2.
The constitution of this state was adopted the third day of June, 1790,
to which two amendments have been made, one, ratified December 17,
1808, and the other, December 19, 1816. The powers of the government are
distributed into three branches, the legislative, the executive, and
the judicial.
3. - 1st. The legislative authority is vested in a general assembly, which consists of a senate and house of representatives.
4.
- 1. The senate will be considered with reference to the qualifications
of the electors; the qualifications of the members; the number of
members; the duration of their office, and the time of their election.
1. Every free white man, of the age of twenty-one years, being a citizen
of this state, and having resided therein two years previous to the day
of election, and who hath a freehold of fifty acres of land, or a town
lot, of which he hath been legally seised and possessed, at least six
months before such election, or, not having such freehold or town lot,
hath been a resident in the election district, in which he offers to
give his vote, six mouths before the said election, and hath paid a tax
the preceeding year of three shillings sterling towards the support of
this government, shall have a right to vote for a member or members, to
serve in either branch of the legislature, for the election district in
which he holds such property, or is so resident. 2. No person shall be
eligible to a seat in the senate, unless he is a free white man, of the
age of thirty years and hath been a citizen and resident in this state
five years previous to his election. If a resident in the election
district, he shall not be eligible unless he be legally seised and
possessed in his own right, of a settled freehold estate of the value of
three hundred pounds sterling, clear of debt. If a non-resident in the
election district, he shall not be eligible unless he be legally seised
and possessed in his own right, of a settled freehold estate in the said
district, of the value of one thousand pounds sterling, clear of debt.
3. The senate is composed of one member from each district as now
established for the election of the house of representatives, except the
district formed by the districts of the parishes of St. Philip and St.
Michael, to which shall be allowed two senators as heretofore. Amend. of
Dec. 17, 1808. 4. They are elected for four years. Ibid. 5. The
election takes place on the second Monday in October. Art. 1, s. 10.
5.
- 2. The house of representatives will be considered in the same order
which has been observed in considering the senate. 1. The qualification
of electors are the same as those of electors of senators. 2. No person
shall be eligible to a seat in the house of representatives, unless he
is a free white man, of the age of twenty-one years, and hath been a
citizen and resident in this state three years previous to his election.
If a resident in the election district, he shall not be eligible to a
seat in the house of representatives, unless he be legally seised and
possessed in his own right, of a settled free-hold estate of five
hundred acres of land, and ten negroes; or of a real es-tate, of the
value of one hundred and fifty pounds sterling, clear of debt. If a
non-resident, he shall be legally seised and possessed of a settled
freehold estate therein, of the value of five hundred pounds sterling,
clear of debt. 3. The house consists of one hundred and twenty-four
members. Amend. of Dee. 17, 1808. 4. The members are elected for two
years. Art. l, s. 2 . 5. The election is at the same time that the
election of senators is held.
6. - 2. The executive authority is vested in a governor, and in certain cases, a lieutenant-governor.
7.
- 1. Of the governor. It will be proper to consider his qualifications;
by whom he is to be elected; when to be elected; duration of office;
and his powers and duties. 1. No person shall be eligible to the office
of governor, unless he bath attained the age of thirty years, and hath
resided within this state, and been a citizen thereof, ten years, and
unless he be seised and possessed of a settled estate within the same,
in his own right, of the value of fifteen hundred pounds sterling, clear
of debt. Art. 2, s. 2. 2. He is elected by the senate and house of
representatives jointly, in the house of representatives. Art. 2, sect.
1. 3. He is to be elected whenever a majority of both houses shall be
present. lb. 4. He is elected for two years, and until a new election
shall be made. Ibid. 5. The governor is commander-in-chief of the army
and navy of the state, and of the militia, except when they shall be
called into the actual Service of the United States. He may grant
reprieves and pardons, after conviction, except in cases of impeachment,
and remit fines and forfeitures, unless otherwise directed by law shall
cause the laws to be faithfully executed in mercy - may prohibit the
exportation of provisions, for any time not exceeding thirty days-may
require information from the executive departments - shall recommend
such measures as he may deem necessary, and give the assembly
information as to the condition of the state-may on extraordinary
occasions convene the 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 beyond the fourth Monday in the
mouth of November then next ensuing.
8.
- 2. A lieutenant-governor is to be chosen at the same time, in the
same manner, continue in office for the same period, and be possessed of
the same qualifications as the governor. Art. 2, sect. 3. In case of
the impeachment of the governor, or his removal from office, death,
resignation, or absence from the state, the lieutenant-governor shall
succeed to his office. And in case of the impeachment of the
lieutenant-governor, or his removal from office, death, resignation, or
absence from the state, the president of the senate shall succeed to his
office, till a nomination to those offices respectively shall be made
by the senate and house of representatives, for the remainder of the
time for which the officer so impeached, removed from office, dying,
resigning, or being absent, was elected. Art. 2, s. 5.
9.
- 3. The judicial power shall be vested in such superior and inferior
courts of law and equity, as the legislature shall, from time to time,
direct and establish. The judges of each shall hold their commissions
during good behaviour; and judges of the superior courts shall, at
stated times, receive a compensation for their services, which shall
neither be increased nor diminished during their continuance in office:
but they shall receive no fees or perquisites of office, nor, hold any
other office of profit or trust, under this state, the United States, or
any other power. Art. 3, sect. 1. The judges are required to meet at
such times, and places, as shall be prescribed by the act of the
legislature, and sit for the purpose of hearing and determining all
motions which may be made for new trials, and in arrest of judgment, and
such points of law as may be submitted to them. Amend. of Dec. 19,
1816.
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