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counties of Monroe and Lenawee shall compose the second district, and elect three Senators; the counties of Hillsdale, Branch, St. Joseph, Cass, Berrien, Kalamazoo, and Calhoun shall compose the third district, and elect three Senators; the counties of Washtenaw and Jackson shall compose the fourth district, and elect three Senators; and the counties of Oakland, Lapeer, Saganaw, Macomb, St. Clair, Michilimackinac, and Chippewa shall compose the fifth district, and elect four Senators.

Any country attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation in the Legislature. Done in convention, at the city of Detroit, on the twenty-fourth day of June, eighteen hundred and thirty-five, in the fifty-ninth year of American independence.

John Norvell,
John McDonell,
Jno. R. Williams,
Alpheus White,
Amos Stevens,
Conrad Ten Eyck,·
Lewis Beaufait,
Peter Van Every,
J. D. Davis,
Caleb Herrington,
Ammon Brown,
Theoph's E. Tallman,
Geo. W. Ferrington,
Asa H. Otis,
Orin Howe,
Emanuel Case,
E. Mundy,
Orrin White,
Isaac Voorhees,
Randolph Manning,
Seneca Newberry,
Joshua B. Taylor,
Elijah Cook,
Ebenezer Raynale,
John Ellenwood,
Jeremiah Riggs,
Benjamin B. Morris,
William Patrick,
Ch. F. Irwin,

Wm. Woodbridge,

Edward D. Ellis,

JOHN BIDDLE, President.
Samuel White,
Thomas Curtis,
Norman Davison,
Samuel Axford,
Ephraim Calkin,
Jacob Tucker,
John S. Axford,
Henry Porter,
Solomon Porter,
John Clarke,
Ralph Wadhams,

James J. Godfroy,
Peter P. Ferry,
Robert McClelland,
David White,
Eliphalet Clark,
Samuel Ingersoll,
Lemuel Colbath,
J. V. D. Sutphen,
Ross Wilkins,
Selleck C. Boughton,
Allen Hutchins,
John J. Adam,
Joseph Howell, jun.
Joseph H. Patterson,
Darius Comstock,
Alexander Tiffany,
Gilbert Shattuck,
Abel Godard,
William Moore,
Robert Purdy,
John Brewer,
Alpheus Collins,
M. P. Stubbs,
Richard Brower,
Rufus Crossman,
Nathaniel Noble,
Russell Briggs,

Jonathan Chase,

ORDINANCE.

Townsend E. Gidley,
Roswell B. Rexford,
Lewis T. Miller,
Isaac E. Crary,
Ezra Convis,

Lucius Lyon,

William H. Welch,

Hezekiah G. Wells,
James Newton,
James Odell,

Baldwin Jenkins,.
John S. Barry,

Hubbel Loomis,
Martin G. Shellhouse,.
Titus B. Willard,
Elijah Lacy,

Michael Dousman,

Bela Chapman.

Be it ordained by the convention assembled to form a constitution for the State of Michigan, in behalf and by authority of the people of said State, that the following propositions be submitted to the Congress of the United States, which, if assented to by that body, shall be obligatory on this State :

1st. Section numbered sixteen in every surveyed township of the public lands, and, where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of schools.

2d. The seventy-two sections of land set apart and reserved for the use and support of a university, by an act of Congress approved on the twentieth day of May, eighteen hundred and twenty-six, entitled “An act concerning a seminary of learning in the Territory of Michigan," shall, together with such further quantities as may be agreed upon by Congress, be conveyed to the State, and shall be appropriated solely to the use and support of such university, in such manner as the Legislature may prescribe.

3d. Four entire sections of land, to be selected, under the direction of the Legislature, from any of the unappropriated lands belonging to the United States, shall be granted to the State for its use in establishing a seat of Government.

4th. Seven hundred sections of the unappropriated public lands lying within this State shall be designated, under the direction of the Legislature, and granted the State for the purpose of internal improvement. Said lands, or the proceeds of the sale thereof, shall be appropriated to aid the State in constructing one or more railroads or canals across the peninsula, from Lake Erie or Detroit river to Lake Michigan, and also to aid in the construction of such other roads and canals, and in the improvement of such rivers, as the Legislature may designate. And five per cent. of the nett proceeds of the sale of all lands lying within the Territory or State, which shall be sold by Congress from and after the first day of January, eighteen hundred and thirty-six, after deducting all the expenses incident to the same, shall be appropriated, two-fifths thereof for the purposes before described in this proposition, and three fifths for the encouragement of learning.

5th. All salt springs within the State, and the lands reserved for the use of the same, at least one section including each spring, shall be granted to the State, to be used or disposed of as the Legislature may direct.

6th. The roads commenced in this State, for the construction of which appropriations have been made by Congress, shall be completed and put in repair at the expense of the United States.

7th. The first Senators and Representative or Representatives elected to Congress from this State are hereby authorized and empowered to make or assent to such other propositions, or to such variations of the propositions herein made, as the interests of the State may require; and any such changes or new propositions, when approved by the Legislature, shall be as obligatory as if the assent of this convention were given thereto; and all stipulations entered into by the Legislature in pursuance of the authority herein conferred, shall be considered articles of compact between the United States and this State; and the Legislature is hereby further authorized to declare, in behalf of the people of Michigan, if such declaration be proposed by Congress, that they will never interfere with the primary disposal, under the authority of the United States, of the vacant lands within the limits of this State.

CHARLES W. WHIPPLE, & Secretaries.

MARSHAL J. BACON,

JOHN BIDDLE, President.

I, John Biddle, president of the convention to form a constitution, do hereby certify the foregoing to be a true copy of the constitution adopted by the said convention.

In witness whereof, I have hereunto set my hand this 23d day of November, A. D. 1835.

JOHN BIDDLE, President of the Convention.

AN ACT to enable the people of Michigan to form a Constitution and State Government.

Whereas it is ordained and declared, in and by the ordinance for the government of the territory of the United States northwest of the river Ohio, passed by Congress on the 13th day of July, 1787, that certain articles therein contained "shall be considered as articles of compact between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent:"

And whereas it is stipulated in and by the fifth of the said articles of compact that there shall be formed in the said territory not less than three, nor more than five States; and that "the boundaries of the three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan :"

And whereas it is stipulated in the said article that the said three States shall be bounded on the north either by the territorial line between the United States and Canada, or the said east and west line:

And whereas Congress has not admitted the said three States into the Union, according to the boundaries mentioned in the said article:

And whereas it is provided in and by an act of Congress entitled "An act to divide the Indiana Territory into two separate Governments," approved January 11, 1805, as follows, to wit:

"SEC. 1. That all that part of the Indiana Territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend, through the middle of said lake, to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a separate Territory, and be called Michigan:

"SEC. 2. The inhabitants thereof shall be entitled to and enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States northwest of the river Ohio, by the said ordinance :"

And whereas it was the right and privilege of sixty thousand free inhabitants within the limits of Indiana, according to the said ordinance, to form for themselves a permanent constitution and State Government: And whereas the same right and privilege is granted by the act aforesaid to the people of Michigan, whenever there shall be sixty thousand free inhabitants within the limits mentioned in the said act:

And whereas it is ascertained, under the authority of an act of the Le

gislative Council, passed on the 6th day of September, 1834, that there now are eighty-seven thousand two hundred and seventy-three free inhabitants within the limits prescribed for Michigan by the act aforesaid : Therefore, for the purpose of enabling the free inhabitants of the said Territory to secure to themselves the rights and privileges guarantied to them by the said ordinance and acts of Congress,

SEC. 1. Be it enacted by the Legislative Council of the Territory of Michigan, That the said free inhabitants of the Territory of Michigan, as the said Territory was established by the act of Congress entitled "An act to divide the Indiana Territory into two separate Governments," approved January 11, 1805, that is to say, of all that territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan, east of a line drawn from the said southerly bend, through the middle of said lake, to its northern extremity, and thence due north to the northern boundary of the United States, and west and south of the said boundary of the United States, be, and they are hereby, authorized to assemble to choose delegates in the manner and at the time and place hereinafter mentioned, to form for themselves a constitution and State Government, upon the principles and according to the provisions contained in the ordinance for the government of the territory of the United States northwest of the river Ohio," adopted in Congress the 13th day of July, 1787.

SEC. 2. That the free white male inhabitants of the said Territory, above the age of twenty-one years, who shall reside therein three months immediately preceding Saturday, the fourth day of April next, in the year one thousand eight hundred and thirty-five, be, and they are hereby, authorized to choose delegates to form a convention, who shall be elected in the several districts as follows, to wit: The county of Wayne shall form the first election district, and shall be entitled to elect seventeen delegates to the said convention; the county of Monroe shall form the second district, and shall be entitled to elect nine delegates; the county of Lenawee shall form the third district, and shall be entitled to elect eight delegates; the county of Washtenaw, and the county attached thereto for judicial purposes, shall form the fourth district, and shall be entitled to elect fifteen delegates; the county of Oakland, and the county attached thereto for judicial purposes, shall form the fifth district, and shall be entitled to elect fourteen delegates; the county of Macomb shall form the sixth district, and shall be entitled to elect six delegates; the county of St. Clair shall form the seventh district, and shall be entitled to elect two delegates; the county of Jackson shall form the eighth district, and shall be entitled to elect two delegates; the counties of Hillsdale and Branch, and all that part of the Territory lying south of the county of Branch, shall form the ninth district, and be entitled to elect one delegate; the county of Calhoun shall form the tenth district, and be entitled to elect two delegates; the county of Kalamazoo, and the county attached thereto for judicial purposes, shall form the eleventh district, and shall be entitled. to elect three delegates; the county of Cass, and all that part of the Territory lying south of the said county, shall form the twelfth district, and be entitled to elect three delegates; the county of St. Joseph, and all that part of the Territory lying south thereof, shall form the thirteenth district, and be entitled to elect three delegates; the county of Berrien, and

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all that part of the Territory situated south and southwest thereof, shall form the fourteenth district, and be entitled to elect two delegates; the county of Michilimackinac shall form the fifteenth district, and shall be entitled to elect one delegate; and the county of Chippewa shall form the sixteenth district, and be entitled to elect one delegate. The aforesaid delegates shall be citizens of the United States, of at least the age of twenty-one years.

SEC. 3. The election for the said delegates shall be holden on Saturday, the fourth day of April next, in the several townships within the said several election districts, and shall be in every respect held and conducted in the same manner, and under the same regulations, and the result certified, transmitted, and declared, in the same manner, as near as may be, agreeably to the provisions of an act entitled "An act to provide for the election of a delegate in the Congress of the United States," approved April 12, 1827; and whenever any person shall present his vote or ballot at such election for delegates, if he shall be challenged by either of the inspectors, or by any elector, said inspectors shall cause to be read to such person so much of the second section of this act as relates to the qualifications of voters, and shall then tender and administer to him the following oath: "I, A B, do solemnly swear (or affirm) that I am duly qualified to vote at this election according to law;" and thereupon the said inspectors shall receive the vote of the person so taking the oath or affirmation as aforesaid; and in case such person shall refuse to take such oath or affirmation, he shall not be permitted to vote at said election.

SEC. 4. That it shall not be lawful for any officer or minister of justice to serve any civil process on any person entitled to vote at said election on the day preceding the said election, on the day of election, nor on the day immediately succeeding the same.

SEC. 5. The delegates elected as aforesaid shall meet at the capitol, in the city of Detroit, on the second Monday of May next; and they, or a majority of them, are authorized to adjourn the said convention to any other place within the said Territory for the transaction of business. MORGAN L. MARTIN, President of the Legislative Council.

Approved: January 26, 1835.

STEVENS T. MASON.

TERRITORY OF MICHIGAN, 88.

I, John S. Horner, Secretary, and at present acting Governor in and over the Territory of Michigan, do hereby certify that the foregoing is a true copy of an act entitled "An act to enable the people of Michigan to form a constitution and State Government," on file in the office of the Secretary of said Territory.

In witness whereof, I have hereunto set my hand, and caused [L. S.] the great seal of said Territory to be affixed, at Detroit, this 21st day of November, A. D. 1835, and of our independence the 60th. JOHN S. HORNER, Secretary and Acting Governor in and over Michigan Territory.

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