INTRODUCTION. 3 



The governor constitutes the executive department, is biennially elected by 

 the people, is commander-in-chief of the militia and admiral of the navy, and is 

 charged with the execution of the laws. He annually communicates to the legis- 

 lature the condition of the state, and recommends such measures as he deems 

 expedient. He is invested with power to pardon in all cases whatsoever, except 

 treason, and may suspend the execution of persons convicted of that crime until 

 the pleasure of the legislature shall be made known. In case of his death, absence 

 or incapacity, the executive functions devolve upon the lieutenant-governor. The 

 administrative department is intrusted with the fiscal interests of the state, and is 

 divided among a secretary of state, comptroller, treasurer, surveyor-general, attor- 

 ney-general, commissary-general, commissioners of the canal fund, commissioners 

 of the land-office, and canal commissioners ; each of whom, by virtue of the consti- 

 tution or laws, is appointed by the legislature without the interposition of the execu- 

 tive authority. There is a court for the trial of impeachments and the correction 

 of errors, which is composed of the lieutenant-governor, senators, chancellor, and 

 the justices of the supreme court. Articles of impeachment may be preferred by 

 the assembly against the governor and all administrative and judicial officers, and 

 the votes of two-thirds of the members of the court for the trial of impeachments 

 are necessary to a conviction. The court may remove the party convicted from 

 office. The same court reviews the judgments and decrees of the supreme court 

 and the court of chancery. The supreme court is a court of law, having jurisdic- 

 tion in civil and criminal cases ; and consists of three justices, each of whom holds 

 his office until he attains the age of sixty years. Issues of fact are tried by jury 

 before circuit judges who hold circuit courts, and by the county courts ; and such 

 issues in criminal cases are tried by jury in courts of oyer and terminer and general 

 sessions in the several counties. The supreme court reviews the judgments of all 

 inferior legal tribunals. County courts of common pleas and general sessions are 

 held by local judges, who hold their offices five years, and review the proceedings 

 in justices' courts. There are four justices of the peace in each town ; they are 

 elected by the people, and hold their offices four years, and have jurisdiction in 



