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of its proceedings, and publish the same; determine its rules of pro. ceedings, punish members for disorderly behaviour, and with the con. sent of two-thirds, expel a member, but not a second time for the same offence; and shall have all other powers necessary for a branch of the General Assembly of a free and independent state.
11. Every member of the General Assembly shall have the liberty to dissent from, or protest against, any act or resolution wbich he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the mem. bers of either house, on any question, shall at the desire of any two members present, be entered on the journals.
12. Senators and Representatives, in all cases, except treason, felony or breuch of the peace, shall be privileged from arrest during the ses. sion of the General Assembly, and in going to and returning from the same.
13. When vacancies occur in either house, the Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.
14. The doors of each house shall be open, except on such occasion as, in the opinion of the house, may require secrecy.
15. Neither house sball, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting
16. Bills may originate in either house, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, altered, or rejected by the other ; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses.
17. Every bill which shall have passed the General Assembly shall, before it become a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it with his objections, to the house in which it originated, which shall enter the same upon the journal and proceed to reconsider it; if, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law notwith. standing the Governor's objections. If any bill shall not be returned within ihree days after it shall have been presented to him, Sunday excepted, the same shall be a law in like manner as if he had signed it, unless the General Assembly by adjournment prevent such return.
18. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every regular session of the General Assembly.
19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
20. The Governor, Secretary of State, Auditor, Treasurer, and Judges of the Supreme and District Courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honour, trust, or profit under this State ; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law. All other civil officers shall be tried for misdemean. ors in office in such inanner as the General Assembly may provide.
21. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit un. der this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people.
22. No person holding any lucrative office under the United States, or this State, or any other power, shall be eligible to the General As. sembly: Provided, That offices in the militia, to which there is attach. ed no annual salary, or the office of justice of the peace, or postinasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.
23. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid into the treasury, all sums for which he may be liable.
24. No money shall be drawn from the treasury but in consequence of appropriations made by law.
25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session : when convened in extra session by the Governor, they shall receive such sum as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they shall travel, in going to and returning from their place of meeting, on the most usual route: Provided, however, that the members of the first General Assembly under this Constitution shall receive two dollars per day for their services during the entire session.
26. Every law shall embrace but one object, which shall be expressed in the title.
27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the state.
28. No divorce shall be granted by the General Assembly.
29. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
30. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear, or affirm, (as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator, (or Representative, as the case may be,) according to the best of my ability.'
" And members of the General Assembly are hereby empowered to administer to each other the said oath or affir. mation.
31. Within one year after the ratification of this Constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inhabitants of this State shall be made, in such manner as shall be directed by law. The number of Senators and Representatives shall, at the first regular session of the General Assembly, after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabi. tants in each; and (the General Assembly) shall also, at every subse. quent regular session, apportion the House of Representatives, and every other regular session the Senate, for eight years; and the House of Rep. resentatives shall never be less than twenty-six, nor greater than thirty; nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-nine nor ex. ceeding seventy-two.
32. When a Congressional, Senatorial, or Representative district shall be composed of two or more counties, it shall not be entirely se. parated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial or Representa. tive district.
33. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journal.
33. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dol. lars; Secretary of State, five hundred dollars ; Treasurer, four hundred dollars ; Auditor, six hundred dollars; Judges of the Supreme and Dis. trict Courts, each one thousand dollars.
Executive Department. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Iowa.
2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office four years from the time of his installation, and until his successor shall be qualified.
3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State iwo years next preceding the election, and attained the age of thirty years at the time of said election.
4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the General Assembly shall, by joint vote, choose one of said persons so having an equal and the highest number of votes, for Governor.
5. The Governor shall be commander-in-chief of the militia, the army, and navy of this State.
6. He shall transact all executive business with the officers of go. vernment, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices.
7. He shall see that the laws are faithfully executed.
8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a com. mission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people.
9. He may, on extraordinary occasions, convene the General Assem. bly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.
10. He shall communicate by message to the General Assembly, at every session, the condition of the State, and recommend such matters as he shall deem expedient.
11. In case of disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next General Assembly.
12. No person shall, while holding any other office under the United States, or this State, execute the office of Governor, except as hereinafter expressly provided.
13. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of im. peachment.
14. The Governor shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the time for which he shall have been elected.
15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa.
16. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the great seal of this State, signed by the Governor and countersigned by the Secretary of State.
17. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall be elected by the qualified electors, who shall continue in, office two years. The Secretary of State shall keep a fair register of all the official acts of the Governor, and shall, when required, lay the same, together with all papers, minutes and vouchers relative thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law.
18. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled.
19. Il, during the vacancy of the office of Governor, the Secretary of State shall be impeached, displaced, resign, die, or be absent from
the state, the powers and duties of the office of Governor shall devolve upon the President of the Senate; and should a vacancy occur by im. peachment, death, resignation, or absence from the state, of the Presi. dent of the Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled.
Judicial Department. 1. The Judicial power shall be vested in a Supreme Court, District Courts, and such inferior courts, as the General Assembly may from time to time establish.
2. The Supreme Court shall consist of a Chief Justice and two As. sociates, two of whom shall be a quorum to hold court.
3. The Judges of the Supreme Court shall be elected by joint vote of both branches of the General Assembly, and shall hold their courts at such time and place as the General Assembly may direct, and hold their offices for six years, and until their successors are elected and qualified, and shall be ineligible to any other office during the term for which they may be elected. The Supreme Court shall have appellate jurisdiction only in all cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the General Assembly may by law prescribe. The Supreme Court shall have power to issue all writs and process necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the Judges of the Supreme Court shall be conservators of the peace throughout the State.
4. The District Court shall consist of a Judge, who shall be elected by the qualified voters of the district in which he resides, at the town. ship election, and hold his office for the term of five years, and until his successor is duly elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The District Court shall be a court of law and equity, and have jurisdic. tion in all civil and criminal matters arisi in their respective dis. tricts, in such manner as shall be prescribed by law. The Judges of the District Courts shall be conservators of the peace in their respective districts. The first session of the General Assembly shall divide the State into four districts, which may be increased as the exigencies require.
5. The qualified voters of each county, shall at the general election, -elect one Prosecuting Attorney and one Clerk of the District Court, who shall be residents therein, and who shall hold their several offices for the term of two years, and until their successors are elected and qualified.
6. The style of all process shall be, “ The State of Iowa" and all prosecutions shall be conducted in the name and by the authority of the same.
Militia. 1. The Militia of this State shall be composed of al able bodied white male citizens between the ages of eighteen and forty-five years,