tered; 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 firft 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 perfon chosen governor shall die, resign, remove out of the state, or refuse to. act (fitting the general affembly) the fenate 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, 1777, and annually on the second Tuesday of November for ever thereafter, elect by joint ballot, in the fame. 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 figned by the mem-. bers giving the fame respectively; which proceedings of the council shall be lald before the fenate, or house 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 shall direct, and of secrecy, in such matters as he shall be directed by the board to keep fecret. 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 That the delegates to congress from this state shall be chosen annually, or superseded in the mean time by the joint ballot of both houses of affembly, and that there be a rotation in such manner that at least two of the number be annually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 fix years; and no perfon who holds any, office of profit in the gift of congress shall be eligible to fit in congress, but if appointed to any such office his feat shall be thereby vacated. That no person, unless above twenty-one 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 fit in congress. 28. That the fenators and delegates, immediately on their an nual meeting, and before they proceed to any business, and every perfon 66 person hereafter elected a fenator 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 a governor, or members of the council, shall take an oath, to elect without favour, affection, partiality, or prejudice, such perfon as governor, or member of the council, as they in their judgement and confcience believe best qualified for the office." 29. That the fenate and delegates may adjourn themselves respectively: but if the two houses should not agree on the fame time, but adjourn to different days, then shall the governor aрpoint and notify one of those days or fome day between, and the affembly shall then neet 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 affembly otherwise than as aforesaid, nor prorogue or diffolve 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 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, refignation, or removal out of this ftate of the governor, the first named of the council, for the time being, thall act as governor, and qualify in the fame 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 refidue of 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 fea 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 fuch cases where the law shall otherwise direct; and may, during the recess of the general affembly, lay embargoes to prevent the departure of any shipping, or the exportation of any commodities, for any time not exceeding thirty days in any any one year, summoning the general afsembly to meet within the time of the continuance of such embargo; and may also order and compel any vessel to ride quarantain, if such vessel, or the port from which she may 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 conftitute a board for the transacting of business; that the governor for the time being shall preside in the council, and be intitled to a vote on all questions in which the council shall be divided in opinion; and in the absence of the governor the first named of the council shall preside, and as such Thall 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, of any perfon 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 feal of this state, which shall be kept by the chancellor for the time being, and affixed to all laws, commissions, grants, and other public teftimonials, as has been heretofore practifed in this state. 37. That no fenator, delegate of assembly, or member of the council, if he shall qualify as such, shall hold or execute any office of profit, or receive the profits of any office exercised by any other person, during the time for which he shall be elected; nor shall any governor be capable of holding any other office of profit in this state, while hile he acts as such; and no person 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 supply 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 person employed in the regular land service, or marine, of this or the united states, shall have a feat in the general assembly, or the council of this state. 38. That every governor, fenator, delegate to congress, or afsembly, and member of the council, before he acts as fuch, shall 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 person during his acting in his office of governor, senator, delegate to congrefs, or affembly, or member of the council, or the profits, or any part of the profits, arising on any agency, for the supply of cloathing or provifions for the army or navy." 39. That 39. That if any fenator, delegate to congrefs or affembly, or member of the council, shall 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 congress or affembly, or member of the council, his feat, on conviction in a court of law, by the oath of two credible witnesses, shall be void, and he shall fuffer the punishment for wilful and corrupt perjury, or be banished this state for ever, or disqualified 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 regifters of wills, shall 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 shall be commiffioned by the governor, on the joint recommendation of the fenate and house of delegates; and that upon the death, resignation, disqualification, or removal out of the county, by any register of wills, in the recess of the general afsembly, 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 assembly. 42. That sheriffs shall be elected in each county, by ballot, every third year, that is to say, two persons for the office of fheriff 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, such person shall be ineligible for the four years next fucceeding, bond with security to be taken every year as usual, and no sheriff shall be qualified to act before the same is given. In case of death, refusal, refignation, disqualification, or removal out of the county, before the expiration of the three years, the other person, chofen as aforefaid, shall be commiffioned by the governor to execute the said office for the refidue of the faid three years, the faid perfon giving bond with security as aforesaid; and in case of his death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the said three years, the governor, with the advice of the council, may nominate and commiffion a fit and proper person to execute the faid office for the refidue of the faid three years, the faid person giving bond and security as aforesaid; the election shall 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, shall be judges thereof, and of the qualification of candidates, who shall 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 flate 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, shall have a right of fuffrage; no person 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 personal property in the state above the value of one thousand pounds current money: the justices aforesaid shall examine the ballots, and the two candidates properly qualified, having in each county the majority of legal ballots, shall be declared duly elected for the office of sheriff for such county, and returned to the governor and council, with a certificate of the number of ballots ots for each of them. 43. That every person who shall offer to vote for delegates, or for the election of the senate, or for the sheriff, shall (if required by any three persons qualified to vote), before he be admitted to poll, take such oath or affirmation of support and fidelity to this state, as this convention or the legislature shall direct. 44. That a justice of the peace may be eligible as a senator, delegate, or member of the council, and may continue to act as a justice of the peace. 45. That no field officer of the militia be eligible as a senator, delegate, or member of the council. 46. That all civil officers hereafter to be appointed for the feveral counties of this state, shall have been residents of the county respectively for which they shall be appointed, fix months next before their appointment, and shall continue residents of their county respectively, 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 respective courts, and in case of refusal, death, refignation, disqualification, or removal out of the county of any the said 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 person to such vacant office respectively, 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 consent of the council, may appoint the chancellor, and all judges and justices, the attorney-general, naval officers, officers in the regular land and fea service, officers of the militia, registers of the land office, surveyors, and all other civil officers of government (affeffors, conftables and overseers of the roads only excepted), and may also suspend or remove any civil officer who has not a commiffion during good behaviour, and may suspend any militia |