XVII. That the electors of fenators fhall judge of the qualifications and elections of members of their body, and on a contested election fhall admit to a feat, as an elector, fuch qualified perion as fhall appear to them to have the greatest number of legal votes in his favour.

XVIII. That the electors immediately on their meeting, and be fore they proceed to the election of fenators, take fuch oath of fupport and fidelity to this State, as this Convention or the leg flature shall direct; and also an oath, "to elect, without favour, affection, partiality or prejudice, fuch perfons for fenators as they, in their judgment and confcience, believe beft qualified for the office."

XIX. That in case of refufal, death, refignation, difqualification, or removal out of this State, of any fenator, or on his becoming governor, or a member of the council, the fenate shall immediately thereupon, or at their next meeting thereafter, elect by ballot, in the fame manner as the electors are above directed to chufe fenators, another person in his place for the refidue of the said term of five years.

XX. That not lefs than a majority of the fenate, with their prefident (to be chofen by them by ballot) fhall conftitute an House for the transacting any bufinefs, other than that of adjourning.

XXI. That the fenate fhall judge of the elections and qualifications of fenators.

XXII. That the fenate may originate any other except money bills, to which their affent or diffent only shall be given; and may receive any other bills from the Houfe of Delegates, and affent, diffent or propofe amendments.

XXIII. That the General Affembly meet annually, on the first Monday of November, and if neceffary oftener.

XXIV. That each House shall appoint its own officers, and settle its own rules of proceeding.

XXV. That a perfon of wisdom, experience and virtue, shall be chofen governor, on the fecond Monday of November, feventeen hundred and seventy-feven, and on the fecond Monday in every year for ever thereafter, by the joint ballot of both Houfes, to be taken in each House refpectively, depofited in a conference-room; the boxes to be examined by a joint committee of both Houses, and the numbers feverally reported, that the appointment may be entered; which mode of taking the joint ballot of both Houses shall be adopted in all cafes. But if two or more fhall have an equal VOL. III.

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number of ballots in their favour, by which the choice fhall not be determined on the first ballot, then a second ballot shall be taken, which fhall be confined to the perfons who on the first ballot shall have had an equal number; and if the ballots fhould again be equal between two or more persons, then the election of the gover nor fhall be determined by lot, between those who have equal numbers; and if the perfon chofen governor fhall die, refign, remove out of the State, or refuse to act (fitting the General Affembly) the Senate and House of Delegates shall immediately thereupon proceed to a new choice in manner aforesaid.

XXVI. That the fenators and delegates, on the second Tuesday of November, one thousand feven hundred and feventy-feven, and annually on the fecond Tuesday of November for ever thereafter, elect by joint ballot, in the fame manner as fenators are directed to be chofen, five of the most fenfible, difcreet and experienced men, above twenty-five years of age, refidents in the State above three years next preceding the election, and having therein a freehold of lands and tenements above the value of one thousand pounds current money, to be the council to the governor; whofe proceedings fhall be always entered on record, to any part whereof any member may enter his diffent; and their advice, if fo required by the governor or any member of the council, fhall be given in writing, and figned by the members giving the fame respectively; which proceedings of the council fhall be laid before the Senate or House of Delegates, when called for by them, or either of them. The council may ap point their own clerk, who fhall take fuch oath of support and fidelity to this State as this Convention or the legislature shall direct, and of fecrecy, in fuch matters as he shall be directed by the Board to keep fecret.

XXVII. That the delegates to Congrefs from this State shall be chofen annually, or fuperfeded in the mean time by the joint ballot of both Houses of Affembly, and that there be a rotation in such manner that at least two of the number be annually changed; and no perfon fhall be capable of being a delegate to Congrefs for more than three in any term of fix years; and no person who holds any office of profit in the gift of Congrefs fhall be eligible to fit in Congrefs, but if appointed to any fuch office his feat fhall be thereby vacated. That no perfon, unlefs above twenty-one years of age, and a refident in the State more than five years next preceding the. election, and having real and perfonal estate in this State above the

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value of one thousand pounds current money, fhall be eligible to fit in Congrefs.

XXVIII. That the fenators and delegates, immediately on their annual meeting, and before they proceed to any bufinefs, and every perfon hereafter elected a senator or delegate, before he acts as such, shall take an oath of support and fidelity to this state as aforefaid♣ and before the election of a governor, or member of the council, fhall take an oath, "to elect without favour, affection, partiality or prejudice, fuch perlon as governor, or member of the council, as they in their judgment and confcience believe beft qualified for the

office."

XXIX. That the fenate and delegates may adjourn themselves respectively but if the two Houses fhould not agree on the faine time, but adjourn to different days, then fhall the governor appoint and notify one of those days, or fome day between, and the Affembly shall then meet and be held accordingly; and he fhall, if neceffary, by advice of the council, call them before the time to which they fhall in any manner be adjourned, on giving not less than ten days notice thereof; but the governor fhall not adjourn the Affembly otherwife than as aforefaid, nor prorogue or diflolve it at any time.

XXX. That no perion, unlefs above twenty-five years of age, a refident in this State above five years next preceding the election, and having in the State rea! and perfonal property above the value of five thousand pounds current money, one thousand pounds whereof at least to be freehold estate, shall be eligible as governor.

XXXI. That the governor fhall not continue in that office longer than three years fucceffively, nor be eligible as governor until the expiration of four years after he shall have been out of that office.

XXXII. That upon the death, refignation, or removal out of this State, of the governor, the first named of the council, for the time being, fhall act as governor, and qualify in the fame manner; and shall immediately call a meeting of the General Affembly, giving not less than fourteen days notice of the meeting, at which meeting a governor shall be appointed, in manner aforefaid, for the refidue of the year.

XXXIII. That the governor, by and with the advice and confent of the council, may embody the militia, and when embodied fhal alone have the direction thereof, and shall also have the direction of all the regular land and fea forces under the laws of this State; but he fhall not command in perfon, unless advised thereto by the council,

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council, and then only fo long as they fhall approve thereof; and may alone exercife all other the executive powers of government, where the concurrence of the council is not required, according to the laws of this State; and grant reprieves or pardons for any crime, except in fuch cafes where the law fhall otherwile direct; and may, during the recets of the General Affembly, lay embargoes to prevent the departure of any fhipping, or the exportation of any commodi.ies, for any time not exceeding thirty days in any one year, fummoning the General Affembly to meet within the time of the continuance of fuch embargo; and may also order and compel any veffel to ride quarantine, if fuch veffel, or the port from which she may have come, fhall, on ftrong grounds, be fufpected to be infected with the plague; but the governor fhall not, on any pretence, excrcife any power or prerogative by virtue of any law, ftatute or custom, of England or Great-Britain.

XXXIV. That the members of the council, or any three or more of them, when convened, fhall conftitute a Board for the tranfacting of business. That the governor for the time being fall prefide in the council, and be entitled to a vote on all questions in which the council fhall be divided in opinion; and in the absence of the gover nor, the first named of the council fhall prefide, and as fuch fhall alfo vote in all cafes where the other members difagree in their opinion.

XXXV. That in case of refufal, death, refignation, disqualification, or removal out of the State, of any person chosen a member of the council, the members thereof, immediately thereupon, or at their next meeting thereafter, fhall elect, by ballot, another perfon qualified as aforefaid, in his pace, for the refidue of the year.

XXXVI. That the council fhall have power to make the great seal of this State, which fhall be kept by the chancellor for the time being, and affixed to all laws, commiffions, grants and other public teftimonials, as has been heretofore practifed in this State.

XXXVII. That no fenator, delegate of Affembly, or member of the council, if he fhall qualify as fuch, fhall hold or execute any office of profit, or receive the profits of any office exercised by any other perfon, during the time for which he shall be elected; nor fhall any governor be capable of holding any other office of profit in this State, while he acts as fuch; and no perfon holding a place of profit, or receiving any part of the profits thereof, or receiving the profits, or any part of the profits, arifing on any agency for the fup

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ply of cloathing or provifions for the army or navy, or holding any office under the United States, or any of them, or a minifter or preacher of the gofpel of any denomination, or any person employed in the regular land fervice, or marine, of this or the United States, fhall have a feat in the General Affembly, or the council of this State.

XXXVIII. That every governor, fenator, delegate to Congress or Affembly, and member of the council, before he acts as fuch, shall take an oath," That he will not receive, directly or indirectly, at any time, any part of the profits of any office held by any other perfon during his acting in his office of governor, fenator, delegate to Congress or Affembly, or member of the council, or the profits, or any part of the profits, arifing on any agency for the supply of cloathing or provifions for the army or navy."

XXXIX. That if any fenator, delegate to Congrefs or Affembly, or member of the council, fhall hold or execute any office of profit, or receive, directly or indirectly, at any time, the profits, or any part of the profits, of any office exercised by any other perfon, during his acting as fenator, delegate to Congreis or Affembly, or member of the council, his feat, on conviction in a court of law, by the oath of two credible witneffes, fhall be void, and he shall fuffer the pu nishment for wilful and corrupt perjury, or be banished this State for ever, or difqualified for ever from holding any office or place of truft or profit, as the court may judge.

XL. That the chancellor, all judges, the attorney-general, clerks of the General Court, the clerks of the county courts, the regifters of the land office, and registers of wills, fhall hold their commitlions during good behaviour, removeable only for misbehaviour, on conviction in a court of law.

XLI. That there be a register of wills appointed for each county, who fhall be commiffioned by the governor, on the joint recommendation of the Senate and Houfe of Delegates; and that upon the death, refignation, difqualification, or removal out of the county, by any register of wills, in the recefs of the General Affembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper perfon to fuch vacant office, to hold the fame until the meeting of the General Affembly.

XLII. That sheriffs fhall be elected in each county, by ballot, every third year, that is to say, two perfons for the office of theriff for each county, the one of whom having the majority of votes, or