4th. Civilized persons of Indian descent, not members of any tribe; Provided, that the legislature may at any time extend by law the right of suffrage to persons not herein enumerated, but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election.
Sect. 2. No person under guardianship, non compos mentis, or insane shall be qualified to vote at any election; nor shall any person, convicted of treason or felony, be qualified to vote at any election, unless restored to civil rights.
Sect. 3. All votes shall be given by ballot, except for such township officers as may by law be directed or allowed to be otherwise chosen.
Sect. 4. No person shall be deemed to have lost his residence in this state by reason of absence on business of the United States or of this state.
Sect. 5. No soldier, seaman or marine, in the army or navy of the United States, shall be deemed a resident in this state, in consequence of being stationed within the same.
Sect. 6. Laws may be passed excluding from the right of suffrage all persons who have been, or may be convicted of bribery, or larceny, or any infamous crime, and depriving every person who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, of the right to vote at such election. 4, The fourth article vests the legislative power in a senate and assembly. These will be separately considered, by taking a view, 1. Of the senate. 2. Of the assembly.
5. - §1. The senate. It will be proper to examine, first, the qualification of the senators; secondly, the time of their election; third, the duration of their office fourth, the number of senators.
6. - 1. The senators must have resided one year within the state, and be qualified electors in the district which they may be chosen to represent. Sect. 6.
7. - 2. Senators are elected on the Tuesday following the first Monday of November by the qualified electors of the several districts. One half every year.
8. - 3. They hold their office for two years.
9. - 4. The senate shall consist of a number of members not more than one-third, nor less than one-fourth of the number of the members of the assembly. Sect. 2.
10. - §2. The assembly will be, considered in the same order.
11. - 1. Members of the assembly must have resided one year in the state, and be qualified electors for the district for which they may be chosen.
12. - 2. Members of the assembly are elected at the same time senators are elected.
13. - 3. They are elected annually.
14. - 4. The number of members of the assembly shall never be less than fifty-four nor more than one hundred.
15. The two houses are invested severally with the following powers:
Sect. 7. Each house shall be the judge of the elections, returns and quali-fications of its own members; and a majority of each shall constitute a quorum to do business, 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 provide.
Sect. 8. Each house may determine the rules of its own proceedings, punish for contempts and disorderly behaviour; and, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause.
Sect. 9. Each house shall choose its own officers, and the senate shall choose a temporary president when the lieutenant-governor shall not attend as president, or shall act as governor.
Sect. 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than three days.
16. By the fifth article, the executive power is vested in a governor.
17. - Sect. 1. The executive power shall be vested in a governor, who shall hold his office for two years; a lieutenant governor shall be elected at the same time, and for the same term.
18. - Sect. 2. No person, except a citizen of the United States, and a qua-lified elector of the state, shall be eligible to the office of governor or lieutenant governor.
19. - Sect. 3. The governor and lieutenant governor shall be elected by the qualified electors of the state, at the times and places of choosing members of the legislature. The persons respectively having the highest, number of votes for governor and lieutenant-governor shall be elected, but in case two or more shall have an equal and the highest number of votes for governor or lieutenant-governor, the two houses of the legislature, at its next annual session, shall forthwith, by joint ballot, choose one of the persons so having an equal and the higbest number of votes, for governor or lieutenant governor. The returns of election for governor or lieutenant governor shall be made in such manner as shall be provided by law.
20. - Sect. 4. The governor shall be commander-in-chief of the military. and naval forces of the state. He shall have power to convene the legislature on extra-ordinary occasions; and in case of invasion, or danger from the preva-lence of contagious disease at the seat of government, he may convene them at any other suitable place within the state. He shall communicate to the legislature at every session, the condition of the state; and recommend such matters to them for their consideration as he may deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed.
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