« PreviousContinue »
the grant of five hundred thousand acres of land, to which the State of Wisconsin is entitled by the provisions of an act of Congress, entitled "An act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundred and forty-one, and also the five per centum of the net proceeds of the public lands lying within the State, to which it shall become entitled on its admission into the Union, by the provisions of an act of Congress, entitled “An act to enable the people of Wisconsin territory to form a constitution and State government, and for the admission of such State into the Union," approved the sixth day of August, eighteen hundred and forty-six, shall be granted to the State of Wisconsin for the use of schools, instead of the purposes mentioned in said acts of Congess respectively.
Resolved, That the Congress of the United States be, and hereby is requested, upon the admission of this State into the Union, so to alter the provisions of the act of Congress, entitled “An act to grant certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal in the territory of Wisconsin,” that the price of the lands reserved to the United States shall be reduced to the minimum price of the public lands.
Resolved, that the Legislature of this State shall make provision by law for the sale of the lands granted to the State in aid of said improvements, subject to the same rights of preemption to the settlers thereon, as are now allowed by law to the settlers on the public lands.
Resolved, That the foregoing resolutions be appended to and signed with the constitution of Wisconsin, and submitted there. with to the people of this territory, and to the Congress of the United States.
We, the undersigned, members of the convention to form a constitution for the State of Wisconsin, to be submitted to the people thereof for their ratification or rejection, do hereby certify that the foregoing is the constitution 'adopted by the convention.
In testimony whereof we have hereunto set our hands, at Madison, the first day of February, A. D. eighteen hundred and forty-eight.
MORGAN L. MARTIN, President of the Convention and Delegate from Brown County.
THOS. M'HUGH, Secretary.
STODDARD JUDD, CHARLES H. LARRABEE, SAMUEL W. LYMAN, Dodge.
SAMUEL W. BEALL, WARREN CHASE, Fond du Lac.
ORSAMUS COLE, GEORGE W. LAKIN, ALEXANDER D. RAMSAY, WILLIAM RICHARDSON, JOHN HAWKINS ROUNDTREE, Grant.
JAMES BIGGS, Green.
CHARLES BISHOP, STEPHEN P. HOLLENBECK, JOSEPH WARD, Iowa.
JONAS FOLTS, MILO JONES, THEODORE (PRENTISS, ABRAM VANDERPOOL, Jefferson.
CHARLES DUNN, JOHN O'CONNOR, ALLEN WARDEN, La Fayette.
JOHN L. DORAN, GARRETT M. FITZGERALD, ALBERT FOWLER, BYRON KILBOURN, RUFUS KING, CHARLES H. LARKIN, MORITZ SCHOEFFLER, Milwaukee. WILLIAM H. KENNEDY, Portage.
ALBERT G. COLE, STEPHEN A. DAVENPORT, ANDREW B. JACKSON, FREDERICK S. LOVELL, SAMUEL R. M'CLELLAN, JAMES D. REYMERT, HORACE T. SANDERS, THEDORE SECOR, Racine.
ALMERIV M. CARTER, JOSEPH COLLEY, PAUL CRANDALL, EZRA A. FOOT, LOUIS P. HARVEY, EDWARD V. WHITON, Rock.
SILAS STEADMAN, Sheboygan.
EXPERIENCE ESTABROOK, GEORGE GALE, JAMES HARRINGTON, AUGUSTUS C. KINNE, HOLLIS LATHAM, EZRA A. MULFORD, Walworth.
JAMES FAGAN, PATRICK PENTONY, LARVEY TURNER, Washington.
SQUIRE S. CIIASE, ALFRED L. CASTLEMAN, PETER D. GIFFORD, ELEAZOR ROOT, GEORGE SCAGEL, Waukesha.
HARRISON REED, Winnebago.
Section 8. No person shall be held to answer for a criminal offense without due process of law, and no person, for the same offense, shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.
ARTICLE III. Section 1. Every male person of the age of twenty-one years or upwards belonging to either of the following classes who shall have resided within the State for one year next preceding any election, and in the election district where he offers to vote such time as may be prescribed by the Legislature, not exceeding thirty days, shall be deemed a qualified elector at such election:
1. Citizens of the United States.
2. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.
3. Persons of Indian blood who have once been declared by law of Congress to be citizens of the United States, any subsequent law of Congress to the contrary not withstanding.
4. Civilized persons of Indian descent not members of any tribe; provided, that the Legislature may at any time extend by law the right of suffrage to persons not herein enumerated; no such law shall be in force until the same shall be submitted to a vote of the people at a general election and approved by a majority of all the votes cast at such election; and provided further, that in incorporated cities and villages, the Legislature may provide for the registration of electors and prescribe proper rules and regulations therefor.
ARTICLE IV. Sec. 4. The members of the Assembly shall be chosen biennially, by single districts, on the Tuesday succeeding the first Monday of November after the adoption of this amendment, by the qualified electors of the several districts; such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory, and to be in as compact form as practicable.
Sec. 5. The Senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the Assembly are required to be chosen, and no Assembly district shall be divided in the formation of a Senate district. The Senate districts shall be numbered in the regular series, and the Senators shall be chosen alternately from the odd and even numbered districts. The Senators elected, or holding over at the time of the adoption of this amendment, shall continue in office till their successors are duly elected and qualified; and after the adoption of this amendment, all senators shall be chosen for the term of four years.
Sec. 11. The Legislature shall meet at the seat of government at such time as shall be provided by law, once in two years and no oftener, unless convened by the Governor in special session, and when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened.
Sec. 21. Each member of the Legislature shall receive for his services, for and during a regular session, the sum of five hundred dollars, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the Legislature on the most usual route. In case an extra session of the Legislature, no additional compensation shall be allowed to any member thereof, either directly or indirectly, except for mileage, to be computed at the same rate as for a regular session. No stationery, newspapers, postage or other perquisite, except the salary and mileage above provided, shall be received from the State by any member of the Legislature for his services, or in any other manner as such member.
Sec. 31. The Legislature is prohibited from enacting any special or private laws in the following cases: 1st. For changing the name of persons or constituting one person the heir-at-law of another. 2. For laying out, opening or altering highways, execept in cases of State roads extending into more than one county, and military roads to aid in the construction of which lands may be granted by Congress. 3d. For authorizing persons to keep ferries across streams, at points wholly within this State. 4th. For authorizing the sale or mortgage of real or personal
property of minors or others under disability. 5th. For locating or changing any county seat. 6th. For assessment or collection of taxes or for extending the time for collection thereof. 7th. For granting corporate powers or privileges, except to cities. Sth. For authorizing the apportionment of any part of the school fund. 9th. For incorporating any city, town or village, or to amend the charter thereof.
Sec. 32. The Legislature shall provide general laws for the transaction of any business that may be prohibited by section thirty-one of this article, and all such laws shall be uniform in their operations throughout the State.
ARTICLE V. Sec. 5. The Governor shall receive during his continuance in office, an annual compensation of five thousand dollars, which shall be in full for all traveling or other expenses incident to his duties.
Sec. 9. The Lieutenant-Governor shall receive during his continuance in office, an annual compensation of one thousand dollars.
ARTICLE VI. Sec. 4. Sheriffs, coroners,
of deeds, district attorneys, and all other county officers, except judicial officers, shall be chosen by the electors of the respective counties, once in every two years. Sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices; they may be required by law to renew their security from time to time, and in default of giving such new security their office shall be deemed vacant, but the county shall never be made responsible for the acts of the Sheriff. The Governor may remove any officer in this section mentioned, giving to such a copy of the charges against him and an opportunity of being heard in his defense. All vacancies shall be filled by appointment, and the person appointed to fill a vacancy shall hold only for the unexpired portion of the term to which he shall be appointed and until his successor shall be elected and qualified.
ARTICLE VII. Sec. 4. The Supreme Court shall consist of one chief justice and four associate justices, to be elected by the qualified electors of the State. The Legislature shall, at its first session after the adoption of this amendment, provide by law for the