death, refignation, difqualification, or regular deprivation. A majority of their actual number, and not fewer, fhall be a quorum.→→ They fhall be allowed for the prefent each by the year, paya

ble quarterly out of any money which fhall be in the public treafúry. Their falary however may be increased or abated from time to time, at the difcretion of the legislature; provided such increase or abatement fhall not, by any ways or means, be made to affect either then, or at any future time, any one of those then actually in office. At the end of each quarter their salary shall be divided into equal portions, by the number of days on which, during that quar ter, a council has been held, or required by the governor, or by their own adjournment, and one of those portions fhall be withheld from each member for every of the faid days which, without cause allow ́ ed good by the board, he failed to attend, or departed before adjournment without their leave. If no board should have been held during that quarter, there fhall be no deduction.

They fhall annually choose a Prefident, who fhall prefide in council in the abfence of the governor, and who, in case of his office becom ing vacant by death or otherwise, fhall have authority to exercise all his functions, till a new appointment be made, as he fhall alfo in any interval during which the governor fhall declare himself unable to attend to the duties of his office.

The Judciary powers fhall be exercised by county courts and fuch other inferior courts as the legislature shall think proper to continue or to erect, by three fuperior courts, to wit, a court of admiralty, a general court of common law, and a high court of chancery, and by one fupreme court, to be called the court of appeals.

The judges of the high court of chancery, general court, and court of admiralty, fhall be four in number, each to be appointed by joint ballot of both houfes of affembly, and to hold their offices during good behaviour. While they continue judges, they shall hold no other office or emolument, under this state, or any other state or power whatsoever, except that they may be delegated to congref receiving no additional allowance.

Thefe judges, affembled together fhall constitute the court of ap peals, whose business shall be to receive and determine appeals from the three fuperior courts but to receive no original causes, except in the cafes exprefsly permitted herein.

A majority of the members of either of these courts and not few. er, shall be a quorum. But in the court of appeals nine members fhall be neceffary to do bufinefs. Any fmaller numbers however may be authorised by the legislature to adjourn their respective

courts.

each by the

They fhall be allowed for the prefent year, payable quarterly out of any money which shall be in the public treafury. Their falaries however may be increased or abated, from time to time, at the difcretion of the legislature, provided fuch increase or abatement fhall not, by any ways or means, be made to affect, either then, or at any future time, any one of thofe then actually in office. At the end of each quarter their falary fhall be divided into equal portions by the number of days on which, during that quarter, their respective courts fat, or should have fat, and one of these portions fhall be withheld from each member for every of the faid days, which, without cause allowed good by his court, he failed to attend, or departed before adjournment without their leave. If no court fhould have been held during the quarter, there fhall be no deduction.

There shall moreover be a Court of Impeachments to confist of three members of the council of state, one of each of the fuperior courts of chancery, common law, and admiralty, two members of the house of delegates and one of the fenate, to be chosen by the body refpectively of which they are. Before this court any member of the three branches of government, that is to fay, the govern or, any member of the council, of the two houses of legislature, or of the fuperior courts, may be impeached by the governor, the council, or either of the faid houses or courts, and by no other, for fuch misbehaviour in office as would be fufficient to remove him therefrom: and the only fentence they fhall have authority to pafs

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fhall be that of deprivation and future incapacity of office. members shall be requifite to make a court, and two thirds of those prefent must concur in the fentence. The offences cognizable by this court fhall be cognizable by no other, and they shall be triers of the fact as well as judges of the law.

The juftices or judges of the inferior courts already erected, or hereafter to be erected, fhall be appointed by the governor, on advice of the council of ftate, and shall hold their offices during good behaviour, or the existence of their court. For breach of the good behaviour, they fhall be tried according to the laws of the land, before the court of appeals, who shall be judges of the fact as well as of the law. The only fentence they shall have authority to pass, fhall be that of deprivation and future incapacity of office, and two thirds of the members present must concur in this fentence.

All courts fhall appoint their own clerks, who fhall hold their offices during good behaviour, or the existence of their court: they shall also appoint all other their attending officers to continue during their pleasure. Clerks appointed by the fupreme or the fuperior courts fhall be removeable by their respective courts. Thofe to be appointed by other courts fhall have been previously examined, and certified to be duly qualified, by some two members of the general court, and shall be removeable for breach of the good be haviour by the court of appeals only, who shall be judges of the fact as well as of the law. Two thirds of the members present must concur in the fentence.

The juftices or judges of the inferior courts may be members of the legislature.

The judgment of no inferior court shall be final in any civil cafe, of greater value than 50 bushels of wheat, as last rated in the general court for fettling the allowance to the members of the general affembly, nor in any case of treason, felony, or other crime which fhould fubject the party to infamous punishment.

In all cafes depending before any court, other than those of impeachments, of appeals, and military courts, facts put in iffue fhall

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be tried by jury, and in all courts whatever witneffes fhall give tefti mony viva voce in open court, wherever their attendance can be procured and all parties fhall be allowed counfel and compulfory procefs for their witneffes.

Fines, amercements, and terms of imprisonment left indefinite by the law, other than for contempts, fhall be fixed by the jury, triers of the offence..

The governor, two councillors of ftate, and a judge from each of the superior courts of chancery, common law, and admiralty, shall be a council to revife all bills which fhall have paffed both houses of affembly, in which council the governor, when prefent, shall preside. Every bill before it becomes a law, fhall be prefented to this council, who shall have a right to advise its rejection, returning the bill, with their advice and reasons in writing, to the house in which it originated, who fhall proceed to reconfider the faid bill. But if after fuch reconfideration, two thirds of the houfe fhall be of opinion the bill fhould pafs finally, they fhall pafs and fend it, with the advice and written reafons of the faid council of revifion to the other houfe, wherein, if two thirds alfo fhall be of opinion it fhould pafs finally, it fhall thereupon become law: otherwife it fhall not.

If any bill, prefented to the faid council, be not, within one week (exclufive of the day of prefenting it) returned by them, with their advice of rejection and reafons, to the houfe wherein it originated, or to the clerk of the faid houfe, in cafe of its adjournment over the expiration of the week, it fhall be law from the expiration of the week, and shall then be demandable by the clerk of the houfe of delegates, to be filed of record in his office.

The bills which they approve fhall become law from the time of fuch approbation, and fhall then be returned to, or demandable by, the clerk of the house of delegates, to be filed of record in his office.

A bill rejected on advice of the council of revifion, may again be propofed, during the same feffion of affembly, with fuch alterations as will render it comformable to their advice.

The members of the faid council of revifion fhall be appointed

From time to time by the board or court of which they refpectively are. Two of the executive and two of the judiciary members shall be requifite to do business: and to prevent the evils of non-attendance, the board and courts may, at any time name all, or fo many as they will, of their members, in the particular order in which they would choose the duty of attendance to devolve from preceding to subsequent members, the preceding failing to attend. They shall have additionally for their fervices in this council the fame allowance as members of affembly have.

The confederation is made a part of this conftitution, subject to fuch future alterations as fhall be agreed to by the legislature of this ftate, and by all the other confederating states.

The delegates to congrefs fhall be five in number; any three of whom, and no fewer, may be a reprefentation. They fhall be appointed by joint ballot of both houses of assembly for any term not -exceeding one year, fubject to be recalled, within the term by joint vote of both the faid houses. They may at the fame time be members of the legislative or judiciary departments, but not of the executive.

The benefits of the writ of Habeas Corpus fhall be extended, by the legislature, to every person within this ftate, and without fee, and fhall be fo facilitated that no perfon may be detained in prifon more than ten days after he fhall have demanded and been refused fuch writ by the judge appointed by law, or if none be appointed, then by any judge of a fuperior court, nor more than ten days after fuch a writ fhall have been ferved on the perfon detaining him, and no order given, on due examination, for his remandment or discharge. The military shall be fubordinate to the civil power, Printing-preffes fhall be subject to no other restraint than liablenefs to legal profecution for falfe facts printed and published.

Any two of the three branches of government concurring in opinion, each by the voices of two thirds of their whole exifting number, that a convention is neceffary for altering this conftitution, or correcting breaches of it, they fhall be authorised to iffue writs to