Requisite Lieutenant-Governor shall be chosen at the same time and for the same term. Section 2. No person except a citizen of the United qualifications States, shall be eligible to the office of Governor; nor of governor. shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been five years next preceding his election, a resident within this State. Time and manner of vernor and lieutenantgovernor. Section 3. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing electing go- members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. Duties and power of governor. Section 4. The Governor shall be commander-in-chief of the military and naval forces of the State. He shall have power to convene the Legislature (or the Senate only) on extraordinary occasions. He shall communicate by message to the Legislature, at every session, the condition of the State, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. His compen- He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election and during his continuance in office. sation. Pardoning nor. Section 5. The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. volve on lieu Section 6. In case of the impeachment of the Gover- Powers of gonor, or his removal from office, death, inability to dis- vernor to decharge the powers and duties of the said office, resig- tenant-gover. nation or absence from the State, the power and duties nor. of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the State tions of lieu Section 7. The Lieutenant-Governor shall possess the Requisite same qualifications of eligibility for office as the Go- qualificavernor. He shall be President of the Senate, but shall tenant-goonly have a casting vote therein. If during a vacancy vernor. of the office of Governor, the Lieutenant-Governor shall To be presibe impeached, displaced, resign, die, or become inca- dent of the pable of performing the duties of his office, or be ab- Senate, sent from the State, the President of the Senate shall and to act as governor in act as Governor, until the vacancy be filled, or the dis- certain cases. ability shall cease. Section 8. The Lieutenant-Governor shall, while act- Compensaing as such, receive a compensation which shall be fixed tion of lieuteby law, and which shall not be increased or diminished or in certain during his continuance in office. nant-govern cases. presented to the governor for signature Section 9. Every bill which shall have passed the Bills to be Senate and Assembly, shall, before it becomes a law, be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it with his objec D If returned by him with objections how disposed of. Bills to be returned within ten days. State officers how elected and terms of office. State engineer and sur veyor, how chosen and term of office. Canal commissioners how chosen tions to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by twothirds of all the members present, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return; in which case it shall not be a law. ARTICLE V. Section 1. The Secretary of State, Comptroller, Treasurer and Attorney-General, shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this Article named (except the Speaker of the Assembly), shall at stated times, during his continuance in office, receive for his services, a compensation which shall not be increased or diminished during the term for which he shall have been elected: nor shall he receive, to his use, any fees or perquisites of office, or other compensation. Section 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. Section 3. Three Canal Commissioners shall be chosen at the general election which shall be held next and terms of after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Commissioners of the office. Canal Fund shall meet at the Capitol on the first Monday of January, next after such election, and determine by lot which of said Commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually, thereafter, one Canal Commissioner, who shall hold his office for three years. how elected Section 4. Three Inspectors of State Prisons, shall be Inspectors of elected at the general election which shall be held next state prisons after the adoption of this Constitution, one of whom and terms of shall hold his office for one year, one for two years, and office. one for three years. The Governor, Secretary of State, and Comptroller, shall meet at the Capitol on the first Monday of January next succeeding such election, and determine by lot which of said Inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one Inspector of State Prisons, who shall hold his office for three years; said Inspectors shall have the charge and superintendence of the State Prisons, and shall appoint all the officers therein. All vacancies in the office of such Inspector shall be filled by the Governor, till the next election. Section 5. The Lieutenant-Governor, Speaker of the Com'rs of Assembly, Secretary of State, Comptroller, Treasurer, the land Attorney-General, and State Engineer and Surveyor, shall be the Commissioners of the Land-Office. office. The Lieutenant-Governor, Secretary of State, Comp- Com'rs of troller, Treasurer, and Attorney-General, shall be the the canal Commissioners of the Canal Fund. fund. The Canal Board shall consist of the Commissioners Canal board. of the Canal Fund, the State Engineer and Surveyor and the Canal Commissioners. Section 6. The powers and duties of the respective Powers and boards, and of the several officers in this article men- duties of the tioned, shall be such as now are or hereafter may be boards and prescribed by law. officers named in Section 7. The Treasurer may be suspended from this article. office by the Governor, during the recess of the Legis- Treasurer lature, and until thirty days after the commencement may be sus pended by governor. Certain offi ed. of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office, during such suspension of the Treasurer. Section 8. All offices for the weighing, gaging, meaces abolish- suring, culling or inspecting any merchandize, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls, or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. ARTICLE VI. Assembly to Section 1. The Assembly shall have the power of imimpeach. peachment, by the vote of the majority of all the memCourt of im- bers elected. The court for the trial of impeachments, peachment. shall be composed of the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or the major part of them. On the trial of an impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this State; but the party impeached shall be liable to indictment, and punishment according to law. |