IV. The other branch fhall be called, THE COUNCIL, and confift of nine Members; three to be chosen for each county at the time of the first election of the Affembly, who fhall be freeholders of the county for which they are chofen, and be upwards of twenty-five years of age. At the end of one year after the general election, the Councillor who had the smallest number of votes in each county fhall be difplaced, and the vacancies thereby occafioned fupplied by the freemen of each county choofing the fame or another perfon at a new election in manner aforefaid. At the end of two years after the first general election, the Councillor who stood fecond in number of votes in each county fhall be displaced, and the vacancies thereby occafioned fupplied by a new election in manner aforefaid. And at the end of three years from the first general election, the Councillor who had the greatest number of votes in each county fhall be difplaced, and the vacancies thereby occafioned supplied by a new election in manner aforefaid. And this rotation of a Councillor being displaced at the end of three years in each county, and his office fupplied by a new choice, shall be conti nued afterwards in due order annually for ever, whereby,

whereby, after the first general election, a Councillor will remain in truft for three years from the time of his being elected, and a

Councillor will be difplaced, and the fame or

another chofen in each

county at

at every

election.

V. The right of fuffrage in the election of Members for both Houfes fhall remain as exercifed by law at prefent; and each House shall choose its own Speaker, appoint its own officers, judge of the qualifications and elections of its own Members, fettle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies. They may also feverally expel any of their own Members for mifbehaviour, but not a fecond time in the fame feffions for the fame offence, if re-elected; and they shall have all other powers necessary for the legislature of a free and independent State.

VI. All money-bills for the fupport of Go vernment shall originate in the House of Af fembly, and may be altered, amended or rejected by the Legislative Council. All other bills and ordinances may take rife in the House of Affembly or Legiflative Council, and altered, amended or rejected by either.

may bc

VII. A Prefident or Chief Magistrate shall be chosen by joint ballot of both Houses, to be taken in the Houfe of Affembly, and the

box examined by the Speakers of each House in the prefence of the other Members; and in cafe the numbers for the two highest in votes fhould be equal, then the Speaker of the Council fhall have an additional casting voice, and the appointment of the perfon who has the majority of votes fhall be entered at large on the minutes and journals of each Houfe; and a copy thereof on parchment, certified and figned by the Speakers respectively, and sealed with the great feal of the State, which they are hereby authorised to affix, fhall be delivered to the perfon fo chofen Prefident, who fhall continue in that office three years, and until the fitting of the next General Affembly and no longer, nor be eligible until the expiration of three years after he fhall have been out of that office. An adequate but moderate falary shall be settled on him during his continuance in office. He may draw for such sums of money as fhall be appropriated by the General Affembly, and be accountable to them for the fame. He may, by and with the ad

vice

vice of the Privy-council, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recefs of the General Affembly. He shall have the power of granting pardons or reprieves, except where the profecution fhall be carried on by the House of Affembly, or the law shall otherwise direct; in which cafes no pardon or reprieve fhall be granted, but by a refolve of the House of Affembly; and may exercise all the other executive powers of government, limited and restrained as by this Conftitution is mentioned, and according to the laws of the State. And on his death, inability, or ab-. fence from the State, the Speaker of the Legiflative Council for the time being shall be Viceprefident; and in case of his death, inability, or absence from the State, the Speaker of the House of Affembly fhall have the powers of a Prefident, until a new nomination is made by the General Affembly.

VIII. A Privy-council confifting of four Members shall be chosen by ballot, two by the Legislative Council, and two by the House of Affembly provided, that no regular officer of the army or navy in the service and pay of the Continent, or of this or of any other State,

fhall

shall be eligible. And a Member of the Legiflative Council or of the House of Assembly being chofen of the Privy-council, and accepting thereof, fhall thereby lose his feat. Three Members shall be a Quorum, and their advice and proceedings fhall be entered on record, and figned by the Members present, (to any part of which any Member may enter his dif fent) to be laid before the General Affembly, when called for by them. Two Members shall be removed by ballot, one by the Legislative Council, and one by the House of Affembly, at the end of two years, and those who remain the next year after, who shall severally be ineligible for the three next years. Thefe vacancies, as well as thofe occafioned by death or incapacity, shall be supplied by new elections in the fame manner. And this rotation of a Privy-councillor fhall be continued afterwards in due order annually forever. The Prefident may by fummons convene the Privy-council at any time when the public exigencies may require, and at fuch place as he fhall think moft convenient, when and where they are to attend accordingly.

IX. The Prefident, with the advice and confent of the Privy-council, may embody the

the