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
favour, 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 had an
equal number; and if the ballots should
again be equal ^etween 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 assembly) the
senate and house of delegates shall im-
mediately thereupon proceed to a new
choice in manner aforesaid.
26. That the senators and delegates,
on the second Tuesday of November
1777, and annually on the second Tues-
day of November for ever thereafter,
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,
and having therein a freehold of lands
and tenements, above the value of one
thousand pounds current money, to be
the council to the governor, whose pro-
ceedings 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 pro-
ceedings 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 directd by the board to keep secret.
27. That the delegates to Congress
from this state shall be chosen annually,
or superseded in the mean time by the
joint ballot of both houses of assembly,
and that there be a rotation in such
manner that at least two of the number
be annually changed, and no person
shall be capable of being a delegate to
Congress for more than three in any
term of six years; and no person who
holds any office of profit in the gift of
Congress shall be eligible to sit in Con-
gress, but if appointed to any such office
his seat shall be thereby vacated; That
no person unless above twenty-five
years of age, and a resident in the state
more than five years next preceding the
election, and having real and personal
estate in this state above the value of
one thousand pounds current money,
shall be eligible to sit in Congress.
28. 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 the governor, or
members of the council, shall take an
oath "to elect without favour, 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."
29. That the senate and delegates may
adjourn themselves respectively; but if
the two houses should not agree on the
same time, but adjourn to different days,
379
|
