Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-02-20
THE CONSTITUTION.
Executive Department..

of the present Constitution as relate to the
Executive Department.. of the Government,
and various resolutions concerning the same,
have had the whole subject under considera-
tion and respectfully report the following.
which. in their opinion. would form the
proper article Of the new Constitution, em.
bracing that department. of the government.
MISUNDERSTANDING DEPARTMENT.
l. The Executive Department shall con-
s'Sto OF "a Governor, Lieutenant-G Governor, Sec.
retry OF State, who shall perform the duties
OF State Superintendent of Free Schools,
Auditor, Treasurer, and AIT ,rney General,
who shall each hold his Office for the term OF
four years from the second Monday of Janu-
ard next after his election. aud until his suc>
cessor is elected and qualified. They shall,
except the Lieutenant Governor aud Attor>
ney General, reside at the seat Of government
during their term of office, and keep the pub
lie records, books and papers there, and shall
perform such duties as may be prescribed by
law.
ELECTION.
2. An election for Governor, Lieutenant.
Governor, Secretary OF State, Auditor,
Treasurer aud Acknowledgement shall be held
ut such t mes and places as may be prescribed
IN tins Constitution. or by general law, and
every four years thereafter.
q. The returns OF every election for the
above NAMED officers shall be sealed up and
transm ted by the returning officers to the
Secre AIRY OF St,te, directed 10 .sThe Speaker
OF the House of Delegates" who shall im-
medIateiy after the organization Of the House,
and before preceding to business. open aud
publish the same in the presence OF a ma
j"rity OF each House of the Legislature, who
shall for that purpose assemble in the hall Of
the House of Delegates. The person having
the highest number of votes for either If
said offices shall be declared duly. elected =;
but if IVY" or m"re have an equal and the high
est number of voters, the Legislature shall,
by joint ballot, choose one of each persons
for SAID office. Contested elections for all Of
said Offices shall be determined by both
Houses Of the Legislature by joint ballot, in
such manner as may be prescribed by law.
ELIGIBILITY.
4. No person shalt be eligible to the Office
of Governor or ACKNOWLEDGEMENTS who
shall not have attained the age Of thirty wears.
and been five years next preceding his cleo.
ton II citizen .: the United States and of
this State. Neither the Governor, Lieuten-
ant,Governor, Secretary of State, Auditor,
Treasurer nor Attorney General, shall he
eligible 10 any other office during the period
for which he shall have been elected. The
Governor and Lieutenant- Governor shall be
eligible to said offices, respect ,ely. for four
years next preceding the term for which
they were elected.
GOVERNOR,
5. The chiet executive power shall be
vested in the Governor, who shall take care
that the laws be ia .thtulIy executed.
u. The Governor shall, ut the commences
ment of each Session, aud ut the close Of his
Term uf office, give To the legislature iniur>
nation by message, OF the condition of the
STATE, and shall recommend such measures as
he shall deem cxpedIent. He shall account
t" the Legislature, aud uccuinpany his mos
sage with a It t.ment Of all money received
aud paid uut by HIM from any funds subject
t. his order, W.T.. vouchers. aud at the com,
mencement .! each regular session, present.
estimates of the amount Of money required
t. be raised by tlxatiun Tor all purposes.
I. The Governor may, on extraordinary oc.
caslons, convene the Legislature, by prucia-
III. ton, stating therein the purpose Tor which
they are convened, and the Legislature shall
ent:r upon no business except that for which
they were called toy, ther.-
g. In case of ii disagreement between two
Houses with respect to the time of adjourn
ment. the Governor may. oL the same being
certified to him 10y the House first moving
the All "urnnenr. adj j"urn The Legislature t.
such tine us he thi"ks proper, not beyond
the first day OF the next regular session.
.. The Governor shall nominate, and by
anC with the advice and cUnscnt OF the Sen
ate "a majority of all tine Senators elected con
cnrrin. by yeas aud nays,) nppoiut all officers
whoSc offices are established by this Consttu
ti"r, ar which may be created by law, and
when app"Intnne' t or election is not otherwise
provided Tor, aud no such officers shall be ap
poi",cd or elected by the Legislature.
III. LII case of Il Vacancy. during the re-
cess OF the Senate, in any "i1ice which is net
elective, the Governor shall make Il ,empora-
~ appointment unrli the next meeting of the
Sena,e, when he shall nominate some person
t, fill such ''fhce and any person so nominated,
who Is confirmed 10y the Senate On majority OF
all the Senators elected concurrIng by yeas
and nays,) shall hold his nfice durin. The re-
malnder Ut the term, and until his successor
shall be appointed and qualified. No person,
after being rejected 10y the Senat", shalt be
again nominated for the same office at the
same session., unless ut the request of the
Senate, or be appointed to the same off e du
rim" the recess of the Legislature.
IL. The Governor shall have power to re-
move any officer whom he may appoint in
case oi inc"mpetencv, neglect OF duty or NAL
ieasance in office aud he may declare his
Office vacant, and fill the same as herein pro.
vidcd IN other cases Of vacancy.
II. The Governor shall have power to res
nit fines and penalties in such cases, and
under such regulations as may be prescribed
by law, TO commute capt.l punishment, and
except when the prosecution has been carried
on lay the u"u>e of Delegates, to grant re-
rr'eves and p~ardons alter conviction ; but lie
shall c"n'municate t" the Legislature. 1T each
session, tine particulars OF every case Of fac or
penalty RENTED, of punishment ummute
and OF reprIeve or pardon granted, with the
reasons Tor rcmitt'us, ~cumnut'ng OR granting