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.

certain officers

may be removed

tion.

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.

when to meet.

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.

fixed.

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.

to hold places till 1st

SEC. XVI. The governor, lieutenant-governor, Officers 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.

ARTICLE SECOND.

SEC. I. Every male citizen of the age of twenty. Qualifications 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 vete; and shall have, within

Freehold required for a man of color.

Persons excluded from right of suffrage.

Laws to be passed.

Election to be by ballot.

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 be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people. 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 to 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 right of suffrage persons who have been, or may be, convicted of infamous crimes.

SEC. III. Laws shall be made for ascertaining, by 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, except for such town officers as may by law be directed to be otherwise chosen.

ARTICLE THIRD.

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.

Executive power how vested.

fications of the

SEC. II. No person, except a native citizen of the Requisite qualiUnited 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.

ner of electing

lieutenant-gov

SEC. III. The governor and lieutenant-governor Time and manshall 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.

Duties and power of gov

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.

His compensa

Pardoning power vested in the governor.

Powers of governor devolve on the lieut. governor.

Lt. gov. to be president of the

senate.

To act as gov.
in certain cases.

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

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 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 direct the execution of the criminal, or grant a further reprieve.

SEC. VI. In case of the impeachment of the governor, 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.

SEC. VII. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, during the vacancy of the office of governor, 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

cease.

Manner of choosing or

ARTICLE FOURTH.

SEC. I. Militia officers shall be chosen, or appointed, 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.

appointed by

SEC. II. The governor shall nominate, and, with officers to be the consent of the senate, appoint, all major-generals, the governo 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.

tia officers.

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.

commissioned.

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.

litia officers may

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

surer, 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.