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government, shall act as Lieutenant-Governor. Four Members fhall be fufficient to act, and their advice and proceedings fhall be entered on record, and figned by the Members prefent

(to any part whereof any Member may enter

his diffent), to be laid before the General Affembly, when called for by them. This Council may appoint their own Clerk, who fhall have a salary settled by law, and take an oath of fecrecy in fuch matters as he shall be directed by the Board to conceal. A fum of money appropriated to that purpose, fhall 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 Affembly. Two Members shall be removed by joint ballot of both Houfes of Affembly, at the end of every three years, and be ineligible for the three next years. These 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 Congress shall be chofen annually, or superfeded in the mean time by joint ballot of both Houses of Affembly.

The present militia officers fhall be continued,

nued, and vacancies fupplied by appointment of the Governor, with the advice of the PrivyCouncil, on recommendations from the respective county courts; but the Governor and Council fhall 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 actual fervice.

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.

The two Houses 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 Houses. Thefe officers fhall have fixed and adequate falaries, and, together with all others holding lucrative offices, and all Mini

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fters of the Gospel of every denomination, be incapable of being elected Members of either House of Affembly, or the Privy-Council,

The Governor, with the advice of the PrivyCouncil, fhall appoint Juftices of the Peace for the counties; and in cafe of vacancies, or a neceffity of increafing the number hereafter, such арpointments to be made upon the recommendation of the respective 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 shall be appointed, as before directed, and the Clerks by the refpective courts. The prefent and future Clerks fhall 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 refpective 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 the State, either by

mal

mal-adminiftration, corruption, or other means, by which the fafety of the State may be endangered, fhall be impeachable by the Houfe of Delegates; fuch 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 for ever disabled to hold any office under Government, or be removed from fuch office pro tempore, or fubjected to such pains or penalties as the law fhall direct.

If all or any of the Judges of the General Court should (on good grounds to be judged of by the House of Delegates) be accused of any of the crimes or offences abovementioned, 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 prefcribed in the preceding

clause.

Commiffions and grants fhall run, In the name of the Commonwealth of Virginia, and bear teft by the Governor, with the Seal of the Commonwealth annexed. Writs fhall run in the

fame

fame manner, and bear teft by the Clerks of the feveral courts. Indictments fhall conclude, Against the peace and dignity of the Commonwealth.

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 legislature may abolish, or otherwise provide for.

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 these Colonies refpectively, with all the rights of property, jurifdiction, 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 Pokomoke, with the property of the Virginia shores and strands bordering on either of the faid rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia fhall in all other respects stand as fixed by the charter of King James I. in the

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