2. The high court of errors and appeals shall consist of three judges, any two of whom shall form a quorum. The legislature shall divide the state into three districts, and the qualified electors of each district shal! elect one of said judges for the term of six years.

3. The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years, so that at the expiration of every two years, one of said judges shall be elected as aforesaid.

4. The high court of errors and appeals shall have no jurisdiction, but such as properly belongs to a court of errors and appeals.

5. All vacancies that may occur in said court, from death, resignation or removal, shall be filled by election as aforesaid. Provided, however, that if the unexpired term do not exceed one year, the vacancy shall be filled by executive appointment.

6. No person shall be eligible to the office of judge of the high court of errors and appeals, who shall not have attained, at the time of his election, the age of thirty years.

7. The high court of errors and appeals shall be held twice in each year, at such place as the legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the seat of government of the

state.

8. The secretary of state, on receiving all the official returns of the first election, shall proceed, forthwith, in the presence and with the assist. ance of two justices of the peace, to determine by lot among the three candidates having the highest number of votes, which of said judges elect shall serve for the term of two years, which shall serve for the term of four years, and which shall serve for the term of six years, and having so determined the same, it shall be the duty of the governor to issue commissions accordingly.

9. No judge shall sit on the trial of any cause when the parties or either of them shall be connected with him by affinity or consanguinity, or when he may be interested in the same, except by consent of the judge and of the parties; and whenever a quorum of said court are situated as aforesaid, the governor of the state shall in such case specially commission two or more men of law knowledge for the determination thereof.

10. The judges of said court shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office.

11. The judges of the circuit court shall be elected by the qualified electors of each judicial district, and hold their offices for the term of four years, and reside in their respective districts.

12. No person shall be eligible to the office of judge of the circuit court, who shall not at the time of his election, have attained the age of twenty-six years.

13. The state shall be divided into convenient districts, and each district shall contain not less than three nor more than twelve counties.

14. The circuit court, shall have original jurisdiction in all matters, civil and criminal, within this state; but in civil cases only when the principal of the sum in controversy exceeds fifty dollars.

15. A circuit court shall be held in each county of this state, at least twice in each year; and the judges of said courts, shall interchange circuits with each other, in such manner as may be prescribed by law,

Police

and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office.

16. A separate superior court of chancery shall be established, with full jurisdiction in all matters of equity; Provided, however, the legislature may give to the circuit courts of each county equity jurisdiction in all cases where the value of the thing, or amount in controversy, does not exceed five hundred dollars; also, in all cases of divorce, and for the foreclosure of mortgages. The chancellor shall be elected by the qualified electors of the whole state, for the term of six years, and shall be at least thirty years old at the time of his election.

17. The style of all process, shall be "The state of Mississippi," and all prosecutions shall be carried on in the name and by the authority of "The state of Mississippi," and shall conclude "against the peace and dignity of the same."

18. A court of probates shall be established in each county of this state, with jurisdiction in all matters testamentary and of administration in orphans' business and the allotment of dower, increase of idiotcy and lunacy, and of persons non compos mentis; the judge of said court shall be elected by the qualified electors of the respective counties, for the term of two years.

19. The clerk of the high court of errors and appeals shall be appointed by said court for the term of four years, and the clerks of the circuit, probate, and other inferior courts, shall be elected by the qualified electors of the respective counties, and shall hold their offices for the term of two years.

20. The qualified electors of each county shall elect five persons for the term of two years, who shall constitute a board of police for each county, a majority of whom may transact business; which body shall have full jurisdiction over roads, highways, ferries, and bridges, and all other matters of county police, and shall order all county elections to fill vacancies that may occur in the offices of their respective counties: the clerk of the court of probate shall be the clerk of the board of county police.

21. No person shall be eligible as a member of said board, who shall not have resided one year in the county: but this qualification shall not extend to such new counties as may hereafter be established until one year after their organization; and all vacancies that may occur in said board shall be supplied by election as aforesaid to fill the unexpired

term.

22. The judges of all the courts of the state, and also the members of the board of county police, shall in virtue of their offices be conservators of the peace, and shall be by law vested with ample powers in this respect.

23. A competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, by districts, who shall hold their offices for the term of two years. The jurisdiction of justices of the peace shall be limited to causes in which the principal of the amount in controversy shall not exceed fifty dollars. In all causes tried by a justice of the peace, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law.

24. The legislature may from time to time establish such other inferior courts as may be deemed necessary, and abolish the same whenever they shall deem it expedient.

25. There shall be an attorney general elected by the qualified electora of the state; and a competent number of district attorneys shall be elected by the qualified voters of their respective districts, whose compensa. tion and term of service shall be prescribed by law.

26. The legislature shall provide by law for determining contested elections of judges of the high court of errors and appeals, of the circuit and probate courts, and other officers.

27. The judges of the several courts of this state, for wilful neglect of duty or other reasonable cause, shall be removed by the governor on the address of two-thirds of both houses of the legislature; the address to be by joint vote of both houses. The cause or causes for which such removal shall be required, shall be stated at length in such address, and on the journals of each house. The judge so intended to be removed, shall be notified and admitted to a hearing in his own defence before any vote for such address shall pass; the vote on such address shall be taken by yeas and nays, and entered on the journals of each house.

28. Judges of probate, clerks, sheriffs, and other county officers, for wilful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and upon conviction shall be removed from office.

ARTICLE 5.

Executive Department.

§ 1. The chief executive power of this state shall be vested in a governor, who shall hold his office for two years from the time of his installation.

2. The governor shall be elected by the qualified electors of the state. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the secretary of state, who) shall deliver them to the speaker of the house of representatives, at the next ensuing session of the legislature, during the first week of which session the speaker shall open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, then one of them shall be chosen governor by the joint ballot of both houses of the legislature. Contested elections for governor shall be determined by both houses of the legislature, in such manner as shall be prescribed by law.

Ishall have been

3. The governor shall be at least thirty years of ageve resided in this a citizen of the United States for twenty years, state at least five years next preceding the day of his election, and shall not be capable of holding the office more than four years in any term of six years.

4. He shall, at stated times, receive for his services a compensation which shall not be increased or diminished during the term for which he shall be elected.

5. He shall be commander in chief of the army and navy in this state, and of the militia, except when they shall be called into the service of the United States.

6. He may require information in writing, from the officers in the executive department, on any subject relating to the duties of their respective offices.

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7. He may, in cases of emergency, convene the legislature at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from disease; 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 beyond the day of the next stated mecting of the legislature.

8. He shall from time to time give to the legislature information of the state of the government, and recommend to their consideration such measures as he may deem necessary and expedient.

9. He shall take care that the laws be faithfully executed.

10. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines; and in cases of forfeiture to stay the collection until the end of the next session of the legislature, and to remit forfeitures by and with the advice and consent of the senate. In cases of treason he shall have power to grant reprieves by and with the advice and consent of the senate, but may respite the sentence until the end of the next session of the legislature.

11. All commissions shall be in the name and by the authority of the state of Mississippi; be sealed with the great seal, and signed by the governor, and be attested by the secretary of state.

12. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Mississippi.

13. All vacancies not provided for in this constitution shall be filled in such manner as the legislature may prescribe.

14. The secretary of state shall be elected by the qualified electors of the state, and shall continue in office during the term of two years. He shali keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, and shall perform such other duties as may be required of him by law.

15. Every bill which shall have passed both houses of the legislature shall be presented to the governor; if he approve, he shall sign it, but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections at large upon their journals, and proceed to reconsider it. If after such reconsideration twothirds of the house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered; if approved by two-thirds of that house, it shall become a law. But in such case the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within six days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the legislature by their adjournment prevent its return, in which case it shall become a law.

16. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except resolutions for the purpose of obtaining the joint action of both houses, and on questions of adjournment, shall be presented to the governor, and before it shall take effect be approved

by him, or being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill.

17. Whenever the office of governor shall become vacant by death, resignation, removal from office, or otherwise, the president of the senate shall exercise the office of governor until another governor shall be duly qualified; and in case of the death, resignation, removal from office, or other disqualification of the president of the senate so exercising the office of governor, the speaker of the house of representatives shall exercise the office, until the president of the senate shall have been chosen ; and when the office of governor, president of the senate, and speaker of the house shall become vacant, in the recess of the senate, the person acting as secretary of state for the time being, shall by proclamation convene the senate, that a president may be chosen to exercise the office of governor.

18. When either the president or speaker of the house of representatives shall so exercise said office, he shall receive the compensation of governor only, and his duties as president or speaker shall be suspended, and the senate or house of representatives, as the case may be, shall fill the vacancy until his duties as governor shall cease.

19. A sheriff, and one or more coroners, a treasurer, surveyor, and ranger shall be elected in each county by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed; except that the coroner shall hold his office until his successor be duly qualified. 20. A state treasurer and auditor of public accounts shall be elected by the qualified electors of the state, who shall hold their offices for the term of two years, unless sooner removed.

Militia.

§ 1. The legislature shall provide by law for organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States, in relation thereto.

2. Commissioned officers of the militia (staff officers and the officers of volunteer companies excepted) shall be elected by the persons liable to perform military duty, and the qualified electors within their respective commands, and shall be commissioned by the governor.

3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrection, and repel invasion.

ARTICLE 6.
Impeachments.

§ 1. The house of representatives shall have the sole power of impeaching.

When sitting for

2. All impeachments shall be tried by the senate. that purpose, the senators shall be on oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.

3. The governor, and all civil officers, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit under the state: but the party convict ed shall, nevertheless, be liable and subject to indictment, trial, and punishment, according to law, as in other cases.