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fhall cease to send a Delegate or Representative to the Affembly.

The other shall be called The Senate, and consist of twenty-four Members, of whom thirteen shall constitule a House to proceed on business ; for whose election, the different counties shall be divided into twenty-four districis ; and each county of the respective district, at the time of the election of its Delegates, hall vote for one Sevator, wlio is actually a resident and freeholder within the district, or duly 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 last county election in the distridt, Mall meet at fome convenient place, and from the pill fo taken in ilieir respective counties, return, as a Senator, the man who ihall have the greatest number of votes in ihe whole diftri&t. 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 displaced, and the vacancies thereby occafioned, fupplied from such class or division, by new election, in the manner aforesaid. This rotation thall be applied to each division, according to its number, and continued in due order annually.

The right of futfrage in the election of Members for both Houles, shall remain as exercised at prefent; and each Ilonfe shall choose its own Speaker, appoint its own oflicers, settle its own rules of proceeding, and direct writs of election, for the fupplying intermediate vacaucies.

All jaws 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 ipllance shall be altered by the Senate, but wholly approved or rejected.

A Governor or Chief Magistrate, shall be chosen annually by joint ballot of both Houses (to be taken in cach llouse respectively) deposited in the conference room ; the boxes examined jointly by a Cominittee 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 shall not continue in that office longer than three years fuccessively, nor be eligible, until the expiration of four years after he thall bave been out of that office. An adequate, but noderate lalary shall be settled on him, during his continuance in office; and he thall, with the advice of a Council of State, exercise the executive powers of government, according to the laws of this Commonwealth ; and lhall not, under any pretence, exercise any power or prerogarive, 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 reprieves or pardons, except where the prosecution shall have been carried on by the House of Delegates, or the law shall otherwise particularly direct; in which cases, no reprieve or pardon fhall be granted, but by resolve of the House of Delegates.

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Either House of the General Assembly may adjourn themselves respectively. The Governor fall not prorogue or adjourn the Affembly, during their fitting, nor dilloive them at any time ; but he shall, 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 Mall Stand proas rogued or adjourned.

A Privy Council, or Council of State, consifting of eight members, thall be chosen by joint ballot of both Houses of Ailembly, either from their own meinbers or the people at large, to aliit in the administration of government. They shall annually choofe, out of their own members, a President, who, in case of death, inability, or absence of the Governor from the government, mall act as Lieutenant-Governor.

Four meinbers shall be fufficient to act, and their advice and proceedings shall be entered on record, and signed by the members prefent (to any part whereof, any member may enter bis diflent) to be laid before the General Ara sembly when called for by them. This Council may appoint their own Clerk, who shall have a falary feia

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iled by law, and take an oath of secrecy, in such matters as he shall be directed by the board to conceal. á 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 Allembly, at the end of every three 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 hall be chosen annually, or superseded in the mean ume, by joint ballot of both Houses of Assembly.

The present miliria officers shall be continued, and vacancies supplied by appointment of the Governor, with the advice of the Privy Council, on recommesdations from the respective County Courts ; but the Go. vernor and Council shall have a power of fufpending any officer, and ordering a Court Martial, on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in aetual service.

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

The two Houses of Assembly shall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admi. Jaliy, Secretary, and the Attorney Ger 1, to be commissioned by the Governor, and continue in office during good behaviour. In case of death, incapacity, or reTignation, the Governor, with the advice of the Privy Council, shall appoint persons to succeed in office, to be approved or dilplaced by both Houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all miniNers of the gospel, of every denomination, be incapa. ble of being elected members of either House of Affem. bly or Privy Council.

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The Governor, with the advice of the Privy Council, hall appoint Justices of the Peace for the counties; and in case of vacancies, or a necessity of encreasing the number hereafter, such appointments to be made upon the recommendation of the respective County Courra. The prelent acting Secretary in Virginia, and Clerks of all the County Courts, hall 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 respective Courts. The present and future Clerks thall 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 thall appoint Constables; and all fees of the aforesaid 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 fafety of ihe Srate

may be endangered, thall be impeachable by the House of Delegates. Such impeachment to be prosecu. ted 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 such office pro tempore, or fobjected to such paios or penalties, as the laws shall 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 accufed, to he prosecuted in the Court of Appeals; and he or they, if found guilty, Mall be punished in the lame manner as is prescribed in the preceding clause.

Commillions and grants shall run “In the name of the Commonwealth of Virginia," and bear test by the Gover

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nor, with the seal of the Commonwealth annexed. Writs shall run in the same manner, and bear test hy the Clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the Commonwealth."

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 such as the Legislature may abolish, or otherwise provide for.

The territories, contained within the charters erect. ing the Colonies of Maryland, Pennsylvania, North and South Carolina, are hereby cedes, released, and forever confirmed to the people of these colonies relpectively, 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 Potoinaque and Polomoke, with the

property of the Virginia shores and itrandis, bordering on ei. ther of the said rivers, and al improvements, which have been, or mall be made thereon. The western and northern extent of Virginia Mall, in all other respects, iland, 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 Briiain and France, in the year one thousand seven hundred and fixty-three; unless by act of this Legislature, one or unore governments be established westward of the Alleghany mountains. And no purchases of lands frail be made of the Indian natives, but on behalf of the public by authority of the General Affembly,

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