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and Aldermen shall order a new election, to be held not more than len days from the day of the first election, and so on until the election shall be completed. Certificates of election shall be furnished by the city clerk to the persons chosen.
87. If no person shall have a majority of votes for Governor, it shall be the duty of the grand committee to eleci one by ballot from the two persons having the highest number of votes for the office, except when such a result is produced by rejecting the entire vote of any town, city, or ward, for informality or ille. gality, in which case a new election by the electors throughout the State shall be ordered; and in case no person shall have a majority of votes for LieutenantGovernor, it shall be the duty of the grand committee to elect one by ballot froin the two persons having the highest number of votes for the office.
$ 8. In case an election of the Secretary of State, Attorney-General, or General Treasurer, should fail to be made by the electors at the annual election, the vacancy or vacancies shall be filled by the General Assembly in grand committee, from the two candidates for such office having the greatest number of the votes of the electors. Or, in case of a vacancy in either of said offices from other causes, between the sessions of the General Assembly, the Governor shall appoint some person to fill the same until a successor elected by the General Assembly is qualified to act; and in such case, and also in all other cases of vacancies, not otherwise provided for, the General Assembly may fill the same in any manner they may deem proper.
$ 9. Vacancies from any cauge in the Senate or House of Representatives may be filled by a new election.
§ 10. In all elections held by the people, under this constitution, a majority of all the electors voting shall be necessary to the election of the persons voted for.
ARTICLE 9. - -OF QUALIFICATIONS FOR OFFICE. $ 1. No person shall be eligible to any civil office, (except the office of school committee,) unless he be a qualified elector for such office.
§ 2. Every person shall be disqualified from holding any office to which he may have been elected, if he be convicted of having offered, or procured any other person to offer, any bribe to secure his election, or the election of any other person.
$ 3. All general officers shall take the following engagement before they act in their respective offices, to wit: You
being by the free vote of the electors of this State of Rhode Island and Providence Plantations, elected unto the place of
do solemnly swear (or affirm) to be true and faithful unto this state, and to support the Constitution of this State and of the United States; that you will faithfully and impartially discharge all the duties of your aforesaid office to the best of your abilities, according to law: So help you God. Or, this affirmation you make and give upon the peril of the penalty of perjury.
$ 4. The members of the General Assembly, the Judges of all the Courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this Constitution, and the Constitution of the United States,
$5. The oath, or affirmation, shall be administered to the Governor, Lieuten. ant-Governor, Senators, and Representatives by the Secretary of State, or, in his absence, by the Attorney-General. The Secretary of State, Attorney-General, and General Treasurer, shall be engaged by the Governor, or by a Justice of the Supreme Court.
$6. No person holding any office under the government of the United States, or or any other State or country, shall act as a general officer, or as a member of the General Assembly, unless at the time of taking his engagement, he shall have resigned his office under such government; and if any general officer, Senator, Representative, or Judge, shall, after his election and engagement, accept any appointment under any other government, his office under this shall be imme. djately vacated; but this restriction shall not apply to any person appointed to take depositions or acknowledgements of deeds, or other legal instruments, by the authority of any other State or country.
ARTICLE 10.-OF THE JUDICIAL POWER. § 1. The Judicial power of this state shall be vested in one Supreme Court, and in such inferior courts as the General Assembly may, from time to time, ordain and establish.
$2. The several courts shall have such jurisdiction as may from time to time be prescribed by law. Chancery powers may be conferred on the Supreme Court, but on no other Court to any greater extent than is now provided by law.
$3. The Judges of the Supreme Court shall, in all trials, instruct the jury in The law. They shall also give their written opinion upon any question of law whenever requested by the Governor, or by either House of the General Assem. bly.
§ 4. The Judges of the Supreme Court shall be elected by the two Houses in grand committee. Each Judge shall hold his office until his place be declared vacant by a resolution of the General Assembly to that effect; which resolution shall be voted for by a majority of all the members elected to the House in which t may originate, and be concurred in by the same majority of the other House, Such resolution shall not be entertained at any other than the annual session for the election of public officers; and in default of the passage thereof at said ses. sion, the Judge shall hold his place as is herein provided. But a Judge of any court shall be removed from office, if, upon impeachment, he shall be found guilty of any official misdemeanor.
§ 5. In case of vacancy by death, resignation, removal from the State or from office, refusal or inability to serve, of any Judge of the Supreme Court, the office may be filled by the grand committee, until the next annual election, and the Judge then elected shall hold his office as before provided. In cases of impeachment, or temporary absence or inability, the Governor may appoint a person to discharge the duties of the office during the vacancy caused thereby.
8 6. The Judges of the Supreme Court shall receive a compensation for their services, which shall not be diminished during their continuance in office.
$ 7. The towns of New Shoreham and Jamestown may continue to elect their wardens as heretofore. The other towns and the city of Providence, may elect such number of justices of the peace, resident therein, as they may deem proper. The jurisdiction of said justices and wardens shall be regulated by law. The justices shall be commissioned by the Governor.
-OF IMPEACHMENTS. $ 1. The House of Representatives shall have the sole power of impeachment. A vote of two-thirds of all the members elected shall be required for an impeachment of the Governor. Any officer impeached, shall thereby be suspended from office until judgment in the case shall have been pronounced.
§ 2. All impeachments shall be tried by the Senate; and, when sitting for that purpose, they shall be under oath or affirmation. No person shall be convicted except by vote of two-thirds of the members elected. When the Governor is impeached, the chief or presiding justice of the Supreme Court for the time being, shall preside, with a casting vote in all preliminary questions.
$ 3. The Governor and all other executive and judicial officers, shall be liable to impeachment; but judgment in such cases shall not extend further than to removal from office. The person convicted, shall, nevertheless, be liable to in. dictment, trial, and punishment, according to law.
ARTICLE 12.- - OF EDUCATION. § 1. The diffusion of knowledge, as well as of virtue, among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the General Assembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education,
$ 2. The money which now is, or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose.
§ 3. All donations for the support of public schools or for other purposes of education, which may be received by the General Assembly, shall be applied according to the terms prescribed by the donors.
$ 4. The General Assembly shall make all necessary provisions by law for car. rying this article into effect. They shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretence whatsoever.
ARTICLE 13. - -ON AMENDMENTS.
The General Assembly may propose amendments to this constitution by the votes of a majority of all the members elected to each House. Such propositions for amendment shall
be published in the newspapers, and printed copies of them shall be sent by the Secretary of State, with the names of all the meinbers who shall have voted thereon, with the yeas and nays, to all the town and city clerks in the State. The said propositions shall be, by said clerks, inserted in the war. rants or notices by them issued, for warning the next annual town and ward meetings in April; and the clerks shall read said propositions to the electors when
thus assembled, with the names of all the Representatives and Senators who shall have voted thereon, with the yeas and nays, before the election of Senators and Representatives shall be had. If a majority of all the members elected to each House, at said annual meeting, shall approve any proposition thus inade, the same shall be published and submitted to the electors in the mode provided in ihe act of approval; and if then approved by three-fifths of the electors of the State present, and voting thereon in town and ward meetings, it shall become a part of the constitution of the State.
ARTICLE 14. — OF THE ADOPTION OF THIS CONSTITUTION. § 1. This constitution, if adopted, shall go into operation on the first Tuesday of May, in the year one thousand eight hundred and forty-three. The first election of Governor, Lieutenant-Governor, Secretary of State, Attorney-General, and General Treasurer, and of Senators and Representatives under said constitution, shall be had on the first Wednesday of April next preceding, by the electors qualified under said constitution. And the town and ward meetings therefore shall be warned and conducted as is now provided by law. All civil and military officers now elected, or who shall hereafter be elected, by the General Assembly, or other competent authority, before the said first Wednesday of April, shall hold their offices and may exercise their powers until the said first Tuesday of May, or until their successors shall be qualified to act. All statutes, public and private, not repugnant to this constitution, shall continue in force until they expire by their own limitation, or are repealed by the General Assembly. All charters, con. tracts, judgments, actions, and rights of action, shall be as valid as if this consti. tution had not been made. The present government shall exercise all the powers with which it is now clothed, until the said first Tuesday of May, one thousand eight hundred and forty-three, and until the government under this constitution is duly organized.
$ 2. All debts contracted and engagements entered into, before the adoption of this constitution, shall he as valid against the State as if this constitution had not been adopted.
$3. The Supreme Court, established by this constitution, shall have the same jurisdiction as the Supreme Judicial Court at present established, and shall have jurisdiction of all causes which may be appealed to, or pending in the same; and shall be held at the same times and places, and in each county, as the present Supreme Judicial Court, until otherwise prescribed by the General Assembly.
$ 4. The towns of New Shoreham and Jamestown shall continue to enjoy the exemptions from military duty which they now enjoy, until otherwise prescribed by law.
Done in Convention, at East-Greenwich, this fifth day of November, eighteen hundred and forty-two.
JAMES FENNER, President.
HENRY Y. CRANSTON, Vice-Pres't. THOMAS A. JENCKES, Secretaries. WALTER W. OPDIKE,}
PREAMBLE. The people of Connecticut, acknowledging, with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liber. ties, rights, and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following constitution and form of civil government.
Declaration of Rights. That the great and essential principles of liberty and free government may be recognised and established, we declare:
§ 1. That all men, when they form a social compact, are equal in
rights; and that no man, or set of men, are entitled to exclusive public emoluments or privileges from the community.
§ 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
$ 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall for ever be free to all persons in this state, provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.
§ 4. No preference shall be given by law to any Christian sect or mode of worship.
$ 5. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty.
$ 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press.
$7. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have a right to determine the law and the facts, under the direction of the court.
$ 8. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches, or seizures ; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, sup. ported by oath or affirmation.
$ 9. In all criminal prosecutions, the accused shall have a right to be heard, by himself and by counsel : to demand the nature and cause of the accusation; to be confronted by the witnesses against him ; to have compulsory process to obtain witnesses in his favour; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand jury ; except in the land oi naval forces, or in the militia, when in actual service, in time of war or public danger.
§ 10. No person shall be arrested, detained, or punished, except in cases clearly warranted by law.
$11. The property of no person shall be taken for public.use, without just compensation therefor.
$ 12. All courts shall be open, and every person, for an injury done him, in his person, property, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
$ 13. Excessive bail shall not be required, nor excessive fines inposed.
$ 14. All prisoners shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great ; and the privileges of the writ of habeas corpus shall
not be suspended, unless when in case of rebellion or invasion the public safety may require it; nor in any case, but by the legislature.
$ 15. No person shall be attainted of treason or felony by the legislature.
§ 16. The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by pe. tition, address, or remonstrance.
§ 17. Every citizen has a right to bear arms in defence of himself and the state.
$ 18. The military shall, in all cases, and at all times, be in strict subordination to the civil power.
$ 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.
$ 20. No hereditary emoluments, privileges, or honours shall ever be granted or conferred in this state.
§ 21. The right of trial by jury shall remain inviolate.
Of the Distribution of Powers. The powers of government shall be divided into three distinct depart ments, and each of them confided to a separate magistracy, to wit ;those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
Of the legislative Department. $1. The legislative power of this state shall be vested in two distinct houses or branches ; the one to be styled the senate, the other the house of representatives, and both together the general assembly. The style of the laws shall be: Be it enacted by the senate and house of representatives in general assembly convened.
§ 2. There shall be one stated session of the general assembly, to be holden each year, alternately at Hartford and New Haven, on the first Wednesday of May, and at such other times as the general assembly shall judge necessary ; the first session to be holden at Hartford ; but the person administering the office of governor, may, on special emergencies, convene the general assembly at either of said places, at any other time. And in case of danger from the prevalence of contagious diseases in either of said places, or other circumstances, the person administering the office of governor, may, by proclamation, convene said assembly at any other place in this state. § 3. The house of representatives
shall consist electors residing in towns from which they are elected. The number of representatives from each town shall be the same as at present practised and allowed. In case a new town shall hereafter be incorporated, such new town shall be entitled to one representative only : and if such new town shall be made from one or more towns, the town or towns from which the same shall be made, shall be entitled to the same number of representatives as at pre