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

seats.

8. No person holding any office under the United States, or of this State, officers of the militia, justices of the peace, asso

courts, and post masters excepted, shall be eligible to either house of the Legislature.

3. The Legislature shall provide by law for an enumeration of the inhabitants of this State in the years one thousand eight hundred and thirty-seven, and one thou-ciate judges of the circuit and county sand eight hundred and forty five, and every ten years after the said last mentioned time; and at their first session after each enumeration so made as aforesaid, and also after each enumeration made by the authority of the United States, the legislature shall apportion anew the Representatives and Senators among the several counties and districts, according to the number of white inhabitants.

4. The Representatives shall be chosen annually on the first Monday of November, and on the following day, by the electors of the several counties or districts into which the State shall be divided for that purpose. Each organized county shall be entitled to at least one Representative; but no county hereafter organized shall be entitled to a separate Representative until it shall have attained a population equal to the ratio of representation hereafter established.

5. The Senators shall be chosen for two years, at the same time and in the same manner as the Representatives are required to be chosen. At the first session of the Legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half thereof, as nearly as may be, shall be chosen annually thereaf

ter.

6. The State shall be divided at each new apportionment, into a number of not less than four, nor more than eight, senatorial districts, to be always composed of contiguous territory; so that each district shall elect an equal number of Senators, annually, as nearly as may be; and no county shall be divided in the formation of such districts.

7. Senators and Representatives shall be citizens of the United States, and be qualified electors in the respective counties and districts which they represent; and a remo

9. Senators and Representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest; nor shall they be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.

10. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may provide. Each house shall choose its own officers. 11. Each house shall determine the rules of its proceedings, and judge of the qualifications, elections and returns of its own members; and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election.

12. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the request of one-fifth of the members present, be entered on the journal. Any member of either house shall have liberty to dissent from and protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal.

13. In all elections by either or both houses, the votes shall be given viva voce; and all votes on nominations made to the Senate, shall be taken by yeas and nays, and published with the journal of its proceedings.

14. The doors of each house shall be open, except when the public welfare shall require secrecy; neither house shall, without the consent of the other, adjourn for

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 directed by law, or provided for in this

22. The style of the laws of this State:

ARTICLE V.

EXECUTIVE DEPARTMENT.

1. The supreme executive power shall be vested in a Governor, who shall hold his office for two years; and a Lieutenant Governor shall be chosen at the same time and for the same term.

16. Every bill passed by the Legislature shall, before it becomes a law, be present-constitution. ed to the Governor; if he approve, he 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 reconsider it. If, after such reconsideration, two-thirds of all the members present agree to pass the bill, it shall be sent, with the objections, to the other house, by whom it shall likewise be reconsidered; and if approved also by two-thirds of all the members present in that house, it shall become a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively; and if any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall not become a law.

fice of Governor or Lieutenant Governor, 2. No person shall be eligible to the of who shall not have been five years a citizen of the United States, and a resident of this State two years next preceding the

election.

3. The Governor and Lieutenant Gov

ernor shall be elected by the electors at the times and places of choosing members of the Legislature. The persons having the highest number of votes for Governor and Lieutenant Governor shall be elected; but 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 bill.

18. The members of the Legislature

shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected; and such compensation shall never exceed three dollars a day.

4. The returns of every election for Governor and Lieutenant Governor, shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the President of the Senate, who shall open and publish them in the presence of the members of both houses.

5. The Governor shall be commander

in-chief of the militia, and of the army 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 beernor for the time being shall give notice faithfully executed.

8. He shall have the power to convene the Legislature on extraordinary occasions. He shall communicate by meesage to the Legislature, at every session, the condition of the State, and recommend such matters to them as he shall deem expedient.

9. He shall have power to adjourn the Legislature to such time as he may think proper, in case of a disagreement between the two houses with respect to the time of adjournment, but not to a period beyond the next annual meeting.

thereof, and the electors shall, at the next succeeding annual election for members of the Legislature, choose a person to fill such vacancy.

18. The Governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he has been elected.

19. The Lieutenant Governor, except. when acting as Governor, and the President of the Senate pro tempore, shall each receive the same compensation as shall be allowed to the Speaker of the House of Representatives.

20. A great seal for the State shall be provided by the Governor, which shall contain the device and inscriptions repre

10. He may direct the Legislature to meet at some other place than the seat of government, if that shall become, after its adjournment, dangerous from a common enemy or a contagious disease. 11. He shall have power to grant re-sented and described in the papers relating prieves and pardons after conviction, except in cases of impeachment.

12. When any office, the appointment to which is vested in the Governor and Senate, or in the Legislature, becomes vacant during the recess of the Legislature, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the succeeding session of the Legislature.

13. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor until such disability shall cease, or the vacancy

be filled.

16. No member of Congress, nor any other person holding office under the United States, or this State, shall execute the office of Governor.

thereto, signed by the President of the Convention, and deposited in the office of the Secretary of the Territory. It shall be kept by the Secretary of State; and all official acts of the Governor, his approbation of the laws excepted, shall be thereby authenticated.

21. All grants and commissions shall be in the name and by the authority of the people of the State of Michigan.

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

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

5. The Supreme Court shall appoint their clerk or clerks; and the electors of each county shall elect a clerk, to be denominated a county clerk, who shall hold his office for the term of two years, and shall perform the duties of clerk to all the courts of record to be held in each county, except the Supreme Court and Court of Probate.

6. Each township may elect four justices of the peace, who shall hold their offices for four years; and whose powers and duties shall be defined and regulated by law. At their first election they shall be classed and divided by lot into numbers one, two, three, and four, to be determined in such manner as shall be prescribed by law, so that one justice shall be annually elected in each township thereafter. A removal of any justice from the township in which he was elected, shall vacate his office. In all incorporated towns, or cities, it shall be competent for the Legislature to increase the number of justices.

7. The style of all process shall be, "In the name of the people of the State of Michigan;" and all indictments shall conclude against the peace and dignity of the

same.

ARTICLE VII.

CERTAIN STATE AND COUNTY OFFICERS.

ate, and whose powers and duties shall be prescribed by law.

4. There shall be a sheriff, a county treasurer, and one or more coroners, a register of deeds and a county surveyor, chosen by the electors in each of the several counties once in every two years, and as often as vacancies shall happen. The sheriff shall hold no other office, and shalt not be capable of holding the office of sheriff longer than four in any term 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; but the county shall never be made responsible for the acts of the sheriff.

2. A State Treasurer shall be appointed by a joint vote of the two houses of the Legislature, and shall hold his office for the term of two years.

3. There shall be an Auditor General and an Attorney General for the State, and a prosecuting attorney for each of the respective counties, who shall hold their offices for two years, and who shall be appointed by the Governor by and

2. All impeachments shall be tried by the Senate. When the Governor or Lieutenant Governor shall be tried, the chief justice of the Supreme Court shall preside. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try and determine the charge in question according to the evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgtend further than to removal from office; ment in cases of impeachment shall not ex but the party convicted shall be liable to indictment and punishment according to

law.

3. For any reasonable cause, which shall not be sufficient ground for the impeachment of the judges of any of the courts, the Governor shall remove any of them on the address of two-thirds of each branch of the Legislature; but the cause or causes for which such removal may be required shall be stated at length in the address.

4. The Legislature shall provide by law for the removal of justices of the peace,

State will permit, the Legislature shall provide for the establishment of libraries, one at least in each township; and the money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines assessed in the several counties for any breach of the penal laws, shall be exclusively applied for the support of said libraries.

5. The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States to this State for the support of a University; and the funds accru

2. The Legislature shall provide for the efficient discipline of the officers, commissioned and non-commissioned, and musicians, and may provide by law for the organization and discipline of volunteer coming from the rents or sale of such lands, or panies.

3. The Legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school, may be deprived of its equal proportion of the interest of the public fuud. 4. As soon as the circumstances of the