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The 1st, 2d, 3d, and 4th amendments were then concurred in. The question was then put on concurring in the 5th amendment, which was to amend by adding as follows, to wit:

"Resolved, That the committee on the judiciary be instructed to inquire into the expediency of the election of the judges of the supreme court, by a joint vote of both houses of the legislature."

And was decided in the negative.

And a division having been called for,

There were 6 in the affirmative, negative not counted.

The resolution as amentled was then adopted.

The question was then put on concurring in the amendments of the committee of the whole to resolution No. 3. A division of the question was called for.

The 1st and 2d amendments were then concurred in.

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The question was then put on concurring in the 3d amendment, which was to strike out the words forty-five and eighty, wherever they oceur,"

And was decided in the negative.

The resolution as amended was then adopted.

The amendments of the committee of the whole to resolution No. 4, were then severally concurred in, and the resolution, as amended, was adopted.

Mr. FENTON introduced the following resolution, which was read, to wit:

"Resolved, That the committee on boundaries be instructed to inquire into the expediency of reporting an ordinance on that subject, containing the following provisions, viz :

"Section 1. It is hereby ordained and declared that the state of Wisconsin "doth consent to, and accept of the boundaries prescribed in the 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, August 6th, 1846: Provided, however, That the following alteration of the aforesaid boundary, be, and hereby is proposed to the congress of the United States, as the preference of the state of Wisconsin, and if the same shall be assented and agreed to by the congress of the United States, then the same shall be and forever remain a part of said boundary of the territorial limits of the state of Wisconsin, viz: Leaving the aforesaid boundary line at the foot of the rapids of the St. Louis river; thence in a direct line, bearing south-west to the mouth of Rum River, where the same empties into the Mississippi river, thence down the main channel of the said Mississippi river as prescribed in the aforesaid boundary."

And the rules having been first suspended for that purpose,
The resolution was adopted.

On motion of Mr. KILBOURN,

The convention adjourned.

WEDNESDAY, December 22, 1847.

Prayer by the Rev. Mr. PENMAN.

The journal of yesterday was read.

Mr. JUDD presented the certificate of election of Mr. LARRABEE, from the county of Dodge;

Which was placed on file.

Mr. LOVELL, from the committee on executive, legislative, and administrative provisions, made the following report, to wit:

The committee on the executive, administrative, and legislative provisions of the constitution, respectfully submit for the consideration of the convention, the accompanying article:

F. S. LOVELL,
RUFUS KING,

D. G. FENTON,
HOLLIS LATHAM,
STODDARD JUDD,
O. COLE,

H. G. TURNER.

ARTICLE.

ADMINISTRATIVE.

Sec. 1. There shall be elected at the times and places of choosing the governor, a secretary of state, (who shall ex-officio, be the auditor,) a treasurer, and an attorney-general, who shall severally hold their offices for the term of two years.

Sec. 2. The secretary of state shall keep a fair record of the acts of the legislative and executive departments of the state, and shall when required, lay the same, and all matters relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services, yearly, such sum as shall be provided by law, and shall keep his office at the seat of government.

Sec. 3. The powers, duties and compensation of the treasurer, and attorney-general, shall be prescribed by law.

Sec. 4. Sheriffs, coroners, and district attorneys, shall be chosen by the electors of the respective counties, once in every two years, and as often as vacancies shall happen. Sheriff's shall hold no other office, and shall be ineligible for the next two years, after the termination of their offices. They may be required, by law, to renew their security, from time to time, and in default of giving such new security,their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence.

The said article was read the first and second times and ordered printed.

Mr. KILBOURN, from the committee on general provisions, reported number 3, article on preamble, as follows:

PREAMBLE.

We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility, and promote the general welfare, do establish this constitution.

And also article "declaration of rights."

ARTICLE.

DECLARATION OF RIGHTS.

Sec. 1. All men are born equally free and independent, and have certain inherent rights. Among these, are life, liberty, and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

Sec. 2. There shall be neither slavery or involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

Sec. 3. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no laws shall be passed to restrain or abridge the liberty of speech, or the press. In all prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous, be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

Sec. 4. The people shall at all times have the right in a peaceable manner to assemble together to consult for the common good.

Sec. 5. The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties, in all cases, in the manner prescribed by law.

Sec. 6. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishment shall not be inflicted. Sec. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the country or district wherein the offence shall have been committed; which country or district shall have been previously ascertained by law.

Sec. 8. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace or arising in the army or navy, or in the militia when in actual service in time of war or public danger; and no person for the same offence shall be twice put in jeopardy of punishment; nor shall be compelled in any criminal case to be a witness against himself. All persons shall, before

conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

Sec. 9. Every person within this state ought to find a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.

Sec. 10. Treason against the state shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants to search any place, or seize any person or thing, shall issue without describing, as near as may be, nor without probable cause, supported by oath or affirmation.

Sec. 12. No bill of attainder, ex post facto law, nor any law impairing the validity of contracts, shall ever be passed; and no conviction shall work corruption of blood, or forfeiture of estate.

Sec. 13. The property of no person shall be taken for public use, without just compensation therefor.

Sec. 14. Every person of foreign birth, having filed his declaration of intention to become a citizen, and every such person residing in this state, having come into it a minor, without such declaration, shall have the same rights in respect to the possession, enjoyment and descent of property as native born citizens.

Sec. 15. No person shall be imprisoned for debt in this state.

Sec. 16. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience; no preference shall ever be given by law to any religious establishments or modes of worship; and no money shall be drawn from the treasury for the benefit of religious societies or theological or religious seminaries.

Sec. 17. No religious test shall ever be required as a qualification to any office of public trust under this state; and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion.

Sec. 18. The military shall be kept under strict subordination to the civil power.

Sec. 19. Writs of error shall never be prohibited by law.

Sec. 20. No free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.

BYRON KILBOURN,

Chairman.

Said articles were read the first and second times, and ordered print

ed.

Resolutions were introduced and read, as follows, to wit:

By Mr. CASE:

"Resolved, That the committee on education and school funds be instructed to inquire into the expediency of memorializing congress to pass an act exchanging the school lands in the northern and unsettled portion of the territory for other lands west of the Wisconsin river."

By Mr. ESTABROOK:

"Resolved, That the journal of the daily proceedings of this convention from the beginning, be directed to be printed in quarto form, convenient for binding; and that five hundred copies thereof be furnished in addition to those necessary for the use of the convention."

By Mr. KENNEDY:

"1st. Resolved, That the public interest of this territory requires that the Indian title to the lands now in possession of the Menomonees, between the Wolf and Wisconsin rivers, shall be extinguished without unnecessary delay.

"2d. That a copy of the above resolution be appended to any copies of the constitution which may be transmitted to the President of the United States or to either house of congress."

By Mr. LEWIS :

"Resolved, That committee No. 2, on the executive, legislative, and administrative provisions be instructed to inquire into the expediency of providing in the constitution that no member of either branch of the legislature shall, directly or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business to be transacted in the legislature, except when employed in behalf of the state." By Mr. WARDEN:

"Resolved, That this convention adjourn on Friday next, to meet on the first Monday in January."

By Mr. CARTER:

"Resolved, That the committee on schools and education be directed or requested to inquire into the expediency of establishing a system of free schools, and to report them for the consideration of the convention."

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By Mr. KING:

Resolved, That the committee on general provisions be instructed to inquire into the expediency of reporting a resolution in the nature of a petition to the congress of the United States, praying that indemnity may be made to the state of Wisconsin for the portions of territory which have been allotted by law, on the south to Illinois, and on the northeast to Michigan."

By Mr. PENTONY:

"Resolved, That the committee on the judiciary be instructed to inquire into the expediency of having the clerk of circuit courts, and office of register of deeds, separate offices."

By Mr. CHASE:

"Resolved, That the committee on executive, legislative, and administrative provisions be instructed to inquire into the expediency of directing the legislature to provide by law for a limit to the amount of land which any person may own or hold under the laws of the state." By Mr. FITZGERALD:

"Resolved, That the committee on miscellaneous provisions be instructed to take into consideration the expediency of reporting a provision securing to every suitor in any and every court of the state, the right to prosecute or defend his suit, either in his own proper person,

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