victed 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 and enjoy any office of honor, 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.

SEC. 8. The senate shall choose their president, secretary and other officers.

ARTICLE IV.-Part Third.

LEGISLATIVE POWER.

SEC. 1. The legislature shall convene on the first Wednesday of January 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.

SEC. 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, which 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 gov

ernor, within five days (Sundays excepted) after it shal 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.

SEC. 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.

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 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.

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 any thing 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 origi nate in the house of representatives, but the senate may propose amendments as in other cases: provided, that they shall not, under colcr 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.

ARTICLE V.-Part First.

EXECUTIVE POWER.

SEC. 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 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 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 the 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 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 defence thereof.

SEC. 8. He shall nominate, and, with the advice and consent of the council, appoint all judicial officers, the attorney general, the sheriffs, 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.

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 reprieves and pardons, except in cases of impeachment.

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

SEC. 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 the last adjournment, the place where the legislature