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have received the greatest number of votes shall be the persons declared duly elected as such delegates.

Section 16. The persons so elected delegates in the several counties of the territory shall assemble in the representatives' hall in the capitol, at Madison, in said territory, on the first Monday in October next, at twelve o'clock, noon, and when so assembled shall have full power and authority to form a republican constitution for the state of Wisconsin.

Section 17. The convention shall by ballot elect one of their number president, and appoint one or more secretaries. The convention may employ a doorkeeper, messenger, and fireman, who shall be allowed the same amount per diem as the delegates. The convention may also employ a printer to do its necessary printing. The amount of pay to each delegate and officer of the convention shall be certified to by the president of the convention.

Section 18. The delegates to such convention shall be entitled to two dollars per day for every day's attendance at said convention, and ten cents per mile for travel in going to and returning from said convention, to be paid out of the territorial treasury.

Section 19. If any person shall vote at either of the elections provided for by this act, who shall not possess the qualifications of a voter as the same are prescribed in this act, he shall be punished by a fine [of] not less than fifty dollars nor more than one hundred dollars.

Section 20. When any person shall offer to vote at either of the elections provided for by this act, and either of the judges of the election shall suspect that such person does not possess the qualifications of a voter, or if his vote shall be challenged by any voter, one of the judges of election shall tender to such person an oath or affirmation in the following form: I, A. B., do solemnly swear (or affirm as the case may be) that I have resided in this territory six months, and in this county ten days immediately preceding this election. I am twenty-one years of age as I verily believe. I am a citizen of the United States (or have filed an applica

tion to become such according to the laws of Congress on the subject of naturalization) and I have not voted at this election. And if such person shall take such oath or affirmation, his vote shall be received unless it shall be proved by evidence satisfactory to a majority of the judges that he does not possess the qualifications of a voter; and if such person refuses to take said oath or affirmation, his vote shall be rejected.

Section 21. If any person shall take said oath or affirmation, knowing it to be false, he shall be deemed guilty of perjury.

Section 22. Said convention shall have power to submit the constitution adopted by them to a vote of the people, if they shall deem proper; and to provide how the votes cast upon that subject shall be taken, canvassed, and returned, and shall also have power to submit the said constitution to the Congress of the United States, and to apply for the admission of Wisconsin into the union of the United States as a sovereign state: Provided, That said constitution shall be eventually ratified by the people either before or after the action of Congress upon the same.

Section 23. The general annual election shall hereafter be held in the several counties of the territory on the first Monday of September, annually, instead of the fourth Monday of September as now provided by law.

Section 24. Should any of the duties required of any officer by this act not be performed as herein provided, it shall be the duty of the governor to cause the same to be performed and executed by some other person.

M. C. DARLING,

Speaker, House of Representatives.

NELSON DEWEY,

President of the Council.

HENRY DODGE.

Approved, January 31, 1846.

APPORTIONMENT OF DELEGATES27

To All To Whom These Presents Shall Come, Greeting: WHEREAS, by an act of the Legislative Assembly of the territory of Wisconsin, entitled "An Act in relation to the formation of a State Government in Wisconsin," it is provided that immediately upon the receipt from the secretary of said territory of a certified copy of the abstract of the population of the several counties, as shown by the returns of the census received by the secretary from the several persons authorized to take the same, in case a majority of all the votes cast upon the question of forming a state government are "for state government," the governor shall proceed to make an apportionment among the several counties, of delegates to form a state constitution, upon the principles set forth in said act, and WHEREAS a majority of all the votes cast upon the question of forming a state government are "for state government," and WHEREAS the secretary on the first day of the present month of August did furnish to the governor a certified copy of the aforesaid abstract of all the returns received by him from the several counties of the territory, and WHEREAS it is also provided by the aforesaid act, that the governor, as soon as he shall have completed said apportionment, shall issue his proclamation for an election of delegates, according to said apportionment, to be held at the time of holding the next annual election (the first Monday of September next) in every county of the territory:

Now, THEREFORE, BE IT KNOWN, That by virtue of the power and authority in me vested by said act, and in compliance with the provisions thereof, I do apportion the said

"Reprinted from the Madison Express, August 4, 1846.

delegates to form a state constitution among the several counties as follows, to wit:

To the county of Brown, having a population of 2,662, two delegates. To the county of Calumet, having a population of 836, one delegate. To the county of Chippewa, from which no returns have been received, one delegate.

To the county of Columbia, having a population of 1,969, two delegates.

To the county of Crawford, having a population of 1,444, one delegate. To the county of Dane, having a population of 8,289, six delegates. To the county of Dodge, having a population of 7,787, six delegates. To the county of Fond du Lac, having a population of 3,544, three delegates.

To the county of Grant, having a population of 12,034, nine delegates. To the county of Green, having a population of 4,758, four delegates. To the county of Iowa, having a population of 14,916, eleven delegates. To the county of Jefferson, having a population of 2,680, seven delegates.

To the county of La Pointe, from which no returns have been received, one delegate.

To the county of Manitowoc, having a population of 629, one delegate. To the county of Marquette, having a population of 989, one delegate. To the county of Milwaukee, having a population of 15,925, twelve delegates.

To the county of Portage, having a population of 931, one delegate. To the county of Racine, having a population of 17,983, fourteen delegates.

To the county of Richland, from which no returns have been received, one delegate.

To the county of Rock, having a population of 12,405, ten delegates. To the county of Sauk, having a population of 1,003, one delegate. To the county of Sheboygan, having a population of 1,637, one delegate.

To the county of St. Croix, having a population of 1,419, one delegate. To the county of Walworth, having a population of 13,439, ten delegates.

To the county of Washington, having a population of 7,473, six delegates.

To the county of Waukesha, having a population of 13,793, eleven delegates.

To the county of Winnebago, having a population of 732, one delegate.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the territory to [Seal] be affixed. Done at Madison, this first day of August, in the year of our Lord one thousand eight hundred and forty-six.

HENRY DODGE.

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