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18. The members of the Legislature shall receive for their services, a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected; and such compensation shall never exceed three dollars a day.

19. No member of the Legislature shall receive any civil appointment from the Governor and Senate, or from the Legislature, during the term for which he is elected.

20. The Governor shall issue writs of election to fill such vacancies as may occur in the Senate and House of Representatives.

21. The Legislature shall meet on the first Monday in January, in every year, and at no other period, unless otherwise directed by law, or provided for in this Constitution.

The style of the laws of this State shall be: “Be it enacted by the Senate and House of Representatives of the State of Michigan."

22.

ARTICLE V.

EXECUTIVE DEPARTMENT.

1. The supreme executive power shall be vested in a Governor, who shall hold his office for two years; and a Lieutenant Governor shall be chosen at the same time and for the same term.

2. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been five years a citizen of the United States, and a resident of this State two years next preceding the election.

3. The Governor and Lieutenant Governor shall be elected by the electors at the times and places of choosing members of the Legislature. The persons having the highest number of votes for Governor and Lieu: tenant Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor or Lieutenant Governor, the Legislature shall by joint vote, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant Governor.

4. The returns of every election for Governor or Lieutenant Governor, shall be sealed up and transmitted to the seat of government, hy the returning officers, directed to the President of the Senate, who shall open and publish them in the presence of the members of both Houses.

5. The Governor shall be commander-in-chief of the militia, and the army and navy of this State.

6. He shall transact all executive business with the officers of government, civil and military; and may require information, in writing, from the officers in the executive department, upon any subject relative to the duties of their respective offices.

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

8. He shall have power to convene the Legislature 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 deem expedient.

9. He shall have power to adjourn the Legislature to such time as he may think proper, in case of a disagreement between the two houses

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with respect to the time of adjournment, but not to a period beyond the next annual meeting.

10. He may direct the Legislature to meet at some other place than the seat of government, if that shall become, after its adjournment, dangerous from a common enemy or a contagious disease.

11. He shall have power to grant reprieves and pardons after conviction, except in cases of impeachment.

12. When any office, the appointment to which is vested in the Governor and Senate, or in the Legislature, becomes vacant during the recess of the Legislature, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the succeeding session of the Legislature.

13. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor until such disability shall cease, or the vacancy be filled.

14. 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, pro tempore, shall act as Governor, until the vacancy be filled.

15. The Lieutenant Governor shall, by virtue of his office, be President of the Senate; in committee of the whole, he may debate on all questions; and when there is an equal division, he shall give the casting vote. 16.

No member of Congress, nor any other person holding office under the United States, or this state, shall execute the office of Governor.

17. Whenever the office of Governor or Lieutenant Governor becomes vacant, the person exercising the powers of Governor for the time being shall give notice thereof, and the electors shall, at the next succeeding annual election for members of the Legislature, choose a person to fill

such vacancy:

18. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he has been elected.

19. The Lieutenant Governor, except when acting as Governor, and the President of the Senate pro tempore, shall each receive the same compensation as shall be allowed to the Speaker of the House of Representatives.

20. A great seal for the State shall be provided by the Governor, which shall contain the device, and inscriptions represented and de. scribed in the papers relating thereto, signed by the President of the Convention, and deposited in the office of the Secretary of the Territory. It shall be kept by the Secretary of State; and all official acts of the Governor, his approbation of the laws excepted, shall be thereby authenticated.

21. All grants and commissions shall be in the name and by the authority of the people of the State of Michigan.

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ARTICLE VI.

JUDICIAL DEPARTMENT.

1. The judicial power shall be vested in one Supreme Court and in such other courts as the Legislature may from time to time establish.

The Judges of the Supreme Court shall hold their offices for the term of seven years; they shall be nominated, and by and with the advice and consent of the Senate, appointed by the Governor.1

They shall receive an adequate compensation, which shall not be diminished during their continuance in office. But they shall receive no fees nor perquisites of office, nor hold any other office of profit or trust under the authority of this State, or of the United States.

3. A court of probate shall be established in each of the organized counties.

4. Judges of all county courts, associate judges of circuit courts, and judges of probate, shall be elected by the qualified electors of the county in which they reside, and shall hold their offices for four years.

5. The Supreme Court shall appoint their clerk or clerks; and the electors of each county shall elect a clerk, to be denominated a county clerk, who shall hold his office for the term of two years, and shall perform the duties of clerk to all the courts of record to be held in each county, except the Supreme Court and court of probate.

6. Each township may elect four justices of the peace, who shall hold their offices for four years; and whose powers and duties shall be defined and regulated by law. At their first election they shall be classed and divided by lot into numbers one, two, three and four, to be determined in such manner as shall be prescribed by law, so that one justice shall be annually elected in each township thereafter.

A re: moval of any justice from the township in which he was elected, shall vacate his office. In all incorporated towns or cities, it shall be competent for the Legislature to increase the number of justices.

7. The style of all process shall be “In the name of the people of the State of Michigan," and all indictments shall conclude "against the peace and dignity of the same."

ARTICLE VII.

CERTAIN STATE AND COUNTY OFFICERS.

1. There shall be a Secretary of State, who shall hold his office for two years, and shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government; and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature; and shall perform such other duties as shall be assigned him by law.

A State Treasurer shall be appointed by a joint vote of the two Houses of the Legislature, and shall hold his office for the term of two years.

1 See note to Art. VII., Sec. 3.

3. There shall be an Auditor General and an Attorney General for the State, and a prosecuting attorney for each of the respective counties, who shall hold their offices for two years, and who shall be appointed by the Governor, by and with the advice and consent of the Senate, and whose powers and duties shall be prescribed by law.!

4. There shall be a sheriff, a county treasurer, and one or more coroners, a register of deeds, and a county surveyor, chosen by the electors in each of the several counties once in every two years, and as often as vacancies shall happen. The sheriff shall hold no other office, and shall not be capable of holding the office of sheriff longer than four in any term of six years; he may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant; but the county shall never be made responsible for the acts of the sheriff.

ARTICLE VIII.

IMPEACHMENTS AND REMOVALS FROM OFFICE.

1. The House of Representatives shall have the sole power of impeaching all civil officers of the State, for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall be necessary to direct an impeachment.

2. All impeachments shall be tried by the Senate. When the Gov. ernor or Lieutenant Governor shall be tried, the Chief Justice of the Supreme Court shall preside. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try and determine the charge in question according to the 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; but the party convicted shall be liable to indictment and punishment according to law.

3. For any reasonable cause, which shall not be sufficient ground for the impeachment of the judges of any of the courts, the Governor shall remove any of them on the address of two-thirds of each branch of the Legislature; but the cause or causes for which such removal may be required shall be stated at length in the address.

4. The Legislature shall provide by law for the removal of justices of the peace, and other county and township officers, in such manner and for such cause as to them shall seem just and proper.

The following amendment was proposed in 1848, referred to the Legislature in 1849, agreed to by two-thirds of all the members elected to each House, submitted to the people, and approved and ratified at the election held in November, 1849:

The Legislature of this State for the year eighteen hundred and fifty, shall provide by law for the election by the people of the following officers, viz.: "Judges of the Supreme Court, who shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter; Auditor General, State Treasurer, Secretary of State, Attorney General, Superintendent of Public Instruction and prosecuting attorneys; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries, for any civil duties performed by them.”

ARTICLE IX.

MILITIA.

1. The Legislature shall provide by law for organizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States.

2. The Legislature shall provide for the efficient discipline of the officers, commissioned and non-commissioned, and musicians, and may provide by law for the organization and discipline of volunteer companies.

3. 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.

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 X.

EDUCATION.

1. The Governor shall nominate, and by and with the advice and consent of the Legislature, in joint vote, shall appoint a Superintendent of Public Instruction, who shall hold his office for two years, and whose duties shall be prescribed by law.

2. The Legislature shall encourage by all suitable means, the promotion of intellectual, scientific and agricultural improvement. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, for the support of schools, which shall hereafter be sold or disposed of, shall be and remain a perpetual fund; the interest of which, together with the rents of all such unsold lands, shall be inviolably appropriated to the support of schools throughout the State.

. 3. The Legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each school district at least three months in every yeàr; and any school district neglecting to keep up and support such a school, may be deprived of its equal proportion of the interest of the public fund.

4. As soon as the circumstances of the State will permit, the Legislature shall provide for the establishment of libraries, one at least [in] each township, and the money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines assessed in the several counties for any breach of the penal laws, shall be exclusively applied for the support of said libraries.

5. The Legislature shall take measures for the protection, improvement or other disposition of such lands as have been or may hereafter be reserved or granted by the United States to this State for the support of a University; and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund for the support of said University, with such branches as the public convenience may hereafter demand for the pro

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