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Out of his allegiance and protetion. By which several acts of mifrule, the Former government dirgovernment of this country, as formerly exercised under the crown of Great- folved. Britain, is totally diffolved.

II. We therefore, the Delegates and Representatives of the good people of Virginia, having maturely considered the premises, and viewing with great Another declaredo concera the deplorable condition to which this once happy country must be reduced, unless fome regular, adequate mode of civil polity is speedily adopted, and in compliance with a recommendation of the General Congress, do ordain and declare the future form of government of Virginia to be as followeth:

III. THE LegiNative, Executive, and Judiciary departments, thall be tė. parate and distinct, so that neither exercise the powers properly belonging to Legiflative, Executive, the other ; nor shall any person exercise the powers of more than one of thein and Judiciary, separated,

with an exception. at the same time, except that the Justices of the county courts thail be eligible to either House of Atembly.

Legislative formed of IV. THE Legislative shall be formed of two diftinct branches, who, to- two Houses, caled Gegether, shall be a complete Legislature. They shall meet once or ofiener, every seral Affembly, shall year, and thall be called the General Afferbly of Virginia.

meet every year, once V. ONE of these shall be called the House of Delegates, 2nd confiit of two or oftener ; Representatives to be chosen for each county, and for the diitriet of W'ejt Allgusta, annually, of such men as actually reside in and are frecholders of the One of them to be call.

ed the House of Dele. faine, or duly qualified according to law; and also one Delegate or Repre- gates, members of which, sentative to be chofen annually for the city of Williamsburg, and one for the bo- how qualified, and fuk rough of Norfolk, and a Representative for each of such other cities and bo- what places chosen. roughs as may hereafter be allowed particular representation by the Legislature; but when any city or borough fall so decrease, as that the number of persons when a corpo-ation's having right of suffrage therein shall have been for the space of seven years suc- right to representatica ce:lively less than half the number of voters in fon:e one county in Virginia, ball cease, such city or borough thenceforward shall cease to send a Delegate or Reprefentative to the Affembly.

VI. THE other shall be called the Senate, and coniit of twenty-four mem- of what number of bers, of whom thirteen shall conftitute a House to proceed on busineis, for whose members the other, cal

led the Senate, thall conelection the different counties thall be divided into twenty-four districts, and fit, and how they 4.1 each county of the respective district, at the time of the eledion of its Delegates, be chosen. fall 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 sherifis of each county, within tive days at farthest after the last county election in the district, shall meet at some convenient place, and, from the poll so taken in their respective counties, return as a Senator the man who iha!l have the greatest number of votes in the whole diftri&t. To keep up this Assembly by rotation, the districts shall be equally divided into four classes, and numbered by lot. At the end of one year after the general election, the six members, elected by the firit division, shall be displaced, and the vacancies thereby occalioned supplied from such class or division, by new clec. tion, in the manner aforefid. This rotation Gall be applied to each division, according to its number, and continued in due order annually.

VII. THAT the right of suffrage in the clestion of members of both Houses Eachu House may encore shall remain as exercised at present, and each House ihall choose its own Speak and live writs for fup:

its Speaker and officer, er, appoint its own officers, feitle its own rules of proceeding, and direct plying vacancies. writs of election for supplying intermediate vacancies,

VIII. ALL laws shall originate in the house of Delegates, to be approved Laws fall originate in or rejected by the Senate, or to be amended with the consent of the House of the House of Delegates

, Delegates, except money bills, which in no instance thall be altered by the Se- but, if not morey bils

amendable by the Sondic nate, but wholly approved or rejected.

IX. A GOVERNOR, or Chief Magistrate, shall be chosen annually, by Governor, low chosen joint ballot of bóth Honfes, to be taken in each House respectively, deposited method of balloting 1 in the conference room; the boxes examined jointly by a Committee of each this and other cases; hi House ; and the numbers severally reported to them, that the appointments salary and powers ; ré may be entered (which shall be the inode of taking the joint ballot of both trained from gantin Houses in all cases) who shall not continue in that office longer than three years certain cases,

reprieves or pardons ? fucceffively, nor be eligible until the expiration of four years after he thall have been out of that office. An adequate, but moderate salary, shall be fettled on him during his continuance in office ; and he shall, with the advice of a Council of State, exercise the executive powers of government according to the laws of this commonwealth; and thall not, under any pretence, ex. ercise any power or prerogative by virtue of any law, ftatute, or custom of England; But he shall, with the advice of the Council of State, have the power

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of granting reprieves or pardons, except where the prosecution shall have been carried on by the House of Delegates, or the law Mall otherwise particularly direct; in which cales, no reprieve or pardon hali be granted, but by re

folve of the House of Delegates. When në may convoke X. EITHER House of the General Assembly may adjourn themselves rethe General Assembly. spectively. The Governor fhall not prorogue or adjourn the Assembly during

their fitting, nor diffolve them at any tire; but he shall, if necessary, either by advice of the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they mall stand rogued cradjourned.

XI. A PRIVY Council or Council of State, consisting of eight members, Prive Council, number shall be chofen by joint ballot of both Houses of Assembly, either from their of'; their duty, power, own members or the people at large, to asit in the administration of governand time of continuance

They shall annually choose out of their own members a President, who, in office.

in case of the death, inability, or neceflary absence of the Governor from the government, thail act as Licutenant Governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered of record, and ligned by the members preient (to any part whereof any member may enter his disent) to be laid before the General Assembly, when called for by thein. This Council may appoint their own clerk, who shall have a falary settied by law, and take an oath of secrecy in such matters as he shall be directed by the Board to conccal. A sum of money appropriated to that purpose ihail be divided annually among the members in proportion to their attendance ; and they full be incapable during their continuance in office, of fitting in either House of Allembly. Two members shall be removed, by joint ballot of buth Houles of Afiembly, 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 incapa

city, shall be supplied by new elections, in the same manner. Delegates to Congress, XII. THE Delegates for Virginia to the Continental Congress Mall be huw cholen.

chosen annually, or süperceded in the mean time by joint ballot of both Houses

of Allembly. Military regulations. XIII. THE present militia officers shall be continued, and vacancies fup

plied by appointment of the Governor, with the advice of the Privy Council, or recommendations from the respective County Courts ; but the Governor and Council fhall huve 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:

XIV. THE two Houses of Assembly fhall, by joint ballot, appoint Judges Courts of Appeals, GeDeral, of Equity, and of the Supreme Court of Appeals, and General Court, Judges in Chancery, Admiralty, judges of; Judges of Admiralty, Secretary, and the Attorney General, to be commifSecretary, and Attorney fioned by the Governor, and continue in office during good behaviour. In case General

, how appointed; of death, incapacity, or resignation, the Governor, with the advice of the

; with some others, from Privy Council, mall appoint persons to succeed in oilice, to be approved or dirthe Legiflative and Exe- placed by both Houses. These officers fhall have fixed and adequate salaries; cutive.

and, together with all others holding lucrative offices, and all Ministers of the Gospel of every denomination, be incapable of being elected members of ein

ther House of Allembly, or the Privy Council. Counties, Juftices of, XV. THE Governor, with the advice of the Privy Council, shall appoint how appointed; thall no- Justices of the Peace for the counties ; and in case of vacancies, or a necessity of minate their clerks, re. commend theriffs' and increating the number hereafter, such appointments to be made upon the recomcoroners to be commisi. mendation of the respective County Courts. The present acting Secretary in oned by Executive; and Virginia, and Clerks of all the County Courts, shall continue in office. In case appoint conftables.

of vacancies, either by death, incapacity, or resignation, a Secretary shall be appointed as before directed, and the clerks by the respective courts. The prelent 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 commillioned by the Governor. The Justices fhall appoint Conftables, and all fees of the aforesaid officers to be regulated by law.

XVI. THE Governor, when he is out of office, and others offending a

gainst the state, either by mal-administration, corruption, or other means Impeachments. by which the fafety of the fate may be endangered, thall 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

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he or they shall be either forever disabled to hold any office under government, or removed from such office pro tempore, or subjected to such pains or penalties as the law shall dire&t.

XVII. IF all, or any of the Judges of the General Court, shall, on good grounds (to be judge1 of by the House of Delegates) be accused of any of the crimes or offences beforementioned, fuch 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 fame manner as is prescribed in the preceding clause.

XVIII. COMMISSIONS and grants shall run In the name of the Como Commissions, grants and MONWEALTH of VIRGINIA, and bear teste by the Governor, with the seal writs, stile, and teste or. of the Commonwealth annexed. Writs shall run in the same manner, and bear Indictments, conclusion teste by the clerks of the several courts. Indictments shall conclude, Against ibe peace and dignity of the Commonwealth.

X X. A TREASURER Mall be appointed annually, by joint ballot of Treasurer. both Houses. XX. ALL escheats, penalties, and forfeitures, heretofore going to the Escheats, penalties, for

feitures. King, fall go to the Commonwealth, fave only such as the Legislature may abolih, or otherwise provide for.

XXI. THE territories contained within the charters erecting the colonies Territorial limits ; cefof Maryland, Pennsylvania, North and South Carolina, are hereby ceded, re

itates; future governleased, and forever confirmed to the people of those colonies respectively, with ments west of Mount all the rights of property, jurisdiction, and government, and all other rights Allegheny, how to be whatsoever which might at any time heretofore have been claimed by Vir- eitablished. ginia, except the free navigation and use of the rivers Potowmac and Polo- liel: 1661.0.136. moke, with the property of the Virginia shores or strands bordering on either of the faid rivers, and all improvements which have been or shall be made 170 176.14. doy 17:09 thereon. The western and northern extent of Virginia shall, in all other rel- 1.023: €. 1989. P0:10: pects, ftand as fixed by the charter of King James the first, in the year one thoufand fix hundred and nine, and by the public treaty of peace between the Courts of Great Britain and France, in the year one thousand seven hundred and fixty-three ; unless, by act of Legislature, one or more territories shall hereafter be laid off, and governments established westward of the Allegheny dian Natives, but for re

purchases mountains. And no purchase of lands shall be made of the Indian natives but

public. on behalf of the public, by authority of the General Assembly.

XXII. IN order to introduce this government, the representatives of the
people met in Convention shall choose a Governor and Privy Council, also
such other officers directed to be chosen by both Houses as may be judged
necessary to be immediately appointed. The Senate to be first chosen by the
people, to continue until the last day of March next, and the other officers until
the end of the succeeding fellion of Affembly. In case of vacancies, the
Speaker of either House thall issue writs for new elections.
At a General Assembly summoned to be held at the Capitol, in the

City of Williamburg, on the ist Day of August, in the gth Year
of the Reign of George the Second, of Great-Britain, France,
and Ireland, King, Defender of the Faith, &c. and from thence
continued by several Prorogations to the 5th Day of August,
in the roth Year of his said Majesty's Reign, and in the Year
of our Lord 1736.
CHAP. III.

1736. • An Alt for confirming and better securing the Titles to Lands in the Northern

Neck, beld under the Right Honorable Thomas Lord Fairfax, Baron of Cameron, in that part of Great-Britain, called Scotland. 1.

HEREAS the late King Charles II. by certain letters patents, under Recital of the patent,
of May, in the one and twentieth year of his reign, reciting, that he, taking into ejusdem Regis.
his royal consideration the propagation of the Chriftian faith, and the inani-

Vide post, chap. 4. Revised Code, (1785) 110.
027. 1779, chap. 18.
Oct. 1782, chap. 8.33 176. 180, 206.

May 1783. chap. 38..
1784, chap. 91. 1785, chap. 12, 47. 1786, chap. 3. 1787, chap. 38.

21 Car. 2. wherein is

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