commendations from the respective county courts; but the Governour and Council shall have a power of suspending any officer, and ordering a court-martial on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service. The Governour may embody the militia, with the advice of the Privy Council; and, when embodied, shall alone have the direction of the militia under the laws of the country.

ial, &c. how

excluded,

Judges of The two Houses of Assembly shall, by joint ballot, appoint Judges of the Supreme Court of Appeals, and courts, atGeneral Court, Judges in Chancery, Judges of Admi- torney generalty, Secretary, and the Attorney-General, to be com- appointed; missioned by the Governour, and continue in office salaries of; during good behaviour. In case of death, incapacity, with those or resignation, the Governour, with the advice of the holdig lu Privy Council, shall appoint persons to succeed in of- rative offices fice, to be approved or displaced by both Houses, and all mingospel from These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, legislative & and all ministers of the Gospel of every denomination, executive. be incapable of being elected members of either House of assembly, or the Privy Council.

isters of the

XV. The Governour, with the advice of the Privy Justices of Council, shall appoint Justices of the Peace for the peace, how counties; and in case of vacancies, or a necessity of in- appointed. creasing the number hereafter, such appointments to be made upon the recom.nendation of the respective county courts. The present acting Secretary in Virginia, and Clerks of all the County Courts, shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a Secretary shall be appointed as courts, and before directed, and the Clerks by the respective courts. their office. The present and future Clerks shall hold their offices during good behaviour, to be judged of and determined

Clerks of

tenure of

in the General Court. The Sheriffs and Coroners shall Sheriffs, co-
be nominated by the respective courts, approved by the roners.
Governour, with the advice of the Privy Council, and
commissioned by the Governour. The Justices shall
appoint Constables, and all fees of the aforesaid officers
be regulated by law.

XVI. The Governour, when he is out of office, and
others offending against the state, either by mal-admin-
istration, corruption, or other means by which the safe-
ty of the state may be endangered, shall be impeacha-
ble by the House of Delegates. Such impeachment to

Constables.

Impeach

ments.

Impeach

ments.

Commissions grants and Wits, style and test of

Indictments, conclusion

of.

Treasurer,

be prosecuted by the Attorney-General, or such other person or persons as the House may appoint in the General Court, according to the laws of the land. If found guilty, he or they shall be either for ever be disabled to hold any office under government, or removed from such office pro tempore, or subjected to such pains or penalties as the law shall direct.

XVII. If all, or any of the Judges of the General Court, shall, on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes offences before- mentioned, such House of Delegates may, in like manner, impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause. XVIII. Commissions and grants shall run, In the name of the COMMONWEALTH of VIRGINIA, and bear test by the Governour with the seal of the commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. dictments shall conclude, Against the peace and dignity of the commonwealth.

In

XIX. A treasurer shall be appointed annually, by how appoint- joint ballot of both Houses.

ed.

Escheats,

penalties, forfeitures.

Territorial

terminous

states; future

west of Mount Alleghany how

to be established.

XX. All escheats, penalties, and forfeitures, heretofore going to the king, shall go to the commonwealth, save only such as the legislature may abolish, or otherwise provide for.

XXI. The territories contained within the charters limits; ces- erecting the colonies Maryland, Pennsylvania, North sion to co- and South Carolina, are hereby ceded, released, and for ever confirmed to the people of those colonies regovernment spectively, with all the rights of property, jurisdiction, 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 Potowmack and Pohomoke, with the property of the Virginia shores or strands bordering on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of king James the first, in the year one thousand six hundred and nine, and by the publick treaty of peace between the courts of Great Britain and France in the year one thousand seven hundred and sixty three; unless, by act of legislature, onè or more territories shall hereafter be laid off, and go

vernments established westward of the Allegheny moun

es from In

tains. And no purchase of lands shall be made of the No purchasIndian natives but on behalf of the publick, by autho- dian natives, rity of the General Assembly.

but for re

Provisional

ment.

XXII. In order to introduce this government, the public. representatives of the people met in Convention shall choose a Governour and Privy Council, also such other appointment officers directed to be chosen by both Houses as may of officers of be judged necessary to be immediately appointed. The governSenate to be first chosen by the people, to continue until the last day of March next, and the other officers until the end of the succeeding session of Assembly. In case of vacancies, the speaker of either House shall issue writs for new elections.*

CHAP. III.

An Ordinance prescribing the oaths of office to be taken by the Governor and Privy Council, and other officers of the commonwealth of Virgi nia, and for other purposes therein mentioned.

I. BE it ordained, by the delegates or representatives of the counties and corporations in Virginia, now met in convention, that the governor, privy council, members of the general assembly, and officers of government, shall take the oaths herein after prescribed before they shall enter into the execution of their respective offices, in the following manner:

THE OATH OF THE GOVERNOR.

II. I A. B. elected governor of Virginia, by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, exe- Oath of gocute the said office diligently and faithfully, according vernor.

* Patrick Henry, esq. was elected Governor, and the members of the Privy Council were chosen the same day on which the Constitution was adopted. The session succeeding the last of March next, having adjourned the 28th of May, the term of menbers of the Council consequently expires on that day,

Oath of pri

lor.

to law, without favour, affection, or partiality; that I will, to the utmost of my power, support, maintain, and defend, the commonwealth of Virginia, and the constitution of the same, and protect the people thereof in the secure enjoyment of all their rights, franchises, and privileges; and will constantly endeavour that the laws and ordinances of the commonwealth be duly observed, and that law and justice, in mercy, be executed in all judgments. And lastly, I do solemnly promise and swear, that I will peaceably and quietly resign the government, to which I have been elected, at the several periods to which my continuance in the said office is or shall b limited by law and the constitution. So help me God.

THE OATH OF A PRIVY COUNSELlor.

III. I A. B. elected one of the privy council of Virvy council ginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office diligently and faithfully according to law, without favour, affection, or partiality; and that I will be faithful to the commonwealth of Virginia, and will support and defend the same, according to the constitution thereof, to the utmost of my power; and that I will keep secret such proceedings and orders of the privy council as the board shall direct to be concealed, unless when the same shall be called for ed to gover. by either house of assembly. So help me God. Which nor & coun- oaths shall be administered, that to the governor, by cil, on or before the 6th any four of the privy council, and the other by the goof July, 1776. Vernor, on or before the sixth day of this instant July, for which purpose he is required to summon the privy council to attend him at Williamsburg; and until that Powers of time the powers of the committee of safety, according to the ordinances of convention, shall continue, and no longer.

Oaths to be administer

Committee

of Safety

cease.

Oath of se nator or delegate.

THE OATH OF A SENATOR AND DELEGATE.

IV. I A. B. do solemnly promise and swear, that I will be faithful and true to the commonwealth of Virginia, that I will well and truly demean myself as a senator (or delegate, as the case may be) of the general assembly, to which I have been elected, in all things appertaining to the duties of the same, according to the best of my skill and judgment, and without favour, affection, or partiality. So help me God. Which oath shall be administered by any privy counsellor.

THE OATH OF THE SECRETARY, ATTORNEY GENERAL,
AND CLERK OF A COUNTY COURT.

eral, and

V. I A. B. do solemnly promise and swear, that I Oath of sewill be faithful and true to the commonwealth of Virgi- cretary, atnia, and that I will well and truly demean myself in the torney gen. office of secretary, (attorney general, or clerk of the clerk of county court of as the case may be) to which I county court have been appointed, in all things appertaining to the duties thereof, according to the best of my skill and judgment, and without favour, affection, or partiality. So help me God. Which oaths shall be administered, those to the secretary and attorney general by any four of the privy council, and the other by the court of which the officer is clerk.

Oath of at

VI. And every attorney at law shall, before he be permitted to practise in any court, take the following torney at oath before such court: I A. B. do solemnly promise law. and swear, that I will be faithful and true to the commonwealth of Virginia, and that I will well and truly demean myself in the office of an attorney at law. So help me God..

VII. And every other person, heretofore required Other oaths by law to take the oaths of government, now taking in- of office. stead thereof an oath, before some court of record, that he will be faithful and true to the commonwealth of Virginia, and that he will well and truly demean himself in his office, in all things appertaining to the duties thereof, according to the best of his skill and judgment, and without favour, affection, or partiality, shall be deemed sufficiently qualified to execute his office.

to take an

VIII. And all members of committees of inspection Members of and observation shall take the like oath, which any two committees members of such committees respectively are hereby oath. empowered to administer.

Powers of committee

IX. And whereas doubts may arise concerning the powers of the governour and privy council, to the great of safety, injury of the community, in this time of war and public transferred danger: Be it ordained, That, superadded, to the powers to governor given to the governour and privy council by the form of and council. government passed this convention, the governour, with the advice of the privy council, shall have and possess all the powers and authority given to the committee of safety by an ordinance appointing a committee of safety passed at Richmond, July 1775, or by any resolution VOL. IX.