to such county, at the same time and un- 

 der the same regulations, as are now pro- 

 vided for the election of councillors. And 

 the person or persons, equal in number, 

 to the number of senators apportioned to 

 such county, having the greatest number 

 of legal votes in such county respectively, 

 shall be the senator or senators of such 

 county. At every election of senators, 

 after the votes shall have been taken, the 

 constable or presiding officer, assisted by 

 the selectmen and civil authority present, 

 eiiall sort and count the said votes, and 

 make two lists of the names, of each per- 

 son, with the number of votes given for 

 each annexed to his name, a record of 

 which shall be made in the town clerk's 

 office, and shall seal up said lists, sepa- 

 rately, and write, on each, tlie 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, witiiin 

 ton days, deliver to the clerk of the county 

 court, for the same county, and the clerk 

 of eacli county court, respectively, or in 

 case of his absence or disability, the sher- 

 iff of such count}', or in case of the ab- 

 eence 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 

 sucii county court, a copy of which he 

 shall transmit to the senate ; and shall al- 

 so, within ten days thereafter, transmit to 

 the person or persons elected, a certificate 

 of his or their election. Provided, how- 

 ever, that the general assembly shall 

 have power to regulate by law, the mode 

 of ballotting for senators, within the sev- 

 eral counties, and to prescribe the means, 

 and the manner by which the result of 

 the ballotting shall be ascertained, and 

 through whicii the senators, chosen, shall 

 be certified of their election, and for fill- 

 ing all vacancies in the senate, which 

 shall happen by deatli, resignation, or oth- 

 erwise. But they shall not have power 

 to apportion the senators to the several 

 counties, otherwise than according to the 

 population thereof, agreeably to the pro- 

 visions, herein before ordained. 



Art. 6. The senate shall have the like 

 powers to decide on the election and quali- 

 fications of, and to expel any of its mem- 

 bers, make its own rules, and ajipoint its 

 own officers, as are incident to, or are pos- 

 sessed by, the house of representatives. 



A majority shall constitute a quorum. 

 The lieutenant governor shall be presi- 

 dent of the senate, except when he shall 

 exercise the office of governor, or when 

 his office shall be vacant, or in his ab- 

 sence ; in which cases, the senate shall 

 appoint one of its own members to bo 

 president of the senate, pro tempore. And 

 the president of the senate shall have a 

 casting vote, but no other. 



Art. 7. The senate shall have tho 

 sole power of trying and deciding upon 

 all impeachments; — when sitting for that 

 purpose, they shall be on oath, or affirma- 

 tion, and no person shall be convicted, 

 without the concurrence of two thirds of 

 the members present. Judgment, in cases 

 of impeachment, shall not extend farther, 

 than to removal from office, and disquali- 

 fication to hold or enjoy any office of hon- 

 or, or profit, or trust, under this state. 

 But the ])arty convicted, shall, neverthe- 

 less, be liable, and subject to indictment, 

 trial, judgment, and punishment, accord- 

 ing to law. 



Art. 8. The supreme executive pow- 

 er of the slate, shall he exercised by the 

 governor, or in case of his absence or dis- 

 ability, 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 constitu- 

 tion, as at present established, excepting 

 that he shall not sit as a judge, in case of 

 impeachment, nor grant reprieve, or par- 

 don, in any such case ; nor shall he com- 

 mand 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 military affairs, to be by him ap- 

 pointed during pleasure, whose services 

 he may at all times command ; and for 

 whose compensation, provision shall be 

 made by law. 



Art. 9. The votes for governor, lieu- 

 tenant governor, and treasurer of the 

 state, shall be sorted and counted, and 

 the result declared by a committee, ap- 

 pointed by the senate and house of repre- 

 sentatives. If, at any time, there shall 

 be no election, by the freemen, of gover- 

 nor, lieutenant governor, or treasurer of 

 the state, the senate and house of repre- 

 sentatives 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. 



Art. 10. The secretary of state, and 



