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About The Oregon Argus. (Oregon City [Or.]) 1855-1863 | View This Issue
THE (WKfaUN A11GUS,
resLisuso svasv MTtmutr mossing,
BY WILLIAM L. ADAMS.
TERMS Tha Aaou ii furaiiktd al
Tarsr ValUri and fifty Cmtt pur annum, in
'" advance, to lingU lubirnbrrtTkrii Holluri
tack la tlulti itj ten al am office in advance
Wktn Ikt muHiv it ml paid in adranit, four
,,, DMart if ill It charged if paid mil kin lit
manlkt, and fin dolturi at Ikt tad aj Ikt year.
0T Dalian for tit manlkt Na tuutcrip
i. liana rtrtiatJ fur a leu utriad.
Oua square (13 Uue or Imm) m, Insertion, 3,60
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- - three Insertions, 6,00
' V.tnh suUqunt Insertion, 1,00
Reuunsult deductions to tlu who advertise by
Tub rsersisToa or tiis A 110 1' 8 is mrrl
iu inloriii tli public that lit has Just rseeivsd a
lares stock of JOU TVl'E snd oilier new print-
A Weekly Newspaper, devoted to the Principles of Jeffersonian Democracy, and advocating the Bide of Truth in every issue.
inn iimur.nl, and will ha iu ths S.fedy reeeipt itt
(dilitioiu nailed Is sll His rrqnlrrmrnu at this lo
onliiv. UANDIHM-H, I'OtiTKItM, ItLANKB,
C'AKDH, ClltCl'I.AJM, PAMI'llLKT-WOltK
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ff Na paper diteantinutd until all arrearnget
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OREGON CITY, OREGON, OCTOBER 3, 1857-
CONSTITUTION OF OREGON,
'. ' FRAMED 1Y THE CONVENTION
Which met at SuUm on Mtmduy, Auytttl
, nth, 1837, and which ii to be lubmilUd
for tht adoption of the people on Jlon.
v. day, AWmicrOM, 1857.
, ; , PREAMBLE.
Wt, ill people of tbe State of Ore "on, to
the end ilmi justice bo established, order
maintained, iind liberty perpeluutcd, do
ordain tliit Car.niiution ;
6 ARTICLE I DILL OF BIOHTS.
; SbctioxI. We Jet-hire that all men,
when they form a social compact, are equal
in rights ; thai all power in inherent iu the
people, anil all free government aro found
ed on their authority, and instituted fur
their peace, safety, and happiness ; ami
they havo at all iims a right to aher, re
form,, or bnlih the government in audi
'manner at they may think proper,
" Sec. 2. All men shall be secured in the
.natural ritit to worship Almighty God
, according to l ho dictates of their own cos
''' Sue. 3. No law shall in any case what
ever control the fieo exercise and enjoy.
,ment of religious oji u iona, or interior
'with tho rights of conscience
Sec 4. No religious test thall be ro
quired lis a qualification for any office of
trust or prolit.
" Sec. ft. No money shall be drawn from
the treasury fori ho benefit of any religious
'or theological institution, nor ahull any
.money be appropriated for the payment ot
any religious services in cither house of the
' Legislative Assembly.
'- ; Sec. 6. No person shall be rendered in
competent a a witness or juror in conse
que nee ol bin opinions on mutters of reli
gion; nor be questioned in any court of
justice touching Ins ri liyimi belief, to af
fect the weight of his testimony.
v Sec. 7. The moilo of admiuistciing an
oath or affirmation shall be riueh a may be
most coiisisieul with and binding upon the
.conscience of the person to whom such
bath or affirmation may be administered.
Skc. 8 No law shall be passed ris; rain
ing the free expression of opinion, or re-
m riding tlm right to speak, write, or print
freely on any subject w hatever j but every
person shall he responsible for the ubiiso of
" ibis right.
" ' Sec. 0. No law shall violate tlm right
of the people to bo secure in their per.
eons, houses, papers, and effects', against
. unreasonable search or seizure; and no
warrant hull i.s-ue but upon prolmble
cause, supported by oa'h or iillinuaMon, and
, pjrtiouUi ly ilociliing the place to be
-B 'rfn:lieil, iiiii! the pei-on or thing to be
Sec. 10 No court sliall b secret, but
justice shall be administered openly and
'without purchase, emnplet ly mid without
delay; and every intin sh.ill have remedy
by due cour.-e of law for injury done him
' ill his person, property, or reputation.
t 'Sec. 11. In all criminal prosecutions the
'Accused shall have the riglr to public trial
by.uii impartial jury in the county in
which the off-use shall huve been commit-
ted ; to ht heard bv liims' If and i oiiiim-1 ;
' to demand the nature and cause of the ac
cusation aguiusl him, ami to have a copy
thereof; to meet the witnesses lace to lace,
and to have compulsory process for ob
taining wini-ssea in i favor.
' Skc. I'-J. No person shall be put in jeop-
ardy twice for the same off ne, nor be
compelled in any criminal prosecution to
testily against hiiusell.
, . Sec. 13 . No person arrested or confined
in jail shall bo treated with unnecessary
4;, Sec. 14. .Offense except murder and
treason shull be bailable bj siiirmient
sureties. Murder or treason shull not be
'bailable when the proof is evioeut or the
Sec. 15. Laws for the punishment of
crime shall be founded on the principle of
'reformation, and not of vindictive justice.
Sr.c. 10. Excessive bail shall not be re
qu red, nor excessive fines imposed. Cruel
; and unusual punishments shall not be in
flicted, but all penalties shall be propor
tioned to the offense. In all criminal cases
whatever, the jury shall have the right to
determine the Uw and the facts under the
direction of the court as to the law, and
lie right of new trial, as iu civil cases.
- Sec. 17. In all civil cases the right of
trial byjuryfhall remain inviolate.
? Sec 18. Private property shall not bo
taken for public use, nor the particular ser.
vice of any man be demanded, without a
just compensation ; n"r, except in case of
the Statewithout such compensation first
' assessed and tendered.
' Sec. 19- There shall bo no imprison-
"nt fur debt, except in case of fraud or
'Sec. 20? No .'w lm" " Passed praniing
to any citizen or class of titiz-us privileges
.or immunities w.'iich, upon .'.' .lne terms,
ball not vocally belong to all clti'Jii.
Sec. 21. Ho ex post facto law, or
jmpairiug the obligation of coulracU, shall
.ever be paed ; nor shall any law be
passed the laking elf ctof which shall be
rnad to depend upon any authority except
"a provided in this constitution. Provided
tbat law locating the capilol of the Slate,
locating county -eal, and submitting town
and corporate acts, and other local and spe
cial laws, may lake effect, or not, upon a
vota ef the electors interested.
Sec. 22. The operation of the law shall
aver be impended, except by the author
ity of the Legi-Iative Assembly.
... Sec. 23. The privilege of the writ ol
habeu corpus shall dI be suspended, un
less, in ease of rebrllioo or invasion, the
public safety rrqni'e it.
j. Sec. 24. Treason against the State shall
censist onlv in levviim war against it, J-
' bering to its enernie, or giving them aid
of emnfort- No person shall be convicted
of lrason, unless on the testimony of twe
tinasse to the same overt act, or confea
f?ca in oro court.
Sec 2.). No ronvicinn shall work cor.
ruption of blood or forfeiture of estate.
Sec. 20. No law slmll be passed re.
training any of the Inhabitants of the
Slate from aiwerobling together in a pence
able manner to Consult for their common
good ; nor Imm instructing their re pre
entatives; nor from applying to the legi
lain re for redress of grievance.
Sec. 27, The people shall have the right
lo near arms for the efenea of themselves
and 'he State, but the military .shall be
kept in strict subordination lo the civil
Sr.c. 28. No soldier "ball In time ef
pet.ee be quartered in any house, without
the consent of the owner; nor in time of
war, except in the manner prescribed by
Sec. 29. No law shall be passed grant
ing any title of nobility or conferring he
reditary dial hid ions.
Sec. 30. No law shall bn passed prohib
iting emigration from the Slate.
Sec. 31. White foreigners who are, or
who may hereafter become, resident of
ibis State, shall enjoy ibe same rights in
respect to the possession, enj'yment, and
descent of property, as na'ive-bnrn citi
zens, and the Legislative Assembly shall
huve power to restrain and rogulate the
immigration to the State of persons not
qualified lo become citizens of the United
Sec. .12. Xo tax or duty shall be impos
ed without the consent of the people or
their representatives in the Legislative As-'
senibly, and all taxation shull be equal and
Sec. 33. This enumeration of rights and
privileges shull not be consulted to impair
or deny others retained by the people.
AUTICLE II. SUFFRAGE AND ELECTIONS.
Sue. I. All elections shall he free and
2. In all elections not otherwise pro
vided for by this constitution, every white
male citizen of tho Uniied States, of twen-ty-nnn
years and upwards, who shull have
resided in the Slate during the six months
immediately preceding such election ; and
every while mule of foreign birth of the nge
of iwoiny-ono years and upwards, who shall
have resided in the United Stains one
year, and shall Have resided in tins state
during ill six mouths immediately prece
ding such election, and shall have declared
his intention to become a citizen of 'he
United States, one year preceding such
election, conformably to the laws of the
Liii'rd Stales on the subject of naturaliza
tion, shall be mulled to vote al ail elec
lions amho'iz d by law.
o 3. No idiot or insane person shall be
entitled to the privileges of an elector;
and the privilege of an elcc'or shall be for
feited by a conviction of uny crime which
is punishable by imprisonment m the pen-
& 4. For the purpose of voting, no per
sou shall be deemed to have gained or
lost a residence, by reason of his preseuae
or absence while employed in the service
of the United State's or of this Slate, nor
while engaged in the navigation of the
waters of this StHte or of the United Slates,
or of tho hifth seas ; nor while a student of
any seminary of learning ; nor while kept
at any alms linusn, or oilier asylum, al
public expense ; nor while confined in any
$ 0. INo 30lnier, seaman, or marine in
the army or navy of ihe United States, or
of their allies, shall be deemed to have ac
I ui red a residence in the Slate in conse
quence of having been stationed within
the same; nor shall any such soldier, sea
man, or marine have the right to vote.
0. No uegro, Chinaman, or mulatto,
shall have the right of sutfrage.
& 7. fevcry person shall be disqualified
from holding office during the term for
which he may have been elected, who shall
have given or offered a bribe, threat, or re
ward to procure bis election.
6 8. 1 he Legislative Assembly shall
enact laws to support the privilege of free
suffrage, prescribing the manner of regu
lating and conducting elections, and pro
hibiting, under adequate penalties, all un
due inlluence therein, from power, bribery,
tumult, and other improper conduct.
6 9. Kvery person who shall give or
accept a challenge to fight a duel, or who
shall knowingly carry to another person
such challenge, or who shall agree to go
out of the Stale to fight a duel, shall be
ineligible to uny office of trust or profit.
) 10. INo person holding a lucrative of
fice or appointment under the U Hi ted
States, or under this State, shall be eligible
to a seat in the Legislative Assembly ; nor
shall any person bold more tban one lucra
tive office at the same time, except as in
this constitution expressly prmilled ; pro
vided, that office in the- militia, to which
there is attached no annuel salary, and tbe
office of postmaster, where the compensa
tion does not exceed one hundred dollars
per annum, shall not be deemed lucrative.
11. No person who may hereafter be
a collector or holder of public moneys,
shall be eligible to any office of trust or
profit un'il he shall Lave accounted ter,
and paid over according to law, all sums
for which be may be liable.
12. In all case in which it is provided
that an office shall not be filled by the
same person more than a certain number
of years continuously, an appoin'ment pre
tempore hsll not be reckoned a part of
13. Ia all eases, except treason, fel
ony, and breach of the peace, elector shall
be free from arrest in going to elections,
durins tbeir attendance there, and in re
inrninir from tbe same : and no elector
hall be obliged to do duty in the militia on
.n Hr of election, except in time of war
or nublio danser.
6 14- C'oeral elections si all be held oa
the first Mundar of June, biennially.
) 15. 10 all eleciinn oy iwwui'n'nt
Assembly, or by either branch I hereof
vote h'all be given openly, or viva voce,
and not by ballot, forever ; and in all elec
tion by the people, votes shall be given
openly, or viva voce, until the Legislative
Assembly shall otherwise direct
6 10. In all elections held by the people,
under this constitution, the person or per
son who shull receive the highest number
of vote shall be declared duly elected.
17. All qualified elector shall vote in
the election precinct in the county where
they may reside, for county officers, and in
any county in the State for State oflioer,
or in any oounty of Congressional dis
trict in which such elector may reside, for
members of Congress.
ARTICLE III. DISTRIBUTION OF POWERS.
Skc. I. The power of the government
shall be divided into three separa'e depart
nietitt iho Legislative, the Executive, in
cluding the Administrative, aud the Judi
cial ; and no person charged wild official
duties under oue of these departments shall
exercise any of the functions of another,
except as in this constitution expressly
ARTICLE IV. LEGISLATIVE.
Sec. 1. The legislative authority of the
State shull lie vested in the Legislative
assembly, which shall consist ef a Senate
and Houioof Representatives. The style
of every bill shall be Be it enacted by
the Legislative assembly of the Slate of
Oregon, aud no law shall ba enacted ex
cept by bill.
g 2.' The Senate shall consist ef sixteen,
and the House of Representatives of thirty-four
members, which number shall not
bo increased until the year eighteen hun
dred and sixty, aftor which lime the Leg
islative assembly may increase the num
ber of Senators and Representatives, al
ways keeping as near as may be the same
ratio as to the number of Senators and
Representatives. Provided that the Sen
ate shall never exceed thirty, and the
House of Representatives sixty members.
3. The Senators and Representatives
shall ba chosen by the electors of the re
spective counties, or districts, into which
the State may, from time to time, be divid
ed by law.
4. The Senators shull be elected for
the term of four years, and Representa
tives for tho term of two years from the
dav next after tbeir treneral election.
Provided, however, that the Senators eloct
at the fust session of the Legislative as
sembly under this constitution shall be di
vided by lot inio two equal classes, as near
ly as may be, and the seals of Senators of
the first class shall be vacated at the expi
ration of two years, and those of the sec-
ond class at the expiration of four years ;
so that one-half, ns nearly as possible, shall
b chosen biennially, forever I hereafter.
And in case of the increase of tho num
ber of Senators, they shall be so annexed
by lot to one or Ihe other" or the two class
es as to keep them as nearly equal as
5. The Legislative assembly shall, in
the year eighteen hundred and ,sixty five,
and every ten years ufter, cause an enume
ration to be made of all the white popula.
lion of the State,
g 0. The number of Senators and Rep
resentatives shall, at the session next fol
lowing an enumeration of the inhabitants
by the United States or this State be fixed
bv law, and apportioned among the several
counties according to the number of while
population in each. And ihe ratio of Sen
ators and Representatives shall be deter
mined by dividing the whole numner ot
white population by the number of Sena
tors ami Kepresen'utives respectively ;
aud the cumber of Senators and Represen
tatives to which any county or district
shall be entitled, shall be determined by
dividing tho whole number of white pop
ulation of such county or district by such
respedive ratios ; and when a fraction shall
result from such division which shall ex
ceed one-half of said ratio, such county or
district shall be entitled a member of such
fraction. And in case any county shall
not have the requisite population to entitle
such oounty to a member, then such comity
shall be attached to some adjoining cnuhly
for Senatorial or Representative purposes.
.7. A Senatorial district, when more
than one county shall constitute the same,
shull he composed of contiguous counties,
and no county shall be divided in creating
8. No person shall be a Senator or
Representative who, at the time of his
election, is not a citizen of the United
Slates ; nor any one who hm not been for
one year, next preceding his election, an
inhabilaut of the county or district whence
he may be chosen. Senators and Repre
sentatives shall be at least twenty-one years
0. Senators and Representatives, in all
cases, except for treason, felony, er breach
es of the peace, shall be privileged from
arrest during the session of the Legisla
tive assembly, and in going to and return
ing from the same ; and shall not be sub
ject to any civil process during the session
of the Legislative assemoiy, nr oiiriiij;
the fifteen dav nextbelore the emmence-
ment thereof. Nor shall a member, lor
words uttered iu debate in either house,
be questioned in any other place.
10. The sessions ef the Legislative as
sembly shall be held biennially, at the capi
tal of the State, commencing on the second
Monday ef September, in tbe year 1258,
and on the same day of every second year
thereafter, unless a diderentday shall have
been appointed by law.
g 11. Each house, when assembled,
shall choose it owe officers, judge of elec
tion, qualifications, and return of it own
members, determine its nwn rules of pro
ceeding, and set upen it own adjo-iminents;
but neither house shall, wi'hout the concur
rence of the other, adjourn for more than
three days, nor to ny other place than
tk.t in B-tiirliit mar be sitting.
crM?,.i!uta quorum to do tusine... but a bar been elected, be eligible to any eflic
.mailer number m.y meet, adjourn from ! the election to which is rested to the Leg
, j. ..a .t it,. .(nitnee of, lslative assembly: nor shall be appointed
12. Two 'bird of aatb tonse snan
. JenrmembV.- lorum being in ...
tendance, if either bouse fail toeff ct an
l....nl.ali... .ill.!., ll.. r.r., flu. ll.Ar.
after, the members of ihe house so failing
hall be entitled to no compensation from
the end of the uid five day until in er-
ionization shall ba been rnectod.
8 13. Each house shall keep a journal
of it proceedings, and publish the same.
Ibe yea and nay, on any question, shall,
at the request of any two member, be en
tered together with the name of the mem
bers demanding tbe sums, ou the journal ;
provided, that on a motion to adjourn, it
hall require one tenth of the member
present to order the yeas and nays
8 14. The door of each house, and of
committee of the whole (hall be kept
open, except in auch case a in the opin
ion of either bouse may require secrecy.
15. Cither house may punish it
member for disorderly behavior, and may,
with the concurreuce of two-thirds, expel
a member; but oot a iccoud time for ihe
g 10. Either house, during its session,
may punish, by imprisonment, any person
not a member who shall have been guilty
of disrespect to the house by disorderly or
coutemptunus behavior in its presence ; but
such imprisonment shall not at any lime
oxceed twenty-four Lours.
g 17. Each Lous shall have all powers
necessary for a breach of tbe legislative
department of a free and independent
18. Dills may originate ia either
house, but may be amended or rejected in
the other, except that bills (or raising rev
enue shall originate in the Iloose of Rep
resentatives. 19. Every bill shall be read by Mo
tions, on three several days, in each house;
unless in case of emergency, two thirds
of the house, where such bill may bo de
pending, shall, by a vole of yeas and nays,
deem it expedient to dispense with this rule;
but the reading of a bill by sections on its
final passage, shull in no case be dispensed
with, and the vote on the passage of every
hill or joint resolution shall be taken by
yeas and nays.
20. Every act shall embrace but one
subject, and mutters properly connected
therewith, which subject shall be expressed
in the title. 13 nt if any subject shall be
embraced in an act which shall not be ex
pressed in the title, such act shall bo void
only as ioso much thereof as shall not be
expressed in the title.
21. Every act and joint resolution shall
be plainly worded, avoiding, as far as prac
ticable, the use of technical terms.
22. No act shall ever be revised or
amended by mere reference lo its title;
but the act revised, or section amended
shall bo jet forth and published at full
( 23. The Legislative assembly shall not
pass spcciul or local laws, in any of the
following enumerated cases, that is to say:
Regulnting the jurisdiction and duties of
justices of the peace and of constables ;
tor the punishment of Crimea and misde
meanors ; regulating the practice in courts
of justice ; providing for changing the ven
ue iu civil and criiniuul cases ; granting
divorces ; changing the names of persons;
for laying out, opening and working on
highways, aud for the election or appoint
ment of supervisors ; vacating roads, town
plats, streets, alleys, and public squares;
summoning and empanneling grand and
petit jurors; for the assessment and col
lection of taxes for State, county, township
or road purposes ; providing for support
ing common schools and for the preserva
tion of school funds ; in relation to inter
est on money; providing for opening aud
conducting elections of state, county, town
ship officers and designating the places of
voting ; providing for Ihe sale of real es
tate belonging to minors, or other persons
laboring under legal disabilities, by execu
tors, administrators, guardians, or trustees.
24. Provision may be made, by gen
eral law, fur bringing suit against the
State, as to all liabilities originating after
or existing at tbe time of the adoption of
this consiitiiiion ; but no special act au
thorizing such suit lo bn brought, or milk
ing compensation to any person claiming
damages aguinst the Slate shall over be
25. A majority of all the members
elccteJ to each house shall be necessary to
pass every bill or joint resolution ; and
ull bills and joint resolutions so passed, shall
be signed by tbe presiding officers of ihe re
20. Any membcrof either house, shall
have the right to protest, and have his pro
test with his reasons for dissent, entered
on the journsl.
& 27. Every statut shall be a public
law, unless otherwise declared in the statute
28. No act shall take effect until nine
ty days from the end of the session at
which the same shall Lave been passed,
except incase of emergency; which em
ergency shall be declared in the preamble
or in tbe body of the law.
29. The members of the Legislative
assembly shall receive for their service,
a sum not exceeding three dollars a day,
fiouj the commencement of the session :
but such nay shall not exceed in the ag
gregate one hundred and twenty dollars
lor ner diem allowance lor any one session
When convened in extra session by the
Governor, thev shall receive three dollars
per day ; but no extra session shall contin
ue for a lonirer period than twenty day
They shall also receive the sum of three
. J - -I .1 L II
dollars for every twenty mnes iney snsn
travel in going to and returning from tbeir
place ef meeting, on tbe most usual route.
The presiding ofiicer of the assembly shall,
in virtue of bis office, receive an additional
cotnpeosa'ion equal to two thirds of tbeir
tier diem allowance as members.
$ 30. No Senator or Representative
shall, during the lime for which be may
to.nrcMe5 cf profit wbieh lb.ll h.r,
been created, or the emoluments of which
shall Lave been Increased during auch
term : but this latter provision shall not
he construed lo apply to any aftica elect
ive by the people.
31. The member of the Legislative
assembly shall, before they enter oo the
duties of their respective offices, take and
subscribe the following oath t " I do
solemnly swear (or affirm, as the case may
be,) that I will support the Constitution of
the United Stutes, aud the Constitution of
the State of Oregon, and that I wi'l faith
fully discharge Ihe duties of Senator (or
Representative, as lb case may be,) ac
cording to the best of my ability." And
uch oatb may be administered by the Uov.
ernnr, Secretary of State, or a judge of
the Supreme Court.
article v. executive.
Seellonl. The Chief Executive power
of tbe State shall be vested in a Governor,
who shall hold his office for ibe term of
four years; and na porson shall be eligible
to such office mere than eight ia any pe
riod of twelve year.
6 2. No person, except a citizen of Iho
Uuiled Slates, shall be eligible lo ibe of-
fiee of governor, nor shall any person be
Itgible lo Hint oltico who shall not have
at'.aiued the age of thirty years, and who
shall nut Lave been three years, next pre
cesding hi election, a resident within ibis
6 3. No member of Cougresi, or person
holding any office under the United States,
or under this Stale, or under any other
power, shall fill the office ef Governor ;
except as may bo otherwise provided in
6 4. The Governor shall be elected by
the qualified electors of the Slate at the
times and places of ohoosing members of
the legislative assembly, and the returns of
every election for Governor shall ba sealed
up and transmitted to the Secretary of
Mate, directed to the Speaker of the
House of Representatives, who shall open
and publish them in the presence of both
houses ol the legislative assembly,
o. Iho person bavins the highest
number of votes for Governor, shall be
eleoted ; but in case two or more persons
shall have an equal, and the highest num.
berof votes for Governor, Ihe two houses
of the legislative assembly, at ihe uext
regular session thereof, shall forthwith,
by joint vote, proceed to elect one of the
said person Governor.
c G. Contested elections for (ruvcrnor
shall be determined by the legislative as
sembly in such ruanuor as may be pre
soribed by law.
8 7. Ihe official term of ihe Governor
shall be four years, and shall commence at
such limes as may bo provided by this
Constitution or prescribed by law.
6 8. In case of the removal of tbe Gov
ernor from office, or of his death, resigna
tion, or inability to discharge the duties of
the office, tho same shall devolve on the
Secretary of State ; and in cuse of the re
moval from office, death, resignation, or
inability, both of the Governor and Secre
tary of State, tho rrcsidcnl ol the benale
hall act as Governor until the disability
be removed, or a Governor be eluded.
6 9. Ihe Governor slmll be commander-
in-chief of th military and naval force
of this State, and may call out such forces
to execute tho laws, lo suppress insurrec
tion, or repel invasion.
6 10. He shall take care that the laws
be faithfully executed.
9 II. He shall fiom time to time give
to Iho legislative assembly information
touching the condition of the Slate, and
recommend such measures as he shall
judge to be expedient.
6 12. tie may, on extraordinary occa
sions, convene the legislative assembly by
proclamation, and shall state to both houses
when assembled the purpo&e for which
they have been convened.
613. He shall transact all necessary
business with the officers of government,
and may require information in writing
from the oflicnrsof tbe administrative and
military derailments upon any subject
relating to the duties of their respective
& 14. He shall have power lo grant re
prieves, commutations, and pardons, after
conviction, for all ollenses except treason,
subject lo such regulations as may be pro
vided by law. . Upon conviction lor trenson,
he slmll have power to suspend tho execu
tion of tlm sentence until the esse shall be
reported to the Legislative Assembly at its
next meeting, when the Legislative As
sembly shall either grant a pardon, com
mute the sentence, direct tbe execution ol
the sentence, or grant a further reprieve.
He shall bsve power to remit fines and for
feitures, under such regulations as may be
prescribed by law ; and shall report to the
Legiolative Assembly at its next meeting
each case of reprieve, commutation, or
pardon eranttd. and the reasons for grant
ing the same; and also the names of all
persons in whose lavor remission of lines
and forfeitures shall have been made, and
the several amounts remitted.
fi 15. Every bill which shall have passed
the legislative assembly, shall, bofore it
becomes a law, be presented to tbe uov-
. L 111 ' ...
ernor. it lie approve, ne snail sign n;
but if not, be shall return it, with his ob
jections, to that house in which it shall
have originated, which oouse snail enier
the objections at latge upon Ihe journal,
and proceed to reconsider it. ir, alter suc'u
reconsideration, two third of tbe members
present shall agree to psss the bill, it shall
be sent, together with the objection, to
the other house, by which it shall likewise
be reconsidered, and if approved by two
thirds of tbe momber present, It shall be
come a law. But, ia all och cases, the
vote of both bouse shall be determined
by yeas and nays, and the names of the
members voting forar against the bill shall
be entered on ibe journsl of each
boose respectively. If any bill shall not
be returned by the Governor wiihin five
days, etastliyi exeeteV), after it sHiU UaV
been presented lo him, it shull be a law
without hi signature, onlrst general
ailjounuiHiit shall prevent its return, in
which cse it shull bo a law, unless the
Governor, within five days ni xt after Ilia
adjournment, Sundays excepted, shall file
such bill, with his objections thereto, in the
office of tho Secretary of Slate, who shall
lav tbeiitme before the Legislative Assem
bly at it next cession, in like manner as if
it had been roturnrd by the Governor.
4 10. lien, during a recet or Ik I.e.
gulaiive Assembly, a vacancy shall hap-
pen in auy oflice, Iho apjiointnienl to wlnca
is vested in the Legislative Assembly ; or
when al any lime a vacancy shall have oo-
curred In any othor State oflioo, or in tho
office of judge of any court, th Governor
hull lili such vacancy by appoiutinent,
which shall expire when a successor ahall
have been elected and qualified.
v 17. lie shall istne writ of election tot
fill such vacancies as may hava occurred in
the Legislative Assembly.
6 18. All commissions shall issue in tu
name of the S:ate, (hall be signed by th
Governor, sealed with the seal of the State.
aud attested by the Secretary of State.
ARTICLE VI. ADMINISTRATIVE.
Sec. 1. There shall be elected by tL
qualifiod electors of the State at ihe time
and places of choosing members of the leg"
! I...f I I.. - U . J IS
isiaiive asseniuiy, a oecreiary sou s irns
rer of State, who shall severally hold I heir
offices for iho term ef four years; but d
person shall be eligible to either of said of
fices more than eight in any period of twelve
6 3. I ho Secretary t Male snail Keep
a fair record of the official acta of the leg
islative assembly and executive depart
ment of ihe Stale, and shall when required-
lay the same, and all matters relative there
lo, before either branch ef the legislative
assembly. He shall be by virtue of hie
office, Auditor of publio accounts, and
hall perform such other duties a shall be
assigned him by law.
v 8. 1 bere shall be a seal of Mate, Kept
by the Secretary of State for official pur
poses, which shall be called " 1 he seal or
the 6l ato oruregon."
4. The powers and dutis of the
Treasurer of State shall be such as may
be prescribed by law.
J fl. The Governor and th Secretary
Treasurer of State severally keep the
public records, books aud papers in any
manner relating to their respective office,
at the seat of government, al which place
also ihe Secretary of State shall reside.
6. There shall be elected in each coun
ty, by the qualified electors therof, at the
time of holding general elections, a County
Clork, Treasurer, Sheriff, Coroner, and
Surveyor, who shall severally hold their
offices for tho farm of two years.
7. Such other county, township, pre
cinct, and oily officers as may bo neces
sary, shall be elected or appointed in such
msuner as may be prescribed by law,
8. No person shall be elected or ap
pointed to a county office, who shall not
be an elector of the county ; and all county
township, precinct and city officers ahall
keep their respective offices at such place
therein and perform such duties as may be
prescribed by law.
9. Vacancies in county, township, pre
citict and city offices shall be filled in such
manner as may be prescribed by law.
ARTICLB VII. JUDICIAL.
Sec. 1. The judicial power of the State
shall be vested in a supreme court, circuit
courts, and county courts, which shall be
courts of record having general jurisdic
tion, to be defiuod, limited and regulated
by law in accordance with this constitu
tion. Justices of the peace may also be
invested wiih limited judicial powers and
municipal courts may be crouted to admin
ister the regulations of incorporated town
6 2. Tho Supreme Court shall consist of
four justices, to bo obosnn in districts by
the electors thereof, who shall be citizen
of the United Sta'rs, and who shall have
resided in the Slate at least three rears
next preceding their election, and after
their election to reside in their respective
districts. The number of justices and dis
tricts may be increased, but shall not ex
ceed five until ihe white population of the
Slate shull amount to ono hundred thous
and, and shall never exceed seven ) and
the boundaries of districts may be chang
ed, but uo change of districts shall have
the effect lo remove a Judge from office, or
require linn to change bis residence Willi-
out his consent.
& 3. The Judges first chosen unoer this
constitution shall allot among themselves
their terms of office, so that tbe term ot
one of them ahull expire in two years, one
in four years, and two in six years ! and
thereafter ono or more slmll bo chosen
every two years to serve for the term ef
4. Every vacancy in the office of
Judge of the Supreme Court shall be filled
by election for the remSinder of the va
cant term, unless it would expire at the
next election ; and until so filled, or when,
ii would so expire, the Governor shall fill
the vacancy by appointment,
6. Tbe Judge who has th shortest
term to serve, or the oldest of several hav
ing such shortest term, and not holding by
appointment, shall be the Chief Justice.
0, The Supreme Court shall have Ju
risdiction only lu rev 1st the final decisions of
tbe Circuit Courts ; and every cause shall
be tried, and every decision shall be made,
by iboss Judges only, or a majority of
them, who did not try the cause or make
the decision in the Circuit Court.
tj 7. The terms of the Supreme Court
shall be appointed by law; but there shsU
be one term at the seat of government an
nually. And at ihe close of each term the
Judge shall file with the Secretary of Slabs
concise written statements of the decis
ions made at that term. "
$ 8. The Circuit Courts shall be hsld
twice at least in each year, in each cooaly
organoid tit JudWsl jrurrM, rjw crfa C(