accord

ing oath or affirmation: "I do solemnly swear (or affirm,) that I will support the Constitution of the United States and the constitution of this State, and that I will faithfully discharge the duties of the office of ing to the best of my ability." And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.

Sec. 2. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law.

Sec. 3. No mechanical trade shall hereafter be taught to convicts in the State prison of this State, except the manufacture of those articles of which the chief supply for home consumption is imported from other States or countries.

Sec. 4. No navigable stream in this State shall be either bridged or dammed without authority from the board of supervisors of the proper county, under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams, or preclude the State from the further improvement of the navigation of such streams.

Sec. 5. An accurate statement of the receipts and expenditures of the public moneys shall be attached to and published with the laws, at every regular session of the legislature.

Sec. 6. The laws, public records, and the written judicial and legislative proceedings of the State shall be conducted, promulgated, and preserved in the English language.

Sec. 7. Every person has a right to bear arms for the defence of himself and the State.

Sec. 8. The military shall, in all cases, and at all times, be in strict subordination to the civil power.

Sec. 9. No soldier shall, in time of peace, be .quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.

Sec. 10. The people have the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Sec. 11. Neither slavery, nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

Sec. 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid.

Sec. 13. Aliens who are, or who may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.

Sec. 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in the manner to be prescribed by law; but in every case the necessities of the road and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders; and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefited.

Sec. 15. No general revision of the laws shall hereafter be made. When a reprint thereof becomes necessary, the legislature in joint convention shall appoint a suitable person to collect together such acts and parts of acts as

are in force, and without alteration, arrange them under appropriate heads and titles. The laws so arranged shall be submitted to two commissioners appointed by the governor, for examination, and if certified by them to be a correct compilation of all general laws in force, shall be printed in such manner as shall be prescribed by law.

ARTICLE XIX.

UPPER PENINSULA.

Section 1. The counties of Mackinaw, Chippewa, Delta, Marquette, Schoolcraft, Houghton, and Ontonagon, and the islands and territory thereunto attached, the islands of Lakes Superior, Huron, and Michigan, and in Green Bay, and the Straits of Mackinaw and the River Ste. Marie, shall constitute a separate judicial district, and be entitled to a district judge and district attorney.

Sec. 2. The district judge shall be elected by the electors of such district, and shall perform the same duties and possess the same powers as a circuit judge in his circuit, and shall hold his office for the same period.

Sec. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law.

Sec. 4. Such judicial district shall be entitled at all times to at least one senator; and until entitled to more by its population, it shall have three members of the house of representatives, to be apportioned among the several counties by the legislature.

Sec. 5. The legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the legislature from such territory, not exceeding two dollars a day during any session.

Sec. 6. The elections for all district and county officers, State senator or representatives, within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October.

Sec. 7. One-half of the taxes received into the treasury from mining corporations in the upper peninsula, paying an annual State tax of ono per cent., shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded.

Sec. 8. The legislature may change the location of the State prison from Jackson to the upper peninsula.

Sec. 9. The charters of the several mining corporations may be modified by the legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shall hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.

ARTICLE XX.

AMENDMENT AND REVISION OF THE CONSTITUTION.

Section 1. Any amendment or amendments to this constitution may be

proposed in the senate or house of representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on their journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next general election thereafter; and if a majority of the electors qualified to vote for members of the legislature voting thereon, shall ratify and approve such amendment or amendments, the same shall become part of the constitution.

Sec. 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter; and also at such other times as the legislature may by law provide, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of delegates to such convention. All the amendments shall take effect at the commencement of the political year after their adoption.

SCHEDULE.

That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared, that

Section 1. The common law, and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the legislature.

Sec. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall continue; and all indictments which have been found, or which may hereafter be found, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.

Sec. 3. That all fines, penalties, forfeitures, and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the State under this constitution.

Sec. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any State, county or township, or any public officer or public body, or which may be entered into or executed under existing laws "to the people of the State of Michigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions, shall be tried, punished and prosecuted, as though no change had taken place, until otherwise provided by law.

Sec. 5. A governor and lieutenant governor shall be chosen under the existing constitution and laws, to serve after the expiration of the term of the present incumbent.

Sec. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by com

petent authority, until superseded under the laws now in force, or under this constitution.

Sec. 7. The members of the senate and house of representatives of the legislature of one thousand eight hundred and fifty-one shall continue in office, under the provisions of law, until superseded by their successors, elected and qualified under this constitution.

Sec. 8. All county cfficers, unless removed by competent authority, shall continue to hold their respective offices until the first day of January, in the year one thousand eight hundred and fifty-three. The laws now in force as to the election, qualification, and duties of township officers shall continue in force until the legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers respectively.

Sec. 9. On the first day of January, in the year one thousand eight hundred and fifty-two, the terms of cffice of the judges of the supreme court under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire on the said day.

Sec. 10. On the first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction of all suits and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pending in the circuit courts and county courts for the several counties shall become vested in the circuit court of the said counties and district court of the upper peninsula.

Sec. 11. The probate courts, the courts of justices of the peace, and the police court authorized by an act entitled "an act to establish a police court in the city of Detroit," approved April second, one thousand eight hundred and fifty, shall continue to exercise the jurisdiction and powers now conferred upon them respectively, until otherwise provided by law.

Sec. 12. The office of State printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges, and compensation, shall remain unimpaired and inviolate until the expiration of his said term of office.

Sec. 13. It shall be the duty of the legislature, at their first session, to adapt the present laws to the provisions of this constitution, as far as may be. Sec. 14. The attorney general of the State is required to prepare and report to the legislature, at the commencement of the next session, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions; and he shall receive no additional compensation therefor.

Sec. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation.

[Sections 16, 17, 18, 19, 20, and 21, referring to the mode of voting for the new constitution, are omitted, not having any direct connection with the instrument.]

Sec. 22. Every county except Mackinaw and Chippewa, entitled to a representative in the legislature, at the time of the adoption of this constitution, shall continue to be so entitled under this constitution; and the county of Saginaw, with the territory that may be attached, shall be entitled to one representative; the county of Tuscola, and the territory that may be attach

ed, one representative; the county of Sanilac and the territory that may be attached, one representative; the counties of Midland and Arenac, [Bay,] with the territory that may be attached, one representative; the county of Montcalm, with the territory that may be attached thereto, one representative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one representative. Each county having a ratio of representation and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives, and so on above that number, giving one additional member for each additional ratio.

Sec. 23. The cases pending and undisposed of in the late court of chancery, at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the supreme court. But the legislature shall, at its session in one thousand eight hundred and fifty-one, provide by law for the transfer of said causes that may remain undisposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court, established by this constitution, or require that the same may be heard and determined by the circuit judges.

Sec. 24. The term of office of the governor and lieutenant governor shall commence on the first day of January next after their election.

Sec. 25. The territory described in the article entitled "Upper Peninsula," shall be attached to and constitute a part of the third circuit for the election of a regent of the university.

Sec. 26. The legislature shall have authority, after the expiration of the term of office of the district judge first elected for the upper peninsula, to abolish said office of district judge and district attorney, or either of them.

Sec. 27. The legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the representatives among the several counties and districts, and divide the State into senate districts, pursuant to the provisions of this constitution.

Sec. 28. The terms of office of all State and county officers, of the circuit judges, members of the board of education, and members of the legislature, shall begin on the first day of January next succeeding their election.

Sec. 29. The State, exclusive of the upper peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenawee, and Hillsdale, shall constitute the first circuit; the counties of Branch, St. Joseph, Cass, and Berrien, shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson, and Ingham, shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton, and Van Buren, shall constitute the fifth circuit; [the] counties of St. Clair, Macomb, Oakland, and Sanilac, shall constitute the sixth circuit; the counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola, and Midland, shall constitute the seventh circuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton, and Montcalm shall constitute the eighth circuit.

Done in convention, at the capital of the State, this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty, and of the independence of the United States the seventy-fifth.

D. GOODWIN, President.

AMENDMENTS TO THE CONSTITUTION.

On the 8th of November, 1870, the people of Michigan voted upon the ratification of four amendments to the State constitution, as follows: First,