CHAPTER XII.

STATE GOVERNMENT.

Nature of Constitution.-Before discussing the departments of government, it will be well to learn something of the nature of a constitution, as well as of the history of the constitution of our own state. The constitution of a state is often called its fundamental law, be. cause all laws passed by the general assembly must be based upon it, and no valid law can be passed in violation of its provisions. It is in the nature of a contract between the state and the people, whereby the powers of the former are defined, and the rights of the latter maintained.

Old Constitution.-The constitution, adopted by the people of Iowa just before the state was admitted into the Union, is known as the old constitution. Some of its provisions proved to be unsatisfactory, and, in the early part of 1857, a convention met at Iowa City, and drafted the present constitution of the state. The work of this convention was completed in March of that year. Several of its members have since held important positions in state and nation.

New Constitution.-By its own terms, this draft of a constitution was submitted to the electors of the state at an election held in August, 1857. A majority of the votes cast at that time were in favor of its adoption, and the

governor immediately issued a proclamation declaring this new constitution to ce the supreme law of Iowa.

Preamble. The preamble, or introduction to the constitution, is as follows: "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 independent government, by the name of The State of Iowa, the boundaries whereof shall be as follows:" (For boundaries, see Constitution.) The preamble is not a part of the constitution, but is designed to show the reason for its establishment.

ARTICLE I.-BILL OF RIGHTS.

Rights of Persons.-Section one of the first article of the constitution defines the civil rights of the inhabitants of the state. It declares that all men are, by nature, free and equal, and that they are endowed with certain inalienable rights. The rights enumerated are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. These rights of the people are recognized by all free governments, and must be, in the very nature of things. They are called inalienable rights, because they cannot be taken away so long as the govern. ment exists.

Political Power.-The second section declares all political power to be vested in the people of the state. Government is instituted for the good of the people, and they have the right to alter or reform the same, whenever

the public good may require it. The essence of all free government is contained in the immortal words of Abraham Lincoln, "A government of the people, by the people, and for the people."

Religion.-Section three prohibits the legislature from passing any law to establish uniformity of religion, or to restrict the religious liberty of the people. It forbids the laying of tithes, taxes, or other rates for building places of worship, or maintaining the ministry. The religious freedom, sought by so many of the early settlers of our country, is guaranteed to all persons within the borders of Iowa.

Religious Test.-Section four forbids the requirement of any religious test as a qualification for any office of public trust, and declares that no person shall be deprived of any rights, privileges, or capacities on account of his opinions on religious matters. This is in accordance with the spirit of the constitution of the United States, upon which the state constitution is based. This section also provides that parties to any suits at law are competent to serve as witnesses in such suits.

Dueling. Section five declares any citizen of the state who shall engage in a duel, either as principal or accessory, to be forever disqualified from holding any office under the constitution and laws of the state. This shows the growth in sentiment with regard to the practice of dueling. Hamilton, Burr, Jackson, Clay, and many other prominent men in the early history of our government, resorted to this barbarous way of settling their "affairs of honor."

Laws Uniform.-By section six, the general assembly is forbidden to grant any citizen, or class of citizens, privileges or immunities, which shall not apply to all other persons, under the same circumstances. All laws of a general nature must be uniform in their operation. It is a fundamental principle of all free government that there shall be no privileged classes.

Liberty of Speech.-The next section gives every person the right to speak, write, and publish his sentiments on any and all subjects. By its provisions, no law can be passed to restrict liberty of speech or of the press, but any person is liable to prosecution for the abuse of this right. In all prosecutions for libel, if it can be proved that the matter charged as libelous is true, the person accused shall be acquitted. Article one of the amendments to the constitution of the United States insures the same freedom to all the people of the United States.

Section eight of this article is a verbatim reprint of the fourth article of amendment to the constitution of the United States.

Jury.-Section nine provides for maintaining inviolate the right of trial by jury, but authorizes the general assembly to establish a jury of a less number than twelve men in inferior courts. Another provision is, that no person shall be deprived of life, liberty, or property, without due process of law. In accordance with the latter part of the first clause, the jury in a justice court is composed of six men.

Criminal Cases.-Section ten refers to the method of procedure in criminal cases, and is, in substance, the same

as article six of the amendments to the constitution of the United States.

Same.-Section eleven establishes the mode of procedure in all criminal cases less than felony, in which the pun. ishment does not exceed a fine of one hundred dollars, or im prisonment for more than thirty days. All such cases are to be tried without indictment, before a justice of the peace, or other officer authorized by law. The accused has the right to appeal from the decision of the justice to the district court.

Indictment.--In all other criminal offenses, an indictment must be brought against the person suspected of having committed the crime, before he can be held to answer for the crime of which he is accused. There is an exception

to this in cases arising in the army or navy, or in the militia, when in actual service, in time of war or public danger. Violators of military law are tried by a court inartial, consisting of from three to thirteen members, according to the nature of the crime and the rank of the offender.

A per

Twice Tried.-Section twelve provides that after a person has been acquitted by a court of competent jurisdiction, he cannot be tried again for the same offense. son charged with the perpetration of a minor crime, is entitled to his liberty before conviction, upon giving bonds signed by responsible parties that he will present himself, at the appointed time, for trial. Such bonds are called bail, and are usually of twice the amount of the highest money penalty, or fine, that can be attached to the crime.

If the person, thus set at liberty, fails to appear for trial, the amount of the bond, or so much thereof as may be demanded by the court, is forfeited to the school