42. No person holding an office of profit under the United States, shall, during his continuance in office, be elected or appointed to, or hold any office of profit under this state.

43. Within ten years after the adoption of this constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested, and promulgated, in such manner as the general assembly shall by law direct; and a like revision, digest, and promulgation, shall be made at the expiration of every subsequent period of sixteen years.

44. The style of the laws of this state shall be, "Be it enacted by the general assembly of the state of Missouri.”

ARTICLE IV.-Of the Executive Power.

1. The supreme executive power shall be vested in a chief magistrate, who shall be styled "the governor of the state of Missouri."

2. The governor shall be at least thirty years of age, a free white citizen of the United States, and shall have been a citizen of the United States ten years, and of the state of Missouri at least five years next preceding his election.

3. The governor shall hold his office for four years, and until a successor be duly elected and qualified. He shall be elected in the manner following: At the time and place of voting for members of the house of representatives, the qualified electors shall vote for a governor, and when two or more persons have an equal number of votes, and a higher number than any other person, the election shall be decided between them by a joint vote of both houses of the general assembly, at their next session.

4. The governor shall be ineligible for the next four years after the expiration of his term of service.

5. The governor shall be commander-in-chief of the army and navy of this state, except when they shall be called into the service of the United States-but need not command in person, unless advised so to do by a resolution of the general assembly.

6. The governor shall have power, after conviction, to remit fines and forfeitures, and, except in cases of impeachment, to grant reprieves and pardons.

7. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions, he may convene the general assembly by proclamation, and shall state to them the purpose for which they are convened.

8. The governor shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the state.

9. When any office, except that of sheriff or coroner, shall become vacant, the governor shall appoint a person to fill such vacancy, who shall continue in office until a successor be appointed and qualified according to law.

10. Every bill which shall have been passed by both houses of

the general assembly, shall, before it become a law, be presented to the governor for his approbation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated; and the house shall cause the objections to be entered at large upon its journal, and shall proceed to reconsider the bill. If, after such reconsideration, a majority of the members of that house shall agree to pass the same, it shall be sent, together with the objections, to the other house; by which it shall be in like manner reconsidered; and, if approved by a majority of all the members elected to that house, it shall become a law. In all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house, respectively. If any bill shall not be returned by the governor within four days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if the governor had signed it; unless the general assembly, by its adjournment, shall prevent its return, in which case it shall not become a law.

11. Every resolution, to which the concurrence of the senate and house of representatives may be necessary, except in cases of adjournment, shall be presented to the governor, and, before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill.

12. There shall be an auditor of public accounts, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall continue in office four years, and until his successor is duly appointed and qualified; and shall perform such duties as may be prescribed by law. His office shall be kept at the seat of government.

13. The governor shall, at stated times, receive for his services an adequate salary, to be fixed by law; which shall neither be increased nor diminished after his election and during his continuance in office.

14. There shall be a lieutenant-governor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications as the governor. The electors shall distinguish for whom they vote as governor and for whom as lieutenant-governor.

15. The lieutenant-governor shall, by virtue of his office, be president of the senate. In committee of the whole, he may debate on all questions; and, when there is an equal division, he shall give the casting vote in the senate, and also in joint vote of both houses. 16. When the office of governor shall become vacant, by death, resignation, absence from the state, removal from office, refusal to qualify, impeachment, or otherwise, the lieutenant-governor, or, in case of like disability on his part, the president of the senate pro tempore, or if there be no president of the senate pro tempore, the speaker of the house of representatives, shall possess all the powers and discharge all the duties of governor, and shall receive for his services the like compensation, until such vacancy be filled, or the governor, so absent or impeached, shall return or be acquitted; and if, at any time, the president of the senate or speaker of the

house of representatives shall be the acting governor, another presiding officer shall be chosen in his place by the body over which he presided.

17. Whenever the office of governor shall become vacant, by death, resignation, removal from office, or otherwise, the lieutenantgovernor, or other person exercising the power of governor for the time being, shall, as soon as may be, cause an election to be held to fill such vacancy, giving three months previous notice thereof; and the person elected shall not thereby be rendered ineligible to the office of governor for the next succeeding term. Nevertheless, if such vacancy shall happen within eighteen months of the end of the term for which the late governor shall have been elected, the same shall not be filled.

18. The lieutenant-governor or president of the senate pro tempore, while presiding in the senate, shall receive the same compensation as shall be allowed to the speaker of the house of representatives.

19. The returns of all elections of governor and lieutenant-governor, shall be made to the secretary of state, in such manner as may be prescribed by law.

20. Contested elections of governor and lieutenant-governor, shall be decided by a joint vote of both houses of the general assembly, in such manner as shall be prescribed by law.

21. There shall be a secretary of state, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall hold his office during the continuance in office of the governor appointing him, and until his successor shall be duly qualified; unless sooner removed on impeachment. He shall keep a register of all the official acts and proceedings of the governor, and when necessary shall attest the same; and he shall lay the same, together with all papers relative thereto, before either house of the general assembly, whenever required so to do; and shall perform such other duties as may be enjoined on him by law.

22. The secretary of state shall keep the seal of state, with such emblems and devices as are directed by law, which shall not be subject to change. It shall be called the "great seal of the state of Missouri;" and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.

23. There shall be elected, in each county, by the qualified electors, at the time and place of electing representatives, a sheriff, and a coroner. They shall serve for two years, and until a successor be duly qualified, unless sooner removed for misdemeanor in office: and shall be ineligible four years in any period of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office, in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election, and until a successor shall be duly qualified.

24. Whenever vacancies shall happen in the office of sheriff or coroner, the judges of the tribunal transacting county business, or a majority of them, shall, as soon as may be, cause an election to be

held to fill such vacancy, giving fifteen days previous notice thereof; said judges having the power, in the meantime, of making temporary appointments; and the person elected shall continue in office until his successor is duly qualified. Nevertheless, if such vacancy shall happen within six months of the end of the term for which the late sheriff or coroner shall have been elected or appointed, the said judges, or a majority of them, may, in their discretion, order such election or fill such vacancy by appointment, and the sheriff or coroner so elected or appointed, shall not thereby be rendered ineligible for the next succeeding term.

25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit courts of the counties shall give the casting vote. And all contested elections shall be decided by the circuit courts respectively, in such manner as the general assembly may by law prescribe.

ARTICLE V.-Of Judicial Powers.

21. The judicial power, as to matters of law and equity, shall be vested in a supreme court, circuit courts, county courts, justices of the peace, and such other tribunals inferior to the circuit courts, as the general assembly may from time to time ordain and establish.

2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under the restrictions and limitations in this constitution provided.

3. The supreme court shall have a general superintending control over all inferior courts; it shall have power to issue writs of habeas corpus, mandamus, prohibition, quo warranto, information in the nature of writs of quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.

4. The supreme court shall consist of three judges, any two of whom shall be a quorum; it shall hold two sessions annually, at the seat of government, until otherwise directed by law.

5. The governor shall nominate, and by and with the advice and consent of the senate, shall appoint the judges of the supreme court: each judge shall be appointed for the term of twelve years; and every appointment to fill a vacancy shall be for the residue of the term only; but in all cases the judge shall hold over until a successor shall be appointed and qualified.

6. The judges of the supreme court shall be conservators of the peace throughout the state; they shall receive at stated times an adequate compensation for their services, to be fixed by law; which shall not be diminished during the term for which they shall have been appointed.

7. The judges of the supreme court, or any two of them, shall appoint the clerk of said court, who shall hold his office for the term of six years, and until his successor is appointed and qualified.

8. No judge of the circuit court shall be elected or appointed to any office of honour, profit, or trust, under the government of this

state, during the term for which he shall have been elected or appointed, except that a judge of the circuit court may be appointed to the supreme court: Provided, that if any judge shall resign his office, he shall not be ineligible to any office for a longer period than twelve months after such resignation. If any judge shall offer or consent to be a candidate for any office under the government of the United States, such offer or consent shall be taken and considered a voluntary resignation of his office.

9. The state shall be divided into ten compact, convenient circuits, which number of circuits shall not be increased within ten years after the adoption of this constitution.

10. No circuit shall be altered or changed at any session of the general assembly next preceding the regular election for judge of such circuit, nor shall such change occur oftener than once in six years, but the general assembly may add to any circuit any new county hereafter organized.

11. For each circuit there shall be a judge chosen by the qualified electors therein, who shall hold his office for the term of six years, and until his successor shall be elected and qualified. When a vacancy shall happen in the office of circuit judge, within one year of the expiration of the term for which he was elected, such vacancy shall be filled by an appointment by the governor; in all other cases of vacancy it shall be filled by an election. He shall receive, at stated times, an adequate compensation for his services, to be fixed by law, which shall not be diminished during the term for which he shall have been elected. After his election he shall reside and be a conservator of the peace in said circuit.

12. If there be a vacancy in the office of judge of any circuit, or if he be sick, absent, or from any cause unable to hold any term of court of any county of his circuit, such term of court may be held by a judge of any other circuit; and at the request of the judge of any circuit, any term of court in his circuit may be held by the judge of any other circuit.

13. The circuit court shall have jurisdiction over all criminal cases not otherwise provided for by law, and exclusive original jurisdiction over all civil cases in law and equity, not cognisable before county courts or justices of the peace, until otherwise directed by law; it shall hold its terms in such place in each county, and at such times, as the general assembly shall by law direct.

14. The circuit court shall exercise a superintending control over all inferior courts, and entertain appeals therefrom in such cases and in such manner as shall be prescribed by law.

15. The circuit court, as a court of chancery, shall have power to grant divorces in all cases prescribed by law, to make such provisions for the aggrieved party, and the custody, support, and education of minor children, as shall be just and equitable.

16. The supreme court and circuit court shall exercise chancery jurisdiction, in such manner and under such restrictions as shall be prescribed by law.

17. No person shall be appointed judge of the supreme court, or elected judge of the circuit court, unless he shall be a citizen of the