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approved by two thirds of that house, it shall have the same effect as if it has 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, respectively. 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.
3. Each house shall be the judge of the elections and qualifications of its own members, and a majority 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 shall provide.
4. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the con. currence of two-thirds, expel a member, but not a second time for the same cause.
5. Each house shall keep a journal, and, from time to time, publish its proceedings, except such parts as, in their judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journals.
6. Each house, during its session, may punish, by 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: Provided, that no imprisonment shall extend beyond the period of the same session.
7. The senators and representatives shall receive such compensation as shall be established by law; but no 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 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.
3. The senators and representatives, shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from, each session of the legislature, and no member shall be liable to answer for any thing spoken in debate in either house in any court or place elsewhere.
9. Bills, orders, or resolutions, may originate in either house, and may be altered, amended, or rejected, in the other; but all bills for raising a revenue shall originate in the house of representatives, but the senate may propose amendments as in other cases: provided, that they shall not, under colour of amendment, introduce any new matter, which does not relate to raising a revenue.
10. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have 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 probibition shall not extend to the members of the first legislature.
11. No member of congress, nor person holding any office under the United States, (post officers excepted) 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,
12. Neither house sball, 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 5.-PART FIRST.
Executive power. § 1. The supreme executive power of this state shall be vested in a governor.
2. The governor shall be elected by the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year.
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 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, they shall declare and publish the same. But, if no person 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 list, 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.
4. The governor shall, at the commencement of his 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.
5. No person holding any office or place under the United States, this state, or any other power, shall exercise the office of governor.
7. The governor shall, at stated times, receive for his services a compensation, which shall not be increased or diminished during his continuance in office.
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 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.
8. He shall nominate, and, with the advice and consent 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.
9. He shall, from time to time, give the legislature information of the condition of the state, and recommend to their consideration such measures as he may judge expedient.
10. He may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices.
11. He shall have power, with the advice and consent of the council, to remit, after conviction, all forfeitures and penalties, and to grant reprieves and pardons, except in cases of impeachment.
12. He shall take care that the laws be faithfully executed.
13. He may, on extraordinary occasions, convene the legislature; and, in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond ihe day of the next annual meeting; and if, since their last arljournment, the place where the legislature were next to convene shall have become dangerous from an enemy, or contagious sickness, may direct the session to be held at some other convenient place within the state.
14. Whenever the office of governor shall become vacant by death, resignation, removal from office, or otherwise, the president of the senate shall exercise the office of governor until another governor shall be duly qualified; and, in case of the death, resignation, removal from office, or other disqualification, of the president of the senate, so exercising the office of governor, the speaker of the house of representatives shall exercise the office, until a president of the senate shall have been chosen; and when the office of governor, president of the senate, and speaker of the house, shall become vacant, in the recess of the senate, the person acting as secretary of state for the time being shall, by proclamation, convene the senate, that a president may be chosen to exercise the office of governor. And whenever either the president of the senate or speaker of the house, shall so exercise said office, he shall receive only the compensation of governor, but his duties as president or speaker shall be suspended; and the senate or house shall fill the vacancy, until his duties as governor shall cease.
ARTICLE 5.–PART SECOND.
Council. $. 1. There shall be a council, to consist of seven persons, citizens of the United States, and resident of this state, to ad. vise the governor in the executive part of government, whom the governor shall have full power, at his discretion, to assemble; and he, with the counsellors, or a majority of them, may, from time to time, hold and keep a council, for ordering and directing the affairs of state according to law.
2. The counsellors shall be chosen annually, on the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies, which shall afterwards happen, shall be filled in the same manner; but not more than one counsellor shall be elected from any district prescribel for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives.
3. The resolutions and advice of council shall be recorded in a register, and signed by the members agreeing thereto, which may be called for by either house of the legislature; and any counsellor may enter his dissent to the resolution of the majority.
4. No member of congress, or of the legislature of this state, nor any person holding any office under the United States, (post officers excepted,) nor any civil officers under this state, (justices of the peace and notaries public excepted,) shall be counsellors. And no counsellor shall be appointed to any office during the time for which he shall have been elected.
ARTICLE 5.-PART THIRD.
Secretary. § 1. The secretary of state shall be chosen annually, at the
first session of the legislature, by joint ballot of the senators and representatives in convention.
2. The records of the state shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable.
3. He shall attend the governor and council, senate and house of representatives, in person, or by his deputies, as they shall respectively require.
4. He shall carefully keep and preserve the records of all the official acts and proceedings of the governor and council, senate and house of representatives, and, when required, lay the same before either branch of the legislature, and perform such other duties as are enjoined by this constitution, or shall be required by law.
ARTICLE 5.—PART FOURTH,
Treasurer. $1. The treasurer shall be chosen annually, at the first session of the legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than five years successively.
2. The treasurer shall, before entering on the duties of his office, give bond to the state, with sureties, to the satisfaction of the legislature, for the faithful discharge of his trust.
3. The treasurer shall not, during his continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader.
4. No money shall be drawn from the treasury, but by warrant from the governor and council, and in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at the commencement of the annual session of the legislature,
Judicial Power. $ 1. The judicial power of this state shall be rested in a supreme judicial court, and such other courts as the legislature shall, from time to time, establish.
2. The justices of the supreme judicial court shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no other fee or reward.....
3. They shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the governor, council, senate, or house of representatives.
4. All judicial officers, except justices of the peace, shall