Qualifications.

Number.

Senators.

Qualifica

tions.

Numbers.

Vacancies.

Biennial meeting.

First meet

ing.

Each

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 three years next preceding the first meeting of the Legislature after his election, and the last year of that term, an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State.

There shall be seven Representatives chosen in each county, until a greater number of Representatives shall by the General Assembly be judged necessary; and then, two-thirds of each branch of the Legislature concurring, they may by law make provision for increasing their number.

SEC. 3. The Senators shall be chosen for four years by the citizens residing in the several counties.

No person shall be a Senator, who shall not have attained to the age of twenty-seven years, and have in the county in which he shall be chosen, a freehold estate in two hundred acres of land, or an estate in real and personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State.

When a

There shall be three Senators chosen in cach county. greater number of Senators shall by the General Assembly be judged necessary, two-thirds of each branch concurring, they may by law make provision for increasing their number; but the number of Senators shall never be greater than one-half, nor less than one-third of the number of Representatives:

If the office of Representative, or the office of Senator, become vacant before the regular expiration of the term thereof, a Representative or a Senator shall be elected to fill such vacancy, and shall hold the office for the residue of said term.

When there is a vacancy in either House of the General Assembly, and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy; which writ shall be executed as a writ issued by the Speaker of either House in case of vacancy.

SEC. 4. The General Assembly shall meet on the first Tuesday of January, biennially, unless sooner convened by the Governor.

The first meeting of the General Assembly, under this amended Constitution, shall be on the first Tuesday of January, in the year of our Lord, one thousand eight hundred and thirty-three, which shall be the commencement of biennial sessions.

SEC. 5. Each House shall choose its Speaker and other officers,

and also each House, whose Speaker shall exercise the office of House, offiGovernor, may choose a Speaker pro tempore.

cers.

SEC. 6. Each House shall judge of the elections, returns, and Powers. qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may ad- Quorum. journ from day to day, and shall be authorised to compel the attendance of absent members, in such manner, and under such penalties, as shall be deemed expedient.

SEC. 7. Each House may determine the rules of its proceedings, Punishing. punish any of its members for disorderly behavior, and with the concurrence of two-thirds expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

SEC. 8. Each House shall keep a journal of its proceedings, and Journals. publish them immediately after every session, except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any member, ce entered on the journal.

SEC. 9. The doors of each House, and of committees of the Open doors. whole, shall be open, unless when the business is such as ought to be kept secret.

ment.

SEC. 10. Neither House shall, without the consent of the other, Adjournadjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

tion and privileges.

SEC. 11. The Senators and Representatives shall receive a com- Compensapensation for their services to be ascertained by law, and paid out of the treasury of the State; but no law varying the compensation shall take effect, till an election of Representatives shall have intervened. They shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any specch or debate in either House, they shall not be questioned in any other place.

from offices.

SEC. 12. No Senator or Representative shall, during the time Exclusion for which he shall have been elected, be appointed to any civil of- of members fice under this State, which shall have been created, or the emoluments of which shall have been increased, during such time. No person concerned in any army or navy contract, no member of DisqualificaCongress, nor any person holding any office under this State or the United States, except the Attorney-general, officers usually appointed by the Courts of Justice respectively, Attorneys at law and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office, be a Senator or Representative.

tions to be members.

SEC. 13. When vacancies happen in either House, writs of elec- Vacancies. tion shall be issued by the Speakers respectively, or in cases of necessity, in such other manner as shall be provided by law; and

Revenue

bills.

Public mo

ney.

State treasurer.

Corporations.

Executive. Governor. Election.

Election returns.

the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected, might have done, if such vacancies had not happened.

SEC. 14. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose alterations as on other bills; and no bill, from the operation of which when passed into a law revenue may incidentally arise, shall be accounted a bill for raising revenue; nor shall any matter or clause whatever, not immediately relating to and necessary for raising revenue, be in any manner blended with or annexed to a bill for raising

revenue.

SEC. 15. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every two years.

SEC. 16. The State Treasurer shall be appointed biennially by the House of Representatives, with the concurrence of the Senate. In case of a vacancy in the office of State Treasurer in the recess of the General Assembly, either through omission of the General Assembly to appoint, or by the death, removed out of the State, resignation, or inability of the State Treasurer, or his failure to give security, the Governor shall fill the vacancy by appointment to continue until the next meeting of the General Assembly. The State Treasurer shall settle his accounts annually with the General Assembly or a committee thereof, which shall be appointed at every biennial session. No person who hath served in the office of State Treasurer, shall be eligible to a seat in either House of the General Assembly until he shall have made a final settlement of his accounts as Treasurer and discharged the balance, if any, due thereon.

SEC. 17. No act of incorporation, except for the renewal of existing corporations, shall be hereafter enacted without the concurrence of two-thirds of each branch of the Legislature, and with a reserved power of revocation by the Legislature; and no act of incorporation which may be hereafter enacted, shall continue in force for a longer period than twenty years, without the re-enactment of the Legislature, unless it be an incorporation for public improvement.

ARTICLE III.

SEC. 1. The Supreme Executive powers of the State shall be vested in a Governor.

SEC. 2. The Governor shall be chosen by the citizens of the State.

The returns of every election for Governor shall be sealed up, and immediately delivered by the returning officers of the several counties to the Speaker of the Senate, or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State, who shall keep the same until a Speaker

of the Senate shall be appointed, to whom they shall be immediately delivered after his appointment, who shall open and publish the same in the presence of the members of both Houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the Prothonotary of each county. The person having the highest number of votes shall be Governor: but if two or more shall be equal in the highest number of votes, the members of the two Houses shall, by joint ballot, choose one of them to be Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote.

Contested elections of a Governor shall be determined by a joint Election concommittee, consisting of one-third of all the members of each branch tested. of the Legislature, to be selected by ballot of the Houses respectively; every person of the committee shall take an oath or affirmation, that in determining the said election, he will faithfully discharge the trust reposed in him: and the committee shall always sit with open doors.

SEC. 3. The Governor shall hold his office during four years Tenure of from the third Tuesday of January next ensuing his election, and office. shall not be eligible a second time to said office.

SEC. 4. He shall be at least thirty years of age, and have been Qualifica a citizen and inhabitant of the United States twelve years next be- tions. fore the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State.

SEC. 5. No member of Congress, nor person holding any office Disqualificaunder the United States or this State, shall exercise the office of tions. Governor.

SEC. 6. The Governor shall, at stated times, receive for his ser- Compensavices an adequate salary, to be fixed by law, which shall be nei- tion. ther increased nor diminished during the period for which he shall have been elected.

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

SEC. 8. He shall appoint all officers whose offices are establish- Appointed by this Constitution, or shall be established by law, and whose ments to of appointments are not herein otherwise provided for; but no person fice. shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabitant therein one year next before his appointment, nor hold the

office longer than he continues to reside in the county. No mem- Incompatible ber of Congress, nor any person holding or exercising any office offices. under the United States, shall at the same time hold or exercise

the office of Judge, Treasurer, Attorney-General, Secretary, Pro

2

Commissions.

Pardon.

Information.

Communica

thonotary, Register for the probate of wills and granting letters of administration, Recorder, Sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold more than one of the following offices at the same time, to wit: Treasurer, AttorneyGeneral, Prothonotary, Register or Sheriff. All commissions shall be in the name of the State, shall be sealed with the Great Seal, and be signed and tested by the Governor.

SEC. 9. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment. He shall set forth in writing, fully, the grounds of all reprieves, pardons and remissions, to be entered in the Register of his official acts, and laid before the General Assembly at their next session.

SEC. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.

SEC. 11. He shall from time to time give to the General Assembly tions to gene information of affairs concerning the State, and recommend to their ral assembly consideration such measures as he shall judge expedient.

Convening

SEC. 12. He may on extraordinary occasions convene the Geneand adjourn- ral 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 three months.

ing general assembly.

Vacancy.

SEC. 13. He shall take care that the laws be faithfully executed.

SEC. 14. Upon any vacancy happening in the office of Governor, by his death, removal, resignation, or inability, the Speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. If there be no Speaker of the Senate, or upon a further vacancy happening in the office by his death, removal, resignation or inability, the Speaker of the House of Representatives shall exercise the office until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die, or become disqualified, before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Governor, there be no other person who can exercise said office within the provisions of the Constitution, the Secretary of State shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect by joint ballot of both Houses a person to exercise the office until a Governor elected by the people shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor elect die, or become disqualified, before the commencement of his term, or refuse to take the office, an election for Governor shall be held at the next general election, unless the vacancy happen within six days next pre