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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, specialities, choses in action, and claims 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 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 offences committed against the laws of the territory of Wisconsin, before the change from a territorial to a state gov ernment, 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 ter ritory of Wiscon-in, 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.

SEC. 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or of the territory of Wisconsin, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the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.

SEC. 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.

SEC. 7. All county, precinct and township officers, shall con

tinue 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.

SEC. 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 for holding the annual session of the legislature," approved October 25th, 1847, providing for the calling of this convention: and also a copy of so much of the last census of this 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.

SEC. 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 the 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 board of supervisors or county commissioners (as the case may be) to the governor of the territory, at any time before the tenth day 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 pro

clamation 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 lieutenantgovernor, 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.

SEC. 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.

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SEC. 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 delegates 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 herein before mentioned, and to give to each of the persons elected, a certificate of his election.

SEC. 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 county of Dane shall constitute the ninth senate district. The county of Dodge shall constitute the tenth senate district. The county of Washington shall constitute the eleventh senate district.

The county of Jefferson shall constitute the twelfth senate district.

The county of Waukesha shall constitute the thirteenth senate district.

The county of Walworth shall constitute the fourteenth senate district.

The county of Rock shall constitute the fifteenth 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 Calumet shall constitute an assembly district.
The county of Manitowoc shall constitute an assembly district.
The county of Columbia shall constitute an assembly district.
The counties of Crawford and Chippewa shall constitute an as-
sembly district.

The counties of St. Croix and La Pointe 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.

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