ed or elected to any office of profit or truft, on making affir. mation inftead of taking the feveral oaths appointed by the conftitution and form of government, and the feveral acts of Affembly of this ftate now in force, or that hereafter may be made, fuch perfon may hold and exercife any office of profit or truft to which he may be appointed or elected, and may, by fuch affirmation, qualify himself to take a feat in the Legiflature, and to act therein as a member of the fame in all cafes whatever, or to be an elector of the Senate, in as full and ample a manner, as perfons are now competent and qua. lified to act who are not confcientiously fcrupulous of taking fuch oaths; and the feveral clauses and sections of the consti. tution contrary to the provifions of this act, fo far as they refpect either of the fects or focieties aforefaid, shall be repealed, on the confirmation hereof.-1794, C. 49, § 1, 3, confirmed by 1795, C. 11.

That all and every part of the conftitution and form of government relating to the judges, time, place, and 'manner of holding elections in the city of Baltimore, and all and every part of the fecond, third, fifth, fourteenth and fortyfecond fections of the conftitution and form of government of this ftate, which relate to the judges, place, time, and manner of holding the feveral elections for delegates, electors of the Senate, and Sheriffs of the feveral counties, be and the fame are hereby abrogated, repealed, and annulled, and the fame shall hereafter be regulated by law. Paffed 1798– Confirmed 1799.

The CONSTITUTION, or Form of Government, agreed to and refolved upon by the Delegates and Reprefentatives of the feveral Counties and Corporations of Virginia, in a General Convention held at Williamsburgh, on the 6th of May, and continued by adjournments to the 5th of July, 1776.

WE, the Delegates and Reprefentatives of the good

people of Virginia, do declare the future Form of Government of Virginia to be as followeth ;

The Legislative, Executive, and Judiciary Departments, hall be feparate and diftinct, fo that neither exercise the powers properly belonging to the other; nor fhall any perfon exercise the powers of more than one of them at the fame time, except that the Juftices of the County Courts fhall be eligible to either Houfe of Affembly.

The Legislative fhall be formed of two diftinct branches, who, together, fhall be a complete Legislature. They fhall meet once, or oftener, every year, and fhall be called, The General Affembly of Virginia. One of these shall be called, The Houfe of Delegates, and confift of two Reprefentatives, to be chofen for each county, and for the district of WestAugufta, annually, of fuch men as actually refide in, and are freeholders of the fame, or duly qualified, according to law, and alfo of one Delegate or Reprefentative, to be chofen annually for the city of Williamfburgh, and one for the borough of Norfolk, and a Reprefentative for each of such other cities and boroughs, as may hereafter be allowed particular reprefentation by the Legiflature; but when any city or borough fhall fo decreafe, as that the number of perfons, having right of fuffrage therein, fhall have been, for the fpace of feven years fucceffively, lefs than half the number of voters in fome one county in Virginia, fuch city or borough thenceforward fhall ceafe to fend a Delegate or Reprefentative to the Affembly.

The other fhall be called The Senate, and confift of twentyfour Members, of whom thirteen shall conftitute a Houfe to proceed on business; for whofe election, the different counties fhall be divided into twenty-four diftricts; and each county of the refpective district, at the time of the election of its Delegates, fhall vote for one Senator, who is actually a refident 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 fartheft, after the last county election in the district, shall meet at fome convenient place, and from the poll fo taken in their respective counties, return, as a Senator, the man who fhall have the greatest number of votes in the whole district. To keep up this Affembly by rotation, the districts shall be equally divided into four claffes and numbered by lot: the end of one year, after the general election, the fix Mem

At

bers, elected by the first divifion, fhall be difplaced, and the vacancies thereby occafioned, fupplied from fuch class or divi. fion, by new election, in the manner aforefaid. This rotation fhall be applied to each divifion, according to its number, and continued in due order annually.

The right of fuffrage in the election of Members for both Houses, fhall remain as exercised at prefent; and each House fhall choose its own Speaker, appoint its own officers, fettle its own rules of proceeding, and direct writs of election, for the fupplying intermediate vacancies.

All laws fhall originate in the Houfe of Delegates, to be approved of or rejected by the Senate, or to be amended, with confent of the Houfe of Delegates; except money bills, which in no inftance fhall be altered by the Senate, but wholly approved or rejected.

A Governor, or Chief Magiftrate, fhall be chofen annually by jint ballot of both Houses (to be taken in each Houfe refpectively) depofited in the conference room; the boxes examined jointly by a Committee of each House, and the numbers feverally reported to them, that the appointments may be entered (which fhall be the mode of taking the joint ballot of both Houses in all cafes) who shall not continue in that office longer than three years fucceffively, nor be eligible, until the expiration of four years after he fhall have been out of that office. An adequate, but moderate falary fhall be fettled on him, during his continuance in office; and he fhall, with the advice of a Council of state, exercife the executive powers of government, according to the laws of this commonwealth; and fhall not, under any pretence, exercife any power or prerogative, by virtue of any law, ftatute or cuftom of England. But he fhall, with the advice of the Council of State, have the power of granting reprieves or pardons, except where the profecution shall have been carried on by the Houfe of Delegates, or the law fhall otherwife particularly direct; in which cafes, no reprieve or pardon fhall be granted, but by refolve of the Houfe of Delegates.

Either Houfe of the General Affembly may adjourn them. felves refpectively, The Governor fhall not prorogue or adjourn the Affembly, during their fitting, nor diffolve them at any time; but he fhall, if neceffary, either by advice of

the Council of State, or on application of a majority of the Houfe of Delegates, call them before the time to which they fhall ftand prorogued or adjourned.

A Privy Council, or Council of State, confifting of eight members, fhall be chofen by joint ballot of both Houses of Affembly, either from their own members or the people at large, to affift in the adminiftration of government. They shall annually choose, out of their own members, a Prefident, who, in cafe of death, inability, or absence of the Governor from the government, fhall 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 falary fettled 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, appro priated to that purpose, shall be divided annually among the members, in proportion to their attendance; and they fhail be incapable, during their continuance in office, of fitting in either Houfe of Affembly. Two members fhall be removed, by joint ballot of both Houses of Affembly, at the end of every three years, and be ineligible for the three next years. Thefe 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 Congreís fhall be chofen annually, or fuperfeded in the mean time, by joint ballot of both Houfes of Affembly.

The prefent militia officers fhall be continued, and vacan. cies fupplied by appointment of the Governor, with the advice of the Privy Council, on recommendations from the refpective 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 fupply vacancies of officers, happening when in actual fervice.

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

The two Houfes of Affembly fhall, by joint ballot, ap. point 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 minifters of the gofpel, of every donomination, be incapable of being elected members of either Houfe of Affembly or the Privy Council.

The Governor, with the advice of the Privy Council, fhall appoint Juftices of the Peace for the counties; and in cafe of vacancies, or a neceffity of increafing the number hereafter, fuch appointments to be made upon the recommendation of the refpective 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 fhall 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 ftate, either by mal-adminiftration, corruption, or other means, by which the fafety of the state may be endangered, fhall be impeachable by the Houfe of Delegates. Such impeachment to be profecuted by the Attorney-General, or fuch other perfon or perfons as the House may appoint, in the General Court, according to the laws of the land, If found guilty, he or they fhall be either forever difabled to hold any office under government, or be removed from fuch office pro tempore, or fubjected to fuch pains or penalties, as the laws fhall direct.