USA > Rhode Island > A short history of Rhode Island > Part 22
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15. A secretary of state, a general treasurer and an attorney-gen- eral shall also be chosen annually, in the same manner and for the same time as is herein provided respecting the governor. The duties of these offices shall be the same as are now or may hereafter be pre- scribed by law. Should there be a failure to choose either of them, or should a vacancy occur in either of their offices, the General Assembly shall fill the place by an election in joint committee.
16. The electors in each county shall, at the annual elections, vote for an inhabitant of the county to be sheriff of said county for one year and until a successor be duly qualified. In case no person shall have a majority of the electoral votes of his county for sheriff, the General Assembly, in joint committee, shall elect a sheriff from the two candidates, who shall have the greatest number of votes in such county.
17. All commissions shall be in the name of the State of Rhode Island and Providence Plantations, sealed with the seal of the state, and attested by the secretary.
ARTICLE IX.
GENERAL
PROVISIONS ..
1. This constitution shall be the supreme law of the state, and all laws contrary to or inconsistent with the same which may be passed by the General Assembly shall be null and void.
2. The General Assembly shall pass all necessary laws for carrying this constitution into effect.
3. The judges of all the courts, and all other officers, both civil and military, shall be bound by oatlı or affirmation to the due obser- vance of this constitution and of the constitution of the United States.
4. No jurisdiction shall hereafter be entertained by the General Assembly in cases of insolvency, divorce, sale of real estate of minors, or appeal from judicial decisions, nor in any other matters appertain- ing to the jurisdiction of judges and courts of law. But the General Assembly shall confer upon the courts of the state all necessary pow- ers for affording relief in the cases herein named; and the General Assembly shall exercise all other jurisdiction and authority which they have heretofore entertained, and which is not prohibited by, or repugnant to this constitution.
5. The General Assembly shall from time to time cause estimates to be made of the ratable property of the state, in order to the equita- ble apportionment of state taxes.
6. Whenever a direct tax is laid by the state, one-sixth part thereof shall be assessed on the polls of the qualified electors, provided that the tax on a poll shall never exceed the sum of fifty cents, and that all persons who actually perform military duty, or duty in the fire depart- ment, shall be exempted from said poll tax.
7. The General Assembly shall have no power hereafter to incur state debts to an amount exceeding the sum of fifty thousand dollars, except in time of war, or in case of invasion, without the express consent of the people. Every proposition for such increase shall be
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submitted to the electors at the next annual election, or on some day to be set apart for that purpose, and shall not be farther entertained by the General Assembly, unless it receive the votes of a majority of all the persons voting. This section shall not be construed to refer to any money that now is, or hereafter may be, deposited with this state by the general government.
8. The assent of two-thirds of the members elected to each house of the General Assembly shall be requisite to every bill appropriating the public moneys, or property for local or private purposes; or for creating, continuing, altering or renewing any body politic or corpo- rate, banking corporations excepted.
9. Hereafter when any bill creating, continuing, altering or renew- ing any banking corporation, authorized to issue its promissory notes for circulation shall pass the two houses of the General Assembly, instead of being sent to the governor, it shall be referred to the electors for their consideration at the next annual election, or on some day to be set apart for that purpose, with printed tickets, containing the question, shall said bill (with a brief description thereof) be approved, or not; and if a majority of the electors voting shall vote to approve said bill it shall become a law, otherwise not.
10. All grants of incorporation shall be subject to future acts of the General Assembly, in amendment or repeal thereof, or in any wise affecting the same, and this provision shall be inserted in all acts of incorporation hereafter granted.
11. The General Assembly shall exercise as heretofore a visitorial power over corporations. Three bank commissioners shall be chosen at the June session for one year, to carry out the powers of the Gen- eral Assembly in this respect. And commissioners for the visitation of other corporations, as the General Assembly may deem expedient, shall be chosen at the June session for the same term of office.
12. No city council or other government in any city shall have power to vote any tax upon the inhabitants thereof, excepting the amount necessary to meet the ordinary public expenses in the same, without first submitting the question of an additional tax or taxes to the electors of said city; and a majority of all who vote shall deter- mine the question. But no elector shall be entitled to vote in any city upon any question of taxation thus submitted, unless he shall be qualified by the possession in his own right of ratable property to the amount of one hundred and fifty dollars, and shall have been as- sessed thereon to pay a city tax, and shall have paid the same as provided in section fourth of Article II. Nothing in that article shall be construed as to prevent any elector from voting for town officers, and in the city of Providence and other cities for mayor, aldermen, and members of the common council.
13. The General Assembly shall not pass any law nor cause any act or thing to be done in any way to disturb any of the owners or occupants of land in any territory now under the jurisdiction of any other state or states, the jurisdiction whereof may be ceded to, or decreed to belong to this state; and the inhabitants of such territory shall continue in the full, quiet and undisturbed enjoyment of their titles to the same, without interference in any way on the part of this state.
ARTICLE X. OF ELECTIONS.
1. The election of the governor, lieutenant-governor, secretary of · state, general treasurer, attorney-general, and also of senators and representatives to the General Assembly, and of sheriffs of the coun- ties, shall be held on the third Wednesday of April, annually.
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2. The names of the persons voted for as governor, lieutenant-gov- ernor, secretary of state, general treasurer, attorney-general and sheriffs of the respective counties, shall be put upon one ticket ; and the tickets shall be deposited by the electors in a box by themselves. The names of the persons voted for as senators and as representatives shall be put upon separate tickets, and the tickets shall be deposited in separate boxes. The polls for all the officers named in this section shall be opened at the same time.
3. All the votes given for governor, lieutenant-governor, secretary of state, general treasurer, attorney-general, sheriffs, and also for senators shall remain in the ballot boxes till the polls be closed. These votes shall then, in open town and ward meetings, and in the pres- ence of at least ten qualified voters, be taken out and sealed up in separate envelopes by the moderators and town clerks and by the wardens and ward clerks, who shall certify the same and forthwith deliver or send them to the secretary of state, whose duty it shall be securely to keep the same, and to deliver the votes for state officers. and sheriffs to the speaker of the house of representatives after the house shall be organized at the June session of the General Assembly. The votes last named shall, without delay, be opened, counted and declared in such manner as the house of representatives shall direct, and the oath of office shall be administered to the persons who shall be declared to be elected by the speaker of the house of representa- tives, and in the presence of the house ; provided that the sheriffs may take their engagement before a senator, judge or justice of the peace. The votes. for senators shall be counted by the governor and secretary of state within seven days from the day of election ; and the governor shall give certificates to the senators who are elected.
4. The boxes containing the votes for representatives to the Gen- eral Assembly in the several towns shall not be opened till the polls for representatives are declared to be closed. The votes shall then be counted by the moderator and clerk, who shall announce the result and give certificates to the persons elected. If there be no election, or not an election of the whole number of representatives to which the town is entitled, the polls for representatives may be reopened, and the like proceedings shall be had until an election shall take place ; provided, however, that an adjournment of the election may be made to a time not exceeding seven days from the first meeting.
5. In the city of Providence and other cities, the polls for repre- sentatives shall be kept open during the whole time of voting for the day; and the votes in the several wards shall be sealed up at the close of the meeting by the wardens and ward clerks, in the presence of at least ten qualified electors, and delivered to the city clerks. The mayor and aldermen of said city or cities shall proceed to count said votes within two days from the day of election; and if no election, or an election of only a portion of the representatives whom the repre- sentative districts are entitled to elect shall have taken place, the mayor and aldermen shall order a new election, to be held not more than ten days from the day of the first election; and so on till the election of representatives shall be completed. Certificates of election shall be furnished to the persons chosen by the city clerks.
6. If there be no choice of a senator or senators at the annual elec- tion, the governor shall issue his warrant to the town and ward clerks of the several towns and cities in the senatorial district or districts that may have failed to elect, requiring them to open town or ward meet- ings for another election, on a day not more than fifteen days beyond the time of counting the votes for senators. If, on the second trial there shall be no choice of a senator or senators the governor shall certify the result to the speaker of the house of representatives; and
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the house of representatives, and as many senators as shall have been chosen, shall forthwith elect, in joint committee, a senator or senators from the two candidates who may receive the highest number of votes in each district.
7. If there be no choice of governor at the annual election, the speaker of the house of representatives shall issue his warrant to the clerks of the several towns and cities requiring them to notify town and ward meetings for another election, on a day to be named by him, not more than thirty nor less than twenty days beyond the time of receiving the report of the committee of the house of representatives, who shall count the votes for governor. If, on this second trial there shall be no choice of a governor, the two houses of the General As- sembly, shall, at their next session, in joint committee elect a gov- ernor from the two candidates having the highest number of votes, to hold his office for the remainder of the political year, and until his suc- cessor be duly qualified.
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8. If there be no choice of governor and lieutenant-governor at the annual election, the same proceedings for the choice of a lieu- tenant-governor shall be had as are directed in the preceding section; provided that the second trial for the election of governor and lieutenant-governor shall be on the same day; and also provided, that if the governor shall be chosen at the annual election and the lieutenant-governor shall not be chosen, then the last named officer shall be elected in joint committee of the two houses from the two candidates having the highest number of votes, without a further ap- peal to the electors. The lieutenant-governor, elected as is provided in this section, shall hold his office as is provided in the preceding section respecting the governor.
9. All town, city and ward meetings for the choice of representa- tives, justices of the peace, sheriffs, senators, state officers, represen- tatives to Congress and electors of president and vice-president, shall be notified by the town, city and ward clerks at least seven days be- fore the same are held.
10. In all elections held by the people under this constitution, a majority of all the electors voting shall be necessary to the choice of the person or persons voted for.
11. The oath or affirmation to be taken by all the officers named in this article shall be the following: You, being elected to the place of governor, lieutenant-governor, secretary of state, general treasurer, attorney-general, or to the places of senators or representatives, or to the office of sheriff or justice of the peace, do solemnly swear, or severally solemnly swear, or affirm, that you will be true and faithful to the State of Rhode Island and Providence Plantations, and that you will support the constitution thereof; that you will support the constitution of the United States, and that you will faithfully and impartially discharge the duties of your aforesaid office to the best of your abilities and understanding-So help you God! or, this affirma- tion you make and give upon the peril of the penalty of perjury.
ARTICLE XI.
OF THE JUDICIARY.
1. The judicial power of this state shall be vested in one supreme court, and in such other courts inferior to the supreme court as the legislature may, from time to time, ordain and establish; and the jurisdiction of the supreme and of all other courts, may, from time to time be regulated by the General Assembly.
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APPENDIX.
2. Chancery powers may be conferred on the supreme court; but no other court exercising chancery powers shall be established in this state, except as is now provided by law.
3. The justices of the supreme court shall be elected in joint committee of the two houses, to hold their offices for one year, and until their places be declared vacant by a resolution to that effect, which shall be voted for by a majority of all the members elected to the house in which it may originate, and be concurred in by the same vote of the other house, without revision by the governor. Such reso- lution 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 the said session, the judge or judges shall hold his or their place or places for another year. But a judge of any court shall be removable from office, if upon impeachment, he shall be found guilty of any official midemeanor.
4. In case of vacancy by the death, resignation, refusal, or inability to serve, or removal from the state of a judge of any court, his place may be filled by the joint committee until the next annual election; when, if elected, he shall hold his office as herein provided.
. 5. The justices of the supreme court shall receive a compensation, which shall not be diminished during their continuance in office.
6. The judges of the courts inferior to the supreme court shall be annually elected in joint committee of the two houses, except as herein provided.
7. There shall be annually elected by each town and by the sev- eral wards in the city of Providence, a sufficient number of justices of the peace or wardens resident therein with such jurisdiction as the General Assembly may prescribe. And said justices or wardens, (except in the towns of New Shoreham and Jamestown) shall be commissioned by the governor.
8. The General Assembly may provide that justices of the peace who are not re-elected, may hold their offices for a time not exceeding ten days beyond the day of the annual election of these officers.
9. The courts of probate in this state, except the supreme court, shall remain as at present established by law, until the General As- sembly shall otherwise prescribe.
ARTICLE XII.
OF EDUCATION.
1. All moneys which now are, or may hereafter be appropriated by the authority of the state to public education, shall be securely invested, and remain a perpetual fund for the maintenance of free schools in this state; and the General Assembly are prohibited from diverting said moneys or fund from this use, and from borrowing, appropriating or using the same or any part thereof for any other purpose, or under any pretence whatsoever. But the income derived from said moneys or fund, shall be annually paid over by the general treasurer to the towns and cities of the state, for the support of said schools in equitable proportions; provided, however, that a portion of said income may, in the discretion of the General Assembly, be added to the principal of said fund.
2. The several towns and cities shall faithfully devote their por- tions of said annual distribution to the support of free schools; and in default thereof shall forfeit their shares of the same to the in- crease of the fund.
3. All charitable donations for the support of free schools and other purposes of public education, shall be received by the General
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Assembly and invested, and applied agreeably to the terms prescribed by the donors, provided the same be not inconsistent with the consti- tution, or with sound public policy; in which case the donation shall not be received.
ARTICLE XIII.
AMENDMENTS.
The General Assembly may propose amendments to this constitu- tion by the vote of a majority of all the members elected to each house. Such propositions shall be published in the newspapers of the state; and printed copies of said propositions shall be sent by the secretary of state, with the names of all the members who shall have voted thereon, with the yeas and nays, to all the town and city clerks in the state; and the said propositions shall be by said clerks inserted in the notices by them issued for warning the next annual town and ward meetings in April; and the town and ward 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 representatives and sen- ators shall be had. If a majority of all the members elected at said annual meetings, present in each house, shall approve any proposition thus made, the same shall be published as before provided and then sent to the electors in the mode provided in the act of approval; and if then approved by a majority of the electors who shall vote in town and ward meetings to be specially convened for that purpose, it shall become a part of the constitution of the state.
ARTICLE XIV.
OF THE ADOPTION OF THE CONSTITUTION.
1. This constitution shall be submitted to the people for their adoption or rejection, on Monday, the 27th day of December next, and on the two succeeding days ; and all persons voting are requested to deposit in the ballot-boxes printed or written tickets in the following form: I am an American citizen, of the age of twenty-one years, and have my permanent residence or home in this state. I am (or not) qualified to vote under the existing laws of this state. I vote for (or against) the constitution formed by the convention of the people, assembled at Providence, and which was proposed to the people by said convention, on the 18th day of November, 1841.
2. Every voter is requested to write his name on the face of his ticket; and every person entitled to vote as aforesaid, who from sick- ness or other causes may be unable to attend and vote in the town or ward meetings, assembled for voting upon said constitution on the days aforesaid, is requested to write his name upon a ticket, and to obtain the signature upon the back of the same of a person who has given his vote as a witness thereto. And the moderator or clerk of any town or ward meeting convened for the purpose aforesaid, shall receive such vote on either of the three days next succeeding the three days before named for voting on said constitution.
3. The citizens of the several towns in this state, and of the several wards in the city of Providence, are requested to hold town and ward meetings on the days appointed and for the purpose afore- said; and also to choose in each town and ward a moderator and clerk to conduct said meetings and receive the votes.
4. The moderators and clerks are required to receive and carefully to keep the votes of all persons qualified to vote as aforesaid, and to make registers of all the persons voting; which, together with the tickets given in by the voters shall be sealed up and returned by said
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moderators and clerks, with certificates signed and sealed by them, to the clerks of the convention of the people, to be by them safely de- posited and kept, and laid before said convention to be counted and declared at their next adjourned meeting on the 12th day of January, 1842.
5. This constitution, except so much thereof as relates to the elec- tion of the officers named in the sixth section of this article, shall, if adopted, go into operation on the first Tuesday in May, in the year one thousand eight hundred and forty-two.,
6. So much of the constitution as relates to the election of officers named in this section, shall go into operation on the Monday before the third Wednesday of April next preceding. The first election under this constitution of governor, lieutenant-governor, secretary of state, general treasurer and attorney-general, of senators and representatives, of sheriffs for the several counties, and of justices of the peace for the several towns and the wards of the city of Providence, shall take place on the Monday aforesaid
7. The electors of the several towns and wards are authorized to as- semble on the day aforesaid, without being notified as is provided in sec- tion ninth of Article X., and without the registration required in section seventh of Article II., and to choose moderators and clerks, and pro- ceed in the election of the officers named in the preceding section.
8. The votes given in at the first election for representatives to the General Assembly and for justices of the peace, shall be counted by the moderators and clerks of the towns and wards chosen as afore- said; and certificates of election shall be furnished by them to the representatives and justices of the peace elected.
9. Said moderators and clerks shall seal up, certify, and transmit to the house of representatives all the votes that may be given in at said first election for governor and state officers, and for senators and sheriffs; and the votes shall be counted as the house of representatives may direct.
10. The speaker of the house of representatives shall, at the first session of the same, qualify himself to administer the oath of office to the members of the house and to other officers, by taking and subscrib- ing the same oath in presence of the house.
11. The first session of the General Assembly shall be held in the city of Providence, on the first Tuesday of May, in the year one thou- sand eight hundred and forty-two, with such adjournments as may be necessary; but all other sessions shall be held as is provided in Article IV. of this Constitution.
12. If any of the representatives whom the towns or districts are entitled to choose, at the first annual election aforesaid, shall not be then elected, or if their places shall become vacant during the year, the same proceedings may be had to complete the election, or to sup- ply vacancies as are directed concerning elections in the preceding sections of this article.
13. If there shall be no election of governor or lieutenant-governor, or of both of these officers, or of a senator or senators at the first annual election, the house of representatives and as many senators as are chosen, shall forthwith elect, in joint committee, a governor or lieutenant-governor, or both, or a senator or senators, to hold their offices for the remainder of the political year, and, in the case of the two officers first named, until their successors shall be duly qualified.
14. If the number of the justices of the peace determined by the several towns and wards on the day of the first annual election shall not be then chosen, or if vacancies shall occur, the same proceedings shall be had as are provided for in this article in the case of a non- election of representatives and senators, or of vacancies in their offices.
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