Sec. 5. Each house shall choose its speaker and other officers; and also each house, whose speaker shall exercise the office of Governor may choose a speaker pro tempore.

Sec. 6. Each house shall judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, in such manner, and under such penalties, as shall be deemed expedient.

Sec. 7. Each house may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

Sec. 8. Each house shall keep a journal of its proceedings, and publish them immediately after every session, except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal.

Sec. 9. The doors of each house, and of the committees of the whole, shall be open, unless when the business is such as ought to be kept secret.

Sec. 10. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 11. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the State; but no law varying the compensation shall take effect, till an election of Representatives shall have intervened. They shall in all cases, except treason, felony, or breach of the peace, be priviledged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

Sec. 12. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State, which shall have been created, or the ememoluments of which shall have been increased during such time. No person concerned in any army or navy contract, no member

of Congress, nor any person holding any office under this State or the United States, except the Attorney-General, officers usually appointed by the courts of justice respectively, attorneys at law and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office be a Senator or Representative.

Sec. 13. When vacancies happen in either house, writs of election shall be issued by the speakers respectively, or in cases of necessity, in such other manner as shall be provided by law; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected might have done, if such vacancies had not happened.

Sec. 14. All bills for raising revenue shall originate in the House of Representatives; but, the Senate may propose alterations as on other bills; and no bill, from the operation of which when passed into a law revenue may incidentally arise, shall be accounted a bill for raising revenue; nor shall any matter or clause whatever, not immediately relating to and necessary for raising revenue, be in any manner blended with or annexed to a bill for raising revenue.

Sec. 15. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every two years.

Sec. 16. The State Treasurer shall be appointed biennially by the House of Representatives, with the concurrence of the Senate. In case of a vacancy in the office of State Treasurer in the recess of the General Assembly, either through omission of the General Assembly to appoint, or by the death, removal out of the State, resignation, or inability of the State Treasurer, or his failure to give security, the Governor shall fill the vacancy by appointment to continue until the next meeting of the General Assembly. The State Treasurer shall settle his accounts annually with the General Assembly, or a committee thereof, which shall be appointed at every biennial session. No person who hath served in the office of State Treasurer shall be eligible to a seat in either house of the General Assembly until he shall have made a final settlement of his accounts as treasurer and discharged the balance, if any, due thereon.

Sec. 17. No act of incorporation, except for the renewal of existing corporations, shall be hereafter enacted without the

concurrence by two-thirds of each branch of the Legislature; and with a reserved power of revocation by the Legislature; and no act of incorporation which may be hereafter enacted, shall continue in force for a longer period than twenty years, without the re-enactment of the Legislature, unless it be an incorporation for public improvement. (The Legislature shall have power to enact a general incorporation act to provide incorporation for religious, charitable, literary and manufacturing purposes, for the preservation of animal and vegetable food, building and loan associations, and for draining low lands; and no attempt shall be made, in such act or otherwise, to limit or qualify the power of revocation reserved to the Legislature in this section.)

ARTICLE III.

Section 1. The supreme executive powers of the State shall be vested in the Governor.

Sec. 2. The Governor shall be chosen by the citizens of the State. The returns of every election for Governor shall be sealed up and immediately delivered by the returning officers of the several counties to the Speaker of the Senate, or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State, who shall keep the same until a Speaker of the Senate shall be appointed to whom they shall be immediately delivered after his appointment, who shall open and publish the same in the presence of the members of both Houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the prothonotary of each county. The person having the highest number of votes shall be Governor; but if two or more shall be equal in the highest number of votes, the members of the two houses shall, by joint ballot, choose one of them to be Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the speaker of the Senate shall have an additional casting vote.

Contested elections of a Governor shall be determined by a joint committee, consisting of one-third of all the members of each branch of the Legislature, to be selected by ballot of the houses respectively; every person of the committee shall take an oath of affirmation, that in determining the said election, he will faithfully discharge the trust imposed in him; and the committee shall always sit with open doors.

Sec. 3. The Governor shall hold his office during four years from the third Tuesday of January next ensuing his election; and shall not be eligible a second time to said office.

Sec. 4. He shall be at least thirty years of age, and have been a citizen and inhabitant of the United States twelve years next before the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State unless he shall have been absent on the public business of the United States or of this State.

Sec. 5. No member of Congress, nor person holding any office under the United States or this State, shall exercise the office of Governor.

Sec. 6. The Governor shall, at stated times, receive for his services an adequate salary, to be fixed by law, which shall be neither increased nor diminshed during the period for which he shall have been elected.

Sec. 7. He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.

Sec. 8. He shall 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; but no person shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabitant therein one year next before his appointment, nor hold the office longer than he continues to reside in the county. No member of Congress, nor any person holding or exercising any office under the United States, shall at the same time hold or exercise the office of judge, treasurer, attorney-general, secretary, prothonotary, register for the probate of wills and granting letters of administration, recorder, sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold more than one of the following offices at the same time, to wit: Treasurer, attorney-general, prothonotary, register or sheriff. All commissions shall be in the name of the State, shall be sealed with the great seal, and be signed and attested by the Governor. Sec. 9. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeach

ment. He shall set forth in writing, fully, the grounds of all reprieves, pardons and remissions, to be entered in the register of his official acts, and laid before the General Assembly at their next session.

Sec. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties in their respective offices.

Sec. 11. He shall from time to time give to the General Assembly information of affairs concerning the State and recommend to their consideration such measures as he shall judge expedient.

Sec. 12. He may on extraordinary occasions convene the General Assembly; 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 three months. Sec. 13. He shall take care that the laws be faithfully executed.

Sec. 14. Upon any vacancy happening in the office of Gover nor by his death, removal, resignation, or inability, the speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. If there be no speaker of the Senate, or upon a further vacancy happening in the office by his death, removal, resignation or inability, the speaker of the House of Representatives shall exercise the office until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die, or become disqualified, before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Governor, there be no other person who shall exercise said office within the provisions of the Constitution, the Secretary of State shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect by joint ballot of both houses, a person to exercise the office until a Governor elected by the people shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor-elect die, or become disqualified, before the commencement of his term, or refuse to take the office, on election for Governor shall be held at the next general election, unless the vacancy happen within six days next preceding the election, exclusive of the day of the happening of the vacancy and the day