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government, shall act as Lieutenant-Governor. Four Members shall be sufficient to act, and their advice and proceedings shall be entered on record, and signed by the Members present (to any part whereof any Member may enter his dissent), to be laid before the General Assembly, when called for by them. This Council may appoint their own Clerk, who shall have a salary settled by law, and take an oath of secrecy in such matters as he (hall be directed by the Board to conceal. A sum of money appropriated to that purpose, shall be divided annually among the Members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of sitting in, either House of Assembly. Two Members mall be removed by joint ballot of both Houses of Assembly, at the end of every three years, and 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.
The Delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the mean time by joint ballot of both Houses of Assembly.
The present militia officers shall be continued, nued, and vacancies supplied by appointment of the Governor, with the advice of the PrivyCouncil, on recommendations from the respective county courts; but the Governor and Council shall have a power of suspending any officer, and ordering a court-martial on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service. . . . •
The Governor may embody the militia, with the advice of the Privy-Council; and, when embodied, shall alone have the direction of the militia under the laws of the country.
The two Houses of Assembly shall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney-general, to be commissioned by the Governor, and continue in office during good behaviour. In cafe of death, incapacity, or resignation, the Governor, with the advice of the Privy-Council, shall appoint persons to succeed in office, to be approved or displaced by both Houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all Ministers sters of the Gospel of every denomination, be incapable of being elected Members of either House of Assembly, or the Privy-Council.
The Governor, with the advice of the PrivyCouncil, (hall appoint J ustices of the Peace for the counties; and incase of vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts. The present acting Secretary in Virginia, and Clerks of all the county courts, shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a Secretary shall be appointed, as before directed, and the Clerks by the respective courts. The present and future Clerks shall hold their offices during good behaviour, to be judged of and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective courts, approved by the Governor, with the advice of the Privy-Council, and commissioned by the Governor. The Justices shall appoint constables. and all fees of the aforesaid officers be regulated by law. »
The Governor, when he is out of office, and others offending against the State, either by
malmal-administration, corruption, or other means, by which the safety of the State may be endangered, mall be impeachable by the House of Delegates; such impeachment to be prosecuted by the Attorney-general, or such other person or persons as the House may appoint, in the General Court, according to the laws of the land. If found guilty, he or they shall be cither for ever disabled to hold any office under Government, or be removed from such office fro tempore, or subjected to such pains or penalties as the law shall direct.
If all or any of the Judges of the General Court should (on good grounds to be judged of by the House of Delegates) be accused of any of the crimes or offences abovementioned, such House of Delegates may in like manner impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as prescribed in the preceding clause.
Commissions and grants shall run, In the name of the Commonwealth of Virginia, and bear test by the Governor, with the Seal of the Commonwealth annexed. Writs shall run in the
fame manner, and bear test by the Clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the Commonwealth. ...
• A Treasurer mall be appointed annually, by joint ballot of both Houses.
All escheats, penalties, and forfeitures, heretofore going to the King, shall go to the Commonwealth, save only such as the legislature may abolish, or otherwise provide for.
The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South-Carolina, are hereby ceded, released, and forever confirmed to the people of these Colonies respectively, with all the rights of property, jurisdiction, and government, and all other rights whatsoever, which might at anytime heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia shores and strands bordering on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of King James I. in the year