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an ample declaration, and bill of rights. In the course of our enquiries we shall find that fufficient provision has been made for their fecurity, and legal remedies devifed to furnish redrefs when they are infracted.

A queftion of importance has been agitated respecting the pow er of a legiflature, to alter the conftitution of a ftate. But it is generally agreed, that where a conftitution has been framed by the people at large, by convention appointed for that purpose, or by the tacit agreenient of the people, that no legislature has the pow er to alter it, and that the right refts in the people alone. This is a prudent precaution against any attempts in the legislature, to extend their authority, and establish defpotifm. It however retards the progreffive improvement of government, by rendering neceffary a recurrence to the people, to introduce every amend. ment, which experience may prove to be expedient. A constitu tion therefore that is unalterable by the legislature, should contain nothing but the outlines of the government, and leave it to the le giflature to fill up the minuter parts, which will always authorife them to vary it according to the progrefs of improvement.

The conftitution of the state of Connecticut is unalterable by the legislature in every refpect, that is neceffary to its prefervacion, and at the fame time permits the legiflature to make alterations, wherever improvements can be introduced. It is unalterable in thefe refpects, that it cannot be changed from a reprefentative republic; that the people cannot be deprived of the rights of an annual election of one branch of the legislature, and of a femi-annual election of the other that the number of reprefentatives cannot be leffened; that the legislative power cannot be exercised, but in the two branches; that two affemblies must be holden annually. While thefe principles are adhered to, there is not the remoteft danger, that the government will verge to tyranny. But in the executive and judicative departments, and perhaps, in almost every other respect, not enumerated, the legiflature have from time to time, the power of making fach alterations, as wifdom may dictate and the happiness of the people require.

CHAP

CHAPTER SECOND.

OF THE LEGISLATIVE POWER.

THE legislative power is lodged in the General Afiembly, which

is compofed of two branches, called the Governor and Council; and the House of Reprefentatives. To treat of this fubject with clearnefs, I shall distribute it under the following heads. First, to con. fider each branch diftinctly, with their peculiar and separate rules, and cuftoms. Secondly, the mode of election, with the qualifications of electors, and elected. Thirdly, the privileges of the mem bers of affembly. Fourthly, the time, place, and manner of their meeting. Fifthly, their power and jurifdiction, with their rules and cuttoms. Sixthly, their method of making ftatutes, and proceeding in private matters. Seventhly, their adjournment, and diffolution.

I. I am to confider each branch distinctly with their peculiar rules and cuftoms-and

1. Of the Council, which confifts of the governor, the lieute nant-governor, and twelve affiftants. The governor is elected annually by the freemen. He does not constitute a distinct branch, having a negative upon the other two, as in some states; but he is a member of one branch; he is confidered the highest official character in the state, he prefides in the council, he has the power of voting in all matters, and where there is an equi-vote, he has a double vote, or cafting voice. The lieutenant-governor, fits in the council with the right of voting, and in cafe of the death, or absence of the governor, he prefides, with the right of a cafting voice, in cafe of an equi-vote. The twelve councillors, or assistants, are annually elected by the freemen, they fit in the fame apartment with the governor, and lieutenant-governor, and no act can pass but by the major vote. The governor and lieutenant-governor, or either of them, with fix affiftants, conftitute a fufficient number to tranfact business. If the places of the governor and lieutenant-governor be vacant, or they be abfent, the fenior councillor prefides, who with fix affiftants are authorised to proceed in bufinefs. They must take the oath to fupport the conftitution of the United States, and the oaths prefcribed by ftatute.

Statutes, pp 27.

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2. The House of Reprefentatives is compofed of representa tives, elected by the freemen of the feveral towns in the ftate, The freemen of each town have a right to elect one, or two reprepresentatives, to reprefent them in every general aflembly, that is holden. They meet in a separate apartment from the council. Forty members must convene before they can proceed to business. They choose a speaker, who prefides in the houfe, with the privilege of a cafting voice when an equi-vote happens. They choofe a olerk who is fworn, and whofe duty is to make proper entries of all their doings, and tranfmit to the other house all bills, and petitions that ought to be tranfmitted. The members must take the oath to fupport the conftitution, and the oath of reprefentatives prefcribed by ftatute. When the houfe is thus formed, they become vested with certain powers and prerogatives, independent of any fuperior. Their decifions and determinations are examinable in no other court. They may punish their members for misconduct, before the houfe, by paffing a vote of cenfure; by a reprimand of the speaker, by commitment for contempt, or by expulfion. They may examine, hear, and determine any difference that fhall arife about the election of any of their members, and may determine who is, and who is not elected. They may examine the qualifications of the members, and if any perfons are returned, who are not freemen, or who have obtained their election by bribery and corruption, contrary to the ftatute law, they may expel them. They can never expel a member for any act done previously to his clection, unless it be a crime that rendered him ineligible. If a man after his election commit a crime that difqualifies him to be elected, there is a propriety, that the house should have the power to expel him. They have no power to examine, or cenfure a perfon for conduct before his election, that did not difqualify him to be elected. The people have a right to be represented by any perfon not expressly excluded by law; and the house of reprefentatives, cannot judge ref pecting the propriety of their choice, nor throw a ftigma upon The whole power of expulfion is character of the perfon elected. confined to three cafes, misconduct in the house, or the commiffion of crimes that render the perfon ineligible, or bribery and corruption in obtaining the election. In their decifions they are bound to conform

Statutes 27,

the

form to the laws in being. The house have certain ftanding rules and orders, which are read at the opening of every feffion of affembly, that are calculated to introduce regularity in proceeding, de corum in debate, and to fupport the dignity of the house.

II. Of the mode of election, and the qualifications of electors and elected, and f

f. I fhall confider the mode of election. This bufinefs is cotiducted in the meeting of the freemen, in the feveral towns in the ftate, annually in April and September. The conftables of the town warn the meetings, and the votes are to be taken by an affistant or justice of the peace, if any are prefent, otherwife by the conflables i but the practice is in fome towns for the civil authority to take the votes, and in some towns the constables. In the meetings held in the feveral towns in the flate, or the Monday next following the first Tuesday in April, the freemen make choice of the governor, and lieutenant-governor, in the following manner. Every freeman writes on a piece of paper, the name of the perfon for whom he votes, and the fame prefents to the prefiding authority, who, on receiving the fame, fhall in the prefence of the freemen feal them up, and thereon write the name of the town and votes for the govern. or, and in like manner for the lieutenant-governor. The prefiding authority shall either by themselves, or the reprefentatives of the town, convey them to Hartford, and at the election deliver them to those persons who are appointed by the general affembly a committee to receive, fort and count faid votes. The general court of election is holden at Hartford on the fecond Thurf day of May annually, and the perfons who have a majority of votes, are declared to be elected governor, and lieutenant-governor: but in cafe there be not a majority of votes in favour of any perfon, then there is no election by the freemen, and they are to be chofen by the affembly.

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The affiftants are chofen in the following manner. At the freemen's meeting in the feveral towns in the ftate, holden annually on the third Monday of September, every freeman may give in his vote for twenty perfons, their names being fairly VOL. I. written

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Statutes, p. 44. g Ibid p. 44, 45.

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written on a piece of paper, whom he judges qualified to ftand in nomination for election, the May enfuing, which he fhall prefent to the civil authority, or conftables prefent: who fhall enter the names of the perfons voted for, with the number of their votes, a copy of which they fhall fend fealed up, to the general affembly at New-Haven, holden on the fecond Thurfday of October, by the reprefentatives of the town. At which affembly the votes fhall be compared, and the twenty perfons who have the greatest number of yotes, fhall be the perfons whofe names fhall be returned to the feveral towns, as standing in nomination for the next election ; out of which number the twelve affiftants fhall be chofen. At the freemen's meeting, holden in May as before mentioned, every freeman has a right to vote for twelve of the perfons nominated to be affiftants, in the following manner. The prefiding authority are to begin with the perfon who ftands firft in nomination, and the freemen are to bring in their votes on a written piece of paper to them who shall seal them up, and write thereon the names of the perfons voted for, Each freeman having a right to vote for twelve of faid perfons. These votes are to be tranfmitted to Hartford, in the fame manner as votes for the governor; and the twelve persons who fhall have the greatest number of votes, shall be declared to be elected affiftants for the enfuing year.

The representatives are chofen twice a year, at each of the freemen's meetings above mentioned. Each town has a constitutional right to fend one or two, as they think proper, excepting fome towns which have been incorporated fince the revolution, that are restricted to one reprefentative. The method is for every freeman to give his vote to the prefiding authority, by presenting the name of the perfon he votes for, written on a piece of paper, and the perfon who has a majority of votes is declared to be elected.

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* It is not neceffary that the name of the perfon voted for, fhould be written on the paper, but that there should be fome writing on the paper, for if it be blank, it will not be counted. This provifion is faid to have been made for this purpose: If any perfon in nomination fhould be in a freemen's meeting, and any freeman should not incline to vote for him, and at the fame time was unwilling he thould know it, he might give in a blank, and it could not then be known whether he voted for him, or not. This was intended to give the freemen a chance to vote according to their opinions, without being biatled, or overawed by men in office.

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