Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-27
ARTICLE III.

seats until their successors are elected at regu-
| lar election.
ARTICLE III.
EXECUTIVE DEPARTMENT.
Section l. The Executive Department shall con
sist of Governor lin whom shall be vested the
| supreme executive power Of the State) Lieuten-
ant Governor, Secretary OF state, an Auditor,
q Treasurer, Superintendent of Public Works,
a Superintendent of Public Instruction and Attor-
ney General, who shall be elected for term OF
four years, by the qualified electors of the State,
at the same time and places, and i'll the same
manner as members Of the General Assembly are
elected. Their term of office shall commence 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 Constitution by the
Congress of the United States, and Sd all hold their
offices four years from and after the fist day OF
January 1869.
Sec. :. No person shall be eibbe as Governor
or Lieutenant Governor, unless he shall have at
tanned the age of t. rty Years, shall have been q
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 ny term
OF eight years, unless the Office shall have been
cast upon HIM LleutGnant Governor or Presl-
dent of the Senate.
Sec 8. The return Of every election for officers
of the Executive Department shall be sealed up
and transmitted TO the seat OF Government by the
House Of hepr sentatlYes, who shall open and
publish the same in the presence OF majority OF
the members Of both Houses ofthe General As
semby. The persons having the highest NUM-
Der Of votes respectively, shall be declared duly
elected but it two or mGre 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 joint vote Of both Houses Of
the General Assembly, in such manner as shall be
prescribed by law.
Sec 4 The Governor, before entering upon the
duties of his office, shall, in the presence Of the
members of both branches of the General Assem-
bly,, or before any Justice of the Supreme Count,
take an oath or affirm alton, that he will support
the constitution and laws ofthe United States aud
OF the State of North Carolina. and that he will
faithfully perform the duties appert aiming to the
office of Governor to which he has been elected
Sec. 5. The Governor shall reside at the seat OF
government of THE State, and he shall, from time
to time give the General Assembly Information
Of the affairs of the State and recommend to their
consideration such measures as he shall deem eA-
peGient.
Sec g. The Governor shall have power to grant
reprieves, communications and pardons, after con-
victlon, for all offences. except IN cases of I'M
peachment,l upon sdch conditions as he may
think proper. subject to such regulations may
be provided by Law relative to the manner of ap-
DlylDg for pard0ns Ee shall annually cOmmunl-
cate 10 the General Assembly each ease of
prieve, communication. or pardon granted stating
the name of each convict, the crime for which he
was convicted, the sentence and it's date, the date
of communication, pardon, Or reprleYe, anu the rea
sons therefor.
Sec. T. The officers of the Executive Department
and of the Public Institutions of the State shall at
least five day previous 10 each regular session Of
the General Assembly orally L port to the Gov
ernor who shall transmit such reports, with his
message, to the General Assembly and the Gov
ernOr may at any time, require information ID
writing from the officers in the Executive Depart
mcnt upon any subject relating to the duties of
their respective officers, and shall take that
the laws be faithfully executed.
Sec. 8. The Governor shall be cOmmander-in-
chief Of the militia of the State except when they
shall be called into the service oE the United
States.
Sec O. The Governor shall have over on ex-
traOrdinary occasions hy and with the advice of
the council Of State, to Conyca9 the General AS
semby, in extra session by his proclamation, sta
ting therein the purposes FOR which they are thus
convened.
Sec. 10. The Governor shAn nominate, and by
and with the advice and consent Of a ma iOrity OF
the senators elect. appoint all officers whose Off
ces are established 10y this constitution, or which
shall be created bv law, and whose appointments
arc not otherwis" provided for and no such Off
Ger shall be appointed or elected by the General
Assembly.
See II. The Lieutenant Governor shall be Pres-
dent Of the senate, but ehail have no vote unless
the senate be equally divided He shall, whilst
acting President of the senate, receive for his
services the same pay which shall for the same
period be allowed to the speaker of the house Of
of Representatives, and he shall receive no other
compensation except when he is acting as Gov
ernOr.
Sec. 12 In case of the i'm eachment Of the Gov
ernOr, his failure 10 qualify, his absence from the
State, his inability to discharge the duties of his
office, or III case the Office of Governor shall in
anywise become vacant, the powers duties and
emOluments of the Office shall devolve upon the
Lieut.. Governor until the disabilities shall cease,
OR q new Governor shall be elected and qualified
In every case i'll whcl the Lieutenant Governor
sh all be unable to preside over the senate, the
senators shall elect of their number
President of their body ; and the pwers, duties
and emOlumcnts of the Office of Governor shall
devolve upon him whenever the Lieutenant Gov
ernor shall for any reason, be prevented from dis
charging the duties of such Office as above provi.
ded, and he shall continue acting Governor I'M
| til the disabilities be removed or new Governor
or Lieutenant Governor shall be elected and quail
| fed. Whenever, during the recess of the Gen
eral Assembly, it shall become necessary for the
President of the senate to administer the Govern
ment, the Secretary Of State shall convene the
senate, that they may elect such President.
| Sec. 49, The respective duties of the Secretary
| of State, Auditor, Treasurer, Superintendent OF
Public Works, Superintendent of Public Instruc.
ton and Attorney General shall be prescribed by
law. II the Office of any of said officers shall be
vacated by death, resignation, or otherwise, ii
shall be tce duty of the Governor to appoint an
other until the disability be removed or his sue
| cessOr be elected and qualified. Every such va.
cancy 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 o.
the PRED term fixed in the first section of this
Article.
| Sec. II, The Secretary of State, Auditor, Treas.
urer, Superintendent of Public Works, and Super.
intendent of Public Instruction shall constitute
0ttcto the Council of the State, who shall advise
the Governor lii the execution Of his Office
and three of whom shall constitute quorum
their advice and proceedings in this capacity shal
be entered in Journal 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 faced before