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hart nesp br.1.1.8.5.7

OCT

.نه

زن به

CONSTITUTION OF THE STATE OF MICHIGAN.

TABLE OF CONTENTS.

ARTICLE 1.-Boundaries and seat of government.
ARTICLE II.-Declaration of rights.
ARTICLE III.-Elective franchise.
ARTICLE IV.-Division of the powers of government.
ARTICLE V.—Legislative department.
ARTICLE VI.-Executive department.
ARTICLE VII.-Judicial department.
ARTICLE VIII.-Local government.
ARTICLE IX.--Impeachments and removals from office.
ARTICLE X.-Finance and taxation.
ARTICLE XI.—Education.
ARTICLE XII.—Corporations.
ARTICLE XIII.—Eminent domain.
ARTICLE XIV.—Exemptions.
ARTICLE XV.- Militia.
ARTICLE XVI.-Miscellaneous provisions.
ARTICLE XVII.-Amendment and revision.
SCHEDULE

NOTE.-In printing the constitution of 1909, a comparison is made with the constitution of 1850. Italicized words indicate new matter. References are to articles and sections of the constitution of 18! unless otherwise ed. Sections of the constitution of 1850, eliminated by the present constitution, immediately follow the schedule.

PREAMBLE.

We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.

The change was made to give recognition in the constitution to the Supreme Being.

ARTICLE I.

BOUNDARIES AND SEAT OF GOVERNMENT.

SECTION 1. The state of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to wit: Commencing at a point on the eastern boundary line of the state of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of Maumee Bay shall intersect the same said point being the northwest point of the state of Ohio, as established by act of congress, entitled "An act to establish the northern boundary line of the state of Ohio, and to provide for the admission of the state of Michigan into the Union upon the conditions therein expressed," approved June fifteenth, eighteen hundred thirty-six; thence with the said boundary line of the state of Ohio, until it intersects the boundary line between the United States and Canada in Lake Erie; thence with the said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the westerly branch of the Montreal river to Island Lake, the head waters thereof; thence in a direct line to the center of the channel between Middle and South Islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the River Brule to the main channel of the Menominee river; thence down the center of the main channel of the same to the center of the most usual ship channel of the Green Bay of Lake Michigan; thence through the center of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the state of Indiana, as that line was established by the act of congress of the nineteenth of April, eighteen hundred sixteen; thence due east with the north boundary line of the said state of Indiana to the northeast corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.

The boundaries of the state are preserved as defined in the constitution of 1850.

SEC. 2. The seat of government shall be at Lansing, where it is now established.

No change from Art. II.

ARTICLE II.

DECLARATION OF RIGHTS.

SECTION 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.

New.

Sec. 2. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the legislature for redress of grievances.

No change from Sec. 10, Art. XVIII.

Sec. 3. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.

No change from Secs. 39, 40 and 41, Art. IV, except in phraseology.

Sec. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

No change from Sec. 42, Art. IV, except in phraseology.

Sec. 5. Every person has a right to bear arms for the defense of himself and the state.

No change from Sec. 7, Art. XVIII.

Sec. 6. The military shall in all cases and at all times be in strict subordination to the civil power.

No change from Sec. 8, Art. XVIII.

Sec. 7. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.

No change from Sec. 9, Art. XVIII.

Sec. 8. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.

No change from Sec. 11, Art. XVIII.

Sec. 9. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.

No change from Sec. 43, Art. IV, except in phraseology.

Sec. 10. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation.

No change from Sec. 26, Art. VI.

SEC. 11. The privilege of the writ of hạbeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.

No change from Sec. 44, Art. IV, except in phraseology.

Sec. 12. Any suitor in any court of this state shall have the right to prosecute or defend his suit, either in his own proper person or by an attorney or agent of his choice.

No change from Sec. 24, Art. VI.

Sec. 13. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be prescribed by law.

No change from Sec. 27, Art. VI.

Sec. 14. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great.

No change from Sec. 29, Art. VI.

Sec. 15. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.

No change from Sec. 31, Art. VI.

SEC. 16. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.

No change from Sec. 32, Art. VI.

Sec. 17. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.

No change from Sec. 34, Art. VI.

Sec. 18. In all prosecutions for libels the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.

Sec. 25, Art. VI. “The jury shall have the right to determine the law and the fact” omitted.

SEC. 19. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in courts of record, when the trial court shall so order, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.

Sec. 28, Art. VI.

Sec. 20. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

No change from Sec. 33, Art. VI.

SEC. 21. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court.

No change from Sec. 30, Art. VI, except in phraseology.

ARTICLE III.

ELECTIVE FRANCHISE.

SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this

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