ARTICLE 4.

Executive Department.

§ 1. The supreme executive power of this state shall be vested in a governor, who shall be elected by the qualified electors, and shall hold his office for two years from the time of his installation, and until his successor be duly qualified.

2. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the secretary of state, who shall deliver them to the speaker of the house of representatives, at the next ensuing session of the general assembly, during the first week of which session the said speaker shall open and publish them in presence of both houses of the general assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint ballot of both houses.

Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

3. The governor shall be at least thirty years of age, shall have been a citizen of the United States for twenty years, shall have resided in this state at least five years next preceding the day of his election, and shall be seized in his own right of a freehold estate of six hundred acres of land, or of real estate of the value of two thousand dollars, at the time of his election, and twelve months previous thereto.

4. He shall at stated times receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected.

5. He shall be commander in chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.

6. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices.

7. He may on extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the general assembly.

8. He shall, from time to time, give to the general assembly information of the state of the government, and recommend

to their consideration such measures as he shall deem expedient.

9. He shall take care that the laws be faithfully executed.

10. In all criminal and penal cases, except in those of treason, and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power to grant reprieves and pardons, by and with the advice and consent of the senate, but may respite the sentence until the end of the next session of the general assembly.

11. All commissions shall be in the name and by the authority of the state of Mississippi, be sealed with the state seal, and signed by the governor, and attested by the secretary of state.

12. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Mississippi.

13. When a vacancy shall happen in any office during the recess of the general assembly, the governor shall have power to fill the same by granting a commission, which shall expire at the end of the next session of the general assembly, except in cases otherwise directed by this constitution.

14. A secretary of state shall be appointed, who shall continue in office during the term of two years. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before the general assembly, and shall perform such other duties as may be required of him by law.

15. Every bill which shall have passed both houses of the general assembly shall be presented to the governor; if he approve, he shall sign it; but, if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered; if approved by two-thirds of that house, it shall become a law: but in 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 journals of each house respectively: If any bill shall not be returned by the governor within six 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 general assembly by their adjournment prevent its return, in which case it shall

not be a law.

16. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of

adjournment, shall be presented to the governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

17. The appointment of all officers, not otherwise directed by this constitution, shall be by the joint vote of both houses of the general assembly; the votes shall be given viva voce, and recorded in the public journal of each house: Provided, that the general assembly be authorized to provide by law for the appointment of all inspectors, collectors, and their deputies, surveyors of highways, constables, and such other inferior officers, whose jurisdiction may be confined within the limits of the county.

18. There shall be also a lieutenant governor, who shall be chosen at every election for a governor, by the same persons, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor.

19. The lieutenant governor shall, by virtue of his office, be president of the senate, and have, when in committee of the whole, a right to debate and vote on all questions, and, when the senate is equally divided, to give the casting vote.

20. In case of the death, resignation, refusal to serve, or removal from office, of the governor, or of his impeachment or absence from the state, the lieutenant governor shall exercise the powers and authority appertaining to the office of governor, until another be chosen at the next periodical election for a governor, and be duly qualified; or until the governor impeached or absent shall be acquitted or return.

21. Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president pro tempore,

And if, during the vacancy of the office of governor, the lieutenant governor shall die, resign, refuse to serve, or be removed from office, or if he shall be impeached, or absent from the state, the president of the senate pro tempore shall, in like manner, administer the government, until he shall be superseded by a governor, or lieutenant governor. The lieutenant governor shall, whilst he acts as president of the senate, receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government as governor, shall receive the same compensation which the governor would have received had he been employed in the duties of his office, and no more.

22. The president pro tempore of the senate shall, during the time he administers the government, receive, in like man

ner, the same compensation which the governor would have received had he been employed in the duties of his office, and

no more.

23. If the lieutenant governor shall be required to administer the government, and shall, whilst in such administration, die, resign, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a president pro tempore.

24. A sheriff, and one or more coroners, shall be elected in each county by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed.

25. A state treasurer, and an auditor of public accounts, shall be annually appointed.

Militia.

1. The general assembly shall provide by law for organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto.

2. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the governor.

3. Those persons who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

4. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions.

ARTICLE 5.

Judicial Department.

§ 1. The judicial power of this state shall be vested in one supreme court, and such superior and inferior courts of law and equity as the legislature may from time to time direct and establish.

2. There shall be appointed in this state not less than four nor more than eight judges of the supreme and superior courts, who shall receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continuance in office: Provided, that the judge whose decision is under consideration in the supreme court, shall not constitute one of the court to determine the question on such decision; but it shall be the duty of such judge to report to the supreme court the reasons upon which his opinion was founded. 3. The state shall be divided into convenient districts, and

each district shall contain not less than three nor more than six counties. For each district there shall be appointed a judge, who shall, after his appointment, reside in the district for which he is appointed.

4. The superior court shall have original jurisdiction in all matters, civil and criminal, within this state; but, in civil cases, only where the matter or sum in controversy exceeds fifty dollars.

5. A superior court shall be held in each county in the state at least twice in every year. The judges of the several superior courts may hold courts for each other when they may deem it expedient, or as they may be directed by law.

6. The legislature shall have power to establish a court or courts of chancery, with exclusive original equity jurisdiction, and until the establishment of such court or courts, the said jurisdiction shall be vested in the superior courts respectively.

7. The legislature shall have power to establish in each county within this state a court of probate, for the granting of letters testamentary, and of administration, for orphan's business, for county police, and for the trial of slaves.

8. A competent number of justices of the peace shall be appointed in and for each county, in such mode, and for such term of office, as the legislature shall direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as shall be prescribed by law.

9. The judges of the several courts of this state shall hold their offices during good behaviour. And for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for an impeachment, the governor shall remove any of them on the address of two thirds of each house of the general assembly: Provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and on the journals of each house; and provided further, that the judge so intended to be removed, shall be notified, and admitted to a hearing in his own defence, before any vote for such address shall pass.

10. No person who shall have arrived at the age of sixty-five years shall be appointed to, or continue in, the office of judge in this state.

11. Each court shall appoint its own clerk, who shall hold his office during good behaviour, but shall be removable therefrom for neglect of duty, or misdemeanor in office, by the supreme court, which court shall determine both the law and the fact: Provided, that the clerk so appointed shall have been a resident of the county in which he is clerk, at least six months previous to his appointment.