county if there shall be a fraction in such county over and above the said number of thirteen hundred, or any multiple of that number greater than one moiety of said number: Provided, That there shall be one delegate apportioned to each organized county, whether it shall contain the number of thirteen hundred inhabitants or not, and no county shall be entitled to two delegates in said convention unless it shall contain over nineteen hundred and fifty inhabitants. No two counties shall be united in the same election district for the election of delegates.

Section 12. As soon as the governor shall have completed said apportionment, he shall issue his proclamation and cause it to be published in all the newspapers printed in the territory and transmit a copy of it to each of the sheriffs of the county, for an election of delegates according to said apportionment to be held at the time of holding the next annual election in every county of the territory, and said proclamation shall specify the number of delegates so apportioned to each of the counties of the territory.

Section 13. Immediately upon the receipt of said proclamation the sheriff in the several counties in the territory shall give notice that an election will be held on the day mentioned in the proclamation of the governor in the several towns and election precincts in each county for the election of the same number of delegates in their counties, respectively, as the governor by his said proclamation shall have apportioned to such county, and the sheriff in such notices shall designate the same place for holding such election in the several towns and precincts as shall have been provided by law for the holding of elections in such towns and precincts, and if no such place shall have been provided by law, then such place as the sheriff shall think proper to select, which notices shall be posted up in at least three public places in each of said towns and precincts, and in case any county shall be attached to another county for judicial purposes, and there shall be no sheriff in it, then the sheriff of the county to which it is attached shall perform the duties here

by required to be performed in such attached county in the same manner that he is hereby required to perform therein in the county of which he is the sheriff, excepting the counties of Chippewa, St. Croix, and La Pointe, in which said county [counties] it shall be the duty of the clerk of the board of county commissioners to do the duties herein required to be done by the sheriff. And the same persons shall act as judges of election, at said election of delegates, as shall act as judges of the general election and if there are no judges present or if part only are present, the voters in attendance may appoint others to supply their places.

Section 14. At the times and places specified in said notices of election, all the white male inhabitants of the territory above the age of twenty-one years, who shall have resided in the territory for six months next preceding said election, and who shall be citizens of the United States, or shall have declared their intention to become such according to the laws of the United States on the subject of naturalization, shall be authorized to vote by ballot for the number of delegates to the convention to form a state constitution which shall have been apportioned to the county in which he is voting, and no person shall vote in any county for delegates unless he shall have been a resident of that county for ten days next preceding such election, and every person authorized by this act to vote for delegates to form a state constitution shall be competent to be elected a delegate to said convention for the county in which he resides.

Section 15. The votes cast for said delegates shall be deposited in a separate box to be provided by the judges of election for that purpose, and shall be canvassed, certified, and returned, and certificates of election issued in the same manner as is provided by law for the canvassing, certifying, and returning of votes and issuing of certificates of election for members of the house of representatives. And the person or persons voted for, for delegate in each county equal to the number apportioned to such county, who shall

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.