The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-04-08
ARTICLE III.

shall hold their seats until their .uccessors are
elected ut regular election. Ir.
.r,,. . ARTICLE III. a-
EXECUTIVE DEPARTMENT.
Section l. The Executive Department shall con-
sist Of Governor lin whom shall be vested the
Supreme executive power of the State) Lieu
tenant Governor, Secretary of State. an Auditor,
Treasurer, q Superintendent OF Public Works,
a Superintendent of Public instruction and an
Attorney General, who shall he elected for term
of four years, by the qualified electors of the
State, at the same time and places, and in the
same manner as members of the General Assem-
bly, are elected. Their term of Office SHALL COM
mence on the first day of January next, after
their election and continue until their successors
are elected and qualified: provided, that the
officers first elected shall assume the duties of
their office ten days after the approval of this Con-
stitutiOn by the Congress of the United States
and shall hold their offices four years from and
after the first day of January 1863.
Sec 2 No person shall be eligible as Govern
or or Lieutenant Governor, unless he shall have
attained the age OF thirty years, shall have been
citizen of the United States five years, and
shall have been resident OF this State for two
years next before the election; nor shall the
person elected to either of these two offices be
eligible TO the same office more than four years
in any term OF eight years, unless the Office shall
have been cast upon him as Lieutenant Govern
or or President of the Senate.
SEC. 3. The return of every election for officers
of the Executive Department shall be sealed up
and transmitted to the seat of Government by
the returning officers, directed to the Speaker of
the House Of Representatives, who shall open
and publish the same in the presence of u ma
jority Of the members Of b0th Houses Of the
General Ass mbly. The persons having the
highest number of votes respectively, shall be
declared duly elected; but if two or more be
equal and highest in votes for the same Office,
then one of them shall be chosen by joint ballot
OF both Houses of the General Assembly
Contested elections shall be determined by Il
joint vote of both Houses of the General Assem-
bly,, in such manner as shall be prescribed by
Law. .-... t . -.
Sec. The Governor, before entering upon
the duties of his Office, SHALL in the presence of
the members OF both branches of the General
Assembly, or before any Justice of the Supreme
Court, take an oath or affirmation, that he will
support the constitution and laws of the United
States and of the State OF North-Carolina, and
that he will faithfully perform the duties apper
tanning to the Office OF Governor to which he has
been elected. -5
Sec. s. The Governor shall reside at the seat
of government OF this State, and he shall, from
time to time, give the General Assembly infor-
nation of the affairs OF the State, and recon
mend to their consideration such measures as he
shall deem expedient
Sec. g. The Governor shall have power to
grant repricves, combinations and pardons,
after conviction, for all offences Except in cases
OF impeachment,) upon such conditions as he
may think proper, subject to such regulations as
may be provided by law relative to the manner
of applying tor pardOns. He shall annually
communicate tn the General Assembly each case
OF reprieve, commutatiOn or pardon granted;
stating the name of each convict, the crime for
which he was convicted, the sentence anu its
date, the date of communication, pardon, or re-
prieve, and the reasons therefor ---' sd.
Sec. Z. The officers of the Executive Depart
D,,t,l <xrk
shall at least five days previous to each regular
session of the General Assembly severally report
to the Governor, who shall transmit such reports,
with his message, to the General Assembly; and
the Governor may, at any time, require informa-
tion in writing from the officers in the Executive
Dep .rtment upon any subject relating to the duo
ties OF their respective offices, and shall take
care that the laws be faithfully executed.
Sec. 8. The Governor shall be commandcr-in
chief of the militia of the State, except when
they shall be called into the service of the United
States. iftfJ ia"af
Sec. 9. The Governor shall have power on ex
traOrdinary occasions, by and with the advice of
the Council of State, to convene the General As
sembly, in extra session by his proclamation,
stating therein the purpose or purposes for which
they are thus convened. ,,.,. % III I
Sec. TO- The Governor shall nominate, and, by
and with the advice and consent of majority of
the Senators elect, appoint all officers whose Off
are established by this constitution, or which
shall be created by law, and whose appointments
are not otherwise provided for, and no such Off
Ger shall be appointed or elected BY the General
Assembly. .''
ID Sec. ii. The Lieutenant Governor shall be
President of the Senate, but shall have no vote
unless the Senate be equally divided. He shall,
whilst acting as President of the Senate, receive
for his services the same pay which shall for the
I same period, be allowed to the speaker of the
house of Representatives, and he shall receive
no other compensation except when he is acting
as Governor. t. ..
Sec IL. In case of the impeachment of the
Governor, his failure to qualify, his absence from
the State, his inability to discharge the duties of
his Office, or in the Office of Governor shall
in anywise become vacant, the powers, duties
and emoluments of the office shall dev0lve upon
the Lieutenant Governor until the disabilities
shall cease, or new Governor shall be elected
and qualified. In every case in which the Lieu
tenent Governor shall be unable to preside over
the Senate, the Senators shall elect one of
their own number President Of their body; and
the powers, duties, and emoluments of the office
of Governor shall devOlve upon him whenever
the Lieutenant Governor shall, for any reason, be
prevented from discharging the duties of such
Office as above provided, and he shall continne
as acting Governor until the disabilities be re-
moved or a new Governor or Lieutenant Cover
nor shall be elected and qualified. Whenever,
during the recess of the General Assembly, it
shall become necessary for the President of the
Senate to administer the Government, the Secre-
tary OF State shall convene the Senate, that they
may elect such President. @ olc rrtf
Sec. 13 The respective duties of the Secretary
of State, Auditor, Treasurer, Superintendent Of
Public Works. Superintendent of Public Instruc-
tion, and Attorney General shall be prescribed
by law. Ifthe office Of any of said officers shall
be vacated by death, resignation, or otherwise, it
shall be the duty of the Governor to appoint an
other until the disability be removed or his sue
cessor be elected and qualified. Every such va
caucy shall be filled by election, at the first gen.
eral election that occurs more than thirty DAYS
after the vacancy has taken place and the person
chosen shall hold the Office for the remainder of
Z the unexpired term fixed in the first section of
this Article. .a r3 - -tgI Hu
Sec. IA. The Secretary of State, Auditor, Trea-
surer, Superintendent of Public Works. and Su-
perintendant of Public instruction shall copsti-
tute ez o6fcio the Council of State, who shall
advise the Governor in tho execution of his Office
ana three of whom shall constitute u quorum !;
their advice and proceedings in this capacity
shall be entered In Jonfnal to be kept for this
purpose exclusively, and signed by the members
present, from any part OF which any member may
enter his dissent; and such journal shall be plac-
ed before the General Assembly wnen called for
by either House. The Attorney General shall be
ez oGaciO: the legal adviser of the Executive De-
partment -f.-