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fhall cease to fend a Delegate or Reprefentative to the Affembly.

The other fhall be called The Senate, and confift of twenty-four Members, of whom thirteen fhall conftitute a Houfe to proceed on buflinefs; for whofe election, the different counties fhall be divided into twenty-four diftricts; and each county of the refpective diftrict, at the time of the election of its Delegates, fhall vote for one Seuator, who is actually a refident and freeholder within the diftrict, or duly qualified according to law, and is upwards of twenty live years of age; and the Sheriffs of each county, within five days at fartheft, after the last county election in the diftrict, shall meet at fome convenient place, and from the p. 11 fo taken in their respective counties, return, as a Senator, the man who fhall have the greatest number of votes in the whole diftrict. To keep up this Affembly by rotation, the diftricts fhall be equally divided into four claffes and numbered by lot. At the end of one year, after the general election, the fix Members, elected by the first divifion, fhall be difplaced, and the vacancies thereby occafioned, fupplied from fuch clafs or divifion, by new election, in the manner aforefaid. This rotation thall be applied to each divifion, according to its number, and continued in due order annually.

The right of fuffrage in the election of Members for both Houles, fhall remain as exercifed at prefent; and each Houfe fhall choofe its own Speaker, appoint its own officers, fettle its own rules of proceeding, and direct writs of election, for the fupplying intermediate vacancies.

All laws fhall originate in the Houfe of Delegates, to be approved of or rejected by the Senate, or to be amended, with confent of the Houfe of Delegates; except money bills, which in no inflance fhall be altered by the Senate, but wholly approved or rejected.

A Governor or Chief Magiftrate, fhall be chofen annually by joint ballot of both Houfes (to be taken in each Houfe refpectively) depofited in the conference room; the boxes examined jointly by a Committee of each Houfe, and the numbers feverally reported to

them

them, that the appointments may be entered (which fhall be the mode of taking the joint ballot of both Houses in all cafes) who fhall not continue in that office longer than three years fucceffively, nor be eligible, until the expiration of four years after he fhall have been out of that office. An adequate, but moderate falary shall be settled on him, during his continuance in office; and he fhall, with the advice of a Council of State, exercife the executive powers of government, according to the laws of this Commonwealth; and fhall not, under any pretence, exercife any power or prerogative, by virtue of any law, flatute, or custom of England. But he fhall with the advice of a Council of State have the power of granting reprieves or pardons, except where the profecution fhall have been carried on by the House of Delegates, or the law fhall other wife particularly direct; in which cafes, no reprieve or pardon fhall be granted, but by refolve of the Houfe of Delegates.

Either Houfe of the General Affembly may adjourn themselves refpectively. The Governor fhall not prorogue or adjourn the Affembly, during their fitting, nor diflolve them at any time; but he fhall, if neceffarv, either by advice of the Council of State, or on application of a majority of the Houfe of Delegates, call them before the time to which they fhall ftand prorogued or adjourned.

A Privy Council, or Council of State, confifting of eight members, fhall be chofen by joint ballot of both Houfes of Affembly, either from their own members or the people at large, to affift in the adminiftration of government. They fhall annually choofe, out of their own members, a Prefident, who, in cafe of death, inability, or abfence of the Governor from the government, fhall act as Lieutenant-Governor. Four mem

bers fhall be fufficient to act, and their advice and proceedings fhall be entered on record, and figued by the members prefent (to any part whereof, any member may enter his diffent) to be laid before the General Af fembly when called for by them. This Council may appoint their own Clerk, who fhall have a falary fet

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tled

tled by law, and take an oath of fecrecy, in fuch matters as he fhall be directed by the board to conceal. Á fum of money, appropriated to that purpofe, fhall be divided annually among the members, in proportion to their attendance; and they fhall be incapable, during their continuance in office, of fitting in either House of Affembly. Two members fhall be removed, by joint ballot of both Houfes of Aflembly, at the end of every three years, and be ineligible for the three next years. Thefe vacancies, as well as thofe occafioned by death or incapacity, fhall be fupplied by new elections, in the fame manner.

The Delegates for Virginia to the Continental Congrefs fhall be chofen annually, or fuperfeded in the mean time, by joint ballot of both Houfes of Affembly.

The prefent militia officers fhall be continued, and vacancies fupplied by appointment of the Governor, with the advice of the Privy Council, on recommendations from the refpective County Courts; but the Go vernor and Council fhall have a power of fufpending any officer, and ordering a Court Martial, on complaint of mifbehaviour or inability, or to fupply vacancies of officers happening when in actual fervice.

The Governor may embody the militia, with the advice of the Privy Council; and when embodied, fhall alone have the direction of the militia under the laws of the country.

The two Houfes of Affembly fhall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney General, to be commiffioned by the Governor, and continue in office during good behaviour. In cafe of death, incapacity, or refignation, the Governor, with the advice of the Privy Council, fhall appoint perfons to fucceed in office, to be approved or difplaced by both Houfes. These officers fhall have fixed and adequate falaries, and, together with all others holding lucrative offices, and all minifters of the gofpel, of every denomination, be incapable of being elected members of either Houfe of Affembly or Privy Council.

The

The Governor, with the advice of the Privy Council, hall appoint Juftices of the Peace for the counties; and in cafe of vacancies, or a neceflity of encreafing the number hereafter, fuch appointments to be made upon the recommendation of the refpective County Courts. The prefent acting Secretary in Virginia, and Clerks of all the County Courts, fhall continue in office. In cafe of vacancies, either by death, incapacity or refignation, a Secretary fhall be appointed as before directed; and the Clerks, by the refpective Courts. The present and future Clerks fhall hold their offices during good behaviour, to be judged of, and determined in the General Court. The Sheriffs and Coroners fhall be nominated by the respective Courts, approved by the Governor, with the advice of the Privy Council, and commiffioned by the Governor. The Juftices fhall appoint Conftables; and all fees of the aforefaid officers be regulated by law.

The Governor, when he is out of office, and others, offending against theState, either by mal-adminiftration, corruption, or other means, by which the fafety of the State may be endangered, fhall be impeachable by the Houfe of Delegates. Such impeachment to be profecuted by the Attorney-General, or fuch other perfon or perfons as the Houfe may appoint, in the General Court according to the laws of the land. If found guilty, he or they shall be either forever difabled to hold any office under government, or be removed from fuch office pro tempore, or fubjected to fuch pains or penalties, as the laws fhall direct.

If all or any of the Judges of the General Court fhould, on good grounds (to be judged of by theHouse of Delegates) be accused of any of the crimes or offences above mentioned, fuch Houfe of Delegates may, in like manner, impeach the Judge or Judges fo accufed, to be profecuted in the Court of Appeals; and he or they, if found guilty, fhall be punished in the fame manner as is prefcribed in the preceding claufe.

Commiffions and grants fhall run "In the name of the Commonwealth of Virginia," and bear teft by the Gover

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nor, with the feal of the Commonwealth annexed, Writs fhall run in the fame manner, and bear teft by the Clerks of the feveral courts. Indictments fhall conAgainst the peace and dignity of the Common

clude, 66

wealth."

A Treasurer fhall be appointed annually, by joint ballot of both Houses.

All efcheats, penalties, and forfeitures, heretofore going to the King, fhall go to the Commonwealth, fave only fuch as the Legiflature may abolith, or otherwife provide for.

The territories, contained within the charters erecting the Colonies of Maryland, Pennfylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the people of thefe colonies refpectively, with all the rights of property, jurifdiction and government, and all other rights what foever, which might, at any time heretofore, have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia fhores and ftrands, bordering on either of the faid rivers, and all improvements, which have been, or fhall be made thereon. The western and northern extent of Virginia fhall, in all other refpects, fland, as fixed by the charter of King James I. in the year one thoufand fix hundred and nine, and by the public treaty of peace, betwen the Courts of Britain and France, in the year one thoufand feven hundred and fixty-three; unless by act of this Legislature, one or more governments be established weftward of the Alleghany mountains. And no purchases of lands fhall

be made of the Indian natives, but on behalf of the public by authority of the General Affembly,

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