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hundred; and the Senate shall at all times val from their respective counties or diga equal in number one-third of the House of tricts shall be deemed a vacation of their Representatives, as nearly as may be. seats.

3. The Legislature shall provide by law 8. No person holding any office under for an enumeration of the inhabitants of the United States, or of this state, officers this State in the years one tliousand eight of the militia, justices of the peace, assohundred and thirty-seven, and one thou- ciate judges of the circuit and county sand eight hundred and forty five, and ev- courts, and post masters excepted, shall be ery ten years after the said last mentioned eligible to either house of the Legislature. time; and at their first session after each 9. Senators and Representatives shall, enumeration so made as aforesaid, and al- in all cases except treason, felony or breach so after each enumeration made by the au- of the peace, be privileged from arrest; thority of the United States, the legisla- nor shall they be subject to any civil proture shall apportion anew the Representa-cess during the session of the Legislature, tives and Senators among the several coun- nor for fifteen days next before the comties and districts, according to the number mencement and after the termination of of white inhabitants.

each session. 4. The Representatives shall be chosen 10. A majority of each house shall conannually on the first Monday of Novem-stitute a quorum to do business; but a ber, and on the following day, by the elec- smaller number may adjourn from day to tors of the several counties or districts into day, and may compel the attendance of abwhich the State shall be divided for that sent members, in such manner and under purpose. Each organized county shall be such penalties as each house may provide. entitled to at least one Representative; but Each house shall choose its own officers. no county hereafter organized shall be en- 11. Each house shall determine the titled to a separate Representative until it rules of its proceedings, and judge of the shall have attained a population equal to qualifications, elections and returns of its the ratio of representation hereafter estab- own members; and may, with the concurlished.

rence of two-third's of all the members 5. The Senators shall be chosen for two elected, expel a member; but no member years, at the same time and in the same shall be expelled a second time for the manner as the Representatives are requi- same cause, nor for any cause known to red to be chosen. At the first session of his constituents antecedent to his election. the Legislature under this constitution, they

12. Each house shall keep a journal of shall be divided by lot from their respec- its proceedings, and publish the same, extive districts, as nearly as may be, into two cept such parts as may require secrecy; équal classes. The seats of the Senators and the yeas and nays of the members of of the first class shall be vacated at the either house, on any question, shall, at the expiration of the first year, and of the sec- request of one-fifth of the members presond class at the expiration of the second ent, be entered on the journal. Any memyear, so that one-half thereof, as nearly as ber of either house shall have liberty to may be, shall be chosen annually thereaf- dissent from and protest against any act or

resolution which he may think injurious to 6. The State shall be divided at each the public or an individual, and have the new apportionment, into a number of not reasons of his dissent entered on the jourless than four, nor more than eight, sena- nal. torial districts, to be always composed of 13. In all elections by either or both contiguous territory; so that each district houses, the votes shall be given viva voce; shall elect an equal number of Senators, and all votes on nominations made to the annually, as nearly as may be; and no Senate, shall be taken by yeas and nays, county shall be divided in the formation and published with the journal of its proof such districts.

ceedings. 7. Senators and Representatives shall be 14. The doors of each house shall be citizens of the United States, and be qual- open, except when the public welfare shall ified electors in the respective counties and require secrecy; neither house shall, withdistricts which they represent; and a remo-l out the consent of the other, adjourn for

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2.

EXECUTIVE DEPARTMENT.

more than three days, nor to any other cur in the Senate and House of Represenplace than that where the Legislature may tatives. then be in session.

21. The Legislature shall meet on the 15. Any bill may originate in either first Monday in January, in every year, house of the Legislature.

and at no other period, unless otherwise 16. Every bill passed by the Legislature directed by law, or provided for in this shall, before it becomes a law, be present constitution. ed to the Governor; if he approve, he 22. The style of the laws of this State shall sign it; but if not, he shall return it, shall be: "Be it enacted by the Senate and with his objections, to the house in which House of Representatives of the State of it originated, who shall enter the objections Michigan.” at large upon their journal, and proceed to

ARTICLE V. reconsider it. If, after such reconsideration, two-thirds of all the members present agree to pass the bill, it shall be sent,

1. The supreme executive power shall with the objections, to the other house, by be vested in a Governor, who shall hold whom it shall likewise be reconsidered; his office for two years; and a Lieutenant and if approved also by two-thirds of all Governor shall be chosen at the same time the members present in that house, it shall and for the same term. become a law; but in such cases the votes of both houses shall be determined by yeas fice of Governor or Lieutenant Governor,

2. No person shall be eligible to the ofand nays, and the names of the members who shall not have been five years a citivoting for or against the bill shall be en

zen of the United States, and a resident of tered on the journals of each house re- this State two years next preceding the spectively; and if any bill be not returned election. by the Governor within ten days, Sundays

3. The Governor and Lieutenant Gov. excepted, after it has been presented to ernor shall be elected by the electors at the him, the same shall become a law, in like times and places of choosing members of manner as if he had signed it, unless the the Legislature. The persons having the Legislature, by their adjournment, prevent highest number of votes for Governor and its return, in which case it shall not be- Lieutenant Governor shall be elected; but come a law.

in case two or more have an equal and the 17. Every resolution to which the con- highest number of votes for Governor or currence of the Senate and House of Rep- Lieutenant Governor, the Legislature shall, resentatives may be necessary, except in by joint vote, choose one of the said perin cases of adjournment, shall be present- sons so having an equal and the highest ed to the Governor, and before the same number of votes, for Governor or Lieushall take effect, shall be proceeded upon tenant Governor in the same manner as in the case of a

4. The returns of every election for bill. 18. The members of the Legislature be sealed up and transmitted to the seat of

, shall receive for their services a compensation to be ascertained by law, and paid government, by the returning officers, diout of the public treasury; but no increase of the compensation shall take effect du- shall open and publish them in the prering the term for which the members of sence of the members of both houses. either house shall have been elected; and

5. Tho Governor shall be commander, such compensation shall never exceed three in-chief of the militia, and of the army dollars a day.

and navy of this State. 19. No member of the Legislature shall 6. He shall transact all executive busireceive any civil appointment from the ness with the officers of government, civil Governor and Senate, or from the Legis- and military; and may require informalature, during the term for which he is tion, in writing, from the officers in the exelected.

ecutive department, upon any subject rela20. The Governor shall issue writs of ting to the duties of their respective offielection to fill such vacancies as may oc- ces.

7. He shall take care that the laws be ernor for the time being shall give notice faithfully executed.

thereof, and the electors shall, at the next 8. He shall have the power to convene succeeding annual election for members of the Legislature on extraordinary occasions. the Legislature, choose a person to fill such He shall communicate by meesage to the vacancy. Legislature, at every session, the condition 18. The Governor shall, at stated times, of the State, and recommend such matters receive for his services a compensation to them as he shall deem expedient.

which shall neither be increased nor di9. He shall have power to adjourn the minished during the term for which he has Legislature to such time as he may think been elected. proper, in case of a disagreement between 19. The Lieutenant Governor, except the two houses with respect to the time of when acting as Governor, and the Presiadjournment, but not to a period beyond dent of the Senate pro tempore, shall each the next annual meeting.

receive the same compensation as shall be 10. He may direct the Legislature to allowed to the Speaker of the House of meet at some other place than the seat of Representatives. government, if that shall become, after its 20. A great seal for the State shall be adjournment, dangerous from a common provided by the Governor, which shall enemy or a contagious disease.

contain the device and inscriptions repre11. He shall have power to grant re- sented and described in the papers relating prieves and pardons after conviction, ex- thereto, signed by the President of the cept in cases of impeachment.

Convention, and deposited in the office of 12. When any office, the appointment the Secretary of the Territory. It shall to which is vested in the Governor and be kept by the Secretary of State; and all Senate, or in the Legislature, becomes va- official acts of the Governor, his approbacant during the recess of the Legislature, tion of the laws excepted, shall be thereby the Governor shall have power to fill such authenticated. vacancy by granting a commission, which

21. All grants and commissions shall be. shall expire at the end of the succeeding in the name and by the authority of the session of the Legislature.

people of the State of Michigan. 13. In case of the impeachment of the Governor, his removal from office, death,

ARTICLE VI. resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor until one Supreme Court, and in such other

1. The judicial power shall be vested in such disability shall cease, or the vacancy courts as the Legislature inay from time be filled.

to time establish. 14. If, during the vacancy of the office of Governor, the Lieutenant Governor

2. The judges of the Supreme Court shall be impeached, displaced, resign, die, shall hold their offices for the term of or be absent from the State, the President seven years; they shall be nominated, of the Senate, pro tempore, shall act as

and by and with the advice and conGovernor, until the vacancy be filled.

sent of the Senate, appointed by the Gov. 15. The Lieutenant Governor shall, by

ernor. They shall receive an adequate virtue of his office, be President of the compensation, which shall not be diminSenate; in committee of the whole, he may But they shall receive no fees nor perqui

ished during their continuance in office. debate on all questions; and when there is an equal division, he shall give the casting profit or trust under the authority of this

sites of office, nor hold any other office of 16. No member of Congress, nor any

State or of the United States. other person holding office under the Uni- 3. A. Court of Probate shall be estabted States, or this state, shall execute the lisned in each of the organized counties. office of Governor.

4. Judges of all County Courts, associ. 17. Whenever the office of Governor ate judges of Circuit Courts, and judges or Lieutenant Governor becomes vacant, of probate, shall be elected by the quali the person exercising the powers of Gov- fied electors of the county in which they

JUDICIAL DEPARTMENT.

Vote.

reside, and shall hold their offices for four with the advice and consent of the Senyears.

ate, and whose powers, and duties shali, 5. The Supreme Court shall appoint be prescribed by law, their clerk or clerks; and the electors of 4. There shall be a sheriff, a county each county shall elect a clerk, to be de- treasurer, and one or more coroners, a nominated a county clerk, who shall hold register of deeds and a county surveyor, his office for the term of two years, and chosen by the electors in each of the sevshall perform the duties of clerk to all the eral counties once in every two years, and courts of record to be held in each county, as often as vacancies shall happen. The except the Supreme Court and Court of sheriff shall hold no other office, and shall Probate.

not be capable of holding the office of 6. Each township may elect four justi- sheriff longer than four in any term of six ces of the peace, who shall hold their offi- years; he may be required by law to reces for four years; and whose powers and new his security from time to time, and in duties shall be defined and regulated by default of giving such security, bis office law. At their first election they shall be shall be deemed vacant; but the county classed and divided by lot into numbers shall never be made responsible for the one, two, three, and four, to be determined acts of the sheriff. in such manner as shall be prescribed by

ARTICLE VIII. law, so that one justice shall be annually elected in each township thereafter. A IMPEACHMENTS AND REMOVALS FROM OFFICE. removal of any justice from the township in which he was elected, shall vacate his have the sole power of impeaching all civi!

1. The House of Representatives shall office. In all incorporated towns, or cities, officers of the State, for corrupt conduct it shall be competent for the Legislature to in office, or for crimes and misdemeanors; increase the number of justices. 7. The style of all process shall be, "In shall be necessary to direct an impeach

but a majority of all the members elected the name of the people of the State of Michigan;" and all indictments shall conclude against the peace and dignity of the

2. All impeachments shall be tried by the Senate. When the Governor or Lieu

tenant Governor shall be tried, the chief ARTICLE VII.

justice of the Supreme Court shall preside. CERTAIN STATE AND COUNTY OFFICERS.

Before the trial of an impeachment, the 1. There shall be a Secretary of State, members of the court shalì take an oath or who shall hold his office for two years, and affirmation truly and impartially to try and who shall be appointed by the Governor, determine the charge in question accordby and with the advice and consent of the ing to the evidence; and no person shall Senate. He shall keep a fair record of be convicted without the concurrence of the official acts of the legislative and ex- ment in cases of impeachment shall not ex

two-thirds of the members present. Judgecutive departments of the government; tend further than to removal from office;

, and all matters relative thereto, before but the party convicted shall be liable to either branch of the Legislature; and shall indictment and punishment according to

law. perform such other duties as shall be assigned him by law.

3. For any reasonable cause, which 2. A State Treasurer shall be appointed shall not be sufficient ground for the im, by a joint vote of the two houses of the peachment of the judges of any of the Legislature, and shall hold his office for courts, the Governor shall remove any of the term of two years.

them on the address of two-thirds of each 3. There shali be an Auditor General branch of the Legislature; but the cause and an Attorney General for the State, or causes for which such removal may bę and a prosecuting attorney for each of required shall be stated at length in the the respective counties, who shall hold address. their offices for two years, and who shall 4. The Legislature shall provide by law be appointed by the Governor by and for the removal of justices of the peace,

ment.

same.

.

same,

MILITIA.

EDUCATION.

and other county and township officers, in State will permit, the Legislature shall pro such manner and for such cause as to them vide for the establishment of libraries, one shall seem just and proper.

at least in each township; and the money

which shall be paid by persons as an equiv: ARTICLE IX.

alent for exemption from military duty,

and the clear proceeds of all fines assessed 1. The Legislature shall provide by law in the several counties for any breach of tlie for organizing and disciplining the militia, penal laws, shall be exclusively applied for in such manner as they shall deem expedi- the support of said libraries. ent, not incompatible with the constitution

5. The Legislature shall take measures and laws of the United States.

for the protection, improvement, or other 2. The Legislature shall provide for the disposition of such lands as have been or efficient discipline of the oficers, commis- may hereafter be reserved or granted by sioned and non-commissioned, and musi- the United States to this State for the supcians, and may provide by law for the or- port of a University; and the funds accruganization and discipline of volunteer coming from the rents or sale of such lands, or panies.

from any other source for the purpose 3. Officers of the militia shall be elected aforesaid, shall be and remain a perpetual or appointed in such manner as the Legis- fund for the support of said University, lature shall from time to time direct, and with such branches as the public conveshall be commissioned by the Governor.

nience may hereafter demand for the pro4. The Governor shall liave power to motion of literature, the arts and sciences, call forth the militia to execute the laws of and as may be authorized by the terms of the State, to suppress insurrections, and such grant. And it shall be the duty of the repel invasions.

Legislature; as soon as may be, to provide ARTICLE X.

effectual means for the improvement and permanent security of the funds of said

University. 1. The Governor shall nominate, and by and with the advice and consent of the Le

ARTICLE XI. gislature, in joint vote, shall appoint a Superintendent of Public Instruction, who shall hold his office for two years, and

1. Neither slavery nor involuntary ser

vitude shall ever be introduced into this whose duties shall be prescribed by law.

2. The Legislature shall encourage, by State, except for the punishment of crimes, all suitable means; the promotion of intel of which the party shall have been duly

convicted. lectual, scientifical, and agricultural improvement. The proceeds of all lands

ARTICLE XII. that have been or hereafter may be granted by the United States to this State, for the support of schools, which shall hereaf- 1. Members of the Legislature and all ter be sold or disposed of, shall be and re- officers, executive and judicial, except such main a perpetual fund; the interest of inferior officers as may by law be exemptwhich, together with the rents of all suched, shall, before they enter on the duties unsold lands, shall be inviolably appropri- of their respective offices, take and subated to the support of schools throughout scribe the following oath or affirmation: the State.

"I do solemnly swear (or affirm, as the 3. The Legislature shall provide for a case may be,) that I will support the consystem of common schools, by which a stitution of the United States, and the conschool shall be kept up and supported in stitution of this state, and that I will faitheach school district, at least three months fully discharge the duties of the office of in every year; and any school district neg- according to the best of my ability.” lecting to keep up and support such a And no other oath, declaration or test sħall school, may be deprived of its equal pro- be required as a qualification for any ofportion of the interest of the public fuud. fice or public trust.

4. As soon as the circumstances of the 2. The Legislature shall pass no act of

PROHIBITION OF SLAVERY.

MISCELLANEOUS PROVISIONS.

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