Page:New York Constitution of 1846.pdf/21

 legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal.

§ 8. [Legislature may determine vacancies.]—The legislature may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this Constitution.

ARTICLE XI.

Section 1. [Militia.]—The militia of this state shall, at all times hereafter, be armed and disciplined and in readiness for service; but all such inhabitants of this state, of any religious denomination whatever, as, from scruples of conscience, may be adverse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.

§ 2. [Militia officers, how chosen.]—Militia officers shall be chosen or appointed as follows: Captains, subalterns, and non-commissioned officers shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions by the written votes of the conmissioned officers of the respective regiments and separate battalions; brigadier-generals and brigade inspectors by the field officers of their respective brigades; major-generals, brigadier-generals, and commanding officers of regiments or separate battalions shall appoint the staff officers to their respective divisions, brigades, regiments, or separate battalions.

§ 3. [Governor to appoint certain militia officers.]—The governor shall nominate, and, with the consent of the senate, appoint, all major-generals and the commissary-general. The adjutant-general and other chiefs of staff departments, and the aide-de-camp of the commander-in-chief shall be appointed by the governor, and their commissions shall expire with the time for which the governor shall have been elected. The commissary-general shall hold his office for two years. He shall give security for the faithful execution of the duties of his office, in such manner and amount as shall be prescribed by law.

§ 4. [Election of militia officers.]—The legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the governor.

§ 5. [Commissioned officers; removal.]—The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions, subject to removal, as before provided.

§ 6. [Method of choosing militia officers may be changed.]—In case the mode Of election and appointment of militia officers hereby directed shall not be found conducive to the improvement of the militia the legislature may abolish the same and provide by law for their appointment and removal, if two thirds of the members present in each house shall concur therein.