WITH THE AMENDMENTS INGRAFTED.
lv.
20. That not less than a 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.
21. That the senate shall judge of the
elections and qualification of senators.
22. That the senate may originate any other
except money bills, 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.
23. That the General ASsembly meet annually,
on the first Monday of December
(g), and if necessary oftener.
24. That each house shall appoint its own officers,
and settle its own rules of
proceeding.
25. That a person of wisdom, experience
and virtue, shall be chosen governor
on the second Monday of December (h) in each and every year,
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 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
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
assembly,) the senate and house of delegates shall immediately thereupon
proceed to a new choice in manner aforesaid.
26. That the senators and delegates, on the
first Tuesday after the second
Monday of December in each and every year (i), 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 (k), 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, or affirmation (l), 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.
(g) Altered from the former time,
the first Monday of November, by the act of 1811, ch. 211,
confirmed by November 1812, ch. 129.
(h) Altered from the former
time, the second Monday of November, by 1811, ch. 211, confirmed
by November 1812, ch. 129.
(i) Altered from the former time, the second Tuesday
of November, by 1811, ch. 211, confirmed
by November 1812, ch. 129.
(k) The persons to be elected
were required to have in the state a freehold of lands and tenements
above the value of one thousand pounds current money; but by November 1809,
ch. 198,
confirmed by 1810, ch. 18, all such parts of the constitution as required
a property qualification
in persons to be appointed or holding offices of profit or trust in this
state were abolished.
(l) Added under the act of 1794,
ch. 49, confirmed by 1795, ch. 11, and confirmed thereby to
Quakers, &c. conscientiously scrupulous of taking an oath on any occasion,
but since extended
to all persons professing the christian religion, who hold it unlawful
to take an oath on any occasion,
by the act of 1817, ch. 61, confirmed by 1818, ch. 163, as stated in the
note to the 18th
section.
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