and Seminole, 1 senator; Twenty-fourth, Choctaw, McCurtain, and Pushmatała. 1 senator; Twenty-fifth, Pittsburg, 1 senator; Twenty-sixth, Marshall and Johnston, 1 senator; Twenty-seventh, Haskell, McIntosh, and Muskogee, 2 senators; Twenty-eighth, Adair and Sequoyah, 1 senator; Twenty-ninth, May and Craig, 1 senator; Thirtieth, Ottawa, Delaware, and Cherokee, 1 senator: Thirty-first, Tulsa and Washington, 1 senator; Thirty-second, Okmulgee and Wagoner, 1 senator; Thirty-third, Nowata and Rogers, 1 senator.

SEC. 12. The following counties shall each elect 1 member to the house of representatives: Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine, Canadie Cherokee, Choctaw, Cimarron, Cleveland, Coal, Comanche, Craig. Creek. Custer, Delaware, Dewey, Ellis, Grant, Harper, Haskell. Hughes. Jackson. Jefferson Johnston, Kingfisher, Latimer, Le Flore, Love, Major, Marshall, Mayes, Muru McClain, McCurtain, McIntosh, Noble, Nowata, Okfuskee, Okmulgee, Osage. Ottawa, Pawnee, Payne, Pontotoc, Pushmataha, Rogers, Roger Mills. Semina ". Sequoyah, Stephens, Texas, Tillman, Tulsa, Wagoner, Washington, Washita, Woods, and Woodward.

SEC. 13. The following counties shall elect 2 members of the house of reure sentatives: Bryan, Caddo, Carter, Garvin, Grady, Kay, Kiowa, Muskogee, zwi Pittsburg.

(a) Garfield, 1 to be elected from each of the following districts: District 1. the city of Enid, Enid township, and the townships of North Enid, Banner, and Garland. District 2, all that part of Garfield county not contained in District 1. (b) Greer, 1 to be elected from each of the following districts: District 1, all that part of Greer County lying east of the line between ranges 23 and 24. District 2, all that part of Greer County not contained in District 1.

(c) Lincoln, 1 to be elected from each of the following districts: District 1 the townships of Pawnee, Ponca, North Fox, South Fox, North Keokuk, South Keokuk, North Creek, South Creek, North Seminole, South Seminole, North Che taw, and South Choctaw, with all towns and cities contained therein. District 2, all that part of Lincoln county not contained in district 1.

SEC. 14. The following counties shall elect 3 members each: Pottawatomie and Logan.

Pottawatomie shall elect 3 members at large. Logan, with 3 members pr rated as follows: District 1 shall be composed of the townships of Marshall. Bismarck, Orlando, Oak View, Rose Hill, Mulhull, Crescent, Woodland, Lawrie. Cedar, Iron Mound, Spring Creek, Antelope, and North Cimarron, and all towns and villages therein. District 2 shall consist of all that part of the city of Guthrie described as follows: That part of the First Ward lying north of Harrison avenue, the Second Ward, the Third Ward, the Fourth Ward, and all of the Fifth Ward except that part lying south of Cleveland avenue and east of Fourteenth street. District 3 shall consist of all that part of Logan County not included in districts 1 and 2.

SEC. 15. Oklahoma County shall have representatives to be elected as follows: 1 from the county at large. The other 3 to be prorated as follows: District 1. Oklahoma City, and the townships of Oklahoma and Greely, with all towns and cities contained therein, 2 members. District 2, all that part of Oklahoma County not contained in district 1, one member.

SEC. 16. (a) The following pairs of counties shall compose additional legislative districts and each district shall elect 1 member to the house of representatives: Johnston and Coal, Bryan and Atoka, Pontotoc and Seminole, Muskogee and Haskell, Pittsburg and Hughes, Comanche and Stephens, Washita and Custer. Pottawatomie and Lincoln, Sequoyah and Le Flore, Alfalfa and Grant, Craig and Rogers, Garfield and Kingfisher, Payne and Pawnee, Creek and Tulsa. (b) The following trio of counties shall constitute one legislative district with one member: Caddo, Canadian, and Cleveland.

term.

CONSTITUTION: OREGON-1857

ously, an appointment pro tempore shall not be reckoned a part of that

SEC. 14. General elections shall be held on the first Monday of June biennially. SEC. 15. In all elections by the legislative assembly, or by either branch thereof, votes shall be given openly, or viva voce, and not by ballot, forever: and in all elections by the people, votes shall be given openly, or viva voce, until the legislative assembly shall otherwise direct.

SEC. 16. In all elections held by the people under this constitution, the person or persons who shall receive the highest number of votes shall be declared duly elected.

SEC. 17. All qualified electors shall vote in the election precinct in the county where they may reside for county officers, and in any county of the State for State officers, or in any county of a congressional district in which such electors may reside for members of Congress.

ARTICLE III

DISTRIBUTION OF POWERS

The powers of the government shall be divided into three separate departments, the legislative, the executive (including the administrative), and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided.

ARTICLE IV

LEGISLATIVE DEPARTMENT

SECTION 1. The legislative authority of the State shall be vested in the legislative assembly, which shall consist of a senate and house of representatives. The style of every bill shall be, "Be it enacted by the legislative assembly of the State of Oregon," and no law shall be enacted except by bill.

SEC. 2. The senate shall consist of sixteen and the house of representatives of thirty-four members, which number shall not be increased until the year eighteen hundred and sixty; after which time the legislative assembly may increase the number of senators and representatives, always keeping as near as may be the same ratio as to the number of senators and representatives: Provided, That the senate shall never exceed thirty and the house of representatives sixty members.

SEC. 3. The senators and representatives shall be chosen by the electors of the respective counties or districts into which the State may, from time to time, be divided by law.

SEC. 4. The senators shall be elected for the term of four years, and representatives for the term of two years, from the day next after their general election: Provided, however, That the senators-elect at the first session of the legislative assembly under this constitution shall be divided by lot into two equal classes, as nearly as may be, and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible.

SEC. 5. The legislative assembly shall, in the year eighteen hundred and sixtyfive, and every ten years after cause an enumeration to be made of all the white population of the State.

SEC. 6. The number of senators and representatives shall, at the session next following an enumeration of the inhabitants by the United States, or this State, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of senators and representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one-half of said ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes.

SEC. 7. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties; and no county shall be divided in creating senatorial districts.

SEC. 8. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been, for one year next preceding his election, an inhabitant of the county or district whence he may be chosen. Senators and representatives shall be at least twenty

one years of age.

SEC. 9. Senators and representatives in all cases, except for treason, felory, or breaches of the peace, shall be privileged from arrest during the session of the legislative assembly, and in going to and returning from the same, and shall n«« be subject to any civil process during the session of the legislative assem`y. nor during the thirteen days next before the commencement thereof. Nor shai a member, for words uttered in debate in either house, be questioned in any other place.

SEC. 10. The sessions of the legislative assembly shall be held biennially at the capital of the State, commencing on the second Monday of September, in the year eighteen hundred and fifty-eighth, and on the same day of every second year thereafter, unless a different day shall have been appointed by law.

SEC. 11. Each house, when assembled, shall choose its own officers; judge eď the election, qualifications, and returns of its own members; determine its own rules of proceeding, and sit upon its own adjournments; but neither house shail, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting.

SEC. 12. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within first five days thereafter, the members of the house so failing shall

publish the same in the several newspapers printed in this State, declaring the result of the said election upon each of said questions.

SEC. 3. If a majority of all the votes given for and against the constitution shall be given for the constitution, then this constitution shall be deemed to be approved and accepted by the electors of the State, and shall take effect accordingly and if a majority of such votes shall be given against the constitution, then this constitution shall be deemed to be rejected by the electors of the State, and shall be void.

SEC. 4. If this constitution shall be accepted by the electors, and a majority of all the votes given for and against slavery shall be given for slavery, then the following section shall be added to the bill of rights, and shall be part of this constitution:

"Section. Persons lawfully held as slaves in any State, Territory, or district of the United States, under the laws thereof, may be brought into this State, and such slaves, and their descendants, may be held as slaves within this State, and shall not be emancipated without the consent of their owners."

And if a majority of such votes shall be given against slavery, then the foregoing shall not, but the following section shall, be added to the bill of rights, and shall be a part of this constitution:

"Section. There shall be neither slavery nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted." "

And if a majority of all the votes given for and against free negroes shall be given against free negroes, then the following section shall be added to the bell of rights and shall be part of this constitution:

"Section. No free negro or mulatto, not residing in this State at the time of the adoption of this constitution, shall come, reside, or be within this State: or hold any real estate, or make any contracts, or maintain any suit therein; and the legislative assembly shall provide by penal laws for the removal by public of cers of all such free negroes and mulattoes, and for their effectual exclusion from ! the State, and for the punishment of persons who shall bring them into the State, or employ or harbor them therein."

SEC. 5. Until an enumeration of the white inhabitants of the State shall be made, and the senators and reprsentatives apportioned as directed in this consttution, the county of Marion shall have two senators and four representatives; Linn, two senators and four representatives; Lane, two senators and three rep resentatives; Clackamas and Wasco, one senator jointly, and Clackamas three representatives, and Wasco, one representative; Yamhill, one senator and two representatives; Polk, one senator and two representatives; Benton, one senatur and two representatives; Multnomah, one senator and two representatives * Washington, Columbia, Clatsop, and Tillamook, one senator jointly, and Wash

See Bill of Rights, clause 39.

See Bill of Rights, clause 35.

ington, one representative, and Washington and Columbia, one representative jointly, and Clatsop and Tillamook one representative jointly; Douglas, one senator and two representatives; Jackson, one senator and three representatives; Josephine, one senator and one representative; Umpqua, Coos, and Curry, one senator jointly, and Umpqua one representative, and Coos and Curry one representative jointly.

CONSTITUTION: PENNSYLVANIA-1790

city, town, or borough, which shall be entitled to a separate representa tion, shall be elected a member for any county; nor shall any person residing without the limits of any such city, town, or borough, be elected a member therefor. SEC. 4. Within three years after the first meeting of the general assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made, in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each; and shall never be less than sixty, nor greater than one hundred. Each county shall have, at least, one representative; but no county, hereafter erected, shall be entitled to a separate representation, until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one representative, agreeably to the ratio which shall then be established.

SEC. 5. The senators shall be chosen for four years by the citizens of Philadelphia, and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for representatives.

SEC. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts, formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of representatives.

SEC. 7. The senators shall be chosen in districts, to be formed by the legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect not more than four senators. When a district shall be composed of two or more counties, they shall be adjoining. Neither the city of Philadelphia nor any county shall be divided in forming a district.

SEC. 8. No person shall be a senator, who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State.

SEC. 9. Immediately after the senators shall be assembled, in consequence of the first election, subsequent to the first enumeration, they shall be divided, by lot, as equally as may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, and of the fourth class at the expiration of the fourth year; so that one-fourth may be chosen every year.

SEC. 10. The general assembly shall meet on the first Tuesday of December in every year, unless sooner convened by the governor.

SEC. 11. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker pro tempore, when the speaker shall exercise the office of governor.

SEC. 12. Each house shall judge of the qualifications of its members. Contested elections shall be determined by a committee, to be selected, * **

SCHEDULE

That no inconvenience may arise from the alterations and amendments in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained :

SECTION 1. That all laws of this commonwealth, in force at the time of making the said alterations and amendments in the said constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies-corporate, shall continue as if the said alterations and amendments had not been made.

SEC. 2. That the president and supreme executive council shall continue to exercise the executive authority of this commonwealth, as heretofore, until the third Tuesday of December next; but no intermediate vacancies in the council sha be supplied by new elections.

SEC. 3. That all officers in the appointment of the executive department lal continue in the exercise of the duties of their respective offices until the first day of September, one thousand seven hundred and ninety-one, unless their coaJLISsions shall sooner expire by their own limitations, or the said offices become vacant by death or resignation, and no longer, unless reappointed and commis sioned by the governor; except that the judges of the supreme court shall hold their offices for the terms in their commissions respectively expressed.

SEC. 4. That justice shall be administered in the several counties of the State, until the period aforesaid, by the same justices, in the same courts, and in the same manner as heretofore.

SEC. 5. That no person now in commission as sheriff shall be eligible at thei next election for a longer term than will, with the time which he shall have served in the said office, complete the term of three years.

SEC. 6. That, until the first enumeration shall be made, as directed in the fourth section of the first article of the constitutition established by this convention, the city of Philadelphia and the several counties shall be respectively entitled to elect the same number of representatives as is now prescribed by law.

SEC. 7. That the first senate shall consist of eighteen members, to be chosen in districts formed as follows, to-wit: The city of Philadelphia and the counties of Philadelphia and Delaware shall be a district, and elect three senators; the county of Chester shall be a district, and shall elect one senator; the county of Bucks shall be a district, and shall elect one senator; the county of Montgomery shall be a district, and shall elect one senator; the county of Northhampton shall be a district, and shall elect one senator; the counties of Lancaster and York shall be a district, and shall elect three senators; the counties of Berks and Dauphin shall be a district, and shall elect two senators; the counties of Camberland and Mifflin shall be a district, and shall elect one senator; the counties of Northumberland, Luzerne, and Huntingdon shall be a district, and shall elect one senator: the counties of Bedford and Franklin shall be a district, and shall elect one senator; the counties of Westmoreland and Allegheny shall be a district. and shall elect one senator; and the counties of Washington and Fayette shall be a district, and shall elect two senators, which senators shall serve until the first enumeration before mentioned shall be made, and the representation in both houses of the legislature shall be established by law, and chosen as in the constitution is directed. Any vacancies which shall happen in the senate, within the said time, shall be supplied as prescribed in the nineteenth section of the first article.

SEC. 8. That the elections of senators shall be conducted, and the returns thereof made to the senate, in the same manner as is prescribed by the election-laws of the State for conducting and making return of the election of representatives. In those districts which consist of more than one county, the judges of the district elections within each county, after having formed a return of the whole election within that county, in such manner as is directed by law, shall send the same, by one or more of their number, to the place hereinafter mentioned within the dis trict, of which such county is a part, where the judges so met shall compare and cast up the several county returns, and execute, under their hands and seals, one general and true return for the whole district; that is to say, the judges of the dis trict composed of the city of Philadelhpia, and the counties of Philadelphia ani Delaware, shall meet in the State-house in the city of Philadelphia; the judges of the district composed of the counties of Lancaster and York shall meet at the court-house in the county of Lancaster; the judges of the district composed of the counties of Berks and Dauphin shall meet at Middletown, in the county of Berks; the judges of the district composed of the counties of Cumberland and Mifflin shall meet in Greenwood township, county of Cumberland, at the house now occupied by David Miller; the judges of the district composed of the counties of Northumberland, Luzerne, and Huntingdon shall meet in the town of Sunbury; the judges of the district composed of the counties of Bedford and Franklin shall meet at the house now occupied by John Dickey, in Air township. Bedford County: the judges of the district composed of the counties of Westmoreland and Allegheny shall meet in Westmoreland County, at the court-house in the town of Greensborough; and the judges of the district composed of the counties of Washington and Fayette shall meet at the court-house in the town of Wash