in pursuance of the provisions of this act, according to the best of their abilities, which oath or oaths shall be returned with the census as hereinafter provided, to the Secretary of the Territory. Every assistant so appointed shall return to the person by whom he was appointed, a just and perfect enumeration of the inhabitants of the district or division assigned to him, in the form so as aforesaid to be prepared by the Secretary, by the twentieth day of June next.

SEC. 6. Every person appointed in pursuance of the provisions of this act, to take the census, and every assistant who shall be appointed and accept said appointment, who shall fail to make returns agreeably to the provisions of this act, or who shall make a false return of the enumeration in his county or division shall for- Penalty, feit and pay the sum of two hundred dollars, to be recovered in the name and for the use of the Territory before any court of competent jurisdiction.

SEC. 7. The said enumeration shall be made by an actual enquiry by the persons taking such census, at every dwelling or by personal enquiry of the head of every family, in their respective counties or divisions, and shall commence on the first day of June Census when next, and shall be completed and closed in thirty days thereafter, taken. and said enumeration shall include only those whose place of residence shall be in said counties or divisions on the first day of June aforesaid, and the several assistants shall by the twentieth day of June next make and deliver to the person by whom they were appointed respectively, a true and accurate copy of the enumeration of all persons, Indians not citizens, and soldiers excepted, within their respective divisions, which enumeration shall be set forth in a schedule designating the townships, precincts or districts comprising his division, according to the civil or geographical boundaries thereof and shall embrace the several families by the name of the head thereof and the aggregate population therein.

SEC. 8. The several persons appointed in pursuance of the provisions of this act to take the census in their respective counties, shall, by the tenth day of July next, prepare duplicate copies Duplicate coof the enumeration of the inhabitants of their respective counties posited. pies where deand transmit one of said copies to the Secretary of the Territory and deliver the other to the Register of Deeds of said county, or

Proviso.

if there be no Register of Deeds in such county, to the Register of Deeds of the county to which it is attached for judicial purposes, and the said Register shall preserve the same on file in his office subject to the inspection of all persons,

SEC. 9. The persons appointed to take said census and their Compensation assistants shall receive as compensation for the service to be performed in taking such census at the rate of one dollar and fifty cents for every one hundred persons enumerated by them respectively: Provided, that in the counties of St Croix, Chippewa and La Pointe, and in those counties having a population of less than one thousand souls, there shall be allowed to the person making the enumeration at the rate of three dollars for every one Provided also, hundred persons enumerated therein: Provided, also, that there shall be allowed to the persons appointed according to this act to take such census the sum of five dollars, for making the abstract or copies required by the preceding section, each county shall pay for taking the census within its own limits and for the abstracts and copies of the same.

Duty of Secretary.

Governor to

tionment.

SEC. 10. As soon as the returns of the census shall have been received by the Secretary from the several persons authorized to take the same, and by the first day of August next, whether he shall have received all of the returns or not, he shall proceed to make an abstract of the population of the several counties as shown by the returns received by him, which abstract he shall file in his office, and furnish a certified copy thereof to the Governor.

SEC. 11. Immediately upon the receipt from the Secretary, of the said copy of said abstract, in case a majority of all the votes cast upon the question of forming State Government are "for State Government," the Governor shall proceed to make an apmake appor- portionment among the several counties, of delegates to form a state constitution upon the following principles, viz: He shall apportion one delegate to every county in the Territory for every thirteen hundred inhabitants in said county, and an additional delegate in every county if there shall be a fraction in such county over and above the said number of thirteen hundred, or any multiple of that number greater than one moiety of said number: Provided, that there shall be one delegate apportioned to each organized county, whether it shall contain the number of thirteen hundred inhabitants or not, and no county shall be entitled to two delegates in said convention unless it shall contain over nineteen

Proviso.

hundred and fifty inhabitants. No two counties shall be united

in the same election district for the election of delegates.

mation.

notice.

Skc. 12. As soon as the Governor shall have completed said Governor to issue procláapportionment, he shall issue his proclamation and cause it to be published in all the newspapers printed in the Territory and transmit a copy of it to each of the sheriffs of the county, for an election of delegates according to said apportionment to be held at the time of holding the next annual election in every county of the *Territory, and said proclamation shall specify the number of deleC gates so apportioned to each of the counties of the Territory. SEC. 13. Immediately upon the receipt of said proclamation Sheriffs to give the sheriff in the several counties in the Territory shall give no*tice that an election will be held on the day mentioned in the proclamation of the Governor in the several towns and election precincts in each county, for the election of the same number of b delegates in their counties respectively as the Governor by his said proclamation shall have apportioned to such county, and the sheriff in such notices shall designate the same place for holding such election in the several towns and precincts as shall have been provided by law for the holding of elections in such towns and precincts; and if no such place shall have been provided by law, then such place as the sheriff shall think proper to select, which notices shall be posted up in at least three public places in each of said towns and precincts, and in case any county shall be attached to another county for judicial purposes, and there shaft be no sheriff in it, then the sheriff of the county to which it is attached shall perform the duties hereby required to be performed in such attached county in the same manner that he is hereby required to perform therein in the county of which he is the sheriff excepting the counties of Chippewa, St. Croix and La Pointe, in which said county [counties] it shall be the duty of the clerk of the board of county commissioners to do the duties herein required to be done by the sheriff. And the same persons shall act as judges of election, at said election of delegates, as shall act as judges of the general election and if there are no judges present or if part only are present, the voters in attendance may appoint others to supply their places.

SEC. 14. At the times and places specified in said notices of election, all the white male inhabitants of the Territory above the Who may vote age of twenty-one years, who shall have resided in the Territory

for delegates.

Votes how canvassed,&c

Delegates where to meet.

vention.

for six months next preceding said election, and who shall be cit izens of the United States, or shill have declared the r intention to become such according to the laws of the United States on the subject of naturalization, shall be authorized to vote by ballot for the number of delegates to the convention to form a state constitution which shall have been apportioned to the county in which he is voting, and no person shall vote in any county for delegates unless he shall have been a resident of that county for ten days next preceding such election, and every person authorized by this act to vote for delegates to form a state constitution shall be competent to be elected a delegate to said convention for the county in which he resides.

SEC. 15. The votes cast for said delegates shall be deposited in a separate box to be provided by the judges of election for that purpose, and shall be canvassed, certified an I returned, and certificates of election issued in the same manner as is provided by law for the canvassing, certifying and returning of votes and issu ing of certificates of election for members of the House of Representatives. And the person or persons voted for, for delegate in éach county equal to the number apportioned to such county, who shall have received the greatest number of votes shall be the persons declared duly elected as such delegates.

SEC. 16. The persons so elected delegates in the several counties of the Territory shall assemble in the Representatives' Hall, in the Capitol, at Madison, in said Territory, on the first Monday in October next, at twelve o'clock, noon, and when so assembled shall have full power and authority to form'a' republican' constitution for the State of Wisconsin.

Powers of con- SEC. 17. The convention shall by ballot elect one of their number President, and appoint one or more Secretaries. The convention may employ a Doorkeeper, Messenger and Fireman, who shall be allowed the same amount per diem as the delegates. The convention may also employ a printer to do its necessary printing. The amount of pay to each delegate and officer of the convention shall be certified to by the President of the convention.

Pay of delegates.

SEC. 18. The delegates to such convention shall be entitled to two dollars per day for every day's attendance at said convention, and ten cents per mile for travel in going to and returning from said convention, to be paid out of the territorial treasury.

SEC. 19. If any person shall vote at either of the elections

provided for by this act, who shall not possess the qualification of Penalty for il a voter as the same are prescribed in this act, he shall be punished legal voting. by a fine not less than fifty dollars nor more than one hundred dol

lars.

SEC. 20. When any person shall offer to vote at either of the elections provided for by this set, and either of the judges of the election shall suspect that such person does not possess the quali fications of a voter, or if his vote shall be challenged by any voter, Votes how challenged. one of the judges of election shall tender to such person an oath or affirmation in the following form; I, A. B. do solemnly swear (or affirm as the case may be,) that I have resided in this Territory six months, and in this county ten days immediately preceding this election. I am twenty-one years of age as I verily believe. I am a citizen of the United States. (or have filed an application to become such according to the laws of Congress on the subject of naturalization) and I have not voted at this election. And if such person shall take such oath or affirmation, bis vote shall be receiv- Oath of elec ed unless it shall be proved by evidence satisfactory to a majority of the judges that he does not possess the qualifications of a voter; and if such person refuses to take said oath or affirmation, his vote shall be rejected.

tors.

Penalty.

Constitution

"to be submit

SEC. 21. If any person shall take said oath or affirination knowing it to be false, he shall be deemed guilty of perjury. SEC. 22. Said convention shall have power to submit the constitution adopted by them to a vote of the people, if they shall deem proper; and to provide how the votes cast upon that subject ted to a vote of the people. shall be taken, canvassed and returned, and shall also have power to submit the said constitution to the Congres of the United States, and to apply for the admission of Wisconsin into the Union of the United States as a sovereign state: Provided, that said constitution shall be eventually ratified by the people ei ther before or after the action of Congress upon the same.

tions,

SEC. 23. The general annual election shall hereafter be held General elec in the several counties of the Territory on the first Monday of September annually, instead of the fourth Monday of September as

now provided by law.

SEC. 24. Should any of the duties required of any officer by Duty of Gov this act not be performed as hercin provided, it shall be the duty

ernor.