Mr. KENNARD. I desire to inquire how
many members have been excused, and how
many are present this morning, I wish to
learn whether it is likely that we shall have
a quorum to-night.
The PRESIDENT. There may be others come
in the cars; and at least those who are
present will not be recorded on the journal as
absentees,
EXECUTIVE DEPARTMENT.
Mr. GREENE from the committee on the ex-
ecutive department, submitted the following
report, winch was read the first time:
The committee on the executive depart-
ment respectfully submit the following re-
port :
Section 1. The executive power of the
State shall bevested in a governor, whose
term of office shall commence on the second
Wednesday of January next ensuing his elec-
tion and continue for four years, and until
his successor shall have qualified; but the
governor chosen at the first election under
this constitution, shall not enter upon the
discharge of the duties of the office until the
expiration of the term for which the present
incumbent was elected, unless the said office
shall become vacant by death, resignation,
removal from the State, or other disqualifica-
tion of the said incumbent.
Sec. 2. The first election for governor
under this constitution, shall be held on the
Tuesday next after the first Monday of
November, in the year eighteen hundred and
sixty-tour, and on the same day and month
in every fourth year thereafter, at the plaices
of voting for delegates to the general assem-
bly, and every person qualified to vote for
delegates shall be qualified and entitled to
vote for governor; the election to be held in
the same manner as the election of delegates,
and the returns thereof, under seal, to be ad-
dressed to the speaker of the house of dele-
gates, and enclosed and transmitted to the
secretary of State, and delivered to the said
speaker at the commencement of the session
of the legislature next ensuing said election.
Sec. 3. The speaker of the house of dele-
gates shall then open the said returns in the
presence of both houses, and the person hav-
ing the highest number of votes, and being
constitutionally eligible shall be governor,
and shall qualify in the manner herein pre-
scribed, on the second Wednesday of January
next ensuing his election, or as soon there
after as may be practicable.
Sec, 4. If two or more persons shall have
the highest and an equal number of votes,
one of them shall he chosen governor by the
senate and house of delegates; and all ques-
tions in relation to the eligibility of governor,
and to the returns of said election, and to the
number and legality of votes therein given,
shall be determined by the house of delegates.
And if the person or persons having the |
highest number of votes be ineligible, the
governor shall be chosen by the senate and
house of delegates. Every election of gover-
nor by the legislature, shall be determined
by a joint majority of the senate and house
of delegates, and the vote shall be taken viva
voce. But if two or more persons shall have
the highest and an equal number of votes,
then a second vote shall be taken, which
shall be confined to the persons having an
equal number; and if the votes should be
again equal, then the election of governor
shall be determined by lot between those who
shall have the highest and an equal number
on the first vote.
Sec. 5. A person to be eligible to the
office of governor, must have attained the age
of thirty years, and been tor five years a
citizen of the United States, and for five
years next preceding his election, a resident
of the State..
Sec. 6. A lieutenant governor shall be
chosen at every regular election for governor,
in the same manner to continue in office for
the same time and possess the same qualifi-
cations as the governor, in voting for gov-
ernor and lieutenant governor, the electors
shall state for whom they vote as governor,
and for whom as lieutenant governor.
Sec. 7, The lieutenant governor shall, by
virtue of his office, be president of the sen-
ate) and whenever the senate are equally
divided, shall have the right to give the cast-
ing vote.
Sec. 8. In case of the death, resignation,
removal from the State, or other (disqualifica-
tion of the. governor, the powers, duties and
emoluments of the office shall devolve upon
the lieutenant governor; and in cause of his
death, resignation, or removal, then upon
the president of the senate for the time being
—until the disqualification or inability shall
cease, or until a new governor shall be elected
and qualified.
Sec. 9. Whenever the government shall
be administered by the lieutenant governor,
or be shall be unable to attend as president
of the senate) the senators shall elect one of
their own number as president pro tempore.
Sec. 10. The lieutenant governor, while
he acts as president of the senate, shall re-
ceive for his services the same compensation
which shall for the same period, be allowed
to the speaker of the house of delegates, and
no more.
Sec. 11. The governor shall be comman-
der-in-chief of the land and naval forces of
the State, and may call out the militia to
repel invasions, suppress insurrections, and
enforce the execution of the laws; but shall
not take the command in person without the
consent of the legislature.
Sec. 12. He shall take care that the laws
be faithfully executed.
Sec. 13. He shall nominate, and by and
with the advice and consent of the senate, |
