Viewing page 131 of 326


election for Governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant Governor, the electors shall distinguish for whom they vote as Governor, and for whom as Lieutenant Governor.

SEC. 20. He shall, by virtue of his office, be President of the Senate, have a right, when in committee of the whole, to debate, and, whenever the senate are equally divided shall give the casting vote.

SEC. 21. Whenever the government shall be administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the senate shall elect one of their own members as president for that occasion; and if, during the vacancy of the office of the Governor, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the State, the President of the Senate shall, in like manner, administer the government.

SEC. 22. The Lieutenant Governor, while he acts as President of the Senate shall receive for his services the same compensation which shall for the same period be allowed to the Speaker of the House of Representatives, and no more; and during the time he administers the government, as Governor, he shall receive the same compensation which the Governor would have received had he been employed in the duties of his office.

SEC. 23. In case of an impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the Lieutenant Governor shall exercise all the power and authority appertaining to the office of Governor, until the time pointed out by this constitution for the election of a Governor shall arrive, unless the General Assembly shall provide by law for the election of Governor to fill such vacancy.

SEC. 24. The Governor shall always reside at the seat of government.

SEC. 25. No person shall hold the office of Governor or Lieutenant Governor, and any other office or commission, civil or military, either in this State or under any State, or the United States, or any other power, at one and the same time.

SEC. 26. There shall be elected, by the qualified voters of this STate, an Auditor and Treasurer for this State, who shall hold their offices for the term of two years, and until their respective successors are elected and qualified, unless sooner removed; and shall keep their respective offices at the seat of government, and perform such duties as shall be prescribed by law; and in case of vacancy by death, resignation or otherwise, such vacancy shall be filled by the Governor as in other cases.



SECTION 1. The militia of this State shall be divided into convenient divisions, brigades, regiments and companies, and officers of corresponding titles and rank elected to command them, conforming, as nearly as practicable, to the general regulations of the army of the United States; and all officers shall be elected by those subject to military duty in their several districts, except as hereinafter provided.

SEC. 2. The Governor shall appoint the adjutant general and other members of his staff, and major generals, brigadier generals, and commanders of regiments, shall respectively appoint their own staff; and all commissioned officers may continue in office during good behavior, and staff officers during the same time, subject to be removed by the superior officer from whom they respectively derive their commissions.



SECTION 1. The judicial power of this State shall be vested in one supreme court, in circuit courts, in county courts, and in justices of the peace. The General Assembly may also vest such jurisdiction as may be deemed necessary in corporation courts, and when they deem it expedient, may establish courts of chancery.

SEC. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, any two of whom shall constitute a quorum, and the concurrence of any two of said judges shall, in every case, be necessary to a decision.
The supreme court, except in cases otherwise directed by the constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations as may, from time to time, be prescribed by law.

It shall have a general superintending control over all inferior and other courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari and habeas corpus, mandamus and quo warranto, and other remedial writs, and to hear and determine the same. Said judges shall be conservators of the peace throughout the State, and shall have power to issue any of the aforesaid writs.

SEC. 3. The circuit court shall have original jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction of all crimes amounting
Please note that the language and terminology used in this collection reflects the context and culture of the time of its creation, and may include culturally sensitive information. As an historical document, its contents may be at odds with contemporary views and terminology. The information within this collection does not reflect the views of the Smithsonian Institution, but is available in its original form to facilitate research. For questions or comments regarding sensitive content, access, and use related to this collection, please contact