Third. That five entire sections of land, to be selected and located under the direction of the Legislature, in legal divisions of not less than one quarter section, from any of the unappropriated lands belonging to the United States within the said State, are hereby granted to the State for the purpose of completing the public buildings of the said State, or for the erection of public buildings at the seat of Government of the said State, as the Legislature may determine and direct.

Fourth. That all salt springs within the State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said State for its use, the same to be selected by the Legislature thereof, on or before the first of January, eighteen hundred and forty; and the same, when so selected, to be used on such terms, conditions, and regulations, as the Legislature of the said State shall direct: Prorided, That no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State: And provided, also, That the General Assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress.

Fifth. That five per cent. of the net proceeds of the sales of all public lands lying within the said State, which have been or shall be sold by Congress, from and after the first day of July, eighteen hundred and thirty-six, after deducting all the expenses incident to the same, shall be appropriated, for making public roads, and canals within the said State, as the Legislature may direct: Provided, That the five foregoing propositions herein offered, are on the condition that the Legislature of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall provide, by an ordinance irrevocable without the consent of the United States, that the said 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 such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; (a) and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively.

Approved, June 23, 1836.

ACT FOR THE ADMISSION OF MICHIGAN—1837

[TWENTY-FOURTH CONGRESS, SECOND SESSION]

An Act to admit the State of Michigan into the Union upon an equal footing with the original States

Whereas, in pursuance of the act of Congress of June the fifteenth, eighteen hundred and thirty-six, entitled "An act to establish the northern boundary of the State of Ohio, and to provide for the

admission of the State of Michigan into the Union, upon the conditions therein expressed," a convention of delegates, elected by the people of the said State of Michigan, for the sole purpose of giving their assent to the boundaries of the said State of Michigan, as described, declared, and established in and by the said act, did, on the fifteenth of December, eighteen hundred and thirty-six, assent to the provisions of the said act: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Michigan shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever.

SEC. 2. And be it further enacted, That the Secretary of the Treasury, in carrying into effect the thirteenth and fourteenth sections of the act of the twenty-third of June, eighteen hundred and thirtysix, entitled "An act to regulate the deposits of the public money,' shall consider the State of Michigan as being one of the United States.

Approved, January 26, 1837.

CONSTITUTION OF MICHIGAN—1835 * a

In convention, begun at the city of Detroit, on the second Monday of May, in the year one thousand eight hundred and thirty-five:

We, the people of the Territory of Michigan, as established by the act of Congress of the eleventh of January, eighteen hundred and five, in conformity to the fifth article of the ordinance providing for the government of the territory of the United States northwest of the river Ohio, believing that the time has arrived when our present political condition ought to cease, and the right of self-government be asserted; and availing ourselves of that provision of the aforesaid ordinance of the Congress of the United States of the thirteenth day of July, one thousand seven hundred and eighty-seven, and the acts of Congress passed in accordance therewith, which entitled us to admission into the Union, upon a condition which has been fulfilled, do, by our delegates in convention assembled, mutually agree to form ourselves into a free and independent State, by the style and title of "The State of Michigan," and do ordain and establish the following constitution for the government of the same:

ARTICLE I

SECTION 1. All political power is inherent in the people.

SEC. 2. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, whenever the public good requires it.

* Verified by text in pp. XI-XXII, of "Report of the Proceedings and Debates " in Constitutional Convention of 1850; see note to Constitution of 1850.

a This constitution was framed by a convention called by the territorial legislative council, which met at Detroit May 11, 1835, and completed its labors June 29, 1835. It was submitted to the people and ratified November 2, 1835. President Jackson laid it before Congress in a special message, December 9, 1835.

SEC. 3. No man or set of men are entitled to exclusive or separate privileges.

SEC. 4. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship, or pay any tithes, taxes, or other rates for the support of any minister of the gospel or teacher of religion.

SEC. 5. No money shall be drawn from the treasury for the benefit of religious socities, or theological or religious seminaries.

SEC. 6. The civil and political rights, privileges, and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion.

SEC. 7. Every person 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 prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

SEC. 8. The person, houses, papers, and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

SEC. 9. The right of trial by jury shall remain inviolate.

SEC. 10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vicinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defence; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.

SEC. 11. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger.

SEC. 12. No person for the same offence shall be twice put in jeopardy of punishment; all persons shall, before conviction, be bailable by sufficient sureties, except 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 case of rebellion or invasion, the public safety may require it.

SEC. 13. Every person has a right to bear arms for the defence of himself and the State.

SEC. 14. The military shall, in all cases and at all times, be in strict subordination to the civil power.

SEC. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.

SEC. 16. Treason against the State shall consist only in levying war against it, 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 in open court. SEC. 17. No bill of attainder, er post facto law, or law impairing the obligation of contracts, shall be passed.

SEC. 18. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted.

SEC. 19. The property of no person shall be taken for public use. without just compensation therefor.

SEC. 20. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

SEC. 21. All acts of the legislature, contrary to this or any other article of this constitution, shall be void.

ARTICLE II

ELECTORS

SECTION 1. In all elections, every white male citizen above the age of twenty-one years, having resided in the State six months next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the State at the time of the signing of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district, county, or township in which he shall actually reside at the time of such election.

SEC. 2. All votes shall be given by ballot, except for such township officers as may, by law, be directed to be otherwise chosen.

SEC. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

SEC. 4. No elector shall be obliged to do military duty on the days of election, except in time of war or public danger.

SEC. 5. No person shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State.

SEC. 6. No soldier, seaman, or marine, in the Army or Navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any military or naval place within the

same.

ARTICLE III

DIVISION OF THE POWERS OF GOVERNMENT

The powers of the government shall be divided into three distinct departments: the legislative, the executive, and the judicial; and one department shall never exercise the powers of another, except in such cases as are expressly provided for in this constitution.

ARTICLE IV

LEGISLATIVE DEPARTMENT

SECTION 1. The legislative power shall be vested in a senate and house of representatives.

SEC. 2. The number of the members of the house of representatives shall never be less than forty-eight, nor more than one hundred; and the senate shall, at all times, equal in number one-third of the house of representatives, as nearly as may be.

SEC. 3. The legislature shall provide by law for an enumeration of the inhabitants of this State in the years eighteen hundred and thirtyseven and eighteen hundred and forty-five, and every ten years after the said last-mentioned time; and at their first session after each enumeration so made as aforesaid, and also after each enumeration made by the authority of the United States, the legislature shall apportion anew the representatives and senators among the several counties and districts, according to the number of white inhabitants. SEC. 4. The representatives shall be chosen annually on the first Monday of November, and on the following day, by the electors of the several counties or districts into which the State shall be divided for that purpose. Each organized county shall be entitled to at least one representative; but no county hereafter organized shall be entitled to a separate representative, until it shall have attained a population equal to the ratio of representation hereafter established.

SEC. 5. The senators shall be chosen for two years, at the same time and in the same manner as the representatives are required to be chosen. At the first session of the legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof, as nearly as may be, shall be chosen annually thereafter.

SEC. 6. The State shall be divided, at each new apportionment, into a number of not less than four, nor more than eight, senatorial districts, to be always composed of contiguous territory; so that each district shall elect an equal number of senators annually, as nearly as may be; and no county shall be divided in the formation of such districts.

SEC. 7. Senators and representatives shall be citizens of the United States, and be qualified electors in the respective counties and districts which they represent; and a removal from their respective counties or districts shall be deemel a vacation of their seats.

SEC. 8. No person holding any office under the United States, or of this State, officers of the militia, justices of the peace, associate judges of the circuit and county courts, and postmasters excepted, shall be eligible to either house of the legislature.

SEC. 9. Senators and representatives shall, in all cases except treason, felony, or 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. 10. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and