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The doors of the galleries of each House of the Legislature shall be kept open to all persons who behave decently, except when the welfare of the State in the opinion of either branch shall require secrecy.
That the several paragraphs under the head of Senate be expunged, and the following be substituted in lieu thereof: viz.
The Senate shall consist of thirteen members who shall hold their office for one year from the last Wednesday of October next ensuing their election.
And, that the State may be equally represented in the Senate, the Legislature shall from time to time divide the State into thirteen districts as nearly equal as may be, without dividing towns and unincorporated places; and in making this division they shall govern themselves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district.
The freeholders and other inhabitants of each district qualified as in this Constitution is provided, shall annually give in their votes for a Senator at some meeting holden in the month of March.
The Senate shall be the first branch of the Legislature; and the Senators shall be chosen in the following manner, viz. Every male inhabitant of each town and parish with town priviledges, and places unincorporated in this State, of twenty-one years of
and upwards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duely warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the Senator in the district whereof he is a member.
Provided, nevertheless, That no person shall be capable of being elected a Senator who is not seized of a free-hold estate in his own right, of the value of two hundred pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an Inhabitant of this State for seven years immediately preceeding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen.
XVI. And every person, qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish and plantation where he dwelleth and hath his home.
And the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same priviledge of voting for Senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Selectimen and Town Clerks have in their several towns by this Constitution.
XVIII. The meetings for the choice of Governor, Counsellors and Senators shall be warned by warrant from the Selectmen, and governed by a moderator, who shall in the presence of the Selecimen (whose duty it shall be to attend) in open meeting receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for Senators, and shall in said meetings, in the presence of the said selectmen and of the town Clerk, in said meeting sort and count the said votes and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person. And the town Clerk shall make a fair record of the same at large, in the Town book and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof: And the said Town clerk shall cause such attested copy to be delivered to the sheriff of the County in which such town or parish shall lie forty days at least before the last Wednesday of October, or to the Secretary of the State, at least thirty days before the said last Wednesday of October ;--And the Sheriff of each county or his deputy shall deliver all such certificates by him received, into the Secretary's office at least thirty days before the last Wednesday of October.
And, that there may be a due meeting of the Senators on the last Wednesday of October annually, the Governor and a majority of the Council for the time being, shall as soon as may be, examine the returned copies of such records: and fourteen days before the said last Wednesday of October, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day: Provided nevertheless, that for the first year, the said returned copies shall be examined by the President and a majority of the Council then in office, and the said President shall in like manner notify the persons elected, to attend and take their seats accordingly.
And, in case there shall not appear to be a Senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz: The members of the House of Representatives and such Senators as shall be declared elected, shall take the
names of the two persons having the highest number of votes in the district; and out of these shall elect by joint ballot, the Senator wanting for such district; and in this manner, all such vacancies shall be filled up in every district of the State ; and in like manner all vacancies in the Senate arising by death, removal out of the State, or otherwise, shall be supplied as soon as may be, after such vacancies happen.
The Senate shall be final judges of the elections, returns and qualifications of their own members as pointed out in this Constitution.
The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time ;-Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day or at such place.
The Senate shall appoint their President and other officers, and determine their own rules and proceedings: And not less than seven members of the Senate shall make a quorum for doing business; and when less than eight members shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid.
The Senate shall be a Court with full power and authority to hear, try and determine all impeachments made by the House of Representatives against any officer or officers of the State, for bribery, corruption, mal-practice, or mal-administration in office, with full power to issue summons or compulsory process for convening witnesses before them, with all necessary powers incident to a Court of trials. But previous to the trial of such Impeachment the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. And every officer impeached for bribery, corruption, mal-practice, or mal-administration in office, shall be served with an attested copy of the Impeachment and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting, to try the impeachment; which service shall be made by the sheriff or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial; and such citation being duly served and returned, the Senate may proceed in the hearing of the Impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defence by himself and Council, and may also upon his refusing or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon,—his non-appearance notwithstanding—and such Judgment shall have the same force and effect, as if the person impeached had appeared and pleaded on the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit under this State : but the party so convicted shall, nevertheless be liable to indictment, trial, judgment and punishment, according to the laws of the land. 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.
UNDER THE HEAD HOUSE OF REPRESENTATIVES.
XXV. That the fifth Caragraph under this head be expunged and the following added :
All persons qualified to vote in the elections of Senators shall be intitled 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 preceeding 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,