the persons who on the first ballot shall have had an equal number; and they who shall have the greatest number in their favor on the second ballot, shall be accordingly declared and returned duly elected; and if the whole number should not thus be made up, because of an equal number on the second ballot still being in favor of two or more persons, then the election shall be determined by lot between those who have equal numbers; which proceedings of the electors shall be certified under their hands, and returned to the Chancellor for the time being.

XVII. That the electors of senators shall judge of the qualifications and elections of members of their body; and on a contested election, shall admit to a seat, as an elector, such qualified person as shall appear to them to have the greatest number of legal votes in his favor.

XVIII. That the electors, immediately on their meeting, and before they proceed to the election of senators, take such oath of support and fidelity to this State as this Convention or the Legislature shall direct, and also an oath "to elect without favor, affection, partiality, or prejudice, such persons for senators as they in their judgment and conscience believe best qualified for the office."

XIX. That, in case of refusal, death, resignation, disqualification, or removal out of this State of any senator, or on his becoming Governor, or a member of the Council, the Senate shall, immediately thereupon, or at their next meeting thereafter, elect by ballot (in the same manner as the electors are above directed to choose senators) another in his place, for the residue of the said term of five years.

XX. That not less than the majority of the Senate, with their president, (to be chosen by them by ballot,) shall constitute a house for the transacting any business other than that of adjourning.

XXI. That the Senate shall judge of the elections and qualification of senators.

XXII. That the Senate may originate any other, except moneybills, to which their assent or dissent only shall be given and may receive any other bills from the House of Delegates, and assent, dissent, or propose amendments.

XXIII. That the General Assembly meet annually, (see Art. 17, above.) and if necessary, oftener.

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

XXV. That a person of wisdom, experience, and virtue shall be chosen Governor, by the joint ballot of both houses, (to be taken in each house respectively,) deposited in a conference room, the boxes to be examined by a joint committee of both houses, and the numbers severally reported, that the appointment may be entered; which mode of taking the joint ballot of both houses shall be adopted in all cases. But if two or more shall have an equal number of ballots in their favor, by which the choice shall not be determined on the first ballot, then a second ballot shall be taken, which shall be confined to the persons who on the first ballot shall have an equal num

ber; and if the ballots should again be equal between two or more persons, then the election of the Governor shall be determined by lot between those who have equal numbers; and if the person chosen Governor shall die, resign, remove out of the State, or refuse to act, (sitting the General Assemble,) the Senate and House of Delegates shall immediately thereupon proceed to a new choice, in manner aforesaid.

XXVI. That the senators and delegates elect by joint ballot (in the same manner as senators are directed to be chosen) five of the most sensible, discreet, and experienced men, above twenty-five years of age, residents in the State above three years next preceding the election, to be the Council to the Governor, whose proceedings shall be always entered on record, to any part whereof any member may enter his dissent; and their advice, if so required by the Governor, or any member of the Council, shall be given in writing, and signed by the members giving the same respectively; which proceedings of the Council shall be laid before the Senate or House of Delegates, when called for by them or either of them. The Council may appoint their own clerk, who shall take such oath of support and fidelity to this State, as this Convention or the Legislature shall direct; and of secrecy, in such matters as he shall be directed by the Board to keep secret.

XXVIII. That the senators and delegates, immediately on their annual meeting, and before they proceed to any business, and every person hereafter elected a senator or delegate, before he acts as such, shall take an oath of support and fidelity to this State, as aforesaid; and before the election of a Governor, or members of the Council, shall take an oath, "to elect without favor, affection, partiality, or prejudice, such person as Governor, or member of the Council, as they, in their judgment and conscience, believe best qualified for the office."

XXIX. That the Senate and Delegates may adjourn themselves respectively; but if the two houses shall not agree on the same time, but adjourn to different days, then shall the Governor appoint and notify one of those days, or some day between; and the Assembly shall then meet and be held accordingly: and he shall, if necessary, by advice of the Council, call them before the time to which they shall in any manner be adjourned, on giving not less than ten days' notice thereof: but the Governor shall not adjourn the Assembly, otherwise than as aforesaid, nor prorogue nor dissolve it at any time.

and

XXX. That no person, unless above twenty-five years of age, a resident in this State above five years next preceding the election, shall be eligible as Governor.

XXXI. That the Governor shall not continue in that office longer than three years successively, 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, resignation, or removal out of this State of the Governor the first named of the Council, for the time

being, shall act as Governor, and qualify in the same manner the General Assembly, at which meeting, a Governor shall be appointed, in manner aforesaid, for the residue of the year.

XXXIII. That the Governor, by and with the advice and consent of the Council, may embody the militia; and, when embodied. shall alone have the direction thereof; and shall also have the direction of all the regular land and sea forces, under the laws of this State, (but he shall not command in person, unless advised thereto by the Council, and then only so long as they shall approve thereof) and may alone exercise all other the executive powers of gov ernment, 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 such cases where the law shall otherwise direct; and may also order and compel any vessel to ride quarantine, if such vessel, or the port from which she shall have come. shall, on strong grounds, be suspected to be infected with the plague; but the Governor shall not, under any pretence, exercise any power or prerogative, by virtue of any law, statute, or custom of England or Great Britain.

XXXIV. That the members of the Council, or any three or more of them, when convened, shall constitute a board for the transacting of business; that the Governor, for the time being, shall preside in the Council, and be entitled to a vote on all questions in which they shall be divided in opinion; and in the absence of the Governor, the first named of the Council shall preside, and, as such, shall also vote in all cases where the other members disagree in their opinion. XXXV. That, in cases of refusal, death, resignation, disqualification, or removal out of the State, by any person chosen a member of the Council, the members thereof, immediately thereupon, or at their next meeting thereafter, shall elect, by ballot, another person (qualified) in his place, for the residue of the year.

XXXVI. That the Council shall have power to make the great seal of this State, which shall be kept by the Chancellor for the time being, and affixed to all laws, commissions, grants, and other public testimonials, as has been heretofore practised in this State.

XXXVII. That no senator, delegate of the Assembly, or member of the Council, if he shall qualify as such, shall hold or execute any office of profit, or receive the profits of any office exercised by any other person, during the time for which he shall be elected; nor shall any Governor be capable of holding any other office of profit in this State, while he acts as such; and no person, holding a place of profit, or receiving any part of the profits thereof, or receiving the profits arising on any agency, for the supply of clothing or provisions for the army or navy, or holding any office under the United States, or any of them-or a minister, or preacher of the gospel of any denomination-or any person employed in the regular land service, or marine, of this or the United States, shall have a seat in the General Assembly, or in the Council of this State.

XXXVIII. That every Governor, senator, delegate to Assembly, and member of the Council, before he acts as such, 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 person, during his acting in his office of Governor, senator, delegate to Assembly, or member of the Council, or the profits, or any part of the profits, arising on any agency for the supply of clothing or provisions for the army or navy."

XXXIX. That if any senator, delegate to Assembly, or member of the Council, shall 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 person, during his acting as senator, delegate to Assembly, or member of the Councilhis seat (on conviction in a court of law, by the oath of two credible witnesses) shall be void; and he shall suffer the punishment for wilful and corrupt perjury, or be banished this State forever, or disqualified forever from holding any office or place of trust or profit, as the Court may adjudge.

XL. That the Chancellor, the Attorney-General, the clerks of the county courts, the registers of the land office, and the registers of wills, shall hold their commissions during good behavior, removable only for misbehavior, on conviction in a court of law.

XLI. That there be a register of wills appointed for each county, who shall be commissioned by the Governor, on the joint recommendation of the Senate and House of Delegates; and that, upon the death, resignation, disqualification, or removal out of the county, by any register of wills, in the recess of the General Assembly, the Governor, with the advice of the Council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the meeting of the General Assembly.

XLII. That sheriffs shall be elected in each county, by ballot, every third year; that is to say, two persons for the office of sheriff for each county, the one of whom having the majority of the votes, or if both have an equal number, either of them, at the discretion of the Governor, to be commissioned by the Governor, for the said office; and having served for three years, such person shall be ineligible for the four years next succeeding; bond with security to be taken every year as usual and no sheriff shall be qualified to act before the same be given. In case of death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the three years, the other person, chosen as aforesaid, shall be commissioned by the Governor to execute the said office for the residue of the said three years, the said person giving bond with security as aforesaid; and, in case of his death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the said three years, the Governor, with the advice of the Council, may nominate and commission a fit and proper person to execute the said office for the residue of the said three years, the said person giving

The

bond and security as aforesaid. The election shall be held at the same time and place appointed for the election of delegates. No person to be eligible to the office of sheriff for a county, but an inhabitant of the said county, above the age of twenty-one years. justices shall examine the ballots; and the two candidates properly qualified, having in each county the majority of legal ballots, shall be declared duly elected for the office of sheriff for such county, and returned to the Governor and Council, with a certificate of the number of ballots for each of them.

XLIII. That every person who shall offer to vote for delegates, or for the electors of the Senate, or for the sheriff, shall, (if required by any three persons qualified to vote,) before he be admitted to poll, take such oath or affirmation of support and fidelity to the State, as this Convention or the Legislature shall direct.

XLIV. That a justice of the peace may be eligible as a senator, delegate, or member of the Council, and may continue to act as a justice of the peace.

XLVI. That all civil officers, hereafter to be appointed for the several counties of this State, shall have been residents of the county respectively for which they shall be appointed, six months next before their appointment; and shall continue residents of their county respectively during their continuance in office.

XLVII. The judges of the county courts may appoint the clerks of their respective courts; and, in case of refusal, death, resignation, disqualification, or removal out of the county, of any of the said county clerks, in the vacation of the county court of which he is clerk the Governor, with the advice of the Council, may appoint and commission a fit and proper person to such vacant office respectively, to hold the same until the meeting of the next county court, as the case may be.

XLVIII. That the Governor for the time being, with the advice and consent of the Council, may appoint the Chancellor, and all judges and justices, the Attorney-General, officers in the regular land and sea service, officers of the militia, registers of the land office, surveyors, and all other civil officers of government, (assessors, constables, and overseers of the roads only excepted,) and may also suspend or remove any civil officer, who has not a commission during good behavior; and may suspend any militia officer for one month; and may also suspend or remove any regular officer in the land or sea service; and the Governor may remove or suspend any militia officer, in pursuance of the judgment of a court-martial.

XLIX. That all civil officers, of the appointment of the Governor and Council, who do not hold commissions during good behavior, shall be appointed annually. But, if any of them shall be re-appointed, they may continue to act without any new commission or qualification; and every officer, though not re-appointed, shall continue to act until the person who shall be appointed and commissioned in his stead shall be qualified.