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AN ACT

TO PROVIDE FOR CALLING A

STATE CONVENTION.

WHEREAS, In the opinion of the General Assembly, the condition of public affairs demands that a Convention of the people be called, to take such action as the interest and welfare of the State may require: Therefore,

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That an election for delegates to a Convention of the people of the State of Missouri, shall be held at the several places of voting in this State, on Monday, the 18th day of February, one thousand eight hundred and sixty-one, which election shall me managed and conducted by the Sheriffs, or other proper officers of the counties respectively, in the same manner, and according to the same rules and regulations, as are now prescribed by law for the election of members of the General Assembly. And it is hereby declared to be the duty of the Governor to issue his proclamation to the several sheriffs of the State, immediately after the passage of this act, requiring them to hold and conduct said election according to law; and the said sheriffs shall advertise the time and place of holding said election for as long a time as practicable, by publication in the several newspapers of their respective counties, and by posting notices at ten public places in each county.

SEC. 2. Each State Senatorial District, as now constituted by law, shall be entitled to elect three times as many delegates to said Convention as said district is now entitled to members in the State Senate.

SEC. 3. No person shall be a member of said Convention who shall not have attained to the age of twenty-four years, who shall not be a free white male citizen of the United States, who shall

not have been a citizen of this State two years, and of the district which he represents one year next before his election.

SEC. 4. In all districts composed of two or more counties, the Clerks of all the counties shall transmit to the Clerk of the county first named by the law now forming said districts, on the day succeeding said election, or as soon as possible thereafter, a certificate under their hands of the number of votes given for each candidate in each respective county; and said returns shall be sent by special messengers, who shall receive the sum of five dollars a day for their service, to be paid out of the Treasury of the county from which said returns may be sent. The Clerk of the county to which returns shall be made, after examining the same, shall give to the persons showing the highest number of votes, according to the number of delegates to which each district is entitled, certificates of election under the seal of his office; and said clerks shall also certify said returns to the Secretary of State, as now provided by law in case of the election of Senators.

SEC. 5. The delegates elected under the provisions of this act shall assemble at Jefferson City, on Thursday, the 28th day of February, 1861, and organize themselves into a Convention, by the election of a President, and such other officers as they may deem necessary; and shall proceed to consider the then existing relations between the Government of the United States, the people and Governments of the different States, and the Government and people of the State of Missouri; and to adopt such measures for vindicating the sovereignty of the State and the protection of its institutions, as shall appear to them to be demanded.

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SEC. 6. Said Convention shall adopt such rules and regulations for its government, and the proper transaction of business, as they shall think proper. They shall have the same privileges as the members of the General Assembly now have, by law; and the officers, members and assistants of said Convention shall receive the same compensation as is now allowed by law to the officers, members and assistants of the House of Representatives; and said compensation shall be allowed and paid them in the same manner.

SEC. 7. In cases of contested elections to said Convention, the contending candidates shall pursue the same course and be governed by the same rules, as are now prescribed by law in relation to contested elections for members of the General Assembly; and the Convention shall be the judge of all such contested elections for membership therein.

SEC. 8. In case of vacancy occurring in said Convention, by death, resignation, or otherwise, of any member, the same shall be filled in the same manner as now prescribed by law for filling vacancies in the State Senate.

SEC. 9. All persons qualified to vote for members of the General Assembly, under existing laws, shall be entitled to vote for delegates to said Convention.

SEC. 10. No act, ordinance, or resolution of said Convention shall be deemed to be valid to change or dissolve the political relations of this State to the Government of the United States, or any other State, until a majority or the qualified voters of this State, voting upon the question, shall ratify the same.

SEC. 11. The County Clerks of the several counties, immediately after the returns shall be made to his office, on said act or ordinance of

said Convention, so submitted, shall certify the same to the office of the Secretary of State, when the Governor shall announce, by proclamation, the result of said election.

This act shall take effect and be in force from and after its passage.

Approved January 21, 1861.

I, B. F. Massey, Secretary of State, do hereby certify that the foregoing act, entitled "An act to provide for calling a State Convention," is a true and correct copy of the original roll of said law now on file in this office.

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