Page:The Federal and state constitutions v5.djvu/271

This page needs to be proofread.
North Carolina—1776
2797

Sec. 4. One. In the election of all officers, whose appointment is conferred on the general assembly by the constitution, the vote shall be viva voce.

Two. The general assembly shall have power to pass laws regulating the mode of appointing and removing militia officers.

Three. The general assembly shall have power to pass general laws, regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case.

Four. The general assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any persons not born in lawful wedlock, or to restore to the rights of citizenship, any person convicted of an infamous crime; but shall have power to pass general laws regulating the same.

Five. The general assembly shall not pass any private law, unless it shall be made to appear, that thirty days' notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law.

Six. If vacancies shall occur by death, resignation, or otherwise, before the meeting of the general assembly, writs may be issued by the governor, under such regulations as may be prescribed by law.

Seven. The general assembly shall meet biennially, and at each biennial session shall elect by joint vote of the two houses a secretary of state, treasurer, and council of state, who shall continue in office for the term of two years.

Art. II. One. The governor shall be chosen by the qualified voters for the members of the house of commons, at such time and places as members of the general assembly are elected.

Two. He shall hold his office for the term of two years from the time of his installation, and until another shall be elected and qualified; but he shall not be eligible more than four years in any term of six years.

Three. The returns of every election for governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of both houses of the general assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by joint vote of both houses of the general assembly.

Four. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

Five. The governor-elect shall enter on the duties of the office on the first day of January next after his election, having previously taken the oaths of office in the presence of the members of both branches of the general assembly, 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 authorized to administer the same.

Art. III. Section 1. One. 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, maladministration, or corruption.