4. The general assembly holds biennial sessions, commencing on the first Monday in January. The general assembly cannot grant divorces, authorize lotteries, revive any old bank-charter, pass a private or special law for the sale of land he. longing to individuals. nor contract a debt exceed ing fifty thousand dollars to meet casual deficits or failures in revenue; the moneys so borrowed shall be applied to the purposes for which they were ob tained, or for repelling invasion, suppressing insur rection, or defending the state in war, for which the faith of the state shall be pledged. Laws for con tracting any other debt must contain a provision to levy a tax, unless provided for by some other law, for the payment of the annual interest on such loan, and both laws shall be submitted to a vote of the people, and passed at the polls by a majority of those voting, after publishing the same three months, and shall be irrepealable.
The Executive Power.
5. The Governor is elected by the people on the Tuesday next after the first Monday in November, every fourth year, from 1848, for the term of four years from the succeeding first of January. He must be a oitizeo of the United States, have at tained the age of thirty-five years, and have been ten years a resident of the state and fourteen years a citizen of the United States. He may give inform ation and recommend measures to the legislature, grant reprieves, commutations, and pardons, ex cept in cases of treason and impeachment,—but in these cases he may suspend execution of the sen tence until the meeting of the legislature require information from the officers of the executive de partment, and take care that the laws be faithfully executed, on extraordinary occasions, convene the general assembly by proclamation, be commander in-chief of the army and navy of the state, except when they shall be called into the service of the United States, nominate and, by and with the con sent and advise of the senate, appoint all officers whose offices are established by the constitution, or which may be created by law, and whose appoint ments are not otherwise provided for, and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn the general as sembly to such time as he thinks proper, provided it be not to a period beyond the constitutional meet ing of the same. He has also the veto power. A Lieutenant-Governor is chosen at the same time and for the same term as the governor. He isspenk er of the senate by virtue of his office, may debate and vote in committee of the whole, give a casting vote at all times, and if the office of governor be comes vacant he becomes governor. He also ex
ercises the duties of this office in case of temporary vacancy. The senate have power to elect a speaker pro tempore, who in like manner fills the office of speaker of the senate and lieutenant-governor, or of governor, in cases of vacancies by both the others.
The Judiciary Power.
6. The supreme court consists of three judges, elected by the people for a term of nine years, one in each of the three districts into which the state is divided for the purposes of this court. One term of the court is held annually in each division. The judges must he citizens of the United States, have resided is the state five years previous to their re spective electioos, and two years next preceding their election in the division, circuit, or county in which they are respectively elected. and not be less than thirty-five years of age at the time of their election. A judge is elected every third year is some one of the districts. Two judges constitute a quorum, and the oldest judge in commission is chief justice. The jurisdiction is appellate, except in case of writs of habeas cotpos, mandamus, cases re lating to the revenue, and a few others where ori ginal jurisdiction is given.
Circuit Courts.—At present (1864) the state is di vided into twenty-eight circuits, for each of which a judge is elected by the qualified voters of the cir cuit to hold office for six years. Each judge holds two terms or more of court, in the district for which he is elected, each year. They must have the same qualifications as the judges of the supreme court, except that they are eligible at thirty years of age. These courts have original jurisdiction in all cases in law or in equity, and appellate jurisdiction from all inferior courts.
A enmity court is held in each county, consisting of one judge, elected by the people for the term of four years. Its jurisdiction extends to all probate and such.other jurisdiction as the general assembly may confer in civil eases, and in such criminal eases as may be prescribed by law, where the punishment is by fine only, not exceeding one hundred dollars. The county judge, with such justices of the peace in each county as may be designated by law for the transaction of county business, to perform such other duty as the general assembly prescribes.