Oregon Constitution/Article XVIII

Election to accept or reject Constitution

Article XVIII, section 1

For the purpose of taking the vote of the electors of the State, for the acceptance or rejection of this Constitution, an election shall be held on the second Monday of November, in the year 1857, to be conducted according to existing laws regulating the election of Delegates in Congress, so far as applicable, except as herein otherwise provided.

Questions submitted to voters

Article XVIII, section 2

Each elector who offers to vote upon this Constitution, shall be asked by the judges of election this question:

• Do you vote for the Constitution? Yes, or No.

And also this question:

• Do you vote for Slavery in Oregon? Yes, or No.

And also this question:

• Do you vote for free Negroes in Oregon? Yes, or No.

And in the poll books shall be columns headed respectively.

“Constitution, Yes.” “Constitution, No" “Slavery, Yes." “Slavery, No."

And the names of the electors shall be entered in the poll books, together with their answers to the said questions, under their appropriate heads. The abstracts of the votes transmitted to the Secretary of the Territory, shall be publicly opened, and canvassed by the Governor and Secretary, or by either of them in the absence of the other; and the Governor, or in his absence the Secretary, shall forthwith issue his proclamation, and publish the same in the several newspapers printed in this State, declaring the result of the said election upon each of said questions. [Constitution of 1859; Amendment proposed by S.J.R. 7, 2001, and adopted by the people Nov. 5, 2002]

Majority of votes required to accept or reject Constitution

Article XVIII, section 3

If a majority of all the votes given for, and against the Constitution, shall be given for the Constitution, then this Constitution shall be deemed to be approved, and accepted by the electors of the State, and shall take effect accordingly; and if a majority of such votes shall be given against the Constitution, then this Constitution shall be deemed to be rejected by the electors of the State, and shall be void.–

Vote on certain sections of Constitution

Article XVIII, section 4

If this Constitution shall be accepted by the electors, and a majority of all the votes given for, and against slavery, shall be given for slavery, then the following section shall be added to the Bill of Rights, and shall be part of this Constitution:

“Sec. ___ “Persons lawfully held as slaves in any State, Territory, or District of the United States, under the laws thereof, may be brought into this State, and such Slaves, and their descendants may be held as slaves within this State, and shall not be emancipated without the consent of their owners.”

And if a majority of such votes shall be given against slavery, then the foregoing section shall not, but the following sections shall be added to the Bill of Rights, and shall be a part of this Constitution.

“Sec. ___ There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.” [Constitution of 1859; Amendment proposed by S.J.R. 7, 2001, and adopted by the people Nov. 5, 2002]

Note: See sections 34 and 35 of Article I, Oregon Constitution.

Apportionment of Senators and Representatives

Article XVIII, section 5

Until an enumeration of the inhabitants of the State shall be made, and the senators and representatives apportioned as directed in the Constitution, the County of Marion shall have two senators, and four representatives.

• Linn two senators, and four representatives.
• Lane two senators, and three representatives.
• Clackamas and Wasco, one senator jointly, and Clackamas three representatives, and Wasco one representative.
• Yamhill one senator, and two representatives.
• Polk one senator, and two representatives.
• Benton one senator, and two representatives.
• Multnomah, one senator, and two representatives.
• Washington, Columbia, Clatsop, and Tillamook one senator jointly, and Washington one representative, and Washington and Columbia one representative jointly, and Clatsop and Tillamook one representative jointly.
• Douglas, one senator, and two representatives.
• Jackson one senator, and three representatives.
• Josephine one senator, and one representative.
• Umpqua, Coos and Curry, one senator jointly, and Umpqua one representative, and Coos and Curry one representative jointly. [Constitution of 1859; Amendment proposed by S.J.R. 7, 2001, and adopted by the people Nov. 5, 2002]

Election under Constitution; organization of state

Article XVIII, section 6

If this Constitution shall be ratified, an election shall be held on the first Monday of June 1858, for the election of members of the Legislative Assembly, a Representative in Congress, and State and County officers, and the Legislative Assembly shall convene at the Capital on the first Monday of July 1858, and proceed to elect two senators in Congress, and make such further provision as may be necessary to the complete organization of a State government.–

Former laws continued in force

Article XVIII, section 7

All laws in force in the Territory of Oregon when this Constitution takes effect, and consistent therewith, shall continue in force until altered, or repealed.–

Officers to continue in office

Article XVIII, section 8

All officers of the Territory of Oregon, or under its laws, when this Constitution takes effect, shall continue in office, until superseded by the State authorities.–

Crimes against territory

Article XVIII, section 9

Crimes and misdemeanors committed against the Territory of Oregon shall be punished by the State, as they might have been punished by the Territory, if the change of government had not been made.–

Saving existing rights and liabilities

Article XVIII, section 10

All property and rights of the Territory, and of the several counties, subdivisions, and political bodies corporate, of, or in the Territory, including fines, penalties, forfeitures, debts and claims, of whatsoever nature, and recognizances, obligations, and undertakings to, or for the use of the Territory, or any county, political corporation, office, or otherwise, to or for the public, shall inure to the State, or remain to the county, local division, corporation, officer, or public, as if the change of government had not been made. And private rights shall not be affected by such change.–

Judicial districts

Article XVIII, section 11

Until otherwise provided by law, the judicial districts of the State, shall be constituted as follows:

The counties of Jackson, Josephine, and Douglas, shall constitute the first district. The counties of Umpqua, Coos, Curry, Lane, and Benton, shall constitute the second district.–

The counties of Linn, Marion, Polk, Yamhill and Washington, shall constitute the third district.–

The counties of Clackamas, Multnomah, Wasco, Columbia, Clatsop, and Tillamook, shall constitute the fourth district–and the County of Tillamook shall be attached to the county of Clatsop for judicial purposes.–