fied, and for what

places

chosen.

members folk, and a Representative for each of such other cities how quali- and boroughs as may hereafter be allowed particular representation by the Legislature; but when any city or borough shall so decrease, as that the number of persons having right of suffrage therein shall have been for the space of seven years successively less than half the numcorporati ber of voters in some one county in Virginia, such city or borough thenceforward shall cease to send a Delegate or Representative to the Assembly.

When a

on's right

to representation shall

cease.

Of what

number of

members the other,

called the Senate, shall consist, and how they

shall be chosen.

Each

house may

choose its Speaker & officers, & issue writs

VI. 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 whose election the different counties shall be divided into twenty-four/ districts, and each county of the respective district, at the time of the election of its Delegates, shall vote for one Senator, who is actually a resident and freeholder within the district, or duly qualified according to law, and is upwards of twenty-five years of age; and the sheriffs of each county, within five days at farthest after the last county election in the district, shall meet at some convenient place, and, from the poll so taken in their respective counties, return as a Senator the man who shall have the greatest number of votes in the 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 six members, elected by the first division, shall be displaced, and the vacancies thereby occasioned supplied from such class or division, by new election, in the manner aforesaid. This rotation shall be applied to each division, according to its number, and continued in due order annually.

VII. That the right of suffrage in the election of members of both Houses shall remain as exercised at prefor supply sent, and each House shall choose its own Speaker, appoint its own officers, settle its own rules of proceeding, Laws shall and direct writs of election for supplying intermediate originate

ing vacan

cies.

in the

House of Delegates, but, if not money bills, amnendable by the Senate.

vacancies.

VIII. All laws shall originate in the house of Delegates, to be approved or rejected by the Senate, or to be amended with the consent of the House of Delegates, except money bills, which in no instance shall be altered by the Senate, but wholly approved or rejected.

how cho

sen; me

in this and

powers;

or pardons

IX. A GOVERNOR, or Chief Magistrate, shall be Governor, chosen annually, by joint ballot of both Houses, to be taken in each House respectively, deposited in the confer- thod of ence room; the boxes examined jointly by a Committee balloting of each House; and the numbers severally reported to other them, that the appointments may be entered (which shall cases; his be the mode of taking the joint ballot of both Houses in salary and all cases) who shall not continue in that office longer than restrained three years successively, nor be eligible until the expira- from tion of four years after he shall have been out of that office. granting An adequate, but moderate salary, shall be settled on him reprieves 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 shall not, under any pretence, exercise any power or prerogative by virtue of any law, statute, or custom of England: but he shall, with the advice of the 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 shall be granted, but by resolve of the House of Delegates.

in certain

cases.

voke the

X. Either House of the General Assembly may ad- When he journ themselves respectively. The Governor shall not may conprorogue or adjourn the Assembly during their sitting, General nor dissolve them at any time; but he shall, if necessary, Assembly, 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 shall stand prorogued or adjourned.

number

duty,

power, and time

of continu

ance in of

XI. A Privy Council or Council of State, consisting Privy of eight members, shall be chosen by joint ballot of both Council, Houses of assembly, either from their own members or of: their the people at large, to assist in the administration of government. They shall annually choose out of their own members a President, who, in case of the death, inability, or necessary absence of the Governor from the government, shall act as Lieutenant Governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered of record, and signed by the members present (to any part whereof any member may enter his dissent) to be laid before the General Assembly, when called for by them. This Council may appoint their own

fice.

Delegates to Congress, how chosen.

Military regula

tions.

clerk, who shall have a salary settled by law, and take an oath of secrecy in such matters as he shall be directed by the Board to conceal. A sum of money appropriated to that purpose shall be divided annually among the mem⚫bers in proportion to their attendance; and they shall be incapable during their continuance in office, of sitting in either House of Assembly. Two members shall be removed, by joint ballot of both Houses of Assembly, 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 same manner.

Courts of Appeals, General, of Equity, and Admiralty, judg es of; Secretary

XII. The Delegates for Virginia to the Continental Congress shall be chosen annually, or superceded in the mean time by joint ballot of both Houses of Assembly.

XIII. The present militia officers shall be continued, and vacancies supplied by appointment of the Governor, with the advice of the Privy Council, or recommendations from the respective County Courts; but the Governor 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 may 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.

XIV. 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 Admiralty, Secretary, and the Attorney General, to be commissioned by the Governor, and continue in office during good behaviour. In case of death, incapacity, or resignation, 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 salaries of; have fixed and adequate salaries; and, together with all others holding lucrative offices, and all Ministers of the others, Gospel of every denomination, be incapable of being from elected members of either House of Assembly, or the the Legislative and Privy Council.

and Attor ney General, how appointed,

excluded

with some

Executive.

Counties,

XV. The Governor, with the advice of the Privy Justices Council, shall appoint Justices of the Peace for the coun

appoint

case commend

sheriffs

and cor

oners to be commis

ties; and in case of vacancies, or a necessity of increasing of, how the number hereafter, such appointments to be made up- ed; shall on the recommendation of the respective County Courts. nominate The present acting Secretary in Virginia, and Clerks of their all the County courts, shall continue in office. In clerks, reof 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 shall hold their offices during good behaviour, to be judged of and determined in the General Court. The Sheriff's and Coroners shall be nominated by the respective appoint courts, approved by the Governor, with the advice of the constaPrivy Council, and commissioned by the Governor. The bles. Justices shall appoint Constables, and all fees of the aforesaid officers to be regulated by law.

sioned by

Executive; and

XVI. The Governor, when he is out of office, and Impeachothers offending against the state, either by mal-adininis- ments. tration, corruption, or other means by which the safety of the state may be endangered, shall 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 removed from such office pro tempore, or subjected to such pains or penalties as the law shall di

rect.

XVII. If all, or any of the Judges of the General Court, shall, on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offences beforementioned, such House of Delegates may, in like manner, impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause.

Commis

writs,

XVIII. Commissions and grants shall run In the name sions, of the COMMONWEALTH of VIRGINIA, and bear teste by grants and the Governor, with the seal of the Commonwealth an- stile, and nexed. Writs shall run in the same manner, and bear teste of. teste by the clerks of the several courts. Indictments ments, shall conclude, Against the peace and dignity of the Com- conclusion monwealth.

Indict

of.

Treasurer.

Escheats,

penalties,

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

XX. All escheats, penalties, and forfeitures, heretofore forfeitures. going to the King, shall go to the Commonwealth, save only such as the Legislature may abolish, or otherwise provide for.

Territorial

limits: ces sion to co states: fu

terminous

ture governments west of

Mount Allegheny, how to be established.

XXI. The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the people of those 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 Potowmac and Pohomoke, with the property of the Virginia shores or 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 shall, in all other respects, stand as fixed by the charter of King James the first, in the year one thousand six hundred and nine, and by the public treaty of peace between the Courts of Great-Britain and France, in the year one thousand seven hundred and sixty-three; unless, by act of Legislature, one or more territories shall hereafter be laid off, and governments established westward of the Alleghany mountains. And no purchase of lands shall be made of for repub- the Indian natives but on behalf of the public, by authority of the General Assembly.

No purchases from Indian natives, but

lic.

XXII. In order to introduce this government, the representatives of the people met in Convention shall choose a Governor and Privy Council, also such other officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate to be first chosen by the people, to continue until the last day of March next, and the other officers until the end of the succeeding session of Assembly. In case of vacancies, the Speaker of either House shall issue writs for new elections.