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  1. Overview: Wyoming State Constitutional Convention 1889
  2. Full Record: Wyoming State Constitutional Convention 1889
  3. Committee:The Convention
  4. Session: 1889-09-25 00:00:00
  5. Event type: CREATE_FROM

Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

The Convention

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Document introduced in:

Session 5998: 1889-09-25 00:00:00

The Committee on Revision and Adjustment presented their report and articles for final discussion and approval. The Convention read line by line the substitute for the article relating to Railroad and Telegraph Lines. The Convention then resolved into the Committee of the Whole, and the committee reported their progress on the articles concerning Taxation and Revenue as well as the Preamble.

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Preamble [File No. 88, Convention]

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Preamble

We, the People of the State of Wyoming, grateful to God for our civil, political and religiose liberties, and desiring to secure them to ourselves and to perpetuate them to our posterity do ordain and establish this Constitution.

Declaration of Rights

Section 1. All power is inherit in the people and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

Section 2. In their inherent right to life, liberty and pursuit of happiness, all members of the human race are equal.

Section 3. Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this State affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstances or condition whatsoever other than individual incompetency or unworthiness, duly ascertained by a court of competent jurisdiction.

Section 4. 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 affidavit, particularly describing the place to be searched and the person or thing to be seized.

Section 5. No person shall be imprisoned for debt except in case of fraud.

Section 6. No person shall be deprived of his life, liberty or property without due process of law.

Section 7. Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.

Section 8. All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial or delay. Suits may be brought against the State in such manner and in such courts as the legislature may by law direct.

Section 9. The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury shall consist of twelve men, any nine of whom concurring may find an indictment, but the legislature may change, regulate or abolish the grand jury system.

Section 10. In all criminal prosecutions the accused shall have the right to defend in person and by counsel, to demand the nature and causes of the accusation, to have a copy thereof, to be confronted with the witnesses against him, to have compulsory processes served for obtaining necessary witnesses, and to a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Section 11. No person shall be compelled to testify against himself in any criminal case, nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after verdict, or if the judgment be reversed for error in law, the accused shall be deemed to have been in jeopardy.

Section 12. No person shall be detained as a witness in any criminal prosecution longer than may be necessary to take his testimony or deposition, nor be confined in any room where criminals are imprisoned.

Section 13. Until otherwise provided by law, no person shall for a felony, proceeded against criminally, otherwise than indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in the time of war or public danger.

Section 14. All persons shall be dialable by sufficient sureties, except for capital offences when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishment be inflicted.

Section 15. The penal code shall be framed on the humane principles of reformation and prevention.

Section 16. No person arrested and confined in jail shall be treated with unnecessary rigor. The erection of safe and comfortable prisons, and the inspection of prisons, and the humane treatment of prisoners shall be provided for.

Section 17. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the safety may require it.

Section 18. 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 hold any office of trust or profit, or to serve as a witness or juror, because of his opinion in any matter of religious belief whatever; but the liberty of conscience hereby secured shall not be construed to excuse acts of licentiousness or justify practices inconsistent with the peace of the State.

Section 19. No money of the State shall ever be given or appropriated to any sectarian or religious society or institution.

Section 20. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right; and in all trials for the libel, both civil and criminal, the truth, when published with good intent and justifiable ends, shall be sufficient defense, the jury having the right to determine the facts and the law, under direction of the Court.

Section 21. The right of petition and of the people peaceably to assemble to consult for common good, and to make known their opinions, shall never be denied or abridged.

Section 22. The rights of labor shall have just protection through laws calculated to secure to the laborer proper rewards for his service and to promote the industrial welfare of the State.

Section 23. The right of the citizens to opportunities for education should have practical recognition. The Legislature shall suitably encourage means and agencies calculated to advance the sciences and the liberal arts.

Section 24. The right of citizens to bear arms in defense of themselves and the State shall not be denied.

Section 25. The military shall ever be in strict subordination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner nor in time of war except in the manner prescribed by law.

Section 26. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No power shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court; no shall any person be attained of treason by legislature.

Section 27. Election shall be open, free and equal, and no person, civil or military, shall at any time interfere to prevent an untrammelled exercise of the rights of suffrage.

Section 28. No tax shall be imposed without the consent of the people or their authorized representatives. All taxation shall be equal and uniform.

Section 29. No distinction shall ever be made by law between resident aliens and citizens as to the possession, taxation, enjoyment or descent of property.

Section 30. Perpetuities and monopolies are contrary to the genius of a free state and shall now be allowed. Corporation being creatures of the state, endowed for the public good with a portion of its sovereign powers, must be subject to its control.

Section 31. Water being essential to industrial prosperity, of limited amount, and easy of diversion from its natural channels, its control must be in the State, which, in providing for its use, shall equally guard all various interests involved.

Section 32. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and for reservoirs, drains, flumes, or ditches on or across the lands of another agricultural, mining, milling, domestic or sanitary purposes, or in any case without due compensation.

Section 33. Private property shall not be taken or damaged for public or private use without just compensation.

Section 34. All laws of a general nature shall have a uniform operation.

Section 35. No ex post fact law, nor any law impairing the obligation of contracts shall ever be made.

Section 36. The enumeration of this Constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

Section 37. The State of Wyoming is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land.

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