The Constitution of 1846 was modeled upon the Constitution of 1844,
although it was by no means a servile copy of that twice rejected
instrument. Both codes were drawn up according to the same general
plan, and were composed of the same number of articles, dealing
substantially with the same subjects. The Constitution of 1846,
however, was not so long as the Constitution of 1844 and was
throughout more carefully edited.
Article I. on "Preamble and Boundaries" does not contain the quotation
from the preamble of the Federal Constitution which was made a
part of the corresponding article in the Constitution of 1844. As to
boundary specifications, the only material difference is found in the
shifting of the line on the North from the St. Peters to the parallel
of forty-three and one half degrees of North latitude. This new
boundary was a compromise between the boundaries suggested by Lucas
and those proposed by Nicollet.
The "Bill of Rights," which constitutes Article II., contained one
additional section, which aimed to disqualify all citizens who should
participate in dueling from holding any office under the Constitution
and laws of the State.
Article III. on the "Right of Suffrage" reads the same as in the
Constitution of 1844, although in the Convention of 1846 a
strong effort had been made to extend this political right to resident
foreigners who had declared their intention of becoming citizens.
Article IV. on the composition, organization, and powers of the
General Assembly contained four items which differed materially from
the provisions of the Constitution of 1844. First, it was provided
that the sessions of the General Assembly should commence on the first
Monday of January instead of on the first Monday of December.
Secondly, the Senate was to choose its own presiding officer. Thirdly,
all bills for revenue must originate in the House of Representatives.
Fourthly, the salaries for ten years were fixed as follows: for
Governor $1,000; for Secretary of State $500; for Treasurer $400; for
Auditor $600; and for Judges of the Supreme Court and District
Courts $1,000.
Article V. on "Executive Department" differs from the corresponding
article in the Constitution of 1844 in that the office of Lieutenant
Governor is omitted, while the term of the Governor is made four years
instead of two.
Article VI., which provides for the Judiciary, limits the term of the
Judges of the Supreme Court and District Courts to four years.
Articles VII. and VIII. on "Militia" and "State Debts" respectively
are the same as in the earlier Constitution.
Article IX. on "Incorporations" is a radical departure from the
provisions of the old Constitution. The General Assembly is empowered
to provide general laws with reference to corporations, but is
restrained from creating such institutions by special laws. At the
same time the article provides that "no corporate body shall hereafter
be created, renewed, or extended, with the privilege of making,
issuing, or putting in circulation, any bill, check, ticket,
certificate, promissory note, or other paper, or the paper of any
bank, to circulate as money. The General Assembly of this State shall
prohibit, by law, any person or persons, association, company or
corporation, from exercising the privileges of banking, or creating
paper to circulate as money."
Article X. on "Education and School Lands" directs the General
Assembly to "provide for the election, by the people, of a
Superintendent of Public Instruction" and to "encourage by all
suitable means, the promotion of intellectual, scientific, moral and
agricultural improvement."
Article XI. on "Amendments of the Constitution" provided but one
method of effecting changes in the fundamental law. The General
Assembly was empowered to provide at any time for a vote of the people
on the question of a Convention to "revise or amend this
Constitution." If a majority of the people favored a Convention, then
the General Assembly was to provide for the election of delegates.
Article XII. contains three "miscellaneous" items relative to (_a_)
the jurisdiction of Justices of the Peace, (_b_) the size of new
counties, and (_c_) the location of lands granted to the State.
Article XIII. on "Schedule" provided, among other things, that
the Governor should by proclamation appoint the time for holding the
first general election under the Constitution; but such election must
be held within three months of the adoption of the Constitution.
Likewise, the Governor was empowered to fix the day of the first
meeting of the General Assembly of the State, which day, however, must
be within four months of the ratification of the Constitution by the
people.
It is, moreover, interesting to note that while the Constitution of
1844 prescribed in general outline a system of county and township
government, the Constitution of 1846 left the whole matter of local
government to future legislation.