ARTICLE III-Of the Legislative Power.

SEC. 1. The legislative power shall be vested in a "General Assembly," which shall consist of a Senate and House of Representatives.

2. The House of Representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties, apportioned in the following manner, to wit: The ratio of representation shall be ascertained at each apportioning session of the Legislature, by dividing the whole number of permanent free white inhabitants of the State by the number one hundred. Each county having three-fifths of said ratio shall be entitled to one representative; each county having said ratio and a fraction over, equal to two-thirds, shall be entitled to two representatives; each county having twice said ratio, and a fraction over, equal to twothirds, shall be entitled to three representatives; each county having four times said ratio shall be entitled to four representatives; and so on above that number, giving one additional member for each additional ratio. And when any county, entitled to more than two representatives, shall have a town or city therein, with the full amount of said ratio, such town or city shall be entitled to a separate representation from the county provided the residue of the county shall amount to the ratio; and in such case, a town or city shall be divided into as many separate districts as the number of members apportioned to such town or city, containing as near as may be an equal number of permanent free white inhabitants, which division shall be made by the tribunal transacting county business in the county, as soon after each apportionment as is practicable, and shall not be changed until after the succeeding apportionment; each of which districts shall elect one representative: provided, however, that when any county having less than three-fifths of said ratio, shall not be contiguous to any other county with less than three-fifths thereof, such county shall nevertheless be entitled to one representative; and in all other cases of small counties having less than three-fifths, they shall be formed into districts, containing two-thirds of said ratio, and shall be entitled to one member for the same.

3. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-four years, who shall not be a free white male citizen of the United States, who shall not have been an inhabitant of this State two years, and of the county or district which he represents one year next before his election, if such county or district shall have been so long established; but if not, then of the county or counties, district or districts, from which the same shall have been taken, and who shall not moreover have paid a State or county tax, within one year next preceding his election.

4. The General Assembly, at their first session after the adoption of this Constitution, shall cause an enumeration of the permanent

free white inhabitants of this State to be made, and at the first session after the enumeration shall apportion the number of representatives among the several counties as directed by the second section of this article. And every fourth year thereafter they shall cause a like enumeration to be made, and shall apportion the representatives among the several counties according to the same section, except that two-thirds of the ratio shall be required, instead of three-fifths, to entitle a county to one member.

5. The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years, who shall not be a free white male citizen of the United States, who shall not have been an inhabitant of this State four years next preceding his election, and of the district which he may be chosen to represent one year next before his election, if such district shall have been so long established. but if not, then of the district or districts from which the same shall have been taken, and who shall not moreover have paid a State or county tax within one year next preceding his election.

6. The Senate shall consist of not less than twenty-five nor more than thirty-three members, for the election of whom the State shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require; and the senators shall be apportioned among the several districts according to the number of permanent free white inhabitants in each provided, that when a senatorial district shall be composed of two or more counties, the counties of which such district consists, shall not be entirely separated by any county belonging to another district, nor shall said district, so composed of two or more counties, be entitled to more than one senator; and no county shall be divided in forming such a district, except a county whose populalation shall entitle it to two or more senators, in which case said county shall be divided by the tribunal transacting county business as soon after each apportionment as is practicable, into as many districts as it may be entitled to senators, which districts shall not be changed until after the succeeding apportionment, each of which districts shall contain as near as may be an equal number of permanent free white inhabitants, and elect one senator; and any person otherwise qualified, who has lived in such senatorial district one month, shall be entitled to vote in the same, and until he shall acquire the right to vote in such district, he shall be entitled to vote in the district from which he removed.

7. At the first session of the General Assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year, so that one half of the senators shall be chosen every second year.

8. After the first day of January one thousand eight hundred and forty-eight, all general elections shall commence on the first

Monday in August, and shall be held biennially, and the electors in all cases except of treason, felony, or breach of peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

9. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the General Assembly.

10. Every free white male citizen of the United States, who may have attained the age of twenty-one years, and who shall have resided in this State one year before an election, the last three months whereof shall have been in the county or district in which he offers. to vote, shall be deemed a qualified elector of all elective officers; where a county shall be districted, any person who is otherwise qualified and shall have resided in a representative district for one month, shall have a right to vote in such district; and until he acquires a right to vote in the district to which he has removed, he shall have the right to vote in the district from which he removed: provided, that no soldier, seaman, or mariner, in the regular army or navy of the United States, shall be entitled to vote at any election in this State. No person who has been convicted of any felonious or infamous crime in any foreign country, or any State of this Union, or who has become a fugitive from justice from such country or State, on account of the commission of such crime, shall be permitted to vote in this State. This disqualification shall not extend to any offence of a political nature, nor to any offence which would not be considered feLonious or infamous in this State.

11. No judge of any court of law or equity, Secretary of State, Attorney-General, State auditor, State or county treasurer, register, or recorder, clerk of any court of record, sheriff, coroner, member of Congress, or other person holding any lucrative office under the United States or of this State, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the General Assembly.

12. No person who now is, or hereafter may be, a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the General Assembly, nor to any office of profit or trust, unless he shall, prior to his election or appointment, have accounted for and paid all sums for which he may be accountable.

13. No person, while he continues to exercise the functions of a bishop, priest, or clergyman or teacher of any religious persuasion, denomination, society, or sect whatever, shall be eligible to the office of Governor, Lieutenant-Governor, or to either house of the General Assembly, nor to the office of judge in any court of record.

14. The General Assembly shall have power to exclude from every office of honor, trust or profit, within this State, and from the right of suffrage, all persons convicted of bribery or other infamous crime. 15. Every person who shall directly or indirectly give, or offer any bribe to procure his election or appointment to any office, or

the election or appointment of any other person, shall, on conviction, be disqualified for an elector, and for any office of honor, profit or

trust under this State.

16. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State, during said term, except such offices as shall be filled by elections by the people.

17. The General Assembly shall have power to pass laws regulating proceedings in cases of contested elections of senators and representatives. Each house shall appoint its own officers, and shall judge of the qualifications, elections and returns of its own members. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.

18. Each house may determine the rules of its proceedings, pun ish its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel any member, but no member shall be expelled a second time for the same cause. They shall each, from time to time, publish a journal of their proceedings, except such parts as may in their opinion require secrecy; and the yeas and nays on any question shall be entered on the journal at the desire of any five members.

19. The doors of each house, and of committees of the whole, shall be kept open, except in cases which may require secrecy, and each house may punish by fine or imprisonment, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence, during their session: Provided, that such fine shall not exceed three hundred dollars, and such imprisonment shall not exceed forty-eight hours for one offence. 20. Neither house shall without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting.

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21. Bills may originate in either house, and may be altered, amended or rejected by the other, except bills for raising revenue, which shall originate only in the House of Representatives: and every bill shall be read on three different days in each house, unless two-thirds of the house where the same is depending, shall dispense with this rule. And every bill having passed both houses, shall be signed by the speaker of the House of Representatives, and by the president of the Senate.

22. When any officer, civil or military, shall be appointed by a joint or concurrent vote of both houses, or by the separate vote of either house of the General Assembly, the votes shall be publicly given viva voce and entered on the journals; the whole list of members shall be called, and the names of absentees shall be noted and published with the journals.

23. The senators and representatives, in all cases, except of treas

on, felony or breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session, and for any speech or debate in either house, they shall not be questioned in any other place.

24. The members of the General Assembly shall severally receive from the public treasury a compensation for their services, which may from time to time be increased or diminished by law: but no alteration, increasing or tending to increase the compensation of members, shall take effect during the session at which such alteration shall be made; and no session shall continue longer than sixty days.

25. The General Assembly shall direct by law, First, In what manner and in what courts suits may be brought against the State; Second, The cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacity, and the amount of such deductions.

26. The General Assembly shall have no power to pass laws, First, For the emancipation of slaves without the consent of their owners, and without paying them, before such emancipation, a full equivalent for such slaves so emancipated, and removing such slaves so emancipated out of this State; Second, To prevent bona fide immigrants to this State, or actual settlers therein, from bringing from any of the United States or from their territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this State.

27. The General Assembly shall have power to pass laws, First, To prohibit the introduction into this State of any slaves who may have committed any high crime in any other State or Territory. Second, To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandize. Third, To prohibit the introduction into this State of any slave, or the offspring of any slave, who, heretofore, may have been, or who, hereafter, may be imported from any foreign country into the United States or any territory thereof, in contravention of any existing statute of the United States; and Fourth, To permit the owners of slaves to emancipate them (saving the rights of creditors), where the persons so emancipating will give security that the slaves so emancipated shall be forthwith removed out of the State.

28. It shall be the duty of the General Assembly, as soon as may be, to pass such laws as may be necessary, First, To prevent free negroes and mulattoes from coming to and settling in this State, under any pretext whatever: provided, that nothing in this Constitution shall be construed to conflict with the provisions of the first clause of the second section of the fourth article of the Constitution of the United States. Second, To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them, extending to life or limb."