USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 28
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SEC. 11. The right of trial by jury shall remain inviolate.
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APPENDIX C.
SEC. 12. Private property shall not be taken for public uses, without just compensation.
SEC. 13. The citizens shall continue to enjoy and freely exercise the rights of fishicry, and all other riglits to which they have herctofore been en- titled under the charter of this State, except as is herein otherwise provided.
SEC. 14. The military shall always be held in strict subordination to the civil authority.
SEC. 15. No soldier sliall, 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.
SEC. 16. The liberty of the press being essential to the security of free- dom in a State, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be a sufficient defence to the person charged.
SEC. 17. 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 purposes, by petition, address, or remonstrance.
SEC. IS. The right of the people to keep and bear arms shall not be in- fringed.
SEC. 19. Slavery shall not be tolerated in this State.
SEC. 20. Whereas Almighty God hath created the mind free, and all attempts to influence it, by temporal punishments or burdens, or by civil in- capacitations, tend to beget habits of hypocrisy and mcanness; and whereas a principal object of our venerable ancestors, in their migrations to this country, and tlicir settlement of this State, was, as they 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, de- clare that no man shall be compelled to frequent or support any religious worship, place, or ministry whatever ; nor enforced, restrained, molested, or burdened in his body or goods, nor disqualified from holding any office, nor otherwise suffer, on account of his religious belief; and that all mic11
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shall be free to profess, and by argument to maintain, their opinion in matters of religion ; and that the same shall in nowise diminish, enlarge, or affect their civil capacities.
SEC. 21. The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people.
ARTICLE II.
Of the Right of Suffrage.
SECTION I. Every person who is now a freeman, and qualified voter, shall continue to be so, so long as he retains the qualifications upon which he was admitted.
SEC. 2. Hereafter, every white male native citizen of the United States, or any territory thereof, of the full age of twenty -one years, who shall have had his actual permanent residence and home in this State for the period of one year, and in the town or city in which he may claim a right to vote six months next preceding the time of voting, and shall be seized in his own right of a freehold real estate in such town or city, of the value at least of one hundred and thirty - four dollars over and above all in- cumbrances, shall, therefrom, have the right to vote in the election of all civil officers, and on all questions in all legal town or ward meetings.
SEC. 3. Every white male native citizen of the United States or any territory thereof, of the full age of twenty -one years, who shall have had his actual permanent residence and home in this State for the period of two years, and in the town or city in which he may claim the right to vote six months next preceding the time of voting, shall have the right to vote in the elec- tion of all civil officers, and on all questions in all legal town or ward meetings : Provided, however, That no person who is not now a freeman shall be allowed to vote upon any motion to impose a tax, or incur expenditures in any town or city, unless he possess the freeliold qualification required by this article, or shall have been taxed upon property valued at least at one hundred and fifty dollars, within one year from the time he may offer to vote, and shall have paid such tax in said town or city.
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APPENDIX C.
SEC. 4. Any white male, native of any foreign country, of the full age of twenty -one years, naturalized in the United States according to law, wlio shall have had his actual permanent residence and home in this State for the period of three years after liis naturalization, and in the town or city in which he may claim the right to vote six months next preceding the time of voting, and shall be seized in his own right of a freehold real estate, in such town or city, of the value at least of one hundred and thirty - four dollars over and above all incumbrances, shall, therefrom, have a right to vote in the election of all civil officers, and in all questions in all town or ward meetings. But no person in the military, naval, marine, or any other service of the United States, shall be considered as having the required residence by reason of being employed in any garrison, barrack, or military or naval Station in this State. And 110 pauper, lunatic, or person non compos mentis, or under guardianship, shall be permitted to vote; nor shall any person convicted of any crime deemed infamous at common law, be per- mitted to exercise that privilege until he be restored thereto by the General Assembly. Persons residing on land ceded by this State to the United States shall not be entitled to exercise the privilege of electors during such residence.
SEC. 5. The General Assembly shall, as soon as may be after the adop- tion of this constitution, provide for the registration of voters; and shall also have full power generally to enact all laws necessary to carry this article into effect, and to prevent abuse and fraud in voting.
SEC. 6. All persons entitled to vote shall be protected from arrest ill civil cases, on the days of election, and on the day preceding and the day following an election.
SEC. 7. In the city of Providence, and all other cities, 110 person shall be 'eligible to the office of mayor, alderman, or common councilman, wlio is not qualified to vote upon a motion to impose a tax or incur expendi- tures as herein provided.
SEC. 8. The General Assembly shall have power to provide, by special or general laws, for the admission of any native male citizen of the United States, or any territory, who shall have had liis permanent residence and home in this State for two years, but who is not otherwise qualified under this article, to vote on such conditions as they may deem proper, except for taxes and expenditures.
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ARTICLE III. Of the Distribution of Powers.
The powers of the government shall be distributed into three distinct branches-the legislative, executive, and judicial.
ARTICLE IV. Of the Legislative Power.
SECTION I. This constitution shall be the supreme law of the State ; and all laws inconsistent therewith shall be void. The General Assembly shall pass all such laws as are necessary to carry this constitution into effect.
SEC. 2. The legislative power, under this constitution, shall be vested in two distinct houses, or branches, each of which shall have a negative on the other : the one to be styled the Senate, the other the House of Repre- sentatives; and both together, the General Assembly. The style of their laws shall be: It is enacted by the General Assembly as follows.
SEC. 3. There shall be one session of the General Assembly holden an- nually at Newport, on the first Tuesday of May; and one other annual session, to be holden on the last Monday of October, once in two years, at South Kingstown; and the intermediate years, alternately at Bristol and East Greenwich; and the adjournment from the October session shall be holden at Providence.
SEC. 4. No member of the General Assembly shall take any fees, or be of counsel in any case pending before either branch of the General Assembly, under penalty of forfeiting his seat, upon due proof thereof to the satisfaction of the branch of which he is a member.
SEC. 5. The person and estate of every member of the General Assem- bly shall be free and exempt from any process in any civil action during the session of the General Assembly, and for two days before the commence- inent and after the termination thereof. And all processes served contrary hereto shall be void. And for any speech in debate, in either House, 110 member shall be questioned in any other place.
SEC. 6. Each House shall be the judge of the elections and qualifications of its members; and a majority shall constitute a quorum to do business ;
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APPENDIX C.
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 prescribe.
SEC. 7. Each House may determine the rules of proceeding, punish con- tempts, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.
SEC. 8. Each House shall keep a journal of its proceedings. The yeas and nays of the members of either House shall, at the desire of one-fifth of those present, be entered on the journal.
SEC. 9. Neither House shall, during a session, without the consent of . the other, adjourn for more than two days, nor to any other place than that in which they may be sitting.
SEC. 10. The General Assembly shall continue to exercise the judicial power, the power of visiting corporations, and all other powers they have heretofore exercised, not inconsistent with this constitution.
SEC. II. The General Assembly shall regulate the compensation of the Governor and other officers elected by general ticket, or by the General As- sembly, and of the members of the General Assembly, subject to the limita- tions contained in this constitution.
SEC. 12. All lotteries shall hereafter be proliibited in this State, except those already authorized by the General Assembly.
SEC. 13. The General Assembly shall have no power, hereafter, to incur State debts to an amount exceeding fifty thousand dollars, except in time of war, or on case of invasion, without the express consent of the people ; nor in any case, without such consent, to pledge the faith of the State for the payment of the obligations of others. This section shall not be construed to refer to any money that may be deposited with this State by the govern- ment of the United States.
SEC. 14. The assent of two-thirds of the members elected to each branchi of the General Assembly shall be required to every bill appropriating the public moneys, or property, for local or private purposes.
SEC. 15. The General Assembly shall, from time to time, provide for making new valuations of property, for the assessment of taxes, in such manner as they may deem best. No direct State tax shall be assessed upon
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the ratable property of the State, before a new estimate of such pricerty be taken.
SEC. 16. Whenever a direct tax is laid by the State, one-s: part thereof shall be assessed on the polls of the qualified electors: pro-el that the tax on a poll shall never, in any one tax, exceed the sum of ffy cents.
SEC. 17. The General Assembly may provide by law for the continu- ance in office of any officers of annual appointment, until other pastas are qualified to take their places.
ARTICLE V.
Of the House of Representatives.
SECTION I. The House of Representatives shall consist of zembers . elected by the electors of the several towns and cities in the respective town and ward meetings. Each town or city having four thousand intesiants, and under six thousand five hundred, shall be entitled to elect three Repre- sentatives ; each town or city having six thousand five hundred inhabitants, and under ten thousand, shall be entitled to elect four Representatives: each town or city having ten thousand inhabitants, and under fourteen thousand, shall be entitled to elect five Representatives; each town or city having fourteen thousand inhabitants, and under eighteen thousand, shall be en- titled to clcct six Representatives; each town or city having eighteen thou- sand inhabitants, and under twenty- two thousand, shall be entitled to elect seven Representatives; each town or city having over twenty -two thousand inhabitants shall be entitled to elect eight Representatives. But no town or city shall be entitled to elect more than eight Representatives, and every town or city shall be entitled to elect two. The representation of the several towns and cities in this State shall be apportioncd agreeable to the last census of the people of the United States preceding the election.
SEC. 2. The House of Representatives shall have authority to elect its Speaker, clerks, and other officers. The oath of office shall be administered by the Secretary of State, or, in his absence, by the Attorney - General. The clerks shall be engaged by the Speaker.
SEC. 3. Whenever the seat of a member of the House of Representatives
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APPENDIX C.
shall be vacated by death, resignation, or otherwise, the vacancy may be filled by a new clection.
SEC. 4. The senior member from the town of Newport, present, shall preside at the organization of the House.
ARTICLE VI. Of the Senate.
SECTION I. The Senate shall consist of nineteen members, to be chosen annually by the majority of electors, by districts. The State shall be divided into sixteen districts, as follows :
First. The town of Newport shall constitute the first senatorial district, and shall be entitled to elect two Senators.
Second. The towns of Portsmouth, Middletown, Tiverton, Little Comp- ton, New Shoreham, and Jamestown shall constitute the second senatorial district, and shall be entitled to elect two Senators.
Third. The city of Providence shall constitute the third senatorial district, and shall be entitled to clect two Senators.
Fourth. The town of Smithfield shall constitute the fourth senatorial dis- trict, and shall be entitled to elect one Senator.
Fifth. The towns of Cumberland and North Providence shall constitute the fifth senatorial district, and shall be entitled to elect one Senator.
Sixth. The towns of Scituate, Cranston, and Johnston shall constitute the sixth senatorial district, and shall be entitled to one Senator.
Seventh. The towns of Glocester, Foster, and Burrillville shall constitute the seventh senatorial district, and shall be entitled to elect one Senator.
Eighth. The town of South Kingstown shall constitute the eighth sena- torial district, and shall be entitled to elect one Senator.
Ninth. The towns of Westerly and Charlestown shall constitute the ninth senatorial district, and shall be entitled to elect one Senator.
Tenth. The towns of Hopkinton and Richmond shall constitute the tentli senatorial district, and shall be entitled to elect one Senator.
Eleventh. The towns of North Kingstown and Excter shall constitute the eleventh senatorial district, and sliall be entitled to elect one Senator.
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Twelfth. The town of Bristol shall constitute the twelfth senatorial dis- trict, and shall be entitled to elect one Senator.
Thirteenth. The towns of Warren and Barrington shall constitute the thir- teenth senatorial district, and shall be entitled to elect one Senator.
Fourteenth. The towns of East Greenwich and West Greenwich shall con- stitute the fourteenth senatorial district, and shall be entitled to elect one Senator.
Fifteenth. The town of Coventry shall constitute the fifteenth senatorial district, and shall be entitled to elect one Senator.
Sixteenth. The town of Warwick shall constitute the sixteenth senatorial district, and shall be entitled to elect one Senator.
And no more than one Senator shall be elected from any town for the same termi, in the second senatorial district.
SEC. 2. The Lieutenant - Governor shall ex - officio be a member of the Senate.
The Secretary of State shall be, by virtue of liis office, Secretary of the Senate, unless otherwise provided by law; and the Senate may elect such other officers as they may deem necessary.
SEC. 3. If, by reason of death, resignation, or absence, there be no Gov- ernor or Lieutenant - Governor present, to preside in the Senate, the Senate shall elect one of their own number to preside, until the Governor or Lieu- tenant - Governor returns, or until one of said offices is filled according to this constitution ; and, until such election is made by the Senate, the Secretary of State shall preside.
ARTICLE VII. Of Impeachments.
SECTION I. The House of Representatives shall have the sole power of impeachment.
SEC. 2. All impeachments shall be tried by the Senate; and when sit- ting 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 su- preme judicial court for the time being, shall preside, with a casting vote in all preliminary questions.
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APPENDIX C.
SEC. 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 party convicted shall, nevertheless, be liable to indictment, trial and punishment, according to law.
ARTICLE VIII. Of the Executive Power.
SECTION I. The chief executive power of this State shall be vested in a Governor.
SEC. 2. The Governor shall take care that the laws be faithfully executed.
SEC. 3. He shall be captain-general and commander-in-chief of the military and naval forces of this State, except when they shall be called into the service of the United States.
SEC. 4. He shall have power to grant reprieves, after conviction, in all cases, except those of impeachment, until the end of the next session of the General Assembly, and no longer.
SEC. 5. The person filling the office of Governor shall preside in the Senate, and in grand committee ; and shall have a right, in case of equal division, to vote; not otherwise.
SEC. 6. He may fill vacancies in office not otherwise provided for by this constitution, or by law, until the same shall be filled by the General Assembly, or the people.
SEC. 7. In case of disagreement between the two Houses of the General Assembly, respecting the time or place of adjournment, certified to him by either, he may adjourn them to such time and place as he shall think proper ; provided that the time of adjournment shall not be extended beyond the day of the next stated session.
SEC. 8. He may, on special emergencies, convene the General Assembly at any town in this State, at any time not provided for by law ; and in case of danger from the prevalence of epidemic or contagious diseases in either of the places in which the General Assembly may by law meet, or to which they may have been adjourned, or from other circumstances, he may, by proclamation, convene said Assembly at any other place within this State.
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SEC. 9. All commissions shall be in the name and by the authority of the State of Rhode Island and Providenee Plantations, sliall be sealed with the State seal, signed by the Governor, and attested by the Secretary.
SEC. 10. In case of the death, resignation, refusal or inability to serve, or removal from office of the Governor, or of his impeachment or absence from the State, the Lieutenant - Governor shall exereise the powers and author- ity appertaining to the office of Governor, until another shall be chosen at the next annual election for Governor, and be duly qualified, or until the Governor, impeached or absent, shall be acquitted or return.
SEC. II. If the offices of Governor and Lieutenant - Governor be both vacant by reason of death, resignation, absence or otherwise, the person en- titled to preside over the Senate for the time being shall, in like manner, administer the government until he be superseded by a Governor or Lieu- tenant - Governor.
SEC. 12. The compensation of the Governor and Lieutenant - Governor shall be established by law, and shall not be diminished during the term for which they were elected.
SEC. 13. The duties and powers of the Secretary, Attorney-General, and General Treasurer shall be the same under this constitution as are 110w established, or from time to time may be prescribed by law.
ARTICLE IX. Of Elections.
SECTION I. The Governor, Lieutenant -Governor, Senators, Representa- tives, Secretary of State, Attorney-General, and General Treasurer shall be elected at the town, eity, or ward meetings, to be holden on the third Wednes- day of April, annually ; and shall severally hold their offices for one year, from the first Tuesday in May next succeeding their election, and until otliers are legally chosen and duly qualified to fill their places.
SEC. 2. The voting for all officers chosen by the people, except town or city officers, sliall be by ballot, in manner to be regulated by law. Town or city officers sliall be chosen by ballot, on demand of any two persons entitled to vote for the same.
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APPENDIX C. .
SEC. 3. The names of the persons voted for as Governor, Lieutenant - Governor, Secretary of State, General Treasurer, and Attorney - General shall be put upon one ticket, and the tickets shall be deposited by the moderator or warden 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 by the moderator or warden in separate boxes. The polls for all the officers named in this seetion shall be opened at the same time.
SEC. 4. All the votes given for Governor, Lieutenant - Governor, Secretary of State, General Treasurer, and Attorney - General, and also for Senators, shall remain in the ballot - boxes till the polls are elosed. These votes shall then, in open town and ward meetings, be taken out and sealed in separate en- velopes by the moderators and town clerks, and by the wardens and ward clerks, who shall eertify 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 general officers to the Speaker of the House of Repre- sentatives, after the House shall be organized, at the May session of the Gen- eral Assembly. The votes last named shall without delay be opened, eounted, and declared, in such manner as the House of Representatives shall direet. Thie votes for Senators sliall 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.
SRC. 5. The votes for Representatives in the several towns, after the polls are declared to be elosed for the same, shall be eounted by the moderators and elerks, who shall announce the result, and give certificates to the persons eleeted. If there be 110 eleetion, or not an election of the whole number of Representatives to which the town is entitled, the polls for Representatives may be re-opened, and the like proceedings shall be had until an election shall take place : provided, however, that an adjournment or adjournments of the election may be made to a time not exceeding seven days from the first meeting.
SEC. 6. 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
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meeting by the wardens and the ward elerks in open ward meeting, and de- livered to the eity elerk. The mayor and aldermen of said eity 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, 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 by the city elerks to the persons chosen.
SEC. 7. If no person shall have a majority of votes for the office of Governor or Lieutenant - Governor, the Senate and House of Representatives, in grand committee, may choose one by ballot from the two persons having the highest number of votes.
SEC. 8. In ease an election of the Secretary of State, Attorney-General, or General Treasurer should fail to be made by the eleetors at their annual election, the vaeaney or vacancies shall be filled by the General Assembly, in grand committee, from the two candidates for such office having the great- est number of the votes of the eleetors. Or, in case of a vacancy in either of said offices from other causes, between the sessions of the General Assem- bly, the Governor shall appoint some person to fill the same until a sueeessor elected by the General Assembly is qualified to aet; 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.
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