the change of territorial to a permanent state government, 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 the territory, or to any other officer or court, in his or their official capacity, shall pass over to the governor, or state authority, and 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 may have arisen, or which may arise, before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or may be pending in any of the courts of record in the territory of Arkansas, may be commenced in or transferred to any court of record of the state, which shall have jurisdiction of the subject-matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court having chancery jurisdiction.

5. All officers, civil and military, now holding commissions under authority of the United States, or of the territory of Arkansas, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the state.

6. The first session of the general assembly of the state of Arkansas shall be held at the city of Little Rock, which shall be and remain the seat of government, until otherwise provided for by law.

7. Elections shall be held at the several precincts, on the first Monday of August next, for a governor; also one representative to the congress of the United States; also for senators and representatives to the next general assembly, clerks of the circuit and county courts, sheriffs, coroners, county surveyors and treasurers, justices of the peace, and constables.

8. The next general assembly shall be holden on the second Monday of September next.

9. The election shall be conducted according to the existing laws of the territory of Arkansas; and the returns of all township elections held in pursuance thereof, shall be made to the clerks of the proper counties, within five days after the day of election. The clerks of the circuit courts of the several counties shall immediately thereafter certify the returns of the election of governor, and transmit the same to the speaker of the house of representatives, at the seat of government, in such time that they may be received on the second Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives and the president of the senate shall, in the Presence of both houses, examine the returns, and declare who is duly eleted to fill that office; and, if any two or more persons shall have an equa number of votes, and a higher number than any other person, the genera assembly shall determine the election by a joint vote of both houses. And the returns of the election for member to congress shall be made to the secretary of state, within thirty days after the day of election.

10. The saths of office may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

Done by the representatives of the people of Arkansas, in convention assembled, at the city of Little Rock, on the 30th day of January, in the year of our Lord 1836 and of the independence of the United States the 60th year.

AMENDMENTS

TO THE CONSTITUTION OF MARYLAND, ADOPTED MARCH 10, 1837.

§ 1. THE term of office of the members of the present senate shall end and be determined whenever, and as soon as a new senate shall be elected as hereinafter provided, and a quorum of its members shall have qualified as directed by the constitution and laws of this state.

2. At the December session of the general assembly for the year of our Lord, eighteen hundred and thirty-eight, and forever thereafter, the senate shall be composed of twenty-one members, to be chosen as hereinafter provided, a majority of whom shall be a quorum for the transaction of business.

3. At the time and place of holding elections in the several counties of this state, and in the city of Baltimore, for delegates to the general assembly for the December session of the year eighteen hundred and thirty-eight, and under the direction of the same judges by whom such elections for delegates shall be held, an election shall also be held in each of the several counties of this state and in the city of Baltimore respectively, for the purpose of choosing a senator of the state of Maryland for and from such county or said city, as the case may be, whose term of office shall commence on the d day fixed by law for the commencement of the regular session of the general assembly, next succeeding such election, and continue for two, four, or six years, according to the classification of a quorum of its members; and at every such election for senators, every person qualified to vote at the place at which he shall offer to vote for delegates to the general assembly, shall be entitled to vote for one person as senator; and of the persons voted for as senator in each of the several counties and in said city, respectively, the person having the highest number of legal votes, and possessing the qualifications hereinafter mentioned, shall be declared and returned as duly elected for said county or said city, as the case may be; and in casc two persons possessing the required qualifications shall be found on the final casting of the votes given, in any one of said counties or said city, to have an equal number of votes, there shall be a new election ordered as hereinafter mentioned; and immediately after the senate shall have convened in pursuance of their election under this act, the senators shall be divided in such manner as the senate shall prescribe, into three classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third thereof may be elected on the first Wednesday of October in every second year and elections shall be held in the several counties and city, from which the retiring senators came, to supply the vacancies as they may occur in consequence of this classifi.

4. Such election for senators shall be conducted, and the returns thereof be made, with proper variations in the certificate to suit the case, in like manner as in cases of elections for delegates.

5. The qualifications necessary in a senator shall be the same as are required in a delegate to the general assembly, with the additional quali fication that he shall be above the age of twenty-five years, and shall have resided at least three years, next preceding his election, in the county or city in and for which he shall be chosen.

6. In case any person who shall have been chosen as a senator, shall refuse to act, remove from the county or city, as the case may be, for which he shall have been elected, die, resign, or be removed for cause, or in case of a tie between two or more qualified persons in any one of the counties or in the city of Baltimore, a warrant of election shall be issued by the president of the senate for the time being, for the election of a senátor to supply the vacancy, of which ten days notice at the least, excluding the day of notice and the day of election, shall be given. 7. So much of the thirty-seventh article of the constitution as provides that no senator or delegate to the general assembly, if he shall qualify as such, shall hold or execute any office of profit during the time for which he shall be elected, shall be and the same is hereby repealed.

8. No senator or delegate to the general assembly shall, during the time for which he was elected, be appointed to any civil office under the constitution and laws of this state, which shall have been created, or the emoluments whereof shall have been increased during such time; and no senator or delegate, during the time he shall continue to act as such, shall be eligible to any civil office whatever.

9. At the election for delegates to the general assembly, for the December session of the year of our Lord eighteen hundred and thirtyeight, and at each succeeding election for delegates, until after the next census shall have been taken and officially promulged, five delegates shall be elected in and for Baltimore city, and one delegate in and for the city of Annapolis, until the promulging of the census for the year eighteen hundred and forty, when the city of Annapolis shall be deemed and taken as a part of Anne Arundel county, and her right to a separate delegation shall cease; five delegates in and for Baltimore county; five delegates in and for Frederick county, and four delegates in and for Anne Arundel county, and four delegates in and for each of the several counties respectively, hereinafter mentioned, to wit: Dorchester, Somerset, Worcester, Prince George's, Harford, Montgomery, Carrol, and Washington; and three delegates in and for each of the several countes respectively, hereinafter next mentioned, to wit: Cecil, Kent, Queen Anne's, Caroline, Talbot, Saint Mary's, Charles, Calvert, and Allegany.

10. From and after the period when the next census shall have been taken and officially promulged, and from and after the official promulgation of every second census thereafter, the representation in the house of delegates from the several counties and from the city of Baltimore, shall be graduated and established on the following basis; that is to say, every county which shall have by the said census a population of less than fifteen thousand souls, federal numbers, shall be entitled to elect three delegates; every county having a population by the said census of fifteen thousand souls, and less than twenty-five thousand souls, fede

ral numbers, shall be entitled to elect four delegates; and every county having by the said census a population of twenty-five thousand, and less than thirty-five thousand souls, federal numbers, shall be entitled to elect five delegates; and every county having a population of upwards of thirty-five thousand souls, federal numbers, shall be entitled to elect six delegates; and the city of Baltimore shall be entitled to elect as many delegates as the county which shall have the largest representation, on the basis aforesaid, may be entitled to elect; provided, and it is hereby enacted, that if any of the several counties herein before mentioned, shall not, after the said census for the year eighteen hundred and forty shall have been taken, be entitled by the graduation on the basis aforesaid to a representation in the house of delegates equal to that allowed to such county by the ninth section of this act, at the election of delegates for the December session of the year eighteen hundred and thirtyeight, such county shall, nevertheless, after said census for the year eighteen hundred and forty, or any future census, and forever thereafter, be entitled to elect the number of delegates allowed by the provisions of said section for the said session, but nothing in the proviso contained, shall be construed to include in the representation of Anne Arundel county, the delegate allowed to the city of Annapolis in the said ninth section of this act.

11. In all elections for senators, to be held after the election for delegates, for the December session eighteen hundred and thirty-seven, the city of Annapolis shall be deemed and taken as part of Anne Arundel county.

12. The general assembly shall have power from time to time to regulate all matters relating to the judges, time, place, and manner of holding elections for senators and delegates, and of making returns thereof, and to divide the several counties into election districts, for the more convenient holding of elections, not affecting their terms or tenure of office.

13. So much of the constitution and form of government as relates to the council to the governor, and to the clerk of the council, be abrogated, abolished, and annulled, and that the whole executive power of the government of this state shall be vested exclusively in the governor, subject nevertheless to the checks, limitations, and provisions, hereinafter specified and mentioned.

14. The governor shall nominate, and by and with the advice and consent of the senate, shall appoint all officers of the state whose offices are or may be created by law, and whose appointment shall not be otherwise provided for by the constitution and form of government, or by any laws consistent with the constitution and form of government; provided, that this act shall not be deemed or construed to impair in any manner the validity of the commissions of such persons as shall be in office under previous executive appointment, when this act shall go into operation, or alter, abridge, or change, the tenure, quality, or duration of the same, or of any of them.

15. The governor shall have power to fill any vacancy that may occur in any such offices during the recess of the senate, by granting commissions which shall expire upon the appointment of the same person, or any other person, by and with the advice and consent of the senate, to the same office, or at the expiration of one calendar month, ensuing

the commencement of the next regular session of the senate, whichever shall first occur.

16. The same person shall in no case be nominated by the governor a second time during the same session, for the same office, in case he shall have been rejected by the senate, unless after such rejection, the senate shall inform the governor by message of their willingness to receive again the nomination of such rejected person, for further consider. ation, and in case any person nominated by the governor for any office, shall have been rejected by the senate, it shall not be lawful for the governor at any time afterwards, during the recess of the senate, in case of vacancy in the same office, to appoint such rejected person to fill said vacancy.

17. It shall be the duty of the governor, within the period of one calendar month next after this act shall go into operation, and in the same session in which the same shall be confirmed, if it be confirmed, and annually thereafter during the regular session of the senate, and on such particular day, if any, or within such particular period as may be prescribed by law, to nominate, and by and with the advice and consent of the senate, to appoint a secretary of state, who shall hold his office until a successor shall be appointed, and who shall discharge such duties, and receive such compensation, as shall be prescribed by law.

18. In case a vacancy shall occur in the office of governor at any time after this act shall go into operation, the general assembly, if in session, or if in the recess, at their next session, shall proceed to elect by joint ballot of the two houses, some person, being a qualified resident of the gubernatorial district from which the governor for said term is to be taken, to be governor for the residue of said term in place of the person originally chosen; and in every case of vacancy until the elec tion and qualification of the person succeeding, the secretary of state, by virtue of his said office, shall be clothed, ad interim, with the executive powers of government; and in case there shall be no secretary of state, or in case he shall refuse to act, remove from the state, die, resign, or be removed for causc, the person filling the office of president of the senate shall, by virtue of his said office, be clothed, ad interim, with the executive powers of government; and in case there shall be no president of the senate, or in case he shall refuse to act, remove from the state, die, resign, or be removed for cause, the person filling the office of speaker of the house of delegates shall, by virtue of his said office, be clothed, ad interim, with the executive powers of government.

19. The term of office of the governor, who shall be chosen on the first Monday of January next, shall continue for the term of one year, and until the election and qualification of a successor, to be chosen as hereinafter mentioned.

20. At the time and places of holding the elections in the several counties of this state, and in the city of Baltimore, for delegates to the general assembly for the December session of the year eighteen hundred and thirty-eight, and before the same judges by whom the election for delegates shall be held, and in every third year forever thereafter, an clection shall also be held for a governor of this state, whose term of office shall commence on the first Monday of January next ensuing the day of such election, and continue for three years, and until the elec tion and qualification of a successor; at which said election every per son qualified to vote for delegates to the general assembly, at the place