13. In case of the impeachment of the governor, his absence from the state or inability to discharge the duties of his office, the powers, duties and emoluments of the office shall devolve upon the president of the Senate; and in case of his death, resignation or removal, then upon the speaker of the House of Assembly for the time being, until the governor absent, or impeached shall return or be acquitted, or until the disqualification or inability shall cease, or until a new governor be elected and qualified. 14. In case of a vacancy in the office of governor from any other cause than those herein enumerated, or in case of the death of the governor elect before he is qualified into office, the powers, duties and emoluments of the office shall devolve upon the president of the Senate or speaker of the House of Assembly, as above provided for, until a new governor be elected and qualified. ARTICLE VI. JUDICIARY. Section 1. 1. The judicial power shall be vested in a court of errors and appeals in the last resort in all causes as heretofore; a court for the trial of impeachments; a court of chancery; a prerogative court; a supreme court; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law; which inferior courts the legislature may alter or abolish, as the public good shall require. Section 11. 1. The court of errors and appeals shall consist of the chancellor, the justices of the supreme court, and six judges, or a major part of them; which judges are to be appointed for six years. 2. Immediately after the court shall first assemble, the six judges shall arrange themselves in such manner that the seat of one of them shall be vacated every year, in order that thereafter one judge may be annually appointed. 3. Such of the six judges as shall attend the court shall receive, respectively, a per diem compensation, to be provided by law. 4. The secretary of state shall be the clerk of this court. 5. When an appeal from an order or decree shall be heard the chancellor shall inform the court, in writing, of the reasons for his order or decree; but he shall not sit as a member, or have a voice in the hearing or final sentence. 6. When a writ of error shall be brought, no justice who has given a judicial opinion in the cause in favour of or against any error complained of, shall sit as a member, or have a voice on the hearing, or for its affirmance or reversal; but the reasons for such opinion shall be assigned to the court in writing. Section III. 1. The House of Assembly shall have the sole power of impeaching by a vote of a majority of all the members; and all impeachments shall be tried by the Senate: the members, when sitting for that purpose, to be on oath or affirmation "truly and impartially to try and determine the charge in question according to evidence": and no person shall be convicted without the concurrence of two-thirds of all the members of the Senate. 2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal. 3. Judgment in cases of impeachment shall not extend farther than to removal from office, and to disqualification to hold and enjoy any office of honour, profit or trust under this state: but the party convicted shall nevertheless be liable to indictment, trial and punishment according to law. 4. The secretary of state shall be the clerk of this court. Section IV. 1. The court of chancery shall consist of a chancellor. 2. The chancellor shall be the ordinary or surrogate general, and judge of the prerogative court. 3. All persons aggrieved by any order, sentence, or decree of the orphans' court, may appeal from the same, or from any part thereof to the prerogative court; but such order, sentence, or decree shall not be removed into the supreme court, or circuit court if the subject matter thereof be within the jurisdiction of the orphans' court. 4. The secretary of state shall be the register of the prerogative court, and shall perform the duties required of him by law in that respect. Section V. 1. The supreme court shall consist of a chief justice and four associate justices. The number of the associate justices may be increased or decreased by law, but shall never be less than two. 2. The circuit courts shall be held in every county of this state, by one or more of the justices of the supreme court, or a judge appointed for that purpose; and shall in all cases within the county, except in those of a criminal nature, have common law jurisdiction, concurrent with the supreme court; and any final judgment of a circuit court may be docketed in the supreme court and shall operate as a judgment obtained in the supreme court from the time of such docketing. 3. Final judgments in any circuit court may be brought by writ of error into the supreme court, or directly into the court of errors and appeals. Section VI. 1. There shall be no more than five judges of the inferior court of common pleas in each of the counties in this state after the terms of the judges of said court now in office shall terminate. One judge for each county shall be appointed every year, and no more, except to fill vacancies which shall be for the unexpired term only. 2. The commissions for the first appointments of judges of said court shall bear date and take effect on the first day of April next; and all subsequent commissions for judges of said court shall bear date and take effect on the first day of April in every successive year, except commissions to fill vacancies which shall bear date and take effect when issued. Section Vll. 1. There may be elected under this constitution, two, and not more than five, justices of the peace in each of the townships of the several counties of this state, and in each of the wards, in cities that may vote in wards. When a township or ward contains two thousand inhabitants or less, it may have two justices; when it contains more than two thousand inhabitants, and not more than four thousand, it may have four justices; and when it contains more than four thousand inhabitants, it may have five justices: provided, that whenever any township not voting in wards contains more than seven thousand inhabitants, such township may have an additional justice. for each additional three thousand inhabitants above four thousand. 2. The population of the townships in the several counties of the state and of the several wards shall be ascertained by the last preceding census of the United States, until the legislature shall provide, by law, some other mode of ascertaining it. ARTICLE VII. APPOINTING POWER AND TENURE OF OFFICE. Section 1. MILITIA OFFICERS. 1. The legislature shall provide by law for enrolling, organizing and arming the militia. B 2. Captains, subalterns, and non-commissioned officers shall be elected by the members of their respective companies. 3. Field officers of regiments, independent battalions, and squadrons, shall be elected by the commissioned officers of their respective regiments, battalions or squadrons. 4. Brigadier generals, shall be elected by the field officers of their respective brigades. 5. Major generals, shall be nominated by the governor, and appointed by him, with the advice and consent of the Senate. 6. The legislature shall provide, by law, the time and manner of electing militia officers, and of certifying their elections to the governor, who shall grant their commissions, and determine their rank, when not determined by law; and no commissioned officer shall be removed from office, but by the sentence of a court martial pursuant to law. 7. In case the electors of subalterns, captains, or field officers, shall refuse or neglect to make such elections, the governor shall have power to appoint such officers, and to fill all vacancies caused by such refusal or neglect. S. Brigade inspectors shall be chosen by the field officers of their respective brigades. 9. The governor shall appoint the adjutant general, quartermaster general, and all other militia officers, whose appointment is not otherwise provided for in this constitution. 10. Major generals, brigadier generals and commanding officers of regiments, independent battalions, and squadrons, shall appoint the staff officers of their divisions, brigades, regiments, independent battalions, and squadrons respectively. Section 11. CIVIL OFFICERS. 1. Justices of the supreme court, chancellor, and judges of the court of errors and appeals, shall be nominated by the gov ernor, and appointed by him, with the advice and consent of the Senate. The justices of the supreme court and chancellor, shall hold their offices for the term of seven years: shall at stated times, receive for their services a compensation which shall not be diminished during the term of their appointments; and they shall hold no other office under the government of this state or of the United States. 2. Judges of the courts of common pleas shall be appointed by the Senate and General Assembly, in joint-meeting. They shall hold their offices for five years; but when appointed to fill vacancies, they shall hold for the unexpired term only. 3. The state treasurer, and the keeper and inspectors of the state prison shall be appointed by the Senate and General Assembly in joint-meeting. They shall hold their offices for one year, and until their successors shall be qualified into office. 4. The attorney general, prosecutors of the pleas, clerk of the supreme court, clerk of the court of chancery, and secretary of state shall be nominated by the governor and appointed by him with the advice and consent of the Senate. They shall hold their offices for five years. 5. The law reporter shall be appointed by the justices of the supreme court or a majority of them; and the chancery reporter shall be appointed by the chancellor. They shall hold their offices for five years. 6. Clerks and surrogates of counties shall be elected by the people of their respective counties, at the annual elections for members of the General Assembly. They shall hold their offices for five years. 7. Sheriffs and coroners, shall be elected annually by the people of their respective counties at the annual elections for members of the General Assembly, They may be re-elected until they shall have served three years but no longer; after which, three years must elapse, before they can be again capable of serving. 8. Justices of the peace shall be elected by ballot at the annual meetings of the townships in the several counties of the state, and of the wards in cities that may vote in wards, in such manner and under such regulations as may be hercafter provided by law. They shall be commissioned for the county, and their commissions shall bear date and take effect on the first day of May next after their election. They shall hold their offices for five years; but when elected to fill vacancies, they shall hold for the unexpired term only; provided, that the commission of any justice of the peace shall become vacant upon his ceasing to reside in the township in which he was elected. The first election, for justices of the peace shall take place at the next annual town meetings of the townships in the several counties of the state, and of the wards in cities, that may vote in wards. 9. All other officers, whose appointments are not otherwise provided for by law, shall be nominated by the governor and appointed by him with the advice and consent of the Senate; and shall hold their offices for the time prescribed by law. 10. All civil officers elected or appointed, pursuant to the provisions of this constitution shall be commissioned by the governor. 11. The term of office of all officers elected or appointed |