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and jurisdiction; and the judges and clerks of said courts, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until the expiration of their terms of office, respectively, or until otherwise provided by law; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three; and no suit shall be commenced in said two first-mentioned courts after the second Monday of February, one thousand eight hundred and fifty-two, nor in the said last-mentioned court, after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said courts not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the Court of Common Pleas.

§ 7 All county and township officers and justices of the peace in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.

§ 8. Vacancies in office occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled as is now prescribed by law, and until officers are elected or appointed, and qualified under this Constitution.

9. This Constitution shall take effect on the first day of September, one thousand eight hundred and fifty-one.

10. All officers shall continue in office until their successors shall be chosen and qualified.

§ 11. Suits pending in the Supreme Court in banc shall be transferred to the Supreme Court provided for in this Constitution, and be proceeded in according to law.

§ 12. The District Courts shall, in their respective counties, be the successors of the present Supreme Court; and all suits. prosecutions, judgments, records, and proceedings, pending and remaining in said Supreme Court, in the several counties of any district, shall be transferred to the respective District Courts of such counties, and be proceeded in as though no change had been made in said Supreme Court.

$13 The said Courts of Common Pleas, shall be the successors of the present Courts of Common Pleas in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records, and judgments pending or being in said last-mentioned courts, except as aforesaid, shall be transferred to the Courts of Common Pleas created by this Constitution, and proceeded in as though the same had been therein instituted.

§ 14. The Probate Courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present Courts of Common Pleas; and the records, files, and papers, business and proceedings appertaining to said jurisdiction shall be transferred to said Courts of Probate, and be there proceeded in according to law.

§ 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll-books returned, as is provided for Governor, and the abstract therefrom, certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall declare the result, and issue commissions to the persons elected.

§ 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of elections shall be sent to the county having the largest population.

§ 17. The foregoing Constitution shall be submitted to the electors of the State, at an election to be held on the third Tuesday of June, one thousand eight hundred and fiftyre, ore, in the several election districts of this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, "New Constitution, Yes:" those against the Constitution, "New Constitution, No." The polls at the said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M.; and the said election shall be conducted. and the returns thereof made and certified, to the Secretary of State, as provided by law for annual elections of State and county officers. Within twenty days after such election the Secretary of State shall open the returns thereof in the presence of the Governor; and if it shall appear that a majority of all the votes cast at such election are in favor of the Constitution, the Governor shall issue his proclamation. stating that fact, and said Constitution shall be the Constitution of the State of Ohio, and not otherwise.

§ 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this Constitution, the additional section, in the words following, to wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this State; but the General Assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to wit: A separate ballot may be given by every elector and deposited in a separate box.

Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed, the words: "License to sell intoxicating liquors-Yes" and upon the ballots given against said amendment, in the ike manner, the words: "License to sell intoxicating liquors-No." If, at the said election, a majority of all the votes given for and against said amendment shall contain the words: "License to sell intoxicating liquors-No," then the said amendment shall be a separate section of article fifteen of the Constitution.

§ 19. The apportionment for the House of Representatives during the first decennial period under this Constitution shall be as follows:

The counties of Adams, Allen, Athens, Auglaize, Carrol, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union shall, severally, be entitled to one Representative in each session of the decennial period.

The counties of Franklin, Licking, Montgomery and Stark shall each be entitled to two Representatives in each session of the decennial period.

The counties of Ashland, Coshockton, Highland, Huron, Lorain, Mahoning, Medina, Miami, Portage, Seneca, Summit and Warren shall, severally, be entitled to one Representative in each session; and one additional Representative in the fifth session of the decennial period.

The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas and Washington shall, severally, be entitled to one Representative in each session; and two additional Representatives, one in the third and one in the fourth session of the decennial period.

The counties of Belmont, Columbiana, Ross and Wayne shall, severally, be entitled to one Representative in each session; and three additional Representatives, one in the first, one in the second and one in the third session of each decennial period.

The county of Muskingum shall be entitled to two Representatives in each session; and one additional Representative in the fifth session of the decennial period.

The county of Cuyahoga shall be entitled to two Representatives in each session and two additional Representatives, one in the third and one in the fourth session of the decennial period.

The county of Hamilton shall be entitled to seven Representatives in each session; and four additional Representatives, one in the first, one in the second, one in the third and one in the fourth session of the decennial period.

The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one district; the counties of Mercer and Van Wert, one district; the counties of Paulding, Defiance and Williams, one district; the counties of Putnam and Henry, one district; and the counties of Wood and Ottawa, one district; each of which districts shall be entitled to one Representative in every session of the decennial period.

Done in Convention, at Cinciunati, the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth. WILLIAM MEDILL, President.

Attest: WM. H. GILL, Secretary.

CONSTITUTION OF OREGON, 1857.*

PREAMBLE.

WE, the people of the State of Oregon, to the end that justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.

ARTICLE I.

BILL OF RIGHTS.

SECTION 1. We declare that all men, when they form a social compact, are equal in rights; that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government as they may think proper.

§ 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences.

§ 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.

§ 4. No religious test shall be required as a qualification for any office of trust or profit.

§ 5. No money shall be drawn from the treasury for the benefit of any religious or theological institution; nor shall any money be appropriated for the payment of any religious service, in either House of the Legislative Assembly.

§ 6. No person shall be rendered incompetent as a witness or juror in consequence of his opinions on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

§ 7 The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered.

8. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right

§ 9. No law shall violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search or seizure; and no warrant shall issue but upon probable cause. supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.

§ 10. No court shall be secret; but justice shall be administered openly and without purchase, completely and without delay; and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.

§ 11. In all criminal prosecutions the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor.

§ 12. No person shall be put in jeopardy twice for the same offense, nor be compelled in any criminal prosecution to testify against himself.

13. No person arrested or confiued in jail shall be treated with unnecessary rigor. 14. Offenses, except murder and treason, shall be bailable by sufficient sureties. Murder and treason shall not be bailable where the proof is evident or the presumption strong.

* Oregon was formed into a Territory, with a Delegate in Congress, August 14, 1848. The Constitution here given was formed by a Convention of sixty Delegates, chosen in June, 1857, under a Territorial act of Dec. 12, 1854. They met at Salem on the third Monday of August, and adjourned on the 18th of September, 1857. The Constitution was submitted to the people, at a general election, November 9, 1857, and adopted by a vote of 7,195 for, to 3,195 against. On February 14, 1859, the act Congress admitting Oregon into the Union was approved, and from this date it is deemed to have become a State, and the Territorial government continued in full force and authority until then.

§ 15. Laws for the punishment of crime shall be founded on the principles of reformation, and not on vindictive justice.

§ 16. Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.

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§ 17. In all criminal cases whatever, the jury shall have the right to determine the law and the facts, under the direction of the court as to the law, and the right of now trial, as in civil cases.

§ 18. In all civil cases the right of trial by jury shall remain inviolate.

19. Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor, except in the case of the State, without such compensation first assessed and tendered.

20. There shall be no imprisonment for debt, except in case of fraud or absconding debtors.

§ 21. No law shall be passed granting to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.

§ 22. No ex post facto law, or law impairing the obligations of contracts, shall ever be passed; nor shall any law be passed, the taking effect of which shall be made to depend upon any authority except as provided in this Constitution; Provided, That laws locating the capital of the State, locating county seats, and submitting town and city corporate acts and other local and special laws, may take effect or not, upon a vote of the electors interested.

§ 23. The operation of the laws shall never be suspended except by the authority of the Legislative Assembly.

24. The privilege of the writ of habeas corpus shall not be suspended unless, in case of rebellion, or invasion, the public safety require it.

25. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid or comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. 26. No conviction shall work corruption of blood or forfeiture of estate.

27. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor for instructing their Representatives; nor from applying to the Legislature for redress of grievances.

28. The people shall have the right to bear arms for the defense of themselves and the State; but the military shall be kept in strict subordination to the civil power. § 29. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

§ 30. No law shall be passed granting any title of nobility, or conferring hereditary distinction.

§ 31. No law shall be passed prohibiting emigration from the State.

32. White foreigners, who are or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native-born citizens. And the Legislative Assembly shall have power to restrain and regulate the immigration to this State of persons not qualified to become citizens of the United States.

§ 33. No tax or duty shall be imposed without the consent of the people or their Representatives in the Legislative Assembly, and all taxation shall be equal and uniform.

§ 34. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

ARTICLE II.

SUFFRAGE AND ELECTIONS.

SECTION 1. All elections shall be free and equal.

§ 2. In all elections not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and every white male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States one year preceding such election, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections authorized by law.

§ 3. No idiot or insane person shall be entitled to the privileges of an elector; and the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprisonment in the penitentiary.

§ 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State, or of the United States, or on the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison.

5. No soldier, seaman, or marine in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been stationed within the same, nor shall any such soldier, seaman, or marine have the right to vote.

§ 6. No negro, Chinaman, or mulatto shall have the right of suffrage.

§ 7. Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election.

§ 8. The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating and conducting elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, and other improper conduct.

§ 9. Every person who shall give or accept a challenge to fight a duel, or shall knowingly carry to another person such challenge, or who shall agree to go out of the Stateto fight a duel, shall be ineligible to any office of trust or profit.

§ 10. No person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressibly permitted; Provided, That officers in the militia, to which there is attached no annual salary, and the office, of postmaster, where the compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.

§ 11. No person who may hereafter be a collector or holder of public money shall be eligible to any office of trust or profit until he shall have accounted for and paid over according to law, all sums for which he may be liable.

§ 12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger.

13. In all cases in which it is provided that an office shall not be filled by any person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.

§ 14. General elections shall be held on the first Monday of June biennially.

15. In all elections by the Legislative Assembly, or by either branch thereof, votes shall be given openly, or viva voce, until the Legislative Assembly shall otherwise direct.

§ 16. In all elections held by the people under this Constitution, the person or per sons who shall receive the highest number of votes shall be declared duly elected.

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

ARTICLE III.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government shall be divided into three separate departments, the Legislative, the Executive (including the Administrative), and the Judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this Constitution expressly provided.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The Legislative authority of the State shall be vested in the Legislative Assembly, which shall consist of a Senate and House of Representatives. The style of every bill shall be, "Be it enacted by the Legislative Assembly of the State of Oregon;" and no law shall be enacted except by bill.

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