LAWS OF SIN 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. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That on the fifth Monday of November, A. D. Qualification of voters for 1847, every white male inhabitant of the Territory of Wisdelegates to consin, above the age of 21 years, and who shall have resi- form a state constitution. ded therein, for six months next preceding said day, and who shall be a citizen of the United States, or shall have declared his intention to become such citizen, 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 a Convention to form a Constitution for the State of Wisconsin, which is hereinafter apportioned to the county in which he shall vote: Provided, That no person shall vote in any county for such delegates unless he shall have been a resident of that county for the period of ten days next preceding the time of offering his vote; and all legal voters resident upon Indian Territory shall, under the qualifications prescribed by this act, have the right to vote for delegates in the counties nearest to their residence. Proviso. SEC. 2. Every person authorized by this act to vote for del- Who eligible egates to the Convention herein provided for shall be eligi as delegates. Number of ble as a delegate to said Convention for the county or district in which he resides. SEC. 3. The number of delegates to be elected to said Condelegates ap-vention in the several counties of the Territory shall be as portioned to each county. follows, to wit: In the county of Racine,... Votes how returned. SEC. 4. The votes cast for such delegates shall be taken, canvassed and canvassed, certified and returned, and certificates of elec tion made out and delivered in the same manner as is provi ded by law for taking, canvassing, certifying and returning votes, and making out and delivering certificates of election for members of the House of Representatives: Provided, Returns when That the returns of the said votes to the officers now desigto be made, nated by law in the several counties to receive the same, cates of elec. shall be made on or before the first Monday succeeding the tion by whom day of election herein provided for: Provided further, That given. and certifi the clerk of the Board of County Supervisors or of County Commissioners, as the case may be, of each county, shall make out and deliver certificates of election to such persons as may have been elected delegates in said county, and shall not in any case be required to transmit the returns of the votes of said county to any other county, except that the returns of Richland county shall be transmitted to the county of Iowa; the returns of Manitowoc county shall be transmitted to the county of Sheboygan; the returns of the county of Winnebago shall be transmitted to the county of Marquette; the returns of the county of Portage shall be transmitted to the county of Sauk; the returns of the county of Chippewa shall be transmitted to the county of Crawford, and the returns of the county of La Pointe shall be transmitted to the county of St. Croix, and the person or persons voted for for delegate or delegates, equal in number to that above apportioned to such county or district who shall have received the greatest number of votes, shall be declared duly elected. when to be SEC. 5. The said delegates shall assemble in the Repre- Convention sentatives' Hall in the Capitol, at Madison, in the said Ter- held. ritory, on the third Wednesday of December, A. D. 1847, at 12 o'clock, meridian, and when so assembled, shall have full power and authority to form a Republican Constitution for the State of Wisconsin, SEC. 6. The Convention shall elect one of their number Powers of the President, and appoint one or more Secretaries, and such convention. other officers as may be necessary to the permanent organization of their body, and shall adopt rules for the regulation of its members and officers, and have full power to enforce the same. bers and offi. cers. SEC. 7. Each Delegate shall receive two dollars and fifty Pay of memcents per day for his services in said Convention, and ten cents per mile for travel going to and returning from the same. The officers of said Convention shall receive such compensation as the Convention shall deem proper to allow; and the compensation of the members and officers of said. Convention, together with the incidental expenses of the Auditor au Convention, shall be paid out of the Territorial Treasury issue waron the certificate of the President; and the auditor is hereby rants upon the authorized to receive said certificates, and issue warrants on the Territorial Treasury there for in such sums as the holders may desire. thorized to treasury. SEC. 8. It shall be the duty of said Convention to give Constitution publicity to the Constitution adopted by them by providing to be publish ed and submitted to a vote of the congress. for its publication in all the newspapers published in the Territory; Provided, That such papers will publish the same people and to for a sum not exceeding twenty dollars per paper, and no ex• pense shall be incurred for its publication in pamphlet form; to submit the same to a vote of the people for their approval, and to provide how the votes cast upon that subject shall be taken, canvassed, and returned; and the said Convention shall also have the power to submit the said Constitution to the Congress of the United States, and to apply in such manner as they may deem proper for the admission of the State of Wisconsin into the Union. Of challenges Oath to be taken. Penalty for voting when not qualified, SEC. 9. When any person shall offer to vote at any election provided for by this act, and either of the Judges of 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 preceeding this election; I am twenty-one years of age, as I verily believe; I am a citizen of the United States (or have declared my intention 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. SEC. 10. If any person shall vote at any election provided for by this act knowing that he does not possess the qualification of a voter therein prescribed, he shall be liable to be indicted for so voting; and upon conviction thereof, shall be punished by imprisonment in the county jail of the county in which he shall be convicted, for a period not less than Voters when three months nor more than one year. And if any person guilty of per- shall take the oath or affirmation prescribed by this act relative to the qualification of voters, knowing the same to be false, he shall be deemed to be guilty of perjury; and upon con jury. |