Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-02-25

.,,.a lv lag. ,-nvSde the mode IN which ;hesf
vo,. ar votes shall ~ such case be given: Pro |
vided. nevertheless. that the right OF suffrage |
shall not be exercised by sny person ofanssund
mind, or whe shall be a PanPer, or a non'com'
misssioned officer, soldier, seaman, or marine
in the service of the United States or Oy say
person convicted Of any infamous offence.
rs. In all elections in this commonwealth, to
any office or place Of trust, honor, OF rron''
the tote shalt be gwen openly, OF sfOe Oece'
ARTICLE Nv.
1. The chief executive power Of this COM
mons cath, shall be vested IN governsr, to
be elected by the joint vote Of the two houses
Of the general asfemtly.-He shall held his
Office, during the term ofihrce years, to CEN
nence on the first day of January next succeed
ing his election, or on such other Gay, rs may
from time to time, be prescribed by law; snd
he shall be Ineligible to that ofhce, TOT 'hiee
years next alter his term of service shall have
expired.
3. No person shall be eligible TO The office OF
governor, unless he shall have attained the age
OF thirty years, shall be native citizen OF the.
United States, or shall have heen citizen
thereof st the adoption Of the federal ccnstitu'
ton, and shall have been citizen OF this
commonwealth for five years next preceding
his election.
8 The governor shall receive FOR bis serv,'
ces a compensation to be fixed by law, which
shall be neither increased nor diminished, du'
ring bis con, inusnce in Office.
4 He shalt take care thstthe laws he faith
fully executed; shall com muGicate 10 the iegls'
iaturc. at every session, the condition OF the
commonwealth, and recommend 10 their con
sideratiop such measures as he may deem ex'
pedient HE shall be commander'in.chief ct
he land and naval forces Of the state He
shall have power to embody the militia, when
in his epinicn, the public safety shall require
IL; to convene the legislature, On appiica ION
of majority of the members OF the house OF
delegates, or when, ia his opinion, the inter
est If the commonwealth may require II; TO
grant reprisves and pardors, except where The
| prosecution shall have been carried on by the
heuse of delegates, or the law shall otherwise
particularly direct; to conduct, either in per-
sen, or in such manner as shall be prescribed
by law, all intercourse with other and toreign
states; and during the recess OF the Legislature,
to fill, pro lembore, all vacancies in those Off
ces. which it may be the duty of the legislature
I to fill permanently: - Provided, that bis ap
poinIments to such vacsncise shall be by COM
| missions to expire at the end Of the ncx' sue
ceeding session Of the general assembly.
| ). Theirs shall be council of state, to con-
| sist Of three members, any one or more oil
whom may act They shall be elected by joint
vote of both houses Of the general assembly ,
| and remain in office three years --Bnt OF those
FIRST elected enc, to be des'gnated by iof, shall
remain in office for one year only, and one OH
| err. to be designated IN like manner, shall re.
| main in sfiice fer Two years only Vacancies
| occurring by expiration OF the term Of service,
| or otherwise. shall be supplied by elections
made in ike manner. The governor shall, be
lore he exercises any discretionary power con-
| ferred on HIM by the constitution and laws re
qoire the advice OF the council OF state, which
| advice shall be registered IN books KEEP. tor
| that purpose, signed by the members present
and conserving thereto, and laid before the
general asse mSy when called tor by them
| Tbs council shall appoint their own clerk, who
shall take an oath 10 keep secret such matters
as he shall be ordered by the beafdto conceal
The senior councillor shall be lieutenant go.
vernon, and in case OF the death, resignation,
inability, or absence OF the governor from the
seat OF government, shah act as governor
6 The manner Of appointing militia officers
shall be provided for by law, but no officer be
! low the rank Of brigadier genets', shall be
appointed by the general assembly.
| z. Commissions and grants shall ron in the
name OF the commonwealth Of Virginia, and
bear es'e by the governor. With the seal Of
the commonwealth anne xed.
ARTICLE v.
1. The judicial power shall be vested in a
supreme court of appeals, in such superior
courts IS the legislature may from time 10 lime
ordain and establish, and The judges thereof,
IN the county courts. and in justices Of the
peace,-The legislature may also vest such IL.
risdiction as shall be deemed beee ssary in COR.
poration courts, and in the msgistra,s who may
belong 10 the corporate body. The ;urisdc
ton OF these tribunals, and of the judges there
OF, shall be regulated py law. The Judges OF
the supreme court of appeals and Of the snpe
rior courts, shall hold their Offices during good
behaviour. or until removed in he manner
prescribed in this constitution; and, shall at
the same time, held no other Office, appoint
ment, or public trust; and the acceptance
thereof by either OF them shall vacate his Iudi.
cial office.
2 No law abolshine any court shall be con
straed to deprive judge thereof Of his office,
unless twothrcs of the members of each house
present concur in the passing thereof; but the
legislature may assign other judicial duties to
the judges ct courts abolished by any law enac'
ted by less than two.thirds of the members of
each house present..
y. The present judges Of the supreme court
o. appeals, OF the general court. aud of the su
perier courts OF chsncery, shall remain in OF,
nee unti the Termination of the Sc ssion OF the
first legislature elected under this Constitution.
and no longer
T.. The judges of the supreme court Of ap.
peas, and OF the superior courts, shall be cleo,
ted oy thf Jo'st vote OF both houses Of ,he gen
eral ssse mbiy
). The judges of the supreme court of ap.
pea's, and o. the superior courts, shall re
. n Hs{ III l.