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tered; which mode of taking the joint ballot of both houfes fhall be adopted in all cafes. But if two or more fhall have an equal number of ballots in their favour, by which the choice fhall not be determined on the first ballot, then a fecond ballot fhall be taken, which fhall be confined to the perfons who on the firft ballot fhall have had an equal number; and if the ballots should again be equal between two or more perfons, then the election of the governor fhall be determined by lot, between those who have equal numbers; and if the perfon chofen governor fhall die, refign, remove out of the state, or refufe to. act (fitting the general affembly) the fenate and house of delegates fhall immediately thereupon proceed, to a new choice in manner aforefaid.

26. That the fenators and delegates, on the fecond Tuesday of November, 1777, and annually on the fecond Tuefday of November for ever thereafter, elect by joint ballot, in the fame. manner as fenators are directed to be chofen, five of the most fenfible, difcreet, and experienced men, above twenty-five years of age, refidents in the ftate 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, whofe proceedings fhall be always entered. on record, to any part whereof any member may enter his diffent; and their advice if fo required by the governor, or any member of the council, fhall be given in writing, and figned by the mem-. bers giving the fame refpectively; which proceedings of the council fhall be laid before the fenate, or houfe of delegates, when, called for by them, or either of them. The council may appoint their own clerk, who shall take fuch oath of fupport and fidelity to this state as this convention or the legislature, fhall direct, and of secrecy, in fuch matters as he shall be directed by the board to keep fecret.

27. That the delegates to congrefs from this ftate fhall be chofen annually, or fuperfeded in the mean time by the joint ballot of both houfes of affembly, and that there be a rotation in fuch manner that at least two of the number be annually changed, and. no perfon fhall be capable of being a delegate to congrefs for more than three in any term of fix years; and no perfon who holds any, office of profit in the gift of congrefs fhall be eligible to fit in congrefs, but if appointed to any fuch office his feat fhall be thereby vacated. That no perfon, unlefs above twenty-one years of age, and a refident in the ftate more than five years next preceding the election, and having real and perfonal estate in this ftate above the value of one thousand pounds current money, shall be eligible to, fit in congrefs.

28. That the fenators and delegates, immediately on their an nual meeting, and before they proceed to any bufinefs, and every

perfon

perfon hereafter elected a fenator or delegate, before he acts as fuch, fhall take an oath of fupport and fidelity to this state as aforefaid; and before the election of a governor, or members of the council, fhall take an oath, "to elect without favour, affection, partiality, or prejudice, fuch perfon as governor, or member of the council, as they in their judgement and confcience believe beft qualified for the office."

29. That the fenate and delegates may adjourn themselves refpectively but if the two houfes fhould not agree on the fame time, but adjourn to different days, then fhall the governor appoint and notify one of thofe days or fome day between, and the affembly fhall then neet and be held accordingly; and he fhall, if neceffary, by advice of the council, call them before the time to which they fhall in any manner be adjourned, on giving not lefs than ten days notice thereof, but the governor fhall not adjourn the affembly otherwise than as aforefaid, nor prorogue or diffolve if at any time.

30. That no perfon, unless above twenty-five years of age, a refident in this ftate above five years next preceding the election, and having in the ftate real and perfonal property above the value of five thousand pounds current money, one thoufand pounds whereof at least to be freehold estate, shall be eligible as governor.

31. That the governor fhall not continue in that office longer than three years fucceffively, nor be eligible as governor until the expiration of four years after he fhall have been out of that

office.

32. That upon the death, refignation, or removal out of this ftate of the governor, the firft named of the council, for the time being, thall act as governor, and qualify in the fame manner, and fhall immediately call a meeting of the general affembly, giving not less than fourteen days notice of the meeting, at which meeting a governor fhall be appointed, in manner aforefaid, for the refidue of the year.

33. That the governor, by and with the advice and confent of the council, may embody the militia, and when embodied fhall alone have the direction thereof, and shall also have the direction of all the regular land and fea forces under the laws of this ftate; but he fhall not command in perfon, unless advised thereto by the council, and then only fo long as they fhall approve thereof; and may alone exercife all other the executive powers of government, where the concurrence of the council is not required, according to the laws of this ftate, and grant reprieves or pardons for any crime, except in fuch cafes where the law fhall otherwife direct'; and may, during the recefs of the general affembly, lay embargoes to prevent the departure of any fhipping, or the exportation of any commodities, for. any time not exceeding thirty days in

any

any one year, fummoning the general affembly to meet within the time of the continuance of fuch embargo; and may also order and compel any veffel to ride quarantain, if fuch veffel, or the port from which he may have come, fhall, on ftrong grounds, be fufpected to be infected with the plague; but the governor fhall not, under any pretence, exercife any power or prerogative by virtue of any law, ftatute, or cuftom, of England or Great-Britain.

34. That the members of the council, or any three or more of them, when convened, fhall conftitute a board for the tranfacting of bufinefs; that the governor for the time being fhall prefide in the council, and be intitled to a vote on all queftions in which the council fhall be divided in opinion; and in the absence of the governor the first named of the council fhall prefide, and as fuch Thall alfo vote in all cafes where the other members disagree in their opinion.

35. That in cafe of refufal, death, refignation, difqualification, or removal out of the ftate, of any perfon chofen a member of the council, the members thereof, immediately thereupon, or at their next meeting thereafter, fhall elect by ballot, another person qualified as aforefaid, in his place, for the refidue of the year.

36. That the council fhall have power to make the great feal of this ftate, which fhall be kept by the chancellor for the time being, and affixed to all laws, commiffions, grants, and other public teftimonials, as has been heretofore practifed in this ftate.

37. That no fenator, delegate of affembly, or member of the council, if he fhall qualify as fuch, fhall hold or execute any office of profit, or receive the profits of any office exercised by any other perfon, during the time for which he fhall be elected; nor fhall any governor be capable of holding any other office of profit in this ftate, while he acts as fuch; and no perfon holding a place of profit, or receiving any part of the profits thereof, or receiving the profits or any part of the profits arifing on any agency for the fupply of cloathing or provifions for the army or navy, or holding any office under the united states, or any of them, or a minifter or preacher of the gospel of any denomination, or any perfon employed in the regular land fervice, or marine, of this or the united ftates, fhall have a feat in the general affembly, or the council of this ftate.

38. That every governor, fenator, delegate to congrefs, or af fembly, and member of the council, before he acts as fuch, fhall 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 perfon during his acting in his office of governor, fenator, delegate to congrefs, or affembly, or member of the council, or the profits, or any part of the profits, arifing on any agency, for the Tupply of cloathing or provisions for the army or navy.'

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39. That if any fenator, delegate to congrefs or affembly, or member of the council, fhall 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 fenator, delegate to congrefs or affembly, or member of the council, his feat, on conviction in a court of law, by the oath of two credible witnesses, fhall be void, and he fhall fuffer the punishment for wilful and corrupt perjury, or be banifhed this ftate for ever, or difqualified for ever from holding any office or place of truft or profit, as the court may judge.

40. That the chancellor, all judges, the attorney-general, clerks of the general court, the clerks of the county courts, the regifters of the land office, and the registers of wills, fhall hold their commiffions during good behaviour, removable only for mifbehaviour, on conviction in a court of law.

41. That there be a register of wills appointed for each county, who fhall be commiffioned by the governor, on the joint recommendation of the fenate and house of delegates; and that upon the death, resignation, difqualification, or removal out of the County, by any regifter of wills, in the recefs of the general affembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper perfon to fuch vacant office, to hold the fame until the meeting of the general affembly.

42. That fheriffs fhall be elected in each county, by ballot, every third year, that is to fay, two perfons for the office of theriff for each county, the one of whom having the majority of votes, or if both have an equal number, either of them, at the difcretion of the governor, to be commiffioned by the governor for the said office, and having ferved for three years, fuch perfon fhall be ineligible for the four years next fucceeding, bond with fecurity to be taken every year as ufual, and no theriff fhall be qualified to act before the fame is given. In cafe of death, refufal, refignation, difqualification, or removal out of the county, before the expiration of the three years, the other person, chofen as aforefaid, fhall be commiffioned by the governor to execute the faid office for the refidue of the faid three years, the faid perfon giving bond with fecurity as aforefaid; and in cafe of his death, refufal, refignation, difqualification, or removal out of the county, before the expiration of the faid three years, the governor, with the advice of the council, may nominate and commiffion a fit and proper perfon to execute the faid office for the refidue of the faid three years, the faid perfon giving bond and fecurity as aforefaid; the election fhall be held at the fame time and place appointed for the election of delegates, and the juftices there fummoned to attend for the prefervation of the peace, fhall be judges thereof, and of the qualification of candidates, who fhall appoint a clerk to take the ballots: all freemen above the age of twenty-one years,

having

having a freehold of fifty acres of land, in the county in which they offer to ballot, and refiding therein, and all freemen above the age of twenty-one years, and having property in the fate above the value of thirty pounds current money, and having refided in the county in which they offer to ballot, one whole year next preceding the election, fhall have a right of fuffrage; no perfon to be eligible to the office of sheriff for a county, but an inhabitant of the faid county, above the age of twenty-one years, and having real and perfonal property in the ftate above the value of one thousand pounds current money: the juftices aforesaid shall examine the ballots, and the two candidates properly qualified, having in each county the majority of legal ballots, fhall be declared duly elected for the office of theriff for fuch county, and returned to the governor and council, with a certificate of the number of ballots for each of them.

43. That every person who fhall offer to vote for delegates, or for the election of the fenate, or for the fheriff, fhall (if required by any three perfons qualified to vote), before he be admitted to poll, take fuch oath or affirmation of fupport and fidelity to this ftate, as this convention or the legiflature fhall direct.

44. That a juftice of the peace may be eligible as a fenator, delegate, or member of the council, and may continue to act as a juftice of the peace.

45. That no field officer of the militia be eligible as a fenator, delegate, or member of the council.

46. That all civil officers hereafter to be appointed for the feveral counties of this ftate, fhall have been refidents of the county refpectively for which they fhall be appointed, fix months next before their appointment, and fhall continue refidents of their county refpectively, during their continuance in office.

47. That the judges of the general court, and justices of the county courts, may appoint the clerks of their refpective courts, and in cafe of refufal, death, refignation, difqualification, or removal out of the county of any the faid 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 commiffion a fit and proper perfon to fuch vacant office refpectively, to hold the fame until the meeting of the next general court, or county court, as the cafe may be.

48. That the governor for the time being, with the advice and confent of the council, may appoint the chancellor, and all judges and juftices, the attorney-general, naval officers, officers in the regular land and fea fervice, officers of the militia, registers of the land office, furveyors, and all other civil officers of government (affeffors, conftables and overfeers of the roads only excepted), and may alfo fufpend or remove any civil officer who has not a commiffion during good behaviour, and may fufpend any

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