Page images

VII. A President or Chief Magistrate shall be chosen by joint ballot of both Houses, to be taken in the House of Assembly, and the box examined by the Speakers of each House in the presence of the other Members; and in cafe the numbers for the two highest in votes should be equal, then the Speaker of the Council shall have an additional casting voice, and the appointment of the person who has the majority of votes shall be entered at large on the minutes and journals of each House; and a copy thereof on parchment, certified and signed by the Speakers respectively, and sealed with the great seal of the State, which they are hereby authorised to affix, shall be delivered to the person so chosen President, who shall continue in that office three years, and until the sitting of the next General Assembly and no longer, nor be eligible until the expiration of three years after he shall have been out of that office. An adequate but moderate salary shall be settled on him .during his continuance in office. He may draw for such sums of money as shall be appropriated by the General Assembly, and be accountable to them for the same. He may, by and with the ad■ -T"•/ vice vice of the Privy-council, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the General Assembly. He shall have the power of granting pardons or reprieves, except where the prosecution shall be carried on by the House of Assembly, or the law shall otherwise direct ; in which cases no pardon or reprieve shall be granted, but by a resolve or the House of Assembly; and may exercise all the other executive powers of government, limited and restrained as by this Constitution is mentioned, and according to the laws of the State. And on his death, inability, or absence from the State, the Speaker of the Legislative Council for the time being shall be Vicepresident; and in case of his death, inability, or absence from the State, the Speaker of the House of Assembly shall have the powers of a President, until a new nomination is made by the General Assembly.

VIII. A Privy-council consisting of four Members shall be chosen by ballot, two by the Legislative Council, and two by the House of Assembly: 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,

shall shall be eligible. And a Member of the Legislative Council or of the House of Assembly. being chosen of the Privy-council, and accepting thereof, shall thereby lose his feat. Three Members shall be a Quorum, and their advice and proceedings shall be entered on record, and signed by the Members present, ^to any part of which any Member may enter his dissent) to be laid before the General Assembly, when called for by them. Two Members shall be removed by ballot, one by the Legislative Council, and one by the House of Assembly, at the end of two years, and those who remain the next year after, who shall severally be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections in the same manner. And this rotation of a Privy-councillor shall be continued afterwards in due order annually forever. The President may by summons convene the Privy-council at any time when the public exigencies may require, and at such place as he shall think most convenient, when and where they are to attend accordingly.

IX. The President, with the advice and consent of the Privy-council, may embody the


the militia, and act as Captain-general and Commander in Chief of them, and the other military force of this State, under the laws of the same.

X. Either House of the General Assembly may adjourn themselves respectively. The President shall not prorogue, adjourn, or dissolve the General Assembly; but he may, with the advice of the Privy-council, or on the application of a majority of either House, call them before the time to which they shall stand adjourned; and the two Houses shall always sit at the same time and place; for which purpose, immediately after eveiy adjournment, the Speaker of the House of Assembly shall give notice to the Speaker of the other House of the time to which the House of Assembly

stands adjourned.

XI. The Delegates for Delaware to the Congress of the United States of America, shall be chosen annually, or superseded in the mean time, by joint ballot of both Houses in the General Assembly.

XII. The President and General Assembly shall by joint ballot appoint three Justices of the Supreme Court for the State, one of whom shall be Chief Justice and a Judge of Admiralty;

and and also sourjustices of the Courts of Common* Pleas and Orphans Courts for each county, one of whom in each Court shall be stiled Chief Justice (and in cafe of division on the ballot, the Fresident mall have an additional casting voice), to be commissioned by the President under the great seal, who shall continue in office during good behaviour; and during the time the Justices of the said Supreme Court and Courts of Common-Pleas remain in office, they shall hold none other except in the militia. Any one of thejustices of either of said Courts shall have power, in case of the non-coming of his brethren, to open and adjourn the Court. An adequate, fixed, but moderate salary mall be settled on them during their continuance in office. The President and Privycouncil shall appoint the Secretary; the Attorney General ; Registers for the Probate of Wills, and granting letters of administration; Registers in Chancery; Clerks of the Courts of Common-Pleas and Orphans Courts and Clerks of the Peace; who shall be commissioned as aforesaid, and remain in office during five years, if they behave themselves well, during which time the said Registers in Chancery and Clerks


« PreviousContinue »