Wichita eagle., 1889-02-13
STATE CONSTITUTIONS.

blanket, SO TO speak, over the PROPOSE
ton to call convention to revise oul
state constitution or draft and submit q
new one for adoption by the people, by
defeating measure introduced for that
purpose. interest in the matter has not
subsidized nor will it until the demands OF
the people in that respect are complied
with. Apropos of the subject, the fol
lowing analytical statement of leading
features Of state constitutions generally,
taken from Brice's American Common
wealth will be of interest to all:
All state constitutions provide for full
freedom of religious opinion and wor-
ship, and for the equality before the law
OF all religious denominations and their
members; and many forbid the estab-
llshment of any particular church or
sect, and declare that no public money
ought to be applied in aid of any re-
ligious body or sectarian institutions.
But Delaware holdsi it to be 1.-THE duty of
all men frequently to assemble for pub
lie worship;" Vermont adds that ''every
sect or denomination of Christians
ought to observe the Sabbath or Lords
| day" And thirteen states declare that
the provisions for freedom Of conscience
are not to be taken to excuse acts of
RIGHTEOUSNESS or justify practices incon-
sistent with the peace and safety of the
state.
in Arkansas, Maryland, Mississippi,
North Carolina, South Carolina and Texas
a man is declared Ineligible for Office if
he denies the existence Of God: in
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gible if he does not believe in God and in
the existence of future rewards and pun
ishments. In Arkansas and Maryland
such person is also incompetent as a
witness or juror.
Louisiana constitution of 1879 declares
that ''all government of right originates
with the people, is founded on their will
alone, and is instituted solely for the
good of the whole, deriving its just
powers from the consent of the governed
Its only legitimate end is to protect the
| citizen in the enjoyment of life, liberty
and property. When it assumes other
functions it is usurpstion and oppres-
| sion"
Twenty-six state declare that ''all men
! have a natural, inherent and inalienable
right to enjoy and defend life and iber-
ty," and all of these, except the melan-
choly Missouri, add the natural right
to secure happiness"
Eighteen declare that all men have "a
natural right to acquire, possess and pro-
tect property"
Mississippi Constitution of 1869 pro-
vides that 1.-The right of all citizens to
travel upon public conveyances shall
not be infringed upon, nor in any man
ner abridged" A similar provision oc-
ours in the constitution of Louisiana of
1868. These provisions were inserted
shortly after the civil war IN order to
protect the negroes.)
Kentucky constitution of 1850, which
is still in force lays down that absolute
arbitrary power over the lives, liberty
and property of freemen exists nowhere
in a republic, not even in the largest
majority. The right of property is be-
fore and higher than any constitutional
sanction; and the right of the owner of
slave to such a slave and its increase is
the same and as inviolable as the right
Of the owner of any property what
ever" This proposition has of
course been annulled in effect by the lat
est amendments Thirteenth, Fourteenth
and Efficiently to the federal constitu-
ton ''All power is inherent in the
people, and all free government is
founded on their authority and instituted
for their peace, safety, happiness and
security and the protection of property"
All. in one form or another, secure the
freedom of writing and speaking
opinions, and some add that the truth of
a libel may be given in evidence.
Nearly al secure the freedom of public
meeting and petition. Considering that
these are the last rights likely to be IN
fringed by state government, it is odd
to find Florida in her constitution of 1886
providing that ''the people shall have the
right to assemble together to consult for
the common good, to instruct their re-
representatives., and to petition their legis-
lature for redress of grievances"
Many provide that no eX post facto
law, nor law impairing the obligation of
contract, shall be passed by the state
legislature, and that private property
shall not be taken by the state without
Just compensation.
Many forbid the creation of any title of
nobility.
Many declare that the right of citizens
to bear arms shall never be denied, pro-
vision which might be expected to prove
announcement where it was desired to
check the habit of carrying revolvers.
Tennessee, therefore, Constitution of
1870 prudentiy adds that 1.-The legislature
shall have power to regulate the wearing
of arms, with view to prevent crime"
SO, also, Texas, where such a provision
is certainly not superfluous, And five
others allow the legislature to forbid the
carrying Of concealed weapons. North
Carolina, Kentucky. Missouri, Louisiana
and Colorado, all states in which daily
experience shows that the action OF
the legislature has not proved successful.
Some declare that the estates of sui
cides shall descend in the ordinary course
of law.
Most provide that the conviction for
treason shall not work corruption of
blood nor forfeiture of estate.
Seven forbid white and colored child
rem to be taught in the same public
schools.
Many declare that the right of trial py
jury to be inviolate. even while permit
ting the parties TO waive it.
Some forbid Imprisonment for debt,
except in case of fraud. and secure the
acceptance of reasonable bail, except for
the gravest charges.
Several declare that ''perpetuities and
monopolies are contrary to the genius of
free state and not to be allowed"
Some declare that the aliens or foreign |
ers shall have the same right of holding
property as citizens,
Many forbid the granting Of any |
hereditary honors, privileges or emoIu-
ments.
North Carolina declares that las polis- |
ical rights and privileges are not depend