appropriation
for standing army shall be for a longer
time than two years.
SEC. 10. No soldier shall, in time of
peace, be quartered in any house without
the consent of the owner, nor in time of var
except IN the manner prescribed BY law.
SEC. l6. Treason against the State shall
consist only in levying war against it, adhe
ring to its enemies, or giving then aid and
comfort. No person shall Be convicted of
treason unless on the evidence Of two Wit
n0SR0s n thu soma ovort Of