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whereof he is seized in his own right; and 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.
That the sixth article under said head be expunged and the following added :
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 member attending seasonably and not departing without licence. 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 judge of the returns, elections & qualifications of its members, as pointed out in this Constitution. That the last paragraph under the Head of House of Representatives be expunged, and the following added ; viz.
The Journals of the Proceedings, & 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 Journals.
XXIX. The Governor shall be chosen annually in the month of March, & votes for Governor shall be received, counted, sorted, certified &
returned in the same manner as the votes for Senators; & the Secretary shall lay the same before the Senate & House of Representatives, on the last Wednesday of October 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 & 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 & House of Representatives shall by joint ballot elect one of the two persons having the highest number of votes, who shall be declared Governor.
XXXI. 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; & 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 this State.
In cases of disagreement between the two houses with regard to the time or place of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court not exceeding seven months at any one time, as he may determine the public good may require, to meet at the place where the Gen! Court shall be at that time sitting; and he shall dissolve the same seven days before the said last Wednesday of October.
Rejected. XXXIII. And in the case of any infectious distemper prevailing in the place where the said Court is to convene, or any other cause whereby dangers 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, it 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 & 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 & limitations prescribed in the case of a bill.
Rejected. XXXVI. All Judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, & and all officers of the Navy, & General & field officers of the Militia shall be nominated & appointed by the Governor and Council ; & 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 & Council shall have a negative on each other both in the nominations & appointments. Every nomination & appointment shall be signed by the Governor or Council; & every negative shall be also signed by the Governor or Council who made the same.
The Captains & Subalterns in the respective regiments shall be nominated by the field officers, & 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 several paragraphs under the head President," in the Constitution, shall be altered by expunging the word “ President,” and inserting the word GOVERNOR in lieu thereof.
And the second, third, fourth, sixth, ninth, sixteenth, and last paragraph, under the head, • President ” in the Constitution, shall be expunged, and be considered as no longer in force. Rejected.
The several paragraphs under the head Council in the Constitution shall be expunged, and the following substituted in lieu thereof:
There shall be annually elected by ballot five Councillors for advising the Governor in the Executive part of Government: The freeholders and other inhabitants in each county qualified to vote for Senators, shall some time in the month of March give in their votes for one Councillor ;— which votes shall be received, sorted, counted, certified and returned to the Secretary's office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and house of Representatives on the last Wednesday of October.
XLII. And the person having a majority of votes in any County shall be considered as duly elected a Councillor : But if no person shall have a majority of votes in any County the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each County and not elected, and out of those two shall elect by joint ballot, the Councillor wanted for such County.
Provided nevertheless, That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds, within this State, three hundred pounds of which or more shall be a freehold in his own right; and who is not thirty years of age, and who shall not have been an inhabitant of this State for seven years immediately preceeding his election, and at the time of his election an inhabitant of the County in which he is elected. Rejected.
XLIV. The Secretary shall annually, seventeen days before the last Wednesday of October, give notice of the choice of the persons elected.
XLV. If any person shall be elected Governor or member of either branch of the Legislature, and shall accept the trust, or if any person elected as Councillor shall refuse to accept the office, or in case of the death, resignation, or removal of any Councillor out of the State, the Governor may issue a precept for the election of a new Councillor in that County where such vacancy shall happen, and the choice shall be in the same manner as before directed. The Governor shall have power and authority to convene the Council from time to time at his discretion, and with them or the majority of them, may and shall from time to time hold a Council for ordering and directing the affairs of the State according to the law of the lard.