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river Des Moines, to the mouth of the same where it empties into the Mississippi river; thence due east to the middle of the main channel of the Mississippi river; thence down and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning.”

Sec. II. The general assembly shall have power to appoint commissioners, to act in conjunction with commissioners from any other state, adjust the eastern boundary of the state, and to determine what islands in the Mississippi river are within the limits of the state of Missouri.

Sec. III. The general assembly have power, with the consent of the United States, to acquire additional territory, and to ex. tend the boundary of this state so as to include such additional territory as may hereafter be acquired by the state.

Sec. IV. All that territory of the state of Missouri which is bounded on the east by the middle of the main channel of the Mississippi river, on the north by the line that separates townships forty-four and forty-five, on the west by a meridian line running through the middle of range six east, and on the south by the line that separates townships forty-three and forty-four north, is hereby ceded to the government of the United States, for the purpose of locating and keeping thereon the seat of government of the United States, in conformity to the sixteenth clause of the eighth section of the first article of the constitution of the United States. This section shall not take effect until the Congress of the United States shall have assented to the same, and provided for the removal of the seat of government of the United States to the district hereby ceded to the United States.

ARTICLE II.

Of the Distribution of Powers. The powers of government shall be divided into three distinct departments, each of which shall be confined to a separate magis. tracy; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III.

Of the Legislative Power. Sec. I. The legislative power shall be vested in a “general assembly," which shall consist of a senate and house of representatives.

Sec. II. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties, apportioned in the following manner, to-wit: The ratio of representation shall be ascertained at each apportioning session of the legislature, by dividing the whole number of permanent free white inhabitants of the state by the number one hundred. Each county having three-fifths of said ratio shall be entitled to one representative; each county having said ratio and a fraction over, equal to two-thirds, shall be entitled to two representatives; each county

each county having twice said ratio, and a fraction over, equal to two-thirds, shall be entitled to three representatives ; each county having four times said ratio shall be entitled to four representatives; and so on above that number, giving one additional member for each additional ratio. And when any county, entitled to more than two representatives, shall have a town or city therein, with the full amount of said ratio, such town or city shall be entitled to a separate representation from the county : provided the residue of the county shall amount to the ratio : and in such case, a town or city shall be divided into as many separate districts as the number of members apportioned to such town or city, containing as near as may be an equal number of permanent free white inhabitants, which division shall be made by the tribunal transacting county business in the county, as soon after each apportionment as is practicable, and shall not be changed until after the succeeding apportionment; each of which districts shall elect one representative: provided, however, that when any county having less than three-fifths of said ratio, shall not be contiguous to any other county with less than three-fifths thereof, such county shall nevertheless be entitled to one representative; and in all other cases of small counties having less than three-fifths, they shall be formed into districts, containing

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two-thirds of said ratio, and shall be entitled to one member for the same.

Sec. III. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years, who shall not be a free white male citizen of the United States, who shall not have been an inhabitant of this state two years, and of the county or district which he represents one year next before his election, if such county or district shall have been so long established; but if not, then of the county or counties, district or districts, from which the same shall have been taken, and who shall not moreover have paid a state or county tax, within one year next preceding his election.

Sec. IV. The general assembly, at their first session after the adoption of this constitution, shall cause an enumeration of the permanent free white inhabitants of this state to be made, and at the first session after the enumeration shall apportion the number of representatives among the several counties as directed by the second section of this article. And every fourth year there. after they shall cause a like enumeration to be made, and shall apportion the representatives among the several counties according to the same section, except that two-thirds of the ratio shall be required, instead of three-fifths, to entitle a county to one member.

Sec. V. The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years, who shall not be a free white male citizen of the United States, who shall not have been an inhabitant of this state four years next preceding his élection, and of the district which he may be chosen to repre. sent one year next before his election, if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken, and who shall not moreover have paid a state or county tax within one year next preceding his election.

Sec. VI. The senate shall consist of not less than twenty-five nor more than thirty-three members, for the election of whom the state shall be divided into convenient districts, which may be altered from time to time, and new districts established as public

convenience may require, and the senators shall be apportioned among the several districts according to the number of permanent free white inhabitants in each : provided, that when a senatorial district shall be composed of two or more counties, the counties of which such district consists, shall not be entirely separated by any county belonging to another district, nor shall said district, so composed of two or more counties, be entitled to more than one senator; and no county shall be divided in forming such a district, except a county whose population shall entitle it to two or more senators, in which case said county shall be divided by the tribunal transacting county business as soon after each apportionment as is practicable, into as many districts as it may be entitled to senators, which districts shall not be changed until after the succeeding apportionment, each of which districts shall contain as near as may be an equal number of permanent free white inhabitants, and elect one senator ; and any person other

; wise qualified who has lived in such senatorial district one month shall be entitled to vote in the same, and until he shall acquire the right to vote in such district, he shall be entitled to vote in the district from which he removed.

Sec. VII. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year, so that one half of the senators shall be chosen every second year.

Sec. VIII. After the first day of January one thousand eight hundred and forty-eight, all general elections shall commence on the first Monday in August, and shall be held biennially, and the electors in all cases except of treason, felony or breach of peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

Sec. IX. The governor shall issue writs of election to fill such vacancies as may occur in either house of the general assembly.

Sec. X. Every free white male, citizen of the United States, who may have attained the age of twenty-one years, and who shall have resided in this state one year before an election, the last three months whereof shall have been in the county or dis

No person

trict in which he offers to vote, shall be deemed a qualified elector of all elective officers; where a county shall be districted, any person who is otherwise qualified and shall have resided in a representative district for one month, shall have a right to vote in such district; and until he acquires a right to vote in the district to which he has removed, he shall have the right to vote in the district from which he removed : provided, that no soldier, seaman, or mariner, in the regular army or navy of the United States, shall be entitled to vote at any election in this state. who has been convicted of any felonious or infamous crime in any foreign country, or any state of this Union, or who has become a fugitive from justice from such country or state, on account of the commission of such crime, shall be permitted to vote in this state. This disqualification shall not extend to any offence of a political nature, nor to any offence which would not be considered felonious or infamous in this state.

Sec. XI. No judge of any court of law or equity, secretary of state, attorney-general, state auditor, state or county treasurer, register or recorder, clerk of any court of record, sheriff, coroner, member of Congress, or other person holding any lucrative office under the United States or of this state, militia officers, justices of the peace and postmasters excepted, shall be eligible to either house of the general assembly.

Sec. XII. No person who now is, or hereafter may be, a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the general assembly, nor to any office of profit or trust, unless he shall, prior to his election or appointment, have accounted for and paid all sums for which he may be accountable.

Sec. XIII. No person while he continues to exercise the functions of a bishop, priest, or clergyman or teacher of any religious persuasion, denomination, society, or sect whatever, shall be eligible to the office of governor, lieutenant-governor, or to either house of the general assembly, nor to the office of judge in any, court of record.

Sec. XIV. The general assembly shall have power to exclude from

every office of honor, trust or profit, within this state, and

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