shall at stated times, receive for his services a compensa tion, which shall neither be increased nor diminished during the term for which he shall have been elected.

SEC. 5. The governor shall have power to grant reprieves and pardons after conviction, for all offences, except treason and impeacement. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legis lature at its next meeting; when the legislature shall either pardon or direct the execution of the criminal, or grant a further reprieve.

SEC. 6. In case of the impeachment of the governor, or his removal from office, death, 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 the governor, absent or impeached, shall return or be acquitted. 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 the military force of the state.

Sac. 7. The lieutenant governor shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall act as governor, until the vacancy shall be filled, or the disability shall cease.

cases are they exercised by lieutenant governor? When by presi

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ARTICLE IV.

SEC. 1. Militia officers shall be chosen or appointed as follows: captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments and separate battalions. Brigadier generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments or separate battalions,

SEC. 2. The governor shall nominate, and with the consent of the senate appoint, all major-generals, brigade inspectors, and chief of the staff departments, except the adjutant-general and commissary-general; the adjutantgeneral shall be appointed by the governor.

SEC. 3. The legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their election to the governor.

SEC. 4. The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office, unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of the court martial pursuant to law. The present officers of the militia shall hold their commissions, subject to removal as before provided.

SEC. 5. In case the mode of election and appointment of militia officers hereby directed, shall not be found con

dent of senate? How are the militia officers appointed? By whom

ducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two thirds of the members present in each house shall concur therein.

SEC. 6. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general, shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively; after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. The treasurer shall be chosen annually. The secretary of state, comptroller, attorneygeneral, surveyor-general, and commissary-general, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.

SEC. 7. The governor shall nominate, by message in writing, and with the consent of the senate, shall appoint, all judicial officers, Except justices of the peace, who shall be appointed in manner following, that is to say: The board of supervisors in every county in this state, shall, at such time as the legislature may direct, meet together; and they, or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be

the duty of the said board of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct; and if, on such comparison, the said boards of supervisors and judges of county courts shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons named in such certificates, shall be justices of the peace; and in case of disagreement in the whole, or in part, it shall be the farther duty of the said boards of supervisors and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace as shall be requisite to fill the vacancies. Every person appointed a justice of the peace, shall hold his office for four years, unless removed by the county court, for causes particularly assigned by the judges of the said court; and no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.

SEC. 8. Sheriffs and clerks of counties, including the register, and clerk of the city and county of New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of

officers are thus appointed? How are justices of the peace elected? (See first amendment.) Sheriffs and clerks of counties?

Clerks

the sheriff; and the governor may remove any such sheriff, clerk or register, at any time within the three years for which he shall be elected, giving to such sheriff, clerk or register, a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made.

SEC. 9. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district attorneys by the county courts. Clerks of courts, and district attorneys, shall hold their offices for three years, unless sooner removed by the courts appointing them.

SEC. 10. The mayors of all the cities in this state, shall be appointed annually by the common councils of their respective cities.

SEC. 11. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be removable in like manner.

SEC. 12. The governor shall nominate, and, with the consent of the senate, appoint, masters and examiners in chancery; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers, and assistant registers, shall be appointed by the chancellor, and hold their offices during his pleasure.

SEC. 13. The clerk of the court of oyer and terminer,

of courts and district attorneys? Mayors of cities? (See amendment.) Coroners? Masters and examiners in chancery?

Re