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PROCLAMATION OF ADMISSION.
[Issued by President Harrison, Nov. 2, 1889.]
Whereas, The congress of the United States did, by an act approved on the twenty-second day of February, one thousand eight hundred and eighty-nine, provide that the inhabitants of the territory of Dakota might, upon the conditions prescribed by said act become the. states of North Dakota and South Dakota; and
Whereas, It was provided by said act that the area comprising the territory of Dakota should, for the purposes of the act be divided on the line of the seventh standard parallel produced due west to the western boundary of said territory and that the delegates elected as therein provided to the constitutional convention in districts north of said parallel should assemble in convention at the time prescribed in the act at the city of Bismarck; and
Whereas, It was provided by the said act that the delegates elected, as aforesaid, should, after they had met and organized, declare on behalf of the people of North Dakota that they adopt the constitution of the United States; whereupon the said convention should be authorized to form a constitution and state government for the proposed state of North Dakota; and
Whereas, It was provided by said act that the constitution so adopted should be republican in form and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not be repugnant to the constitution of the United States and the principles of the declaration of independence; and that the constilution should, by ordinance irrevocable without the consent of the United States and the people of said states, make certain provisions prescribed in said act; and
Whereas It was provided by said act that the constitutions of North Dakota and South Dakota should respectively incorporate an agrerent, to be reached in accordance with the provisions of the act for an equitable division of all property belonging to the territory of Dakota, the disposition of all public records, and also for the apportionment of the debts and liabilities of said territory, and that each of said states should obligate itself to pay its proportion of such debts and liabilities the same as if they had been created by such states respectively; and
Whereas, it was provided by said act that the constitution thus formed for the people of North Dakota should, by an ordinance of the convention forming the same, be sub
mitted to the people of North Dakota, at an election to be held therein on the first Tuesday in October, one thousand eight hundred and eighty-nine, for ratification or rejection by the qualified voters of said proposed state and that the returns of said election should be made to the secretary of the territory of Dakota who with the governor and chief justice thereof, or any two of them, should canvass the same and if a majority of the legal votes cast should be for the constitution, the governor should certify the result to the president of the United States, together with a statement of the votes cast thereon and upon separate articles or propositions and a copy of said constitution, articles, propositions and ordinances; and
Whereas, It has been certified to me by the governor of the territory of Dakota, that within the time prescribed by said act of congress a constitution for the proposed state of North Dakota has been adopted and the same ratified by a majority of the qualified voters of said proposed state in accordance with the conditions prescribed in said act; and
Whereas, It is also certified to me by said governor that at the same time that the body of said constitution was submitted to a vote of the people, a separate article numbered 20 and entitled "prohibition" was also submitted and received a majority of all the votes cast for and against said article as well as a majority of all the votes cast for and against the constitution and was adopted; and
Whereas, A duly authenticated copy of said constitution, article, ordinances and propositions, as required by said act has been received by me;
Now, therefore, I Benjamin Harrison, president of the United States of America, do in accordance with the provisions of the act of congress aforesaid, declare and proclaim the fact that the conditions imposed by congress on the state of North Dakota to entitle that state to admission to the union, have been ratified and accepted and that the admission of the said state into the union is now complete.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this second day of November, in the year of our Lord one thousand eight hundred and eighty-nine, and of the independence of the United States of America the one hundred and fourteenth.
By the President:
JAMES G. BLAINE, Secretary of State.
[Adopted Oct. 1, 1883; yeas, 27,441; nays, 8,107]
We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution.
ARTICLE I. Declaration of Rights.
Section 1. All men are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property and reputation; and pursuing and obtaining safety and happiness.
Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have a right to alter or reform the same whenever the public good may require.
Sec. 3. The state of North Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land.
Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require.
Sec. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor be confined in any room where criminals are actually imprisoned.
Sec. 7. The right of trial by jury shall be secured to all, and remain inviolate; but a jury in civil cases, in courts not of record, may consist of less than twelve men, as may be prescribed by law.
Sec. 8. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases
offenses shall be prosecuted criminally by indictment or information. The legislative assembly may change, regulate cr abolish the grand jury system.
Sec. 9. Every man may freely write, speak and publish his opinions on all subjects, being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth may be given in evidence, and shall be a sufficient defense when the matter is published with good motives and for justifiable ends; and the jury shall have the same power of giving a general verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.
Sec. 10. The citizens have a right in a peaceable manner, to assemble together for the common good, and to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition, address or remonstrance.
Sec. 11. All laws of a general nature shall have a uniform operation.
Sec. 12. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and no soldiers shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.
Sec. 13. In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor 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.
Sec. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation, other than municipal, until full compensation therefor be first made in money or ascertained and paid into court, for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived.
Sec. 15. No person shall be imprisoned for debt unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of tort; or where there is strong presumption of fraud.
Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed. Sec. 17. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.
Sec. 18. 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 warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.
Sec. 19. Treason against the state shall consist only in levying war against it, adhering to its enemies or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
Sec. 20. No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens.
Sec. 21. The provisions of this constitution are mandatory and prohibitory unless, by express words, they are declared to be otherwise.
Sec. 22. All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice administered without sale, denial or delay. Suits may be brought against the state in such manner, in such courts and in such cases, as the legislative assembly may, by law, direct.
Sec. 23. Every citizen of this state shall be free to obtain employment wherever possible, and any person, corporation, or agent thereof, maliciously interfering or hindering. in any way, any citizen from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a misdemeanor.
Sec. 24. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.
ARTICLE II.-The Legislative Department.
Sec. 25. The legislative power shall be vested in a senate and house of representatives.
Sec. 26. The senate shall be composed of not less than thirty nor more than fifty members.
Sec. 27. Senators shall be elected for the term of four years, except as hereinafter provided.
Sec. 28. No person shall be a senator who is not a qualified elector in the district in which he may be chosen, and