certified, transmitted, and declared, in the same manner, as near as may be, agreeably to the provisions of an act entitled "An act to provide for the election of a delegate in the Congress of the United States," approved April 12, 1827; and whenever any person shall present his vote or ballot at such election for delegates, if he shall be challenged by either of the inspectors, or by any elector, said inspectors shall cause to be read to such person so much of the second section of this act as relates to the qualifications of voters, and shall then tender and administer to him the following oath : "I, A B, do solemnly swear (or affirm) that I am duly qualified to vote at this election according to law;" and thereupon the said inspectors shall receive the vote of the person so taking the oath or affirmation as aforesaid; and in case such person shall refuse to take such oath or affirmation, he shall not be permitted to vote at said election.

SECTION 4. That it shall not be lawful for any officer or minister of justice to serve any civil process on any person entitled to vote at said election on the day preceding the said election, on the day of election, nor on the day immediately succeeding the same.

SECTION 5. The delegates elected as aforesaid shall meet at the capitol, in the city of Detroit, on the second Monday of May next; and they, or a majority of them, are authorized to adjourn the said convention to any other place within the said Territory for the transaction of business.

Approved: January 26, 1835.

TERRITORY of MICHIGAN, S8.

MORGAN L. MARTIN, President of the Legislative Council.

STEVENS T. MASON.

I, John S. Horner, Secretary, and at present Acting Governor in and over the Territory of Michigan, do hereby certify that the foregoing is a true copy of an act entitled "An act to enable the people of Michigan to form a constitution and State Government," on file in the office of the Secretary of said Territory.

In witness whereof; I have hereunto set my hand, and caused [L. S.] the great seal of said Territory to be affixed, at Detroit, this 21st day of November, A. D. 1835, and of our independence the 60th. JOHN S. HORNER, Secretary and Acting Governor in and over Michigan Territory.

AN ACT to amend an act to enable the people of Michigan to form a Constitution and State Government.

SECTION 1. Be it enacted by the Legislative Council of the Territory of Michigan, That whenever any person shall present himself to give his vote or ballot at at any such election, and either of the inspectors shall suspect, or any other person shall challenge, him to be unqualified for the purpose, the inspectors shall tender and administer to him the following oath: I do solemnly and sincerely swear and declare (or I do solemnly affirm and declare) that I am of the age of twenty-one years, according to my best knowledge and belief; that I have been for the last three months an inhabitant of this Territory, and now a resident of this district; and that I have not voted before in any part of this Territory at this election.

SECTION 2. That in the event that any of the citizens shall be ordered by the commander-in-chief into military service, it shall be competent for such persons to vote in any district where they may be on the day of election. MORGAN L. MARTIN, President of the Legislative Council.

Approved: March 27, 1835.

STEVENS T. MASON.

I, John S. Horner, Secretary and Acting Governor in and over the Territory of Michigan, do certify the foregoing to be a true copy of the original law on file in the office of the Secretary of the Territory.

In witness whereof, I have hereunto set my hand and the seal [L. s.] of said Territory, this 21st day of November, 1835.

JOHN S. HORNER, Secretary and Acting Governor of Michigan Territory.

A No. 4.

CONSTITUTION OF THE STATE OF MICHIGAN,

As adopted in convention, begun and held at the Capitol, in the city of Detroit, on Monday, the 11th day of May, A. D. 1835.

In convention, begun at the city of Detroit, on the second Monday of May, in the year one thousand eight hundred and thirty-fivè :

We, the people of the Territory of Michigan, as established by the act of Congress of the 11th of January, 1805, in conformity to the fifth article of the ordinance providing for the government of the Territory of the United States Northwest of the River Ohio, believing that the time has arrived when our present political condition ought to cease, and the right of self-government be asserted, and availing ourselves of that provision of the aforesaid ordinance of the Congress of the United States of the 13th day of July, 1787, and the acts of Congress passed in accordance therewith, which entitle us to admission into the Union, upon a condition which has been fulfilled, do, by our delegates in convention assembled, mutually agree to form ourselves into a free and independent State, by the style and title of "The State of Michigan," and do ordain and establish the following constitution for the government of the same :

ARTICLE I.

1. All political power is inherent in the people.

2. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government, and establish another, whenever the public good requires it.

3. No man or set of men are entitled to exclusive or separate privileges. 4. Every person has a right to worship Almighty God, according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship,

or pay any tithes, taxes, or other rates, for the support of any minister of the gospel or teacher of religion.

5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries.

6. The civil and political rights, privileges, and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion.

7. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.

8. The person, houses, papers, and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirma

tion.

9. The right of trial by jury shall remain inviolate.

10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vicinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defence; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.

11. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger.

12. No person for the same offence shall be twice put in jeopardy of punishment; all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

13. Every person has a right to bear arms for the defence of himself and the State.

14. The military shall, in all cases and at all times, be in strict subordination to the civil power.

15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.

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

17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed.

18. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted.

19. The property of no person shall be taken for public use, without just compensation therefor.

20. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances.

21. All acts of the Legislature, contrary to this or any other article of this constitution, shall be void.

ARTICLE II.

Electors.

1. In all elections, every white male citizen above the age of twenty-one years, having resided in the State six months next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of this State at the time of the signing of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district, county, or township in which he shall actually reside at the time of such election.

2. All votes shall be given by ballot, except for such township officers as may, by law, be directed to be otherwise chosen.

3. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

4. No elector shall be obliged to do militia duty on the days of election, except in time of war or public danger.

5. No person shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State.

6. No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any military or naval place within the same.

ARTICLE III.

Division of the powers of Government.

1. The powers of the Government shall be divided into three distinct departments the legislative, the executive, and the judicial; and one department shall never exercise the powers of another, except in such cases as are expressly provided for in this constitution.

ARTICLE IV.

Legislative Department.

1. The legislative power shall be vested in a Senate and House of Representatives.

2. The number of the members of the House of Representatives shall never be less than forty-eight, nor more than one hundred; and the Senate shall, at all times, equal in number one-third of the House of Representatives, as nearly as may be.

3. The Legislature shall provide by law for an enumeration of the inhabitants of this State in the years eighteen hundred and thirty-seven, and eighteen hundred and forty-five, and every ten years after the said last mentioned time; and at their first session after each enumeration so made. as aforesaid, and also after each enumeration made by the authority of the United States, the Legislature shall apportion anew the Representatives and Senators among the several counties and districts, according to the number of white inhabitants.

4. The Representatives shall be chosen annually on the first Monday of November, and on the following day, by the electors of the several counties or districts into which the State shall be divided for that purpose. Each organized county shall be entitled to at least one Representative; but no county hereafter organized shall be entitled to a separate Representative, until it shall have attained a population equal to the ratio of representation hereafter established.

5. The Senators shall be chosen for two years, at the same time and in the same manner as the Representatives are required to be chosen. At the first session of the Legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof, as nearly as may be, shall be chosen annually thereafter.

6. The State shall be divided, at each new apportionment, into a number of not less than four, nor more than eight senatorial districts, to be always composed of contiguous territory, so that each district shall elect an equal number of Senators annually, as nearly as may be; and no county shall be divided in the formation of such districts.

7. Senators and Representatives shall be citizens of the United States, and be qualified electors in the respective counties and districts which they represent; and a removal from their respective counties or districts shall be deemed a vacation of their seats.

8. No person holding any office under the United States or of this State, (officers of the militia, justices of the peace, associate judges of the circuit and county courts, and postmasters excepted,) shall be eligible to either House of the Legislature.

9. Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, nor shall they be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.

10. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide. Each House shall choose its own officers.

11. Each House shall determine the rules of its proceedings, and judge of the qualifications, elections, and returns of its own members, and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election.

12. Each House shall keep a journal of its proceedings, and publish the