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appendix.

tion shall be governed by the same rules prescribed for general elections of governor, as far as applicable; the returns shall be made to the secretary of state, who, in presence of the acting governor, and judges of the supreme court, or one of them at least, shall compare them, and together with said acting governor and judges, declare who is elected; and if there be a contested election, it shall be decided by the judges of the supreme court, in manner to be prescribed by law.

Sec. 22. The governor shall always reside at the seat of government.

Sec. 23. No person shall hold the office of 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. 24. There shall be elected, by the joint vote of both houses of the general assembly, 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.

militia.

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.

Sec. 2. Major generals shall be elected by the brigadier generals and field officers of their respective divisions; brigadier generals shall be elected by the field officers and commissioned company officers of their respective brigades; field officers shall be elected by the officers and privates of their respective regiments; and captains and subaltern officers shall be elected by those subject to military duty in their respective companies.