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and representatives shall be assigned to the different districts in the above-mentioned proportion, by act of the legislature, at the session immediately succeeding the above enumeration.
If the enumeration herein directed should not be made in the course of the year appointed for the purpose by these amendments, it shall be the duty of the Governor to have it effected as soon thereafter as shall be practicable.
In assigning representatives to the several districts of the State, the legislature shall allow one representative for every sixty-second part of the whole number of white inhabitants in the State; and one representative also for every sixty-second part of the whole taxes raised by the legislature of the State. The legislature shall further allow one representative for such fractions of the sixtysecond part of the white inhabitants of the State, and of the sixty-second part of the taxes raised by the legislature of the State, as, when added together, form a unit.
In every apportionment of representation under these amendments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole produce of the tax on sales at public auction.
If, in the apportionment of representatives under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, nevertheless, send one representative; and, if there should still be a deficiency of the number of representatives required by these amend ments, such deficiency shall be supplied by assigning representatives to those election districts having the largest surplus fractions; whether those fractions consist of a combination of population and of taxes, or of population or of taxes separately, until the number of one hundred and twenty-four members be provided.
No apportionment, under these amendments shall be construed to take effect, in any manner, antil the gene ral election which shall succeed such apportionment.
The election districts, for members of the House of Representatives, shall be and remain as heretofore established, except Saxe Gotha and Newberry; in which the boundaries shall be altered, as follows, viz.: That part of Lexington in the fork of Broad and Saluda rivers shall no longer compose a part of the election district of Newberry, but shall be henceforth attached to, and form a part of, Saxe Gotha. And, also, except Orange and Barnwell, or Winton, in which the boundaries shall be altered, as follows, viz.: That part of Orange in the fork of Edisto shall no longer compose a part of the election district of Barnwell, or Winton, but shall be henceforth attached to, and form a part of, Orange election district.
The Senate shall be composed of one member from each election district, as now established for the election of members of the House of Representatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two senators as heretofore.
The seats of those senators who under the Constitution shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall represent such districts under these amendments, shall, immediately after they shall have been assembled under •he first election, be divided by lots into two classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, and oCthe second class, at the expiration of the fourth year; and the number in these classes shall be so proportioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year.
None of these amendments becoming parts of the Constitution of this State shall be altered, unless a bill to alter the same shall have been read on three several days in the House of Representatives, and on three several days in the Senate, and agreed to at the second and third reading by two-thirds of the whole representation in each branch of the legislature; neither shall any alteration take place, until the bill so agreed to be published three months previous to a new election for members to the House ol Representatives; and if the alteration proposed by the legislature shall be agreed to in their first session, by twothirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each House, then, and not otherwise, the same shall become a part of the Constitution.
AMENDMENT RATIFIED DECEMBER 19, 1816.
That the third section of the tenth article of the Constitution of this State be altered and amended to read as follows: The judges shall, at such times and places as shall be prescribed by act of the legislature of this State, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and "such points of law as may be submitted to them.
CONSTITUTION OF OHIO.
Sec. 1. The legislative authority of this state shall be vested in a general Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.
2. Within one year after the first meeting of the general Assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, according to the number of white male inhabitants of above twenty-one years of age in each; and shall never be less than twenty-four nor greater than thirty-six, until the number of white male inhabitants of above twenty-one years of age shall be twen(y-two thousand; and after that event, at such ratio thai the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two.
3. The representatives shall be chosen annually, by the citizens of each county respectively, on the second Tuesday of October.
4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citizen of the United States, and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, unless he shall have been absenton the public business of the United States, or of this State, and shall have paid a state or county tax.
5. The senators shall be chosen biennially, by qualified voters for representatives; and, on their being convened in consequence of the first election, they shall be divided by lot from their respective coiyities or districts, as near as can be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof, as near as possible, may be chosen annually for ever thereafter.
6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twentyone years in each, and shall never be less than one-third nor more than one-half of the number of representatives.
7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the district or county immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State, and shall moreover have paid a state or .county tax.
8. The Senate and House of Representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments: two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.
9. Each House shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the Journals.
10. Any two members of either House shall have liberty to dissent from and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.
11. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent Sjate.
12. When vacancies happen in either House, the Governor or the person exercising the power of the Governor shall issue writs of election to fill such vacancies.
13. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate, in either House, they shall not be questioned in any other place.
14. Each House may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in their presence: provided such imprisonment shall not, at any one time, exceed twentyfour hours.
15. The doors of each House, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting.
16. Bills may originate in either House, but may be altered, amended, or rejected by the other.