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CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

IMT
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CONSTITUTION OF 1867.

[See Art. I, Sec. 15.]

[See Art. I, Sec. 20.]

[See Art. XI.]

Sec. 9. No soldier shall, in time of [See Art. II, Sec. 18.]
peace, be quartered in any house with-
out the consent of the owner or occu-
pant, nor in time of war, except in a
manner prescribed by law. :

Sec. 10. The people have the right. [See Art. II, Sec. 19.]
peacably to assemble together to con-
sult for the common good, to instruct
their représentatives, and to petition
the Legislature for redress of griev-
ances.
Sec. 11. Neither slavery nor involun-

[See Art. II, Sec. 20.]
tary servitude, unless for the punish-
ment 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, reserying any rent
or service of any kind, shall be valid.

Sec. 13. Aliens who are, or who may *[See Art. II, Sec. 21.].
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. 3. The Legislature shall prohibit public officers, receiving or having charge of public moneys; from using or employing the same in any manner for their private use or benefit, and shall provide that whenever such moneys are deposited with any person or corporation, the interest thereon shall be paid to the fund to which such

moneys belong. Sec. 14. The property of no person

[See Art. II, Sec. 22.] ; shall be taken for public use without Sec. 4. Private property shall not be just compensation therefor. Private taken for public use, or for private roads may be opened in the manner to roads, without the consent of the be prescribed by law; but in every owner, unless the necessity for such case the necessities of the road, and taking, and the just compensation to the amount of all damage to be sus- be paid therefor, shall have first been tained by the opening thereof, shall ascertained and determined, and the be first determined by a jury of free- compensation therefor paid or tendered holders, and such amount, together in such manner as shall be prescribed with the expenses of proceedings, shall by law. Whenever private property be paid by the person or persons to be shall be taken for any purpose withbenefited.

out the limits of any incorporated city [See Art. XVIII, Sec. 2.] or village, except a public highway, [See Art. XV, Sec. 15.] the necessity for the taking thereof,

and the amount of compensation to
be paid therefor, shall be first ascer-
tained and determined by a jury of
twelve freeholders, or three commis-
sioners appointed by a court of record;
and whenever such property shall be
taken within the limits of any incor-
porated city or village, the amount of
compensation to be paid therefor shall
be first ascertained and determined

by a jury of twelve freeholders.
Sec. 15. No general revision of the
Thompson
laws shall hereafter be made. When
a reprint thereof becomes necessary,
the Legislature in joint convention,
shall appoint a suitable person to col-
lect together such acts and parts of
acts as are in force, and without alter-. .

[See Art. I, Sec. 19.]

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CONSTITUTION OF 1836.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

ation, arrange them under appropriate
heads and titles. The laws so arranged
shall be submitted to two commis-
sioners, 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. '
See Art. XVIII, Sec. 4.]

Sec. 5. The Legislature may authorize the construction of dams across navigable streams, and the improvement of the navigation thereof; but such authority shall not interfere with the public right to the use of any such stream for any purpose of which it was susceptible before such dam

was built or improvement made..., 10. The first Governor and Lieutenant Governor shall hold their offices until the first Monday of January, one thousand eight hundred and thirtyeight, and until others shall be elected and qualified; and thereafter they shall hold their office for two years, and until their successors shall be elected and qualified. . 11. When a vacancy shall happen, occasioned by the death, resignation or removal from office of any person holding office under this State, the successor thereto shall hold his office for the period which his predecessor had to serve, and no longer, unless again chosen or re-appointed.

ARTICLE XIX.

UPPER PENINSULA.
SECTION 1. The counties of Mackinao,
Chippewa, Delta, Marquette, School-
craft, Houghton and Ontonagon, and
the islands and territory thereunto at-
tached, the islands of Lake Superior,
Huron and Michigan, and in Green
Bay, and the Straits of Mackinac, and
the River Ste. Marie, shall constitute à
separate judicial district, and be enti-1 ::.
tled to a district judge and district at
torney.

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 circuit 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 Representa

CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

tives, to be apportioned among the
several counties by the Legislature.

Sec. 5. The Legislature may provide
for the payment of the district judge
ja salary not exceeding one thousand
dollars a year; and on the district at-
torney 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 or 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.] Tuesday succeeding the first Monday of November, in the respective years in which they may be required; the county canvass shall be held on the first Monday thereof, and the district canvass on the third Monday of the said November.*

Sec. 7. One-half of the taxes received into the treasury from mining corporations in the Upper Peninsula paying an annual State tax of one 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 for 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.

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ARTICLE -XIX, :
ARTICLE XX.

ARTICLE XX.
MODE OF AMENDING AND REVISING THE CON- AMENDMENT AND REVISION OF THE CONSTITU- AMENDMENT AND REVISION OF THE CONSTITU.
STITUTION.
. TION.

TION. 1. Any amendment or amendments SECTION 1. Any amendment or amend-/ SECTION 1. Any amendment, or to this Constitution may be proposed ments to this Constitution may be pro- amendments to this Constitution may in the Senate or House of Representa- posed in the Senate or House of Rep- be proposed in the Senate or - House tives; and if the same shall be agreed resentatives. If the same shall be of Representatives. If the same be to by a majority of the members élect agreed to by two-thirds of the mem- agreed to by two-thirds of the members ed to each -of the two houses, such

elected to each House, such amendment proposed amendment or amendments Amendment adopted by the Legislature of 1861, ap. or amendments shall be entered on shall be entered on their journals, with | for, 5.,193; against, 1,440.0 ith proved by the people at general election of 1862; voteslihnin insan

their journals respectively, with the

1

CONSTITUTION OF 1835.

CONSTITUTION OF 1850.

CONSTITUTION OF 1867.

the yeas and nays taken thereon, and bers elected to each House, such yeas and nays taken thereon, and the referred to the Legislature then next to amendment or amendments shall be same shall be submitted to the electors be chosen, and shall be published for entered on their journals respectively, at such time as the Legislature-shall

making such choice; and if in the and the same shall be submitted to the electors, qualified to vote for members Legislature next chosen as aforesaid, electors at the next general election of the Legislature, voting on the amendsuch proposed [amendment or] amend- thereafter; and if a majority of the ment or amendments proposed, shall ments shall be agreed to by two-thirds electors qualified to vote for members ratify and approve such amendment of all the members elected to each of the Legislature voting thereon, ehall or amendments, the same shall be

Legislature to submit such proposed amendments, the same shall become
amendment or amendments to the part of the Constitution.
people, in such manner and at such
time as the Legislature shall prescribe;
and if the people shall approve and
ratify such amendment or amendments
by a majority of the electors qualified
to vote for members of the Legislature
voting thereon, such amendment or

Constitution

2. And if at any time two-thirds of Sec. 2. At the general election to be! Sec. 2. At any time after the first the Senate and House of Representa- held in the year one thousand eight day of January, A. D. one thousand tives shall think it necessary to revise hundred and sixty-six, and in each six- eight hundred and eighty, the Legisor change this entire Constitution, teenth year thereafter, and also at such lature may provide for a convention they shall recommend to the electors other times as the Legislature may by to revise or amend the Constitution. at the next election for members of the law provide, the question of the gen- The question of the revision or amendLegislature, to vote for or against a eral revision of the Constitution shall ment shall be submitted to the electors convention; and if it shall appear that be submitted to the electors qualified qualified to vote for members of the a majority of the electors voting at to vote for members of the Legislature; Legislature, in such manner as may such election have voted in favor of and in case a majority of the electors be provided by law. And in case a calling a convention, the Legislature so qualified, voting at such election, majority of the electors voting at such shall at its next session provide by shall decide in favor of a convention election, on such question, shall decide law for calling a convention, to be for such purpose, the Legislature, at in favor of a convention for such purholden within six months after the the next session, shall provide by law pose, the Legislature, at the next sespassage of such law; and such conven- for the election of such* delegates to sion thereafter, shall provide by law tion shall consist of a number of mem- such convention. All the amendments for the election of delegates to such bers not less than that of both branches shall take effect at the commencement convention. All amendments shall of the Legislature.

of the political]* year after their take effect at the commencement of adoption.

the year after their adoption, except as otherwise provided by law, or by this Constitution.

SCHEDULE.
SCHEDULE.

SCHEDULE. 1. That no inconvenicnce may arise That no inconvenience may arise That no inconvenience may arise from a change of the territorial gov- from the changes in the Constitution from the changes in the Constitution ernment to a permanent State govern- of this State, and in order to carry the of this State, and in order to carry the ment, it is declared that all writs, same into complete operation, it is same into complete operation, it is actions, prosecutions, contracts, claims hereby declared, that

hereby declared and rights of individuals and of bodies [See Schedule, Sec. 2.]

[See Schedule, Sec. 2.] corporate, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this Constitution, be issued under the authority of the territory of Michigan, shall be as valid as if issued in the name of the State...

2. All laws now in force in the terri Sec. 1. The common law, and the SECTION 1. The common law, and the tory of Michigan, which are not repug- statute laws now in force, not repug- statute laws now in force, not repugnant to this Constitution, shall remain nant to this Constitution, shall remain nant to this Constitution, shall remain in force until they expire by their own in force until they expire by their own in force until they expire by their own limitations, or be altered or repealed limitations, or are altered or repealed limitation, or are altered or repealed by the Legislature.

by the Legislature.

' by the Legislature...! [See Schedule, Sec. 1.]

Sec. 2. All writs, actions, causes of Sec. 2. All writs, actions, causes of action, prosecutions, and rights of in- action, prosecutions and rights of in

*Amendment adopted by the Legislature of 1861, ap. dividuals and of bodies corporate, and proved by the people at general election of 1862; votes of the State, and all charters of incor| Por, 4,370; against, 1,806. .

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dividuals, and of bodies corporate, and poration, shall continue; and all indictof the State, and all charters of incor- ments and informations, which shall poration, shall continue, and all in- have been found or filed, or which dictments which shall have been found, may hereafter be found or filed, for or which may hereafter be found, for any crime or offense committed before any crime or offense committed before the adoption of this Constitution, may the adoption of this Constitution, may be proceeded upon as if no change had be proceeded upon as if no change had taken place. The several courts, except taken place. The several courts, ex- as herein otherwise provided, shall cept as herein otherwise provided, continue with the like powers and shall continue with the like powers and jurisdiction, both at law and in equity, jurisdiction, both at law.and in equity, as if this Constitution had not been as if this Constitution had not been adopted, and until the organization of adopted, and until the organization of the judicial department under this the judicial department under this Constitution. :

Constitution. 3. All fines, penalties, forfeitures and Sec. 3. That all fines, penalties, for- Sec. 3. All fines, penalties, forfeitescheats, accruing to the territory of feitures and escheats, accruing to the ures and escheats, accruing to the Michigan, shall accrue to the use of the State of Michigan under the present State under the present Constitution State.

Constitution and laws, shall accrue to and laws, shall accrue to the use of the the use of the State, under this Con-State under this Constitution.

stitution. 4. All recognizances heretofore taken, Sec. 4. That all recognizances, bonds, Sec. 4. All recognizances, bonds, obor which may be taken before the judi- obligations, and all other instruments ligations, and all other instruments cial department under this Constitu- entered into or executed before the entered into or executed before the tion, shall remain valid, and shall pass adoption of this. Constitution, to the adoption of this Constitution, to the over to, and may be prosecuted in the people of the State of Michigan, to people of this State, or to any State, .. name of the State. And all bonds ex- any State, county or township, or any county or township, or any public offiecuted to the Governor of this territory, public officer, or public body, or which cer, or public body, or which may be or to any other officer in his official may be entered into or executed under entered into or executed under existing capacity, shall pass over to the Gover-existing laws, “to. the people of the laws, « to the people of this State," to nor or other proper authority, and to State of Michigan,” to any such officer any such officer or public body, betheir successors in office, for the uses or public body, before the complete or- fore the complete organization of the therein respectively expressed, and may ganization of the departments of gov- departments of government under this be sued for and recovered accordingly, ernment under this Constitution, shall Constitution, shall remain binding and All criminal prosecutions and penal remain binding and valid, and rights valid, and rights and liabilities upon actions, which have arisen or may arise, and liabilities upon the same shall con- the same shall continue, and may be before the organization of the judicial tinue, and may be prosecuted as pro- prosecuted as provided by law. And department under this Constitution, vided by law. And all crimes and all crimes and misdemeanors, and peand which shall then be depending, misdemeanors, and penal actions, shall nal actions, shall be prosecuted, tried may be prosecuted to judgment and be tried, punished and prosecuted, as and punished, as though no change execution in the name of the State. though no change had taken place, had taken place, until otherwise pro

until otherwise provided by law. vided 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 incumbents. 5. All officers, civil and military, now Sec. 6. All officers, civil and military, Sec. 5. All officers, civil and military., holding their offices and appointments now holding any office or appointment, now-holding any office or appointin this territory under the authority of shall continue to hold their respective ment, shall continue to hold their rethe United States, or under the author- offices, unless removed by competent spective offices, unless removed by comity of this territory, shall continue to authority, until seperseded under the petent authority, until superseded unhold and exercise their respective laws now in force, or under this Con- der the laws now in force, or under offices and appointments until superse- stitution.

this Constitution. ded under this Constitution. · 6. The first election for Governor, .. Lieutenant Governor, members of the State Legislature, and a representative in the Congress of the United States, shall be held on the first Monday in October next, and on the succeeding day. And the President of this Convention shall issue writs to the sheriffs of the several counties or dis- . tricts, or, in case of vacancy, to the coroners, requiring them to cause such election to be held on the days afore

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