of the Territory of Wisconsin previous to its admission into the Union of the United States shall be as valid as if issued in the name of the State. SECTION 2. All laws now in force in the Territory of Wisconsin, which are not repug. nant to this Constitution, shall remain in force until they expire by their own limita tion, or be altered or repealed by the Legislature. SECTION 3. All fines, penalties or forfeitures accruing to the Territory of Wisconsin, shall inure to the use of the State. SECTION 4. All recognizances heretofore taken, or which may be taken before the change from a 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 uses therein respectively expressed, and may be sued for and recovered accordingly; and all the estate or property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, and claims or debts of whatever description, of the Territory of Wisconsin, shall inure to and vest in the State of Wisconsin, and may be sued for and recovered in the same manner and to the same extent, by the State of Wisconsin, as the same could have been by the Territory of Wisconsin. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a Territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Wisconsin, before the change from a Territorial to a State government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Wisconsin, with like effect as though such change had not taken place; and all penalties incurred shall remain the same as if this Constitution had not been adopted. All 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 from a Territorial to a State government, may be continued and transferred to any court of the State which shall have jurisdiction of the subject-matter thereof. SECTION 5. All officers, civil and military, now holding their offices under the authority of the United States, or of the Territory of Wisconsin, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the State. SECTION 6. The first session of the Legislature of the State of Wisconsin shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government until otherwise provided by law. SECTION 7. All county, precinct, and township officers shall continue to hold their respective offices, unless removed by the competent authority, until the Legislature shall, in conformity with the provisions of this Constitution, provide for the holding of elections to fill such offices respectively. SECTION 8. The President of this Convention shall, immediately after its adjournment, cause a fair copy of this Constitution, together with a copy of the act of the Legislature of this Territory, entitled "an act in relation to the formation of a State government in Wisconsin, 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 also a copy of so much of the last census of the Territory as exhibits the number of its inhabitants, to be forwarded to the President of the United States, to be laid before the Congress of the United States at its present session. SECTION 9. This Constitution shall be submitted at an election to be held on the second Monday in March next, for ratification or rejection, to all white male persons of the age of twenty-one years or upwards, who shall then be residents of this Territory and citizens of the United States, or shall have declared their intention to become such in conformity with the laws of Congress on the subject of naturalization; and all persons having such qualifications shall be entitled to vote for or against the adoption of this Constitution, and for all officers first elected under it. And if the Constitution be ratified by said electors, it shall become the Constitution of the State of Wisconsin. On such of the ballots as are for the Constitution, shall be written or printed the word, "yes;" and on such as are against the Constitution, the word, "no." The election shall be conducted in the manner now prescribed by law, and the returns made by the clerks of the boards of supe.visors or county commissioners (as the case may be) to the Governor of the Territory, at any time before the tenth of April next. And in the event of the ratification of this Constitution, by a majority of all the votes given, it shall be the duty of the Governor of this Territory to make proclamation of the same, and to transmit a digest of the returns to the Senate and Assembly of the State on the first day of their session. An election shall be held for Governor and Lieutenant Governor, Treasurer, Attorney General, Members of the State Legislature, and Members of Congress, on the second Monday of May next, and no other or further notice of such election shall be required. SECTION 10. Two Members of Congress shall also be elected on the second Monday of May next; and until otherwise provided by law, the counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock and Green shall constitute the First Congressional District, and elect one member; and the counties of Washington, Sheboygan, Manitowoc, Calumet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, Chippewa, St. Croix and La Pointe shall constitute the Second Congressional District, and shall elect one member. SECTION 11. The several elections provided for in this article shall be conducted according to the existing laws of the Territory. Provided, That no elector shall be entitled to vote, except in the town, ward or precinct where he resides. The returns of election, for Senators and Members of Assembly, shall be transmitted to the clerk of the board of supervisors, or county commissioners, as the case may be, and the votes shall be canvassed, and certificates of election issued, as now provided by law. In the First Senatorial District, the returns of the election for Senator shall be made to the proper officer in the county of Brown; in the Second Senatorial District, to the proper officer in the County of Columbia; in the Third Senatorial District, to the proper officer in the county of Crawford; in the Fourth Senatorial District, to the proper officer in the county of Fond du Lac; and in the Fifth Senatorial District, to the proper officer in the county of Iowa. The returns of election for State officers and Members of Congress, shall be certified and transmitted to the Speaker of the Assembly, at the seat of government, in the same manner as the votes for delegate to Congress are required to be certified and returned, by the laws of the Territory of Wisconsin, to the Secretary of said Territory, and in such time that they may be received on the first Monday in June next; and as soon as the Legislature shall be organized, the Speaker of the Assembly and the President of the Senate shall in the presence of both Houses, examine the returns, and declare who are duly elected to fill the several offices hereinbefore mentioned, and give to each of the persons elected, a certificate of his election. SECTION 12. Until there shall be a new apportionment, the Senators and Members of the Assembly shall be apportioned among the several districts, as hereinafter mentioned, and each district shall be entitled to elect one Senator or member of the Assembly, as the case may be. The counties of Brown, Calumet, Manitowoc and Sheboygan shall constitute the First Senate District. The counties of Columbia, Marquette, Portage and Sauk shall constitute the Second Senate District. The counties of Crawford, Chippewa, St. Croix and La Pointe shall constitute the Third Senate District. The counties of Fond du Lac and Winnebago shall constitute the Fourth Senate District. The counties of Iowa and Richland shall constitute the Fifth Senate District. The county of Grant shall constitute the Sixth Senate District. The county of La Fayette shall constitute the Seventh Senate District. The county of Green shall constitute the Eighth Senate District. The towns of Southport, Pike, Pleasant Prairie, Paris, Bristol, Brighton, Salem and Wheatland, in the county of Racine, shall constitute the Sixteenth Senate District. The towns of Racine, Caledonia, Mount Pleasant, Raymond, Norway, Rochester, Yorkville and Burlington, in the county of Racine, shall constitute the Seventeenth Senate District. The third, fourth and fifth wards of the City of Milwaukee, and the towns of Lake, Oak Creek, Franklin and Greenfield, in the county of Milwaukee, shall constitute the Eighteenth Senate District. The first and second wards of the city of Milwaukee, and the towns of Milwaukee, Wauwatosa and Granville, in the county of Milwaukee, shall constitute the Nineteenth Senate District. The county of Brown shall constitute an Assembly District. The county of Columbia shall constitute an Assembly District. The counties of Crawford and Chippewa shall constitute an Assembly District. The towns of Windsor, Sun Prairie and Cottage Grove, in the county of Dane, shall constitute an Assembly District. The towns of Madison, Cross Plains, Clarkson, Springfield, Verona, Montrose, Oregon and Greenfield, in the county of Dane, shall constitute an Assembly District. The towns of Rome, Dunkirk, Christiana, Albion and Rutland, in the county of Dane, shall constitute an Assembly District. The towns of Burnett, Chester, Le Roy and Williamstown, in the county of Dodge, shall constitute an Assembly District. The towns of Fairfield, Hubbard and Rubicon, in the county of Dodge, shall constitute an Assembly District. The towns of Hustisford, Ashippun, Lebanon and Emmett, in the county of Dodge, shall constitute an Assembly District. The towns of Elba, Lowell, Portland and Clyman, in the county of Dodge, shall constitute an Assembly District. The towns of Calamus, Beaver Dam, Fox Lake and Trenton, in the county of Dodge, shall constitute an Assembly District. The towns of Calumet, Forest, Auburn, Byron, Taychedah and Fond du Lac, in the county of Fond du Lac, shall constitute an Assembly District. The towns of Alto, Metomen, Ceresco, Rosendale, Waupun, Oakfield and Seven Mile Creek, in the county of Fond du Lac, shall constitute an Assembly District. The precincts of Hazel Green, Fairplay, Smelser's Grove and Jamestown, in the county of Grant, shall constitute an Assembly District. The precincts of Platteville, Head of Platte, Centreville, Muscoda and Fennimore, in the county of Grant, shall constitute an Assembly District. The precincts of Pleasant Valley, Potosi, Waterloo, Hurricane and New Lisbon, in the county of Grant, shall constitute an Assembly District. The precincts of Beetown, Patch Grove, Cassville, Millville and Lancaster, in the county of Grant, shall constitute an Assembly District. The county of Green shall constitute an Assembly District. The precincts of Dallas, Peddler's Creek, Mineral Point and Yellow Stone, in the county of Iowa, shall constitute an Assembly District. The precincts of Franklin, Dodgeville, Porter's Grove, Arena and Percussion, in the county of Iowa and the county of Richland, shall constitute an Assembly District. The towns of Watertown, Aztalan and Waterloo, in the county of Jefferson, shall constitute an Assembly District. The towns of Ixonia, Concord, Sul'ivan, Hebron, Cold Spring and Palmyra, in the county of Jefferson, shall constitute an Assembly District. The towns of Lake Mills, Oakland, Koshkonong, Farmington and Jefferson, in the county of Jefferson, shall constitute an Assembly District. The precincts of Benton, Elk Grove, Belmont, Willow Springs, Prairie, and that part of Shullsburg precinct north of town one, in the county of La Fayette, shall constitute an Assembly District. The precincts of Wiota, Wayne, Gratiot, White Oak Springs, Fever River, and that part of Shullsburg precinct south of town two, in the county of La Fayette, shall constitute an Assembly District. The county of Marquette shall constitute an Assembly District. The first ward of the city of Milwaukee shall constitute an Assembly District. The fourth and fifth wards of the city of Milwaukee shall constitute an Assembly The towns of Franklin and Oak Creek, in the county of Milwaukee, shall constitute an Assembly District. The towns of Greenfield and Lake, in the county of Milwaukee, shall constitute an Assembly District. The towns of Granville, Wauwatosa and Milwaukee, in the county of Milwaukee, shall constitute an Assembly District. The county of Portage shall constitute an Assembly District. The town of Racine, in the county of Racine, shall constitute an Assembly District. The towns of Norway, Raymond, Caledonia and Mount Pleasant, in the county of Racine, shall constitute an Assembly District. The towns of Rochester, Burlington and Yorkville, in the county of Racine, shall constitute an Assembly District. The towns of Southport, Pike and Pleasant Prairie, in the county of Racine, shall constitute an Assembly District. The towns of Paris, Bristol, Brighton, Salem and Wheatland, in the county of Racine, shall constitute an Assembly District. The towns of Janesville and Bradford, in the county of Rock, shall constitute an Assembly District. The towns of Beloit, Turtle and Clinton, in the county of Rock, shall constitute an Assembly District. The towns of Magnolia, Union, Porter and Fulton, in the county of Rock, shall constitute an Assembly District. The towns of Milton, Lima and Johnstown, in the county of Rock, shall constitute an Assembly District. The towns of Newark, Rock, Avon, Spring Valley and Center, in the county of Rock, shall constitute an Assembly District. Provided, That if the Legislature shall divide the town of Center, they may attach such part of it to the district lying next north, as they deem expedient. The county of Sauk shall constitute an Assembly District. Precints numbered one, three and seven, in the county of Sheboygan, shall constitute an Assembly District. Precincts number two, four, five and six, in the county of Sheboygan, shall constitute an Assembly District. The towns of Troy, East Troy and Spring Prairie, in the county of Walworth, shall constitute an Assembly District. The towns of Whitewater, Richmond and Lagrange, in the county of Walworth, shall constitute an Assembly District. The towns of Geneva, Hudson and Bloomfield, in the county of Walworth, shall constitute an Assembly District. The towns of Darien, Sharon, Walworth and Linn, in the county of Walworth, shall constitute an Assembly District. The towns of Delavan, Sugar Creek, La Fayette and Elkhorn, in the county of Walworth, shall constitute an Assembly District. The towns of Lisbon, Menomonee and Brookfield, in the county of Waukesha, shall constitute an Assembly District. The towns of Warren, Oconomowoc, Summit and Ottawa, in the county of Waukesha, shall constitute an Assembly District. The towns of Delafield, Genesee and Pewaukee, in the county of Waukesha, shall constitute an Assembly District. The towns of Waukesha and New Berlin, in the county of Waukesha, shall constitute an Assembly District. The towns of Eagle, Mukwonago, Vernon and Muskego, in the county of Waukesha, shall constitute an Assembly District. The towns of Port Washington, Fredonia and Clarence, in the county of Washington, shall constitute an Assembly District. The towns of Grafton and Jackson, in the county of Washington, shall constitute an Assembly District. The towns of Mequon and Germantown, in the county of Washington, shall constitute an Assembly District. The towns of Polk, Richfield and Erin, in the county of Washington, shall constitute an Assembly District. The towns of Hartford, Addison, West Bend and North Bend, in the county of Washington, shall constitute an Assembly District. The county of Winnebago shall constitute an Assembly District. The foregoing Districts are subject, however, so far to be altered that when any new town shall be organized, it may be added to either of the adjoining Assembly Districts. SECTION 13. Such parts of the common law as are now in force in the Territory of Wisconsin, not inconsistent with this Constitution, shall be and continue part of the law of this State until altered or suspended by the Legislature. SECTION 14. The Senators first elected in the even numbered Senate Districts, the Gover nor, Lieutenant Governor, and other State officers first elected under this Constitution, shall enter upon the duties of their respective offices on the first Monday of June next, and shall continue in office for one year from the first Monday of January next. The Senators first elected in the odd numbered Senate Districts, and the members of the Assembly first elected shall enter upon their duties respectively on the first Monday of June next, and shall continue in office until the first Monday in January next. SECTION 15. The oath of office may be administered by any judge or justice of the peace, until the Legislature shall otherwise direct. RESOLUTIONS. Resolved, That the Congress of the United States be, and is hereby requested, upon the application of Wisconsin for admission into the Union, so to alter the provisions of an act of Congress, entitled "an act to grant a quantity of land to the Territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock river,” approved June eighteenth, eighteen hundred and thirty-eight, and so to alter the terms and conditions of the grant made therein, that the odd numbered sections thereby granted, and remaining unsold, may be held and disposed of by the State of Wisconsin, as part of the five hundred thousand acres of land to which said State is entitled by the provisions of an act of Congress, entitled "an act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundred and forty-one; and further, that the even numbered sections reserved by Congress may be offered for sale by the United States for the same minimum price, and subject to the same rights of pre-emption as other public lands of the United States. Resolved, That Congress be further requested to pass an act whereby the excess price over and above one dollar and twenty-five cents per acre, which may have been paid by the purchasers of said even numbered sections which shall have been sold by the United States, be refunded to the present owners thereof, or they be allowed to enter any of the public lands of the United States, to an amount equal in value to the excess so paid. Resolved, That in case the odd numbered sections shall be ceded to the State as aforesaid, the same shall be sold by the State in the same manner as other school lands. Provided, that the same rights of pre-emption as are now granted by the laws of the United States shall be secured to persons who may be actually settled upon such lands at the time of the adoption of this Constitution: And provided further, that the excess price over and above one dollar and twenty-five cents per acre, absolutely or conditionally contracted to be paid by the purchasers of any part of said sections which shall have been sold by the Territory of Wisconsin, shall be remitted to such purchasers, their representatives or assigns. Resolved, That Congress be requested, upon the application of Wisconsin for admission into the Union, to pass an act whereby the grant of five hundred thousand acres of land, to which the State of Wisconsin is entitled by the provisions of an act of Congress, entitled "an act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundred and forty-one, and also the five per centum of the net proceeds of the public lands lying within the State, to which it shall become entitled on its admission into the Union, by the provisions of an act of Congress, entitled "an act to enable the people of Wisconsin Territory to form a Constitution and State government, and for the admission of such State into the Union," approved the sixth day of August, eighteen hundred and forty-six, shall be granted to the State of Wisconsin for the use of schools, instead of the purposes mentioned in said acts of Congress respectively. Resolved, That the Congress of the United States be, and hereby is requested, upon the admission of this State into the Union, so to alter the provisions of the act of Congress, entitled "an act to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal in the territory of Wisconsin," that the price of the lands reserved to the United States shall be reduced to the minimum price of the public lands. Resolved, That the Legislature of this State shall make provision by law for the sale of the lands granted to the State in aid of said improvements, subject to the same rights of pre-emption to the settlers thereon, as are now allowed by law to the settlers on the public lands. Resolved, That the foregoing resolutions be appended to and signed with the Constitution of Wisconsin, and submitted therewith to the people of this Territory, and to the Congress of the United States. |