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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1328   View pdf image (33K)
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1328
commencement of each regular session of
the legislature, and their term of office (ex-
cept in cases otherwise provided for in this
constitution) shall commence on the first
Monday of May next ensuing their appoint-
ment, and continue for two years (unless
sooner removed 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 re-
move for incompetency or misconduct, all
civil officers who received appointments
from the executive for a term not exceeding
two years.
"Sec. 18. The governor may convene the
legislature, or the senate alone, on extraordi-
nary occasions; and whenever, from the presence
of an coonly 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 be deem
it expedient, to examine the bank book, ac-
count books, and official proceedings of the
treasurer and comptroller of the State.
"See. 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
expedient.
"Sec. 21. He shall have power to grant
reprieves and pardons except in cases of im-
peachment, and in cases in which he is prohib-
ited by other articles of this constitution, and
to remit fines and forfeitures for offences
against the State; but shall pot remit the
principal or interest of any debt due to the
State, except in cases 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 influence 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
dollars, "
SECRETARY OF STATE.
Section twenty-three was then read as fol-
lows;
"Sec.. 23. A secretary of state shall heap-
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 he received his ap-
pointment, and shall receive anannual salary
of one thousand dollars. "
Mr. JONES, of Somerset. I think this sec-
tion should be amended. It was suggested
yesterday, in opposition to making the lien-
tenant governor perform the duties of secre-
tary of state in addition to his own appro-
priate duties, that the secretary of state was a
sort of confidential officer of the governor,
appointed by him, and in confidential rela-
tions with him. That, I presume, is true. If
so, then I think his term of service should be
only while the governor who appointed him
continues to act as governor. And if at any
time the governor should die, or become dis-
qualified, then his successor should be al-
lowed to appoint a secretary of state, to oc-
cupy towards him the same confidential rela-
tions.
Mr. MILLER. The section as it stands covers
the case. It says the secretary of state shall
continue in office "till the end of the official
term of the governor from whom be received
his appointment." If be received an appoint-
ment from A as governor, and the official
term of A expires, either from the lapse of
time, resignation, death, or any other cause,
then the secretary of state goes out with the
governor.
Mr. JONES, of Somerset. Suppose a govern-
or is elected for four years, and dies during
the first year?
Mr. MILLER. Then the official term of that
governor expires during that first year,
Mr. JONES, of Somerset. The term of office
is fixed at four years; and four years is the.
official term. At least, I think it is open to
very grave doubt.
Mr. SANDS. I think I can suggest an amend-
ment which will meet the views of the gentle-
man from Somerset (Mr. Jones.) Insert af-
ter the words, "official term," the words
"or the death, resignation, removal, or dis-
qualification." It will then read :
" A secretary of state shall be appointed by
the governor, by and with the advice and
consent of the senate, who shall continue in
office, unless sooner removed by the govern-
or, till the end of the official term, or the
death, resignation, removal, or disqualifica-
tion of the governor from whom he received
his appointment, and shall receive an annual
salary of one thousand dollars. "
Mr. JONES, of Somerset. Any amendment
will suit that will remove the doubt.
Mr. SCOTT. The section now says the sec-
retary of state "shall continue in office, un-
less sooner removed by the governor, till the
end of the official term, " &c, I think that
fully meets the case.
Mr. THOMAS. I think: this section is per-
fectly correct, with the exception that the
words ' 'unless sooner removed by the gov-
ernor," should be after the words "from


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1328   View pdf image (33K)
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