jurisdiction in civil and criminal cases upon the Columbia river and Snake river, concurrently with States and Territories of which those rivers form a boundary in common with this State. But the Congress of the United States, in providing for the admission of this State into the Union, may make the said northern boundary conform to the act creating the Territory of Washington.

ARTICLE XVII.

AMENDMENTS.

SECTION 1. Any amendment or amendments to this Constitution may be proposed in either branch of the Legislative Assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two Houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the Legislative Assembly to be chosen at the next general election; and if in the Legislative Assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislative Assembly to submit such amendment or amendments to the electors of the State, and cause the same to be published without delay at least four consecutive weeks in the several newspapers published in this State; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.

§ 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for, or against, each of such amendments, separately; and while an amendment or amendments, which shall have been agreed upon by one Legislative Assembly, shall be awaiting the action of a Legislative Assembly, or of the electors, no additional amendment or amendments shall be proposed.

ARTICLE XVIII.

SCHEDULE.

SECTION 1. For the purpose of taking the vote of the electors of the State for the acceptance or rejection of this Constitution, an election shall be held on the second Monday of November, in the year 1857, to be conducted according to existing laws regulating the election of Delegate in Congress, so far as applicable, except as herein otherwise provided.

2. Each elector who offers to vote upon this Constitution shall be asked by the judges of election this question:

Do you vote for the Constitution-yes or no?

And also this question:

Do you vote for free negroes in Oregon-yes or no?

And in the poll-books shall be columns headed, respectively, "Constitution, yes," "Constitution, no;" "Slavery, yes;" "Slavery, no;" "Free negroes, yes;" "Free negroes, no." And the names of electors shall be entered in the poll-books, together with their answers to the said questions under their appropriate heads. The abstracts of the votes transmitted to the Secretary of the Territory shall be publicly opened, and canvassed by the Governor and Secretary, or by either of them, in the absence of the other; and the Governor, or, in his absence, the Secretary, shall forthwith issue his proclamation, and publish the same in the several newspapers printed in this State, declaring the result of the said election upon each of said questions.

§ 3. If a majority of all the votes given for and against the Constitution shall be given for the Constitution, then this Constitution shall be deemed to be approved and accepted by the electors of the State, and shall take effect accordingly; and if a majority of such votes shall be given against the Constitution, then this Constitution shall be deemed to be rejected by the electors of the State, and shall be void.

§ 4. If this Constitution shall be accepted by the electors, and a majority of all the votes given for and against slavery shall be given for slavery, then the following section shall be added to the bill of rights, and shall be part of this Constitution:

"Persons lawfully held as slaves in any State, territory, or district of the United -States, under the laws thereof, may be brought into this State, and such slaves, and their descendants, may be held as slaves within this State, and shall not be emancipated without the consent of their owners."

And if a majority of such votes shall be given against slavery, then the foregoing shall not, but the following section shall be added to the "bill of rghts," and shall be a part of this Constitution:

"There shall be neither slavery nor involuntary servitude in this State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted."*

And if a majority of all the votes given for and against free negroes shall be given against free negroes, then the following section shall be added to the bill of rights and shall be part of this Constitution:

"No free negro or mulatto, not residing in this State at the time of the adoption of this Constitution, shall ever come, reside, or be within this State, or hold any real estate, or make any contract, or maintain any suit therein; and the Legislative Assembly shall provide by penal laws for the removal by public officers of all such free negroes and mulattoes, and for their effectual exclusion from the State, and for the punishment of persons who shall bring them into the State, or employ or harbor them therein."

5. Until an enumeration of the white inhabitants of the State shall be made, and the Senators and Representatives apportioned as directed in this Constitution, the county of Marion shall have two Senators and four Representatives; Linn, two Senators and four Representatives; Lane, two Senators and three Representatives; Clackamas and Wasco one Senator jointly, and Clackamas three Representatives, and Wasco one Representative; Yamhill, one Senator and two Representatives; Polk, one Senator and two Representatives; Benton, one Senator and two Representatives; Multnomah, one Senator and two Representatives; Washington, Columbia, Clatsop, and Tillamook, one Senator jointly, and Washington one Representative, and Washington and Columbia, one Representative jointly, and Clatsop and Tillamook one Representative jointly; Douglas, one Senator and two Representatives; Jackson, one Senator and three Representatives; Josephine, one Senator and one Representative; Umpqua, Coos, and Curry, one Representative jointly.

6. If this Constitution shall be ratified, an election shall be held on the first Monday in June, 1858, for the election of members of the Legislative Assembly, a Representative in Congress, and State and county officers; and the Legislative Assembly shall convene at the capital the first Monday of July, 1858, and proceed to elect two Senators in Congress, and make such further provisions as may be necessary to the complete organization of a State government.

7. All laws in force in the Territory of Oregon when the Constitution takes effect, and consistent therewith, shall continue in force until altered or repealed.

§ 8. All officers of the Territory, or under its laws, when this Constitution takes effect, shall continue in office until superseded by the State authorities.

9. Crimes and misdemeanors committed against the Territory of Oregon shall be punished by the State as they might have been punished by the Territory if the change of government had not been made.

10. All property and rights of the Territory, and of the several counties, subdivisions and political bodies corporate of or in the Territory, including fines, penalties, forfeitures, debts, and claims of whatsoever nature, and recognizances, obligations and undertakings to or for the use of the Territory, or any county, political corporation, officer, or otherwise, to or for the public, shall inure to the State, or remain to the county, local division, corporation, officer, or public, as if the change of government had not been made. And private rights shall not be affected by such change.

§ 11. Until otherwise provided by law, the judicial districts of the State shall be constituted as follows: The counties of Jackson, Josephine, and Douglass, shall constitute the first district. The counties of Umpqua, Coos, and Curry, Lane, and Benton, shall constitute the second district. The counties of Lynn, Marion, Polk, Yamhill, and Washington, shall constitute the third district. The counties of Clackamas, Multnomah, Wasco, Columbia, Clatsop, and Tillamook, shall constitute the fourth district; and the county of Tillamook shall be attached to the county of Clatsop for judicial purposes.

Done in Convention, at Salem, the eighteenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven, and of the independence of the United States the eighty-second.

CHESTER N. TERRY, Secretary.

M. C. BARKWELL, Assistant Secretary. [Signed by forty-nine delegates.]

* See Bill of Rights, Clause 39.

M. P. DEADY, President.

† See Bill of Rights, Clause 35.

CONSTITUTION OF PENNSYLVANIA. 1838.*

We the people of the Commonwealth of Pennsylvania, ordain and establish this Constitution for its government.

ARTICLE I.

OF THE LEGISLATURE.

SECTION 1. The Legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. § 2. The Representatives shall be chosen annually, by the citizens [of the city of Philadelphia, and of each county respectively], † on the Second Tuesday of October.

3. No person shall be a Representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a Representative, unless he shall have been absent on the public business of the United States or of this State.

§ 4. [Within three years after the first meeting of the General Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made in such manner as shall be directed by law. The number of Representatives shall at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each; and shall never be less than sixty nor greater than one hundred. Each county shall have at least one Representative, but no county hereafter erected shall be entitled to a separate representation until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one Representative, agreeably to the ratio of which shall then be established.]‡

$5. The Senators shall be chosen for three years by the citizens [of Philadelphia and of the several counties,] at the same time, in the same manner, and at the same places where they shall vote for Representatives.

§ 6. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of Representatives.

7. The Senators shall be chosen in districts, to be formed by the Legislature; but no district shall be so formed as to entitle it to elect more than two Senators, unless the number of taxable inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to elect more than four Senators; when a district shall be composed of two or more counties, they shall be adjoining; [neither the city of Philadelphia nor any]‡ county shall be divided in forming a district.]

8. No person shall be a Senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State; and no person elected as aforesaid shall hold said office after he shall have removed from such district.

§ 9. The Senators who may be elected at the first general election after the adoption of the amendments to the Constitution, shall be divided by lot into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class

*This State was originally under a proprietory form of government. It adopted a State Constitution in 1776, and again in 1790. The present Constitution was adopted by a Convention assembled at Philadelphia on the 22d day of February, and was amended in 1850, 1857, and 1864. † See third amendment of 1857.

See third amendment of 1867.

The following clause is now added to section 7, of this article by the third amendment of 1867: "The city of Philadelphia shall be divided into single senatorial districts of contiguous territory as nearly equal in taxable population as possible; but no ward shall be divided in the formation thereof."

at the expiration of the third year; so that thereafter one-third of the whole number of Senators may be chosen every year. The Senators elected before the amendments to the Constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected.

§ 10. The General Assembly shall meet on the first Tuesday of January, in every year, unless sooner convened by the Governor.

§ 11. Each House shall choose its speaker and other officers; and the Senate shall also choose a speaker pro tempore, when the Speaker shall exercise the office of Gov

ernor.

12. Each House shall judge of the qualifications of its members. Contested electious shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law. A majority of each House shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided.

§ 13. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free State.

§14. The Legislature shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this Commonwealth are, or hereafter may be, empowered to decree a divorce.

§15. Each House shall keep a journal of its proceedings, and publish them weekly, except such part as may require secrecy; and the yeas and nays of the members on any question shall at the desire of any two of them, be entered on the journals.

16. The doors of each House and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret.

§ 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

§ 18. The Senators and Representatives shall receive a compensation for their services to be ascertained by law. and paid out of the treasury of the Commonwealth. They shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and retuning from the same. And for any speech or debate, in either House, they shall not be questioned in any other place.

§ 19. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth which shall have been created, or the emoluments of which shall have been increased during such time; and no member of Congress or other person holding any office (except of attor ney at law and in the militia), under the United States or this Commonwealth, shall be a member of either House during his continuance in Congress or in office.

20. When vacancies happen in either House, the Speaker shall issue writs of election to fill such vacancies.

§ 21. All bills for raising revenue shall originate in the House of Representatives, but the Senate, may propose amendments as in other bills.

22. No money shall be drawn from the treasury but in consequence of appropriations made by law.

23. Every bill which shall have passed both Houses shall be presented to the Governor. If he approve, he shall sign it, but if he shall not approve, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent with the objections to the other House, by which likewise it shall be reconsidered, and if approved by two-thirds of that House, it shall be a law. But in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each House respectively. If any bill shall not be returned by the Governor within ten days (Sunday excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment prevented its return, in which case it shall be a law, unless sent back within three days after their next meeting.

24. Every order, resolution or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the Governor,

and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two-thirds of both Houses according to the rules and limitations prescribed in case of a bill.

$25. No corporate body shall be hereafter created, renewed or extended with banking or discounting privileges, without six months' previous public notice of the intended application for the same in such manner as shall be prescribed by law. Nor shall any charter for the purposes aforesaid, be granted for a longer period than twenty years, and every such charter shall contain a clause reserving to the Legislature the power to alter, revoke or annul the same, whenever in their opinion it may be injurious to the citizens of the Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted, shall create, renew or extend the charter, of more than one corporation. *

ARTICLE II.

SECTION 1. The Supreme Executive power of this Commonwealth shall be vested in a Governor.

2. The Governor shall be chosen on the second Tuesday of October, by the citizens of the Commonwealth at the places where they shall respectively vote for Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of Government, directed to the Speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the Legislature. The person having the highest number of votes shall be Governor. But if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Contested elections shall be determined by a committee to be selected from both Houses of the Legislature, and formed and regulated in such manner as shall be directed by law.

§ 3. The Governor shall hold his office during three years from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years.

4. He shall be at least thirty years of age, and have been a citizen and an inhabitant of this State seven years next before his election; unless he shall have been absent on the public business of the United States, or of this State.

§ 5. No member of Congress or person holding any office under the United States, or this State, shall exercise the office of Governor.

§6. The Governor shall at stated times receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected.

§ 7. He shall be Commander-in-Chief of the army and navy of this Commonwealth, and of the militia, except when they shall be called into the actual service of the United States.

8. He shall appoint a Secretary of the Commonwealth during pleasure, [and he shall nominate and, by and with the advice and consent of the Senate, appoint all judicial officers of courts of record, unless otherwise provided for in this Constitution.]* He shall have power to fill all vacancies that may happen in such judicial offices during the recess of the Senate, by granting commissions, which shall expire at the end of their next session; Provided, That in acting on executive nominations the Senate shall sit with open doors, and in confirming or rejecting the nominations of the Governor the vote shall be taken by yeas and nays.

9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment.

§ 10. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices.

§ 11. He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he shall judge expedient.

§ 12. He may, on extraordinary occasions, convene the General Assembly; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months.

13. He shall take care that the laws be faithfully executed.

§14. In case of the death or resignation of the Governor, or his removal from office, the Speaker of the Senate shall exercise the office of Governor until another Governor

*Section numbered 28% was added by an amendment in 1857.

† Altered. See amendment of 1850.