The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-03-24
ARTICLE III.
EXECUTIVE DEPARTMENT.

Sec l. The Executive Department shall consist of a
Governor in whom shall be vested the supreme execu-
tive power of the State) Lieutenant Governor, a
Secretary OF State, Auditor Treasurer, superin-
tsndent of Public Works, Superintendent OF Public
instruction and Attorney General, who shall be elected
for term Of four years, by the qualified electors OF the
State at the time and places. and in the same
manner members Of the General Assembly are cleo
ted. Their term of Office shall commence on the first
day Of January next after their election, and continue
until their elected and qualified: provided
that the officers first elected shall the duties OF
their office days after the approval of this Constitu
ton by the Congress of the United States and shall
hold their offices four from and after the first day
of January 1869.
Sec. 2. No person shall be eligible as Governor or
Lieutenant Governor unless he shall have attained the
age of thirty years, shall have been a citizen of the
United States five years. and shall have been resident
of this State for before the election;
shall the person elected to either of these two Offices be
eligible to the same Office than four years in any
term of eight years unless the office shall have been
cast upon him Lieutenant Governor President of
the Senate.
Sec 3. The of every election for officers of
Executive Department shall be sealed up and transmitted
to the seat oGovernment by the returning officers direc
ted to the Speaker of the House of Representatives,
who shall open and publish the same in the presence
of a majority of the members of both Houses of the
General Assembly. The persons having the highest
number of Votes respectively, shall be declared duly
elected but 1.-TWO more be equal and highest i'll votes
for the Office then of them shall DE chosen by
Joint ballot of both Houses of the General Assembly
Contested elections shall be determined by joint vote
Of both Houses ofthe General Assembly in such man
shall be prt scrbed by law.
Sec a. The Governor. before entering upon the
duties OF his Office shall in the presence of the ebss
of both branches of the General Assembly, or before
any Justice of the Supreme Court, take oath ar
nation, that he will support the constitution and laws
of the United States and of the State of North Carolina
aud that he will faithfully perform the duties appertaiu-
to the office oGovernor TO which he has been e cted
Sec s. The Governor shall reside at the seat of gov
eminent OF this State. and he shall from time time,
IL
the State, and recommend to their consideration such
measures he shall deem expedient.
Sec 6. The Governor shall have power to grant re-
prieves, combinations and pardons, after conviction,
for all offences, except in ofmpcachment) upon
such conditions he may think proper subject such
regulations may be provided by law relative to the
manner of applying tor pardons. He shall annually
communicate to the General Assembly each of re-
prieve, Communication pardon granted stating the
of each convict, the crime for which he
vcted the and its date, the date of commute
ton, pardon, reprieve, and the reasons therefor
Sec. Z. The officers OF the Executive Department
and of the Public Institutions of the State shall at least
five days previous each regular session of the Gen
eIal Assembly severally report to the Governor who
shall transmit such reports, with his message, to the
General Assembly; and the Governor may, at anv time
require information in writing from the officers in the
Executive Department upon any subject relating to the
duties of their respective offices, and shall take care
that the laws be faithfully ex, cue.
Sec :. The Governor shall be commandern- chief
OF the militia of the State except when they shall be
Sac. .. The Governor shall have power on exraor-
binary occasions by aud with the advice of the council
OF State, to convene the General Assembly, in extra
session by his procanation stating therein the purpose
or purposes for which they are thus convened.
Sec. 10. The Governor shall nominate and by and
with the advice and consent of majority of the senators
elect, appoint all officers whose Offices established
by this constitution, which shall be creaed by law
for and no such officer shall be appointed elected by
the General Assembly.
Sec IL. The Lieuten ant Governor shall be President
OF the senate but shall have vote unless the senate
be equally divided. He shall, whilst acting as Presi-
dent ct the senate. receive for his services the same
pay which shall for the 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.
Sec II. In of the impeachment of the Governor
his failure TO qualify, his absence from the State mis-
inability to discharge the duties of his Office or i'm case
the Office of Governor shall in anywise become vacant
the powers, duties and emoaments of the Office shall
devolve upon the Lieutenant Governor until the disa
bilities shall CEASE a new Governor shall be elected
and qualified In every case in which the Lieutenant
Governor shall be unable preside over the Senate
the Senators shall tlect one of their number Presi
dent of their body and the powers, duties and emolu
of the Office of Governor shall devolve upon him
Whenever the Lieutenant Governor shall for any reason
be prevented from dischargng the duties of such Office
as above provided, and he shall continue az
acting Governor until the disabilities be removed or
a Governor or Lieutenant Governor shall be elected
and qualified Whenever during the recess of the Gen
rra Assembly it shall become necessary for the Prtsi
dent of the Senate to administer the Government tn.
Secretary OF State shall the Senate that thy
may elect such President.
Sec. ID. The respective duties of the Secretary of
STATE, Auditor. Treasurer, Superintendent of Public
Works. Superintend mt of Public Instruction and At
torney General shall be prescribed by law fthe office
of any of said officers shall be vacated by DEATH resir
nation. otherwise, it shall DE the duty of the Govern
appoint another until the disability be removed or
his be elected and qualified Every such va
cancy shall be filled by election at the FIRST genera;
election that occurs more than thirty days after the va
eancy has taken place. and the person chosen shall hold