Ex. Doc. No. 55.

HOUSE OF REPRESENTATIVES.

CONSTITUTION OF WISCONSIN.

MESSAGE

OF THE

PRESIDENT OF THE UNITED STATES,

TRANSMITTING

A copy of the constitution of State government formed by a convention of the people of the Territory of Wisconsin, in pursuance of the act of Congress of August 6th, 1846, together with sundry documents relating thereto.

MARCH 16, 1848.

Referred to the Committee on Territories.

To the House of Representatives:

I communicate, herewith, a copy of the constitution of State government, formed by a convention of the people of the Territory of Wisconsin, in pursuance of the act of Congress of August 6th, 1846, entitled "An act to enable the people of Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union."

I communicate, also, the documents accompanying the constitution, which have been transmitted to me by the president of the convention. JAMES K. POLK.

WASHINGTON, March 15, 1848.

MADISON, February 5, 1848.

SIR: In obedience to the order of the convention, I have the honor to transmit a copy of the constitution of the State of Wisconsin, adopted by that body on the 1st instant.

Copies are also enclosed of the act of the Territorial legislature, entitled "An act in relation to the formation of a State government in Wisconsin, &c.;" and of so much of the last census as exhibits the number of inhabitants on the 1st of December, 1847.

I am required to transmit these several documents to your excellency, with the request that they be laid before the Congress of the United States, at its present session.

I have the honor to be, with great respect, your obedient servant,

To his excellency JAMES K. POLK,

M. L. MARTIN, President of the Convention.

President of the United States.

CONSTITUTION OF THE STATE OF WISCONSIN.

PREAMBLE.

We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility, and promote the general welfare, do establish this

CONSTITUTION.

ARTICLE I.

DECLARATION OF RIGHTS.

Section 1. All men are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness; to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

Section 2. There shall be neither slavery, nor involuntary servitude, in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

Section 3. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury, that the matter charged as libellous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

Section 4. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

Section 5. The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.

Section 6. Excessive bail shall not be required, nor shall excessive fipes be imposed, nor cruel and unusual punishments inflicted.

Section 7. In all criminal prosecutions, the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of

witnesses in his behalf; and, in prosecutions by indictment or information, to a speedy public trial by an impartial jury of the county or district wherein the offence shall have been committed, which county or district shall have been previously ascertained by law.

Section 8. No person shall be held to answer for a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger; and no person, for the same offence, shall be put twice in jeopardy of punishment; nor shall be compelled, in any criminal case, to be a witness against himself. All persons shall, before conviction, be liable by sufficient sureties, except for capital offences when the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require.

Section 9. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.

Section 10. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 12. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed; and no conviction shall work corruption of blood, or forfeiture of estate.

Section 13. The property of no person shall be taken for public use without just compensation therefor.

Section 14. All lands within the State are declared to be allodial. and feudal tenures are prohibited; leases and grants of agricultural land, for a longer term than fifteen years, in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation, reserved in any grant of land hereafter made, are declared to be void.

Section 15. No distinction shall ever be made by law, between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property.

Section 16. No person shall be imprisoned for debt arising out of, or founded on, a contract, express or implied.

Section 17. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting

a reasonable amount of property from seizure or sale, for the payment of any debt or liability hereafter contracted.

Section 18. The right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect, or support, any place of worship, or to maintain any ministry, against his consent; nor shall any control of, or interference with, the rights of conscience, be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

Section 19. No religious test shall ever be required as a qualification for any office of public trust under the State, and no person. shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion. Section 20. The military shall be in strict subordination to the civil power.

Section 21. Writs of error shall never be prohibited by law.

Section 22. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.

ARTICLE II.

BOUNDARIES.

Section 1. It is hereby ordained and declared, that the State of Wisconsin doth consent and accept of the boundaries prescribed in the act of Congress, entitled "An act to enable the people of Wisconsin Territory to form a constitution and State government, and for the admission of such State into the Union," approved August sixth, one thousand eight hundred and forty-six; to wit: Beginning at the northeast corner of the State of Illinois-that is to say, at a point in the centre of lake Michigan, where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, through lake Michigan, Green Bay, to the mouth of Menominie river; thence up the channel of the said river to the Brule river; tence up said last mentioned river to Lake Brule; thence along the southern shore of lake Brule, in a direct line, to the centre of the channel between Middle and South islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Craim; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the centre of Lake Superior to the mouth. of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the centre of the main channel of that river