2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted.

3. The legislative powers of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives.

4. The representatives shall be chosen annually, by the qualified electors of each county respectively, on the first Tuesday in May; but the several elections may be continued for three days, if, in the opinion of the presiding officer or officers, it shall be necessary, and no longer.

5. No person shall be a representative who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the State two years preceding his election, and the last six months thereof an inhabitant of the county in which he may be chosen; unless he shall have been absent on the public business of the United States, or this State.

6. Within two years after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of the free male inhabitants above twenty-one years of age shall be made, in such manner as may be directed by law. The number of the representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, according to the number of free male inhabitants above the age of twenty-one years in each, and shall never be less than forty, nor greater than one hundred; but no county hereafter erected shall be entitled to a separate representation, until a sufficient number of free male inhabitants above the age of twenty-one years shall be contained within it, to entitle them to one representative, agreeable to the ratio which shall then be established.

7. The senators shall be chosen for four years.

8. Until the first enumeration be made, the senate shall consist of eleven members, and thereafter for every four members added to the house of representatives, one member shall be added to the senate.

9. In choosing the senate, one member at least shall be elected from each county, until the number of counties is equal to the number of senators; after which, when a new county is made, it shall, as to the choice of senators, be considered as being a part of the county or counties from which it shall have been taken.

10. The senate shall be chosen in the following manner: All persons qualified to vote for representatives shall, on the first Tuesday in May, in the present year, and on the same day in every fourth year, forever thereafter, at the place appointed by law for choosing representatives, elect by ballot, by a majority of votes, as many persons as they are entitled to have for representatives for their respective counties, to be electors of the senate.

11. No person shall be chosen an elector who shall not have resided in the State three years next before his election, and who shall not have attained the age of twenty-seven years.

12. The electors of the senate shall meet at such place as shall be appointed for convening the legislature, on the third Tuesday in May, in the present year, and on the same day in every fourth year forever thereafter; and they, or a majority of them so met, shall proceed to elect by ballot, as senators, men of the most wisdom,

experience, and virtue, above twenty-seven years of age, who shall have been residents of the State above two whole years next preceding the election. If on the ballot two or more shall have an equal number of ballots in their favor, by which the choice shall not be determined by the first ballot, then the electors shall again ballot before they separate, in which they shall be confined to the persons who, on the first ballot, shall have had an equal number, and they who shall have the greatest number in their favor on the second ballot shall be accordingly declared and returned duly elected; and if on the second ballot an equal number shall still be in favor of two or more persons, then the election shall be determined by lot between those who have equal numbers; which proceedings of the electors shall be certified under their hands, and returned to the secretary for the time being; to whom shall also be made, by the proper officers, returns of the persons chosen as electors in the respective counties.

13. The electors of senators shall judge of the qualifications and elections of members of their body, and on a contested election shall admit to a seat as an elector such qualified person as shall appear to them to have the greatest number of legal votes in his favor.

14. The electors, immediately on their meeting, and before they proceed to the election of senators, shall take an oath, or affirmation, to elect, without favor, affection, partiality, or prejudice, such person for governor, and such persons for senators, as they in their judgment and conscience believe best qualified for the respective offices.

15. That in case of refusal, death, resignation, disqualification, or removal out of this State, of any senator, the senate shall immediately thereupon, or at their next meeting thereafter, elect, by ballot, in the same manner as the electors are herein directed to choose senators, another person in his place, for the residue of the said term of four years.

16. The general assembly shall meet on the first Monday in November in every year, till the time of their meeting shall be altered by the legislature, unless sooner convened by the governor.

17. Each house shall choose its speaker and other officers, and the senate shall also choose a speaker, pro tempore, when their speaker shall exercise the office of governor.

18. Each house shall judge of the qualifications of its members; contested elections shall be determined by a committee to be selected, formed, and regulated, in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided.

19. Each house may determine the rules of its proceedings, 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. 20. Each house shall keep a journal of its proceedings, and publish them weekly, except such parts of them as may require secrecy, and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.

21. The doors of each house and of committees of the whole shall be open, unless when the business shall be such as ought to be kept

secret.

22. Neither house shall, without the consent of the other, adjourn for more than three days; nor to any other place than that in which the two houses shall be sitting.

23. The members of the general assembly and the electors of the senate shall receive from the public treasury a compensation for their services, which for the present shall be six shillings a day during their attendance on, going to, and returning from the legislature, and the place for choosing the senators; but the same may be increased or diminished by law, if circumstances shall require it, but no alteration shall be made to take effect during the existence of the legislature which shall make such alteration. They shall in all cases, except treason, felony, breach, or surety of the peace, be privileged from arrest during their attendance at the session of the respective houses, and at the place for choosing senators, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

24. No senator or representative shall, during the time for which he shall have been elected, or for.one year afterwards, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during the time such senator or representative was in office: Provided, That no member of the first legislature which shall be assembled under this constitution shall be precluded from being appointed to any office which may have been created during his time of service in the said legislature; and no minister of religious society, member of Congress, or other person holding any office of profit under the United States, or this commonwealth, except attorneys at law, justices of the peace, militia officers, and coroners, shall be a member of either house, during his continuance to act as a minister, in Congress, or in office.

25. When vacancies happen in the house of representatives, the speaker shall issue writs of election to fill such vacancies.

26. All bills for raising revenue shall originate in the house of representatives, but the senate may propose amendments as in other

bills.

27. Each senator, representative, and sheriff shall, before he be permitted to act as such, take an oath, or make affirmation, that he hath not directly or indirectly given or promised any bribe or treat to procure his election to said office, and every person shall be disqualified from serving as a senator, representative, or sheriff, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, or canvassed for the said office.

28. Every bill which shall have passed both houses shall be presented to the governor; if he approve, he shall sign it, but if he shall not approve, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large. upon their journals, and proceed to reconsider it; if after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which likewise it shall be reconsidered, and, if approved by two-thirds of that house, it shall be a law. But in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each house

respectively; if any bill shall not be returned by the governor within ten days, Sundays excepted, after it shall have been presented to him, it shall be 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 be a law, unless sent back within three days after their next meeting.

29. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect be approved by him; or, being disapproved, shall be repassed by twothirds of both houses, according to the rules and limitations prescribed in case of a bill.

ARTICLE II

1. The supreme executive power of this commonwealth shall be vested in a governor.

2. The governor shall be chosen by the electors of the senate, at the same time, at the same place, and in the same manner that they are herein directed to elect senators, and the said electors shall make return of their proceedings in the choice of a governor to the secretary for the time being.

3. The governor shall hold his office during four years from the first of June next ensuing his election.

4. He shall be at least thirty years of age, and have been a citizen and inhabitant of this State at least two years next before his election, unless he shall have been absent on public business of the United States, or of this State.

5. No member of Congress, or person holding any office under the United States, or this State, shall exercise the office of governor.

6. The governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected.

7. He shall be commander-in-chief of the army and navy of this commonwealth, and of the militia, except when they shall be called into the service of the United States.

8. He shall nominate and, by and with the advice and consent of the senate, appoint all officers whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county who shall not have been a citizen or inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

9. The governor shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session.

10. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment; in cases of treason, he shall have power to grant reprieves until the end of the next session of the general assembly, in whom the power of pardoning shall be vested.

11. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices.

12. He shall, from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient.

13. He may, on extraordinary occasions, convene the general assembly, and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months.

14. He shall take care that the laws be faithfully executed.

15. In case of the death or resignation of the governor, or of his removal from office, the speaker of the senate shall exercise the office of governor, until another shall be duly qualified.

16. An attorney-general shall be appointed and commissioned during good behavior; who shall appear for the commonwealth in all criminal prosecutions, and in all civil cases in which the commonwealth shall be interested in any of the superior courts; shall give his opinion when called upon for that purpose by either branch of the legislature, or by the executive, and shall perform such other duties as shall be enjoined him by law.

17. A secretary shall be appointed and commissioned during the governor's continuance in office, if he shall so long behave himself well; he shall keep a fair register of and attest all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law.

ARTICLE III

1. In elections by the citizens, all free male citizens of the age of twenty-one years, having resided in the State two years, or the county in which they offer to vote one year next before the election, shall enjoy the rights of an elector, but no person shall be entitled to vote except in the county in which he shall actually reside at the time of the election.

2. All elections shall be by ballot.

3. Electors shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.

ARTICLE IV

1. The house of representatives shall have the sole power of impeaching.

2. All impeachments shall be tried by the senate; when sitting for that purpose, the senators shall be upon oath or affirmation; no person shall be convicted without the concurrence of two-thirds of the members present.

3. The governor and all other civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases