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mall cease to send a Delegate or Representative to the Allembly.
The other shall be called The Senate, and consist of twenty-four Members, of whom thirteen shall constitute a House to proceed on business ; for whole election, the different counties shall be divided into twenty-four distriels ; and each county of the respective district, at tlie time of the election of its Delegates, fall vote for one Sevator, who is actually a resident and freeholder within the district, or dulv qualified according to law, and is upwards of twenty...ve years of age ; and the Sheriffs of each county, within five days at fartbelt, alier the lait county election in the district, Mall meet at some convenient place, and from the pill fo taken in ilieir respective counties, return, as a Senales, the man who shall have the greatest number of votes in ihe whole district. To keep up this Assembly by rotation, the districts shall be equally divided into four classes and numbered by lot. At the end of one year, after the general election, the fix Members, elected by the first division, thall be dif;laced, and the vacancies thereby occalioned, fupplied from such class or division, by new election, in the manner aforesaid. This rotation thall be applied to each division, according to its nomber, and continued in due order annually.
The right of futfrage in the election of Members for both Houles, shall remain as exercised at present; and each llonte shall choose its own Speaker, appoint its own oflicers, settle its own roles of proceeding, and direct writs of election, for the fupplying intermediate vacancies.
All laws shall originate in the House of Delegates, to be approved of or rejected by the Senate, or to be amended, with consent of the House of Delegates ; except money bills, which in no infance shall be altered by the Senate, but wholly approved or rejected.
A Governor or Chief Magistrate, mali be chosen annually loy joint ballot of both Houses (to be taken in cach lioufe respectively) deposited in the conference room ; the boxes examined jointly by a Cominitree of each House, and the numbers severally reported to them, that the appointments may be entered (which shall be the mode of taking the joint ballot of both Houses in all cases) who hall not continue in that office longer than three years successively, nor be eligible, until the expiration of four years after he fhall bave been out of that office. An adequate, but inoderate falary shall be settled on him, during his continuance in office; and he shall, with the advice of a Council of State, exercise the executive powers of government, according to the laws of this Commonwealth ; and !hall not, under any pretence, exercise any power or prerogative, by virtue of any law, flatuie, or custom of England. But he shall with the advice of a Council of State have the power of granting ieprieves or pardons, cxcept where the profecution shall have been carried on by the House of Delegates, or the law shall otherwile particularly direct; in which cales, no reprieve or pardon thall be granted, but by resolve of the House of Delegates.
Either House of the General Assembly may adjourn themselves respectively. The Governor mall not prorogue or adjourn the Allembly, during their fitting, nor diflolve them at any time ; but he mall, if necessaro, either by advice of the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they fall stand prorogued or adjourned.
A Privy Council, or Council of State, consisting of eight members, shall be chosen by joint ballot of both Houses of Ailembly, either from their own members or the people at large, to afist in the administration of government. They shall annually choose; out of their own members, a President, who, in case of death, inability, or absence of the Governor from the government, shall act as Lieutenant-Governor.
Four meinbers shall be fufficient to act, and their advice and pro. ceedings shall be entered on record, and ligued by the members present (to any part whereof, any member may enter his diflent) to be laid before the General Ali sembly when called for by them. This Council
may appoint their own Clerk, who shall have a falary seis
iled by law, and take an oath of secrecy, in such mate ters as he shall be directed by the board to conceal. A fum of money, appropriated to that purpose, shall be divided annually among the members, in proportion to their attendance ; and they shall be incapable, during their continuance in office, of fitting in either House of Assembly. Two members shall be removed, by joint ballot of both Houses of Aslembly, at the end of every 1 hree years, and be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections, in the fame manner.
The Delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the mean irme, by joint ballot of both Houses of Assembly.
The present militia officers fhall be continued, and vacancies fupplied by appointment of the Governor, with the advice of the Privy Council, on recommen, dations from the respective County Courts ; but the Go. vernor and Council shall have a power of suspending any officer, and ordering a Court Martial, on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service.
The Governor inay embody the militia, with the advice of the Privy Council ; and when embodied, shall alone have the direction of the militia under the laws of the country:
The two Houses of Assembly fhall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of AdmiJalty, Secretary, and the Attorney General, to be commissioned by the Governor, and continue in office during good behaviour. In case of death, incapacity, or relignation, the Governor, with the advice of the Privy Council, shall appoint persons to succeed in office, to be approved or displaced by both Houses. These officers Shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all miniSters of the gospel, of every denomination, be incapable of being elected members of either House of Aflembly or Privy Council.
The Governor, with the advice of the Privy Council, hall appoint Justices of the Peace for the counties; and in case of varancies, or a necellity of encreasing the number hereafter, such appointments to be made upon the recommendation of the respective County Courta. The present acting Secretary in Virginia, and Clerks of all the County Courts, shall continue in office. In case of vacancies, either by death, incapacity or resignation, a Secretary shall be appointed as before directed; and the Clerks, by the relpective Couris.
The present and future Clerks Mall hold their offices during good behaviour, to be judged of, and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective Courts, approved by the Governor', with the advice of the Privy Council, and commissioned by the Governor. The Justices shall appoint Constables; and all fees of the aforelaid officers be regulated by law.
The Governor, when he is out of office, and others, offending against the State, either by mal-administration, corruption, or other means, by which the safety of ihe Srare
may be endangered, thall be impeachable by the House of Delegates. Such impeachment to be prosecuted by the Attorney-General, or such other person or persons as the House may appoint, in the General Court according to the laws of the land. If found guilty, he or they shall be either forever disabled to hold any office under government, or be removed from lich office pro tempore, or subjected to such pains or penalties, as the laws Thall direct.
If all or any of the Judges of the General Court Mould, on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offences above mentioned, such House of Delegates may, in like manner, impeach the Judge or Judges fo accused, to be prosecuted in the Court of Appeals; and he or they, if found guilly, mall be punished in the lame manner as is prescribed in the preceding clause.
Commissions and grants shall run “In the name of the Commonwealth of Virginia,” and bear test by the Gover.
nor, with the seal of the Commonwealth annexed. Writs shall run in the same manner, and bear test by the Clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the Commons wealth."
A Treasurer shall be appointed annually, by joint ballot of both Houses.
All escheats, penalties, and forfeitures, heretofore going to the King, shall go to the Commonwealth, lave only fuch as the Legislature may abolish, or otherwise provide fur.
The territories, contained within the charters erecting the Colonies of Maryland, Pennsylvania, Nortlı and South Carolina, are hereby cedex, released, and forever confirmed to the people of these colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might, at any time heretofore, have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokornoke, with the property of the Virginia shores and strands, bordering on either of the said rivers, and all improvements, which have been, or shall be made thereon. The western and northern extent of Virginia Mall, in all other respects, ftand, as fixed by the charter of King James I. in the year one thousand six hundred and nine, and by the pube lic treaty of peace, betwen the Courts of Britain and France, in the year one thousand seven hundred and fixty-three; unless by act of this Legislature, one or jnore governments be established westward of the Al. leghany mountains. And no purchases of lands fall be made of the Indian natives, but on behalf of the public by authority of the General Assembly,