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nals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen ; and shall be published for three months previous to the time of making such choice. And if in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two-thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the legislature shall prescribe ; aud if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment or 'amendments shall become part of the constitution.
2. And if at any time two-thirds of the senate and house of representatives shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against a convention ; and if it shall appear that a majority of the electors voting at such election have voted in favour of calling a convention, the legislature shall at its next session provide by law for calling a convention to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature.
$1. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, contracts, claims, and rights, of individuals and of bodies corporate, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this constitution, be issued under the authority of the territory of Michigan, shall be as valid as if issued in the name of the state.
2. All laws now in force in the territory of Michigan, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the legislature.
3. All fines, penalties, forfeitures, and escheats, accruing to the territory of Michigan, shall accrue to the use of the state.
4. All recognisances heretofore taken, or which may be taken before the organization of the judicial department under this constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of, the state. And all bonds executed to the governor of this territory, or to any other officer in his official capacity, shall pass over to the governor or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or which may arise before the organization of the judicial department under this constitution, and which shall then be depending, may be prosecuted to judgment and execution in the name of the state.
5. All officers, civil and military, now holding their offices and appointments in this territory under the authority of the United States, or under the authority of this territory, shall continue to hold and exercise
their respective offices and appointments until superseded under this constitution.
6. The first election for governor, lieutenant-governor, members of the state legislature, and a representative in the congress of the United States, shall be held on the first Monday in October next, and on the succeeding day. And the president of the convention shall issue writs to the sheriffs of the several counties or districts, or in case of vacancy, to the coroners, requiring them to cause such election to be held on the days aforesaid, in their respective counties or districts. The election shall be conducted in the manner prescribed, and by the township officers desig. nated as inspectors of elections, and the returns made as required, by the existing laws of the territory, or by this constitution : Provided, however, that the returns of the several townships in the district composed of the unorganized counties of Ottawa, Ionia, Kent, and Clinton, shall be made to the clerk of the township of Kent in said district, and the said township clerk shall perform the same duties, as, by the existing laws of the territory, devolve upon the clerks of the several counties in similar cases,
7. The first meeting of the legislature shall be at the city of Detroit, on the first Monday in November next, with power to adjourn to any other place.
8. All county and township officers shall continue to hold their respective offices, unless removed by the competent authority, until the legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices respectively.
9. This constitution shall be submitted, at the election to be held on the first Monday in October next, and on the succeeding day, for ratification or rejection, to the electors qualified by this constitution to vote at all elections; and if the same be ratified by the said electors, the same shall become the constitution of the state of Michigan. At the election aforesaid, on such of the ballots as are for the said constitution, shall be written or printed the word “yes," and on those which are against the ratification of said constitution, the word “no.” And the returns of the votes on the question of ratification or rejection of said constitution, shall be made to the president of this convention at any time before the first Monday in November next, and a digest of the same communicated by him to the senate and house of representatives on that day.
10. And if this constitution shall be ratified by the people of Michigan, the president of this convention shall, immediately after the same shall be ascertained, cause a fair copy thereof, together with an authenticated copy of the act of the legislative council, entitled, “ An act to enable the people of Michigan to form a constitution and state government,” approved January 26, 1835, providing for the calling of this convention, and also a copy of so much of the last census of this territory as exhibits the number of the free inhabitants of that part thereof which is comprised within the limits in said constitution defined as the boundaries of the proposed state of Michigan, to be forwarded to the president of the United States, together with an expression of the decided opinion of this convention, that the number of the free inhabitants of said proposed state now exceeds the number requisite to constitute two congressional districts, and the respectful request of this convention, in behalf of the people of Michigan, that all said matters may be by him laid before the congress of the United States at their next session.
11. In case of the failure of the president of this convention to perform the duties prescribed by this constitution, by reason of his absence, death, or from any other cause, said duties shall be performed by the secretaries of this convention.
12. Until the first enumeration shall be made as directed by this constitution, the county of Wayne shall be entitled to eight representatives ; the county of Monroe to four representatives; the county of Washtenaw to seven representatives; the county of St. Clair to one representative ; the county of St. Joseph to two representatives; the county of Berrien to one representative; the county of Calhoun to one representative; the county of Jackson to one representative; the county of Cass to two representatives; the county of Oakland to six representatives; the county of Macomb to three representatives ; the county of Lenawee to four representatives; the county of Kalamazoo, and the unorganized counties of Allegan and Barry, to two representatives ; the county of Branch to one representative; the county of Hillsdale to one representative; the county of Lapeer to one representative; the county of Saginaw, and the unorganized counties of Genesee and Shiawasse, to one representative ; the county of Michilimackinac to one representative; the county of Chippewa to one representative; and the unorganized counties of Ottawa, Kent, Ionia, and Clinton, to one representative.
And for the election of senators the state shall be divided into five districts, and the apportionment shall be as follows: The county of Wayne shall compose the first district, and elect three senators; the counties of Monroe and Lenawee shall compose the second district, and elect three senators; the counties of Hillsdale, Branch, St. Joseph, Cass, Berrien, Kalamazoo, and Calhoun shall compose the third district, and elect three senators; the counties of Washtenaw and Jackson shall compose the fourth district, and elect three senators; and the counties of Oakland, Lapeer, Saginaw, Macomb, St. Clair, Michilimackinac, and Chippewa shall compose the fifth district, and elect four senators.
Any country attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation in the legislature.
JOHN BIDDLE, President.
Joshua B. Taylor,
James J. Godfroy,
John S. Axford,
Roswell B. Rexford,
Lewis T. Miller,
Isaac E. Crary,
Hezekiah G. Wells,
John S. Barry,
Martin G. Shellhouse,
Titus B. Willard,
ORDINANCE. Be it ordained by the convention assembled to form a constitution for the state of Michigan, in behalf, and by authority of the people of said state, that the following propositions be submitted to the congress of the United States, which, if assented to by that body, shall be obligatory on this state.
1st. Section numbered sixteen in every surveyed township of the public lands, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of schools.
20. The seventy-two sections of land set apart and reserved for the use and support of a university, by an act of congress approved on the twen. tieth day of May, eighteen hundred and twenty-six, entitled “ An act concerning a seminary of learning in the territory of Michigan,” shall, together with such further quantities as may be agreed upon by congress, be conveyed to the state, and shall be appropriated solely to the use and support of such university, in such manner as the legislature may prescribe.
3d. Four entire sections of land, to be selected under the direction of the legislature, froin any of the unappropriated lands belonging to the United States, shall be granted to the state for its use in establishing a seat of governinent.
4th. Seven hundred sections of the unappropriated public lands lying within this state, shall be designated, under the direction of the legislature, and granted to the state for the purposes of internal improvement, Said lands, or the proceeds of the sale thereof, shall be appropriated to aid the state in constructing one or more railroads or canals across the peninsula, from Lake Erie or Detroit River to Lake Michigan, and also to aid in the construction of such other roads and canals, and in the improvement of such rivers, as the legislature may designate. And five per cent. of the nett proceeds of the sale of all lands lying within the territory or state, which shall be sold by congress from and after the first day of January, eighteen hundred and thirty-six, after deducting all expenses incident to the same, shall also be appropriated, two-fifths thereof for the purposes before described in this proposition, and three-fifths for the encouragement of learning.
5th. All salt springs within the state, and the lands reserved for the use of the same, at least one section including each spring, shall be granted to the state, to be used or disposed of as the legislature may direct.
6th. The roads commenced in this state, for the construction of which appropriations have been made by congress, shall be completed and put in repair at the expense of the United States.
7th. The first senators and representative or representatives elected to congress from this state, are hereby authorized and empowered to make or assent to such other propositions, or to such variations of the propositions herein made, as the interests of the state may require; and any such changes or new propositions, when approved by the legislature, shall be as obligatory as if the assent of this convention were given thereto; and all stipulations entered into by the legislature in pursuance of the authority herein conferred, shall be considered articles of compact between the United States and this state; and the legislature is hereby further aathorized to declare, in behalf of the people of Michigan, if such declaration be proposed by congress, that they will never interfere with the primary disposal, under the authority of the United States, of the vacant lands within the limits of this state.
JOHN BIDDLE, President.
CHARLES W. Wuppes, } Secretaries.
CONSTITUTION OF ARKANSAS.
We, the people of the territory of Arkansas, by our representatives, in convention assembled, at Little Rock, on Monday, the 4th of January, A. D. 1836, and of the independence of the United States the sixtieth year, having the right of admission into the union as one of the United States of America, consistent with the federal constitution, and by virtue of the treaty of cession, by France to the United States, of the province of Louisiana, in order to secure to ourselves and our posterity the enjoy.