shall be vested the supreme executive power of the State, a
Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer, a
Superintendent of Public Instruction, and an Attorney-General, who shall
be elected for a term of four years by the qualified electors of the
State, at the same time and places and in the same manner as members of
the General Assembly are elected. Their term of office shall commence on
the first day of January next after their election, and continue until
their successors are elected and qualified: _Provided_, that the
officers first elected shall assume the duties of their office ten days
after the approval of this Constitution by the Congress of the United
States, and shall hold their offices four years from and after the first
day of January.
[Sidenote: Qualifications of Governor and Lieutenant-Governor.]
SEC. 2. No person shall be eligible as Governor or Lieutenant-Governor
unless he shall have attained the age of thirty years, shall have been a
citizen of the United States five years, and shall have been a resident
of this State for two years next before the election; nor shall the
person elected to either of these two offices be eligible to the same
office more than four years in any term of eight years, unless the
office shall have been cast upon him as Lieutenant-Governor or President
of the Senate.
[Sidenote: Returns of elections.]
SEC. 3. The return of every election for officers of the Executive
Department shall be sealed up and transmitted to the seat of government
by the returning officers, directed to the Speaker of the House of
Representatives, who shall open and publish the same in the presence of
a majority of the members of both Houses of the General Assembly. The
person having the highest number of votes respectively shall be declared
duly elected; but if two or more be equal and highest in votes for the
same office, one of them shall be chosen by joint ballot of both Houses
of the General Assembly. Contested elections shall be determined by a
joint ballot of both Houses of the General Assembly in such manner as
shall be prescribed by law.
[Sidenote: Oath of office for Governor.]
SEC. 4. The Governor, before entering upon the duties of his office,
shall, in the presence of the members of both branches of the General
Assembly, or before any Justice of the Supreme Court, take an oath or
affirmation that he will support the Constitution and laws of the United
States, and of the State of North Carolina, and that he will faithfully
perform the duties appertaining to the office of Governor, to which he
has been elected.
[Sidenote: Duties of Governor.]
SEC. 5. The Governor shall reside at the seat of government of this
State, and he shall, from time to time, give the General Assembly
information of the affairs of the State, and recommend to their
consideration, such measures as he shall deem expedient.
[Sidenote: Reprieves, commutations and pardons.]
SEC. 6. The Governor shall have power to grant reprieves, commutations
and pardons, after conviction, for all offenses (except in cases of
impeachment), upon such conditions as he may think proper, subject to
such regulations as may be provided by law relative to the manner of
applying for pardons. He shall biennially communicate to the General
Assembly each case of reprieve, commutation or pardon granted, stating
the name of each convict, the crime for which he was convicted, the
sentence and its date, the date of the commutation, pardon or reprieve
and the reasons therefor.
[Sidenote: Annual reports from officers of Executive Department and of
public institutions.]
SEC. 7. The officers of the Executive Department and of the public
institutions of the State shall, at least five days previous to each
regular session of the General Assembly, severally report to the
Governor, who shall transmit such reports with his message to the
General Assembly; and the Governor may, at any time, require information
in writing from the officers in the Executive Department upon any
subject relating to the duties of their respective offices, and shall
take care that the laws be faithfully executed.
[Sidenote: Commander in chief.]
SEC. 8. The Governor shall be Commander in Chief of the militia of the
State, except when they shall be called into the service of the United
States.
[Sidenote: Extra sessions of General Assembly.]
SEC. 9. The Governor shall have power, on extraordinary occasions, by
and with the advice of the Council of State, to convene the General
Assembly in extra session by his proclamation, stating therein the
purpose or purposes for which they are thus convened.
[Sidenote: Officers whose appointments are not otherwise provided for.]
SEC. 10. The Governor shall nominate and, by and with the advice and
consent of a majority of the Senators-elect, appoint all officers whose
offices are established by this Constitution and whose appointments are
not otherwise provided for.
[Sidenote: Duties of the Lieutenant-Governor.]
SEC. 11. The Lieutenant-Governor shall be President of the Senate, but
shall have no vote unless the Senate is equally divided. He shall,
whilst acting as President of the Senate, receive for his services the
same pay which shall, for the same period, be allowed to the Speaker of
the House of Representatives; and he shall receive no other compensation
except when he is acting as Governor.
[Sidenote: In case of impeachment of Governor, or vacancy caused by
death or resignation.]
SEC. 12. In case of the impeachment of the Governor, his failure to
qualify, his absence from the State, his inability to discharge the
duties of his office, or, in case the office of Governor shall in any
wise become vacant, the powers, duties and emoluments of the office
shall devolve upon the Lieutenant-Governor until the disability shall
cease or a new Governor shall be elected and qualified. In every case in
which the Lieutenant-Governor shall be unable to preside over the
Senate, the Senators shall elect one of their own number President of
their body; and the powers, duties and emoluments of the office of
Governor shall devolve upon him whenever the Lieutenant-Governor shall,
for any reason, be prevented from discharging the duties of such office
as above provided, and he shall continue as acting Governor until the
disabilities are removed, or a new Governor or Lieutenant-Governor shall
be elected and qualified. Whenever, during the recess of the General
Assembly, it shall become necessary for the President of the Senate to
administer the government, the Secretary of State shall convene the
Senate, that they may select such President.
[Sidenote: Duties of other executive officers.]
SEC. 13. The respective duties of the Secretary of State, Auditor,
Treasurer, Superintendent of Public Instruction, and Attorney-General
shall be prescribed by law. If the office of any of said officers shall
be vacated by death, resignation or otherwise, it shall be the duty of
the Governor to appoint another until the disability be removed or his
successor be elected and qualified. Every such vacancy shall be filled
by election at the first general election that occurs more than thirty
days after the vacancy has taken place, and the persons chosen shall
hold the office for the remainder of the unexpired term fixed in the
first section of this article.
[Sidenote: Council of State.]
SEC. 14. The Secretary of State, Auditor, Treasurer, and Superintendent
of Public Instruction shall constitute, _ex officio_, the Council of
State, who shall advise the Governor in the execution of his office, any
three of whom shall constitute a quorum. Their advice and proceedings in
this capacity shall be entered in a journal to be kept for this purpose
exclusively, and signed by the members present, from any part of which
any member may enter his dissent; and such journal shall be placed
before the General Assembly when called for by either House. The
Attorney-General shall be, _ex officio_, the legal adviser of the
Executive Department.
[Sidenote: Compensation of executive officers.]
SEC. 15. The officers mentioned in this article shall, at stated
periods, receive for their services a compensation to be established by
law, which shall neither be increased nor diminished during the time for
which they shall have been elected, and the said officers shall receive
no other emolument or allowance whatever.
[Sidenote: Seal of State.]
SEC. 16. There shall be a seal of the State, which shall be kept by the
Governor, and used by him as occasion may require, and shall be called
"The Great Seal of the State of North Carolina." All grants and
commissions shall be issued in the name and by the authority of the
State of North Carolina, sealed with "The Great Seal of the State,"
signed by the Governor and counter-signed by the Secretary of State.
[Sidenote: Department of Agriculture, Immigration and Statistics.]
SEC. 17. The General Assembly shall establish a Department of
Agriculture, Immigration and Statistics, under such regulations as may
best promote the agricultural interests of the State, and shall enact
laws for the adequate protection and encouragement of sheep husbandry.
ARTICLE IV.
JUDICIAL DEPARTMENT.
[Sidenote: Abolishes the distinction between actions at law and suits in
equity.]
[Sidenote: Feigned issues abolished.]