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their respective offices and appointments until superseded under this constitution.

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 elections, and the returns made as required, by the existing laws of the territory, or by 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 shall be at the city of Detroit, on the first Monday in November next, with power to adjourn to any other place.

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

9. This constitution shall be submitted, at the election to be held on the first Monday in October next, and on the succceding day, for ratifica tion or rejection, to the electors qualified by this constitution to vote it 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 26, 1835, 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 the free inhabitants of that part thereof which is comprised within the limits in said constitution defined 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 convention, in behalf of the people of Michigan, that all said matters may be by him laid before the congress of the United States at their next session.

4th. Seven hundred sections of the unappropriated public lands lying within this state, shall be designated, under the direction of the legislature, and granted to the state for the purposes of internal improvement Said lands, or the proceeds of the sale thereof, shall be appropriated to aid the state in constructing one or more railroads or canals across the peninsulą, from Lake Erie or Detroit River to Lake Michigan, and also to aid in the construction of such other roads and canals, and in the improvement of such rivers, as the legislature may designate. And five per cent. of the nett proceeds of the sale of all lands lying within the territory or state, which shall be sold by congress from and after the first day of January, eighteen hundred and thirty-six, after deducting all expenses incident to the same, shall also be appropriated, two-fifths thereof for the purposes before described in this proposition, and three-fifths for the encouragement of learning.

5th. All salt springs within the state, and the lands reserved for the use of the same, at least one section including each spring, shall be granted to the state, to be used or disposed of as the legislature may direct.

6th. The roads commenced in this state, for the construction of which appropriations have been made by congress, shall be completed and put in repair at the expense of the United States.

7th. The first senators and representative or representatives elected to congress from this state, are hereby authorized and empowered to make or assent to such other propositions, or to such variations of the propositions herein made, as the interests of the state may require; and any such changes or new propositions, when approved by the legislature, shall be as obligatory as if the assent of this convention were given thereto; and all stipulations entered into by the legislature in pursuance of the authority herein conferred, shall be considered articles of compact between the United States and this state; and the legislature is hereby further anthorized to declare, in behalf of the people of Michigan, if such declaration be proposed by congress, that they will never interfere with the primary disposal, under the authority of the United States, of the vacant lands within the limits of this state.

JOHN BIDDLE, President.

CHARLES W. WHIPPLE, Secretaries.
MARSHAL J. BACON,

CONSTITUTION OF ARKANSAS.

WE, the people of the territory of Arkansas, by our representatives, in convention assembled, at Little Rock, on Monday, the 4th of January, A. D. 1836, and of the independence of the United States the sixtieth year, having the right of admission into the union as one of the United States of America, consistent with the federal constitution, and by virtue of the treaty of cession, by France to the United States, of the province of Louisiana, in order to secure to ourselves and our posterity the enjoy

ment of all the rights of life, liberty, and property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent state, by the name and style of "The state of Arkansas," and do ordain and establish the following constitution for the government thereof:

ARTICLE 1.

Of Boundaries.

We do declare and establish, ratify and confirm, the following as the permanent boundaries of said state of Arkansas, that is to say; Beginning in the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude; running from thence west, with the said parallel of latitude, to the St. Francis river; thence up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west, to the south-west corner of the state of Missouri; and thence to be bounded on the west, to the north bank of Red river, as by acts of congress and treaties heretofore defining the western limits of the territory of Arkansas; and to be bounded on the south side of Red river by the Mexican boundary line, to the northwest corner of the state of Louisiana; thence east, with the Louisiana state line, to the middle of the main channel of the Mississippi river ; thence up the middle of the main channel of said river to the thirty-sixth degree of north latitude, the point of beginning.

ARTICLE 2.

Declaration of Rights.

That the great and essential principles of liberty and free government may be recognised and unalterably established, we DECLARE:

1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happi

ness.

2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform, or abolish their government, in such manner as they may think proper.

3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. That no human authority can, in any case whatever, interfere with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.

4. That the civil rights, privileges, or capacities of any citizen shall in nowise be diminished or enlarged, on account of his religion.

5. That all elections shall be free and equal.

6. That the right of trial by jury shall remain inviolate.

7. That printing presses shall be free to every person; and no lav shall ever be made to restrain the rights thereof. The free communica tion of thoughts and opinions is one of the invaluable rights of man

and every citizen may freely speak, write, and print, on any subject being responsible for the abuse of that liberty.

8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury may have the right to determine the law and the facts.

9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby any officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and supported by evidence, are dangerous to liberty, and shall not be granted.

10. That no freeman shall be taken or imprisoned, or disseised of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.

11. That in all criminal prosecutions, the accused hath a right to be heard, by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favour; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

12. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

13. That all penalties shall be reasonable, and proportioned to the nature of the offence.

14. That no man shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.

15. That no conviction shall work corruption of blood, or forfeiture of

estate.

16. That all prisoners shall be bailable by sufficient securities, unless in capital offences, where the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless where, in case of rebellion or invasion, the public safety may require it.

17. That excessive bail shall in no case be required, nor excessive fines imposed.

18. That no ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.

19. That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges, or honours ever be granted or conferred in this state.

20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and apply to those invested with the power of government for redress of grievances, or other proper purposes, by address or remonstrance.

21. That the free white men of this state shall have a right to keep and to bear arms for their common defence.

22. That 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.

23. The military shall be kept in strict subordination to the civil power.

24. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and, to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.

ARTICLE 3.

§ 1. The powers of the government of the state of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.

2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others; except in the instances herein after expressly directed or permitted.

ARTICLE 4.

Legislative Department.

§ 1. The legislative power of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives.

Qualifications of Electors.

2. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have been a citizen of this state six months, shall be deemed a qualified elector, and be entitled to vote in the county or district where he actually resides, for each and every office made elective under this state or the United States: Provided, that no soldier, seaman, or marine in the army or navy of the United States, shall be entitled to vote at any election within this state.

Time of choosing Representatives.

3. The house of representatives shall consist of members to be chosen every second year by the qualified electors of the several counties.

Qualifications of a Representative.

4. No person shall be a member of the house of representatives, who shall not have attained the age of twenty-five years; who shall not be a free white male citizen of the United States; who shall not, at the time of his election, have an actual residence in the county he may be chosen to represent.

Qualifications of a Senator.

5. The senate shall consist of members to be chosen every four years by the qualified electors of the several districts.

6. No person shall be a senator who shall not have attained the age of thirty years; who shall not be a free white male citizen of the United

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