« AnteriorContinuar »
legislature shall by joint vote choose one of the said persons, so having an equal and the highest number of votes, for governor or lieutenantgovernor.
4. The returns of every election for governor and lieutenant-governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the president of the senate, who shall open and publish them in the presence of the members of both houses.
5. The governor shall be commander-in-chief of the militia, and of the army and navy of this state.
6. He shall transact all executive business with the officers of government, civil and military; and may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.
7. He shall take care that the laws be faithfully executed.
8. He shall have power to convene the legislature on extraordinary occasions. He shall communicate by message to the legislature, at every session, the condition of the state, and recommend such matters to them as he shall deem expedient.
9. He shall have power to adjourn the legislature to such time as he may think proper, in case of a disagreement between the two houses with respect to the time of adjournment, but not to a period beyond the next annual meeting.
10. He may direct the legislature to meet at some other place than the seat of government, if that shall become, after its adjournment, dangerous from a common enemy or a contagious disease.
11. He shall have power to grant reprieves and pardons after conviction, except in cases of impeachment.
12. When any office, the appointment to which is vested in the governor and senate, or in the legislature, becomes vacant during the recess of the legislature, the governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the succeeding session of the legislature.
13. In case of the impeachment of the governor, his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor until such disability shall cease, or the vacancy be filled.
14. If, during the vacancy of the office of governor, the lieutenantgovernor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate, pro tempore, shall act as governor, until the vacancy be filled.
15. The lieutenant-governor shall, by virtue of his office, be president of the senate ; in committee of the whole, he may debate on all questions; and, when there is an equal division, he shall give the casting vote.
16. No member of congress, nor any other person holding office under the United States, or this state, shall execute the office of governor.
17. Whenever the office of governor or lieutenant-governor becomes vacant, the person exercising the powers of governor for the time being shall give notice thereof, and the electors shall, at the next succeeding annual election for members of the legislature, choose a person to fill
18. The governor shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished during the term for which he has been elected.
19. The lieutenant-governor, except when acting as governor, and the president of the senate, pro tempore, shall each receive the same compensation as shall be allowed to the speaker of the house of representatives.
20. A great seal for the state shall be provided by the governor, which shall contain the device and inscriptions represented and described in the papers relating thereto, signed by the president of the convention, and deposited in the office of the secretary of the territory. It shall be kept by the secretary of state ; and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.
21. All grants and commissions shall be in the name, and by the authority, of the people of the state of Michigan.
Judicial Department. § 1. The judicial power shall be vested in one supreme court, and in such other courts as the legislature may from time to time establish.
2. The judges of the supreme court shall hold their offices for the term of seven years; they shall be nominated, and by and with the advice and consent of the senate, appointed by the governor. They shall receive an adequate compensation, which shall not be diminished during their continuance in office. But they shall receive no fees nor perquisites of office, nor hold any other office of profit or trust under the authority of this state, or of the United States.
3. A court of probate shall be established in each of the organized counties.
4. Judges of all county courts, associate judges of circuit courts, and judges of probate shall be elected by the qualified electors of the county in which they reside, and shall hold their offices for four years.
5. The supreme court shall appoint their clerk or clerks; and the electors of each county shall elect a clerk, to be denominated a county clerk, who shall hold his office for the term of two years, and shall perform the duties of clerk to all the courts of record to be held in each county, except the supreme court and court of probate.
6. Each township may elect four justices of the peace, who shall hold their offices for four years; and whose powers and duties shall be defined and regulated by law. At their first election they shall be classed and divided by lot into numbers one, two, three, and four, to be determined in such manner as shall be prescribed by law, so that one justice shall be annually elected in each township thereafter. A removal of any justice from the township in which he was elected shall vacate his office. In all incorporated towns, or cities, it shall be competent for the legislature to increase the number of justices.
7. The style of all process shall be “ In the name of the people of the state of Michigan;" and all indictments shall conclude against the peace and dignity of the same.
Certain State and County Officers. § 1. There shall be a secretary of state, who shall hold his office for two years, and who shall be appointed by the governor, by and with the
advice and consent of the senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government; and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law.
2. A state treasurer shall be appointed by a joint vote of the two houses of the legislature, and shall hold his office for the term of two years.
3. There shall be an auditor-general and an attorney-general for the state, and a prosecuting attorney for each of the respective counties, who shall hold their offices for two years, and who shall be appointed by the governor, by and with the advice and consent of the senate, and whose powers and duties shall be prescribed by law.
4. There shall be a sheriff, a county treasurer, and one or more coroners, a register of deeds, and a county surveyor, chosen by the electors in each of the several counties once in every two years, and as often as vacancies shall happen. The sheriff shall hold no other office, and shall not be capable of holding the office of sheriff longer than four in any term of six years : he may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant; but the county shall never be made responsible for the acts of the sheriff,
ARTICLE 8. Impeachments and Removals from Office. $1. The house of representatives shall have the sole power of impeaching all civil officers of the state for corrupt conduct in office, or for crimes and misdemeanours; but a majority of all the members elected shall be necessary to direct an impeachment.
2. All impeachments shall be tried by the senate. When the governor or lieutenant-governor shall be tried, the chief justice of the supreme court shall preside. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try and determine the charge in question according to the evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office; but the party convicted shall be liable to indictment and punishment according to law.
3. For any reasonable cause, which shall not be sufficient ground for the impeachment of the judges of any of the courts, the governor shall remove any of them on the address of two-thirds of each branch of the legislature; but the cause or causes for which such removal may be required shall be stated at length in the address.
4. The legislature shall provide by law for the removal of justices of the peace, and other county and township officers, in such manner and for such cause as to them shall seem just and proper.
Militia. $ 1. The legislature shall provide by law for organizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States.
2. The legislature shall provide for the efficient discipline of the officers, commissioned and non-commissioned, and musicians, and may provide by law for the organization and discipline of volunteer companies.
3. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the governor.
4. The governor shall have power to call forth the militia, to execute the laws of the state, to suppress insurrections, and repel invasions.
Education. § 1. The governor shall nominate, and by and with the advice and consent of the legislature in joint vote, shall appoint a superintendent of public instruction, who shall hold his office for two years, and whose dutics shall be prescribed by law.
2. The legislature shall encourage, by all suitable means, the promotion of intellectual, scientifical, and agricultural improvement. The proceeds of all lands that have been or hereafter may be granted by the United States to this state, for the support of schools, which shall hereafter be sold or disposed of, shall be and remain a perpetual fund; the interest of which, together with the rents of all such unsold lands, shall be inviolably appropriated to the support of schools throughout the state.
3. The legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school, may be deprived of its equal proportion of the interest of the public fund.
4. As soon as the circumstances of the state will permit, the legislature shall provide for the establishment of libraries; one at least in each township; and the money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines Assessed in the several counties for any breach of the penal laws, shall be exclusively applied to the support of said libraries.
5. The legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States to this state for the support of a university ; and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund for the support of said university, with such branches as the public convenience may hereafter demand for the promotion of literature, the arts and sciences, and as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.
Prohibition of Slavery. § 1. Neither slavery nor involuntary servitude shall ever be introduced into this state, except for the punishment of crimes of which the party shall have been duly convicted.
Miscellaneous Provisions. § 1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : “I do solemnly swear, or affirm, (as the case may be, that I will support the constitution of the United States, and the constitution of this state, and that I will faithfully discharge the duties of the office of according to the best of my ability.” And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.
2. The legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house.
3. Internal improvement shall be encouraged by the government of this state ; and it shall be the duty of the legislature, as soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals, and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, and economical application of the funds which may be appropriated to these objects.
4. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws annually.
5. Divorces shall not be granted by the legislature; but the legislature may by law authorize the higher courts to grant them, under such restrictions as they may deem expedient.
6. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed.
7. No county now organized by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles.
8. The governor, secretary of state, treasurer, and auditor-general shall keep their offices at the seat of government.
9. The seat of government for this state shall be at Detroit, or at such other place or places as may be prescribed by law, until the year eighteen hundred and forty-seven, when it shall be permanently located by the legislature.
10. The first governor and lieutenant-governor shall hold their offices until the first Monday of January eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter, they shall hold their offices for two years, and until their successors shall be elected and qualified.
11. When a vacancy shall happen, occasioned by the death, resignation, or removal from office of any person holding office under this state, the successor thereto shall hold his office for the period which his predocessor had to serve, and no longer, unless again chosen or reappointed.
ARTICLE 13. Mode of amending and revising the Constitution. § 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their jour