The Weekly Minnesotian. [volume], September 05, 1857, Image 2

About The Weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858

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O WKNS & JtOOEE,
\ OLi m 6,
THE CONSTJTUTION
THE STATE OF XIHHBSOTA.
Adopted In C'onTeaaoi..,, 9tH*r An
«u»« 98, 181)
SIGNED by THE or ICERB AND MEMBERS OP THE
CONVEX TIOH, AV6UBT 99,
d n>r«W)f vitH+e JtnrolM
tMe Seor^a,y qTU4 TirrUory.
r, the people of the State of Minesota,
rateful to God for r»r civil and Higious lib
erty, and desiring to perpetuate its blessings,
a Ti d secure the same to ourselves and our pos
t itv. do ordain and establish this Constitu
tion : *
Section 1. Government is instituted for
'ho security, benefit and protection of the
popple, in whom all political power is inhe
rent, together with the right to alter, modify
or reform such Government; -whenever tho
public good may require it.
Sec. 2. N o member of this State shall
be disfranchised, or deprived of any of the
rights or privileges secured to any citizen
then f. unlcs- by tie law of the land, or the
judgment of his peers. There shall be nei
ther slavery no. involuntary servitude in the
State otherwise than in the punishment of
crime wi:i roof the pat ty shall have been duly
convicted. ' , ....
;1
i i
$
£ The liberty of the pressshall forev
er remain inviolate. aud all persons may free
ly sp-ak, write aud publish their sentiments
on all subjects, being ' sponsible for the abuse
of such right.
Sec. 4. The right of trial by jury shall
remain inviolate, and shall extend to all cases
at law w: Tout regard to the amount in con
- trovers;, but a jury trial may be waived by
the par in all cast s, m the manner prescrib
ed by law.
Sec. 5. E xccssivo bail shall not be requir
c nor shall excessive fines be imposed , nor
si 1 cruel or unusual punishments be inflic
Sec. i). In all criminal prosecutions the
r.cc,;'od shall enjoy tho right to a speedy aud
public trial by an impartial jury of the Coun
ty or District wherein the crime shall have
been committed, which County or District
Gull have been ; rev.oasly ascertained by law,
o bo informed of the nature aud cause
of r he accusation, to be confronted with the
w 'i\sse, against him, to have compulsory
obtaining witnesses in his favor,
■a i !■-. have the assistance of counsel in his
t
f '.’c. riminal otfrinco unless on ths present
ment ar in lictmentof a Grand .Jury, except
in ca-.-s of imp.achmeut or in cases cognisa
ble by Justices "f the Peace, or arising in the
A' my N’avv. or in the militia wh n in ac
t mi service ir timt of war or public danger,
a ino person frir the same offence shall be
put twice in jeopardy of punishment, nor
shall he compelled in any criminal case to be
witness against himself nor be deprived of
file, liberty, or property without due process
o( law. All perto it shall before conviction
be builuhi*- v a.onuent oureties, except for
offences, when the proof is evident or
the pre-iimprion great and the privilege of
i of habeas corpus shall not be snspen
•!■* 1, uiile-s, when in cast's of rebellion or in
a'doo, the public safety may require,
t-rio. 8. Every person is entitled to a cer
tain remedy in the laws for all injuries or
wron. s which be may icceive in bis person,
property or characler : he ought to obtain
jii-ttce freely and without purchase; complete
'v, anti without denial; promptly and with
out delay, conformably to the laws.
>ec. ‘J. Treason against the State shall
con -i t only in levying war against the same
or a iiieringto it., enemies, giving them aid
a ’• ‘ mfort. N o person shall be convicted
of T” i son uni "is on the testimony of two
wit e- -to the same overt act, or on con
fession in open court.
Sec. 10. The right of the people to be
seev s: in their pa -sobs, houses, papers and ef
■cta. against m:reasonable searches and seiz
ure- shall not be violated,' and no warrant
sh ii'issue but ii) n probable cause, supported
bv oath or affirmation, and particularly de
scrioing the place to be searched, and the
pcr=un or things to be seized.
Sec. 11. Xo bill of attainder, px post fae~
l > law, nor nny law impairing the obligation
of contracts shai! ever tie passed, and no con
vict mn shall work corruption of blood or for
feiture of estate.
Bee. 12. No person s'iall be imprisoned
for lebt in this State, hut this shall not pre
\ nt the Legislature from providing; for im
j nsonment or holding to hail persons eharg
t 1 .nth fraud in extracting said debt. A
mis' nable amount of property shall be ex
empt from seizure or sale, for the payment of
any debt or liability ; the amount of such ex
eiuotiou shall be determined by law.
Sec. 13. Private property shall not be ta
ken lor public u-e without just compensation
therefor, first paid and secured.
> e. 14. Tuc military shall he subordinate
to 'tic civil power, and io standing army
be keptnp in this Sta.e io 'ime of peace.
Sec. 15. All lands within this State are
declared to be allodial, and feudal tenures of
every description, with all their incidents, are
prohibited. Leases and grants of agricultu
ral land for a longer period than twenty-one
years, hereafter made, in which shall be re
served any rent or service of any kind, shall
bo void. ,
!" c. 10. The enumeration of rights in
tlii.-' Constitution shall not be construed to
deny or impair others retained by and inher
ent in the people. The right of every man
t ■ worship (lod according to the dictates of
his own c nsekmoe shall never be infringed;
rmr -ball any man be compelled to attend,
ere t, or support any place of worship, or to
maintain any religious or ecclesiastical minis
try against his consent; nor shall any control
of, or interference with the rights of con
science he pern itte 1, or any preference be
given bv law to any reli. ious establishment
or mode of worship; hut tb« liberty of con
science hereby secured, so*U not be so con
a rm.-d as to excuse act 'of licentiousness or
practices inconsistent with the peace
or satiny of the Bute; nor shall any money
be dr*w'i from the treasury for the benefit of
any religious societies, or religious or theo
logical seminaries.
Bee. 17. No religious test or amount of
property shall ever be required as a qualfica*
tioa for any office of public trust under the
State. No religious test or amount of pro
perty shall ever be required ah a qualification
of any voter at auy election in this State ;
nor shall any person be rendered incompe
tent to give evidence in any court of law or
equity in consequence of hie opinion upon the
subject of religion.
Section 1. This State shall be called and
known by the name of the State of Minneso
ta, and shall consist of and have jurisdiction
over the Territory embraced in the following
boundaries, to wit: Beginning at the point
in the center of the main channel of the Red
river of the North, where the boundary line
between the United State* and the British
Possessions crosses the same ; thence up the
main channel of said river to that ef the
Bois des Sioux river; thence np the main
channel of said river to Lake Traverse; thence
up the center of said Lake th the southern ex
tremity thereof; thenoe in.* direct line to
head of Big Stone Lake; thence through its
center to its outlet; thence bv a due south
line to the north line of tbe Mate of Iowa;
thence oast along the northern boundary, of
said State to the main charnel of the Miasiaa-
THE WEEKLY MINNESOTIAN
* > in *rn— i iHfcg
m.KAMBUt
ARTICLE FIRST.
&i’ : (/Bight».
Xo person snail be held to answer
ARTICLt. SECOND.
On Xante and Boundaries.
INTENTIONAL DUPLICATE EXPOSURE
Ippi river; thence up the main channel ofaaid
river, and following the boundary line of the
State of Wisconsin; until the same intersects
the St Louis river; thence down the said
river to and through Lako Superior, on the
boundary line of Wisconsin and Michigan,
until it intersects the dividing line between
the United States and British Possessions;
thence up Pigeon river, and following said di
viding liue to the place of beginning.
Sec. 2. The State of Minnesota shall
have concurrent jurisdiction on the Mississippi
and all other rivers and waters bordering
on the said State of Minnesota, so far as the
same shall form a common boundary to said
State, and any other State or States now < r
hereafter to be formed by the same ; and
said river and waters, *nd navigable waters
leading into the same, shall be common high
ways, and forever free, as well to the inhabi
tants of said State as to other citizens of the
United States, without any tax, duty, impost
or toll therefor. •
Sec. 3. The propositions contained in the
aclof Congress entitled “An Act to authorize
tylpeople of the Territory of Minnesota to
form a Constitution and State government
preparatory to their admission into the
Union on an equal footing with the original
States,” are hereby accepted, ratified, and
confirmed, and Bhall remain irrevocable
without the consent of the United States ;
and it is hereby ordained that this State shall
never interfere with the primary disposal of
the soil within the same, by the United
States, or with any regulation Congress may
find necessary for securing the title to said
soil to bona fide purchasers thereof; and no
tax shall be imposed on lands belonging to
the United States, and in no case shall non
resident proprietors be taxed higher than
residents.
ARTICLE THIRD.
of the Powers of Government.
Section 1. The powers of the government
shall be divided into three distinct Depart
ments, the Legislative, Executive and Judicial;
and uo person or persons belonging to or con
stituting one of these Departments, shall ex
ercise any of the powers properly belonging
to either of the others, except in the instan
ces expressly provided in this Constitution.
ARTICLE FOURTH.
Legislative Department.
Section 1. The Legislature of the State
shall consist of a Senate and House of Repre
sentatives, who shall meet at the Seat of
Government of the State, at such times as
shall be prescribed by law.
Sec. 2. The number of members who com
pose the Senate and House of Representa
tives shall be prescribed by law, but the rep
resentation in the Serato shall never exceed
one member for every five thousand inhabi
tants, and in the House of Representatives
one member for every two thousand inhabi
tants. The representation in both Houses
shall be apportioned equally throughout the
ditlerent sections of the State, in proportion
to the population thereof, exclusive of In
dians not taxable- under the provisions of
law.
Sec. 3. Each House shall be the judge of
the election returns, and eligibility of its own
members; a majority of each shall constitute
a quorum to transact business* but a smaller
number may adjourn from day to day, and
compel the attendance of absent members in
such manner and under such penalties as it
may provide.
Sec. 4 Each House may determine the
rules of its proceedings, sit upon its own ad
{ournment, punish its members for disorder! v
jehavior, and with tho concurrence of two
thirds, expel a member, but no member shall
be expelled a second time for the same of
fence.
Sec. 5. The ITouso of Representatives
shall elect its presiding officer, and the Sen
ate and House of Representatives shall elect
such other officers as may be provided by
law; they shad keep Journals of their pro
cecdings, and from time to time publish the
same, and tho yeas and nays, when taken on
any question, shall be entered on such Jour
nals.
Sec. 6. Neither House shall, during a Ses
sion of the Legislature, adjourn for more than
three .days, (Sundays excepted,) nor to any
other place than that in which the two Hous
e-' shall be issembled, without the consent of
the other. House.
Sec. 7. The compensation of Senators
and Representatives shall be three dollars per
diem during the first Session, but may after
wards be prescribed by law. But no increase
of compensation shall be prescribed which
shall take effect daring the period for which
the members of the existing House of Repre
sentatives may have been elected.
Sec. 8. The members of each House shall
in all cases, except treason, felony, aud breach
of the peace, be privileged from arrest during
the Session of their respective Houses, and
in going to or returning from the same. For
any speech or debate in either House they
shall not be questioned in any other place.
Sec. 9. No Senator or Representative
shall, (hiring the time for which he is elected,
hold any office under the authority of the
United States, or the State of Minnesota, ex
cept that of Postmaster ; and no Senator or
Representative shall hold an office nnder the
State, which had been created, or the emolu
ments of which had been increased during the
Session of the Legislature of which he was a
member, until one year after the expiration
of his term of office iu the Legislature.
Sec. 10. All Bills for raising a revenue
shall originate in the House of Representa
tives, but the Senate may propose and con
cur with amendments, as on other Bills.
See. 11. Every Bill which shall have passed
•the Senate and House of Representatives, in
conformity to the rules of each House and
the Joint Rules of the two Houses, shall, be
fore it becomes a law, bo presented to the
Governor of the State. If he approve, he
shall sign and deposit it in the office of Sec
retary of State for preservation, and notify
the House where it originated of the fact.—
But if not, he shall return it with his objec
tions to the House in which it shall have ori
ginated, when such objections shall be entered
at large on the Journal of the same, and the
House shall proceed to reconsider the Bill,
ff, after such reconsideration, two-thirds of
that House shall agree to pass the Bill, it
shall be sent, together with the objections, to
the other House, by which it shall likewise be
reconsidered, and if it be approved by two
riiirds of that House, it shall become a law.
But in all such cases the votes of both Hous
es shall be determined by yeas and nays, and
v® !l*™ e 3 l ' ie persons voting for or against
the Bill shaH bo entered on the Joutnal of
each House respectively. If any Bill shall
not be returned by the Governor within three
days (Sundays exceptedj after it shall have
been presented to him, the same shall be a
aw .nlike manner as if he had signed it, un
less the Legislature, by adjournment within
that time, prevent its return, in which case it
shall not be a law. The Governor may ap
prove, sign, and file in the office of the Secre
tary of State, within three days after the ad
j urnmeot of the Legislature, any act passed
during the three last days ot the session/and
the same shall become a law.
Sec. 12. No money shall be appropriated
except by bill. Every order, resolution or
vote requiring the concurrence of the two
Houses, (except such as relate to the busi
ness or adjournment of the same,) shall be
presented Co tbe Governor for his signature,
and b 4>re the same shall take effect, shall
be approved bv him, or being returned by
him with bis objections, shall be re passed by
two-thuds of the members of the two Hou
ses, according to the rules nod limitations
prescribed in case ofJpMff. 3;ii 1] "
- Sec. Is. Tne style nf att“ laws of this
State shall be: “Be it enacted by the Leg
islature of the State of Minnesota.” No
SAINT PAUL, MINNESOTA TERRITORY, SATURDAY MORNING, SEPTEMBER 5, 1857.
law shall be passed unless voted for by a ma
jority of all the members elected to each
branch of tho Legislature, and the vote en
tered upon the journal of each House.
’ Bea 14.' The House of Representatives
shall have the sole power of impeachment,
through a concurrence of a majority of all
the members elected to seats therein. All
impeachments shall be tred by the Senate;
and when sitting for that purpose the Sena
tors shall be upon oath or affirmation to do
justice accordi gto law and evidence. No
person shall be convicted without the con
currence of two thirds of the members pre
sent.
Sec. 15. The Legislature shall have full
power tc exclude from the privilege of elect
ing or being elected, any person convicted
of bribery, perjury, or any other infamous
crime.
Sec. 16. Two or more members of either
House shall have liberty to dissent and pro
test against any act or resolution - which
they may think injurious to tlic public or to
any individual, and have the reason of their
dissent entered on the Journal.
Sec. 17. The Governor shall issue writs
of election to fill such vacancies as may oc
occur in either House of tfye Legislature.—
The Legislature shall prescribe by law the
manner m which evidence in cases of con
tested seats in either House shall be taken.
Sec. 18. Each House may punish by
imprisonment, during its session, any person
not a member, who shall be guilty of any
disorderly or contemptuous behavior in their
presence, but no Bach imprisonment shall at
any time exceed twenty four hours.
Sec. 19. Each House shall be open to
to the public during the sessions thereof ex
cept in such cases as in their opinion may
require secrecy.
Sec. 20. Every bill shall be read on three
different days in each separate House, unless
in case of urgency, two-thirds of the House
where such bill is pending, shall deem it
expedient to dispense with this rule, and no
bill shall be passed by either House until it
shall have been previously read twice at
length.
Sec. 21. Every bill having passed both
Houses, shall be carefully enrolled, and
shall be signed by the presiding officer of
each House. Any presiding officer refusing
to sign a bill which shall have previously
passed both Houses, shall hereafter be inca
pable of holding a seat in either branch of the
Legislative Assembly, or hold any other office
of honor or profit in the State; and in case
of 6ucli refusal, each House shall, by rule,
Erovide the manner in which such bill shall
e properly certified for presentation to the
Governor.
Sec. 22. No bill shall be passed by either
House of tho legislature upon the day pre
scribed for the adjournment of the two Hou
ses. But this section shall not be so constru
ed as to preclude the enrollment of a bill,
or the signature and passage from one House
to the other, or the reports thereon from com
mittees, or its transmission to the Executive
for his signature.
Sec. 23. The Legislature shall provide
by law for an enumeration of the inhabitants
of th s State in the year one thousand eight
hundred and sixty-five, and every tenth year
thereafter. At their jfirst session after
each enumeration so made, and also at their
first session after each enumeration made by
the authority of the U. S., the Legislature
shall have the power to prescribe the bounds
of Congressional, Senatorial and Representa
tive districts, and to apportion anew the Sen
ators nd Representatives among the several
districts, according to the provisions of sec
tion second of this article.
Sec. 24. The Senators shall also be cho
sen by single districts of convenient contigu
ous territory, at the same time that the mem
bers of the House of Representatives are re
quired to be chosen, and in the same manner;
and no repre-entative district shall be divided
in the formation of a Senate District. The
Senate districts shall be numbered in regular
series, and the Senators chosen by the dis
tricts designated by odd numbers, shall go
out of office at the expiration of the first
year, and the Senators chosen by the dis
tricts designated by even numbers shall go out
of office at the expiration of the second year;
and thereafter the Senators shall be chosen
for the term of two years, except there sh ill
bean entire new election of all the Senators
at the election next succeeding each new ap
portionment provided for in this article.
Sec. 25. Senators and Representatives
shall be qualified voters of the State, and
shall have resided one year in the State, and
six months immediately preceding the elec
tion in the district from which they are elec
ted.
Sec. 26. Members of the Senate of the
United States from this State shall be elected
by the two Houses of the Legislature, in joint
Convention, at such times and in such man
ner as may be provided by law.
Sea 27. No law shall embrace more than
one subject, which shall be expressed in its
title.
Sec. 28. Divorces shall Dot be granted by
the Legislature.
Sefc. 29. All members and officers of both
branches of the Legislature shall, before en
tering upon the duties of their respective
trusts, take and subscribe an oath or affirma
tion to suppbrt the Constitution of the Uni
ted States, the Constitution of the State of
Minnesota, and faithfully and impartially to
discharge the duties devolving upon him as
such member or officer.
Sec. 30. In all elections to be made by
the Legislature, the members thereof shall
vote viva voce, and their votes shall be enter
ed on the Journal.
Bee. 31. The Legislature shall never au
thorize any lottery, or the sale of lottery tick
ets.
Section 1. The Executive Department
shall consist of a Governor, Lieutenant Gov
ernor, Secretary of State, Auditor, Treasurer,
and Attorney General, who shall be chosen
by the electors of the State.
Sec. 2. The returns of every eleetjon, for
the officers named In the foregoing section,
shall be made to the Secretary of State, and
by him transmitted to the Speaker of the
House of Representatives, who shall cause
the same to be opened and canvassed before
both Houses of the Legislature, and the re
sult declared within three days after each
House shall be organized. •
Sec. 3. The term of office for the Gover
nor and Lieutenant Governor shall be two
years, and until their are chosen
and qualified. Each shall have attained the
age of twenty-five (25) years, and shall have
been a bona fide resident of tbe State for one
year next preceding his election. Both shall
be citizens of the United States.
Sec. 4. The Governor shall communicate
by message to each session of the Legislature,
such information touching the state and con
dition of the country as he may deem expedi
ent. He shall be commander-in chief of the
military and naval forces, and may call oat
such forces to execute the laws, to suppress
insurrection and to repel invasion. He may
require the opinion, in writing, of the princi
pal officer in each of the Executive Depart
ments, upon any subject relating to the du
ties of their respective offices, and he shall
have power to grant reprieves and pardons
after conviction for offences against the State,
except In cases of impeachment. He shall
have Ppwer, by and with the advice and con
sent of the Senate, to appoint a State Libra-*
nan and Notaries Public, and such other offi
cers as may be provided by law; he shall have
power to appoint Commissioners to take the
acknowledgement of Deeds or other instru
ments in writing, to be used in the State.—
He shall have a negative upon all laws passed
ARTICLE FIFTH.
Erecutire Department.
(OFFICE OIST THIRD ©T., BELOW CEDAR.)
by the Legislature under such rules and limi
tations as are ia this Constitution prescribed.
He may on extraordinary occasions convene
both Houses of the Legislature. He shall
take care that the laws be faithfully execut
ed, fill any vacancv that may occur in the of
fice of Secretary of State, Treasurer, Auditor,
Attorney General, and sush other State and
District offices as may be hereafter created
by law, until the next annual election, and
until their successors are chosen and quali
fied.
Sec. 5. The official term of the Secretary
of State, Treasurer and Attorney General
shall be two years. The official term of the
Auditor shall be three years, and each shall
continue in office until his successor shall
have been elected and qualified. The Gov
ernor’s salary for the first term under this
Constitntion shall be two thousand five hun
dred dollars per annum. The salary of the
Secretary of State for the first term shall be
fifteen hundred dollars per annum. The Au
ditor, Treasurer and Attorney General shall
each, for the first term, reot ive a salary of
one thousand dollars per annum. And the
further duties and salaries of said Executive
officers shall each thereafter be prescribed by
law.
Sec. 6. The Lieutenant Governor shall
be ex officio President of the Senate, and in
case a vacancy should occur, from any cause
whatever, in the office of Governor, he shall
be Governor during such vacancy. The com
pensation of lieutenant Governor shall be
double the compensation of a State Senator.
Before the close of each session of the Senate
they shall elect a President protempore, who
shall be Lieutenant Governor in case a va
cancy should occur in that office.
Sec. 7. The term of each of the Execu
tive offices named in this article, shall com
mence upon taking the oath of office, after
the State shall be admitted by Congress into
the Union, and continue until the first Mon
day in January, 1860, except the Auditor,
who shall continue In office until the first
Monday in January, 1861, and uutil their
successors shall have been duly elected and
qualified.
Sec. 8. Each officer created by this Ar
ticle, shall before entering upon his duties,
take an oath or affirmation to support the
Constitution of the United States, and of
this State, and faithfully discharge the du
ties of his office to the best of bis judgment
and ability.
Sec. 9. Laws shall be passed at the first
session of the Legislature after the State is
admitted into the Union to carry out the
provisions of this Article.
ARTICLE SIXTH
Judcial.
Section. 1. The Judicial power of the
State shall be vested in a Supreme Court,
District Courts, Courts of Probate, Justices
of the Peace, and such other Courts, inferior
to the Supreme Court, as the Legislature
may from time- to time establish by a two
thirds vote.
Sea 2. The Supreme Court shall consist
of one Chief Justice and two Associate
Justices, but the number of Associate Jus
tices may be increased to a number not ex
teeding four, by the Legislature, by a two
chirds vote, when it shall be deemed necessa
ry. It shall have original jurisdiction in such
remedial cases a 3 may be prescribed by law,
and appellate jurisdiction in all cases, both
in law and equity, but there shall be no trial
by jury in said Court. It shall hold one or
more terms in each year, as the Legislature
may direct, at the Seat of Government, and
the Legislature may provide by a two-thirds
vote, that one tenn in each year shall be held
in each or any Judicial District. It shall be
the duty of such Court to appoint a Repor
ter of its decisions. There shall be chosen
by' the qualified electors of the State, one
Clerk of the Supreme Court, who shall hold
his office for the term of three years, and un
til his successor is duly elected and qualified,
and the Judges of the Supreme Court, or a
majority of them, shall have the power to fill
any vacancy in the office of Clerk of the Su
preme Court until an e ection can be regularly
had.
Sec. 3. The Judges of the Supreme Court
shall be elected by the electors of the State
at large, and their term of office shall be sev
en years and until their successors are elected
and qualified.
Sec. 4. The State shall be divided by the
Legislature into six Judicial Districts, which
shall be composed of contiguous territory, be
bounded by county lines, and contain a pop
ulation as nearly equal as may be practioble.
In each Judicial District, one Judge shall be
elected by the electors thereof, who shall con
stitute said Court and whosc lerm of office
shall be seven years. Every District Judge
shall, at tbe time of his election, be a resident
of the District for which he shall be elected,
and shall reside therein during' his continu
ance in office.
Sec. 5. The District Courts shall have
original jurisdiction in all civil cases, both in
law and equity, where the amount in contro
versy excels one hundred dollars, and in all
criminal cases where the punishment shill ex
ceed three months imprisonment, or a fine of
more than one hundred dollars, and shall
have such appellate jurisdiction as may be
prescribed by law. The Legislature may
provide by law that the Judge of one Dis
trict may discharge tbe duties of the judge
of any other District not his own, when con
venience or the public interest may reqaire it.
Sec. 6. The Judges of the Supreme and
District Courts shall be men learned in the
law, and shall receive such compensation, at
stated times, as may be prescribed by the
Legislature, which compensation shall not be
diminished duringtheir continuance in office,
but they shall receive no other fee or re
ward for .their services.
Sec. 7. There shall be established in each
organized county in the State a Probate
Court, which shall be a court of Record, and
be held at such times and places as may be
prescribed by law. It shall be held by one
Judge, who shall be elected by the voters of
the the county, for the term of two years.—
Ho shall be a resident of such county At tbe
time of his election, end reside therein during
his continuance in office, hnd his compensa
tion shall be provided by law. Ho may ap
point his own Clerk, where none has been
elected, but the Legislature may authorize
tbe election by the electors of any couuty, of
one Clerk or Register of Probate for such
county, whose powers, duties, term of office
and compensation Bhall be prescribed by law.
A Probate Court shall have jurisdiction over
the estates of deceased persons, and persons
under guardianship, but no otberjnrisdiction
except as prescribed by this Constitution.
Sec. 8. The Legislature shall provide for
the election a sufficient number of Justices
of the Peace in each County, whose term
of office shall be two years, and whose da
ties and compensation shall be prescribed by
law; Provided, That no Justice o' tbe
Peace shall have jurisdiction of any civil canse
where the amount in controversy shall ex
ceed one hundred dollar-', nor in a criminal
cause,where the punishment shall exceed three
months imprisonment, or a fine of over one
hundred dollars, nor in any cause involving
the title to real estate.
Sec. 9. All judges other than those pro
vided for in this Constitution shall be elec
ted by Ihe electors of the Judicial district,
connty or city, for which they shall be crea
ted, not for a longer term than seven years.
Sec. 10. In case the office of any J udge
shall become vacant before 'the expiration of
the regular term for which he was elected,
the vacancy shall be filled by appointment by
the Governor until a successor is elected and
qualified. And anch successor shall be
elected at the first annual election that
occurs more than thirty, days after tbe vacan
cy shall have happened.
Sec. 11. The Justices of the Supreme
Court and the District Court shall hold no
office under the United States, nor any othet
office under this State. And all votes for
either of them for any elective office under
this Constitution, except a Judicial Office,
given by the Legislature or the people, du
ring their continuance in office shall be void.
Sec. 12. The Legislature may at any
time change the number of Judicial Districts,
or their boundaries, when it shall be deem
ed expedient, but no such change shall va
cate the office of any Judge.
Sec. 13. There shall be elected in each
county where a District Court shall be held,
one Clerk of said Court, whose qualifications,
duties and and compensation snail be pre
scribed by law, and whose term of office
shall be four years.
Sec. 14. Legal pleadings and proceedings
ill the Courts of this State shall be under the
direction of the Legislature. The 6tyle of
all processs shall be “ The Stato of Minnesota,”
and all indictments shall conclude “ against
the peace and dignity of the State of Minne
sota.”
S’ea 15. The Legislature may provide for
the election of one person in each organized
county in this State called a Court
Commissioner, with Judicial power and juris
diction not exceeding the power and jurisdic
tion of a Judge of the District Court at
Chambers, or the Legislature may instead of
such election, confer such power and jurisdic
tion upon Judges of Probate in the State.
ARTICLE SEVENTH.
Elective Franchise.
Section 1. Every male person of the age
of*twenty-»ne years or upwards, belonging to
either of the following classes, who shall have
resided in the United States one year and in
this State for four months next preceding any
election, shall be entitled to vote at such elec
tion, in tlfe election district of which he shall
at the time have been for ten days a resident,
for all oflcers that now are, or hereafter may
be, elective by the people:
Ist. White citizens of the United States.
2d. White persons of foreign birth, who
shall have declared their intention to become
citizens r couformably to the laws of the Uni
ted Status upon the subject of naturalization.
3d. Persons of mixed white and Indian
blood, who have adopted the customs and
habits of civilization.
Persons of Indian blood residing in
this Slate, who have adopted the language,
customs and habits of civilization, after an ex
amination before any District Conrt of the
State, in such manner as may be provided by
law, and shall have been pronounced by said
Court capable of enjoying the rights of citi
zenship within the State.
Sec. 2. No person not belonging to one
of the classes specified in the preceding sec
tion; no person who has been convicted of
treason or any felony, unless restored to civil
rights, and no person under guardianship, or
who may be non compos mentis or insane, shall
be entitled or permitted to vote at any elec
tion in this State.
Sec. 3. For the purpose of voting, no perr
son shall be deemed to have lost a residence
by reason of his absence while employed in
the service of the United States; nor while
engaged upon the waters of this State or of
the United States ; nor while a student of
any seminary of learning; nor while kept at
any alms-house or other asylum ; nor while
confined in any public prison.
Sec. 4. No soldier, seaman, or marine in
the army or navy of the United Stales, shall
be deemed a resident of this State in conse
quence of being stationed within the same.
Sec. 5. During the day on which any
election shall be held, no person shall be ar
rested by virtue of any civil process.
Sec. 6. All elections shall be by ballot,
except for such town officers as may be di
rected by law to be otherwise chosen.
Sec. 7. Every person who, by the provis
ions of this article shall be entitled to vote at
any election, shall be eligible to any office
wl ich now is, or hereafter shall be, elective
by the people in the district wherein he shall
have resi<led thirty days previous to such
election ; except as otherwise provided in this
Constitution, or the Constitution and Laws
of the United States.
ARTICLE EIGHTH.
School Funds, Education and Science.
Section 1. The stability of a republican
form of government depending mainly upon
the intelligence of the people, it shall be the
duty of the Legislature to establish a general
and uniform system of public schools.
Sec. 2. The proceeds of such lands as arc
or hereafter may be granted by the United
States for the use of Schools within each
township in this State, shall remain a perpet
ual school fund to the State, and not more
than one-third (1-3) of said lands may be
sold in two (2) years, one-third (1-3) in five
(5) years, and one-third (1-3) in ten (10)
years ; but the lands of the greatest valuation
shall be sold first, provided that no portion of
said lands shall be sold otherwise than at
public sale. The principal of all funds aris
ing from sales, or other disposition of lands,
or other property, granted or entrusted to
this State in each township for edncational
purposes, shall forever be preserved inviolate
and undiminished; and the income arising
from the lease or sale of said school lands
shall be distributed to the different townships
throughout the Slate, in propoition to the
number of scholars in each township between
the ages of five and twenty-one years, and
shall be faithfully applied to the specific ob
jects of the original grants or appropriations.
Sec. 3. The Legislature shall make such
provisions, by taxation or otherwise, as, with
the income arising from the school fund, will
secure a thorough and efficient system of
Public Schools in each township in the
State.
Sec. 4. The location of the University of
Minnesota, as established by existing laws, is
hereby confirmed, and said institution is here
by declared to be the University of the State
of Minnesota. All the rights, immunities,
franchises and endowments heretofore grant
ed or conferred, are hereby perpetuated unto
the said University, and all lands which may
be granted hereafter by Congress or other
donations for said University purposes shall
vest in the institution referred to in this Sec
tion.
ARTICLE NINTH.
Finances of the State, and Bank* and Banking.
Sec. 1. All taxes to be raised in this*
State shall be as nearly equal as may be,
and all property on which taxes are to be
levied shall have a cash valuation, and be
equalized and uniform throughout the State.
Sec. 2. The legislature shall provide for
an Annual Tax sufficient to defray the esti
mated expenses of the State for each year;
and whenever it shall happen that such
ordinary expenses of the State for any year
shall exceed the income of the State for 6uch
year, th» Legislature shall provide for levying
a Tax for the ensuing year sufficient with
other sources of income, to pay the deficien
cy of the preceding year, together with the
estimated expenses of such ensuing year.
Sec. 3. Laws shall be passed taxing all
moneys, credits, investments in bonds, stocks,
joint stock companies, or otherwise, and also
all real and personal property, according to
its trne value iu money; but public burying
grounds, public school houses, public hospi
tals, academics, colleges, universities, and all
seminaries of learning, all churches, church
property used for religious' purposes and
houses of worship, institutions of purely
public charity, public property used exclusive
ly for any public purpose, and persoriU pro
perly to an amount not exceeding in value
two hundred dollars for each individual, ahull t
by general laws, be exempt from taxation.
Sec. 4. Laws shall be passed for toying
the notes and bills disoouated,or purchase mo
neys loaned, and all other property, effects,
or due 3 of every description, of all banks,
and of all bankers; so that all property em
ployed in banking shall always be subject to
a taxation equal to that imposed on the pro
perty of individuals.
Sec. 5. For the purpose of defraying ex
traordinary expenditures, the State may con
tractpublic debts, but such debts shall never
in the aggregate exceed two hundred and
fifty thousand dollars; every such debt
shall be authorized by law, for some single
object to be distinctly specified therein ; and
no such law shall take effect until it shall
have been passed by the vote of two-thirds
of the members of each branch of the Legisla
ture, to be recorded by yeas and nays on the
Journals of each House respectively ; and
every such law shall levy a tax annually suf
ficient to pay the annual interest of such
debt, and also a tax sufficient to pay the
principal of such debt within ten years from
the final passage of such law, and shall spe
cially appropriate the proceeds of such taxes
to the payment of such principal and interest;
and such appropriation and taxes shall not be
repealed, postponed or diminished until the
Erincipal and interest of such debt have
een wholly paid. The B‘ate shall never
contract any debts for works of internal im
provement, or be a party in carrying on such
works, except in cases where grants of land
or other property shall have been made to
the State especially dedicated by the grant
to specific purposes; and in such cases the
State shall devote thereto the avails of such
grants, and may pledge or appropriate the
revenues derived from such works in aid of
their completion.
Sec. 6. All debts authorized by the pre
ceding section shall be contracted by loan on
State bonds of amounts not less than five
hundred dollars each, on interest payable
within ten years after the final passage of the
law authorizing such debt; and such bonds
shall not be sold by the State under par. A
correct registry of all such bonds shall be
kept by the Treasurer, in numerical order, so
as always to exhibit the number and amount
unpaid, and to whom severally made paya
ble.
Sea 7. The State shall never contract
any public debt, unless in time cf war, to re
pel invasion or suppress insurrection, except
in the cases and in the manner provided in the
fifth and sixth sections of this Article.
Sec. 8. The money arising from any loan
mode or debt or liability contracted, shall be
applied to the object specified in the act au
thorizing such debt or liability, or to the re
payment of such debt or liability, and to no
other purpose whatever.
Sec. 9. No money shall ever be paid out
of the Treasury of this State, except in pur
suance of an appropriation by law.
Sec. 10. The credit of the State shall
never be given or loaned in aid of any indi
vidual, association or corporation.
Sec. 11. There shall be published by the
Treasurer, in at least one newspaper printed
at the seat of .government, during the first
week in January of each year, and in the
next volume of the Acts of the Legislature,
detailed statements of all moneys drawn from
the Treasury dunng the preceding year; for
what purposes, and to whom paid, and by
what law authorized; «nd also of all moneys
received, and by what authority, and from
whom.
Sea 12. Suitable laws shall be passed by
the Legislature for the fafe keeping, transfer,
and disbursement of the State and School
funds, and all officers and other persons charg
ed with the same shall be required to give
ample security for all moneys and funds of
any kind, to keep an accurate entry of each
sum received, and of each payment and trans
fer, and if any of said officers or other per
sons shall convert to his own use in any form,
or shall loau with or withont interest, contra
ry to law, or shall deposit in banks, or ex
change for other fund, any portion oftlhe
funds of the State, every such act shall be ad
judged to lie an embezzlement of so much ‘of
the State funds as shall be thus taken, and
shall he declared a ielony; and any failure to
pay over or produce the State or School funds
intrusted to such persons, on demand, shall
be held and taken to be prima facie evidence
of-such embezzlement.
Sec. 13. The Legislature may, by a two
thirds vote, pass a General Banking Law,
with the following restrictions and require
ments, viz:
First, The Legislature shall have no power
to pass anv law sanctioning in any manner
directly or indirectly, the suspension of specie
payments by any person, association or cor
poration issuing bank notes of any descrip
tion.
Second, The Legislature shall provide by
law for the registry of all bills or notes issu
ed or put in circulation as money, and shall
require ample security in United States stock
or State stocks for the redemption of the
same in specie, aud in case of a depreciation
of said stocks, or any part thereof, to the
amount of ten per cent, or more on the dol
lar, the bank or banks owning said stocks
shall be required to make up said deficiency
by additional stocks.
Third, The stockholders in any corpora
tion or joint association for banking purposes
issuing bank notes, shall be individually lia
ble in an amount equal to double the amount
of stock owned by them for all the debts of
such corporation or association, and such in
dividual liability shall continue for one year
after any transfer or sale of stock by any
stockholder or stockholders.
Fourth. In case of the insolvencv of any
hank or banking association, the bill holders
thereof shall be entitled to preference in pay
ment over all other creditors of such bank
or association.
Fifth, Any General Banking Law which
may be passed in accordance with this article
shall provide for recording the names of all
stockholders in such corporations, the amount
of stock held by each, the time of transfer,
and by whom transferred.
Of Corporation* hating no Banking PrltUtgr*.
Section 1. The term “ Corporations,” as
used in this article, shall be construed to in
clude all associations and joint stock compa
nies having any of the powers and privileges
not possessed by individuals or partnerships,
except such as embrace banking privileges,
and all corporations shall have the right to
sue, and shall be liable to be sued iu all
courts in like manner as natural persons.
Sec. 2. No corporation shall be formed
under special acts, except for municipal pur
poses.
Sec. 3. Each stockholder in any corpora
tion shall be liable to the amount of the stock
held or owned by him.
Sec. 4. Lands may be taken for public
way, for the purpose of granting to any cor
poration the franchise of way for public use.
In all cases, however, a fair and equitable
compensation shall be paid for such land, and
the damages arising from the taking of the
same ; but all corporations being common
carriers, enjoying the right of way in pursu
ance of the provisions of this section, shall
be bound to carry the mineral, agricultural
and other productions or manufactures on
equal aud reasonable terms.
Section 1. -The Legislature may, from time
to time, establish and organize new counties,
but no new county shall contain less than four
hundred square miles; nor shall.any conntv be
reduced below that amount; and all laws
changing county lines in counties already or
ganized, or for removing county seats shall,
i before taking efleet, be submitted to the
electors of the County or Counties to be af
fected thereby, at the next general election
after the passage thereof, and be adopted by
a majority of such electors. Counties now
f
ARTICLE TENTH,
ARTICLE ELEVENTH.
Counties and TowUhipe.
DEFECTIVE PAGE
EDITOR© AND ETJBUIBBqERa
established may be eltrged, bat sot reduced
below lour hundred 1400) square miles.
Sec. 2. The Legislature may organize any
city into a separate county when it has at
tained a population of twenty thousand in
habitants, without reference to geographical
extent, when a majority of the electors of the
county in which such city may be situated,
voting thereon, shall be in favor of separate
organization.
Sea 3. Laws may be passed providing
for the organization, for municipal and other
town purposes, of any Congressional or frac
tional townships in the several counties in
the State, provided that when a township is
divided by county lines, or does not contain
one hundred inhabitants, it may be attached
to one or more adjoining townships or parts
of townships, for the purposes aforesaid.
Sec. 4. Provision shall be made by law
for the election of such County or Township
officers as may be necessary.
Sec. 5. Any County and Township organ
ization shall have such powers of local taxa
tion as may be prescribed by law.
Sea 6. No money shall be drawn from
any Corner o.' Township treasury except by
authority ot law.
artFicle twelfth.
Qf the Militia.
Section 1. It shall be the duty of the Leg
islative Assembly to pass such laws for the
organization, dicipline and service of the Mi
litia of the State, as may be deemed neces
sary.
ARTICLE THIRTEENTH.
Impeachment and Removal from Ojflce.
Section 1. The Governor, Secretary, of
State, Treasurer, Auditor, Attorney General,
and the Judges of the Supreme and District
Courts, may be impeached for corrupt con
duct in office, or for crimes and misdemean
ors ; but judgment in such cases shall not
extend further than to removal from office
and disqualification to hold and enjoy any of
fice of honor, trust or profit, in this State.—
The party convicted thereof shall nevertheless
be liable and subject to indictment, trial,
judgment and punishment, according to law.
Sec. 2. The Legislature of this State may
provide for the removal of inferior officers
from office, for malfeasance or nonfeasance in
the performance of their duties.
Sec. 3. No officer shall exercise'the duties
ot his office after he shall have been impeach
ed and before his acquittal.
Sec. 4. On the trial of an impeachment
against the Governor, the Lieutenant Gov
ernor shall not act ac a member of the Court.
Sea 5. No person shall be tried on im
peachment before he shall have been served
with a copy thereof at least twenty days pre
vious'to the day set for trial.
ARTICLE FOURTEENTH. .
Amendments to the Constitution.
Sec. 1. Whenever a majority of both Houses
of the Legislature shall deem it necessary to
alter or amend this Constitution, they may pro
pose such alterations or amendments, which
proposed amendments shall be published with
the laws which have been passed at the same
session, and said amendments shall be submit
ted to the people for their approval or rejec
tion ; and if it shall appear in a manner to be
provided by law, that a majority of the voters
present and voting shall have ratified such al
terations or amendments,the same shall be valid
to all intents and purposes, as a part of this
Constitntion. If two or more alterations or
amendments shall be submitted at the same
time, it shall be so regulated that the voters
shall vote lor or against each separately.
Sec. 2. Whenever two-thirds of the members
elected to each branch of the Legislature shall
think it necessary to call a Convention to re
vise this Constitution, they shall recommend
to the electors to vote, at the next election for
members of the Legislature, for or against a
Convention ; and if a majority of all the elec
tors voting at said election, shall have voted
for a Convention, the Legislature shall, at their
next session provide by law for calling the
same. The Convention shall consist of as many
members as the House of Representatives, who
shall be chosen in the same manner, and shall
meet within three months after their election
for the purpose aforesaid.
ARTICLE FIFTEENTH.
Miscellaneous Subjects,
Sec. 1. The seat of Government of the State
shall be at the City of St. Paul, but the Legis
lature at their first, or any future Session, may
provide by law for a change of the seat of gov
ernment l»y a vote of the people, or may locate
the same upon the land granted by Congress
for a seat of Government to the State ; and in
the event of the seat of Government being re
moved from the City of St. Paul to any other
place in the state, the Capitol building and
grounds shall be dedicated to an institution for
the promotion of science, literature and the
arts, to be organized by the Legislature of the
State, and of which institution the Minnesota
Historical Society shall always be a depart
ment.
Sec. 2. Persons residing on Indian lands
within the State, shall enjoy all. the rights and
privileges of citizens as though they lived in
any portion ot the State, and shall be subject
to taxation.
Sec. 3. The Legislature shall provide for a
uniform oath or affirmation to be administered
at elections, and no person shall be compelled
to take any other or different form of oath to
entitle him to vote.
Sec. 4. There shall be a seal of the State,
which shall he kept by the Secretary of State,
and bn used by him officially, end shall be called
the Great Seal of the State of Minnesota, and
shall be attached to all official acts of the Gov
ernor, (his signature to acts and resolves of the
Legislature excepted 1 requiring authentication.
The Legislature shall provide for an appropri
ate device and motto for said seal.
Sec. 5. The Territorial prison as located
under existing laws, shall, after adoption
of the Constitution, be and remain one of the
State Prisons of the State of Minnesota.
ARTICLE SIXTEENTH.
Schedule.
Sec. 1. That no inconvenience may arise by
reason of a change from a Territorial to a penn
anent State Government, it is declared that all
rights, actions, prosecutions, judgments, claims
and contracts, as well of Individual ns of bod
ies corporate, shall continue as if no change
had taken place : and all process which may
be issued under the authority of the Territory
of Minnesota previous to its admission Into
the unioq of the United States, shall be as val
id a< if issued in the name of the State,
Sec. 2. All laws now in force in the Terri
tory of Minnesota not repngnant to this Con
stitution. shall remain in force until they expire
by their own limitation, or be altered or re
pealed by the Legislature.
Sec. 3. All fines, penalties or forfeitures
accruing to the Territory of Minnesota, shall
innre to the S'ate.
Sec. 4. All recognizances heretofore taken,
or which may be taken before the change from
Territorial to permanent State Gov
ernment shall remain valid,, and, shall
pass to, and may be prosecuted in the name
of the State ; and all bonds executed to the
Governor of the Territory, or to any other
officer or court iu his or their official capacity,
shall pass to the Governor or State authori
ty and their successors in office for the uses
therein respectively expressed, and may be
sued for and recovered accordingly ; and **'
the estate of property, real, persona), or
mixed, and all judgments, bonds, specialities,
choses in action, and claims and debts of what
ever description of the Territory of Minnesota,
shall inure to and vest la the State ofMln
nesota, and may be sued for and recovered to
the same manner and to the same ex *f n *
the state of Minnesota as the same could have
been by the Territory of Minnesota. All
criminal prosecutions and penal actions which
may have arisen or which may arise before the
chanae from a Territorial to a state govern
ment? and which shall then be pending, shall
be prosecuted to judgment and execution in
the name of the state. All offences committed
against the laws of the Territory of Minnesota
before the change from a territorial to a state
government and which shall not be prosecuted
before such change, may be prosecuted in the
name and by the anthority of the state of Min
nesota with like effect as though sack change
bad not taken place, and all penalties incurred
diall remain the same as if this Constitution
bad not been adopted. All actions at law and
suits in equity which may be pending in any
#
NUMBER SI.
of the court* of the Territory of Mlansarta at
the time of the change from a Territorial to a
state government may be oonttoMd aadtrans*
ferred to an court of the state which shall
have jurisdiction of the subject matter thereof.
Sec. 6. All territorial offioev% ctvfl and mi
litary, now holding their oflfees nader toe au
thonty of the United State*, or of toe Territory
of Minneeotft, shall continue to koU tad lx*
ere ice their respective offices until they «»»»H
be superseded by the authority of toe State. -
Sec. 6. The first session or the lesisfetare of
the State of Minnesota shall comaunee eo toe
first Monday of December next, and be
held at the Capitol in the city of St. PaoL
Sec. 7. The laws regulating the election
and qualification of all district, county and
precinct officers, shall continue and be in force
until the Legislature shall otherwise proride
by law.
Sec. 8. The President of toe Convention
shall, immediately after the adjournment there
of, cause this constitution to be deposited in
the office of the Governor of toe Territory; and
if after the submission of the same to a vote of
the people, as hereinafter provided, It shall ap
pear that it has been adopted by a vote of the
people of the State, then the Governor shall
forward a certified copy of the same, together
with an abstract of the votes polled for and
i against said constitution, to toe President of
the United States, to be by him laid before the
Congress of the United States.
Sec. 9. For the purposes of the first election
the state shall constitute one district, and shall
elect three members to the House of Represen
tatives of the United States.
Sec. 10. For the purposes of the first elec
tion for members of the State Senate and the
House of Representatives, the state shall be di
vided into senatorial and representative Dis
tricts as follows, vis: Ist District, Washington
county ; 2nd District, Ramsey county; Sd Dis
trict, Dakota county; 4th District, so much of
Hennepin county as lies west of the Mississippi;
sth District, Rice county ; 6th District, Good
hue county; 7th District, Scott county ; Bth
District, Olmstead county ; 9th District, Fill
more county ; 10th District, Houston county;
11th District, Winona county ; 12th District,
Wabashaw county : 13th District. Mower and
Dodge counties ; 14th District, Freeborn and
Faribault counties ; 15th District, Steele and
Waseca counties; 16th District, Bine Earth and
Lesueur counties ; 17th District, Nicollet and
Brown counties; 18th District, Sibley, Renville
and McLeod counties; 19th District, Carver
and Wright counties ; 20th District, Benton,
Stearns and Meeker counties; 21st District,
Morrison. Crow Wing, and Millie Lac counties;
22nd District Cass, Pembina and Todd count
ries ; 23d District, so much of Hennepin coun
ty as lies east of the Mississippi ■; 24th District,
Sherburne, Anoka and Manomin counties ;
25th District. Chisago, Pine and Isanti coun
ties ; 26th District, Buchanan, Carlton, St.
Louts, Lake and liaska counties.
See. 11. The counties of Brown, Steams,
Todd. Cass, Pembina and Renville, as applied
in the preceeding section, shall no* he deemed
to include any territory west of the State
line, but shall be deemed to include all coun
ties and parts of counties east of said line as
were created out of the territory of either, at
the last session of the Legislature.
See. J 2. The senators and representatives at
the first election shall be apportioned among
the several Senatorial and Representative Dis
tricts as fellows, to wit:
l«t District, 2 Senators, .... 8 Bepre’tirss
2d « .... 8 “ .... 6 «
8d “ .... % “ .... 5 ••
4th « 2 •• .... 4 «
sth “ 2 “ .... 8 “
6th « .... 1 “ .... 4 11
Tth « .... 1 « .... 8 “
Bth “ .... 2 “ .... 4 “
9th “ 2 « 6 •«
10th “ .... 2 « .... 8 “
11th . “ .... 2 “ .... 4 «
12th “ .... 1 « .... 8 "
18th *• .... 2 “ .... 8 “
14th « ... 1 « .... 8 “
15th “ .... 1 « .... 4 «
16th « .... 1 « .... 8 «
17th « .... 1 « .... 8 «
ISth « .... 1 « .... 8 “
19th “ .... 1 “ .... 8 “
20th “ .... 1 •« .... 8
«lit “ .... 1 « .... 1
22d 1 « .... 1 »-
23d « .... 1 .... 2 « '
24th « .... 1 1 “
25th “ .... 1 “ .... 1 •-
26th “ .... 5 « 1 «
87 SO
Sec. 13. The returns from ilie 22nd District
shall be made to and canvassed by the iadges
of election at the preciaot of Otter Tail City.
Sec. 14. Until the Legislature shall other
wise provide, the State shall be divided into
judicial Districts as follows, viz :
The coanties of Washington, Chisago, Ma
nats tot, Anoka, Isanti, Pine, Buchanan, Carlton.
St. Louis and Lake, shall constitute the First
Judicial District.
The conaiy of Ramsey shall constitute the
second Judicial District.
The counties of Houston. Winona, Fillmore,
Olmsted, and Wabkshaw, shall constitute the
Third Judicial District
The counties of Hennepin. Carver, Wright,
Meeker, Sherburne, Benton, Stearns, Morrison,
Crow Wing, Mille Lac, Itaaka. Pembina, Todd,
and Cass, shall constitute the Fourth Judicial
District.
The counties of Dakota, Good hue, Scott, Rice,
Steele, Waseca, Dodge, Mower and Proclaim
shall constitute the Fifth Judicial District.
The eounties of Le Sueur, Siblev. Nicollet.
Blue Earth, Faribault, McLeod .Renville,Brown,
and all other counties in the State not included
within the other districts shall constitute the
Sixth Judicial District.
Sec. 15. Each of the foregoing enumerated
Judicial Districts, may at the first election,
elect one Prosecuting Attorney for the District.
Sec. 16. Upon the second Tuesday the 13th
day of October, 1857. an election shall be held
for members of the House of Representatives
of the United States, Governor. Lieutenant.
Governor, Supreme and District Judges and
members of the Legislature, and ail other offi
cers designated in this constitution, and also
for the submission of this constitution to the
people for their adoption or rejection.
Sec. 17- Upon the dayso designated as afore
said, every free white male inhabitant over the
j age of twenty one years, who shall have resid
ed within the limits of foe State lor ten days
previous to the day of said election, may vote
for all officers to be elected under this constitu
tion at such election, and also for or against
the adoption of this constitution.
Sec. 18. In voting for or against the adop
tion of this constitution, the words “lor confu
tation.” or “against cdbntitulian,” may be
written or printed on foe ticket of each voter,
but no veter shall vote for or against this con
stitution on a separate ballot from that cast by
him for officers to be elected at said election
under this constitution ; and if upon the can
vass of the votes so polled, it shall appear that
there was a greater number of rotes polled for
than against said constitution, tbea this consti
tution shall be deemed to bo adopted as the
constitution of the State of Minnesota; and all
the provisions and obligations of this constitu
tion, and of the schedule hereunto attached,
shall thereafter be valid to all intents and pur
poses as the constitution of said state.
Sec. 19. At said election the polls shall be
opened, the election held, returns made and
certificates issued in all respects as 'provided
by law for opening, closing and conducting
elections and making returns of foe same, ex
cept as hereinbefore specified, and excepting,
also, that polls may be opened and election!
held at any point or points, in any of foe coun
ties where precincts may be established as pro
vided by law, ten days previous to foe day of
election, not less than ten miles from tto place
of voting in any established precinct.
See. 20. It shall be foe auty of the judges
and clerks of election, in addition to the re
toms required by law from each precinct, to
forward to the Secretary of foe Territory by
mail immediately after the close of foe elec
tion, a certified copy of the poll book, contain
ing the name of each person who has voted in
the precinct, and the number of votes polled
for each person for any office, and foe votes
polled for or against the adoption of foe con
stitution.
Sec. 21. The returns of said election for and
against this Constitution, and for all state
officers and members of the House of Represen
tatives of the United States, shall be made and
certificates issued in the manner now prescribed
by law for returning votes given for Delegate
to Congress, and the returns for all district
officers, judicial, legislative or otherwise, shall
be made to the Register of Deeds of the senior
county in each district, in the manner pre
scribed jty law, except m otherwise provided.
The returns for all officeneleoted at large shall
be canvassed by the Governor of the Territory
assisted by Joseph R. Brown and Thomas J.
Galbraith at the time deeigwated by law for