1776.
PROCEEDINGS of CONVENTION.
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 November, seventeen hundred and seventy-seven, and on the second Monday
in every year for ever
thereafter, 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, (fitting 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 second
Tuesday of November seventeen hundred and seventy-seven,
and annually on the second Tuesday 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 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.
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 in
any office of profit in the
gift of congress, shall be eligible to sit in congress, 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 this 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, 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 or dissolve it at any time.
30. That no person, unless above twenty-five years
of age, a resident in this state above five years next
preceding the election, and having in the state real and personal property
above the value of five thousand
pounds current money, one thousand pounds whereof at least to be of freehold
estate, shall be eligible as
governor.
31. 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.
32. 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, and shall immediately
call a meeting of the general assembly, giving not less than fourteen days
notice of the meeting, at
which meeting a governor shall be appointed, in manner aforesaid, for the
residue of the year.
33. 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 government, 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, during the recess of the
general assembly, lay embargoes
to prevent the departure of any shipping, or the exportation of any commodities,
for any time not exceeding
thirty days in any one year, summoning the general assembly to meet within
the time of the continuance
of such embargo, and may also order and compel any vessel to ride quarantine,
if such vessel, or
the port from which he 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.
34. 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.
35. That in case 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 as aforesaid,
in his place, for the residue of
the year.
36. 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.
|
|