USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 30
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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 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
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shall be allowed to vote whose registry tax for either of the two years next preceding the time of voting is not paid or remitted as hercin provided.
SEC. 4. No person in the military, naval, marine, or any other serviee of the United States shall be considered as having the required residence by reason of being employed in any garrison, barraek, or military or naval station in this state: and no pauper, lunatic, person non compos mentis, person under guardianship, or member of the Narragansett tribe of Indians, shall be permitted to be registered or to vote. Nor shall any person convieted of bribery, or of any crime deemed infamous at common law, be permitted to exercise that privilege, until he be expressly restored thereto by act of the general assembly.
SEC. 5. Persons residing on lands eeded by this state to the United States shall not be entitled to exercise the privilege of eleetors.
SEC. 6. The general assembly shall have full power to provide for a registry of voters, to preseribe the manner of conducting the elections, the form of certifieates, the nature of the evidence to be required in case of a dispute as to the right of any person to vote, and generally to enact all laws necessary to carry this article into effect, and to prevent abuse, cor- ruption and fraud in voting.
ARTICLE III. Of the Distribution of Powers.
The powers of the government shall be distributed into three departments: the legislative, executive and judieial.
ARTICLE IV. Of the Legislative Power.
SECTION I. This constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void. The general assembly shall pass all laws necessary to earry this constitution into effect.
SEc. 2. The legislative power, under this constitution, shall be vested in two houses, the one to be called the senate, the other the house of repre-
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sentatives; and both together, the general assembly. The concurrence of the two houses shall be necessary to the enactment of laws. The style of their laws shall be, It is enacted by the general assembly as follow's :
SEC. 3. There shall be two sessions of the general assembly holden all- nually : one at Newport, on the first Tuesday of May, for the purposes of election and other business; the other on the last Monday of October, whichi last session shall be holden at Southi Kingstown once in two years, and the intermediate years alternately at Bristol and East Greenwich; and an adjourn- ment from the October session shall be holden annually at Providence.
SEC. 4. No member of the general assembly shall take any fec, or be of counsel, in any case pending before either house of the general assembly, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house of which he is a member.
SEC. 5. The person of every member of the general assembly shall bc exempt from arrest, and his estate from attachment in any civil action, during the session of the general assembly, and two days before the com- mencement and two days after the termination thereof, and all process served contrary liereto shall be void. For any speech in debate in either house, 110 member shall be questioned in any other place.
Src. 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; but a smaller number may adjourn from day to day, and may compel tlie attendance of absent members in such manner, and under such penalties, as may be prescribed by such house or by law. The organization of the two houses may be regulated by law, subject to the limitations contained in this constitution.
SEC. 7. Each house may determine its rules of proceeding, punish con- tempts, punish its members for disorderly behavior, and, with the concur- rence 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.
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SEC. 9. Neither house shall, during a session, without thic 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 powers they have heretofore exercised, unless prohibited in this constitution.
SEC. II. The senators and representatives shall receive the sum of one dollar for every day of attendance, and eight cents per mile for traveling expenses in going to and returning from the general assembly. The general assembly shall regulate the compensation of the governor, and all other offi- cers, subject to the limitations contained in this constitution.
SEC. 12. All lotterics shall hereafter be prohibited in this state, cxcept those already authorized by the general assembly.
SEC. 13. The general assembly shall have no power, hereafter, without the express consent of the people, to incur state debts to an amount exceed- ing fifty thousand dollars, except in time of war, or in case of insurrection or invasion; nor shall they in any case, without such consent, 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 tlic government of the United States.
SEC. 14. The assent of two thirds of the members elected to each house of the general assembly shall be required to every bill appropriating the public money 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. A new estimate of such property shall be taken before the first direct state tax, after the adoption of this constitution, shall be assesscd.
SEC. 16. The general assembly may provide by law for the continuance in office of any officers of annual elcction or appointment, until other per- sons are qualified to take their places.
SEC. 17. Hereafter, when any bill shall be presented to either house of the gencral assembly, to create a corporation for any other than for relig- ious, literary, or charitable purposes, or for a military or fire company, it
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shall be continued until another election of members of the general assembly shall have taken place, and sueh publie notice of the pendency thereof shall be given as may be required by law.
SEC. 18. It shall be the duty of the two houses, upon the request of either, to join in grand committee for the purpose of electing senators in congress, at such times and in such manner as may be prescribed by law for said elections.
ARTICLE V. Of the House of Representatives.
SECTION 1. The house of representatives shall never exeeed seventy- two members, and shall be constituted on the basis of population, always allowing one representative for a fraction exceeding half the ratio; but each town or city shall always be entitled to at least one member; and no town or city shall have more than one sixth of the whole number of members to which the house is hereby limited. The present ratio shall be one repre- sentative to every fifteen hundred and thirty inhabitants, and the general assembly may, after any new census taken by the authority of the United States or of this state, re-apportion the representation by altering the ratio; but no town or eity shall be divided into distriets for the choice of repre- sentatives.
SEC. 2. The house of representatives shall have authority to elect its speaker, clerks and otlier offieers. The senior member from the town of Newport, if any be present, shall preside in the organization of the house.
ARTICLE VI. Of the Senate.
SECTION I. The senate shall consist of the lieutenant -governor and of one senator from eaeh town or city in the state.
SEC. 2. The governor, and in his absence the lieutenant-governor, shall preside in the senate and in grand committee. The presiding offieer of the senate and grand committee shall have a right to vote in case of cqual division, but not otherwise.
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SEC. 3. If, by reason of death, resignation, absence, or other cause, there be 110 governor or lieutenant - governor present, to preside in the senate, the senate shall elect one of their own members to preside during such absence or vacancy ; and until such election is made by the senate, the secretary of state shall preside.
SEC. 4. The secretary of state shall, by virtue of his office, be secretary of the senate, unless otherwise provided by law, and the senate may elect such other officers as they may deem necessary.
ARTICLE VII. Of the Executive Power.
SECTION I. The chief executive power of this state shall be vested in a governor, who, together with a lieutenant -governor, shall be annually elected by the people.
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.
SEC. 5. 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 by the people.
SEC. 6. 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. 7. He may, on extraordinary occasions, convene the general assemi- bly at any town or city in this state, at any time not provided for by law ; and in case of danger from the prevalence of epidemic or contagious disease, in the place in which the general assembly are by law to meet, or to which
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they may have been adjourned, or for other urgent reasons, lic may, by proclamation, convene said assembly at any other place within this state.
SEC. 8. All commissions shall be in the name and by the authority of the state of Rhode Island and Providence Plantations; shall be scaled with thic state seal, signed by the governor, and attested by the secretary.
SEC. 9. In case of vacancy in the office of governor, or his inability to serve, impeachment, or absence from the state, the licutenant -governor shall fill the office of governor, and exercise the powers and authority appertain- ing thereto, until a governor is qualified to act or until the office is filled at the next annual election.
SEc. Io. If the offices of governor and lieutenant -governor bc botlı vacant, by reason of deatlı, resignation, impeachment, absence, or otherwise, the person entitled to preside over the senate for the time being shall in like mamier fill tlic office of governor during such absence or vacancy.
SEC. II. The compensation of the governor and lieutenant - governor shall be established by law, and shall not be diminished during the term for which they are elected.
SEC. 12. The duties and powers of the secretary, attorney-general, and general treasurer shall be the same under this constitution as are now established, or as from time to time may be prescribed by law.
ARTICLE VIII. Of Elections.
SECTION 1. The governor, lieutenant - governor, senators, representatives, secretary of state, attorney-general, and general treasurer shall be elected at the town, city, or ward meetings, to be holden on the first Wednesday of April, annually ; and shall severally hold their offices for one year, from the first Tuesday of May next succeeding, and until others are legally chosen, and duly qualified to fill their places. If elected or qualified after the said first Tuesday of May, they shall hold their offices for the remainder of the political year, and until their successors are qualified to act.
SEC. 2. The voting for governor, lieutenant governor, secretary of state, attorney-general, general treasurer and representative to congress, shall be by
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APPENDIX D.
ballot ; senators and representatives to the general assembly, and town or eity offieers, shall be chosen by ballot, on demand of any seven persons entitled to vote for the same; and in all cases where an election is made by ballot or paper vote, the manner of balloting shall be the same as is now required in voting for general officers, until otherwise preseribed by law.
SEC. 3. The names of the persons voted for as governor, lieutenant - governor, seeretary of state, attorney - general, and general treasurer shall be placed upon one ticket ; and all votes for these officers shall, in open town or ward meetings, be sealed up by the moderators and town clerks and by the wardens and ward elerks, who shall eertify the same and deliver or send them to the secretary of state; whose duty it shall be securely to keep and deliver the same to the grand committee, after the organization of the two houses at the annual May session ; and it shall be thic duty of the two houses at said session, after their organization, upon the request of either house, to join in grand committee, for the purpose of counting and declaring said votes, and of electing other officers.
SEC. 4. The town and ward elerks shall also keep a correct list or register of all persons voting for general offieers, and shall transmit a copy thereof to tlie general assembly, on or before the first day of said May session.
SEC. 5. The ballots for senators and representatives in the several towns shall, in each case, after the polls are declared to be closed, be counted by the moderator, who shall announee the result, and the elerk shall give certifi- cates to the persons elected. If, in any case, there be no election, the polls may be reopened, and the like proceedings shall be liad until an election shall take place : Provided, however, that an adjournment or adjourminents of the election may be made to a time not exceeding seven days from the first meeting.
SEC. 6. In the city of Providence, the polls for scnator and representa- tive shall be kept open during the whole time of voting for the day, and the votes in the several wards shall be scaled up at the elose of the meet- ing by the wardens and ward clerks in open ward meeting, and afterwards delivered to the city clerk. The mayor and aldermen shall procced to count said votes within two days from the day of election ; and if no election of senator and representatives or if an election of only a portion of the repre-
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sentatives shall have taken place, the mayor and aldermen shall order a new election, to be hield not more than ten 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.
SEC. 7. If no person shall have a majority of votes for governor, it shall be thic duty of the grand committec to elect 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 illegality, in which case a new election by the electors throughout the state shall be ordered; and in case 110 person shall have a majority of votes for lieutenant - governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the officc.
SEC. 8. In case an election of the secretary of state, attorney-general, or gencral 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 great- est 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 assem- bly, 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.
SEC. 9. Vacancies from any cause in the senate or house of representa- tives may be filled by a new election.
SEC. 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 thic persons voted for.
ARTICLE IX. Of Qualifications for Office.
SECTION I. No person shall be cligible to any civil office, (except the office of school committee,) unless hie bc a qualified elector for suchi office.
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APPENDIX D.
SEC. 2. Every person shall be disqualified from holding any offiee to which he may have been elected, if he be convicted of having offered, or proeured any other person to offer, any bribe to secure his eleetion, or the election of any other person.
SEC. 3. All general offieers shall take the following engagement before they aet in their respeetive offices, to wit : You being by the free vote of the electors of this State of Rhode Island and Providence Planta- _ tion, 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 dis- charge all the duties of your aforesaid offiee, to the best of your abilities, aeeording to law: So help you God. Or, this affirmation you make and give upon the peril of the penalty of perjury.
SEC. 4. The members of the general assembly, the judges of all the eourts, and all other officers, both eivil and military, shall be bound by oath or affirmation to support this constitution, and the constitution of the United States.
SEC. 5. The oath or affirmation shall be administered to the governor, lieutenant - governor, senators, and representatives, by the seeretary of state, or in his absenee, by the attorney -general. Tlie secretary of state, attorney- general, and general treasurer shall be engaged by the governor, or by a justiee of the supreme court.
SEC 6. No person holding any office under the government of the United States, or of any other state or country, shall act as a general offieer, or as a member of the general assembly, unless at the time of taking his engagement he shall have resigned his offiee under sueh government; and if any general officer, senator, representative, or judge shall, after his elec- tion and engagement, aeeept any appointment under any other government, his office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take depositions or acknowledgment of deeds, or other legal instruments, by the authority of any other state or country.
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ARTICLE X.
Of the Judicial Power.
SECTION 1. The judicial power of this state shall be vested in one su- preme court, and in such inferior courts as the general assembly may, from time to time, ordain and establish.
SEC. 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 pro- vided by law.
SEC. 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 ques- tion of law whenever requested by the governor, or by either house of the general assembly.
SEC. 4. The judges of the supreme court shall be elected by the two houses in grand committee. Each judge shall hold his offices 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 it 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 session, 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.
SEC. 5. In case of vacancy by deatlı, 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 elec- tion, and the judge then clected 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.
SEC. 6. The judges of the supreme court shall receive a compensation for their services, which shall not be diminished during their continuance in office.
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SEC. 7. The towns of New Shoreham and Jamestown may continue to elect their wardens as heretofore. The other towns and the city of Provi- dence 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.
ARTICLE XI. Of Impeachments. 1
SECTION I. The house of representatives shall have the sole power of impeachment. A vote of two thirds of all the members elected shall be re- quired for an impeachment of the governor. Any officer impeached shall thereby be suspended from office until judgment in the case shall have been pronounced.
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- premie court, for the time being, shall preside, with a casting vote in all pre- liminary questions.
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 person convicted shall, nevertheless, be liable to indictment, trial, and punishment, according to law.
ARTICLE XII. Of Education.
SECTION I. The diffusion of knowledge, as well as of virtue among thie 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.
SEC. 2. The money which now is, or which may hereafter be appro- priated by law for the establishment of a permanent fund for the support of
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public schools shall be securely invested, and remain a perpetual fund for that purpose.
SEC. 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 terins prescribed by the donors.
SEC. 4. The general assembly shall make all necessary provisions by law for carrying 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 XIII. Of 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 members 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 warrants or notices by them issned, 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 made, the same shall be published and submitted to the clectors in the mode provided in the 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.
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