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incorporation, unless with the assent of at least two-thirds of each house.

3. Internal improvements shall be encouraged by the government of this State; and it shall be the duty of the Legisla. ture, as soon as may be, to make provision by law for ascertaining the proper ob jects of improvement in relation to roads, canals and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, economical application of the funds which may be appropriated to these objects.

4. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws annually.

5. Divorces shall not be granted by the Legislature; but the Legislature may authorize the higher courts to grant them, under such restrictions as they may deem expedient.

6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets

be allowed.

7. No county now organized by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles.

8. The Governor, Secretary of State, Treasurer and Auditor General, shall keep their offices at the seat of Government.

9. The seat of government for this State shall be at Detroit, or at such other place or places as may be prescribed by law, until the year eighteen hundred and forty. seven, when it shall be permanently located by the Legislature.

10. The first Governor and Lieutenant Governor shall hold their offices until the first Monday of January, eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter they shall hold their offices for two years, and until their successors shall be elected and qualified.

11. When a vacancy shall happen, occasioned by the death, resignation or removal from office of any person holding office under this State, the successor thereto shall hold his office for the period which his predecessor had to serve, and no longer, unless again chosen or re-appointed.

ARTICLE XIII.

MODE OF AMENDING AND REVISING THE CON-
STITUTION.

البيت

this constitution may be proposed in the
1. Any amendment or amendments to
Senate or House of Representatives; and
if the same shall be agreed to by a majori
ty of the members elected to each of the
two houses, such proposed amendment or
journals, with the yeas and nays taken
amendments shall be entered on their
thereon, and referred to the Legislature
lished for three months previous to the
then next to be chosen; and shall be pub-
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; and 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 favor of calling a Convention, the Legislature shall at its next session provide by law for calling months after the passage of such law; and a Convention, to be holden within six such Convention shall consist of a number of members not less than that of both branches of the Legislature.

SCHEDULE.

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 judi

cial 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.

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

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.shall be at the city of Detroit, on the first 4. All recognizances heretofore taken, Monday in November next, with power to or which may be taken before the organi- adjourn to any other place. zation 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.

8. All county and township officers shall continue to hold their respective offices, unless removed by the competent authority, or until the Legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices respectively.

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 designated as inspectors of election, and the returns made as required by the existing laws of the territory, or by the

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 twenty-sixth, eighteen hundred and thirty-five, 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 free inhabitante

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.

of that part thereof which is comprised | counties of Monroe and Lenawee shall within the limits in said constitution defined compose the second district, and elect three 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 Conventinn, in behalf of the people of Michigan, that all said matters may be by him laid before the 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.

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.

AMENDMENTS.

[The following amendment to the constitution was proposed by the Legislature in 1838, referred to the Legislature of 1839, agreed to in 1839 by two-thirds of all the members elected to each house, submitted to the people and approved and ratified at an election held in November, 1839:]

AMENDMENT NO. I.

That so much of the first section of the second article of the Constitution as prescribes the place in which an elector may vote, and which is in these words, to wit: "district, county or township," be abolished, and that the following be substituted in the place thereof, to wit: "township or ward.

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 [The following amendment was procounty of Lapeer to one Representative; posed in 1842, and referred to the next Lethe county of Saginaw and the unorgan-gislature, submitted to the people by a the county of Saginaw and the unorgan-joint ized counties of Genesee and Shiawassee joint resolution, approved March 9, 1843, to one Representative; the county of Mich- and approved and ratified at the election in November, 1843:1 ilimackinac 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 comprise the first district, and elect three Senators; the

AMENDMENT NO. II.

That the constitution of this State be so amended, that every law authorizing the borrowing of money or the issuing of State stocks, whereby a debt shall be created on the credit of the State, shall specify the object for which the money shall be appropriated; and that every such law shall embrace no more than one such object, which

shall be simply and specifically stated; and that no such law shall take effect until it shall be submitted to the people at the next general election, and be approved by a majority of the votes cast for and against it at such election; that all money to be raised by the authority of such law be applied to the specific object stated in such law, and to no other purpose, except the payment of such debt thereby created. This provision shall not extend or apply to any law to raise money for defraying the actual expenses of the Legislature, the judicial and State officers, for suppressing insurrection, repelling invasion or defending the State in time of war. [See note.]

[The following amendment was proposed in 1843, referred to the next Legislature, agreed to in 1844 by two-thirds of all the members elected to each house, submitted to the people, and ratified and approved at

the election in November, 1844

AMENDMENT NO. III.

Strike out of section four of article four, the words "on the first Monday in November and on the following day," and insert the words "On the first Tuesday," so

that said section will read:

The Representatives shall be chosen annually on the first Tuesday of November, by the electors of the several counties or districts into which the State shall be divided for that purpose. [See Note.]

[The following amendment was proposed in 1848, referred to the Legislature of 1849, agreed to by two-thirds of all the members elected to each house, submitted to the people, and approved and ratified at the election held in November, 1849.]

AMENDMENT NO. IV.

The Legislature of this State for the year eighteen hundred and fifty shall provide by law for the election by the people of the following officers, viz: "Judges of the Supreme Court, who shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter; Auditor General, State Treasurer, Secretary of State, Attorney General, Superintendent of Public Instruction, and Prosecuting Attorneys; and the said judges are prohibited from receiving

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NOTE.-Amendment No. 2, does not appear to have been agreed to by the Legislature of 1843, as the constitution requires. All that appears in the published laws of that year in reference to it, is Joint Resolution No. 22, which provides that it be submitted to the people at the then next general election; but makes no provision for the return or canvass of the votes. The votes, however, were returned, and canvassed by the board of State canvassers, and the result thus ascertained to be in fa

Vor of the amendment.

It appears from the journal of the house of Representative for 1843, that on the 16th of February, the joint resolution of the previous Legislature, proposing this amendment, was called up, and the House refused to agree-yeas 34, nays 15; which vote was, on the same day, reconsidered, (House Journal, p. 301, 303.) On the 9th of March, "the joint resolution amending the constitution was considered, the rules suspended, and the same adopted," (House Journal, p. 350,) but the yeas and nays were not entered upon the journal.

On the same day, the "joint resolution in relation to the amendment of the constitution," proposed by the Legislature in 1842, was taken up in the Senate and adopted--yeas 15, nays 3. (Senate Journal, p. 412.) A message was afterwards on that day received from the House, transmitting "joint resolution in relation to amendment of constitution," which the House had passed, and the rule was thereupon suspended, and the resolution adopted, the yeas and nays not being entered the journal. (Senate Journal, p. upon the journal. 418, 419.]

On that day, a message from the Senate was received by the House, returning "joint resolution in relation to the amendment of the constitution," and advising the House that the Senate had concurred therein; and the same was thereupon ordered to be enrolled. (House Journal, p. 533 & 534.)

On the same day, a message was received by the House from the Governor, advi

sing the House that he had approved and deposited with the Secretary of State joint resolution for amending the constitution of the State of Michigan." (House Journal, p. 538.)

It seems, therefore, to be a matter of doubt whether the resolution of 1842, relative to borrowing money, &c., was actually agreed to by the Legislature of 1843. The resolution for submitting the amendment to the people, is entitled "Joint Resolution.”

Amendment No. 3, as proposed in 1843,

was modified in form, but not in substance, by the joint resolution approved January 16, 1844. The words stricken out, and those inserted by this amendment, leave no designation of the month in which the election is to be holden, yet the section is made to read as though the words "of November" had not been stricken out.

The language of the amendment also. implies that the reading of the whole of section 4, of article 4 of the constitution, is given in the resolution, whereas it includes only the first clause of that section.

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