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counties of Washington and Jefferson shall compose one district and elect one senator, the county of St. Genevieve shall compose one district and elect one senator, the counties of Madison and Wayne shall compose one district and elect one senator, the counties of Cape Girardieau and New Madrid shall compose one district and elect two senators; and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county, to the clerk of the county first named, within five days after he shall have received the same; and any person who shall have resided within the limits of this state five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third article thereof, shall be eligible to the senate of this state, any thing in this constitution to the contrary notwithstanding.

9. The president of the convention shall issue writs of election to the sheriffs of the several counties, or in case of vacancy, to the coroners, requiring them to cause an election to be held on the fourth Monday in August next, for a governor, a lieutenant governor, a representative in the congress of the United States, for the residue of the sixteenth congress, a representative for the seventeenth congress, senators and representatives for the general assembly, sheriffs and coroners, and the returns of all township elections, held in pursuance thereof, shall be made to the clerks of the proper county within five days after the day of election: and any person who shall reside within the limits of this state at the time of the adop tion of this constitution, and who shall be otherwise qualified as prescribed in the tenth section of the third article thereof, shall be deemed a qualified elector, any thing in this constitution to the contrary notwithstanding.

10. The elections shall be conducted according to the existing laws of the Missouri territory. The clerks of the circuit courts of the several counties shall certify the returns of the election of governor and lieutenant governor, and transmit the same to the speaker of the house of representatives, at the temporary seat of government, in such time that they may he received on the third Monday of September next. As soon as the general assembly shall Le organized, the speaker of the house of representatives, and the president pro tempore of the senate shall, in the presence of both houses, examine the returns, and declare who are duly elected to fill those offices; and if any two

or more persons shall have an equal number of votes, and a higher number than any other person, the general as. sembly shall determine the election in the manner herein provided; and the returns of the election for members of congress shall be made to the secretary of state within thirty days after the day of election.

11. The oaths of office, herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

12. Until a seal of state be provided, the governor may use his private seal.

DAVID BARTON, President of the Convention. Attest, Wm. G. Pettus, Secretary to the Convention.

AN ORDINANCE,

Declaring the assent of the people of the state of Missouri, by their representatives in convention assembled, to certain conditions and provisions in the act of congress on the sixth of March, one thousand eight hundred and twenty, entitled, "An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and to prohibit slavery in certain territories."

Whereas the act of congress of the United States of America, approved March the sixth, one thousand eight hundred and twenty, entitled, "An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and to prohibit slavery in certain territories," contains certain requisitions and provisions, and, among other things, has offered to this convention, when formed, for and in behalf of the people inhabiting this state, for their free ac. ceptance, or rejection, the five following propositions, and which, if accepted by this convention in behalf of the people as aforesaid, are to be obligatory on the United States, viz:

1st. That section numbered sixteen, in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the

use of the inhabitants of such township, for the use of schools.

"2d. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said state for the use of the said state, the same to be selected by the legislature of said state, on or before the first day of January, in the year one thousand eight hundred and twenty-five, and the same when so selected, to be used under such terms, conditions, and regulations, as the legislature of said state shall direct: provided, that no salt spring, the right whereof now is, or hereafter shall be confirmed or adjudged to any individual or individuals, shall by this section be granted to said state; and provided also, that the legislature shall never sell nor lease the same, at any one time, for a longer period than ten years, without the consent of congress.

3d. That five per cent. of the neat proceeds of the sale of lands lying within the said territory or state, and which shall be sold by congress, from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three fifths shall be applied to those objects within the state, under the direction of the legisla ture thereof, and the other two fifths in defraying, under the direction of congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state.

“4th. That four entire sections of land be, and the same are hereby granted to the said state, for the purpose of fixing their seat of government thereon; which said sections shall, under the direction of the legislature of said state, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: provided, that such location shall be made prior to the public sale of the lands of the United States surrounding such location.

5th. That thirty-six sections, or one entire township, which shall be designated by the president of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a semiary of learning, and vested in the legislature of said state;

to be appropriated solely for the use of such seminary, bhe legislature."

Now, this convention, for and in behalf of the people inhabiting this state, and by the authority of the said people, do accept the five before recited propositions, offered by the act of congress under which they are assembled; and, in pursuance of the conditions, requisitions, and other provisions in the before recited act of congress contained, this convention, for and in behalf of the people inhabiting this state, do ordain, agree, and declare, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the respective days of sale thereof. And that the bounty lands granted, or hereafter to be granted, for military services, during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from taxation, for the term of three years from and after the date of the patents respectively: provided, nevertheless, that if the congress of the United States shall consent to repeal and revoke the following clause in the fifth proposition of the sixth section of the act of congress before recited, and in these words, viz: "That every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax, laid by order, or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale, and further"— that this convention, for and behalf of the people of the state of Missouri, do hereby ordain, consent, and agree, the same be so revoked and repealed, without which consent of the congress as aforesaid, the said clause to remain in full force and operation as first above provided for in this ordinance: and this convention doth hereby request the congress of the United States so to modify their third proposition, that the whole amount of five per cent. on the sale of public lands therein offered, may be applied to the construction of roads and canals, and the promotion of education within this state, under the direction of the legislature thereof. And this convention, for and in behalf of the people inhabiting this state, and by the authority of the said people, do further ordain, agree, and declare, that this ordinanc

that

shall be irrevocable, without the consent of the United States.

Done in convention, at St. Louis, in the state of Missouri, this nineteenth day of July, in the year of our Lord one thousand eight hundred and twenty, and of the independence of the United States of America the forty-fifth.

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