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of justice, respectively, attorneys-at-law, and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office, be a senator or representative.
13. When vacancies happen in either house, writs of election shall be issued by the speakers respectively, or in cases of necessity, in such other manner as shall be provided by law; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected might have done, if such vacancies had not happened. • 14. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose alterations as on other bills; and no bill, from the operations of which, when passed into a law, revenue may incidentally arise, shall be accounted a bill for raising revenue; nor shall any matter or clause whatever, not immediately relating to and necessary for raising revenue, be in any manner blended with or annexed to a bill for raising revenue.
15. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every two years.
16. [The State Treasurer shall be appointed biennially by the House of Representatives, with the concurrence of the Senate. In case of vacancy in the office of State Treasurer in the recess of the General Assembly, either through omission of the General Assembly to appoint, or by the death, removal out of the State, resignation, or inability of the State Treasurer, or his failure to give security, the Governor shall fill the vacancy by appointment, to continue until the pext meeting of the General Assembly. The State Treasurer shall settle his accounts annually with the General Assembly, or a committee thereof, which shall be appointed at every bienniel session. No person who hath served in the office of State Treasurer shall be eligible to a seat in either house of the General Assembly until he shall have made a final settlement of his accounts as treasurer, and discharged the balance, if any due thereon.
17. No act of incorporation, except for the renewal of existing corporations, shall be hereafter enacted without the concurrence of two-thirds of each branch of the Legislature, and with a reserved power of revocation by the Legislature; and no act of incorporation which may be hereafter enacted shall continue in force for a longer period than twenty years, without the re-enactment of the Legislature, unless it be an incorporation for public improvement.]
ARTICLE III. SEC. 1. The supreme executive powers of the State shall be vested in a Governor.
2. The Governor shall be chosen by the citizens of the State. The returns of every election for Governor shall be sealed up, and
immcdiately delivered by the returning officers of the several counties to the Speaker of the Senate, [or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State,] who shall keep the same until a Speaker of the Senate shall be appointed, to whom they shall be immediately delivered after his appointment, who shall open and publish the same in the presence of the members of both houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the prothonotary of each county. The person having the highest number of votes shall be Governor: but if two or more shall be equal in the highest number of votes, the members of the two houses shall, by joint ballot, choose one of them to be Governor : and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote.
Contested elections of a Governor shall be determined by a joint committee, consisting of one-third of all the members of each branch of the Legislature, to be selected by ballot of the house respectively: every person of the committee shall take an oath or affirmation, that
in determining the said election, he will faithfully discharge the 'trust reposed in him: and the committee shall always sit with open doors.
3. The Governor shall hold his office during (four] years from the third Tuesday in January next ensuing his election, and shall not be eligible a second time to said office.]
4. He shall be at least thirty years of age, and ave been a citi. zen and inhabitant of the United States twelve years next before the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State.
5. No member of Congress, nor person holding any office under the United States, or this State shall exercise the office of Governor.
6. The Governor shall, at stated times, receive for his services an adequate salary, to be fixed by law, which shall be neither increased nor diminished during the period for which he shall have been elected.
7. He shall be commander-in-chief of the army and navy of the State, and of the militia ; except when they shall be called into the service of the United States.
8. He shall appoint all officers whose offices are established by this Constitution, or shall be established by law, and whose appointments are not herein otherwise provided for ; but no person shall be appointed to an office within a county, who shall not have a right to vote for representatives, and have been an inhabitant therein one year next before his appointment, nor hold the office longer than he continues to reside in the county. No member of Congress, nor any person holding or exercising any office under the United States, shall at the same time hold or exercise the office of judge, treasurer, attorney-general, secretary, prothonotary, register for the probate of wills and granting letters of administration, recorder, sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold more than one of the following offices at the same time, to wit: treasurer, attorney-general, prothonotary, register, or sheriff. All commissions shall be in the name of the State, shall be sealed with the great seal, and be signed and tested by the Governor.
9. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment. He shall set forth in writing, fully, the grounds of all reprieves, pardons, and remissions, to be entered in the register of his official acts, and laid before the General Assembly at their next session.]
10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.
11. He shall from time to time give to the General Assembly information of affairs concerning the State, and recommend to their consideration such measures as he shall judge expedient.
12. He may, on extraordinary occasions, convene the General Assembly; and in case of disagreement between the two houses with respect to theme of adjournment, adjourn them to such time as he shall think proper, not exceeding three months.
13. He shall take care that the laws be faithfully executed.
14. (Upon any vacancy happening in the office of Governor by his death, removal, resignation, or inability, the Speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. If there be no Speaker of the Senate, or upon a further vacancy hanpening in the office by his death, removal, resignation, or inability the Speaker of the House of Representatives shall exercise the office until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die, or become disqualified, before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Gov. ernor, there be no other person who can exercise said office within the provisions of the Constitution, the Secretary of State shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect, by joint ballot of both houses, a person to exercise the office until a Governor, elected by the people, shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor elect die, or become disqualified, before the commencement of his term, or refuse to take the office, an elec
tion for Governor shall be held at the next general election, unless the vacancy happen within six days next preceding the election, exclusive of the day of the happening of the vacancy and the day of the election : in that case, if an election for Governor would not have been held at said election, without the happening of such vacancy, no election for Governor shall be held at said election in consequence of such vacancy.] If the trial of a contested election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may then be in the exercise of the executive authority, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each branch of the Legislature.
15. A Secretary shall be appointed and commissioned during the Governor's continuance in office, if he shall so long behave himself well. He shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers, relative thereto, before them, and shall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services, to be fixed by law.
ARTICLE IV. Sec. 1. [All elections for Governor, senators, representatives, sheriffs, and coroners, shall be held on the second Tuesday of November, and be by ballot: and in such elections every free white male citizen of the age of twenty-two years or upwards, having resided in the State one year next before the election, and the last month thereof in the county where he offers to vote, and having within two years next before the election paid a county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty-one years, and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax: provided, that no person in the military, naval, or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane person, or pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector; and that the Legislature may impose the forfeiture of the right of suffrage as a punishment for crime.]
2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from an arrest during their attendance at elections, and in going to and returning from them.
ARTICLE V. SEC. 1. The House of Representatives shall have the sole power of impeaching: but two-thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate ; and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of all the senators.
2. The Governor, and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State ; but the party convicted shall nevertheless be subject to indictment, trial, judgment, ' and punishment according to law.
3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
ARTICLE VI. Sec. 1. [The judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an Or. phan's Court, a Court of Oyer and Terminer, a Court of General Sessions of the peace and jail delivery, a Register's Court, justices of the peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the members of both houses shall from time to time establish.]
2. [To compose the said courts there shall be five judges in the State. One of them shall be Chancellor of the State : he shall also be President of the Orphan's Court: he may be appointed in any part of the State. The other four judges shall compose the Superior Court, the Court of Oyer and Terminer, and the Court of General Sessions of the peace and jail delivery, as hereinafter prescribed. One of them shall be Chief-Justice of the State, and may be appointed in any part of it. The other three judges shall be associate judges, and one of them shall reside in each county.]
3. [The Superior Court shall consist of the Chief-Justice and two associate judges. The Chief-Justice shall preside in every county, and in his absence the senior associate judge sitting in the county shall preside. No associate judge shall sit in the county in which he resides. Two of the said judges shall constitute a quorum. One may open and adjourn the Court, and make all rules necessary for the expediting of business.
This Court shall have jurisdiction of all causes of a civil nature, real, personal, and mixed, at common law, and all other the jurisdic