any religious society, shall be eligible to the office of Governor.

SECT. 7. The Governor shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished, during the term for which he shall have been elected.

SECT. 8. He shall be Commander in Chief of the army and navy of this Commonwealth, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless he shall be advised so to do, by a resolution of the General Assembly.

SECT. 9. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers, whose offices are established by this Constitution, or shall be established by law, and whose appointments are not herein otherwise provided for: Provided, that no person shall be so appointed to an office within any county, who shall not have been a citizen and inhabitant therein, one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken: Provided also, that the County Courts shall be authorized by law to appoint inspectors, collectors and their deputies, surveyors of the high ways, constables, jailors, and such other inferior officers, whose jurisdiction may be confined within the limits of a county.

SECT. 10. The Governor shall have power to fill up vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.

SECT. 11. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested.

SECT. 21. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.

He

SECT. 13. He shall from time to time give to the General Assembly, information of the state of the Commonwealth, and recommend to their consideration such measures as he shall deem expedient.

SECT. 14. He may, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that should have become, since their last adjournment, dangerous from an eneiny, or from contagious disorders; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months.

SECT. 15. He shall take care that the laws be faithfully executed.

SECT. 16. A Lieutenant Governor shall be chosen at every election for a 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 whom they vote for as Governor, and whom as Lieut.Governor.

SECT. 17. He shall, by virtue of his office, be Speaker of the Senate, have a right, when in committee of the whole, to debate and vote on all subjects; and when the Senate are equally divided, to give the casting vote.

SECT. 18. In case of the 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 another be duly qualified, or the Governor, absent or impeached, shall return or be acquitted.

SECT. 19. Whenever the government shall be administered by the Lieutenant Governor, or he shall be unable to attend as Speaker of the Senate, the Senators shall elect one of their own members as Speaker, for that occasion. And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the Senate shall, in like manner, administer the goN

vernment.

SECT. 20. The Lieutenant Governor, while he acts as Speaker to 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, shall receive the same compensation which the Governor would have received and been entitled to, had he been employed in the duties of his office.

SECT. 21. The Speaker pro tempore of the Senate, during the time he administers the government, shall receive in like manner the same compensation which the Governor would have received, had he been employed in the duties of his office.

SECT. 22. If the Lieutenant Governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the State during the recess of the General Assembly, it shall be the duty of the Secretary, for the time being, to convene the Senate for the purpose of choosing a Speaker.

SECT. 23. An Attorney General, and such other attornies for the Commonwealth as may be necessary, shall be appointed, whose duty shall be regulated by law. Attornies for the Commonwealth for the several counties shall be appointed by the respective Courts hav ing jurisdiction therein.

SECT. 24. A Secretary shall be appointed and commissioned during the term for which the Governor shall have been elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes, and vouchers relative thereto, before either House of the General Assembly, and shall perform such other duties as may be enjoined him by law.

SECT. 25. Every bill which shall have passed both Houses, shall be presented to the Governor; if he approve, he shall sign it, but, if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large

up

upon their journal, and proceed to reconsider it; if, after such reconsideration, a majority of all the Members elected to that House, shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be considered, and if approved by a majority, it shall be a law; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each House respectively; if any bill shall not be returned by the Governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting.

SECT. 26. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be repassed by a majority of all the Members elected to both Houses, according to the rules and limitations prescribed in case of a bill.

SECT. 27. Contested elections for a Governor and Lieutenant Governor, shall be determined by a committee to be selected from both Houses of the General Assembly, and formed and regulated in such manner as shall be directed by law.

SECT. 28. The Freemen of this Commonwealth (Negroes, Mulattoes, and Indians excepted) shall be armed and disciplined for its defence. Those who conscienously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service. SECT. 29. The commanding ofacers of the respective regiments shall appoint the regimental staff; Brigadier Generals their Brigade Majers; Major Generals their aids; and captains, the non-commissioned officers of companies.

SECT. 30. A majority of the feld officers and captains in each regiment, shall nominate the commission

ed

ed officers in each company, who fhall be commiffioned by the Governor: Provided that no nomination shall be made, unless two at leaft of the field officers are prefent; and when two or more perfons have an equal, and the highest number of votes, the field officer prefent, who inay be highest in commiflion, fhall decide the nomination.

SECT. 31. Sheriffs fhall be hereafter appointed in the following manner :-When the time of a fheriff for any county may be about to expire, the county court for the fame (a majority of all its juftices being prefent) fhall, in the months of September, October, or November next preceding thereto, recommend to the Governor two proper perfons to fill the office, who are then juftices of the county court; and who fhall in fuch recommendation pay a just regard to feniority in office and a regular rotation. One of the perfons fo recommended fhall be commiffioned by the Governor, and shall hold his office for two years, if he fo long behave well, and until a fucceffor be duly qualified. If the county court fall omit in the months aforefaid to make fuch recommendation, the Governor fhall then nominate, and by and with the confent of the Senate, appoint a fit perfon to fill fuch office.

ARTICLE IV.

Concerning the Judicial Department.

SECTION 1. The judicial power of this Cominonwealth, both as to matters of law and equity, shall be vefted in one fupreme court, which fhall be ftyled the Court of Appeals, and in fuch inferior courts as the General Affembly may from time to time erect and eslablifh.

SECT. 2. The court of appeals, except in cafes otherwife directed by this Conftitution, ihall have appellate jurifdiction only; which fhall be co-extenfive with the State, under fuch restrictions, and regulations not repugnant to this Conftitution, as may from time to time be prefcribed by law.

SECT. 3. The Judges, both of theSupreme and Inferi. or Courts, fhall hold their offices during good behaviour; but for any reafonable caufe which shall not be fufficient ground of impeachment, the Governor fhall remove any of them on the addrels of two-thirds of cach House

of