the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote: a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states, shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of a choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death, or other constitutional disability, of the president. 2. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president: a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States. ARTICLE 13. If any citizen of the United States shall accept, claim, Citizenship forreceive, or retain any title of nobility or honor, or shall, feited by the acwithout the consent of congress, accept and retain any a foreign powceptance, from present, pension, office, or emolument of any kind what-er, of any title ever, from any emperor, king, prince, or foreign power, of nobility, of such person shall cease to be a citizen of the United States, and shall be incapable of holding any trust or profit under them, or either of them. fice or emolument of any office of kind, &c. Equality of rights. Source of po litical power. CONSTITUTION OF CONNECTICUT. PREAMBLE. THE people of Connecticut, acknowledging, with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights and privileges, which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution, and form of civil government. ARTICLE 1. DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established, WE DECLARE, SECT. 1. That all men, when they form a social compact, are equal in rights; and that no man, or set of men, are entitled to exclusive public emoluments, or privileges, from the community. SECT. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that they Right to alter have, at all times, an undeniable and indefeasible right form of govern- to alter their form of government, in such a manner as they may think expedient. ment. Religious pro fession and worship. Limitation SECT. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or No preference to justify practices inconsistent with the peace and safeto be given by ty of the state.* law to any christian sect. SECT. 4. No preference shall be given by law to any Right to freely christian sect or mode of worship. speak, write and publish sentiments. Liberty of speech or of the press not to be restrained. Libels. Evidence. Right of the jury. SECT. 5. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. SECT. 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. SECT. 7. In all prosecutions or indictments for libels, the truth may be given in evidence; and the jury shall have the right to determine the law and the facts, under the direction of the court. * 3 C. R. 326. seizures. SECT. 8. The people shall be secure in their persons, Security from houses, papers and possessions from unreasonable searches and searches or seizures; and no warrant to search any Restriction as place, or to seize any person or things, shall issue, with- to search warout describing them as nearly as may be, nor without rants. probable cause, supported by oath or affirmation.* cutions. SECT. 9. In all criminal prosecutions, the accused Rights of the shall have a right to be heard by himself, and by coun- accused in sel; to demand the nature and cause of the accusation; criminal proseto be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property, but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment Presentment for life, unless on a presentment or an indictment of a of a grand jury, grand jury; except in the land or naval forces, or in the when necessa militia, when in actual service, in time of war, or public 1y. danger.† SECT. 10. No person shall be arrested, detained or Security from punished, except in cases clearly warranted by law.‡ arrest, &c. SECT. 11. The property of no person shall be taken Right of private for public use, without just compensation therefor. property. SECT. 12. All courts shall be open, and every person, Right of redress for an injury done him in his person, property or reputafor injuries. tion, shall have remedy by due course of law, and right and justice administered, without sale, denial or delay. SECT. 13. Excessive bail shall not be required, nor Excessive bail excessive fines imposed. or fines, not to be required. Prisoners, in SECT. 14. All prisoners shall, before conviction, be bailable, by sufficient sureties, except for capital offen- what cases bailces, where the proof is evident, or the presumption able. great; and the privileges of the writ of habeas corpus Writ of habeas shall not be suspended, unless when in case of rebellion corpus. or invasion, the public safety may require it; nor in any case, but by the legislature. SECT. 15. No person shall be attainted of treason or No attainder of felony, by the legislature. treason or felo ny. SECT. 16. The citizens have a right, in a peaceable Right of the manner, to assemble for their common good, and to citizens to asapply to those invested with the powers of government, for redress of grievances, or other proper purposes, by redress of griev. petition, address or remonstrance. semble; and to petition for a ances. SECT. 17. Every citizen has a right to bear arms in Right to bear defence of himself and the state. arms. Subordination SECT. 18. The military shall, in all cases, and at all of the military times, be in strict subordination to the civil power. 4 C. R. 118. 1 C. R. 40. + 3 C. R. 112. #9 C. R. 436. to the civil power. Quartering of soldiers. No hereditary emoluments. Trial by jury. powers. SECT. 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. SECT. 20. No hereditary emoluments, privileges or honors, shall ever be granted, or conferred, in this state. SECT. 21. The right of trial by jury shall remain inviolate.* ARTICLE 2. OF THE DISTRIBUTION OF POWERS. The powers of government shall be divided into three Distribution of distinct departments, and each of them confided to a separate magistracy-to wit-those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.† Legislative powers vested ARTICLE 3. OF THE LEGISLATIVE DEPARTMENT. SECT. 1. The legislative power of this state shall be vested in two distinct houses or branches; the one to be in two houses. styled THE SENATE, the other THE HOUSE OF REPRESENTATIVES, and both together THE GENERAL ASSEMBLY. The style of their laws shall be, Be it enacted by the Senate and House of Representatives, in General Assembly convened. General assem.bly. Stated annual .session. Special session. SECT. 2. There shall be one stated session of the general assembly, to be holden in each year, alternately at Hartford and New-Haven, on the first Wednesday of May, and at such other times as the general assembly shall judge necessary; the first session to be holden at Hartford: but the person administering the office of governor, may, on special emergencies, convene the general assembly at either of said places, at any other time. And in case of danger from the prevalence of place of meet- contagious diseases, in either of said places, or other ing, when, and circumstances, the person administering the office of how, to be de- governor may, by proclamation, convene said assemsignated. bly at any other place in this state. A different House of Re SECT. 3. The house of representatives shall consist presentatives. of electors residing in towns from which they are electNumber of re- ed. The number of representatives from each town presentatives shall be the same as at present practised and allowed. Restriction as In case a new town shall hereafter be incorporated, to new towns. such new town shall be entitled to one representative towns from only; and if such new town shall be made from one or Right of the more towns, the town or towns from which the same which new ones shall be made, shall be entitled to the same number of are made. representatives as at present allowed unless the num ber shall be reduced by the consent of such town or towns. SECT. 4. The senate shall consist of twelve mem- Senate. bers, to be chosen annually by the electors. SECT. 5. At the meeting of electors, held in the sev- Election of seneral towns in this state, in April annually, after the elec-ators. tion of representatives, the electors present shall be called upon to bring in their written ballots for senators. The presiding officer shall receive the votes of the electors, and count and declare them in open meeting. The presiding officer shall also make duplicate lists of Duplicate lists. the persons voted for, and of the number of votes for each, which shall be certified by the presiding officer; one of which lists shall be delivered to the town clerk, and the other, within ten days after said meeting, shall Return of votes. be delivered, under seal, either to the secretary, or to the sheriff of the county in which said town is situated ; which list shall be directed to the secretary, with a superscription expressing the purport of the contents thereof. And each sheriff, who shall receive such votes, shall, within fifteen days after said meeting, deliver them, or cause them to be delivered, to the secretary. SECT. 6. The treasurer, secretary, and controller, for Canvass of the time being, shall canvass the votes publicly. The votes. twelve persons having the greatest number of votes for senators, shall be declared to be elected. But in cases Declaration. where no choice is made by the electors, in consequence Equality of of an equality of votes, the house of representatives votes. shall designate, by ballot, which of the candidates having such equal number of votes, shall be declared to be elected. The return of votes, and the result of the canvass, shall be submitted to the house of representa- Return of votes, tives, and also to the senate, on the first day of the ses- and result to be sion of the general assembly; and each house shall be both houses. the final judge of the election returns and qualifications of its own members. submitted to SECT. 7. The house of representatives, when assem- Officers. bled, shall choose a speaker, clerk, and other officers. The senate shall choose its clerk, and other officers, except the president. A majority of each house shall constitute a quorum to do business; but a smaller num- Quorum. ber may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each house may prescribe. Powers of a smaller num. ber. |