ceding the election, exclusive of the day of the happening of the vacancy and the day of the election: in that case, if an election for Governor would not have been held at said election, without the happening of such vacancy, no election for Governor shall be held at said election in consequence of such vacancy. If the trial of a contested election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may then be in the exercise of the Executive au-, thority, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each branch of the Legislature.

State.

SEC. 15. A Secretary shall be appointed and commissioned du- Secretary of ring the Governor's continuance in office, if he shall so long behave himself well. He shall keep a fair Register of all the official acts and proceedings of the Governor, and shall, when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers, relative thereto, before them, and shall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services to be fixed by law.

ARTICLE IV.

SEC. 1. All elections for Governor, Senators, Representatives, Elections. Sheriffs and Coroners shall be held on the second Tuesday of November, and be by ballot: And in such elections every free white Voters. male citizen, of the age of twenty-two years or upwards, having resided in the State one year next before the election, and the last month thereof in the county where he offers to vote, and having within two years next before the clection, paid a county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty-one years and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax: Provided that no person in the military, naval, or marine service of the United States, shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane person, pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector; and that the Legislature may impose the forfeiture of the right of suffrage, as a punishment for crime.

SEC. 2. Electors shall in all cases, except treason, felony, or Privileges. breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.

ARTICLE V.

Impeach

SEC. 1. The House of Representatives shall have the sole power ments.

Treason

Judiciary.

Courts.

Superior
Court.

of impeaching: but two-thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate: and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators.

SEC. 2. The Governor and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under this State, but the party convicted shall nevertheless be subject to indictment, trial, judgment and punishment according to law.

SEC. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

ARTICLE VI.

SEC. 1. The judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an Orphans' Court, a Court of Oyer and Terminer, a Court of General Sessions of the Peace and Gaol Delivery, a Register's Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the members of both Houses, shall from time to time establish.

SEC. 2. To compose the said courts there shall be five judges in the State. One of them shall be Chancellor of the State; he shall also be President of the Orphans' Court: he may be appointed in any part of the State. The other four judges shall compose the Superior Court, the Court of Oyer and Terminer, and the Court of General Sessions of the Peace and Gaol Delivery, as hereinafter prescribed. One of them shall be Chief Justice of the State, and may be appointed in any part of it. The other three judges shall be Associate Judges, and one of them shall reside in each county.

SEC. 3. The Superior Court shall consist of the Chief Justice and two Associate Judges. The Chief Justice shall preside in every county, and in his absence the senior Associate Judge sitting in the county shall preside,_No Associate Judge shall sit in the county in which he resides. Two of said Judges shall constitute a quorum. One may open and adjourn the Court, and make all rules necessary for the expediting of business.

This court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law, and all other the jurisdiction and powers vested by the laws of this State in the Supreme Court or Court of Common Pleas.

sions of the

SEC. 4. The Court of General Sessions of the Peace and Gaol Court of GeDelivery shall be composed in each County of the same Judges and neral Ses in the same manner as the Superior Court. Two shall constitute a Peace. quorum, One may open and adjourn the Court. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Gaol Delivery.

SEC. 5. The Chancellor shall hold the Court of Chancery. This Court of Court shall have all the jurisdiction and powers vested by the laws Chancery. of this State in the Court of Chancery.

SEC. 6. The Court of Oyer and Terminer shall consist of all the Court of Oyer Judges except the Chancellor. Three of the said Judges shall con- and Termistitute a quorum. One may open and adjourn the court. This court ner. shall exercise the jurisdiction now vested in the Courts of Oyer and Terminer and General Gaol Delivery by the laws of this State. In the absence of the Chief Justice the senior Associate present shall preside.

The

SEC. 7. The Court of Errors and Appeals shall have jurisdiction Court of Erto issue writs of Error to the Superior Court, and to receive appeals rors and Apfrom the Court of Chancery, and to determine finally all matters in peals. error in the judgments and proceedings of said Superior Court, and all matters of Appeal in the interlocutory or final decrees and proceedings in Chancery. The Court of Errors and Appeals upon a writ of error to the Superior Court shall consist of three Judges at least: that is to say, the Chancellor, who shall preside, the associate judge who could not on account of his residence sit in the cause below, and one of the judges who did sit in the said cause. Judges of the Superior Court to whom it appertains to hold the Superior Court in each county, shall sit alternately in the Court of Errors and Appeals in cases in error brought from the Superior Court in such county, according to the following rotation: that is to say: If the judgment below be rendered in the court in New Castle county at the first term of the said court there, the Chief Justice shall sit; if at the second term of the said court there, the associate judge for Kent county shall sit, and if at the third term of said court there, the associate judge for Sussex county shall sit. If the judgment below be rendered in the court in Kent county at the first term of said court there, the associate judge for Sussex county shall sit, if at the second term of the said court there, the associate judge for New Castle county shall sit, and if at the third term of the said court there, the Chief Justice shall sit. If the judgment below be rendered in the court in Sussex county at the first term of said court there, the associate judge for New Castle county shall sit, if at the second term of the said court there, the Chief Justice shall sit, and if at the third term of the said court there, the associate judge for Kent county shall sit; and so from term to term, in every succeeding rotation the judges beginning and following each other in the same order. But if in any case in the Court of Errors and Appeals, the judge who sat in the cause below, and ought according to this provision to

Questions of

law.

Chancellor interested.

Judge ad li

tem.

Orphans'
Court.

sit in the Court of Errors and Appeals, be absent, unable or disqualified, then either of the other judges, who sat in the cause below, may sit: and the court shall have power to prevent any inconvenience or delay from observing the rotation above prescribed, by making an order or regulation for either of the judges who sat in the cause below, to sit in such cause in the Court of Errors and Appeals. If a judge did not sit in the cause below, he shall sit in the said cause in the Court of Errors and Appeals, unless there be a legal exception to him; but the court, if there be three judges present, may proceed

in his absence.

Whenever the Superior Court consider that a question of law ought to be decided before all the judges, they shall have power, upon the application of either party, to direct it to be heard in the Court of Errors and Appeals; and in that case the chancellor and four judges shall compose the Court of Errors and Appeals, the chancellor presiding, and any four of them being a quorum; and in the absence of the chancellor, the Chief Justice shall preside. The Superior Court in exercising this power, may direct à cause to be proceeded into verdict and judgment in that court, or to be otherwise proceeded in, as shall be best for expediting justice.

Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and three associate judges; and three of them shall be a quorum.

SEC. 8. In matters of chancery jurisdiction in which the Chancellor is interested, the Chief Justice sitting in the Superior Court without the associate judges, shall have jurisdiction, with an appeal to the Court of Errors and Appeals, which shall consist in this case of the three associate judges, the senior associate judge presiding.

SEC. 9. The Governor shall have power to commission a judge ad litem, to decide any cause in which there is a legal exception to the Chancellor or any judge, so that such appointment is necessary to constitute a quorum in either court. The commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The judge so appointed shall receive a reasonable compensation to be fixed by the General Assembly. A member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a judge ad litem.

SEC. 10. The Orphans' Court, in each county, shall be held by the Chancellor and the associate judge residing in the county; the Chancellor being President. Either of them, in the absence of the other, may hold the court. When they concur in opinion there shall be no appeal from their decision, except in the matter of real estate. When their opinions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof, there shall be an appeal to the Superior Court

for the county, which shall have final jurisdiction in every such case. This court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court.

SEC. 11. The jurisdiction of each of the aforesaid courts shall be Jurisdiction. co-extensive with the State. Process may be issued out of each court, in either county, into every county.

alter..

SEC. 12. The General Assembly, notwithstanding any thing con- General Astained in this article, shall have power to repeal or alter any act of sembly may the General Assembly, giving jurisdiction to the Courts of Oyer and Terminer and General Gaol Delivery, or to the Supreme Court, or the Court of Common Pleas, or the Court of General Quarter Sessions of the Peace and Gaol Delivery, or the Orphans' Court, or to the Court of Chancery, in any matter, or giving any power to either of said Until the General Assembly shall otherwise direct, there shall be an appeal to the Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly, to the High Court of Errors and Appeals.

courts.

SEC. 13. Until the General Assembly shall otherwise provide, the Chancellor shall exercise all the powers which any law of this State vests in the Chancellor, beside the general powers of the Court of Chancery; and the Chief Justice and Associate Judges shall each singly exercise all the powers which any law of this State vests in the Judges singly of the Supreme Court or Court of Common Pleas.

SEC. 14. The chancellor and judges shall respectively hold their Tenure of offices during good behavior, and receive for their services a compen- office. sation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say:-the annual salary of Salaries. the Chief Justice shall not be less than the sum of one thousand two hundred dollars: and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars; and the annual salaries of the Associate Judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees or perquisites, in addition to their salaries for business done by them. The Governor may for any reasonable cause, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the General Assembly. In all cases where the Legislature shall so address the Governor, the cause of removal shall be entered on the Journals of each House. The Judge against whom the Legislature may be about to proceed, shall receive notice thereof, aocompanied with the causes alleged for his re