Whenever the Governor shall be impeached, the Chief Justice of the Supreme Judicial Court shall, during the trial, preside in the Senate, but have no vote therein.

House of Representatives.

There shall be, in the Legislature of this State, a representation of the people. annually elected, and founded upon principles of equality; and in order that such representation may be as equal as circumstances will admit, every town, parish, or place, entitled to town privileges, having one hundred and fifty ratable male polls, of twenty-one years of age, and upwards, may elect one representative: if four hundred and fifty ratable male polls, may elect two represen tatives; and so proceeding, in that proportion, make three hundred such ratable polls the mean of increasing number, for every additional representative.

Such towns, parishes, or places, as have less than one hundred and fifty ratable polls, shall be classed by the general assembly, for the purpose of choosing a representative, and seasonably notified thereof. And in every class formed for the above-mentioned purpose, the first annual meeting shall be held in the town. parish, or place wherein most of the ratable polls reside; and afterwards in that which has the next highest number; and so on, annually, by rotation, through the several towns, parishes, or places forming the district.

Whenever any town, parish, or place entitled to town privileges, as aforesaid, shall not have one hundred and fifty ratable polls, and be so situated as to render the classing thereof with any other town, parish, or place very inconvenient; the general assembly may, upon application of a majority of the votes of such town, parish, or place, issue a writ for their selecting and sending a representative to the General Court.

The members of the House of Representatives shall be chosen. annually, in the month of March, and shall be the second branch of the Legislature.

All persons qualified to vote in the election of senators shall be entitled to vote, within the district where they dwell, in the choice of representatives. Every member of the House of Representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this State; shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one-half of which to be a freehold, whereof he is seized in his own right; shall be, at the time of his election, an inhabitant of the district he may be chosen to represent, and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid.

The members of both houses of the Legislature shall be compensated for their services out of the treasury of the State, by a law

made for that purpose; such members attending seasonably, and not departing without license. All intermediate vacancies in the House of Representatives, may be filled up from time to time, in the same manner as annual elections are made.

The House of Representatives shall be the grand inquest of the State; and all impeachments made by them shall be heard and tried by the Senate.

All money-bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

The House of Representatives shall have the power to adjourn themselves, but no longer than two days at a time.

A majority of the members of the House of Representatives shall be a quorum for doing business; but when less than two-thirds of the House of Representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid.

No member of the House of Representatives or Senate shall be arrested or held to bail, on mesne process, during his going to, return from, or attendance upon the court.

The House of Representatives shall choose their own Speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the return, elections, and qualifications of its members, as pointed out in this Constitution. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the House in its presence, by any disorderly and contemptuous behaviour, or by threatening or ill treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the House in assaulting any witness or other person ordered to attend by, and during his attendance on, the House, or in rescuing any person arrested by order of the House, knowing them to be such. The Senate, Governor, and Council shall have the same powers in like cases: provided that no imprisonment by either for any offence exceed ten days.

The journal of the proceedings, and all the public acts of both houses of the Legislature, shall be printed and published immediately after every adjournment or prorogation; and upon motion. made by any one member, the yeas and nays upon any question shall be entered in the journals: and any member of the Senate or House of Representatives shall have a right, on motion made at the time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the jour

nals.

EXECUTIVE POWER.— -Governor.

The Governor shall be chosen annually, in the month of March; and the votes for Governor shall be received, counted, certified, and returned in the same manner as the votes for senators; and the Secretary shall lay the same before the Senate and House of Representatives on the first Wednesday in June, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published.

And the qualifications of electors of the Governor shall be the same as those for senators; and if no person shall have a majority of votes, the Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor.

And no person shall be eligible to this office unless, at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of five hundred pounds, one-half of which shall consist of a freehold, in his own right, within the State.

In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the Governor, with advise of Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require, to meet at the place where the General Court shall be at that time sitting; and he shall dissolve the same seven days before the said first Wednesday in June. And, in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause whereby danger may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other, the most convenient place within the State.

Every bill which shall have passed both houses of the General Court shall, before it become a law, be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the

Legislature by their adjournment prevent its return, in which case it shall not be a law.

Every resolve shall be presented to the Governor, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

All judicial officers, the Attorney-general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field-officers of the militia, shall be nominated and appointed by the Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place unless a majority of the Council agree thereto. The Governor and Council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the Governor and Council, and every negative shall also be signed by the Governor or Council who made the same.

The captains and subalterns, in the respective regiments, shall be nominated by the field-officers, and, if approved by the Governor, shall be appointed by him.

Whenever the chair of the Governor shall become vacant, by reason of his death, absence from the State, or otherwise, the President of the Senate shall, during such vacancy, have and exercise all the powers and authorities which, by this Constitution, the Governor is vested with, when personally present; but when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate.

The Governor, with the advice of Council, shall have full power and authority, in the recess of the General Court, to prorogue the same from time to time, not exceeding ninety days. in any one recess of said Court; and during the session of said Court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the State should require the same.

The Governor of this State for the time being. shall be commander-in-chief of the army and navy, and all the military forces of this State, by sea and land; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and for the special defense and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them encounter, repulse, repel, resist, and pursue, by force of arms, as well by sea as by land, within and without the limits of this State; and also to kill, slay, destroy if necessary, and conquer by all fitting ways, enterprise, and means, all and every such person and persons as shall at any time hereafter in a hostile manner attempt or enterprise the destruction,

invasion, detriment, or annoyance of this State; and to use and exercise over the army and navy, and over the militia in actual service, the law martial, in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require. And surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State: And, in fine, the Governor is hereby entrusted with all other powers incident to the office of captain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land: Provided, that the Governor shall not at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the General Court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Council.

The power of pardoning offences, except such persons as may be convicted of before the Senate, by impeachment of the House, shall be in the Governor, by and with the advice of the 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 and particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

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.

The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-major; the major-generals, their aids; the captains and subalterns, their non-commissioned officers.

The Governor and Council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this State shall appoint; as also all officers of forts and garrisons.

The division of the militia into brigades, regiments, and 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.

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, 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