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Sec. 4. 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.

Sec. 5. Each house shall keep a journal, and from time to time publish its proceedings, except such parts as in their judgment may require secrecy; 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 journals.

Sec. 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.

Sec. 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 House of Representatives in traveling to the Legislature and returning therefrom, once in each session or 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.

Sec. 8. The Senators and Representatives shall, in all cases 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 for anything spoken in debate in either house, in any court or place elsewhere.

Sec. 9. Bills, orders or resolutions, may originate in either 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 13. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually apper. taining to special or private legislation.

Sec. 14. Corporations shall be formed under general laws, and shall not be created by special acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.

Sec. 15. The Legislature shall, by a two-thirds concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this Constitution.



Executive Powers. Section 1. The supreme executive power of this State shall be vested in a Governor.

Sec. 2. The Governor shall be elected by the qualified electors, and shall hold his office one year from the first Wednesday of January in each year.

Sec. 3. The meetings for election of Governor shall be notified, held, and regulated, and the 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, and also the lists of votes of citizens in the military service returned into the secretary's office, 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 the 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 Governor.

Sec. 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 for 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.

Sec. 5. No person holding any office or place under the United States, this State, or any other power, shall exercise the office of Governor.

Sec. 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.

Sec. 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 defense thereof.

Sec. 8. He shall nominate, and, with the advice and consent of the Council, appoint all judicial officers, coroners, and notaries public ; and he shall also nominate, and with the advice and consent of the Council, appoint all other civil and military oilicers whose appointment is not by this Constitution, or shall not by law be otherwise provided for; and every nomination shall be made seven days, at least, prior to such appointment.

Sec. 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.

Sec. 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.

Sec. 11. He shall have power, with the advice and consent of the Council, to remit, after conviction, all forfeitures and penalties, and to grant reprieres, commutations and pardons, except in cases of impeachment, upon such conditions, and with such restrictions and limitations, as may be deemed proper, subject to such regulations as may be provided by law, relative to the manner of applying for pardons. And he shall communicate to the Legislature at each session thereof, each case of reprieve, remission of penalty, commutation or pardon granted, stating the name of the convict, the crime of which he was con. victed, the sentence and its date, the date of the reprieve, remission, commutation or pardon, and the conditions, if any, upon which the same was granted.

Sec. 12. He shall take care that the laws be faithfully executed.

Sec. 13. He may, on extraordinary occasions, convene 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 the last adjournment, the place where the Legislature were next to convene shall have become dangerous from an enemy or contagious sickness, may direct the session to be held at some other convenient place within the State.

Sec. 14. Whenever the officer 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 shall be duly qualified ; and in case of death, resignation, removal from office or disqualification of the President of the Senate, so exercising 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.


Council. Section 1. 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 government, whom the Governor shall have full power, at his discretion, to assemble; and he, with the Councillors, 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.

Sec. 2. The Councillors 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 councillor 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.

Sec. 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 Councillor may enter his dissent to the resolution of the majority.

Sec. 4. No member of Congress, or of the Legislature of this State, nor any person holding any office under the United States (post-officers excepted), nor any civil officers under this State Gustices of the peace and notaries public excepted), shall be Councillors. And no Councillor shall be appointed to any office during the time for which he shall have been elected.

PART Tari).

Secretary. Section 1. The Secretary of State shall be chosen annually at the first session of the Legislature, by joint ballot of the Senators and Representatives in convention.

Sec. 2. The records of the State shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable.

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