motion of literature, the arts and sciences, and as may be authorized by the terms of such grant; and it shall be the duty of the Legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University.

ARTICLE XI.

PROHIBITION OF SLAVERY.

1. Neither slavery or involuntary servitude shall ever be introduced into this State, except for the punishment of crimes of which the party shall have been duly convicted.

ARTICLE XII.

MISCELLANEOUS PROVISIONS.

1. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test shall be required as a qualification for any office of public trust.

2. The Legislature shall pass no act of 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 Legislature, as soon as may be, to make provision by law for ascertaining the proper objects 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 by law authorize 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, one thousand eight hundred

and thirty-eight, and until others shall be elected and qualified; and thereafter they shall hold their office 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 CONSTITUTION.

1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months previous to the 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 a convention, to be holden within six months after the passage of such law; and 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 judicial 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.

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 teritory of Michigan, shall accrue to the use of the State.

4. All recognizances heretofore taken, or which may be taken before 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 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 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.

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 this 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, or until the Legislature shall, in conformity with 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 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. If this Constitution shall be ratified by the people of Michigan,

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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 the said matters may be by him laid before 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.

12. Until the first enumeration shall be made as directed by this Constitution the county of Wayne shall be entitled to eight representa tives; 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 county of Lapeer to one representative; the county of Saginaw, and the unorganized counties of Genesee and Shiawassee, to one representative; the county of Michilimackinac 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 counties of Monroe and Lenawee shall compose the second district, and elect three 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.

Any county 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.

PROPOSED CONSTITUTION.

1867.

PREAMBLE.

We, the people of the State of Michigan, grateful to Almighty God, the Sovereign Ruler of nations, for civil and religious liberty, and acknowledging our dependence upon Him for the continuance thereof, do ordain and establish the following Constitution:1

ARTICLE I.

BOUNDARIES AND SEAT OF GOVERNMENT.

SECTION 1. The State of Michigan is bounded as follows, to-wit: Commencing at a point on the eastern boundary line of the State of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay, shall intersect the same, said point being the north-west corner of the State of Ohio, as established by an act of Congress entitled, "An act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the condition therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six; thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada, in Lake Erie; thence with the said boundary line between the United States and Canada through the Detroit river, Lake St. Clair, the St. Clair river, Lake Huron, the St. Mary's river and Lake Superior, to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the said Montreal river to the head waters thereof, as marked upon the survey made by Captain Cramm, by authority of the United States; thence in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the Brule river to the main channel of the Menominee river; thence down the center of the main channel of the same to the center of the most usual ship channel of the Green Bay, of Lake Michigan; thence through the center of the most usual channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the

1 The people having voted, by 79,505 to 28,623, in favor of a revision of the Constitution, at the general election of 1866, the Legislature of 1867 passed an act, approved March 11, 1867, "to provide for the revision of the Constitution of the State of Michigan. Under its provisions, delegates to a constitutional convention were elected, who met May 15, of that year, and framed this Constitution. It was rejected by the people in 1868 by 110,582 nays to 71,733 yeas.

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