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 ascertaining the election of the representatives in such classes. filled. SECT. 6. Whenever the seat of a member shall be vacated by Vacancies to be death, resignation, or otherwise the vacancy may be filled by a new election. choose its offi cers. SECT. 7. The house of representatives shall choose their speaker, House to clerk and other officers. SECT. 8. The house of representatives shall have the sole power Power of imof impeachment. ARTICLE IV.-PART SECOND. Senate. peachment. sist of not less 7 Greenl. 489. tricted once in SECT. 1. The senate shall consist of not less than twenty, nor Senate to conmore than thirty one members, elected at the same time, and for than 20, nor the same term, as the representatives, by the qualified electors of more than 31. the districts, into which the state shall from time to time be divided. SECT. 2. The legislature, which shall be first convened under State to be disthis constitution, shall, on or before the fifteenth day of August in ten years. 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 sena SECT. 3. The meetings for the election of senators shall be Meetings for notified, held and regulated, and the votes received, sorted, counted, tors. declared and recorded, in the same manner as those for representatives. And fair copies of the list 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 Electors in un- the first Wednesday of January. All other qualified electors, living incorporated in places unincorporated, who shall be assessed to the support of the 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. places. Votes to be ex governor and council. SECT. 4. The governor and council shall, as soon as may be, amined by the examine the returned copies of such lists, and, twenty days before the said first Wednesday of January, issue a 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 cide as to the members. Vacancies how supplied. SECT. 5. The senate shall, on the said first Wednesday of Janelection of its uary, annually, determine who are elected by a majority of votes to be senators in each district; and in case the full 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 ballot the number of senators required; and in this manner all vacancies in the senate shall be supplied as soon as may be, after such vacancies happen. 6 Greenl. 514. 7 Greenl. 489. Qualifications of senators. Senate to try impeachments. SECT. 6. The senators shall be twenty five years of age at the commencement of the term, for which they are elected, and in all other respects their qualifications shall be the same, as those of the representatives. SECT. 7. The senate shall have full power to try all impeachments, and when sitting for that purpose shall be on 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 Party liable to state. But the party, whether convicted or acquitted, shall neverbe tried and theless be liable to indictment, trial, judgment and punishment punished. Senate to according to law. SECT. 8. The senate shall choose their president, secretary choose its offi- and other officers. cers. ARTICLE IV.-PART THIRD. Legislative power. Its powers. SECT. 1. The legislature shall convene on the first Wednesday Legislature to of January annually, and shall have full power to make and estab- meet annually. lish all reasonable laws and regulations for the defence and benefit 6 Greenl. 412. of the people of this state, not repugnant to this constitution, nor to that of the United States. to 9 Greenl. 51. Acts to be signed by the gov ernor. case he disap prove. SECT. 2. Every bill or resolution, having the force of law, 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 Proceedings in which it shall have originated, 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 respectively. If the bill or resolution shall not be returned by the governor within five days (Sundays excepted) Bills to be reafter it shall have been presented to him, it shall have the same in five days. 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. turned by him tions. Majori SECT. 3. Each house shall be the judge of the elections and Each house to qualifications of its own members, and a majority shall constitute a judge of cleequorum to do business; but a smaller number may adjourn from ty a quorum. day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house shall provide. SECT. 4. Each house may determine the rules of its proceed- May punish and ings, punish its members for disorderly behavior, and, with the con- expel members. currence of two thirds, expel a member, but not a second time for the same cause. nal. SECT. 5. Each house shall keep a journal, and from time to To keep a jourtime publish its proceedings, except such parts as in their judgment may require secrecy; and the yeas and nays of the members of Yeas and nays. either house on any question, shail, at the desire of one fifth of those present, be entered on the journals. May punish for contempt. Compensation of members. SECT. 6. Each house, during its session, may punish by imprisonment, any person not a member, for disrespectful or disorderly behavior 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. SECT. 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 Travelling ex- 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. penses. Members ex rest. SECT. 8. The senators and representatives shall, in all cases empted from ar- 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 Freedom of de- for any thing spoken in debate in either house, in any court or place elsewhere. bate. Either house bills. SECT. 9. Bills, orders or resolutions, may originate in either may originate 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 color of amendment introduce any new matter, which does not relate to raising a revenue. Exceptions; money bills. Members not to be appointed to certain offices. 3 Greenl. 481. Proviso. Persons disqualified to be members. Adjournments. SECT. 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 prohibition shall not extend to the members of the first legisla ture. SECT. 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. SECT. 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. SECT. 1. The supreme executive power of this state shall be Governor. vested in a governor. SECT. 2. The governor shall be elected by the qualified electors, Elected for one and shall hold his office one year from the first Wednesday of Jan uary in each year. year. turned to secretary of state. SECT. 3. The meetings for election of governor shall be notified, Meetings for choice of govheld and regulated, and votes shall be received, sorted, counted, ernor. declared and recorded, in the same manner as those for senators and representatives. They shall be sealed and returned into the secre- Votes to be retary'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 Provision in 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. case there is no choice. of governor. SECT. 4. The governor shall, at the commencement of his term, Qualifications 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. tions. SECT. 5. No person holding any office or place under the United DisqualificaStates, this state, or any other power, shall exercise the office of governor. SECT. 6. The governor shall, at stated times, receive for his Compensation services a compensation, which shall not be increased or diminished during his continuance in office. chief of the mi SECT. 7. He shall be commander in chief of the army and Commander-innavy of the state, and of the militia, except when called into the litia. actual service of the United States; but he shall not march nor Not to march 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. the militia out of the state. the council to SECT. 8. He shall nominate, and, with the advice and consent With advice of of the council, appoint all judicial officers, the attorney general, the appoint officers. |