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the time of her marriage, and also that acquired by her after marriage, by gift, devise, descent, or otherwise than from her husband, shall be her separate property. Laws shall be passed providing for the registry of the wife's property and more clearly defining the rights of the wife thereto, as well as to property held by her with her husband, and for carrying out the provisions of this section. Where the wife has a separate property from that of the husband the same shall be liable for the debts of the wife contracted before marriage.
Sec. 2. Forty acres of land, to be selected by the owner thereof, or the homestead of a family not exceeding forty, acres, which said land or home-stead shall not be included within any city or village and shall not exceed in value one thousand dollars, or instead thereof (at the option of the owner) any lot or lots in any city or village, being the homestead of a family and not exceeding in value one thousand dollars, owned and occupied by any real- dent of this state, shall not be subject to forced sale on execution for any debt or debts growing out of or founded upon contract, either express or im-plied, made after the adoption of this constitution: Provided, That such exemption shall not affect in any manner any mechanic's or laborer's lien or any mortgage thereon lawfully obtained, nor shall the owner, if a married man, be at liberty to alienate such real estate unless by consent of the wife.
ARTICLE XV
ON EMINENT DOMAIN AND PROPERTY OF THE STATE
Section 1. The state shall have concurrent jurisdiction on the river Mississippi and on every other river and lake bordering on the said state so far as the said river or lake shall form a common boundary to the said state, and any other state or states, territory or territories now or hereafter to be formed and bounded by the same; and the said river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence and the carrying places between the same shall be common highways and forever free as well to the inhabitants of this state as to the citizens of the United States without any tax, impost, or duty therefor. No law shall be passed to take away or abridge the rights of owners to the riparian soil or land under water, unless in the same law provision is made for full compensation to such riparian owners.
Sec. 2. All lands and other property which have accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise shall vest in the state of Wisconsin.
Sec. 3. The people of this state in their right of sovereignty are declared to possess the ultimate property in and to all lands within the jurisdiction of this state; and all lands, the title to which shall fail from a defect of heirs, shall revert, or escheat to the people.
Object Description
| Page Title | Rejected Constitution of the State of Wisconsin, 1846 |
| Author | Wisconsin. Constitutional Convention (1846) |
| Source Creation Date | 1846 |
| Language | English |
| Digital Format | XML |
| Electronic Publisher | Wisconsin Historical Society |
| Rights | We believe that online reproduction of this material is permitted because its copyright protection has lapsed or because sharing it here for non-profit educational purposes complies with the Fair Use provisions of the U.S. Copyright Law. Teachers and students are generally free to reproduce pages for nonprofit classroom use. For advice about other uses, or if you believe that you possess copyright to some of this material, please contact us at asklibrary@wisconsinhistory.org. |
| Electronic Publication Date | 2005 |
| Digital Identifier | TP054000 |
| Description | After months of debate, the 1846 constitutional convention produced this document. It was controversial from the start and provoked widespread debate and condemnation, chiefly for provisions that would have given women the right to own property, African-Americans and immigrants the right to vote, and for another that would have prohibited privately owned banks. After it was rejected by voters (all of them white males, by definition, and including a strong pro-banking constituency in the lakeshore counties of eastern Wisconsin), a second constitutional convention was called in 1847. This produced a new, less controversial, draft that was finally ratified by voters and led to Wisconsin's admittance as a state in 1848; it is linked elsewhere on the Turning Points site. We present here the manuscript of the first, rejected state constitution of 1846. Click "Page & Text" to see a typed version of any page. |
| Owner | Wisconsin Historical Society Archives |
| Format | Text |
| Recommended Citation | Wisconsin. Constitutional Convention (1846). Rejected Constitution of the State of Wisconsin, 1846. Original manuscript in the Wisconsin Historical Society Archives (Series 182); online facsimile at http://www.wisconsinhistory.org/turningpoints/search.asp?id=54 |
| Document Number | TP054 |
| Size | 29 p. ; 42 cm. x 27 cm. |
| URL | http://www.wisconsinhistory.org/turningpoints/search.asp?id=54 |
| Owner Collection | Main Stacks |
| Owner Object ID | Series 182; WIHV182-A |
| Genre | legal document |
| State/Province | Wisconsin |
| Gender | female; male |
| Race and Ethnicity | African Americans |
| Sub-Topic | The State Constitutions of 1846 and 1848 |
| Event Date | 1846 |
| Event Years | 1846 |
| Economics | Banks and banking; Finance; Property |
| Education | Schools |
| Occupations | Judges; Legislators; Lawyers |
| Politics | Civil rights; Elections; Women--Suffrage; |
| Social Relations | Slavery; Race relations |
| Type | Text |
Description
| Page Title | Page 18 |
| Source Creation Date | 1846 |
| Language | English |
| Digital Format | JPG |
| Electronic Publisher | Wisconsin Historical Society |
| Rights | We believe that online reproduction of this material is permitted because its copyright protection has lapsed or because sharing it here for non-profit educational purposes complies with the Fair Use provisions of the U.S. Copyright Law. Teachers and students are generally free to reproduce pages for nonprofit classroom use. For advice about other uses, or if you believe that you possess copyright to some of this material, please contact us at asklibrary@wisconsinhistory.org. |
| Electronic Publication Date | 2005 |
| Digital Identifier | TP054018 |
| Owner | Wisconsin Historical Society Archives |
| Format | Text |
| Size | 29 p. ; 42 cm. x 27 cm. |
| Owner Collection | Main Stacks |
| Owner Object ID | Series 182 |
| Full Text | the time of her marriage, and also that acquired by her after marriage, by gift, devise, descent, or otherwise than from her husband, shall be her separate property. Laws shall be passed providing for the registry of the wife's property and more clearly defining the rights of the wife thereto, as well as to property held by her with her husband, and for carrying out the provisions of this section. Where the wife has a separate property from that of the husband the same shall be liable for the debts of the wife contracted before marriage. Sec. 2. Forty acres of land, to be selected by the owner thereof, or the homestead of a family not exceeding forty, acres, which said land or home-stead shall not be included within any city or village and shall not exceed in value one thousand dollars, or instead thereof (at the option of the owner) any lot or lots in any city or village, being the homestead of a family and not exceeding in value one thousand dollars, owned and occupied by any real- dent of this state, shall not be subject to forced sale on execution for any debt or debts growing out of or founded upon contract, either express or im-plied, made after the adoption of this constitution: Provided, That such exemption shall not affect in any manner any mechanic's or laborer's lien or any mortgage thereon lawfully obtained, nor shall the owner, if a married man, be at liberty to alienate such real estate unless by consent of the wife. ARTICLE XV ON EMINENT DOMAIN AND PROPERTY OF THE STATE Section 1. The state shall have concurrent jurisdiction on the river Mississippi and on every other river and lake bordering on the said state so far as the said river or lake shall form a common boundary to the said state, and any other state or states, territory or territories now or hereafter to be formed and bounded by the same; and the said river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence and the carrying places between the same shall be common highways and forever free as well to the inhabitants of this state as to the citizens of the United States without any tax, impost, or duty therefor. No law shall be passed to take away or abridge the rights of owners to the riparian soil or land under water, unless in the same law provision is made for full compensation to such riparian owners. Sec. 2. All lands and other property which have accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise shall vest in the state of Wisconsin. Sec. 3. The people of this state in their right of sovereignty are declared to possess the ultimate property in and to all lands within the jurisdiction of this state; and all lands, the title to which shall fail from a defect of heirs, shall revert, or escheat to the people. |
| Event Date | 1846 |
| Event Years | 1846 |
| Type | Text |