he fhall, if neceffary, either by advice of the council of state, or on application of a majority of the houfe of delegates, call them before the time to which they fhall ftand prorogued or adjourned.

A privy council, or council of ftate, confifting of eight members, fhall be chofen by joint ballot of both houfes of affembly, either from their own members or the people at large, to affift in the administration of government. They fhall annually choofe, out of their own members, a prefident, who, in cafe of death, inability, or absence of the governor from the government, shall act as lieutenant-governor. Four members fhall be fufficient to act, and their advice and proceedings íhall be entered on record, and figned by the members prefent, (to any part whereof any member may enter his diffent) to be laid before the general affembly, when called for by them. This council may appoint their own clerk, who shall have a falary fettled by law, and take an oath of fecrecy in fuch matters as he shall be directed by the board to conceal. A fum of money appropriated to that purpofe, fhall be divided annually among the members, in proportion to their attendance; and they fhall be incapable, during their continuance in office, of fitting in either houfe of affembly. Two members fhall be re`moved by joint ballot of both houfes of affembly, at the end of every three years, and be ineligible for the three next years. These vacancies, as well as thofe occafioned by death or incapacity, fhall be fupplied by new elections in the fame manner.

The delegates for Virginia to the continental congrefs fhall be chofen annually, or fuperfeded in the mean time by joint ballot of both houses of affembly.

The prefent militia officers fhall be continued, and vacancies fupplied by appointment of the governor, with the advice of the privy council, on recommendations from the refpective county courts; but the governor and council fhall have a power of fufpending any officer, and ordering a court martial on complaint of misbehaviour or inability, or to fupply vacancies of officers happening when in actual fervice.

The governor may embody the militia, with the advice of the privy council; and, when embodied, fhall alone have the direction of the militia under the laws of the country.

The two houfes of affembly fhall, by joint ballot, appoint judges of the fupreme court of appeals, and general court, judges in chancery, judges of admiralty, fecretary, and the attorneygeneral, to be commiffioned by the governor, and continue in office during good behaviour. In cafe of death, incapacity, or refignation, the governor, with the advice of the privy-council, fhall appoint perfons to fucceed in office, to be approved or difplaced by bath houses. Thefe officers fhall have fixed and adequate falaries, and, together with all others holding lucrative offices, and all miniflers of the gospel of every denomination, be

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incapable

incapable of being elected members of either house of affembly, or the privy-council.

The governor, with the advice of the privy council, shall appoint juftices of the peace for the counties; and in cafe of vacancies, or a neceffity of increafing the number hereafter, fuch appointments to be made upon the recommendation of the refpective county courts. The prefent acting fecretary in Virginia, and clerks of all the county courts, fhall continue in office. In cafe of vacancies, either by death, incapacity, or refignation, a fecretary fhall be appointed, as before directed, and the clerks by the refpective courts. The prefent and future clerks fhall hold their offices during good behaviour, to be judged of and determined in the general court. The fheriffs and coroners fhall be nominated by the refpective courts, approved by the governor with the advice of the privy-council, and commiffioned by the governor. The juftices fhall appoint conftables; and all fees of the aforefaid officers be regulated by law.

The governor, when he is out of office, and others offending against the state, either by mal-adminiftration, corruption, or other means, by which the fafety of the ftate may be endangered, shall be impeachable by the house of delegates. Such impeachment to be profecuted by the attorney-general, or fuch other perfon or perfons as the houfe may appoint, in the general court, according to the laws of the land. If found guilty, he or they shall be either for ever difabled to hold any office under government, or be removed from fuch office pro tempore, or fubjected to fuch pains or penalties as the law fhall direct.

If all or any of the judges of the general court should, on good grounds (to be judged of by the house of delegates), be accused of any of the crimes or offences above mentioned, fuch house of delegates may in like manner impeach the judge or judges fo accufed, to be profecuted in the court of appeals; and he or they, if found guilty, fhall be punished in the fame manner as is prefcribed in the preceding claufe.

Commiffions and grants fhall run, In the name of the commonwealth of Virginia, and bear teft by the governor, with the feal of the commonwealth annexed. Writs fhall run in the fame manner, and bear teft by the clerks of the feveral courts. dictments fhall conclude, Against the peace and dignity of the com

monwealth.

In

A treasurer fhall be appointed annually, by joint ballot of both

houses.

All efcheats, penalties, and forfeitures, heretofore going to the king, fhall go to the commonwealth, fave only fuch as the legiflature may abolish, or otherwife provide for.

The territories contained within the charters erecting the colonies of Maryland, Pennfylvania, North and South-Carolina,

are

are hereby ceded, released, and for ever confirmed to the people of these colonies refpectively, with all the rights of property, jurif diction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia shores and strands bordering on either of the said rivers, and all improvements which have been or fhall be made thereon. The western and northern

extent of Virginia fhall in all other refpects stand as fixed by the charter of king James I. in the year one thousand fix hundred and nine, and by the public treaty of peace between the courts of Britain and France, in the year one thousand seven hundred and fixty-three; unlefs, by act of this legislature, one or more governments be established weftward of the Allegheny mountains. And no purchases of lands fhall be made of the Indian natives but on behalf of the public, by authority of the general affembly.

The CONSTITUTION, or FORM of GOVERNMENT, agreed 10.and refolved upon by the Reprefentatives of the Freemen of the State of North-Carolina, elected and chofen for that particular Purpofe, in CONGRESS affembled, at Halifax, Dec. 18, 1776:

A DECLARATION of RIGHTS, &c.

I. HAT all political power is vefted in, and derived from, the people only.

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2. That the people of this state ought to have the sole and exclufive right of regulating the internal government and police thereof.

3. That no man, or fet of men are entitled to exclufive or feparate emoluments or privileges from the community, but in confideration of public services.

4. That the legislative, executive, and fupreme judicial powers of government ought to be for ever feparate and diftinct from each other.

5. That all powers of fufpending laws, or the execution of laws by any authority, without confent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

6. That elections of members to ferve as reprefentatives in general aflembly ought to be free.

7. That in all criminal profecutions every man has a right to be informed of the accufation against him, and to confront the accufers and witneffes with other teftimony, and shall not be compelled to give evidence against himself.

8. That no freeman fhall be put to answer any criminal charge but by indictment, prefentment, or impeachment.

9. That no freeman fhall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court as heretofore used.

10. That exceffive bail fhould not be required, nor exceffive fines impofed, nor cruel or unusual punishments inflicted. II. That general warrants whereby an officer or meffenger may be commanded to fearch fufpected places without evidence

of

of the fact committed, or to feize any perfon or perfons not named whofe offences are not particularly defcribed and fupported by evidence, are dangerous to liberty, and ought not to be granted.

12. That no freeman ought to be taken, imprisoned, or diffeized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deftroyed or deprived of his life, liberty, or property, but by the law of the land.

13. That every freeman reftrained of his liberty, is intitled to a remedy, to enquire into the lawfulness thereof, and to remove the fame if unlawful, and that fuch remedy ought not to be denied or delayed.

44 That in all controverfies at law refpecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain facred and inviolable.

5. That the freedom of the prefst is one of the great bulwarks of liberty, and therefore ought never to be reftrained.

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16. That the people of this ftate ought not to be taxed, or made fubject to the payment of any impoft or duty, without the confent of themselves, or their reprefentatives in general affembly freely given.

17. That the people have a right to bear arms for the defence of the state; and as ftanding armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military fhould be kept under ftrict fubordination to, and governed by the civil power.

9118. That the people have a right to affemble together, to confult for their common good, to inftruct their representatives, and to apply to the legislature for redrefs of grievances.

919. That all men have a natural and unalienable right to worthip Almighty God according to the dictates of their own confcience.

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20. That for redrefs of grievances, and for amending and ftrengthening the laws, elections ought to be often held.

21. That a frequent recurrence to fundamental ptinciples is abfolutely neceffary to preferve the bleffings of liberty.

22. That no hereditary emoluments, privileges, or honours, ought to be granted or conferred in this flate..

23. That perpetuities and monopolies are contrary to the genius of a free ftate, and ought not to be allowed.

24. That retrospective laws, punishing fafts committed before the exiftence of fuch laws, and by them only declared criminal, care oppreffive, unjust, and incompatible with liberty, wherefore no ex poft facto law ought to be made.

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25. The property of the foil in a free government being one of the effential rights of the collective body of the people, it is neceffary, in order to avoid future difputes, that the limits of R 2

the