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80 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 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 representa tives in such classes.
6. Whenever the seat of a member shall be vacated, by death, resig nation, or otherwise, the vacancy may be filled by a new election.
7. The house of representatives shall choose their speaker, clerk, and other officers.
8. The house of representatives shall have the sole power of impeachment.
ARTICLE 4.-PART SECOND.
Senate. s 1. The senate shall consist of not less than twenty, nor more than thirty-one members; elected at the same time, 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.
2. The legislature which shall be first convened 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 district 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.
3. The meetings for the election of senators shall be notified, held, and regulated, and the votes received, sorted, 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 in places unincorporated, who shall be assessed to the support 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 the purpose, accordingly.
4. The governor and council shall, as soon as may be, examine 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. - .
5. The senate shall on the said first Wednesday of January, 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 number 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. 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.
7. The senate shall have the sole 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 further than to removal from office, and disqualification to hold or enjoy any office of honour, trust, or profit under this state ; but the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.
8. The senate shall choose their president, secretary, and other offi cers.
ARTICLE 4.-PART THIRD.
Legislative Power. § 1. The legislature shall convene on the first Wednesday of Janu. ary, 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.
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 originated, who 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) 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 concurrence of twothirds, 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 secresy; 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 jour
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.
8. The senators and representatives shall, in all cases, except trea son, 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 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 foi 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 prohibition 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 meinber of congress, or his continuing in such office.
12. Neither house shall, during the session, without the cor.sent 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 shalı 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.
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.
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 sheriff, 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.
li. He shall have power, with the advice and consent of the council to remit, after conviction, all forfeitures and penalties, and 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 the day of the next annual meeting; and if, since their last adjournment, the place where the legislature were next to convene shall have became 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 shal] be duly qualified; and, in case of the death, resignation, removal from office, or other disqualification of the president of the senate, so ex. ercising 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. 81. There shall be a council, to consist of seven persons, citizens of the United States, and residents of this state, to advise the governor in the executive part of the 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 prescribed 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 Gerson 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