CONSTITUTION

©F THE

STATE OF WISCONSIN.
ADOPTED IN CONVENTION, AT MADISON, ON T H E
FIRST DAY O F FEBRUARY, IN T H E YEAR OF
OUR LORD ONE THOUSAND EIGHT HUN«
DRED AND FORTY-EIGHT.

PREAMBLE.
We, xhte people of Wisconsin, grateful to Almighty God for Ow?
freedom:; in order to secure its blessings, form a more perfect gorerr •
inent, insure domestic tranquility, and promote the general welfara ,•
<io establish this

CONSTITUTION.

ARTICLE L
DECLARAI ION OF RIGHTS.
SECTION!. All men are born equally free and independent, and
'have certain inherent rights, among these are life, liberty and the
pursuit of happiness ; to secure these righis, governments are iusti-
tuted among men, deriving their just powers from the consent of th«
governed.
SEC. 2. There shall be neither slavery nor involuntary servitud«?
in this State otherwise than for the punishment of crime, whereof tfay
party shall have been duly convicted.
SEC. 3. Every pirson may freely speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that
right, and no laws shall be passed to restrain or abridge the liberty of
speech or of the press. In all criminal prosecutions or indictment!»
for libel, the truth may be given in evidence, and if it shall appear
to the jury, that the matter charged as libellous, be true, and wa^i
published with good motives, and for justifiable ends, the party shaii
be acquitted ; and the jury shall have the right to determine the law
ana the fact.
SEC. 4. The right of the people peaceably to assembly to consul
for the common good, and to petition the Government or any depart-
ment thereof, shall never be abridged.
SEC. 5. The right of trial by jury shall remain inviolate ; aßd
shall extend to all cases at law ; without regard to the amount in con-
troversy ; but a jury trial may be waived by the parties in all cases,
in the manner prescribed by law.
3 K » I A H BSOWK, Txinter.
 SEC. 6. Excessive bail shall not be required, nor shall excessive
fi-nes be imposed, nor cruel and unusual punishments inflicted.
SEC. 7. In all criminal prosecutions, the accused shall enjoy tho
right to be heard by himself and counsel; to demand the nature and
cause of the accusation against him, to meet the witnesses face to face ;
to have compulsory process to compel the attendance of witnesses in
his behalf ; and in pro?ecutions by indictment, or information, to a
^pe^dy public trial by an impartial jury of the county or district
wherein the^ offence shall have been committed, which county or dis-
trict shall have been previous'y ascertained by law.
SEC. 8. No person shall be held to answer for a criminal ofTenco
unless on the presentment or indictment of a grand jury, except in
cases of impeachtpenl, or in cases cognizable by justices of the peace,
or arising in the army or navy, or in the^militia when in actual ser-
vice in time of war or public danger; and no person for the same
offence shall be put twice in jeopardy of punishment, nor shall bo
compelled in any criminal case to be a witness against himself; all
persons shall before conviction be bailable by sufllcient sureties, ex-
cept for capital offences, 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.
SEC. 9. Every person is entitled to a certain remedy in the laws,
for all injuries or wrongs which he may receive in his person, prop-
erl)% or character ; he ought to obtain right and justice freely, and
without be-ng obliged to purchase it, completely, and without denial,
promptly, and without delay, conformably to the laws.
SEC. 10. Treason against the State, shall consist only in levying
war against the same, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession iu
open court. . .
SEC, H . The right of the people to be secure in their persons,
houses,,papers and effects, against unreasonable searches and seizures,
shallnot be violated, and no warrants shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons or tkings to be seized,
. SEC, 12.. .No bill of attainder, expost facto law, nor any law im-
pairing the obligation of contracts, shall ever be passed, and no con-
viction shall work corruption of blood, or forfeiture of estate.
SEC» 13. -The property of no person shall be taken for public use,
without just compensation therefor.
SEC. 14. All lands within the State are declared to be allodial, and
feudel tenures are prohibited. Leases and gr?.nls of agricultural
lands, for a longer term than fifteen years, in which rent or service of
any kind shall be reserved, and all fines or like restraints upon alien-
ation reserved m any grant of land hereafter made, are declared to be
void.
SEC, 15, No distinction shall ever be made by law between resi-
dent aliens and citizens, in reference to the possession, enjoyment or
descent of property.
SEC. 16, No person shall be imprisoned for debt arising out of, or
founded on a contract, express or implied. •
SEC. 17. The privilege of the debtor to enjoy the necessary com-
forts of life, shall be recognized by wholesome laws, exempting a
reasonable amount of property from seizure or sale for the payment
of any debt or liability hereafter contracted.
 'S

SEC. 18. T h e right of every man to woi-ship Almighty God a c '

eording to the dictates of his own conscience, shall never be infringed,
nor shall any man be compelled to attend, erect, or support any place
of worship, or to maintan any ministry against his consent ; nor shall
any control of or interference with the rights of conscience be permitted,
or any preference be given by law to any religious establishments or
yiodes of worship, nor shall any mone}' be drawn from the treasury
for the benefit of religious societies or theological or leligious semipg,«-
ries, ., .
SEC, 19, No religious test shall ever be required as a qualification
for any office of public trust under the State, and no person shall be
rendered incompetent to give evidence in any court of law or equity,
ih consequence of his opinions on the subject of religion.
SEC, 20, T h e military shall be in strict subordination to the civil
power.
SEC, 2 1 , Writs of error shall neyer be prohibited by law.
SEC, 22, T h e blessings of a free government can only be main^
tained by a firm adherence to justice, moderation, temperance, frugal-
ity and virtue, and by frequent recurrence to fundamental princjipi&s.

A R T I C L E II.
BOUNDARIES.
SECTION I, It is hereby ordained and declared that the State of
Wisconsin doth consent and accept of the boundaries prescribed in
the act of Congress, entitled " An Act to enable the people of W i s -
consin Territory to form a Constitution and Slate Government, and
for the admission of such State into the Union," approved August
.sixth, one thousand eight hundred and forty-six, to wit : Beginning
at the north-east corner of the State of Illinois, that is to say, at a
})oint in the centre of Lake Michigan, where the line of forty-tvi'o
degrees and thirty minutes of north latitude crosses the same ; thence,
running with the boundary line of the State of Michigan, up
I^ake Michigan, Green J^ay, to the mouth of Menomonee river;
thence up the channel of the said river to the Brule river; thence u p
sajd last mentioned river to Lake Brule; thence along the southern
shore of Lake Brule in a direct line to the centre of the channel be-
iween middle and south Islands in the Lake of the Desert; thence itj
a direct line to the head waters of the Montreal river, as marked upon
the survey made by Captain Gramm; thence down the main channel
of the Mcntreal riycr to thnnidd e cf fjake Super or; then:e through
the centre of Lake Superior to the mouth of the St Louis river; thenee up
the main channel of the said river to the first rapids in the same, above
the Indian village, according to Nicollett's m a p ; thence due south to
tlie main branch of the river St, Croix; thence down themain channel
of the said river to the Mississippi; thence down the centre of the
main channel of that river to the north-west corner of the State Illinois;
ithence due east with the northern boundary of the State of Illinois to
the place of beoinning, as established by " A n Act to enable the peo-
ple of Illinois Territory to form a Constitution and State Government,
and for the admission cf such State into the Union on an equal foot-
ing with the original States," approved April 18th, 1818,
Provided, however, that the following alteration of the aforesaid
l>oundary be, and hereby is proposed to the Congress of the United
States at the preference or the State of Wisconsin, and if the same
 »hall be assented and agreed to by the Congress of the United States,
then the same shall be and forever remain obligatory on the State of
Wisconsin, viz : Leaving the aforesaid boundary line, at the foot of
' t h e rapids of the St. Louis river; thence in a direct line, bearing south-
U'estwardly to the mouth of Iskodewabo or Rum river, where the
same empties into the Mississippi river, thence down themain channel
of the said Mississippi river, as prescribed in the aforesaid boundary.
SEC. 2. The propositions contained in the act af Congress are
hereby accepted, ratified and confirmed, and shall forever remain irre-
vocable with the consent of the United States ; and it is hereby ordain-
ed that this state shall never interfere with the primary disposal of
the soil within the same by the United States, nor with any regulations
Congress may find necessary for securing the title in sach soil to bona
fide purchasers thereof; and no tax shaü be imposed on land, the
property of the United States ; and in no ease shall non-resident pro-
prietors be taxed higher than residents. Provided, that nothing in
this Constitution, or in the act of Congress aforesaid, shall in any
manner prejudice or affect the rights of the State of Wisconsin to five
hundred thousand acres of land granted to said State, and to be here-
after selected and located j?y and under the act of Congress entitled
'^ An Act to appropriate the proceeds of the sales of public lands, and
grant pre^-emption rights," approved September fourth, one thousand
eight hundred and forty-one.

ARTICLE. III.
SUFFRAGE.

SECTION 1. Every male person of the age of twenty-one years or

upwards, of the following classes, vvho ohall have resided in this State
for one year next preceding any election, shall be deemed a qu.alifi,«<|
elector at such election.
lit. White citizens of the United States.
2d. White persons of foreign birth who shall äave declared their
intention to become citizens- conformably to tho'laws of the United.
States on the subject ot naturalization.
3d. Persons of Indian blood who shal^ have once been declared by^
law of Congress to be citizens of the united States, any subsequent
apt of Congress to the contrary notwithstandiiag.
4th. Civilized persons of Indian descent not members of any tribe;.
Provided, that the legislature may at any tim,e exieîjd by lavv the right
nrf sufirage to persons not herein, enumerated, but no such law shall
he in force until the same shall have been submitted to a vote of the
people at a general election, and approve<i by a majority of ail the
votes cast at such election.
SEC. 3 . No person under guardianship, non compos mentis, or in-
sane, shall be quaiified to vote at any election : nor shall any person,,
convicted of treason or felony, be qualified to vote at any election, un-
less restored to civil rights.
SEC. 3 . AU voles shall be given by ballot, except for such town-
ship officers as may by law be directed or allowed to be otherwise
rhpsen.
SEC. 4. No person shall be deemed to have lost his i-esidence in
Hiis State by reason of his absence on business of the United States or
of this State.
SEC. 5. No soldier, seaman, or marine in, the army or navy of th«.
United States shall be deemed a resident of this State, in consequence
cf being stationed within the same.
SEC, 6, Laws may be passed excluding from the right of suffrage
all persons who have been, or may be convicted'of bribery, or larce-.
r.y, or of any infamous crime, and depriving every person who shall
make or become directly interested in any bet or wager depending
upon the result of any election, from the right to vote at such election.

ARTICLE IV.
LEGISLATIVE.
SECTION 1. The legislative power shall be vested in a senate and ,
assembly.
SEC, 2. The number of the members of the assembly shall never .
be less than fifty-four, nor more than one hundred.. The senate shall
consist of a number of members not more than, one third, nor less
than one-fourth of the number of the members of the assembly.
SEC. 3. The legislature shall provide by law for an enumeration ,
of the inhabitants of the state in the year one thousand eight hundred
and fifty-five, and at the end of every ten years thereafter; and at
their first session after such enumerati©n, and also after each enumer-
ation made by the authority of the United States, the legislature shall
apportion anew the members of the senate and assembly, according .
to the number of inhabitants, excluding Indians not taxed, and sol-
diers and officers of the United States army and navy.
SEC. 4, The members of the assembly shall be chosen annuaîly
by single districts, on the Tuesday succeeding the first Monday of,
November, 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 be in as compact form as practica-
ble.
SEC, 5, The senators shall be chosen at the first election by sin- ,
gie districts of conyenient 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 regular
series, and the senators chosen by the odd numbered districts shall go«'
out of ofîice at the expiration of the first year, and the senators chos-- •
en by the even numbered districts shall go out of office at the expira-
tion of the second year, and thereafter the senators shall be chosen
for the term of two years.
SEC. 6. No person shall be eligible to the legis'ature, who shall
not have resided one year within the state, and be a qualified elector-.
in the district which he may be chosen to represent.
SEC. 7. Each house shall be the judge of the elections,, returns .
and qualifications of its own members ; and a majority of each shall
constitute a quorum to do business, but a smaller number may adjourn
from day to day, and may compel the attendance of absent members,,
in such manner and under such penalties as each house may provide..
SEC. 8. Each house may determine the rules of its own proceed--
ings, punish for contempts and, disorderly behavior, and, v>fith the-
concurrence of ttvo-thirds of all the members elected, expel a mem.*
ber, but no member; shall ba expelled a second time for the saia©
cause.
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SEC. 9. Each house shall choose its own officers, and the senate-
shall choose a temporary president when the lieutenant governor
shall not attend as president, or shall act as governor.
SEC. 10, Each house shall keep a journal of its proceedings, and-
publish the same, except such parts as require secrecy. The doors
of each house shall be kept open, except when the public welfiire
shall require secrecy. Neither house shall, without consent of the
other, adjourn for more than three days..
SEC. 11. The legislature shall meet at the seat of government, at
such time as shall be provided by law, once in eash year and not of-
tener, unless convened by the governor.
SEC. 12, No member of the legislature shall» during the term
for which he was elected, be appointed or elected toasiy civil office in
the state, which shall have been created or the emoluments of which
shall have been increased during the term for whieh he was elected.
SEC, 13, No person being a member of congress, or holding any
civil or military office under the United States,shall be eligibleitoa seal
in the legislature ; and if any person shall, after his election as a
member of the legisiature^ be elected to congress, or be appointed to
any office, civil or military, under the government of the United
States, his acceptance thereof shall vacate his seat,.
SEC. 14. The governor shall issue writs of ele-ction to fill such«
vacancies as may occur in either house of the legislature.
SEC. 15. Members of the legislature shall in all cases, except
treason, felony and breach of the peace, be privileged from arrest,
nor shall they be subject to any civil process, during the session of
the legislature, nor for fifteen days next before the commencement
and after the termination of each session-.
SEC. 16. No member of the legislature shall be liable in any civ-
il action, or criminal prosecution whatevv.-r, for words spoken in debate.
SEC. 17. The style of the laws of the state shall be : "l^ie people
of the state of Wisconsin', represented in senate and assembly, do en-
act as follows :" and no law shall be enacted except by bill.
SEC, 18, No private or local bill, which may be passed by the
legislature, shall embraceniore than one subject, and that shall be
expressed ia the title.
SEC, 19, Any bill may originate- in either house of the legisla-
tare, and a bill passed by one house rnay be amended by t'he other,.
SEC. 20. The yeas and nays of the members of either house, oa
any question, shall, at the request of one-sixth of those present, be
entered on the journal.
SEC. 21. Each member of the legislature shall receive for hisser-
vices, two dollars and fifty cents for each' day's attendance during the
session, and ten cents for every mile he shall travel^ in-, going to and
returning from the place of the meeting of the Ifegislatui»,. on the
most usual route.
SEC. 22. The legislature may confer upon the board ef supervi-
sors of the several counties of the state, such powers of a fecaJilegis-
Jative and administrative character, as they shall from time t©'time
prescribe.
SEC. 2 3 . The legislature shall establish but one system of towns
and county government, which shall be as nearly uniform as practi-
cable.
SEC. 24. The legislature shall never authorize any lottery or grant
^divorce.
 SEC. 25. The legislature shall provide by law, that all stationerr
required for the use ot the state, and all printing authorized and re-
quired by them to be done for their use, or for the use of the state,
shall be let by contract to the lowest bidder, but the legislature may
establish a maximum price. No member of the legislature, or other
state officer, shall be interested, either directly or indirectly,, in any
such contract.
SEC. 2Ö, The legislature shall never grant any extra compen-
sation to any public officer, agent, servant, or contractor, after the ser-
vices shall have been rendered, or the contract entered into. Nor
shall the compensation of any public officer be increased or dimin-
ished during his term of office.
SEC, 27. The legislature shall direct, by law, in what manner, and
in what courts suits may be brought against the state.
SEC, 28. Members of the legislature, and all officers, executive
and judicial, excep* such inferior officers, as may be by lavv exempt-
ed, shall, before they enter upon the duties of their respective offices,
take and subscribe an oath or affirmation to support the constitution of
the United States, and the'constitution of the State of Wisconsin, and
faithfully to discharge the duties ot their respective offices to the best
of their ability.
SEC. 29. The legislature shall determine what persons shall con •
stitute the militia of the state, and rnay provide for organizing and
disciplining the same, in such manner as shall be prescribed by law.
SEC, 30. In all elections made by the legisIaliKe, the members there-
of shall vote viva voce, and their rotes shall be entered! on the journal.

ARTICLE v..
EXECUTIVE.
SECTION L The executive power shall Be vested^ in a^ governor,
who shall hold his office for two years, a lieutenant governor, who
shall be elected at the same time, aTid for the same term.
SEC. 2, No person except a citizen of the United States, and a»
qualified elector of the state shall be eligible to the office of governor
or lieutenant governor.
SEC, 3. The governor and Heutenant governor shall be elected'by
the qualified electors of the state, at the times and places of choosing:
members of the legislature. The persons respectively having the
highest number of votes for governor and lieutenant governor shall he,
elected; but in case two or more shaJl have an equal and the highest
number of voles for governor or lieutenant governor, the two houses
of the legislature, at its next annual session, shall forthwithyby joint
ballot, choose one of the persons so having an equal and the highest
number of votes, for governor or lieutenant governor. The retu.rns of
election for governor and lieutenant governor, shall be made in such
manner as shall be provided by law.
SEC. 4. The governor shall be con^maa^der-in'-ehief of the military
and naval forces of the state. Hie shall nave power t© convene the
legislature on extraordinary occasions, and ia case of invasion, or
danger from the prevalence of contagious dîseas«' at the seat of goy-
•ernment, he may convene them at any other suimfele plhce within
the State. He shail communicate to the legislature at ereiy session,
the condition of the state ; and recommend such matters to tlmm for
 8
their consideration as he may deem expedienî. H e shall transact all
necessary business with the offices of government, civil and military.
He shall expedite all such measures as may be resolved upoa by the
legislature, and shall take care that the laws be faithfully executed.
SEC. 5. The governor shall receive during his continuance in
office an annual compensation of one thousand two hundred and fifty
dollars.
SEC. 6. The governor shall have the power to grant reprieves.,
commutations and pardons after conviction, for all offences except
treason and cases of impeachment, ups-n such conditions, and with
such restrictions and limitations as he may think proper, subject to
such regulations as may be provided by law relative to the manner of
appl3angfor pardons. Upon conviction for treason, he shall have the
power to suspend the execution of sentence, until the case shall be
reported to the legislature at its next meeting, when the legislature
shall either pardon, or commute the sentence, direct the execution of
the sentence, or grant a further reprieve. He shali annually commu-
nicate to the legislature each case of reprieve, commutation or pardon
granted, stating the name of the convict, the crime of which he was
convicted, the sentence and its date, and the date of the commutation,
))ardon or reprieve, with his reasons for granting the same.
SEC, 7, In case of the impeachment of the governor, or his removal
from office, death, inability from mental or physical disease, resigna-
tion, or absence from the state, the powers and duties of the office
shall devolve upon the lieutenant governor for the residue of the
term, or until the governor, absent or impeached, shall have returned^
or the disability shall cease. But when the governor shall, with the
consent of the legislature, be out of the state in time of war, at the
head of the military force thereof, he shall continue commander-in-
chief of the military force of the state.
SEC. 8, The lieutenant governor shall be president of the senate,
but shall have only a casting therein. If, during a vacancy of the
office of governor, the lieuter.ant governor shall be impeached, dis-
placed, resign, die, or from mental or physical disease, become inca-
pable of performing the duties of his office, or be absent from the state,
the secretary of state shall act as governor, until the vacancy shall be
filled, or the disability shall cease.
SEC, 9, The lieutenant governor shall receive double the per diem
allowance of members of the senate, for every days attendance as pres-
ident of the senate, and the same mileage as shall beallowed to mem-
bers of the legislature.
SEC, 10. Every bill which shall have passed th-e legislature,, shall,
before it becomes a law, be presented to the governor; if he approve,
he shall sign it, but if not, he shall return it with his objections to that
house in which it shall have originated, who shall enter the objections
at large upon the journal, and proceed tore-consider it. If after such
re-consideration, two thirds of the members present shall agree to pass
the bill, it shall, be sent, together with the objections, to the other
house by which it shall likewise be re-considered and if approved by
two thirds of the members present, it shall become a law. But in alt
such cases the votes of both houses shall be determined by the yeas
and nays, and the names of members voting for or against the bill,
shall be entered on the journal of each house respectfully. If any-
bill shall not be returned by the governor within three days ( Sundays
excepted) after it shall have been presented to him, the same shall be-
a law, unless the legislature shall, by their adjournment preven* '**•
return in which case it shall not be a law.
 9

A R ' H C L E VI.
ADMINISTRATIVE.

SECTION I, Therp ihall bê chosen b}?- the qualified electors of the'

state, at the times and places of choosing the mem.bers of the legisla-
ture, a secretary of ssate, treasurer, and attorney general, who shall
»everal'ly hold 'heir olUces for the term of two years.
SEC, 2, The secre'aTy of slate shall keep a fair record of the offi-
cial acts of the legislative and executive departmer>t of the stale, and
shall, when required,! y the same, and all matters relative thereto, before
either branch of the i gislature : he shall be ex officio auditor, and shall'
jierform such other dtities as shall be assigned him by law. H e shall
receive as a comp;'; ation for his services yearly, such sum as shall
be provided by law, • nd shall k e e p his office at the seat of govern-
ment.
SEC, 3. T h e powers, duties and compensation of the treasurer, and
attorney general shal be prescribed by law.
SEC, 4. Sheriff coroners, registers of deed» and districi; attorneys-
shall be chosen by tlie electors of the respective counties, once in ev-
ery two years, and as often as vacancies shall happen; sheriffs shall
hold no other office, and be ineligible for two years next succeeding,
after the termination of their offices. T h e y may be required, by law,
to renew their .i'C.irity from time to t i m e ; and in default of giving
such new security, their offices shall be vacant. But th-e county shall
never be made responsible for the acts of the sheriff. T h e governor
may remove any officer, in this section mentioned, giving tosuich of-
ficer a copy of the charges against him, an opporiunity of being hearJ
in his defence.

A R T I C L E VIL
JUDICIARY.

SECTION I. T h e court for the trial of impeachments shall be com-

posed of the senate. T h e house of representatives shall have
the power of impeaching all civil officere of this slate, for corrupt
conduct in office, or for crimes and misdemeanors; but a majority of
all the members elected shall concur in an impeachment. On the
trial of an impeachment against the governor, the lieutenant governor-
shall not act as a member of the court. No judicial officer shall exer-
cise his office after he shall have been impeached until his acquittal.
Before the trial of an impeachment, the members of the court shall
take an oath or affirmation truly and impartially to try the impeach-
ment according to evidence; and no person shall be convicted with-
out the concurrence of two-thirds of the members present. Judg-
ment in cases of impeachment shall not extend further than removal
from office and disqualification to hold any cffice of honor, profit or
-trust under this state ; but the party impeached shall be liable to
indictment, trial and punishment according to law.
SEC, 2, T h e judicial power of this stale, both as to matters of law
and equity, shall be vested in a supreme court, circuit courts, courts
of probate, and injustices of the peace. T h e legislature may also vest
such jurisdiction as shail be deemed necessary in municipal courts,
ond shaU have power to establish inferior couris, in the several coun-
 10

ties, with limited civil and criminal juriscictio. Provided, That the'
jurisdiction which may be vested in mum- i])al courts, shall not
exceed, in their respective municipalities, thit of circuit courts, in
their respective circuits, as prescribed in this i oistitution. And that
the legislature shall provide as well for tht c-ieclion of judges of
municipal courts, as of the judges of inferior i -i; -ts, by the qualified
electors of the respective jurisdictions. Th. unn of office of the
judges of the said municipal and inferior cou: s îhall not be longer
than that of the judges of the circuit court.
SEC. 3, T h e supreme court, except in cases otherwise provided in
this constitution, shall have appellate jurisdiclioa only, which shall be
c-f)-exrensive with the state, but in no case removed lo the supreme
court shall a trial by jury be allowed,. T h e su[-'v".re court slriH have
a general siiperintending control.
SEC. -4. Eor the term of five years, and there:if;.''r until the legisla-
11.1 re shall otherwise provide, the judges of the se^'eral circuit courts
sha i be judges oi' the supreme court, four of whom shall constitute a
(juorum, and the concurrence of a majority of the judges present shal!
be necessary to a decision. T h e egjs ature sha I have power, if they
shou d think it expedient and necessary, to proride by ia\v' for tb'e''
organization of a separate supreme court, with li e jurisdiction and
powers prescribed in this constitution, to consist of one chief justice
and two associate justices, to be e'ected by the qua. ified e'ectors of
the state, at such time and in such manner as the legis'ature may pro-
vide. T h e separate supreme court, when so organised, shal I not be
changed or discontinued by the legis ature. T h e judges thereof shail
be so c a.ssified that but one of them sha I go out of office at the samu
time, and their term of office shall be the same as is provided for the judg-
es of the circuit court. And whenever the legis ature may consideif i!
necessary to estab ish a separate supreme court, they sha! I have pow-
er to reduce the number of circuit court judges to four-, and subdivides
the judcia circuits ; but no such subdivision or reduction shall take
eflect, nor tin after the expiration of the term of some one of the said
judge;^ or li'i a vacancy occur by some other means.
SEC, 5. T h e state shall be divided into five judicial circuits, to he
composed as follows: the first circuit shall comprise the counties of
Racine, Walworth, Rock and Green : the second circuit, the counties
of Milwaukee, Waukesha, .Tefferson and Dane : the third circuit the
counties of Washington, Dodge, Columbia, Marquette, Sauk and
Portage ; the forth circuit, the counties of Brown, Manitouwoc, She-
boygan, Fond du Lac, Winnabago and Calumet; the fifth circuit
«hall comprise the counties of Iowa, La Fayete, Grant, Crawford and
St. Croix-, and the county of Richland shall be attached to I o w a ; the
county of Chippewa tothe county of Crawford, and the county of La
Pointe to the county of St. Croix for judicial purposes until otherwise
provided bv the legislature.
SEC, 6, T h e legislature may alter the limits or increase the num
ber of circuits, making them as compact and convenient as ])racticu-
ble, and bounding them by county lines ; but no such alteration or in-
crease shall have the effect to remove a judge from office. In case of
an increase of circuits, the judge or judges shall be elected as provi-
ded in this constitution, and receive a salary of not less than that here-
in provided forjudges of the circuit court.
SEC, 7. For each circuit there shall be a judge chosen by the qual-
ified electors therein, who shall hold his office as is provided in thi.s
r o.7-.-''ution and until his successor shall be chosen and qualified, and
 il
»fier be shall have been elected he shall reside in the circuit for which
he was elected. One of said judges shall be designated as chief
justice in such manner as the legislature shall provide,' And the leg-
islature shall at its first session provide by law as well for .the election
of as for classifying the circuit judges to be elected under this constitu-
tion, in such manner that one of said judges shall go ouc of office in
two j'^ears, one in three years, one in four years, ore in five years and
one in six years, and thereafter the judge elected to fill the office shall
hold the same for six years.
SEC 8, The circuit courts shall have original jurisdiction in all
matters civil and criminal within this state, not excepted in this con-
stitution, and not hereafter prohibited by law, and appellate jurisdic-
tion from all inferior courts and tribunals, and a supervisory controi
over the same. They shall also have the power lo issue writs of ha-
beas corpus, mandamus, injunction, quo warranto, certiorari, and all
other writs neceçgary to carry into effect their orders, judgements and
decrees, and give the^n.^a general control over inferior courts and ju-
risdictions. • . •'**';• n ; '
SEC. 9, When a vacancy shalJ happen in the office of a supreme
or circuit judge, such vacancy shall be fiiied by an appointment of
the governor, which shall continue until a successor is ejected and
qua'ified ; and when e ected, such successor eha:l ho xl his office the
residue of the unexpired term. There shall be no e ection for a
judge or judges at any general e'ection, for state or county officers, ncir
within thirty days either before or after such e ection.
SEC. 10. ft'ach of the judges of the supreme and circuit courts,
shall receive a salary, payable quarterly, of not less than one thous-
and five hundred dollars annuafy ; they shall receive no fees of office
or other compensation than their salaries; they shall hold no,office of
public trust, except a judicial office during the term ibr whieh they
are respectively elected, and all votes for either of them for any office
except a judicial office, giv-n by the legislature or the people, shall
be void. No pejson shall be eligible to the office of judge who -shall
not at the time of his election, be a citizen of the United Slates, and
have attained the age of twenty-five years, and be a qualified elector
within the jurisdiction I'of which he may be chosen. ^.K
SEC. 11. The supreme court shall hold at least one term annually
at the seat of government of the state, at such tune as shall be provid-
ed by lav/, and the legislature may provide for holding other,terms,
and at other places when they may deem, it necessary. A circuit
court shall be held at kîast twice in each year, in each county of this
state, organized for judicial purposes. The circuit judges may hold
courts for each other, and shall do so when required by law.
SEC. 12. There shall be a clerk of the circuit court, chosen in.each
county, organized for judicial purposes, by the qualified electors there-
of, who shall hold his office for two )''ears, subject to removal as shall
be provided by law.
In case of a vacancy, the judge of the circuit court shall have the
power to appoint a clerk until the vacancy shall be filled by an elec-
tion.i- The clerk thus elected or appointed shall give such security
as the legislature may require; and when elected shall hold his office
for a full term. And the supreme court shall appoint its own clerk ;
and the clerk of a circuit court may be appointed clerk of the supreme
court.
SEC. 13, Any judge of the supreme or circuit court may be re-
^noyed from office, by address .of both houses pf the legislature, if two
 12
thirds of all the members elected to each house concur therein; but
no removal shall be made by virtue of this section, unless the judge
complained of shall have been served with a copy of the charges
-against him, as the grou«d of address, and shall have had an opportu-
nity of being heard in his defence on the question of removal ; the
ayes and noes shall be entered on the journal.
SKC. 14. There shall be chosen in each county by the qualified
electors thereof, a judge of probate, who shall hold his office for three
years and until his successors shall be elected and qualified and whose
jurisdiction, powers and duties shall be prescribed by law, provided
however, that the legis ature shall have power to abo ish the office of
judge of probate in any county and to confer probate powers upon
such inferior courts as may be estab ished in said county.
SEC, 15. The electors of the several towns at their annual town
meeting, and the e'ectors of cities and villages at their charier e'ec-
tion, shall in such manner as the legis ature may direct, elect justices
of the peace, whose term of office shall be for two years, and until
their successors in office shall be elected and qua'ified. In case of an
•e'ection to fill a vacancy occurring before tlue expiration of a ful term
the justice elected shall hold for the residue of the unexpired term.
Their number and classification shall be regu'ated by law. And the
tenure of two years shall in no wise interfere with the c assification
in the first instance. The justices thus e ected shall have such civ-
il and criminal jurisdiction as shall be prescribed by law.
SEC. 16. The legis ature shall pass laws for the regulation of tri-
buna's of conciiation defining their powers and duties. Such tribu-
nals may be estab ished in and for any township, and shall have pow-
er to render judgement to be obligatory on the parties, when they
voluntari y submit their matter in difference for arbitration and agree
to abide the judgement, or assent thereto in writing.
SEC. 17. The style of all writs and processes shad be, '^ The State
of Wisconsin;" all criminal prosecutions shall be carried on in the
name and by the authority of the same; and all indictments shall
conclude against the pt ace and dignity of the state.
SEC. 18. The legislature shall impose a tax on all civil suits com-
menced or prosecuted in the municipal, inferior or circuit courts,
which shail constitute a fund to be app.ied toward the payment of the
salary of judges.
SEC. 19. The testimony in causes in equity shall be taken in like
manner as in cases at law ; and the office of master in chancery is
hereby prohtbited.
SEC, 20. Any suitor in any court of this slate shall have îh e right
to prosecute or defend his suit either in his own proper person or by
an attorney or agent of his choice.
S E C 21. The legislature shall provide by law for the speedy pub-
lication of al! statute laws, and of such judicial decisions made within
the state, as may be .deemed expedient. And no general law shall
be in force until published.
SEC 22. The legislature at its first session after the adoption of
this constitution, shall provide for the appointment of three commis-
sioners, whose duly it shall be to inquire info, revise and simplify the
rules of practice, pleadings, forms and proceedings, and arrange a sys-
tem adapted to the courts of record of this state, and to report the
same to the legislature, Siubject to their modification and adoption, and
such commissioners shall terminate upon the rendering of the report
«in'.ess otherwise provide^d by law.
 13
Sß-, 23, The legis'ature may provide for the appointment of one
or more persons in each organized county, and may vest in such per-
son such judicial powers as shall be prescribed by law. Provided
that said power sha I not exceed that of a circuit judge at chambers.

AUTICLE vTTT
FI2TAirCB,

SïCTioK 1, The ruie of taxation shall beunifoitn, and Isxes sLali bo IcX'loi
tipon such property as the tegislature shall prescribe.
SEC. 2. No money shall be paid out of the treasury except in pursuance of an
appropriation by law.
SKC- 3. The credit of the state shall never be given or loaned in aid of any
individual, association or corporation.
SEC. 4. The state shall never contract any public debt, fexcept in the cases and
manner herein provided.
SEC. 5. The legislature shall provide for an annual tax suffii^ient to defray the
estimated expenics of the state for'each year ; and whenever the expenses for any
year shall exceed the incor^e, the legislature shall provide for levying a tax for
the ensuing year, sufficient with other swarccs of income, to pay the deficiency,
au well as the estimated expenses of such ensuing year.
SEC. 6. For the purpose of defraying extraordinary expenditures, the state
may contract pift)lt<; debts, but such debt shall never in the aggregate exceed one
hundred thousand dollars. Every such debt shall be authorized by law, for some
puTj)ose or purposes to be distinctly specified therein; and the vote of a majority
-,<f all the members elected to each house, to be taken by yeas and nays, shall be
necessary to the pas.sage of such law ; and every such law shall provide for lev-
ying an annual tax sufficient to pay the annual interest of such debt, and the prin>
•cipal within five years trom the passage of such law, and shail specially appro-
priât« the proceeds of su'ch taxes to the payment of such principal and interest ;
anu such appro|)riation shall not be repealed, nor the taxes be postponed or di-
minished until the principal and interest of such debt shall have been wholly
paid.
S E C 7. The legislature may also borrow money to repel invasion, suppress
insurrection, or delend the state in time of war; but the money thus raised shall
be applied exclusively to the object for -which the loan was authorized, or to the
re-payment ot the debt thereby created.
SEC 8. On the passage in either house of the legislature of any law which
imposes, continues or r<'news a tax or creates a debt or charge, or makes, contin-
ues, or renews an appropriation of public or trust money, or releases, discharges
or commutes aclaim ordem-ind of the state, the question shall be taken by yeas
iiud nays, which shall be duly entered on the jou nals: and three-fifths of all the
intmbers elected to su-ch house shall in all cases be required to constitute a quo-
rum iherein.
SEC. P. NO script, certificate, or other evidence of state d«bt whatsoever, shall
bf issued except such d-ebts as are authorized by the sixth and seventh sections of
this article,
SKC. 10. The state sha 1 never contract any debt for works of internal improve-
ment, or be a party in carrying on such works, but whenever grants of land or
«>ther p operiy shall have been made to the state, especially dedicated by the grant
to particular works of internal improvement, the state may carry on such partic-
nlar works, and shall devote thereto the avails of such grants, and may pledge or
•ppropriate the revenues derived from such works in ai^ of th«ir completion.

ARTICLE IX.
Ï - H I H E N T DOMAIN Aîfï) P H O P E R T T OF THB 8TATK.

Sxeriow ]. The state shall have concurrent jurisdiction on all rivers and lakes
Hordering on this state so far as the said rivers or lakes shall form a common
botmdary to this state, and any other state or territory now or hereafter to b«
formed, and bounded by the same; and the said river Mississippi and the naviga-
 u
b!c waters leading into the Mississippi and St. L-rwrence; and the carrying plac«f
ijctween the same shall be common highways and forever free as well to the in-
habitants of this state as to the citizens of the United States without any tax,
import or duty therefor.
S E C 2. The title to all lands and other property which have accrued to the
Territory of Wifconsin by grant, gift, pnrc-hase, forfeiture, escheat, or otherwise
sha!! vest in the S'ate of Wisconsin.
Ssc. 3. The people of this state, in tl ,-right of toweignty are declared tv'!
}.t'»ssess the ultimate property in and to «.i lands within the jui^^diction of ihia
state; and all lands, the title to which shall fad from à defect of ti'eirs, shall re.ert
*ir escheat to the people. . .'^ , ' V
SKC 4. All lands wiiich shall come to the state'by forfeifiwe orcipheat, or bA
grant, where the grant do;s not specially dedicate the sanïe to any other object.
fc.hall be held by the^tate as a part of 4hé school fund, under the same trusts, res-
ervations and restrîfetîèns as Jtfî? provided in thi* constitutiou-'in regard lo school
1-jnds proper. f

^ . - « • •

Ein,-%^rioN.
. *.
SRCTIO» !.. n-i-g-supervisian of jiublic^iustructiot* shall be vcs'.ed in a stato
fcuperintendant, and such other (^fiicers a.stfetî le<;islaturo shall dirt'ct. 'The state*
, superintendant shall be chosen b^^llie qualified elec;ors of the state in such n^an-
ner as the legislature shall provide ; iris powers, dutie.-i and compensation, schall Ix-
pi-Qscribed by law; Provided, 'J'hat his compensation shall not exceed the sum of
twelve hundi-eddol ars annually.
, S)EC. 2. The proceetfe of »!} larak tliat have been or hereafter may be granted
by the United States to this state for educational purposes, except the land-wherc-
tofore granted for the purposes of a university, and aU, rnpnies, and the cle;ir pro-
cooda of all property th-it nrav accrue to the state by fôrt'eirure or escheat, and
ull monies which shall bo p-aid as an Cijuivalont for ex"emg^wi.from military duty,
and the clear proceeds of all lines collected in the severallpiinrics fo> any breach
. of the penal laws, and all monies arising from any grantsto the state wheie the
jMirposes of such grant are not spocilied, and the five hundred thousand acres cf
. iafld to which tlie state is entitled by the provisions of an act of congress enti-
tled -'an act to appropriute tlie proceeds dill" the sales of the public lands, and to
' grant pre-cmptio'ii rights.'" approved the fourth day ol September, one thousarhi
i'ight hundred and forty-one ; and also, the live percentun) of the-nett proceeds crf
the public lands to which the state shall become entitled on her admission into
the union, (if congress shall eon.-r( nt to sncli appropriation of t>jetvvo grants la-t
iiicntioned.) shall be set apart as a separate fund, to be called "The School Fund. "
the interest of which and all other revenues derised from the school lands, sl-ia-*!
he. e.vclusively applied to ttie ioUowing ol)ject.s. to-wit :
1st. To. the support and nx.iintenince-of common schools, In each school dis-
trict, and the purchase of suitable libraries and apparatus therefor:
, Sd. The-residue shall be ajvpropriated to the support and iiKiiintenance of a-
cademies and normal schools, and .-^uitabl^ libraries and a[)pnratus therelor.
SKC 3. The legislature shall provide by hi-.v lor the cetablishment of distrii^:
schools, wViich shall be as nearly uuiforrïî as prac'ic.ible, and sueh schools sh;i'i
.be i ee, and without ch ,rge for tuition, toall childicn between.the ages offouruni
twenty years, and no sectarian- instruction siiall be allowed therein.
S E C 4. Each town and city shall he retjuiied to raise by tax annually, for the
.jupport of common schools iherein. a sum not less than one half the amount r«-
c.."i\t'd by such town or city respectively, for sclx>ol purposes, from the income of
the school J'und
S E C 5. Provision shill be made by l»w for the distribution of the income of
th.f school fund among the several towns and cities of the state, for the support of
common schools therein, in some just i)roportio.n to the number of children and
\ outh resident therein, between the ages of four and twemy years, and no aj)pro-
})."iation shall be made from the school fund to any city or town, lor the your in
."»vkich such city or town shall fail to raisesuch ta«;- lior to any school district for
the,year in which a school shall not be miintained at least three months.
>k;c, G. Provision shall be made by law for tlw establishment of ai state univer-
 15
fitv. at or near the seat of government, and ibr conn-ecfinè with the same, from
time to time, such colleges in difïërent parts of the state, as the interests of educa-
tion may require. The proceeds ot all lands that have been, or may hereafter be
grinted by the United States to the state for the support of a university shall be
;an(J remain a perpetual fund, to be called the university fund, the interest of whicii
^^all be appropriated to the support ol the state university; and no sectarian in-
itruction shall be allowed in sucli university
SEC. 7. The secretary of state, treasuier and attorney general shall constitute
a board of commissioners lur the sale of the school and university lands, and for
the investment of the funds arising therefrom. Any two of said commissioners
rhall be a quorum for the transaction of all business pertaining to the duties ci
their office.'
S E C 8. Provision shall be made bylaw for the sale of all school and university
lands, after they shall have been appraised; and when any portion of such lands
hliallbe sold, and the purchase money shall not be paid at the time of the sale, the
commissioRcrs shall take security, by mortgage, upon the lands sold for the sum
.remaining unpai^d, with seven percent, interest ihereon, payable annually at the
office of the Treasurer. The commlsftoners shall be authorized to execute a good
and sufficient ^conveyance to all purchasers of-such lands; and to discharge any
mortgages-ta'ken as security, when the sum due thfireon shall have been paid.—
The commissioners shall have power to withho'd from sale any portion of such
lands, when they shall deeih it expedient, and shall invest all moneys arising from
the sa'e of such lands, as well as all other University and school funds, in such
manner as the legislatureshall provide; and shall give such security for the faith-
ful peirformace of their duties as m'ay he required by law.
f ____^ .

«•'ARTICLE XL
AMJÉÎTD'MENTS.
S E C T I O S 1. Any amendment or amendments to this constitution may be pro-
posed in either house of the legislature, and if the same shall be agreed to, by a
inajority of the members elected to each of the two hou'rcs, such proposed amend-
ment or amendments shall be entered on their journal with the ayes and nays ta-
ken thereon, ond referred t o t h e legislature to be chosen at the next gener-
ul ejection, ond shall be published for three months previous to the time of ho!d-
ing such e ection ; and if in the legislature so next chosen, such propo^ed-amend-
ment or amendmeuts shall be agreed to by a majority of all the members elected
to each house, then it shall be th« duty of the legislature to submit such proposed
amendment or amendments to the people, in such manner, and at such time, as
the legislatureshall prescribe, and if the people shall approve and ratify such
amendment or aendments by a mnjority of the e'ectors qualified to vote lor
members of the legislature voting thereon, such amendment or amendments shall
become a part of the constitution. Provided, that if more than one amendment
ho submitted they shall be submitted in suchmanner that the people may vote
for or against such amendments separately.
SEC. 2. If at any time a majority of the senat« and assembly shall deem it ne-
cessary to call a convention to revise or change this constitution. They shall
submit the question to the electors to vote for or against a convention, at the
next election for members of the legislature, whether they are for or againt call-
ing a convention ; and if a majority of the qualified voters in the state, voting
thereon, shall be in favor of calling such convention; then the legislature shall
provide at its next session thereafter, for an election of delegates, to meet in corir^
vention for that purpose. , - "

ARTICLE XII.
CORPORATIONS.
SECTION 1. Corporations without banking powers or privileges may be form-
ed under general laws, but shall not be created by special act except foj munici-
pal purposes and in cases where, in the judgment of the legislature, the objects of
the corporation cannot be attained under general laws. All general laws cr spe-
cial acts enacted under the provisions of this section, may be altered or repealed
by the legislature at any time after their passage.
SEC. 2. No municipal corporation ehall take private proj)erty for public use
against the consent of the owner, •withowt the necessity thereof being firtt estai»-
.JJBhed by the verdict of a jury.
 16
SKC. 3. It shall be the duty of the legislature, and they are hereby empè-werèff.
to provide for the organization of cities and incorporated villages, and to restrict
their power of taxation, assessment, borrowing money, contracting debts nnd
loaning their credit, so as to prevent abuses in assessments and taxation, and in
contracting debts by such municipal corporations.
SEC. 4. The legislature shall not have power to create, authorize, or inoorpo-
Tate by any general or special law, any bank or banking power or privilejje, or
any institution or corporation having any banking pov^er or privilege whatever,
except as provided in this article.
SEC. 5. The legislature may submit to the voters, at any general election,
the question of "Bank"' or "No Bank," and if at any such election a number ot
votes equal to a majority of all the votes cast on that subject, at such election,
shall be in favor of banks, then the legislature shall have power to grant bank
charters, or to pass general banking laws, with such restriction.«! atid under such
regulations as they may deem expedient and proper, for the security of the bill
holders; Provided, That no such grant or law shall have any force or eficct until
the same shall have been submitted to a vote of the electors of the stale at some
general election, and been approved by a majority of all the votes east on tiiat
subject, at such election. #

A R T I C L E XIII.
MISCELLANEOUS PROVISIONS.
SECTION 1. The political year for the State of Wisconsin shall commence on
the first Monday in January, in each year, and the general election shall be
holden on the Tuesday succeeding the first Monday in November in each
year.
S E C. 2. Any inhabitant of this state, who may hereafter be engaged either
directly or indirectly in a duel either as principal or accessary, shall îorevtr
be disqualified as an elector, and fiom holding any office under the constitu-
tion and laws of this state, and may be punished in such other manner as shall
be prescribed by law.
SEC. 3. No member of Congress nor any person holding any office of profit
or trust, under the United States (post masters excepted) or under any foreign
powers; no person convicted of any infamous crime in any court within the
United States, and no person being a defaulter to the United States, or to this
state, or to any county or town therein, or to any state or territory within thw
United States, shall be eligible to any office of trust, profit or honor in this
state.
S E C 4. It shall be the duty of the legislature to provide a seal for the state
which shall be kept by the secretary of state,, and all official acts of the gover-
nor, his ajjprobation ot the laws excepted, shall be thereby authenticated.
SEC, 5. All persons residing on Indian lands within any county of this state
and qualified to exercise the right of suff'rage, under this constitution, shall ba
entitled^ to vote at the polls which may be held nearest their residence, for state»
United States and coutity officers. Provided, that no person shall vote for
county officers out of the county in which he resides.
S E C 6. The elective officers of the legislature other than the presiding offi^
cera, shall be a chief clerk and a sergeant-at-arms to. be elected by each house.
SEC. 7, No county, with an area of nine hundred square miles or less shall.
be divided, or have any part stricken therefrom without submitting the ques-
tion to a vote of the people of the county, nor unless a majority of all the legal
voters of the county voting on the question, shall vote for the same.
S E C 8, No county seat shall be removed until the point to which it is pro-
posed to be removed shall be fixed by law, and a majority of the voters of the
coimty, voting on the question, shall have voted in favor of its removal to such
point.
ÖKC, 9. All county officers whose election or appointment is not provided for
by this constitution shall be elected by the electors of their respective counties^
or appointed by the boards ofsupcrvisors or other county authorities, as the legis-
lature shall direct. All city, town and village officers, whose election or ap-
pointment is not provided for by this constitution, shail be elected by the elec-
tors ot such cities, towns and villages, or of some division thereof, or appointed
by such authorities teereof, as the legislature shall designate for that purpose.
All other officers whose election or appointment is not provided for by thi»
constitution, and all officers whose offices may hereafter be created by law,shall
be elected by the people or appointed as the legislature may direct,
Ssc, 10. 1'he legislature-may declare the cases in which any office shall b»
deemed vacant, and also the manner of filling the vacaacT, where no provitioc
is made for that purpose in this constitution.
 17
ARTICLE X I 7 .
-. SCURDULE.

S-ECTIOX L Tliat no inconvenience may arise by reason of a change from a

territorial to a jiermancnt slate government, it is declared that all rights, action«,
prosecutions, judgements, c aims and contracts, as well ot individuals as of bod-
ies corporate, shail continue as if no such change had taken place ; and all process
\vhich may be issued under the authority of the Territory of Wisconsin previous
to its admission into the Union of the United States, shail be as va id as if istuexi
in the name of the state.
S E C 2. All laws now in force in the territory of Wisconsin, which are not
repugnant to this constitution, shall remain in force until they expire by their owiv
limitation, or be a tered or repea ed by the legis ature.
SKC 3. All fines, penalties, or Ibrfeitures, accruing to the Territory of Wiscon-
sin shal I accrue to the use of the state.
S E C 4. All recognizances heretofore taken, or which may he taken, beiore
the change from Territorial to a permanent State government, shall remain valid,
and shall pass to, and may be prosecuted in the name of the state; and all bonds
executed to the governor of the Territory, or to any other officer or court, in his'
or their official capacity, shall pass to the governor or state authority, and their
successors in office, for the use therein respectively expressed, and may be sued
for and recovered accordingly ; and all the estate or property, rea', persona! or
mixed, and all judgments, bonds, specialities, choses in action, and ciaiins or debts
of whatsoever description, of the Territory of Wisconsin, shall enure to and vest
in the state of Wisconsin, and may be sued for, and recovered in the .«ame man-
ner and to the same extent by the state of Wisconsin as the same could have been
by the territory of Wisconsin. All criminal pro.^ecutions, and penal action»
which may have arisen, or which may arise before,the change from a territorial
to asiate government, and which shall then be pending, shall be prosecuted to
judgment and execution, in the name of the state. All offences committed a-
gainst the laws of the territory of Wisconsin before the change from a lerritari al
to a state government, and which shall not be prosecuted before such change,
niay be prosecuted in the name and by the authority of the state ol Wisconsin,
with like effect as though such change had not taken p'ace ; and all pena'ties in-
curied .shall remain the same as if this constitution had not been adopted. AM
actions at law and suits in equity which may be pending in any of the courts of
the territory of Wisconsin at the time of the change Irom a territorial to a stale
goverrment, may be continued and transferred to any court of the stale which
shal I hive jurisdiction of the subject matter thereof.
S E C 3. All officers, civil and military,now holdingtheir offices under the au-
thority oî the United States or of the territory of Wisconsin, shall continue lo
hold and exercise their respective offices, until they shall be superceded by the
authoritycf the state.
S K C 0. \ T h e first session of the legis'ature of the state of Wisconsin shall
commence öjkthe first ]?^onday m June next, and shall be held at the village of
Madison, wlSj:h shall be and remain the seat of government until otherwise pro-
vided by law, \
SEC. 7. AllVounty, precinct and township officers, shall continue t o x o i d
their respective offices, unless removed by the competent authority, until the le
gislature shall, in^onformity with the provisions of this constitution, provide
lor the holding of «ections to fill such offices respectively.
S K C 8. The prè^dent of this convention shall, immediately after its adjourn-
ment, cause a fair eo^y of this constitution, together with a copy of the act of
the legislature of this\erritory, entitled "an act in relation to the formation of a
state government in WVonsin, and to change the time of holding the annual
session of the legislature' approved October 27, 1847, providing for the calling
of this convention; and J^go a copy of so much of the last census of this territo-
ry as exhibits the n u m b e r s jts inhabitants, to be forward ed to the president of the
United States, to be laid tx^oie the congress of the United Stales at its present
session. \
SKC 9. This constitution sVn be submitted at an election to be held at the
place of holding the last electiyji in the several precincts, towns and wards, on
the second Monday in March N^ext for ratification or rejection, to ail white
male persons of the age o f t w e n j . o n e years, or upwards, who shall then be
residents of this territory and citizens of the United States, or shall hav« de-
clared their intention to t>«con;efiuçJi,in conformity with the laws of congrees
 IS
^ n'.he-subject of nwiuTalizntion, and all persons having such qnalificati,-)!!«,
sha'l be entiilcd to v< te for or against the adoption of this constitution, ntwl l'«ir
all oiliccrs first elected under it- And if the eonstimtion ho ratified by tits;
said electors, it shall become ihe constitution of the s t a ' e o f VVisconäin. Ou
such of the ballots as are for the constitution, shall be written or printed li.u'
ward *• yes,'-' and on such as are against the i n s t i t u t i o n , the word '.'no," The
election shall be conducted m the inanner now prescribed by law tor the elt'c-
lion of town olFicevs, and the reuirns made by the clerks of the bi ards of su-
pervisors, or county ,c(>mnii;.ssi,o.ner,s, fas the case ni-ay he,) lo the governor oi
the territory at any time before the lOih day of April next. And in the even.t
of the ratification of -this constitution l>y a nia,jority of ail the vote? givcii, \\
shall be the duty of he governor of this tcrriturv lo make proclamai ion ot ih»^
same, and to transmit a digest of lire returns to the senate and assembly of the
state, on the first day of their session. The governor shall also issuu writs to
the proper -authorities in the several counties, requiring them to cause i>.\i
I lection to be held on the second Monday ot" May next, for governor, lieuten-
nnt govein-or. secretary of state, treasurer, attorney general, lueuibeis of the
state leaishunre, and members of congress.
SEC, to. T h e first election of judges of the supreme and circuit courts,sh.all
be iield on the third Monday oi June next, and the governor of the territory
si.ail, by the fourth Mondav of May uext, issue writs to the proper auihonlicB
111 the several counties and districts, requiring such election to be held oa iha
dav aforesaid, in their respective counties and districts,
S E C . 11 . Two members of congress shall also be elected o-a the second
Monday of May next; and until otherwise privided by law, the counVies ot
Milwaukee. Waukesha, Jefferson, Racvne, Walworih. llock and Green, shall
constitute the first congressional district and elect one member. And the
counties of Washington, Shebovgan, Manitowoc, Caiuinet, Brown, Winneba-
g.>,'Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, lown,
lia Fayette, Grant-, Riehlana, Crawford, Chippewa, St. Croix, and L»» Pointe,
shall constitute the second congrcsstona! district, and shall elect one mcinber-
Si:c. 12. The several elections proviiied for in this article, shall be conduct-
ed acîoiding to the existing laws of this territory, and the returns fexcept for
judges of the supreme and circuit comts,) shall be certified, and transmitted to
tlie,speaker of the assembly, at the seat of governtrrent, in such time that they
may be -received, on the first Monday in June next, and as soon as the legisla-
ture shall be orgnnized, the speaker of the assembly and the president of the
senate shall, in the presence of both houses, examiae the returns and rieciari
who are duly elected to fill the several offices herein before mentioned, excrSi
judgts. , T,he .'returns of the election of judges of the supreme and circuit
courts, shall be certified and trasinitted to the governor of the state, in such
time that they may be recived on the tenth day of August next, and ho dlial!
thereupon, by proclamation, declare who are duly elected judges of th^; su-
preme and circuit courts.
S E C 13, Such parts of the coihnion law as are now in force in the territory
of Wi!,co\isin, not iiiconsisteni with the constitution, shall be and centinue
part of the l&vv of the state until altered or suspended by the legislatu^-
SEC. 14. The senatois first elected in the even numbered senatcftstricls,
the governor, lieutenant governor and other state officers first elec-ed under
this constitution, shall entier upon the duties of their lespective olPes on the
first Mroday of June nex;, and shall continue in office for one yi^'^ from iho
first Monday of January n e i t : the senators first elected in the 0»^* numbered
senate districts, and the members of the assembly first elected, sUH ""^ter upon
their duties respectively, on the first Monday in June next, ant'öhall continu«
in oflice until the first Monday in January next.
S E C 15. The oaihs of office may be administered by any jV^R«, or justice of
the peace, until the legislature shall otherwise direct. /
 19

RESOLUTIONS.
ist. Resolved, That the Congress of the United States be, and is hereby rc--
quested, upon the application of Wisconsin for admission into the Unioin, so to-
allow the provisions of the act of congress entitled, "an act to grant a quantity
of land to the Territory of VN'isconsin, for the purpose of aiding in opening a ca-
iial to connect the waters of Lake Michigan with those of Rock River,"' approv-
*«i June eighteenth, eighteen hundred and thirty-eight, and so to alter the terms
and conditions of the grant made therein, that the odd numbered sec'ions thereby
(frantedand remaining unsold, may he held and disposed of by the state of Wis-
consin as part of the five hundred thousand acres of land to which said state i^
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 4th day of September, 1841 ; and further, thai the oven numbered
jec'ions reserved by congress may be offered for sale by the United States for th»
yaine minimum price, and subject to the same rights of preemption as other
public lands of the United States.
2d. Resolved, That congress be further requested lo pass an act whereby the-
r-xcess price o\"er and abo\ c one dollar-tmd twenty-fi e cents per acre, which may
ha^e been paid by the purchasers q.f^said even numbered sections which shall
hiv'e been sold by the United States,jrbe refunded to the present owners thereof,
- • M h e y be allow ed to enter a i * of tl-if public lands of the United States, to an a-
N?W)unt e qual in \alue to tli^lkxcess so paid.
;!(^_ Resolved, Thatirrcd.se the said odd numbered sections shall be ceded to th^
xtate as aforesaid. Ihe'samelshall be sold by the state, in the same manner as o'h-
rr school lands; Provided.' Phat the same righis of pre-emption as are now grant-
M l)v the laws of the United States, ^hall be secuied to persons who maybe ac-
tiuil y sett ed ujmn such land at the lima of the adoption of this constitution : —
And Provided further, ThJt the excess pri^e over and above one do larandtwen-
r\' five cents per acre abso u^g y or conditiona'y c.^ntractcd to be paid by the pur-
c-hasftisof any p" rt of said sections^which sha i have been so d by ihe Territay»
of Wisconsin, »liai, be re^It^cd to» such purchasers,, their rcprcse.'itative.^ or a#-
ivigii-,. ' •>,
4til. Resohed. That congress he j^equested, upon tliC application of Wisconsin
for adtnission into the (]uiofi'>,to p a s s e n act whereby tlie grant ol fi^e htindrei
lhi us md acres of land, t« \\*hich Jhe state of Wisconsin is entitled by the prov i-
t ' l n s of an act of congress éfititled ,^an a'ctto approjiriateithe proceeds of tlie salct«
of ;he public lands, and to jïrant pre-emption rights." approved the fourth day of
»optember, eighteen hunlreJ^and forty-one, and also tlie hv^g pel centum of the nett
jiroceeds of the public lands lying within the slate, to which'it shall become en-
titled on it^^admission into-.the Union by the provisions »l'an act of congress enti-
tled - a n act to enable tlie peop e of,;Wisconsin Tcrritari^ ' o l ' w m a constitution!
and state govcrnme.it. and &r the admission of such stale'nto ^G Union,"' approved
the sixth day of Auguffl»cf»bîeen hundied'"<yid forty-six, shaH b e granted to the
»date of Wisconsin for thé use of schools, instead of the purjioses mentioned in lli»
siiid actv of congress respectively. • * \ \«
oth. Reso ved. That the congress of the United States be,_ and hereby is re-
qucited, ui on the admission ofjthis slate into the Union, so Jto a'ter the provis-
ions i)f the act of colgress enlit ed "auiact to grant a certailT'^iantily of 'and lo
aid in the improvomenl of the Fox aiunWiseansiiiVivcrs, and reconnect tlie same
by -.I etna'; in the Territory of W^st^nsin." ihal the price of the lands reserved l»
the United Slates, sha I Up reduced to-tJae lTiifiimu.m priM oftbeV'^'^ '*^ 'ands.
ijih. Reso ved, 'Ph'at the egis ature of this stare shal make provision by 'a\>
/or the sa e of the arrtls granted lo t h e b a i c in aid pf said improvements, sufjjer^
"to tl;e same rights of pre-emption to the sett ej/thereon, sB^rc^novv a owed br
i»\v to sett ers on the jpub^c *ands. ' . , ^ '
7th. vReso ved. That me f"oregoing reso utions'- be' appended to, jmd signed
^ i t h tbe,constitution ot Wisconsin, and suhraitledktherewith to the peopJe ol thi-*
Tcrrit^Bj^-, and la the congrcî^sof the United Slates.
1 '^>
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