Vacancies to be elections. and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this Constitution. And the selectmen of such towns, and the assessors of such plantations, so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town, or plantation, in such class, and the copies of said lists shall be then examined and compared ; and in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election; and the clerks of towns and plantations respectively shall seal up copies of all such lists and cause them to be delivered into the Secretary's office twenty days at least before the first Wednesday in January annually; but in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be had at every future meeting until an election shall have been effected: Provided, That the Legislature may by law prescribe a different mode of returning, examining and ascer taining the election of the representatives in such classes. SEC. 6. Whenever the seat of a member shall be vacat filled by new ed by death, resignation, or otherwise the vacancy may be filled by a new election. House to choose SEC. 7. The House of Representatives shall choose their speaker, &c. Speaker, Clerk and other officers. To have the power of impeachment. Senate to con sist of not less SEC. 8. The House of Representatives shall have the sole power of impeachment. ARTICLE IV.-PART SECOND. SEC. 1. The Senate shall consist of not less than twenty, than 20 nor nor more than thirty-one members, elected at the same time more than 31. and for the same term, as the representatives, by the qualified electors of the districts, into which the State shall from time to time be divided. State to be dis- SEC. 2. The Legislature, which shall be first convened at under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the Legislature at every subsequent period of ten years, cause the State to be divided into districts for the choice of Senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of Senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall amount to thirty-one, according to the increase in the House of Representatives. choice of Seng SEC. 3. The meetings for the election of Senators shall be Meetings for notified, held and regulated, and the votes received, sorted, tors regulated. counted, declared and recorded, in the same manner as those for Representatives. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the Secretary's office thirty days at least before the first Wednesday of January. All other qualified electors living Electors in urin places unincorporated, who shall be assessed to the sup- plantations. port of government by the assessors of an adjacent town, shall have the privilege of voting for Senators, Representatives and Governor in such town; and shall be notified by the selectmen thereof for that purpose accordingly. incorporated SEC. 4. The Governor and Council shall, as soon as may votes to be exbe, examine the returned copies of such lists, and, twenty amined by the days before the said first Wednesday of January, issue a council. summons to such persons, as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. Senate to de SEC. 5. The Senate shall, on the said first Wednesday of January, annually, determine who are elected by a majority termine on of votes to be Senators in each district; and in case the full elections. number of Senators to be elected from each district shall not have been so elected, the members of the House of Representatives and such Senators, as shall have been elected, shall, from the highest numbers of the persons voted for, on said lists, equal to twice the number of Senators deficient, in every district, if there be so many voted for, elect by joint vacancies how ballot the number of Senators required; and in this manner supplied. all vacancies in the Senate shall be supplied, as soon as may be, after such vacancies happen. SEC. 6. The Senators shall be twenty-five years of age Qualification of at the commencement of the term, for which they are elect- Senators. ed, and in all other respects their qualifications shall be the same as those of the Representatives. SEC. 7. The Senate shall have the sole power to try all Senate to try impeachments, and when sitting for that purpose shall be on impeachments. oath or affirmation, and no person shall be convicted without the concurrence of two thirds of the members present.Their Judgment, however, shall not extend farther than to removal from office, and disqualification to hold or enjoy any office of honor, trust or profit, under this State. But the party, whether convicted or acquitted, shall nevertheless be be tried and liable to indictment, trial, judgment and punishment, accord- punished after. ing to law. SEC. 8. The Senate shall choose their President, Secre- To choose a tary and other officers. Party liable to President, &c. meet annually. ARTICLE IV.-PART THIRD. LEISLATIVE POWER. Legislature to SEC. 1. The Legislature shall convene on the first Wednesday of January annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States. Governor to sign their acts. If he disap ease. SEC. 2. Every bill or resolution, having the force of law, to which the concurrence of both Houses may be necessary, except on a question of adjournment, which shall have passed both Houses, shall be presented to the Governor, and if he approve, he shall sign it; if not, he shall return it with his objections to the House, in which it shall have originatprve proceeded, which shall enter the objections at large on its journals, and proceed to reconsider it. If, after such reconsideration two thirds of that House shall agree to pass it, it shall be sent, together with the objections, to the other House, by which it shall be reconsidered, and, if approved by two thirds of that House it shall have the same effect, as if it had been signed by the Governor: but in all such cases, the votes of both Houses shall be taken by yeas and nays, and the names of the persons, voting for and against the bill or resolution, shall be entered on the journals of both Houses reTo return the spectively. If the bill or resolution shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect, as if he had signed it, unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting. bill in five days. Each House to tions, &c.; ma rum. SEC. 3. Each House shall be the judge of the elections judge of lee and qualifications of its own members, and a majority shall jority a que 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 shall provide. May punish and expel SEC. 4. Each House may determine the rules of its promembers, &c. ceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member, but not a second time for the same cause. To keep a journal. SEC. 5. Each House shall keep a journal, and from time to time publish its proccedings, except such parts as in their judgment may require secrecy: and the yeas and nays of Yeas and ways the members of either House on any question, shall, at the desire of one fifth of those present, be entered on the journals. SEC. 6. Each House, during its session, may punish by for contempt imprisonment any person, not a member, for disrespectful or disorderly behaviour in its presence, for obstructing any of its proceedings, threatening, assaulting or abusing any of its members for any thing said, done, or doing in either House: May punish Provided, that no imprisonment shall extend beyond the pe riod of the same session. Travelling ex. SEC. 7. The Senators and Representatives shall receive such compensation, as shall be established by law; but no Compensation. law increasing their compensation shall take effect during the existence of the Legislature, which enacted it. The expenses of the members of the House of Representatives in travelling to the Legislature, and returning therefrom, once in each penses. session and no more, shall be paid by the State out of the public Treasury to every member, who shall seasonably attend, in the judgment of the House, and does not depart therefrom without leave. Members ex SEC. 8. The Senators and Representatives shall, in all cases except treason, felony or breach of the peace, be priv- empted from ileged from arrest during their attendance at, going to, and arrest. returning from each session of the Legislature, and no mem ber shall be liable to answer for any thing spoken in debate Freedom of in either House, in any court or place elsewhere. debate. bills. SEC. 9. Bills, orders or resolutions, may originate in either Either House House, and may be altered, amended or rejected in the other; may originate but all bills for raising a revenue shall originate in the House of Representatives, but the Senate may propose amendments Exceptionsas in other cases: Provided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a revenue. money bills. SEC. 10. No Senator or Representative shall, during the Members not to be appointed term for which he shall have been elected, be appointed to to certain offiany civil office of profit under this State, which shall have ces. been created, or the emoluments of which increased during such term, except such offices as may be filled by elections. by the people: Provided, that this prohibition shall not ex-Proviso. tend to the members of the first Legislature. Persons dis SEC. 11. No member of Congress, nor person holding qualified to be any office under the United States, (post officers excepted) members. nor office of profit under this State, (Justices of the Peace, Notaries Public, Coroners and officers of the militia excepted,) shall have a seat in either House during his being such member of Congress, or his continuing in such office. SEC. 12. Neither House shall during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the Houses shall be sitting. ARTICLE V.-PART FIRST. EXECUTIVE POWER. Adjournments. SEC. 1. The supreme executive power of this State shall Governor. be vested in a Governor. year. SEC. 2. The Governor shall be elected by the qualified Elected for one Electors, and shall hold his office one year from the first Wednesday of January in each year. Meetings for the choice of Governor reg lated. turned to Sec retary of State's office. SEC. 3. The meetings for election of Governor shall be notified, held and regulated, and votes shall be received sorted, counted, declared and recorded, in the same manner as those for Senators and Representatives. They shall be Votes to be re- sealed and returned into the Secretary's office in the same manner, and at the same time, as those for Senators. And the Secretary of State for the time being shall, on the first Wednesday of January, then next, lay the lists before the Senate and House of Representatives to be by them examined, and, in case of a choice by a majority of all the votes returned, If there be no they shall declare and publish the same. But, if no person fon in such case. shall have a majority of votes, the House of Representatives shall, by ballot, from the persons having the four highest numbers of votes on the lists, if so many there be, elect two persons, and make return of their names to the Senate of whom the Senate shall, by ballot, elect one, who shall be declared the Governor. choice, provis. Qualifications SEC. 4. The Governor shall, at the commencement of his of Governor. term, be not less than thirty years of age; a natural born citizen of the United States, have been five years, or from the adoption of this Constitution, a resident of the State; and at the time of his election and during the term for which he is elected, be a resident of said State. Disqualifications. Compensation. Commander in chief of the Militia. SEC. 5. No person holding any office or place under the United States, this State, or any other power, shall exercise the office of Governor. SEC. 6. The Governor shall, at stated times, receive for his services a compensation, which shall not be increased or diminished during his continuance in office. SEC. 7. He shall be commander in chief of the army and navy of the State, and of the Militia except when called into the actual service of the United States; but he shall not march nor convey any of the citizens out of the State without the Militia out their consent, or that of the Legislature, unless it shall become necessary, in order to march or transport them from one part of the State to another for the defence thereof. Not to march of the State. With the advice of Council cers. SEC. 8. He shall nominate, and, with the advice and conto appoint offi- sent of the Council, appoint all judicial officers, the Attorney General, the Sheriffs, Coroners, Registers of Probate, and Notaries Public; and he shall also nominate, and with the advice and consent of the Council, appoint all other civil and military officers whose appointment is not by this Constitution, or shall not by law be otherwise provided for; and every such nomination shall be made seven days at least prior to such appointment. To communi SEC. 9. He shall from time to time give the Legislature cate informa information of the condition of the State, and recommend to their consideration such measures, as he may judge expedi tion to the Legislature. May require information of any officer. ent. SEC. 10. He may require information from any military |