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Sec. 3. The Governor shall hold his office during four years from the third Tuesday of January next ensuing his election; and shall not be eligible a second time to said office.
Sec. 4. He shall be at least thirty years of age, and have been a citizen 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.
Sec. 5. No member of Congress, nor person holding any office under the United States or this State, shall exercise the office of Governor.
Sec. 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 diminshed during the period for which he shall have been elected.
Sec. 7. 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.
Sec. 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 attested by the Governor.
Sec. 9. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeach
ment. 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.
Sec. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties in their respective offices.
Sec. 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.
Sec. 12. He may on extraordinary occasions convene the General Assembly; 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 exceeding three months.
Sec. 13. He shall take care that the laws be faithfully executed.
Sec. 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 happening 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 Governor, there be no other person who shall 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, on election 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 twothirds of all the members of each branch of the Legislature.
Sec. 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.
(All elections for Governor, Senators, Representatives, sheriffs and coroners shall be held on the Tuesday next after the first Monday in the month of November of the year in which they are to be held, and be by ballot.)
(But the Legislature may by law prescribe the means, methods and instruments of voting so as to best secure secrecy and the independence of the voter; preserve the freedom and purity of elections and prevent fraud, corruption and intimidation thereat.
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, 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.
Sec. 2. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.
Section 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.
Sec. 2. The Governor, and all other civil officers under this high crime or misdemeanor in office. Judgment in such cases State, shall be liable to impeachment for treason, bribery, or any 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.
Sec. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the govern. ment, 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 Orphans' 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 Gene ral Assembly, with the concurrence of two-thirds of all the members of both houses, shall from time to time establish.
Sec. 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 Orphans' 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.
Sec. 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 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 jurisdiction and powers vested by the laws of this state in the Supreme Court or Court of Common Pleas.
Sec. 4. The Court of General Sessions of the Peace and Jail Delivery shall be composed in each county of the same judges and in the same manner as the Superior Court. Two shall constitute a quorum. One may open and adjourn the court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Jail Delivery.
Sec. 5. The chancellor shall hold the Court of Chancery. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery.
Sec. 6. The Court of Oyer and Terminer shall consist of all the judges except the chancellor. Three of the said judges shall constitute a quorum. One may open and adjourn the court. This court shall exercise the jurisdiction now vested in the Court of Oyer and Terminer and General Jail Delivery by the laws of this State. In the absence of the chief justice the senior associate present shall preside.
Sec. 7. The Court of Errors and Appeals shall have jurisdiction to issue writs of error to the Superior Court, and to re