of the condition of the State, and recom- ted States, or this State, shall execute the mend such measures to them as he shall office of Governor.

deem expedient.

Sec. 16. No person elected Governor or Sec 9. He may convene the Legislature Lieutenant Governor shall be eligible to at some other place, when the seat of gov-any office or appointment from the Legis ernment becomes dangerous from disease lature, or either house thereof, during the time for which he was elected. All votes for either of them, for any such office,

or a common enemy.

Sec. 10. He shall issue writs of election to fill such vacancies as occur in the Sen-shall be void. ate or House of Representatives.

Sec. 17. The Lieutenant [Governor] and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensation as the Governor.

Sec. 18. All official acts of the Gover nor, his approval of the laws excepted, shall be authenticated by the great seal of the State, which shall be kept by the Secretary of State.

Sec. 11. He may grant reprieves, commutations and pardons, after convictions, for all offences except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to regulations provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case Sec. 19. All commissions issued to pershall be reported to the Legislature at its sons holding office under the provisions of next session, when the Legislature shall this constitution, shall be in the name and either pardon or commute the sentence, di- by the authority of the people of the State rect the execution of the sentence, or grant of Michigan, sealed with the great seal of a further reprieve. He shall communicate the State, signed by the Governor and to the Legislature at each session, informa- countersigned by the Secretary of State. tion of each case of reprieve, commutation or pardon granted, and the reasons there

for.

ARTICLE VI.

JUDICIAL DEPARTMENT.

See. 12. In case of the impeachment of Section 1. The judicial power is vested the Governor, his removal from office, in one Supreme Court, in Circuit Courts, death, inability, resignation or absence in probate courts, and in justices of the from the State, the powers and duties of peace. Municipal courts of civil and crimthe office shall devolve upon the Lieuten-inal jurisdiction may be established by the ant Governor, for the residue of the term, Legislature in cities. or until the disability ceases. When the Sec. 2. For the term of six years, and Governor shall be out of the State in time thereafter, until the Legislature otherwise of war, at the head of a military force provide, the judges of the several Circuit thereof, he shall continue commander-in-Courts shall be judges of the Supreme chief of all the military force of the State. Court, four of whom shall constitute a Sec. 13. During a vacancy in the office of Governor, if the Lieutenant Governor die, resign, be impeached, displaced, be incapable of performing the duties of his office, or absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled, or the disability cease.

Sec. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate. In committee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote.

Sec. 15. No member of Congress, nor any person holding office under the Uni

quorum. A concurrence of three shall be necessary to a final decision. After six years, the Legislature may provide by law for the organization of a Supreme Court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the State. Such Supreme Court, when so organized, shall not be changed or discontinued by the Legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years.

Sec. 3. The Supreme Court shall have

a general superintending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only.

Sec. 4. Four terms of the Supreme Court -shall be held annually, at such times and places as may be designated by law.

Sec. 5. The Supreme Court shall, by general rules, establish, modify and amend the practice in such court and in the Cir cuit Courts, and simplify the same. The Legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.

Sec. 6. The State shall be divided into eight judicial circuits; in each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years and until his successor is elected and qualified.

Sec. 7. The Legislature may alter the limits of circuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the Circuit Court.

Sec. 8. The Circuit Courts shall have original jurisdiction in all matters, civil and criminal, not excepted in this constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions.

than judicial, given either by the Legisla ture or the people, shall be void.

Sec. 10. The Supreme Court may appoint a reporter of its decisions. The decisions of the Supreme Court shall be in writing, and signed by the judges concur ring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the clerk of the Supreme Court. The judges of the Circuit Court, within their respective jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney; but no judge of the Supreme Court, or Circuit Court, shall exercise any other power of appointment to public of fice.

Sec. 11. A Circuit Court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the Circuit Court may hold courts for each other, and shall do so when required by law.

Sec. 12. The clerk of each county organized for judicial purposes shall be the clerk of the Circuit Court of such county, and of the Supreme Court when held within the same.

Sec. 13. In each of the counties organized for judicial purposes, there shall be a Court of Probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be prescribed by law.

Sec. 14. When a vacancy occurs in the office of judge of the Supreme, Circuit or Probate Court, it shall be filled by appointment of the Governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.

Sec. 15. The Supreme Court, the CirSec. 9. Each of the judges of the Circuit and Probate Courts of each county, cuit Courts shall receive a salary, payable shall be courts of record, and shall each quarterly. They shall be ineligible to any have a common seal. other than a judicial office during the terin for which they are elected, and for one year thereafter. All votes for any person elected such judge, for any office other

Sec. 16. The Legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers not exceed

at chambers.

ing those of a judge of the Circuit Court State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice.

Sec. 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the -electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any townships, they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The Legislature may increase the number of justices in cities.

Sec. 25. In all prosecutions 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. The jury shall have the right to determine the law and the fact.

Sec. 26. The person, houses, papers and possessions of every person shall be secure Sec. 18. În civil cases, justices of the from unreasonable searches and seizures. peace shall have exclusive jurisdiction to No warrant to search any place or to seize the amount of one hundred dollars, and any person or things, shall issue without concurrent jurisdiction to the amount of describing them, nor without probable three hundred dollars, which may be in-cause, supported by oath or affirmation. creased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction and perform such duties as shall be prescribed by the Legisla

ture.

Sec. 19. Judges of the Supreme Court, circuit judges, and justices of the peace, shall be conservators of the peace within their respective jurisdictions.

Sec. 20. The first election of judges of the Circuit Courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided.

Sec. 21. The first election of judges of the Probate Courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year there

after.

Sec. 27. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law.

Sec. 28. In every criminal prosecution the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defence.

Sec 29. No person, after acquittal upon the merits, shall be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.

Sec. 30. 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 upon the testimony of two witnesses to the same overt act, or on confession in open court.

Sec. 22. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he Sec. 31. Excessive bail shall not be rewas elected, or by a change in the boun-quired; excessive fines shall not be imdaries of such township, shall be placed posed; cruel or unusual punishment shall without the same, they shall be deemed to not be inflicted, nor shall witnesses be unhave vacated their respective offices. reasonably detained.

Sec. 23. The Legislature may establish courts of conciliation, with such powers and duties as shall be prescribed by law. Sec. 24. Any suitor in any court of this

Sec. 32. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.

Sec. 33. No person shall be imprisoned for debt, arising out of or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a militia fine in time of peace.

Sec. 34. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. Sec. 35. The style of all process shall be: "In the name of the people of the State of Michigan."

ARTICLE VII.

ELECTIONS.

Section 1. In all elections, every white male citizen, every white male inhabitant residing in the State on the twentyfourth day of June, one thousand eight hundred and thirty-five; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has delared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote, ten days next preceding such election.

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

Sec. 3. Every elector, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same.

Sec. 4. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or attend court as a suitor or witness.

Sec.. 5. No elector shall be deemed to have gained or lost a residence by reason

of his being employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison.

Sec. 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise.

Sec. 7. No soldier, seaman, nor 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 mil. itary or naval place within the same.

Sec. 8. Any inhabitant who may hereafter be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the constitution and laws of this State, and shall not be permitted to vote at any election. ARTICLE VIII.

STATE OFFICERS.

Sec. 1. There shall be elected at each general biennial election, a Secretary of State, a Superintendent of Public Instruction, a State Treasurer, a Commissioner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. They shall keep their offices at the seat of government, and shall perform such duties as may be prescribed by law.

Sec. 2. Their term of office shall commence on the first day of January, one thousand eight hundred and fifty-three, and of every second year thereafter.

Sec. 3. Whenever a vacancy shall occur in any of the State offices, the Governor shall fill the same by appointment, by and with the advice and consent of the Senate, if in session.

Sec. 4. The Secretary of State, State Treasurer, and Commissioner of the State Land Office shall constitute a board of State Auditors, to examine and adjust all claims against the State not otherwise provided for by general law. They shall constitute a board of State Canvassers to determine the result of all elections for Governor, Lieutenant Governor, and State Officers, and of such other officers as shall by law be referred to them.

Sec. 5. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of State Canvassers, the Legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected.

ARTICLE IX.

SALARIES.

Sec. 1. The governor shall receive an annual salary of one thousand dollars; the judges of the Circuit Court shall each receive an annual salary of one thousand five hundred dollars; the State Treasurer shall receive an annual salary of one thousand dollars; the Auditor General shall receive an annual salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thou sand dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the Commissioner of the Land Office shall receive an annual salary of eight hundred dollars; the Attorney General shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall not be competent for the Legislature to increase the salaries herein provided.

ARTICLE X.

COUNTIES.

Sec. 1. Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof.

Sec. 2. No. organized county shall ever be reduced by the organization of new counties to less than sixteen townships, as surveyed by the United States, unless, in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The Legislature may organize any city into a separate county, when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting

thereon, shall be in favor of a separate organization.

Sec. 3. In each organized county there shall be a Sheriff, a County Clerk, a County Treasurer, a Register of Deeds and a Prosecuting Attorney, chosen by the elec tors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of County Clerk and Register of Deeds in one office, or disconnect the same.

Sec. 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds, shall hold their offices at the county seat.

Sec. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts.

Sec. 6. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law,

Sec. 7. Cities shall have such representation in the board of supervisors of the counties in which they are situated, as the Legislature may direct.

Sec, S. No county seat once established shall be removed until the place to which it is proposed to be removed shall be desig nated by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law.

Sec. 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon.

Sec. 10. The board of supervisors, or in the county of Wayne, the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all