--Company, battalion, and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions, and regiments. Ill., 163.

-Brigadier and Major-Generals shall be elected by the officers of their brigades and divisions, respectively, Ill., 163.

-All militia officers shall be commissioned by the Governor, and may hold their commissions for such time as the Legislature may provide. Ill., 163. -The Governor shall appoint the Adjutant, Quartermaster, and Commissary-General. Ind., 180. -All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years. Ind., 180.

-All commissioned officers of the militia, (staff officers excepted), shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor. Iowa, 190.

-The Governor shall appoint the Adjutant-General and his other staff officers; the Major-Generals, Brigadier-Generals, and commandants of regiments, shall respectively appoint their staff officers; and commandants of companies shall appoint their noncommissioned officers. Ky., 219; Tenn., 498. -All militia officers, whose appointment is not herein otherwise provided for, shall be elected by persons subject to military duty, within their respective companies, battalions, regiments, brigades, and divisions, under such rules and regulations, and for such terms, not exceeding six years, as the General Assembly may, from time to time, direct and establish. Ky.,

219.

-The Captains and subalterns of the militia shall be elected by the written votes of the members of their respective companies. The field officers of regiments by the written votes of the Captains and subalterns of their respective regiments. The Brigadier-Generals, in like manner, by the field officers of their respective brigades. Me., 246.

-The Major-General shall be elected by the Senate and House of Representatives, each having a negative on the other. The Adjutant-General and Quartermaster-General shall be appointed by the Governor and Council; but the Adjutant-General shall perform the duties of Quartermaster-General, until otherwise directed by law. The Major-Generals and BrigadierGenerals, and the commanding officers of regiments and battalions shall appoint their respective staff officers; and all military officers shall be commissioned by the Governor. Me., 246.

And he shall also nominate, and with the advice and consent of the Council, appoint all other civil and military officers whose appointment is not, by this Constitution, or shall not by law, be otherwise provided for; and every such nomination shall be made seven days at least prior to such appointment. Me., 244.

-There shall be an Adjutant-General, who shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office at the pleasure of the Governor; shall perform such duties, and shall receive such compensation or emoluments as are now or may be hereafter fixed by law. Md., 275.

-And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both Houses to the Governor, or by fair trial in court-martial, pursuant to the laws of the Commonwealth for the time being. Mass., 288.

-The Major-Generals shall be appointed by the Senate and House of Representatives, each having a negative upon the other; and be commissioned by the Governor. Mass., 288.

-And if the electors of brigadiers, field officers, captains or subalterns shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the Governor, with the advice of Council, shall appoint suitable persons to fill such offices. Mass., 288. ---The commanding officers of regiments shall appoint their adjutants and quartermasters; the brigadiers

their brigade-majors; and the major-generals their aids; and the Governor shall appoint the AdjutantGeneral. Mass., 288.

-Whenever the exigencies of the Commonwealth shall require the appointment of a Commissary-General, he shall be nominated, appointed, and commissioned, in such manner as the Legislature may, by law, prescribe. Mass., 294.

--All officers commissioned to command in the militia, may be removed from office in such manner as the Legislature may, by law, prescribe. Mass., 294.

-In the elections of captains and subalterns of the militia, all the members of their respective companies, as well those under as those above the age of twenty-one years, shall have a right to vote. Mass., 294.

-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. Miss., 342. --Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. Mo., 361.

The said election shall be conducted, and the returns thereof made to the clerks of the several County Courts, and by them immediately certified to the Secretary of State, as provided by law in the case of elections of State officers; and where an election shall be held in a regiment or company, the returns thereof, with the poll books, shall be certified to the Secretary of State, and may be transmitted by mail, or by any messenger to whom the judges of the election may intrust the same for that purpose. Mo., 363. The Governor shall nominate, and by and with the advice and the consent of the Senate, appoint two Brigadier-Generals, and no more, and as many Colonels, Lieutenant-Colonels and Majors as may be necessary for properly disciplining and governing the force organized under this ordinance; Provided, however, That the officers and men thus commissioned and organized shall not be entitled to, nor receive any pay, rations or emoluments, when not in actual service. Mo., 366.

-The staff of the Commander-in-Chief shall be an Adjutant-General, with the rank and pay of Colonel of cavalry; a Quartermaster-General, an InspectorGeneral and a Commissary-General, each with the rank and pay of a Colonel of cavalry; a PaymasterGeneral, with the rank and pay of Lieutenant-Colonel of infantry; a Surgeon-General, with the rank and pay of Colonel of infantry; a Judge-AdvocateGeneral, with the rank and pay of Lieutenant-Colonel of infantry; three aids-de-camp, with the rank and pay of Major of infantry. He may detail from the line and field officers of any regiment such officers as he may deem proper, and assign them to duty on his staff. Mo., 366.

The captains and subalterns in the respective regiments shall be nominated and recommended by the field officers to the Governor, who is to issue their commissions immediately on receipt of such recommendations. N. H., 406.

No officer duly commissioned to command in the militia, shall be removed from his office but by the address of both Houses to the Governor, or by fair trial in court-martial, pursuant to the laws of the State for the time being. N. H., 406.

The commanding officers of the regiment shall appoint their adjutants and quartermasters; the brigadiers, their brigade majors; the major-generals, their aids; the captains and subalterns, their non-commissioned officers. N. H., 406.

The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron and battery, from said Territory in the service of the United States, and shall, on or

5

8 according to the best of my ability."

9

10 for any office or public trust.

OATHS.

[Under the New York Constitution of 1777, an an oath or affirmation of allegiance to the State was required of electors, but no oath of office was prescribed; the oath of office now required was introduced in 1821.]

-All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath: "I solemnly swear" (or affirm, as the case may be), "that I will support the Constitution of the United States, and the Constitution of the State of so long as I continue a citizen thereof; and that I will faithfully discharge, to the best of my abilities, the duties of the office of so help me God." Ala., 86; (nearly similar), Ct., 113. -Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law 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 the State of, 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 of public trust. Cal., 104; Iowa, 187; Mich., 314; Miss., 342; N. J., 415; Or., 452. -All persons thus declared to be State officers, shall enter upon the discharge of their respective offices as soon thereafter as they take and subscribe an oath before any Justice of the Peace, or other officer authorized to administer oaths, as follows: That they will faithfully perform the duties of their respective offices; that they will support the Constitution and laws of the State and of the United States; and said oath, in case of State officers, shall be filed in the office of the Secretary of State; and in case of county officers, they shall enter upon the duties of their respective offices immediately after the election upon filing said oath with the county commissioners. Ark.,

94.

-Members of the General Assembly and all officers, executive and judicial, shall be bound by oath or affirmation, to support the Constitution of this State, and to perform the duties of their respective offices with fidelity. Del., 126.

-Members of the General Assembly, and all officers, civil or military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: "I do swear (or affirm) that I am duly qualified according to the Constitution of

this State, to exercise the office to which I have been elected (or appointed), and will to the best of my abilities, discharge the duties thereof, and preserve, protect and defend the Constitution of this State, and of the United States of America." Fl., 136. -The oaths of officers directed to be taken under this Constitution, may be administered by any judge, or justice of the peace, in the State of Florida, until until otherwise provided by law. Fl., 140.

The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear or affirm (as the case may be), that I will faithfully execute the office of Governor of the State of; and will, to the best of my abilities, preserve, protect and defend the Constitution thereof, and of the Constitution of the United States of America." Ga., 147; (nearly similar), Ill., 158. -Every Senator and Representative, before taking his seat, shall take an oath or affirmation to support the Constitution of the United States and of this State; and also that he hath not practiced any unlawful means, either directly or indirectly, to procure his election. And every person convicted of having given or offered a bribe, shall be disqualified from serving as a member of either House for the term for which he was elected. Ga., 145. -Every person elected or appointed to any office under this Constitution shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of this State and of the United States, and also an oath of office. Ill., 154; Iowa, 194; Ohio, 443; Or., 458; Tenn., 498.

-Members of the General Assembly are hereby empowered to administer to each other the oath or affirmation. Iowa, 187.

-All State officers, before entering upon their respective duties, shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this State, and faithfully to discharge the duties of their respective offices. Kan., 199.

-Members of the General Assembly and all officers, before they enter upon the duties of their offices shall take the following oath or affirmation: "I, A. B., do solemnly swear (or affirm) that I will support the Constitution and laws of the United States, and of this State, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities and understanding, so help me God!" La., 232. -Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their

profession, shall take 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 be faithful and true to the Commonwealth of long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of, according to law; and I do further solemnly swear (or affirm), that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel, with deadly weapons, within this State or out of it, with a citizen of this State, nor have I sent or accepted a challenge to fight a duel with deadly weapons, with a citizen of this State; nor have I acted as second in carrying a challenge, or aided, or assisted any person thus offending-so help me God." Ky. 219; (nearly similar), Tex. 514.

The oaths of office herein directed to be taken may be administered by any Judge or Justice of the Peace, until the General Assembly shall otherwise direct. Ky., 224.

-The General Assembly shall pass laws requiring the president, directors, trustees or agents of corporations, created or authorized by the laws of this State, teachers, or superintendents of public schools, colleges or other institutions of learning; attorneysat-law, jurors and such other persons as the General Assembly shall from time to time prescribe, to take the oath of allegiance to the United States set forth in the first article of this Constitution. Md.. 264. -And every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, executive, military or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the following declaration and oaths or affirmations, viz.: Mass., 291.

-"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the Constitution thereof. So help me God." Mass., 294.

-Provided, That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word "swear," and inserting, instead thereof, the word "affirm," and omitting the words, "so help me, God," and subjoining, instead thereof, the words "This I do under the pains and penalties of perjury." Mass., 294.

-No oath, declaration, or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the Governor, Lieutenant-Governor, Councillors, Senators, or Representatives, to qualify them to perform the duties of their respective offices. Mass., 291.

"I, A. B., do solemnly swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as -, according to the best of my abilities and understanding, agreeably to the rules and regulations of the Constitution and the laws of the Commonwealth, so help me God." Mass., 291.

--And the said oaths or affirmations shall be taken and subscribed by the Governor, Lieutenant-Governor and Councillors, before the President of the Senate, in the presence of the two Houses of Assembly; and by the Senators and Representatives first elected under this Constitution, before the President and five of the Council of the former Constitution; and forever afterwards before the Governor and Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner as from time to time shall be prescribed by the Legislature. Mass., 291.

-Every person elected or appointed to either of the places or offices provided in this Constitution, and every person, elected, appointed, or commissioned to any judicial, executive, military, or other office under this State, shall, before he enters on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation: "I,, do swear,

that I will support the Constitution of the United States and of this State, so long as I shall continue a citizen thereof. So help me God."

"I,, do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as, according to the Constitution and the laws of the State. So help me God." Provided, That an affirmation in the above forms may be substituted, when the persons shall be conscientiously scrupulous of taking and subscribing an oath.

The oaths or affirmations shall be taken and subscribed by the Governor and Counsellors before the presiding officer of the Senate, in the presence of both Houses of the Legislature, and by the Senators and Representatives before the Governor and Council, and by the residue of said officers before such person as shall be prescribed by the Legislature; and, whenever the Governor or any Counsellor shall not be able to attend, during the session of the Legislature, to take and subscribe said oaths or affirmations, such oaths or affirmations may be taken and subscribed, in the recess of the Legislature, before any Justice of the Supreme Judicial Court; Provided, That the Senators and Representatives first elected under this Constitution shall take and subscribe such oaths or affirmations before the President of the Convention. Me., 247.

-All members and officers of both branches of the Legislature shall, before entering upon the duties of their respective trusts, take and subscribe an oath or affirmation to support the Constitution of the United States, the Constitution of the State of faithfully and impartially to discharge the duties devolving upon him as such member or officer. Minn., 323.

and

-Each officer created by this article shall, before entering upon his duties, take an oath or affirmation to support the Constitution of the United States, and of this State, and faithfully discharge the duties of his office to the best of his judgment and ability. Minn.,

324.

-The Legislature shall provide for a uniform oath or affirmation to be administered at elections; and no person shall be compelled to take any other or different form of oath to entitle him to vote. Minn., 329. -Within sixty days after this Constitution takes effect, every person in this State holding any office of honor, trust, or profit under the Constitution or laws thereof, or under any municipal corporation, or any of the other offices, positions, or trusts mentioned in the third section of this article, shall take and subscribe the said oath. If any officer or person referred to in this section shall fail to comply with the requirements thereof, his office, position, or trust shall, ipso facto, become vacant, and the vacancy shall be filled according to the law governing the case. Mo., 350. -The oath to be taken as aforesaid shall be known as the Oath of Loyalty, and shall be in the following terms: Mo., 349.

"I, A. B., do solemnly swear, that I am well acquainted with the terms of the third section of the second article of the Constitution of the State of ——, adopted in the year 1865, and have carefully considered the same; that I have never, directly or indirectly, done any of the acts in said section specified; that I have always been truly and loyally on the side of the United States against all enemies thereof, foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the Constitution and laws thereof, as the supreme law of the land, any law or ordinance of any State to the contrary notwithstanding; that I will, to the best of my ability, protect and defend the Union of the United States, and not allow the same to be broken up and dissolved, or the Government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; that I will support the Constitution of the State of, and that I make this oath without mental reservation or evasion, and hold it to be binding on me."

Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may