USA > Rhode Island > A short history of Rhode Island > Part 21
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24
ARTICLE I.
DECLARATIONS OF PRINCIPLES AND RIGHTS.
1. In the spirit of and in the words of ROGER WILLIAMS, the illus- trious founder of this state, and of his venerated associates, WE DECLARE " that this government shall be a DEMOCRACY," or govern- ment of the PEOPLE, " by the major consent" of the same, "ONLY IN CIVIL THINGS." The will of the people shall be expressed by repre- sentatives freely chosen, and returning at fixed periods to their con- stituents. This state shall be and forever remain, as in the design of its founder, sacred to "SOUL LIBERTY," to the rights of conscience, to freedom of thought, of expression and of action, as hereinafter set forth and secured.
2. All men are created free and equal and are endowed by their Creator with certain natural, inherent and inalienable rights, among
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which are life, liberty, the acquisition of property and the pursuit of happiness. Government cannot create or bestow these rights which are the gift of God, but it is instituted for the stronger and surer de- fence of the same; that men may safely enjoy the rights of life and liberty, securely possess and transmit property, and so far as laws avail may be successful in the pursuit of happiness.
3. All political power and sovereignty are originally vested in and of right belong to the PEOPLE. All free governments are founded in their authority and are established for the greatest good of the whole number. The PEOPLE have therefore an inalienable and indefeasible right in their original, sovereign and unlimited capacity to ordain and institute government, and in the same capacity to alter, reform, or totally change the same, whenever their safety or happiness requires.
4. No favor or disfavor ought to be shown in legislation toward any man, or party, or society, or religious denomination. The laws should be made not for the good of the few, but of the many, and the burdens of the state ought to be fairly distributed among its citizens.
5. The diffusion of useful knowledge and the cultivation of a sound morality in the fear of God being of the first importance in a republican state, and indispensable to the maintenance of its liberty, it shall be an imperative duty of the legislature to promote the estab- lishment of free schools and to assist in the support of public education.
6. Every person in this state ought to find a certain remedy by having recourse to the laws, for all injuries or wrongs which may be done to his rights of person, property or character. He ought to ob- tain right and justice freely and without purchase, completely and without denial, promptly and without delay, conformably to the laws.
7. The right of the people to be secure in their persons, houses, papers and possessions against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but on complaint in writing upon probable cause, supported by oath or affirmation, and describing, as nearly as may be, the place to be searched, and the per- son or things to be seized.
8. No person shall be held to answer to a capital or other infamous charge unless on indictment by a grand jury except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger. No person shall be tried, after an acquittal, for the same crime or offence.
9. Every man being presumed to be innocent until pronounced guilty by the law, all acts of severity that are not necessary to secure an accused person ought to be repressed.
10. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted, and all punishments ought to be proportioned to the offence.
11. All prisoners shall be bailable upon sufficient surety, unless for capital offences, when the proof is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety shall require it.
12. In all criminal prosecutions the accused shall have the privi- lege of a speedy and public trial by an impartial jury; be informed of the nature and cause of the accusation; be confronted with the wit- nesses against him; have compulsory process to obtain them in his favor, and at the public expense, when necessary, have the assistance of counsel in his defence, and be at liberty to speak for himself. Nor shall he be deprived of his life, liberty or property unless by the judg- ment of his peers, or the law of the land.
13. The right of trial by jury shall remain inviolate, and in all criminal cases the jury shall judge both of the law and of the facts.
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14. Any person in this state who may be claimed to be held to labor or service under the laws of any other state, territory or dis- trict, shall be entitled to a jury trial, to ascertain the validity of such claim.
15. No man in a court of common law shall be required to crimi- nate himself.
16. Retrospective laws, civil and criminal, are unjust and oppres- sive, and shall not be made.
17. The people have a right to assemble in a peaceable manner, without molestation or restraint, to consult upon the public welfare; a right to give instructions to their senators and representatives; and a right to apply to those invested with the powers of government for redress of grievances, for the repeal of injurious laws, for the correc- tion of faults of administration, and for all other purposes.
18. The liberty of the press being essential to the security of free- dom in a state, any citizen may publish his sentiments on any sub- ject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, spoken from good motives and for justifiable ends, shall be a sufficient defence to the person charged.
19. Private property shall not be taken for public uses without just compensation; nor unless the public good require it; nor under any circumstances until compensation shall have been made, if required.
20. The military shall always be held in strict subordination to the civil authority.
21. 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 manner to be prescribed by law.
22. Whereas Almighty God hath created the mind free, and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerated ancestors in their migration to this country and their settlement of this state, was, as thev expressed it, to hold forth a lively experiment, that a flourishing civil state may stand, and be best maintained, with full liberty in religious concernments. WE therefore DECLARE that no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor be enforced, restrained, molested or bur- dened in his body or goods, nor disqualified from holding any office, nor otherwise suffer on account of his religious belief; and that all men shall be free to profess, and by argument to maintain, their opin- ions in matters of religion; and that the same shall in no wise dimin- ish, enlarge or affect their civil capacities; and that all other religious rights and privileges of the people of this state as now enjoyed, shall remain inviolate and inviolable.
23. No witness shall be called in question before the legislature, nor in any court of this state, nor before anv magistrate or other per- son authorized to administer an oath or affirmation, for his or her religious belief, or opinions, or any part thereof; and no objection to a witness, on the ground of his or her religious opinions, shall be enter- tained or received.
24. The citizens shall continue to enjoy and freely exercise all the rights of fishery and privileges of the shore to which they have been heretofore entitled under the charter and usages of this state.
25. The enumeration of the foregoing rights shall not be construed to impair nor deny others retained by the people.
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ARTICLE II.
OF ELECTORS AND THE RIGHT OF SUFFRAGE.
1. Every white male citizen of the United States, of the age of twenty-one years, who has resided in this state for one year, and in any town, city or district of the same for six months next preceding the election at which he offers to vote, shall be an elector of all officers who are elected or may hereafter be made eligible by the people. But persons in the military, naval or marine service of the United States shall not be considered as having such established residence by being stationed in any garrison, barrack or military .place in any town or city in this state.
2. Paupers and persons under guardianship, insane or lunatic are excluded from the electoral right; and the same shall be forfeited on conviction of bribery, forgery, perjury, theft, or other infamous crime; and shall not be restored unless by an act of the General Assembly.
3. No person who is excluded from voting for want of the qualifi- cation first named in section first of this article, shall be taxed or be liable to do military duty; provided that nothing in said first article shall be so construed as to exempt from taxation any property or per- sons now liable to be taxed.
4. No elector who is not possessed of and assessed for ratable prop- erty in his own right to the amount of one hundred and fifty dollars, or who shall have neglected or refused to pay any tax assessed upon him in any town, city or district for one year preceding the town, city, ward or district meeting at which he shall offer to vote, shall be en- titled to vote on any question of taxation, or the expenditure of any public moneys in such town, city or district, until the same be paid.
5. In the city of Providence and other cities no person shall be eligible to the office of mayor, alderman or common councilman, who is not taxed or who shall have neglected or refused to pay his tax, as provided in the preceding section.
6. The voting for all officers chosen by the people, except town or city officers, shall be by ballot; that is to say, by depositing a written or printed ticket in the ballot box, without the name of the voter writ- ten thereon. Town or city officers shall be chosen by ballot, on the demand of any two persons entitled to vote for the same.
7. There shall be a strict registration of all qualified voters in the towns and cities of the state; and no person shall be permitted to vote whose name has not been entered upon the list of voters before the polls are opened.
8. The General Assembly shall pass all necessary laws for the pre- vention of fraudulent voting by persons not having an actual per- manent residence or home in the state, or otherwise disqualified according to this constitution; for the careful registration of all voters, previously to the time of voting; for the prevention of frauds upon the ballot box; for the preservation of the purity of elections; and for the safe keeping and accurate counting of the votes; to the end that the will of the people may be freely and fully expressed, truly ascertained and effectuatly exerted, without intimidation, suppression or unneces- sary delay.
9. The electors shall be exempted from arrest on days of election and one day before and one day after the same, except in cases of treason, felony or breach of the peace.
10. No person shall be eligible to any office by the votes of the people who does not possess the qualifications of an elector.
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ARTICLE III.
OF THE DISTRIBUTION OF POWERS.
1. The powers of the government shall be distributed into three departments, the legislative, the executive and the judicial.
2. No person or persons connected with one of these departments shall exercise any of the powers belonging to either of the others, except in cases herein directed or permitted.
ARTICLE IV.
OF THE LEGISLATIVE DEPARTMENT.
1. The legislative power shall be vested in two distinct houses, the one to be called the house of representatives, the other the senate, and both together the General Assembly. The concurrent votes of the two houses shall be necessary to the enactment of laws; and the style of their laws shall be-Be it enacted by the General Assembly as follows.
2. No member of the General Assembly shall be eligible to any civil office under the authority of the state during the term' for which he shall have been elected.
3. If any representative or senator in the General Assembly of this state shall be appointed to any office under the government of the United States, and shall accept the same after his election as such senator or representative, his seat shall thereby become vacant.
4. Any person who holds an office under the government of the United States may be elected a member of the General Assembly and may hold his seat therein if at the time of taking his seat he shall have resigned said office, and shall declare the same on oath or affirmation, if required.
5. No member of the General Assembly shall take any fees, be of counsel, or act as advocate in any case pending before either branch of the General Assembly, under penalty of forfeiting his seat upon due proof thereof.
6. Each house shall judge of the election and qualifications of its members; and a majority of all the members of each house, whom the towns and senatorial districts are entitled to elect, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may have pre- viously prescribed.
7. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the members elected, expel a member; but not a second time for the same cause.
8. Each house shall keep a journal of its proceedings, and publish the same when required by one-fifth of its members. The yeas and nays of the members of either house shall, at the desire of any five members present, be entered on the journal.
9. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that at which the General Assembly is holding its session.
10. The senators and representatives shall in all cases of civil process be privileged from arrest during the session of the General Assembly, and for two days before the commencement and two days after the termination of any session thereof. For any speech in debate in either house no member shall be called in question in any other place.
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11. The civil and military officers heretofore elected in grand committee shall hereafter be elected annually by the General Assem- bly in joint committee, composed of the two houses of the General Assembly, excepting as is otherwise provided in this constitution, and excepting the captains and subalterns of the militia who shall be elected by the ballots of the members composing their respective companies, in such manner as the General Assembly may prescribe; and such officers so elected shall be approved of and commissioned by the governor, who shall determine their rank, and if said compa- nies shall neglect or refuse to make such elections after being duly notified, then the governor shall appoint suitable persons to fill such offices.
12. Every bill and every resolution requiring the concurrence of the two houses (votes of adjournment accepted) which shall have passed both houses of the General Assembly, shall be presented to the governor for his revision. . If he approve of it he shall sign and transmit the same to the secretary of state, but if not he shall return it to the house in which it shall have originated, with his objections thereto which shall be entered at large on their journal. The house shall then proceed to reconsider the bill; and if after such reconsidera- tion that house shall pass it by a majority of all the members elected, it shall be sent with the objections to the other house which shall also reconsider it; and if approved by that house by a majority of all the members elected it shall become a law. If the bill shall not be returned by the governor within forty-eight hours (Sundays excepted) after it shall have been presented to him, the same shall be- come a law, in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law.
13. There shall be two sessions of the General Assembly in every year; one session to be held at Newport, on the first Tuesday of June, for the organization of the government, the election of officers, and for other business; and one other session on the first Tuesday of Jan- uary, to be held at Providence, in the first year after the adoption of this constitution and in every second year thereafter. In the inter- mediate years the January session shall be forever hereafter held in the counties of Washington, Kent, or Bristol, as the General Assem- bly may determine before their adjournment in June.
ARTICLE V.
OF THE HOUSE OF REPRESENTATIVES.
1. The house of representatives shall consist of members chosen by the electors in the several towns and cities in their respective town and ward meetings annually.
2. The towns and cities shall severally be entitled to elect mem- bers according to the apportionment which follows, viz: Newport to elect five; Warwick, four; Smithfield, five; Cumberland, North Provi- dence and Scituate, three; Portsmouth, Westerly, New Shoreham, North Kingstown, South Kingstown, East Greenwich, Glocester, West Greenwich, Coventry, Exeter, Bristol, Tiverton, Little Comp- ton, Warren, Richmond, Cranston, Charlestown, Hopkinton, Johns- ton, Foster and Burrillville to elect two; and Jamestown, Middletown and Barrington to elect one.
3. In the city of Providence there shall be six representative dis- tricts, which shall be the six wards of said city. And the electors resident in said districts for the term of three months next preceding the election at which they offer to vote, shall be entitled to elect two representatives for each district.
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4. The General Assembly in case of great inequality in the popu- lation of the wards of the city of Providence, may cause the bounda- ries of the six representative districts therein to be so altered as to include in each district as nearly as may be, an equal number of in- habitants.
5. The house of representatives shall have authority to elect their own speaker, clerks and other officers. The oath of office shall be administered to the speaker by the secretary of state, or, in his absence, by the attorney-general.
6. Whenever the seat of a member of the house of representatives shall be vacated by death, resignation, or otherwise, the vacancy may be filled by a new election.
ARTICLE VI.
OF THE SENATE.
1. The state shall be divided into twelve senatorial districts; and each district shall be entitled to one senator, who shall be annually chosen by the electors in his district.
2. The first, second and third representative districts in the city of Providence shall constitute the first senatorial district; the fourth, fifth and sixth representative districts in said city the second district; the town of Smithfield the third district; the towns of North Provi- dence and Cumberland the fourth district; the towns of Scituate, Glocester, Burrillville and Johnston the fifth district; the towns of Warwick and Cranston the sixth district; the towns of East Green- wich, West Greenwich, Coventry and Foster the seventh district; the towns of Newport, Jamestown and New Shoreham the eighth dis- trict; the towns of Portsmouth, Middletown, Tiverton and Little Compton the ninth district; the towns of North Kingstown and South Kingstown the tenth district; the towns of Westerly, Charlestown, Exeter, Richmond and Hopkinton the eleventh district; the towns of Bristol, Warren and Barrington the twelfth district.
3. The lieutenant-governor, shall be by virtue of his office, presi- dent of the senate; and shall have a right, in case of an equal division to vote in the same, and also to vote in joint committe of the two houses.
4. When the government shall be administered. by the lieutenant- governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members president of the same.
5. Vacancies in the senate occasioned by death, resignation or otherwise, may be filled by a new election.
6. The secretary of state shall be, by virtue of his office, secretary of the senate.
ARTICLE VII.
OF IMPEACHMENTS.
1. The house of representatives shall have the sole power of im- peachment.
2. All impeachments shall be tried by the senate; and when sitting for that purpose they shall be on 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-justice of the supreme court 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 judgments in such cases shall not
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extend further than removal from office. The party convicted shall nevertheless be liable to indictment, trial and punishment, according to law.
ARTICLE VIII.
OF THE EXECUTIVE DEPARTMENT.
1. The chief executive power of this state, shall be vested in a governor who shall be chosen by the electors, and shall hold his office for one year and until his successor be duly qualified.
2. No person holding any office or place under the United States, this state, any other of the United States, or any foreign power, shall exercise the office of governor.
3. He shall take care that the laws are faithfully executed.
4. He shall be commander-in-chief of the military and naval forces of the state, except when called into the actual service of the United States ; but he shall not march nor convey any of the citizens out of the state without their consent, or that of the General Assembly, un- less it shall become necessary in order to march or transport them from one part of the state to another, for the defence thereof.
5. He shall appoint all civil and military officers whose appoint- ment is not by this constitution, or shall not, by law, be otherwise provided for.
6. He shall from time to time inform the General Assembly of the condition of the state, and recommend to their consideration such measures as he may deem expedient.
7." He may require from any military officer or any officer in the executive department, information upon any subject relating to the duties of his office.
8. He shall have power to remit forfeitures and penalties, and to grant reprieves, commutation of punishments and pardons after con- viction, except in cases of impeachment.
9. The governor shall at stated times receive for his services a compensation, which shall not be increased nor diminished during his- continuance in office.
10. There shall be elected in the same manner as is provided for the election of governor, a lieutenant-governor, who shall continue in office for the same term of time. Whenever the office of governor shall become vacant by death, resignation, removal from office or - otherwise, the lieutenant-governor shall exercise the office of governor until another governor shall be duly qualified.
11. Whenever the offices of governor and lieutenant-governor shall both become vacant by death, resignation, removal from office, or otherwise, the president of the senate shall exercise the office of governor until a governor be duly qualified; and should such vacancies occur during a recess of the General Assembly, and there be no presi- ident of the senate, the secretary of state shall by proclamation con- vene the senate, that a president may be chosen to exercise the office of governor.
12. Whenever the lieutenant-governor or president of the senate shall exercise the office of governor, he shall receive the compensation of governor only; and his duties as president of the senate shall cease while he shall continue to act as governor; and the senate shall fill the vacancy by an election from their own body.
13. In case of a disagreement between the two houses of the Gen- eral Assembly respecting the time or place of adjournment, the person exercising the office of governor may adjourn them to such time or place as he shall think proper; provided, that the time of adjournment shall not be extended beyond the first day of the next stated session.
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14. The person exercising the office of governor may, in cases of special necessity convene the General Assembly at any town or city in this state, at any other time than herein before provided. And, in case of danger from the prevalence of epidemic or contagious diseases, or from other circumstances in the place in which the General As- sembly are next to meet, he may by proclamation convene the Assem- bly at any other place within the state.
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