Gambar halaman

of the General Assembly shall be required to every bill appropriating the public money or property for local or private purposes.

15. The General Assembly shall, from time to time, provide for making new valuations of property, for the assessment of taxes, in such manner as they may deem best. A new estimate of such property shall be taken before the first direct State tax, after the adoption of this Constitution, shall be assessed.

16. The General Assembly may provide by law for the continuance in office of any officers of annual election or appointment, until other persons are qualified to take their places.

17. Hereafter, when any bill shall be presented to either house of the General Assembly, to create a corporation for any other than for religious, literary, or charitable purposes, or for a military, or fire company, it shall be continued until another election of members of the General Assembly shall have taken place, and such public notice of the pendency thereof shall be given as may be required by law.

18. It shall be the duty of the two houses upon the request of either, to join in grand committee for the purpose of electing Senators in Congress, at such times and in such manner as may be prescribed by law for said elections.

ARTICLE V.-Of the House of Representatives. Sec. 1. The House of Representatives shall never exceed seventytwo members, and shall be constituted on the basis of population, always allowing one representative for a fraction exceeding half the ratio; but each town or city shall always be entitled to at least one member; and no town or city shall have more than one-sixth of the whole number of members to which the House is hereby limited. The present ratio shall be one representative to every fifteen hundred and thirty inhabitants, and the General Assembly may, after any new census taken by the authority of the United States, or of this State, re-apportion the representation by altering the ratio; but no town or city shall be divided into districts for the choice of representatives.

2. The House of Representatives shall have authority to elect its speaker, clerks, and other officers. The senior member from the town of Newport, if any be present, shall preside in the organization of the House.

ARTICLE VI.- Of the Senate. Sec. 1. The Senate shall consist of the Lieutenant-Governor, and of one Senator from each town or city in the State.

2. The Governor, and, in his absence, the Lieutenant-Governor, shall preside in the Senate and in grand committee. The presiding officer of the Senate and grand committee shall have a right to vote in case of equal division, but not otherwise.

3. If, by reason of death, resignation, absence, or other cause, there be no Governor or Lieutenant-Governor present, to preside in the Senate, the Senate shall elect one of their own members to preside during such absence or vacancy; and until such election is made by the Senate, the Secretary of State shall preside.

4. The Secretary of State shall, by virtue of his office, be Secretary of the Senate, unless otherwise provided by law; and the Senate may elect such other officers as they may deem necessary.

ARTICLE VII.—Of the Executive Power. Sec. 1. The chief executive power of this State shall be vested in a Governor, who, together with a Lieutenant-Governor, shall be annually elected by the people.

2. The Governor shall take care that the laws be faitlıfully executed.

3. IIe shall be captain-general and commander-in-chief of the military and naval forces of this State, except when they shall be called into the service of the United States.

4. He shall have power to grant reprieves after conviction, in all cases except those of impeachment, until the end of the next session of the General Assembly:

5. He may fill vacancies in office not otherwise provided for by this Constitution or by law, until the same shall be filled by the General Assembly, or by the people.

6. In case of disagreement between the two houses of the General Assembly, respecting the time or place of adjournment, certified to him by either, he may adjourn them to such time and place as he shall think proper; provided that the time of adjournment shall not be extended beyond the day of the next stated session.

7. He may, on extraordinary occasions, convene the General Asscmbly at any town or city in this State, at any time not provided for by law; and in case of danger from the prevalence of epidemic or contagious disease, in the place in which the General Assembly are by law to meet, or to which they may have been adjourned; or for other urgent reasons, he may, by proclamation, convene said Assembly, at any other place within this State.

8. All commissions shall be in the name and by authority of the State of Rhode Island and Providence Plantations; shall be sealed with the State seal, signed by the Governor and attested by the Secretary

9. In case of vacancy in the office of Governor, or of his inability to serve, impeachment, or absence from the State, the LieutenantGovernor shall fill the office of Governor and exercise the powers and authority appertaining thereto, until a Governor is qualified to act, or until the office is filled at the next annual election.

10. If the offices of Governor and Lieutenant-Governor be both vacant by reason of death, resignation, impeachment, absence, or otherwise, the person entitled to preside over the Senate for the time being, shall in like manner fill the office of Governor during such absence or vacancy.

11. The compensation of the Governor and Lieutenant-Governor shall be established by law, and shall not be diminished during the term for which they are elected.

12. The duties and powers of the Secretary, Attorney-General, and General Treasurer, shall be the same under this Constitution as are now established, or as from time to time may be prescribed

by law.

ARTICI. VIII.-Of Elections. Sec. 1. The Governor, Lieutenant-Governor, senators, representatives, Secretary of State, Attorney-General, and General Treasurer, shall be elected at the town, city, or ward meetings, to be holden on the first Wednesday of April annually; and shall severally hold their offices for one year, from the first Tuesday of May next, succeeding, and until others are legally chosen, and duly qualified to fill their places. If elected or qualified after the said first Tuesday of May, they shall hold their offices for the remainder of the political year, and until their successors are qualified to act.

2. The voting for Governor, Lieutenant-Governor, Secretary of State, Attorney-General, General Treasurer, and representatives to Congress, shall be by ballot; senators and representatives to the General Assembly, and town or city officers, shall be chosen by ballot on demand of any seven persons entitled to vote for the same; and in all cases where an election is made by ballot or paper vote, the manner of balloting shall be the same as is now required in voting for general officers, until otherwise prescribed by law,

3. The names of the persons voted for as Governor, LieutenantGovernor, Secretary of State, Attorney-General, and General Treasurer, shall be placed upon one ticket, and all votes for these officers sball, in open town or ward meetings, be sealed up by the moderators and town clerks and by the wardens and and ward clerks, who shall certify the same and deliver or send them to the Secretary of State; whose duty it shall be securely to keep and deliver the same to the grand committee, after the organization of the two houses at the annual May session; and it shall be the duty of the two houses, at said session after their organization, upon the request of either house, to join in grand committee, for the purpose of counting and declaring said votes, and of electing other officers.

4. The town and ward clerks shall also keep a correct list or register, of all persons voting for general officers, and shall transmit a copy thereof to the General Assembly, on or before the first day of said May session.

5. The ballots for senators and representatives in the several towns, shall in each case after the polls are declared to be closed, be counted by the moderator, who shall announce the result, and the clerk shall give certificates to the persons elected. If, in any case, there be no election, the polls may be re-opened, and the like proceedings shall be had until an election shall take place: Provided,

however, that an adjournment or adjournments of the election may be made to a time not exceeding seven days from the first meeting.

6. In the city of Providence, the polls for senator and representatives shall be kept open during the whole time of voting for the day, and the votes in the several wards shall be sealed up at the close of the meeting by the wardens and ward clerks in open ward meeting, and afterwards delivered to the city clerk.

The Mayor and Aldermen shall proceed to count aid votes within two days from the day of election; and if no election of senator and representatives, or if an election of only a portion of the representatives shall have taken place, the Mayor and Aldermen shall order a new election, to be held not more than ten days from the day of the first election, and so on until the election shall be completed. Certificates of election shall be furnished by the city clerk to the persons chosen.

7. If no person shall have a majority of votes for Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office, except when such a result is produced by rejecting the entire vote of any town, or city, or ward, for informality or illegality, in which case a new election by the electors throughout the State shall be ordered : and in case no person shall have a majority of votes for Lieutenant-Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office.

8. In case an election of the Secretary of State, Attorney-General, or General Treasurer, should fail to be made by the electors at the annual election, the vacancy or vacancies shall be filled by the General Assembly in grand committee, from the two candidates for such office having the greatest number of the votes of the electors. Or in case of a vacancy in either of said offices from other causes, between the sessions of the General Assembly, the Governor shall appoint some person to fill the same until a successor elected by the General Assembly is qualified to act; and in such case, and also, in all other cases of vacancies, not otherwise provided for, the General Assembly may fill the same in any manner they may deem proper.

9. Vacancies from any cause in the Senate or House of Representatives may be filled up by a new election.

10. In all elections held by the people, under this Constitution, a majority of all the electors voting shall be necessary to the election of the persons voted for.

ARTICLE IX. — Of Qualifications for Office. Sec. 1. No person shall be eligible to any civil office, (except the office of school committee,) unless he be a qualified elector for such office.

2. Every person shall be disqualified from holding any office to which he may have been elected, if he be convicted of having offer

[ocr errors]

ed or procured any other person to offer, any bribe to secure his election, or the election of any other person.

3. All general officers shall take the following engagement before they act in their respective offices, to wit: You

being by the free vote of the electors of this State of Rhode Island and Providence Plantations, elected unto the place of

do solemnly swear (or affirm) to be true and faithful unto this State, and to support the Constitution of this State, and of the United States; that you will faithfully and impartially discharge all the duties of your aforesaid office to the best of your abilities, according to law; So help you God. Or, this affirmation you make, and give upon the peril of the penalty of perjury.

4. The members of the General Assembly, the judges of all the courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this Constitution, and the Constitution of the United States.

5. The oath, or affirmation, shall be administered to the Governor, Lieutenant-Governor, senators and representatives, by the Secretary of State, or, in his absence, by the Attorney-General. The Secretary of State, Attorney General, and General Treasurer, shall be engaged by the Governor, or by a justice of the Supreme Court.

6. No person holding any office under the government of the United States, or of any other State or country, shall act as a general officer, or as a member of the General-Assembly, unless at the time of taking his engagement, he shall have resigned his office under such government; and if any general officer, senator, representative, or judge shall, after his election and engagement, accept any appointment under any other government, his office under this shall be immediately vacated; But this restriction shall not apply to any person appointed to take depositions or acknowledgments of deeds, or other legal instruments, by the authority of any other State or country.

ARTICLE X.— Of the Judicial Power. SEC. 1. The judicial power of this State shall be vested in one Supreme Court, and in such inferior courts as the General Assembly may, from time to time, ordain and establish.

2. The several courts shall have such jurisdiction as may from time to time be prescribed by law. Chancery powers may be conferred on the Supreme Court, but on no other court to any greater extent than is now provided by law.

3. The judges of the Supreme Court shall, in all trials, instruct the jury in the law. They shall also give their written opinion upon any question of law, whenever requested by the Governor, or by either house of the General Assembly.

4. The judges of the Supreme Court shall be elected by the two houses in grand committee. Each judge shall hold his office until his place be declared vacant by a resolution of the General Assem

« SebelumnyaLanjutkan »