ment among

SEC. 3. Each town having fifteen hundred inhabitants Apportionmay elect one representative; each town having three thous- towns. and seven hundred and fifty may elect two: each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty six thousand two hundred and fifty inhabitants may elect seven; but no town shall ever be entitled to more than seven representatives: and towns and plantations duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts containing that number, and so as not to divide towns; and each such district may elect one representative; and when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and, in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against a classification with any other town or plantation, the Legislature may, at each apportionment of representatives, on the application of such town or plantation, authorise it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation: and the right of representation, so established, shall not be altered until the next general apportionment.

Qualifications

ative.

SEC. 4. No person shall be a member of the House of Representatives, unless he shall, at the commencement of the of a representperiod for which he is elected, have been five years a citizen of the United States, have arrived at the age of twenty one years, have been a resident in this State one year, or from the adoption of this Constitution; and, for the three months next preceding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the town or district which he represents.

Meetings for choice of Rep. resentatives regulated.

ed.

SEC. 5. The meetings for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings receive the votes of all the qualified electors present, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the Towns class- towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this Constitution. And the selectmen of such 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.

SEC. 6. Whenever the seat of a member shall be vaca- Vacancies to be filled by ted by death, resignation, or otherwise the vacancy may be new elections. filled by a new election.

House to

SEC. 7. The House of Representatives shall choose their choose speakSpeaker, Clerk and other officers..

er, &c.

SEC. 8. The House of Representatives shall have the To have the sole power of impeachment.

ARTICLE IV.-Part Second.

SENATE.

power of impeachment.

sist of not less 20 nor

SEC. 1. The Senate shall consist of not less than twenty, Senate to connor more than thirty one members, elected at the same time, than and for the same term, as the representatives, by the qualifi- more than 31, ed electors of the districts, into which the State shall from time to time be divided.

be

once in ten

SEC. 2. The Legislature, which shall be first convened State to districted under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hun- years at least. dred 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.

SEC. 3. The meetings for the election of Senators shall be Meetings for notified, held and regulated, and the votes received, sorted, choice of Senators regulacounted, declared and recorded, in the same manner as those ted. 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 Electors in unplantation clerks respectively shall cause the same to be de- incorporated livered into the Secretary's office thirty days at least before

plantations.

Votes to be

the Governor

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 that purpose accordingly.

SEC. 4. The Governor and Council shall, as soon as may examined by be, examine the returned copies of such lists, and, twenty and council. 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 determine on elections.

SEC. 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 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. how supplied. 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.

Vacancies

Qualification of senators.

Senate to try impeach

ments.

SEC. 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.

SEC. 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 farther than to removal from office, and disqualification to hold or enjoy Party liable to any office of honor, trust or profit under this State. But the punished after. party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

be tried and

SEC. 8. The Senate shall choose their President, Secre- To choose a tary and other officers.

president, &c.

ARTICLE IV.-Part Third.

LEGISLATIVE POWER.

to

sign their acts.

in

SEC. 1. The Legislature shall convene on the first WedLegislature to nesday of January annually, and shall have full power to meet annually. 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. SEC. 2. Every bill or resolution, having the force of law, Governor 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 originat- If he disaped, which shall enter the objections at large on its journals, prove-proceedings and proceed to reconsider it. If, after such reconsideration such case. 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 with- To return the in five days (Sundays excepted) after it shall have been pre- days." sented 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.

bill in five

Each house to

jority a quo

SEC. 3. Each House shall be the judge of the elections judge of clecand qualifications of its own members, and a majority shall tions &c.; maconstitute a quorum to do business; but a smaller number rum. 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.