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Certain officers may be removed

when to .

sented 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.

Sec. XIII. All officers holding their offices during good behavior may be removed by joint resolution of by joint resoluthe two houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein.

Sec. XIV. The political year shall begin on the Legislature first day of January; and the legislature shall every year assemble on the first Tuesday of January, unless a different day shall be appointed by law.

Sec. XV. The next election for governor, lieu- Time of election tenant-governor, senators, and members of assembly, shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all subsequent elections shall be held at such time, in the month of October or November, as the legislature shall by law provide. Sec. XVI. The

governor, lieutenant-governor, senators, and members of assembly, first elected, un- Jan., 1823. der this constitution, shall enter on the duties of their respective offices on the first day of January, one thousand eight hundred and twenty-three ; and the governor, lieutenant-governor, senators, and members of assembly, now in office, shall continue to hold the same, until the first day of January one thousand eight hundred and twenty-three, and no longer.

fixed

Officers to hold places till 1st

ARTICLE SECOND.

of twenty

Qualifications of electors.

Sec. I. Every male citizen of the age one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote ; and shall have, within

the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property ; or shall by law be exempted from taxation; or being armed or equipped according to law, shall have performed within that year military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town, or village in this state : And also, every male citizen of the age of twentyone years, who shall have been, for three years next preceding such election, an inhabitant of this state, and for the last year a resident in the town or county where he may offer his vote ; and shall have been, within the last year, assessed to labor on the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law; shall

7 be entitled to vote in the town or ward where he ac

tually resides, and not elsewhere, for all officers that Freehold re- now are, or hereafter may be, elective by the people. quired for a man of color. But no man of color, unless he shall have been for

three years a citizen of this state, and for one year next preceding any election shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon ; and shall have been actually rated, and paid a tax thereon, shall be entitled tɔ vote at any such election. And no person of color shall be subject to direct taxation, unless he shall be seized and possessed of such real estate as aforesaid.

Sec. II. Laws may be passed, excluding from the from right of suffrage. right of suffrage persons who have been, or may be,

convicted of infamous crimes.

Sec. III. Laws shall be made for ascertaining, by passed.

proper proofs, the citizens who shall be entitled to the right of suffrage, hereby established.

Sec. IV. All elections by the citizens shall be by ballot.

by ballot, except for such town officers as may by law be directed to be otherwise chosen.

a

Persons excluded

Laws to be

Election to be

ARTICLE THIRD.

Executive power how vested.

fications of the

lieutenant gov

Sec. I. The executive power shall be vested in a governor. He shall hold his office for two years; and a lieutenant-governor shall be chosen for the same time, and for the same term.

Sec. II. No person, except a native citizen of the Requisite quali United States, shall be eligible to the office of gov- governor. ernor, nor shall any person be eligible to that office who shall not be a freeholder, and shall not have attained the age of thirty years, and have been for five years a resident within the state ; unless he shall have been absent during that time on public business of the United States, or of this state. Sec. III. The governor and lieutenant-governor Time and man

of shall be elected at the times and places of choosing governor and members of the legislature. The persons respectively ernor. 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 shall, by joint ballot, choose one of the said persons, so having an equal and the highest number of votes, for governor or lieutenant-governor.

Sec. IV. The governor shall be general and commander-in-chief of all the militia, and admiral of the ernor. navy 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. He shall, at stated times, receive for his services a tion.

Duties and power of gov

His compensa

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er vested in the governor.

Powers of governor devolve on the lieut. governor.

compensation, which shall neither be increased nor
diminished during the term for which he shall have

been elected.
Pardoning pow- Sec. V. The governor shall have power to grant

reprieves and pardons after conviction, for all offences,
except treason and cases of impeachment. Upon
convictions for treason, he shall have power to sus-
pend the execution of the sentence, until the case
shall be reported to the legislature at its next meet-
ing; when the legislature shall either pardon, or
direct the execution of the criminal, or grant a further
reprieve.

Sec. VI. In case of the impeachment of the gov-
ernor, or his removal from office, death, resignation,
or absence from the state, the powers and duties of
the office shall devolve upon the lieutenant-governor
for the residue of the term, or until the governor
absent or impeached shall return or be acquitted.
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.
Lt. gov. to be Sec. VII. The lieutenant-governor shall be president
president of the

of the senate, but shall have only a casting vote
therein. If, during the vacancy of the office of gov-
ernor, the lieutenant-governor shall be impeached,
displaced, resign, die, or be absent from the state, the
president of the senate shall act as governor, until
the vacancy shall be filled, or the disability shall

senate.

To act as gov.
in certain cases.

cease.

ARTICLE FOURTH.

Manner of Sec. I. Militia officers shall be chosen, or appointed,
choosing or ap-
pointing-militia as follows: Captains, subalterns, and non-commis.
officers.

sioned officers shall be chosen by the written votes
of the members of their respective companies. Field-

officers of regiments, and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate battalions. Brigadier-generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff-officers to their respective divisions, brigades, regiments, or separate battalions.

Sec. II. The governor shall nominate, and, with Officers to be the consent of the senate, appoint, all major-generals, the governor brigade inspectors, and chiefs in the staff departments, except the adjutant-general and commissary-general. The adjutant-general shall be appointed by the gov

ernor.

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commissioned.

Sec. III. The legislature shall, by law, direct the Election of militime and manner of electing militia officers, and of certifying their elections to the governor.

Sec. IV. The commissioned officers of the militia Officers how shall be commissioned by the governor; and no commissioned officer shall be removed from office unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commission, subject to removal as before provided.

Sec. V. In case the mode of election and appoint- Election of miment of militia officers directed, shall not be found be abolished. conducive to the improvement of the militia, the legislature

may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein.

Sec. VI. The secretary of state, comptroller, trea- State officers

er, attorney-general, surveyor-general, and commissary-general, shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively: after which, they shall meet together, and if they shall agree in

how elected.

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