erms, shall not equally belong to
all citizens." To section nine is added the classical declaration that
"no person shall be deprived of life, liberty, or property, without
due process of law." Section twenty-four, which is altogether new,
provides that "no lease or grant of agricultural lands, reserving any
rent, or service of any kind, shall be valid for a longer period than
twenty years."
In Article III. the date of the regular biennial session of the
General Assembly is changed from the first Monday in December to "the
second Monday in January next ensuing the election of its members."
Section fifteen provides that bills (including those for revenue) may
originate in either House of the General Assembly. But,
according to Section seventeen, "no bill shall be passed unless by the
assent of a majority of all the members elected to each branch of the
General Assembly." Furthermore, the cases in which the General
Assembly is prohibited from passing local or special laws are
specifically enumerated in section thirty.
The most significant change or addition in the article on the
"Executive Department" is the provision for a Lieutenant Governor.
The article on the Judicial Department provides for the election of
the Judges of the Supreme Court by the people instead of by the
General Assembly. By the same article provision is made for "the
election of an Attorney General by the people."
The article on "State Debts" is more explicit and more guarded, but
permits the State to contract debts which, however, "shall never
exceed the sum of two hundred and fifty thousand dollars."
Article VIII. removes the illiberal restrictions which had been placed
by the Constitution upon Corporations--especially banking
Corporations. And Article X. makes the process of amending the
fundamental law altogether more flexible.
The Board of Education, provided for in Article IX., was an
innovation. As a system of educational control it proved
unsatisfactory and was soon abolished by the General Assembly.
The new Constitution was submitted to the people for ratification at
the regular annual election which was held on Monday, August 3,
1857. Naturally enough the Democrats, who had been in the minority in
the Convention of 1857, opposed the adoption of this "Republican
code." The Republican party, however, now had the confidence of the
people and were able to secure its ratification by a majority of
sixteen hundred and thirty vot
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