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The 1820 Constitution
Part IV

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This page contains contains a schedule (of events) and the “signatures” of the 1820 Constitutional Convention delegates.


Schedule

Section 1. That no inconvenience may arise from the change of government, we declare, that all writs, actions, prosecutions, judgments, claims, and contracts, of individuals, and of bodies corporate, shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the Territory of Missouri, shall be as valid as if issued in the name of the state.

Section 2. All laws now in force in the Territory of Missouri, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

Section 3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Missouri, shall accrue to the use of the state.

Section 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to, and may be prosecuted in, the name of the state; and all bonds executed to the governor of the territory, or to any other officer or court, in his official capacity, shall pass over to the governor, or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or which, on the third Monday in September next, may be, depending in any of the courts of record, in the Territory of Missouri, may be commenced in, or transferred to, any court of record of the state which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in, 'or transferred to, the court of chancery.

Section 5. All officers, civil and military, now holding com- missions under authority of the United States, or of the territory of Missouri, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the state; and all such officers holding commissions under the authority of the territory of Missouri, shall receive the same compensation which they have hitherto received, in proportion to the time they shall be so employed.

Section 6. The first meeting of the general assembly shall be at St. Louis, with power to adjourn to any other place; and the general assembly, at the first session thereof, shall fix the seat of government until the first day of October, one thousand eight hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members thereof; any thing in the constitution to the contrary notwithstanding.

Section 7. Until the first enumeration shall be made, as directed in this constitution, the county of Howard shall be entitled to eight representatives; the county of Cooper to four representatives; the county of Montgomery to two representatives; the county of Lincoln to one representative; the county of Pike to two representatives; the county of St. Charles to three representatives; the county of St. Louis to six representatives; the county of Franklin to two representatives; the county of Jefferson to one representative; the county of Washington to two representatives; the county of Ste. Genevieve to four representatives; the county of Cape Girardeau to four representatives; the county of New Madrid to two representatives; the county of Madison to one representative; the county of Wayne to one representative; and that part of the county of Lawrence situated within this state shall attach to, and form part of, the county of Wayne, until otherwise pro- vided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached; 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 third section of the third article thereof, shall be eligible to the house of representatives, any thing in this constitution to the contrary notwithstanding.

Section 8. For the first election of senators, the state shall be divided into districts, and the apportionment shall be as follows; that is to say: the counties of Howard and Cooper shall compose one district, and elect four senators; the counties of Montgomery and Franklin shall compose one district, and elect one senator; the county of St. Charles shall compose one district, and elect one senator; the counties of Lincoln and Pike shall compose one district, and elect one senator; the county of St. Louis shall compose one district, and elect two senators; the 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 Girardeau 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.

Section 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 clerk 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 adoption 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.

Section 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 be received on the third Monday of September next. As soon as the general assembly shall be 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 duty 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 assembly shall determine the election in the manner herein- before provided; and the returns of the election for member of Congress shall be made to the secretary of state within thirty days after the day of election.

Section 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.

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

Done by the representatives of the people of Missouri, in convention assembled, at the town of St. Louis on the 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.

David Barton, President of the Convention, and Representative from the County of St. Louis

From the County of Cape Girardeau:

Stephen Byrd
Joseph M'Ferron
Alexander Bucknor
Richard S. Thomas
James Evans

From the County of Cooper:

Robert P. Clark
Robert Wallace
William Sillard

From the County of Franklin: John G. Heath

From the County of Howard:

Nicholas S. Burckhartt
Benjamin H. Reeves
Jonathan Smith Findlay
John Ray
Duff Green

From the County of Jefferson: S. Hammond

From the County of Lincoln: Malcolm Henry

From the County of Montgomery:

Jonathan Ramsay
James Talbott

From the County of Madison: Nathaniel Cook

From the County of New Madrid:

Robert D. Dawson
Christo. G. Houts

From the County of Pike: Stephen Cleaver

From the County of St. Charles:

Hiram H. Baber
Benjamin Emmons
Nathan Boone

From the County of St. Genevieve:

R. T. Brown
H. Dodge
John D. Cook
John Scott

From the County of St. Louis:

Wm. Rector
Pr. Chouteau, jun.
Thos. F. Riddick
Edw. Bates
A. M'Nair
Bernd. Pratte
John C. Sullivan

From the County of Washington:

John Rice Jones
John Hutchings
Samuel Perry

From the County of Wayne: Elijah Bettis

Attest: William G. Pettus, Secretary of the Convention


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