cisions. SEC. 10. The Supreme Court may appoint a reporter of its decis- Reporter of deions. The decisions of the Supreme Court shall be in writing, and signed by the Judges concurring therein. Any Judge dissenting therefrom, shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office filled. of the clerk of the Supreme Court. The judges of the circuit Vacancies; how court, within their respective jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney; but no Judge of the Supreme Court, or circuit court, shall exercise any other power of appointment to public office. court. SEC. 11. A circuit court shall be held at least twice in each year Terms of circuit in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law. courts. SEC. 12. The clerk of each county organized for judicial pur- Clerk of circuit poses, shall be the clerk of the circuit court of such county, and of the Supreme Court when held within the same. bate. SEC. 13. In each of the counties organized for judicial purposes, Courts of prothere shall be a court of probate. The judge of such court shall 9 Mich. 227. be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers, and duties of such court shall be prescribed by law. filled. SEC. 14. When a vacancy occurs in the office of Judge of the Vacancies; how Supreme, circuit, or probate court, it shall be filled by appointment of the Governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. SEC. 15. The Supreme Court, the circuit and probate courts Courts of record of each county, shall be courts of record, and shall each have a common seal. commissioners. SEC. 16. The Legislature may provide by law for the election of Circuit court one or more persons in each organized county, who may be vested 7 Mich. 341. with judicial powers, not exceeding those of a judge of the circuit court at chambers. peace; how SEC. 17. There shall be not exceeding four justices of the peace Justices of the in each organized township. They shall be elected by the electors elected, etc. of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township, they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the resi Jurisdiction of justices. Conservators of the peace. Election of circuit judges. Election of judges of probate. What deemed vacancy. due of the unexpired term. The Legislature may increase the SEC. 18. In civil cases, justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction, and perform such duties, as shall be prescribed by the Legislature. SEC. 19. Judges of the Supreme Court, circuit judges, and justices of the peace shall be conservators of the peace within their respective jurisdictions. SEC. 20. The first election of judges of the circuit courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent elections of such additional judges at the regular election herein provided. SEC. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year thereafter. SEC. 22. Whenever a judge shall remove beyond the limits of 3 Mich. Rep. 70. the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices. Courts of conciliation. Suitors may ap pear by attorney or in person. Libels; truth may be given in evidence. Security from search and seizure. 20 Mich. 27. SEC. 23. The Legislature may establish courts of conciliation, with such powers and duties as shall be prescribed by law. SEC. 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice. SEC. 25. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact. SEC. 26. The person, houses, papers, and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things. shall issue without describing them, nor without probable cause, supported by oath or affirmation. jury. SEC. 27. The right of trial by jury shall remain, but shall be Right of trial by deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law. SEC. 28. In every criminal prosecution, the accused shall have Accused to have the right to a speedy and public trial by an impartial jury, which speedy trial, etc. may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense. merits. SEC. 29. No person, after acquittal upon the merits, shall be Acquittal upon tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great. SEC. 30. Treason against the State shall consist only in levying Treason. war against [it], or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless upon the testimony of two witnesses to the same overt act, or on confession in open court. SEC. 31. Excessive bail shall not be required; excessive fines Ball, etc. shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained. SEC. 32. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. No person compelled to testify against himself. 11 Mich. 118. for debt. SEC. 33. No person shall be imprisoned for debt arising out of Imprisonment or founded on a contract, express or implied, except in cases of 14 Ill. R. 410. fraud or breach of trust, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned Militia fines. for a militia fine in time of peace. witnesses. SEC. 34. No person shall be rendered incompetent to be a wit- Competency of ness on account of his opinions on matters of religious belief. SEC. 35. The style of all process shall be: "In the name of the Style of process. people of the State of Michigan." 5 Gilman 96. 5 Missouri, 227. Tweed vs. Metcalf-4 Mich. R. ARTICLE VII. ELECTIONS. electors. SECTION 1. In all elections, every male citizen, every male inhab- Qualification of itant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five; every male inhabitant residing in the State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become 2 Doug. Mich. 411. Proviso. Votes to be by ballot. Privilege of electors from arrest. From military duty. Residence of electors. Purity of elections. Soldiers, etc.. not residents. Dueling dis a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector, or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote, ten days next preceding such election: Provided, That in time of war, insurrection, or rebellion, no qualified elector in the actual military service of the United States, or of this State, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward, or State in which he resides; and the Legislature shall have the power, and shall provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and return of their votes to the township or ward election district in which they respectively reside, or otherwise.' SEC. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen. SEC. 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and going to and returning from the same. SEC. 4. No elector shall be obliged to do military duty on the day of election, except in time of war or public danger; or attend court as a suitor or witness. SEC. 5. No elector shall be deemed to have gained or lost a residence, by reason of his being employed in the service of the United States, or of this State; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison. SEC. 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. SEC. 7. No soldier, seaman, nor marine in the army or navy of the United States, shall be deemed a resident of this State, in consequence of being stationed in any military or naval place within the same. SEC. 8. Any inhabitant who may hereafter be engaged in a duel, office and from either as principal, or accessory before the fact, shall be disqualified qualifies from elective fran chise. 1 Amendment agreed to by the Legislature of 1869, approved by the people in 1870. from holding any office under the Constitution and laws of this State, and shall not be permitted to vote at any election. ARTICLE VIII. STATE OFFICERS. be elected. SECTION 1. There shall be elected at each general biennial elec- State officers to tion, a Secretary of State, a Superintendent of Public Instruction, 20 Mich. 804. a State Treasurer, a Commissioner of the Land Office, an Auditor General, and an Attorney General, for the term of two years. their offices. They shall keep their offices at the seat of Government, and shall Where to keep perform such duties as may be prescribed by law. SEC. 2. Their term of office shall commence on the first day of Term of office. January, one thousand eight hundred and fifty-three, and of every * second year thereafter. filled. SEC. 3. Whenever a vacancy shall occur in any of the State Vacancy; how offices, the Governor shall fill the same by appointment, by and with the advice and consent of the Senate, if in session. Auditors. SEC. 4. The Secretary of State, State Treasurer, and Commis- Board of State sioner of the State Land Office shall constitute a Board of State Auditors, to examine and adjust all claims against the State, not otherwise provided for by general law. They shall constitute a To be State Board of State Canvassers, to determine the result of all elections for Governor, Lieutenant Governor, and State officers, and of such other officers as shall by law be referred to them. Canvassers. Legislature to SEC. 5. In case two or more persons have an equal and the In case of a tie, highest number of votes for any office, as canvassed by the board make choice. of State Canvassers, the Legislature in joint convention shall 16 Mich. 259. choose one of said persons to fill such office. When the determination of the Board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected. ARTICLE IX. SALARIES. SECTION 1. The Governor shall receive an annual salary of one Salaries. thousand dollars; the Judges of the Circuit Court shall each receive an annual salary of one thousand five hundred dollars; the State Treasurer shall receive an annual salary of one thousand dollars; the Auditor General shall receive an annual salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thousand dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the |