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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1239   View pdf image (33K)
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appoint all civil and military officers of the
State, whose appointment or election is not
otherwise herein provided for, unless a differ-
ent mode of appointment be prescribed by
the law creating the office.
Sec, 14, In case of any vacancy during
the recess of the senate, in any office which
the governor has power to fill, he shall appoint
some suitable person to said office,
whose commission shall continue in force till
the end of the next session of the legisla-
ture, or till some other person is appointed
to the same office, whichever shall first occur,
and the nomination of the person thus ap-
pointed during the recess, or of some other
person in his plaice, shall be made to the sen-
ate, within thirty days after the next meet-
ing of the legislature.
Sec. 15, No person, after being rejected
by the senate, shall bo again nominated for
the same office, ait the same session, unless at
the request of the senate; or be appointed to
the same office during the recess of the legis-
Sec. 16. All civil officers appointed by
the governor and Senate, shall be nominated
to the senate within fifty days from the com-
mencement of each regular session of the leg-
islature, and their term of office (except in
cases otherwise provided for in this constitution)
shall commence on the first Monday of
May next ensuing their appointment, and
continue for two years (unless sooner re-
moved from office) and until their successors
respectively qualify according to law.
Sec. 17. The governor may suspend or
arrest any military officer of the State, for
disobedience of orders, or other military
offence, and may remove him in pursuance
of the sentence of a court martial; and may
remove for incompetency or misconduct, all
civil officers who received appointment? from
the executive tor a term not exceeding two
Sec. 18. The governor may convene the
legislature, or the senate alone, on extraor-
dinary occasions; and whenever, from the
presence of an enemy or from any other cause
the seat of government shall become an unsafe
place for the meeting of the legislature, he
may direct their sessions to be held at some
other convenient place.
Sec. 19. It shall be the duty of the gov-
ernor, semi-annually, and oftener if he deem
it expedient, to examine the hank book,
account books, and official proceedings of the
treasurer and comptroller of the State.
Sec. 20. He shall from time to time in-
form the legislature of the condition of the
State, and recommend to their consideration
such measures as he may judge necessary and
Sec. 21. He shall have power to grant re-
prieves and pardons, except in cases of im-
peachment, and in case's in which he is pro-
hibited by other articles of this constitution,
and to remit fines and forfeitures for offences
against the State; but shall not remit the
principal or interest of any debt due to the
State, except incases of fines and forfeitures ;
and before granting a nolle prosequi, or par-
don, he shall give notice in one or more news-
papers of the application made for it, and of
the day on or after which his decision will be
given; and in every case in which he exer-
cises this power, he shall report to either
branch of the legislature, whenever required,
the petitions, recommendations and reasons
which influenced his decision.
Sec. 22. The governor shall reside at the
seat of government, and shall receive for his
services an annual salary of four thousand
Sec. 23. A secretary of State shall be ap-
pointed by the governor, by and with the ad-
vice and consent of the senate, who shall con-
tinue in office, unless sooner removed by the
governor, till the end of the official term of
the governor from whom lie received his ap-
pointment, and shall receive an annual salary
of one thousand dollars.
Sec. 24. He shall carefully keep and pre-
serve a record of all official acts and proceed-
ings, which may at all times he inspected by a
committee of either branch of the legislature,
and shall perform such other duties as may
be prescribed by law, or as may properly be-
long to his office.
Mr. MILLER, from a minority of said com-
mittee, submitted the following report:
The undersigned, members of the com-
mittee on the executive department, respect-
fully submit the following minority report:
In lieu of the second section of the report
of the minority, they submit and recommend
the adoption of the following :
Section 2. The first election for governor,
under this constitution, shall be held on the
Tuesday next after the first Monday in No-
vember, eighteen hundred and sixty-five, and
the second election shall be held on the Tues-
day next after the first Monday in November,
eighteen hundred and sixty-eight, and on the
same day and month in every fourth year
thereafter, at the places of voting for dele-
gates to the general assembly) and every per-
son qualified to vote fur 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 addressed to the
speaker of the house of delegates, and enclosed
and transmitted to the secretary of state, and
delivered to the said speaker at the commence-
ment of the session of the legislature next en-
suing said election.
They further recommend the omission of
all the sections in the report of the majority,
having reference to the office and duties of
lieutenant governor, being sections 6,7,8,9

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1239   View pdf image (33K)
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