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2. Those who are eligible. 3. Election of the same.
Section 2. 1. The Senate shall be composed of
one Senator from each county
in the State. 2. They shall be divided into three
Section 3. 1. The General Assembly elected
Section 4. 1. Vacancies, how Alled. 2. Each house shall be judge of the
elections and qualifications of
its own members. 3. Each house shall choose its own
officers, etc. 4. Each house shall keep a journal. 6. May not adjourn for three days. 6. All bills to be read three times. 7. Pay of members. 8. When members are privileged
Section 7. 1. No divorce shall be granted by
the Legislature. 2. Lotteries Illegal. 3. No bill of attainder or ex post
facto law. 4. Every law shall embrace but one
object. 5. Every law of this state shall
begin in the following style. 6. The fund for the support of free
schools, etc. 7. No private or special law to be
passed. 8. Private property taken for publio
use or just compensation. 9. No private, special or local bills
shall be passed, unless. 10. Foreclosure of mortgages. 11. The Legislature shall not pass
private, local or special laws in any of the following eng
merated cases. 12. Property shall be assessed for
taxes under general laws and by uniform rules.
Section 8. 1. Members of the Legislature to
take the following oath. 2. Oath of office.
Section 5. 1. No member of the Senate or
General Assembly shall be elected to any civil office dur
ing his term. 2. No member of the Senate or
General Assembly shall repre
sent the State at Congress. 3. Other State officers not entitled
to a seat in the Senate or General Assembly.
Section 6. 1. All bills for raising revenue
shall originate in the House of
Assembly. 2. No money shall be drawn from
the treasury but by appropria
tion. 3. The credit of the State shall not
be loaned. 4. The Legislature shall not create
debts or liability, etc.
Executive. 1. The executive power shall be
vested in the Governor. 2. Election of the same. 3. His term of office. 4. Requirements for Governor. 5. Remuneration of the same. 6. He shall be Commander-in-Chiet
of the military and naval
forces of the State. 7. Every bill to be signed by the
Governor. 8. Those who may not hold the
office of Governor. 9. The Governor may grant re
prieves. 10. May grant pardons. 11. The Governor and all other civil
officers under this State liable
to impeachment. 12. In case of the absence of Gover
nor, his duty shall devolve
of the House, shall be in the Governor, by and with the advice of council; but no charter of pardon, granted by the Governor, with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offense or offenses intended to be pardoned.
Art. 53. No officer, duly commissioned to command in the militia, shall be removed from his office but by the address of both Houses to the Governor or by fair trial in court-martial pursuant to the laws of the State for the time being.
Art. 54. The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-majors; the major-generals, their aids; the captains and subalterns, their non-commissioned officers.
Art. 55. The division of the militia into brigades, regiments, companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State, until the same shall be altered by some future law.
Art. 56. No moneys shall be issued out of the treasury of this State and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the council, for the necessary support and defense of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.
Art. 57. All public boards, the Commissary-General, all superintending officers of public magazines and stores belonging to this State, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and all small arms with their accoutrements, and all other public property under their care respectively, distinguishing the quantity and kind of each as particularly as may be, together with the condition of such forts and garrisons. And the commandipg officer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors, adjacent.
Art. 58. The Governor and council shall be compensated for their services, from time to time, by such grants as the General Court shall think reasonable.
Art. 59. Permanent and honorable salaries shall be established by law for the justices of the Superior Court.
Council. Art. 60. There shall be biennially elected by ballot five councilors, for advising the Governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for Senators, shall, some time in the month of November, give in their votes for one councilor, which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for Senators, to be by the secretary laid before the Senate and House of Representatives on the first Wednesday of (January).
Art. 61. And the person having a majority of votes in any county shall be considered as duly elected a councilor; but if no person shall have a majority of votes in any county, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each county and not elected, and, out of those two, shall elect, by joint ballot, the councilor wanted for such county; and the qualifications for councilors shall be the same as for Senator.
Art. 62. If any person thus chosen a councilor shall be elected Governor or member of either branch of the Legislature and shall accept the trust, or if any person elected a councilor shall refuse to accept the office, or in case of the death, resignation, or removal of any councilor out of the State, the Governor may issue a precept for the election of a new councilor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed; and the Governor shall have full power and authority to convene the council, from time to time, at his discretion; and, with them or the majority of them, may and shall, from time to time, hold a council for ordering and directing the affairs of this State, according to the laws of the land.
Art. 63. The members of the council may be impeached by the House and tried by the Senate for bribery, corruption, malpractice, or maladministration.
Art. 64. The resolutions and advice of the council shall be recorded by the secretary in a register, and signed by :ill the member's present agreeing thereto; and this record may be called for at any time by either House of the Legislature; and any member of the council may enter his opinion contrary to the resolution of the majority, with the reasons for such opinion.
Art. 65. The Legislature may, if the public good shall here. after require it, divide the State into five districts, as nearly equal as may be, governing themselves by the number of ratable polls and proportion of public taxes, each district to elect a councilor; and, in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.
Art. 66. And, whereas the elections appointed to be made by this Constitution on the first Wednesday of (Janu:ury), biennially, by the two Houses of the Legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same be completed. And the order of the elections shall be as follows: The vacancies in the Senate, if any, shall be first filled up; the Governor shall then be elected, provided there shall be no choice of him by the people; and, afterwards, the two Thouses shall proceed to fill up the vacancy, if any, in the council.
Secretary, Treasurer, Commissary-General, Ete. Art. 67. The Secretary, Treasurer, and Commissary-General shall be chosen by joint ballot of the Senators and Representatives, assembled in one room.
Art. 68. The records of the State shall be kept in the office of the Secretary; and he shall attend the Governor and council the Senate and Representatives, in person or by deputy, as they may require.
Art. 69. The Secretary of the State shall at all times have a deputy, to be by him appointed, for whose conduct in office he shall be responsible; and, in case of the death, removal, or inability of the Secretary, bis deputy shall exercise all the duties of the office of Secretary of this State until another shall be appointed.
Art. 70. The Secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trust.
Art. 71. The county treasurers, registers of probate, solicitors, sheriffs, and registers of deeds shall be elected by the inhab. itants of the several towns in the several counties in the State, according to the method now practiced and the laws of the State: Provided, nevertheless, The Legislature shall have author ity to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them.
Art. 72. And the Legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary, each district to elect a register of deeds; and, before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts.
Judiciary Power. Art. 73. The tenure that all commissioned officers shall have by law in their office shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting those concerning whom there is a different provision made in this Constitution: Provided, nevertheless, The Governor, with consent of council, may remove them upon the address of both houses of the Legislature.
Art. 74. Each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the justices of the Superior Court upon important questions of law and upon solemn occasions.
Art. 75. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall become void at the expiration of five years from their respective dates; and, upon the expiration of any commission, the same may, if necessary, be renewed, or other person ? appointed, as shall most conduce to the well-being of the State.
Art. 76. All causes of marriage, divorce, and alimony, and all appeals from the respective judges of probate, shall be heard