tween the two houses, with respect to adjournment, the governor may adjourn them to such time as he shall think proper.

ARTICLE IV. The senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected, respectively, who are thirty years of age, or upwards, and to be annually elected by the freemen of each county respectively. Each county shall be entitled to one senator at least, and the remainder of the senators shall be apportioned to the several coun. ties according to their population, as the same was ascertained by the last census, taken under the authority of the United Statesregard being always had, in such apportionment, to the counties having the greater fraction. But the several counties shall, until after the next census of the United States, be entitled to elect and have their senators in the following proportion, to wit:

Bennington county, two; Windham county, three ; Rutland county, three; Windsor county, four; Addison county, three; Orange county, three; Washington county, two; Chittenden county, two; Caledonia county, two; Franklin county, three; Orleans county, one ; Essex county, one; Grand Isle county,

one.

The legislature shall make a new apportionment of the senators, to the several counties, after the taking of each census of the United States, or census taken for the purpose of such apportionment, by order of the government of this state, always regarding the above provisions in this article.

ARTICLE V. The freemen of the several towns in each county shall annually give their votes for the senators apportioned to each county, at the same time and under the same regulations as are now provided for the election of councillors. And the person or persons, equal in number to the number of senators apportioned to each county, having the greatest number of legal votes in such county respectively, shall be the senator or senators of such coun

parately, and write on each the name of the town, and these words, «« Votes for senator,” or “Votes for senators,” as the case may be, one of which lists shall be delivered by the presiding officer to the representative of said town (if any), and if none be chosen to the representative of an adjoining town, to be transmitted to the president of the senate; the other list the said presiding officer shall, within ten days, deliver to the clerk of the county court for the same county, and the clerk of each county court respectively, or in case of his absence or disability, the sheriff of such county, or in case of the absence or disability of both, the high bailiff of such county, on the tenth day after such election, shall publicly open, sort, and count said votes, and make a record of the same in the office of the clerk of such county court, a copy of which he shall transmit to the senate; and shall also, within ten days thereafter, transmit to the person or persons elected, a certificate of his or their election. Provided, however, that the general assembly shall have power to regulate by law the mode of balloting for senators within the several counties, and to prescribe the means and the manner by which the result of the balloting shall be ascertained, and through which the senators chosen shall be certified of their election, and for filling all vacancies in the senate which shall happen by death, resignation, or otherwise. But they shall not have power to apportion the senators to the several counties, otherwise than according to the population thereof, agreeably to the provisions herein before ordained.

ARTICLE VI. The senate shall have the like power to decide on the election and qualifications of, and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or are possessed by, the house of representatives. A majority shall constitute a quorum.

The lieutenant-governor shall be president of the senate, except when he shall exercise the office of governor, or when his office shall be vacant, or in his absence; in which cases the senate shall appoint one of its own members to be president of the senate pro tempore. And the president of the senate shall have a casting vote, but no other.

ARTICLE VII. The senate shall have the sole power of trying and deciding upon all impeachments; when sitting for that pur. pose they shall be on oath or affirmation, and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold or enjoy any office of honor, or profit, or trust, under this state. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law.

Article VIII. The supreme executive power of the state shall be exercised by the governor, or in case of his absence or disability, by the lieutenant-governor; who shall have all the powers and perform all the duties vested in, and enjoined upon, the governor and council, by the eleventh and twenty-seventh sections of the second chapter (part the second] of the constitution as at present established, excepting that he shall not sit as a judge in case of impeachment, nor grant a reprieve, or pardon, in any such case, nor shall he command the forces of the state in person, in time of war or insurrection, unless by the advice and consent of the senate, and no longer than they shall approve thereof. The governor may have a secretary of civil and niilitary affairs, to be by him appointed during pleasure, whose services he may at all times command ; and for whose compensation provision shall be made by law.

ARTICLE IX. The votes for governor, lieutenant-governor, and treasurer of the state, shall be sorted and counted, and the result declared by a committee appointed by the senate and house of re. presentatives. If, at any time, there shall be no election by the freemen for governor, lieutenant-governor, or treasurer of the state, the senate and house of representatives shall, by a joint ballot, elect to fill the office, not filled by the freemen as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.

ARTICLE X. The secretary of state, and all officers whose elections are not otherwise provided for, and who, under the existing provisions of the constitution, are elected by the council and house of representatives, shall hereafter be elected by the senate and house of representatives, in joint assembly, at which the presiding officer of the senate shall preside ; and such presiding officer, in such joint assembly, shall have a casting vote, and no other.

ARTICLE XI. Every bill which shall have passed the senate and house of representatives, shall, before it become a law, be presented to the governor: if he approve, he shall sign it; if not, he shall return it, with his objections in writing, to the house in which it shall have originated; which shall proceed to reconsider it. If, upon such reconsideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and if approved by a majority of that house, it shall become a law. But in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor, as aforesaid, within five days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if he had signed it; unless the two houses, by their adjournment within three days after the presentment of such bill, shall prevent its return; in which case it shall not become a law.

ARTICLE XII. The writ of habeas corpus shall, in no case, be suspended. It shall be a writ issuable of right; and the general assembly shall make provision to make it a speedy and effectual remedy in all cases proper therefor.

ARTICLE XIII. Such parts and provisions only of the constitution of this state, established by convention on the 9th day of July, one thousand seven hundred and ninety-three, as are altered or superseded by any of the foregoing amendments, or are repug. nant thereto, shall hereafter cease to have effect.

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