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• Art. 35

all suits between two or more persons, except in cases otherwise provided for in the Constitution or laws made in pursuance thereof by the Legislature, the parties have a right to trial by jury, but the court shall try the facts as well as the law in cases where the parties agree."

ART. 34. Strike out the words, but by the authority of the Legislature." After Art. 34, insert the following:

Arrest or imprisonment on mesne or final process, founded on contract, shall not be allowed, unless the creditor, or his agent, shall previously make affirmation of his belief that the debtor has fraudulently concealed or conveyed his property to place it beyond the reach of his creditors, or is about to leave the State to avoid the payment of his debts."

Art. 35. Strike out the words It is therefore, not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well: subject, however, to such limitations on account of age as may be provided by the constitution of the State; and that they shall have honorable salaries, ascertained and established by standing laws."

Art. 36. Strike out the words “ especially in a young one"; and also strike out the word "one" and insert “two" in lieu thereof.

Art. 38. Strike out this article and insert:

** Art. 40. Knowledge and learning generally infused through a community being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end, it shall be the duty of the Legislature and magistrates, in all future periods of this government, to cherish the interests of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety and all social affections and generous sentiments among the People."

Add numbering it Art. 41 the following: “ Art. 41. Perpetuities are contrary to the genius of a free government, and shall never be allowed ; and the Legislature shall have the power at all times to alter, amend or repeal any legislative act conferring corporate powers, franchises or privileges, as the public good shall be deemed to demand.”

Rejected.

II.

Strike out Arts. 9, 10, 11, and insert in lieu thereof the following:

“ Art. 14. There shall be in the Legislature of this State a representation of the People elected once in two years, and founded upon principles of equality; and in order that such representation may be as equal as circumstances will admit, every town, or place entitled to town privileges, having one hundred and seventy-five ratable polls of twenty-one years of age and upwards, who shall have resided in this State six months or more immediately preceding the election, paupers and foreigners not naturalized excepted, may elect one representative; if seven hundred and fifty ratable polls, may elect two representatives ; if fifteen hundred and fifty ratable polls, may elect three representatives ; if twenty-five hundred and fifty ratable polls, may elect four representatives ; and so proceeding, making one thousand such ratable polls the mean increasing number for every additional representative aster the third. Such towns or places as have less than one hundred and seventy-five ratable polls may elect a representative such proportion of the time as the number of their ratable polls shall bear to one hundred and seventy-five: provided that such towns and places as shall not have one hundred and seventy-five ratable polls, and shall be conveniently located for that object, may, on application to the Legislature, be classed for the choice of a representative, such classed towns not to contain less than one hundred and seventy-five ratable polls in each representative district so formed: and provided, further, that all towns, cities or places, which now are, or hereafter may be, divided into sections or wards for the choice of representatives, shall, for the purpose of apportioning the number of representatives to the number of ratable polls, be considered as undivided : and provided, further, that such towns and places as have less than one hundred and seventy-five ratable polls, and are entitled to representation a portion of the time under this Constitution, shall have the right to elect a representative at the first election under this Constitution, as a part of that portion, and that the Legislature may prescribe the manner, in which their rights of election, as to their proportional time, shall be determined ; leaving to said towns, or places, as far as is consistent with this Constitution, the selection of the years when they will exercise their rights."

Rejected. III.

Arts 25, 26. Strike out these articles and in lieu thereof insert the following:

" Art. 28. The Senate shall consist of thirty members, who shall hold their office for two years from the first Wednesday of June next following their election.”

“ Art. 29. And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into fifteen districts, in each of which two Senators shall be elected, and make known to the inhabitants of the State the limits of such districts. Each of these senatorial districts shall be formed of contiguous territory, of compact and convenient form, and of ratable polls as nearly equal as may be without dividing towns or cities. Changes in the senatorial districts may be made by the Legislature, for the purpose of rendering the number of ratable polls more equal, not oftener than once in six years."

Add at the end of this article the words, and shall cease to be a Senator when he ceases to be an inhabitant of the district."

Art. 34. Strike out this article and insert in lieu thereof the following:

And in case there shall not appear to be two Senators elected for any district, the deficiency shall be supplied in the following manner, viz: the members of the House of Representatives, and

Art. 29.

Art. 37:

such Senators as shall be declared elected, shall take the names of the two persons, neither of whom are elected, having the highest number of votes in said district, if there is one Senator wanted for said district, and if two Senators are wanted for said district, the names of the four persons having the highest number of votes in said district, and out of them shall elect, by joint vote, the Senator or Senators wanted for such district. And in this manner all such vacancies shall be filled in every district of the State ; and in a like manner all vacancies in the Senate arising by death, removal out of the district, or otherwise, shall be supplied as soon as may be after such vacancies happen."

Strike out this article and insert in lieu thereof the following:

Art. 37

• Art. 40.

The Senate may appoint a President pro tempore and other officers, and determine their own rules of proceeding; and not less than twenty members of the Senate shall make a quorum for doing business; and when not more than twenty-two Senators shall be present, the assent of fifteen, at least, shall be nece try to render their acts and proceedings valid."

Rejected.

IV.

Art. 40.

" or lieu

Insert after the word “ Governor" the words, tenant Governor."

After Art. 41 insert:

" Art. 45

There shall also be a Lieutenant Governor of the State, whose title shall be His Honor; and whose duty it shall be to preside in the Senate; but he shall have no vote therein, except in case of an equal division.”

Art. 42. Strike out this article and insert in lieu thereof the following:

- Art. 46. The Governor and Lieutenant Governor shall be chosen biennially in the month of March ; and the votes of these officers shall be received, sorted, 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 of June biennially, to be by them examined ; and in case of an election by a plurality of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of Governor and Lieutenant Governor shall be the same as those of Senators. But should it ever so happen that there shall be no choice of Governor or Lieutenant Governor by a plurality of votes by reason of two or more persons voted for for the same office, having an equal number of votes, then the Senate and House of Representatives shall by joint vote elect one of the two or more persons having the highest number of votes for said offices respectively; and shall declare him Governor or Lieutenant Governor as the case may be. And no person shall be eligible to either of these offices, unless at the time of his election he shall be of the age of thirty years, and shall have been an inhabitant of this State for seven years next preceding."

Art. 49. Strike out this article and insert in lieu thereof the following:

" Art. 51. Whenever the office of Governor shall become vacant by reason of his death, absence from the State, or otherwise, the Lieutenant Governor shall, during such vacancy, have and exercise all the powers and authorities with which the Governor, by this Constitution, is vested, when personally present; and in case the office shall become vacant by reason of the death of the Lieutenant Governor, or other cause, the President pro tem of the Senate shall during such vacancy, have and exercise the same powers and authorities; but when the Lieutenant Governor, or President pro tempore of the Senate, shall exercise the office of Governor, he shall not preside in the Senate."

Strike out this article and insert in lieu thereof the following: “Art. 53.

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 the 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; to

Art. 51.

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