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shall provide for an appropriate device and motto for said seal.
Sec. 5. The Territorial prison as located under existing laws shall, after the adoption of this Constitution, be and remain one of the State prisons of the State of Minnesota.
Laws not repug.
main in force
SECTION 1. That no inconvenience may arise by reason of Territorlal laws recognized aus valoa
a change from a Territorial to a permanent State Governid in the chance ment, it is declared that all rights, actions, prosecutions, of state erganiza: judgments, claims and contracts, as well of individuals as of tion
bodies 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 Union of the United States, shall be as valid as if issued in the name of the State.
Sec. 2. All laws now in force in the Territory of Minnenant to the on. sota not repugnant to this Constitution, shall remain in force stitution to ro- until they expire by their own limitation, or be altered or re
e pealed by the Legislature. Fines, pedalties Sec. 3. All fines, penalties or forfeitures accruing to the and forfeitares Territory of Minnesota, shall inure to the State.
Sec. 4. All recognizances heretofore taken, or which may All civil rights, be taken before the change from a Territorial to a permanent laws to be of the State Government shall remain valid, and shall pass to and samo effect in the may be prosecuted in the name of the State, and all bonds change to state
executed to the Governor of the Territory, or to any other officer or Court in his or their official capacity, shall pass to the Governor or State authority, and their successors in office, for the uses therein respectively expressed ; and may be sued for and recovered accordingly; and all the estate of property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, and claims and debts of whatsoever description, of the Territory of Minnesota, shall inure to and vest in the State of Minnesota, and may be sued for and recovered in the same manner and to the same extent by the State of Minnesota as the same could have been by the Ter ritory of Minnesota. All criminal prosecutions and penal actions which may have arisen or which may arise before the change from a Territorial to a State government, 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 authority of the State of Minne sota, with like effect as though such change had not taken place, and all penalties incurred shall remain the same as if this Constitution had not been adopted. All actions at law and suits in equity which may be pending in any of the
by authority of
Courts of the Terrirory of Minnesota at the time of the change from a Territorial to a State Government, may be continued and transferred to any Court of the State which shall have jurisdiction of the subject matter thereof.
Sec. 5. All Territorial officers, civil and military, now morritorialom. holding their offices under the authority of the United States core continued or of the Territory of Minnesota, shall continue to hold and until superseded exercise their respective offices until they shall be superseded stato by the authority of the State. Sec. 6. The first session of the Legislature of the State of
First session of Minnesota shall commence on the first Wednesday of Decem- legislature ber next, and shall be held at the Capitol in the City of St, Paul.
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 provide by law.
Sec. 8. The President of the Convention, shall, immedi- Constitution sub ately after the adjournment thereof, cause this Constitution mitted to a vote
of the people to be deposited in the office of the Governor of the Territory, of th and if after the submission of the same to a vote of the people, as hereinafter provided, it shall appear that it has been adopted by a vote of the people of the State, then the Goverpor shall forward a certified copy of the same, together with an abstract of the votes polled for and against the said Constitution, to the President of the U: ited States, to be by him laid before the Congress of the United States.
Sec. 9. For the purposes of the first election, the State Representative shall constitute one district, and shall elect three members to districts the House of Representatives of the United States.
Sec. 10. For the purposes of the first election for mem• Apportionment of bers of State Senate and the House of Representatives, the counties into dis. State shall be divided into Senatorial and Representative trict Districts as follows, viz: 1st District, Washington county ; 2d District, Ramsey county ; 3d District, Dakota county ; 4th District, so much of Hennepin county as lies west of the Mississippi ; 5th District, Rice county ; 6th District, Goodhue county; 7th District, Scott County ; 8th District, Olmstead county ; 9th District, Fillmore 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, Blue Earth and Le Sueur 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 Mille Lac counties ; 22d District, Cass, Pembina and Todd counties ; 23d District, so much of Hennepin county as lies east of the Mississippi ; 24th District, Sherburne, Anoka, and Manomin counties ; 25th District,
members of the
Chisago, Pire and Isanti counties ; 26th District, Buchanan,
Sec. 11. The counties of Brown, Stearns, Tcdd, Cass, Pembina, and Renville, as applied in the preceeding Section, shall not be deemed to include any Territory west of the State line, but shall be deemed to include all counties and parts of counties east of said line as were created out of the Territory of either, at the last session of the Legislature.
Sec. 12, The Senators and Representatives at the first election shall be apportioned among the several Senatorial and Representative Districts as follows, to wit:
1st District......2 Senators...... Apportionment of
.3 Representatives. 2d .3
6 legislature 3d
80 Sec. 13. The returns from the 22d District shall be made to, and canvassed by the Judges of Election at the precinct of Otter Tail City.
Sec. 14. Until the Legislature shall otherwise provide,
the State shall be divided into Judicial Districts as follows, Jadicial districts viz :
“ The Counties of Washington, Chisago, Manomin, Anoka, Isanti, Pine, Buchanan, Carlton, St. Louis, and Lake, shall constitute the First Judicial District.
The County of Ramsey shall constitute the Second Judicial District.
The counties of Houston, Winona, Fillmore, Olmsted, and Wabashaw, shall constitute the Third Judicial District.
The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, Stearns, Morrison, Crow Wing, Mille Lac, Itaska, Pembina, Todd, and Cass, shall constitute the Fourth Judicial District.
The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca, Dodge, Mower, and Freeborn, shall constitue the Fifth Judicial District.
The counties of Le Sueur, Sibley, Nicollet, Blue Earth, Faribault, McLeod, Renville, Brown, and other counties in the State, not included within the other Districts, shall constitute the Sixth Judicial District.”'
Sec. 15. Each of the foregoing ecumerated 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 First election of Representatives of the United States, Governor, Lieutenant Governor, Supreme and District Judges, Members of the Legislature, and all other officers designated in this Constitution, and also for the submission of this Constitution to the people for their adoption or rejection. Sec. 17. Upon the day so designated as aforesaid, every
Voters at the first free white male inhabitant over the age of twenty-one years, who shall have resided within the limits of the State for ten days previous to the day of said election, may vote for all officers to be elected under this Constitution at such election, and also for or against the adoption of this Constitution.
Sec. 18. In voting for or against the adoption of this vote on the conConstitution, the words “for Constitution," or "against stitution Constitution,” may be written or printed on the ticket of each voter, but no voter shall vote for or against this Constitution on a separate ballot from that cast by him for officers to be elected at said election under this Constitution; and if, upon the canvass of the votes so polled it shall appear that there was a greater number of votes polled for than against said Constitution, then this Constitution shall be deemed to be adopted as the Constitution of the State of Minnesota; and all the provisions and obligations of this Constitution, and of the Schedule hereunto attached, shall thereafter be valid to all intents and purposes as the Constitution of said State. Sec. 19. At said election the polls shall be opened, the
Election bow COD election held, returns made and certificates issued in all respects as provided by law for opening, closing and conducting elections and making returns of the same, except as herein before specified, and excepting also that polls may be opened and elections held at any point or points, in any of the counties where precincts may be established as provided by law, ten days previous to the day of election, not less than ten miles from the place of voting in any established pre
Sec. 20. It shall be the duty of the Judges and Clerks of Election, in addition to the returns required by law for each precinct, to forward to the Secretary of the Territory by mail immediately after the close of the election, a certified copy of the poll book containing the name of each person who has voted in the precinct and the number of votes polled for and against the adoption of this Constitution.
Sec. 21. The returns of said election for and against this Returns of elec. Constitution, and for all State officers and members of the tion how made House of Representatives 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 Dietrict officers, Judicial, Legislative or otherwise, shall be made to the Register of Deeds of the senior county in each District, in the manner prescribed by law, except as otherwise provided. The returns for all officers elected at large shall be canvassed by the Governor of the Territory, assisted by Joseph R. Brown and Thomas J. Galbraith, at the time designated by law for canvassing the vote for Delegate to Congress.
Sec. 22. If upon canvassing the votes for and against the adoption of this Constitution, it shall appear that there has been polled a greater number of votes against than for it, then no certificate of election shall be issued for any State or District officer provided for in this Constitution, and no State organization shall have validity within the limits of the Territory until otherwise provided for, and until å Constitution for a State Government shall have been adopted by the people.