Article IV, § 3 4 been five years next preceding his election a resident of this 5 State.3 Source Const. 1777, Art. XVII; amended, Const. 1821, Art. III, § 2; amended, Lincoln's Constitutional History For brief historical statement of the constitutional qualifications of References to constitutional conventions and commissions. 1821. I:668. 1846. II:133, 135. 1872. II:512. Debates of constitutional conventions 1846. Necessity for restrictive qualifications. 177-182 (June 27), 186- Age. 186-220 (June 29-July 1), 227-265 (July 7-8), 268-278 Residence. 186-220 (June 29-July 1), 227-265 (July 7-8), Native born. 172-175 (June 26). 1867. II:893-894. 1 governor § 3. The Governor and Lieutenant-Governor shall be Election of 2 elected at the times and places of choosing members of the and lieu3 Assembly. The persons respectively having the highest num- governor 4 ber of votes for Governor and Lieutenant-Governor shall be tenant 5 elected; but in case two or more shall have an equal and the Tie vote 6 highest number of votes for Governor, or for Lieutenant7 Governor, the two houses of the Legislature at its next annual 8 session shall forthwith, by joint ballot, choose one of the said 9 persons so having an equal and the highest number of votes 10 for Governor or Lieutenant-Governor. Source Const. 1777, Art. XVII; amended, Const. 1821, Art. III, § 3; continued without change in Const. 1846, Art. IV, § 3. Lincoln's Constitutional History For historical statement of the times for electing the governor and lieutenant-governor from 1778, see IV :464-465. Debates of constitutional conventions 1821. 123-124 (Sept. 10), 136 (Sept. 12). 1867. II:894; V:3621-3622. 3 For former property qualifications of governor and his ineligibility to other offices, see Supplemental Notes following Article XV, post, under the title Governor. Article IV, § 4 Governor; powers and duties Salary Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional § 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have power 3 to convene the Legislature, or the Senate only, on extraor4 dinary occasions. At extraordinary sessions no subject 5 shall be acted upon, except such as the Governor may recom6 mend for consideration. He shall communicate by message 7 to the Legislature at every session the condition of the State, 8 and recommend such matters to it as he shall judge expedient. 9 He shall transact all necessary business with the officers of 10 government, civil and military. He shall expedite all such 11 measures as may be resolved upon by the Legislature, and 12 shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished executive residence.* 13 Executive 14 residence 15 Source Const. 1777, Art. XVIII; amended, Const. 1821, Art. III, § 4; continued without change in Const. 1846, Art. IV, § 4; amended in 1874, amended, Const. 1894, Art. IV, § 4. 4a Lincoln's Constitutional History Mr. Lincoln divides his consideration of this section into the following topics: military authority, IV:466-467; extraordinary sessions of the legislature, IV:467-469; messages and recommendations to the legislature, IV :469-470; transaction of public business, IV:470; expedite public measures, IV:470-471; "take care that the laws are faithfully executed," IV:471; compensation, IV:471-472. References to constitutional conventions and commissions. 1777. General powers, I:526–528. 1821. General powers, 1:668-669; messages, I:670-671; com- 1846. General powers, II:134; compensation, II:133. 1872. General powers and compensation, II:512–517. 4 For references to the former council of appointment, see Supplemental Notes following Article XV, post, under that title. For governor's power of appointment, removal and extradition, see Supplemental Notes under the titles Appointment, power of, Removal, power of, and Governor, respectively. 4a For text of the constitutional amendment of 1874, see Lincoln's Constitutional History, 1:303-304. Article IV, § 5 Debates of constitutional conventions 1821. Messages, 173-174 (Sept. 18). 1846. General powers, 152-156 (June 24); military authority, 349350 (July 18); compensation, 163-164 (June 25), 284-288 (July 11). 1867. General powers, II:1131-1132; compensation, I:666-667; II: 885-886, 894, V:3611-3612, 3629-3630; extraordinary sessions, V: 3612-3614, 3614-3617. Texts of proposed amendments 1 In the legislature, 1895-1914: see Part II, post, pp. 82-84. Reprieves; commuta pardons special pro § 5. The Governor shall have the power to grant reprieves, 2 commutations and pardons after conviction, for all offenses tions; 3 except treason and cases of impeachment, upon such con4 ditions and with such restrictions and limitations, as he may 5 think proper, subject to such regulations as may be provided 6 by law relative to the manner of applying for pardons. 7 Upon conviction for treason, he shall have power to suspend Treason; 8 the execution of the sentence, until the case shall be reported visions re9 to the Legislature at its next meeting, when the Legislature 10 shall either pardon, or commute the sentence, direct the ex11 ecution of the sentence, or grant a further reprieve. He shall Annual 12 annually communicate to the Legislature each case of re- tion to 13 prieve, commutation or pardon granted, stating the name of of reprieves. 14 the convict, the crime of which he was convicted, the sentence 15 and its date, and the date of the commutation, pardon or 16 reprieve. Source Const. 1777, Art. XVIII; amended, Const. 1821, Art. III, § 5; amended, Const. 1846, Art. IV, § 5. Lincoln's Constitutional History For brief historical note on this section and court decisions construing it, see IV:473-475, 532, 730. For note on extradition, see IV:476-477. References to constitutional conventions. 1821. Murder included, I:669. 1846. Report to legislature, II: Debates of constitutional conventions 1821. Murder included, 124 (Sept. 10); impeachment excepted, 124 (Sept. 10); report to legislature, 125-128 (Sept. 10); exclusive power, 129-133 (Sept. 11). lating to communica legislature etc. Article IV, § 6 1846. Report to legislature, 290-304 (July 13-14), 350-357 (July 18-20). 1867. Executive power, II:933-935; limitation, II:1206; report to legislature, II:1207-1210, V:3617-3618; board of pardons, II:11961206, 1181-1192. Texts of proposed amendments When lieu- 1 tenant governor 2 to act as governor 3 4 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 14, 30, 78, 135, 152, 161, 191 (Int. 190), 204 (Int. 202), 220 (Int. 218). In the legislature, 1895-1914: see Part II, post, pp. 84-85. § 6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until When gov- 6 the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he shall continue Commander-in-Chief of all the military force of the State. ernor con 5 tinues as 7 commander in-chief 8 though out of state 9 Source Const. 1777, Art. XX; amended, Const. 1821, Art. III, § 6; amended, Lincoln's Constitutional History For historical statement of the succession to the governorship under the Constitution in this state, see IV :477-481. References to constitutional conventions. 1777. I:528-530. 1821. I:669. 1846. II:133. Debates of constitutional conventions Lieutenant- 1 governor; tions President of senate 1846. 304-308 (July 14). § 7. The Lieutenant-Governor shall possess the same qualiqualifica- 2 fications of eligibility for office as the Governor. He shall be 3 president of the Senate, but shall have only a casting vote 4 therein. If during a vacancy of the office of Governor, the Succession 5 Lieutenant-Governor shall be impeached, displaced, resign, governor 6 die, or become incapable of performing the duties of his office, 7 or be absent from the State, the President of the Senate shall 8 act as Governor until the vacancy be filled or the disability 9 shall cease; and if the President of the Senate for any of the to office of 5 For suggested abolition of office of lieutenant-governor, see notes to Art. IV, § 1. Article IV, § 8 10 above causes shall become incapable of performing the duties 11 pertaining to the office of Governor, the Speaker of the As12 sembly shall act as Governor until the vacancy be filled or the 13 disability shall cease. Source Const. 1877, Art. XX; amended, Const. 1821, Art. III, § 7; amended, Lincoln's Constitutional History For comment upon the provision giving the lieutenant-governor a casting vote, see IV :482. For history of the office of temporary president of the senate and the succession to the governorship of the temporary president, see IV:483-491. For history of the provision extending the succession to the speaker of the Assembly, see IV :491. References to constitutional conventions. · 1777. Succession to governorship, I:530-531; qualifications, I: 1821. Qualifications, I:669. 1894. Succession to governorship, III:309-310; president of the Debates of constitutional conventions 1894. Succession to governorship, I:939-950 (1:495-501); IV:397– 401 (V:2186-2188). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional lieutenant § 8. The Lieutenant-Governor shall receive for his services Salary of 2 an annual salary of five thousand dollars, and shall not receive governor 3 or be entitled to any other compensation, fee or perquisite, for 4 any duty or service he may be required to perform by the Con5 stitution or by law. Source Const. 1846, Art. IV, § 8; amended in 1874. Lincoln's Constitutional History For historical statement of the compensation of the lieutenant- 1846. II:133. 1872. II:517-518. Debates of constitutional conventions 1846. 163-164 (June 25). 1867. II:886, 894. 6 This overture was adopted by the convention and accordingly became a part of the Constitution. |