CONSTITUTION OF 1868




ARTICLE IX.

TAXATION.

Section 1. All taxes levied on property in this state, shall be assessed in exact proportion to the value of such property: Provided, however, That the General Assembly may levy a poll tax not to exceed one dollar and fifty cents on each poll, which shall be applied exclusively in aid of the public school fund.

Section 2. No power to levy taxes shall be delegated to individuals or private corporations.

ARTICLE X.

MILITIA.

Section 1. All able-bodied male inhabitants of this state, between the ages of eighteen years and forty-five years, who are citizens of the United States, or who have declared their intention to become citizens of the United States, shall be liable to military duty in the militia of this state; but all citizens of any denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be exempt therefrom upon such conditions as may be prescribed by law.

Section 2. The General Assembly shall provide for the organizing, arming, equipping and discipline of the militia, and for paying the same, when called into active service, in such manner as it shall deem expedient, not incompatible with the laws of the United States.

Section 3. Officers of the militia shall be elected or appointed and commissioned in such manner as may be provided by the General Assembly.

Section 4. The Governor shall be commander-in-chief of the army and navy of this state, and of the militia, except when called into the service of the United States, and shall have power to call forth the militia to execute the laws, to suppress riots, or insurrections, and to repel invasion.

Section 5. The Governor shall nominate, and by and with the consent of the Senate, appoint one Major-General and three Brigadier-Generals: the Adjutant General, and other staff-officers to the commander-in-chief, shall be appointed by the Governor, and their commissions shall expire with the Governor's term of service. No commissioned officer shall be removed from office except by the Senate, on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law.

Section 6. The militia may be divided into two classes, to be designated as "volunteer militia" and "reserve militia," in such manner as shall be provided by law.

Section 7. The militia shall, in all cases, except felony, treason, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

Section 8. The officers and men commissioned and organized, shall not be entitled to, or receive any pay, rations, or emoluments when not in active service.


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