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ously taken the oaths of office in the presence of the members of both branches of the General Assembły, or before the Chief Justice of the Supreme Court, who, in case the Governor elect should be prevented from attendance before the General Assembly, by sickness or other unavoidable cause, is authorised to administer the same.
SECTION 1. The Governor, Judges of the Supreme Court, and Judges of the Superior Courts, and all other officers of this State, (except Justices of the Peace and Militia officers,) may be impeached for wilfully violating any Article of the Constitution, mal-administration, or corruption.
Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under this State; but the party convicted may, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.
The House of Commons shall have the sole power of impeachment. The Senate shall have the sole power to try all impeachments; no person shall be convicted upon any impeachment, unless two-thirds of the Senators present shall concur in such conviction; and before the trial of any impeachment, the members of the Senate shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence.
Sec. 2. Any Judge of the Supreme Court, or of the Superior Courts, may be removed from office for mental or physical inability upon a concurrent resolution of two-thirds of both branches of the General Assembly. The Judge against whom the Legislature may be about to proceed, shall receive notice thereof accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on whicb either branch of the General Assembly shall act thereon.
The salaries of the Judges of the Supreme Court, or of the Superior Courts, shall not be diminished during their continuance in office.
Sec. 3. Upon the conviction of any Justice of the Peace of any infamous crime, or of corruption and mal-practice in office, the commission of such Justice shall be thereby vacated, and he shall be forever disqualified from holding such appointment.
Sec. 4. The General Assembly, at its first session after the year one thousan I eight hundred and thirty-nine, and from time to time thereafter, shall appoint an Attorney General, who shall be commissioned by the Governor, and shall hold his office for the term of four years; but if the General Assembly should hereafter extend the term during which Solicitors of the State shall hold their offices, then they shall have power to extend the term of office of the Attorney General to the same period.
SECTION 1. No Convention of the People shall be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House of the General Assembly.
No part of the Constitution of this State shall be altered, unless a Bill to alter the same shall have been read three times in each House of the General Assembly, and agreed to by threefifths of the whole number of each House respectively ; nor shall any alteration take place until the Bill, so agreed to, shall have been published six months previous to a new election of
members to the General Assembly. If, after such publication, } the alteration proposed by the preceding General Assembly, i shall be agreed to in the first session thereafter, by two-thirds
of the whole representation in each House of the General Assembly, after the same shall have been read three times, on three several days, in each House, then the said General Assembly shall prescribe a mode by which the Amendment or Amendments may be submitted to the qualified voters of the House of Commons throughout the State; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the Constitution.
Sec. 2. The thirty-second section of the Constitution shall be amended to read as follows:-No person who shall deny the being of God, or the truth of the Christian Religion, or the divine authority of the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State.
Sec. 3. Capitation tax shall be equal throughout the State e upon all individuals subject to the same.
All free males over the age of twenty-one, years, and under the
age of twelve of forty-five years, and all slaves over the age of twelve years, and under the age of fifty years, shall be subject to Capitation tax, and no other person shall be subject to such tax; provided, that nothing herein contained shall prevent exemptions of taxable polls as heretofore prescribed by law in cases of bodily infirmity.
Sec. 4. No person who shall hold any office or place of trusi f or profit under the United States, or any department thereof, or under this State, or any other State or Government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either House of the General Assembly : Provided, That nothing herein contained shall extend to officers in the Militia or Justicesi of the Peace.
Ratified in Convention, this eleventh day of July in the year
of our Lord one thousand eight hundred and thirty-five.
NATHANIEL MACON, President.
EDMUND B. FREEMAN, Secretary of Convention.
SYNOPSIS OF THE CONSTITUTION,
SO FAR AS IT RELATES TO THE
APPOINTMENT OR ELECTION OF GOVERNOR,
JUDGES AND MEMBERS OF ASSEMBLY.
GOVERNOR. -The Governor is to be elected by the qualified
voters for members of the House of Commons. He is chosen
terms in succession.
elected by the Legislature, and hold their offices for life or
during good behaviour. The State Treasurer, Comptroller, coding and Secretary of State are also elected by the Legislature,
and they hold their offices for the term of two years. The
the Legislature. The Assembly recommends by a vote to
are thus recommended or voted for by the Assembly.
, is to consist of fifty Senators and one hundred
twenty Representatives. The members of the Hoi
The federal ponulat
maining part of 120 are apportioned among the otha
Counties according to the federal population as aforesaid. The QUALIFICATIONS OF MEMBERS OF THE HOUSE.—Each
member of the House of Commons must have resided for one year, immediately previous to the election in the Count which he represents; and he must also have possessed, in the County which he represents, for six months before the eleg
tion, a freehold of one hundred acres of land. VOTERS FOR MEMBERS OF THE HOUSE.-All free white persong
twenty-one years old, and who have paid public taxes, al entitled to vote for members of the House of Commons for the county or district in which the said persons have resided to
twelve months preceding the day of election. SENATE.—The fifty Senators of the State are apportioned amon
fifty districts laid off to the amount of taxes paid. The di tricts, according to the requirements of the Constitution were laid off by the Legislature, at its first session after the yex 1841; they are again to be laid off at the first session afta 1851, and then every twenty years. The members of tla
House are to be apportioned at the same times. Senators must have resided for a year preceding the electior
in the district which they represent, and for the same time and in the same district shall have possessed and still possess,
a freehold of three hundred acres of land. VOTERS FOR SENATORS.—All free white men, twenty-one years
old, and who have paid public taxes, and been inbabitants any one district in the State for twelve months preceding the election, and who have possessed, each, a freehold of fifty acres of land, in the district, for six months before, and the day of election, are entitled to vote for members of tlk Senate.