SEC. 10. No court shall be secret, but justice shall be administered openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation. SEC. 11. In all criminal prosecutions the accused shall have the right to public trial by an impartial jury in the county in which the offence shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. SEC. 12. No person shall be put in jeopardy twice for the same offence, nor be compelled in any criminal prosecution to testify against himself. SEC. 13. No person arrested or confined in jail shall be treated with unnecessary rigor. SEC. 14. Offenses, except murder and treason, shall be bailable by sufficient sureties. Murder and treason shall not be bailable where the proof is evident or the presumption strong. SEC. 15. Laws for the punishment of crime shall be founded on the principles of reformation, and not of vindictive justice. SEC. 16. Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offence. SEC. 17. In all criminal cases whatever the jury shall have the right to determine the law and the facts, under the direction of the court as to the law, and the right of new trial, as in civil cases. SEC. 18. In all civil cases the right of trial by jury shall remain inviolate. SEC. 19. Private property shall not be taken for public use, nor the particular services of any man be demanded without just compensation, nor, except in the case of the State, without such compensation first assessed and tendered. SEC. 20. There shall be no imprisonment for debt, except in case of fraud or absconding debtors. SEC. 21. No law shall be passed granting to any citizen or class of citizens privileges or immunities which, upon the same terms, shall not equally belong to all citizens. SEC. 22. No ex post facto law, or law impairing the obligations of contracts, shall ever be passed, nor shall any law be passed the taking effect of which shall be made to depend upon any authority except as provided in this constitution: Provided, That laws locating the capital of the State, locating county-seats, and submitting town and city corporate acts and other local and special laws may take effect or not, upon a vote of the electors interested. SEC. 23. The operation of the laws shall never be suspended except by the authority of the legislative assembly. SEC. 24. The privilege of the writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety require it. SEC. 25. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid or comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. SEC. 26. No conviction shall work corruption of blood or forfeiture of estate. SEC. 27. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good, nor for instructing their representatives, nor from applying to the legislature for redress of grievances. SEC. 28. The people shall have the right to bear arms for the defence of themselves and the State, but the military shall be kept in strict subordination to the civil power. SEC. 29. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in manner prescribed by law. SEC. 30. No law shall be passed granting any title of nobility or conferring hereditary distinction. SEC. 31. No law shall be passed prohibiting emigration from the State. SEC. 32. White foreigners, who are or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native-born citizens. And the legislative assembly shall have power to restrain and regulate the immigration to this State of persons not qualified to become citizens of the United States. SEC. 33. No tax or duty shall be imposed without the consent of the people or their representatives in the legislative assembly, and all taxation shall be equal and uniform. SEC. 34. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people. SEC. 35. There shall be neither slavery nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted. SEC. 36. No free negro or mulatto, not residing in this State at the time of the adoption of this Constitution, shall come, reside or be within this State, or hold any real estate, or make any contracts, or · maintain any suit therein; and the Legislative Assembly shall provide by penal laws for the removal by public officers of all such negroes and mulattoes, and for their effectual exclusion from the State, and for the punishment of persons who shall bring them into the State, or employ or harbor them. ARTICLE II SUFFRAGE AND ELECTIONS SECTION 1. All elections shall be free and equal. SEC. 2. In all elections not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and every white male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States one year preceding such election, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections authorized by law. SEC. 3. No idiot or insane person shall be entitled to the privileges of an elector; and the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprisonment in the penitentiary. SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State or of the United States, or on the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison. SEC. 5. No soldier, seaman, or marine in the Army or Navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been stationed within the same, nor shall any such soldier, seaman, or marine have the right to vote. SEC. 6. No negro, Chinaman, or mulatto shall have the right of suffrage. SEC. 7. Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election. SEC. 8. The legislative assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating and conducting elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, and other improper conduct. SEC. 9. Every person who shall give or accept a challenge to fight a duel, or shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit. SEC. 10. No person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to a seat in the legislative assembly; nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted: Provided, That officers in the militia, to which there is attached no annual salary, and the office of postmaster, where the compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative. SEC. 11. No person who may hereafter be a collector or holder of public money shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable. SEC. 12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. SEC. 13. In all cases in which it is provided that an office shall not be filled by any person more than a certain number of years continu a This section is numbered 13 in the original. ously, an appointment pro tempore shall not be reckoned a part of that term. SEC. 14. General elections shall be held on the first Monday of June biennally. SEC. 15. In all elections by the legislative assembly, or by either branch thereof, votes shall be given openly, or viva voce, and not by ballot, forever; and in all elections by the people, votes shall be given openly, or vira voce, until the legislative assembly shall otherwise direct. SEC. 16. In all elections held by the people under this constitution, the person or persons who shall receive the highest number of votes shall be declared duly elected. SEC. 17. All qualified electors shall vote in the election precinct in the county where they may reside for county officers, and in any county of the State for State officers, or in any county of a congressional district in which such electors may reside for members of Congress. ARTICLE III DISTRIBUTION OF POWERS The powers of the government shall be divided into three separate departments, the legislative, the executive, (including the administrative,) and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided. ARTICLE IV LEGISLATIVE DEPARTMENT SECTION 1. The legislative authority of the State shall be vested in the legislative assembly, which shall consist of a senate and house of representatives. The style of every bill shall be, "Be it enacted by the legislative assembly of the State of Oregon; " and no law shall be enacted except by bill." SEC. 2. The senate shall consist of sixteen and the house of representatives of thirty-four members, which number shall not be increased until the year eighteen hundred and sixty; after which time the legislative assembly may increase the number of senators and representatives, always keeping as near as may be the same ratio as to the number of senators and representatives: Provided, That the senate shall never exceed thirty and the house of representatives sixty members. SEC. 3. The senators and representatives shall be chosen by the electors of the respective counties or districts into which the State may, from time to time, be divided by law. SEC. 4. The senators shall be elected for the term of four years, and representatives for the term of two years, from the day next after their general election: Provided, however, That the senatorselect at the first session of the legislative assembly under this constitution shall be divided by lot into two equal classes, as nearly as may be, and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expira tion of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible. SEC. 5. The legislative assembly shall, in the year eighteen hundred and sixty-five, and every ten years after, cause an enumeration to be made of all the white population of the State. SEC. 6. The number of senators and representatives shall, at the session next following an enumeration of the inhabitants by the United States, or this State, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of senators and representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one-half of said ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes. SEC. 7. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties; and no county shall be divided in creating senatorial districts. SEC. 8. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for one year next preceding his election, an inhabitant of the county or district whence he may be chosen. Senators and representatives shall be at least twenty-one years of age. SEC. 9. Senators and representatives in all cases, except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the legislative assembly, and in going to and returning from the same, and shall not be subject to any civil process during the session of the legislative assembly, nor during the thirteen days next before the commencement thereof. Nor shall a member, for words uttered in debate in either house, be questioned in any other place. SEC. 10. The sessions of the legislative assembly shall be held biennially at the capital of the State, commencing on the second Monday of September, in the year eighteen hundred and fifty-eight, and on the same day of every second year thereafter, unless a different day shall have been appointed by law. SEC. 11. Each house, when assembled, shall choose its own officers; judge of the election, qualifications, and returns of its own members; determine its own rules of proceeding, and sit upon its own adjournments; but neither house shall, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting. SEC. 12. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall |