Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-02-11

49,
lsnd shsA eRtitle tbem tss and the iep;ss...'%
shall, ny NV. provide he Doda 10 which we
vote - votes shalt 10 such case be eiven. eR
idea, nevertheless. that the right Of .nsr..Ho
shall nos be exercised by any person Of nnsss
m.hd, or whe snSu be Psuper, or q noa.eo.ea
misssicned sfiicer, soldier, seaman. or m.rss r
IN the service of Tn, United States. or n,
persen convicted Of any infamous offence. 'o'
a. IN aheiect'ons in this commonwealth
any Office or place Oh tru,.. sSror. =. 70
ehe vote shall be given openly, or v;,. front,
and not By ballot. Voc
ARTICLE Nv.
1. TIE chief executive povev ar az,
monseasth, shsII be vested in a govern. s0m'
oe elected BY The Joint vote Of the ,ra -
OF the general sssesnAiv,--He sh.It III sa
Office, duria The term c4ts..-- -" "o'd his
menc- On the fret day Of January a. ~ com
ing his election, OF on such "t'e, 'fsree@l
from time to time. be prescr'oeG ~
ne shall be Ineligible TO tns' on' Va"
years ne 4, after his term OF service shah hAH
expired
2. No person shall be eligible to The office d
governor, unless he shall have attained the age
Of thirty years, shall be native Citizen ct The
United States, or shall have heen cItizea
thereof at the adoption OF the federal constru'
ton, and shall have been citizen OF hin
commonwealth for FIVE years next preceding
his election.
3. The governor shall receive for his serv;.
ces a compensation TO be fixed by law, which
shall be neither increased nor drnaiois shed. On.
ring bis cent inuanc in sffce-
&. He shall take care that the laws he faith
fully executed; shall communicate to the Ieeir
lature, at every session, he condition Of ,hs
commonwealth, and recommend to their con,
sideration such measures as he may deem ey
pedien, He shall be csmmanderia.chef Of
the land and naval forces Of the stste.-r.
shall Lave power to embedy the militia, when
in his opinion, the public safety shall require
it; to convene the legislature, on apple aiion
OF q majority of the members o. the house
delegates, or when, in bs opiDien, the inter.
est Of the commonwealth rray require n; IA
grant reprieves and pardans, except where ths
prosecution shall have been carried en- ty Tho
house of dele gates, or the law shall otherwis
particularly direct; 10 conduct, either In per
son, or in such manner as shall be prescribed
by law, all intercourse with other and foreIgn
states; ard during the recess Of the Legislature
to fill. pro tembore, all vacancies in those Off
ces. which il may be the duty OF the Legislature
to fill permanently that bis sp.
poin, ments TO such vscsncise shall be by com.
missions to expire at the end Of The next suc.
ceeding session of the general assembly.
5. There shall be council of state, to cen.
whom may act They shall be elected by Joint
vote Of both houses Of the general assembly.
and remain in Office three years - Bur of those
first elected one, to Or designated by lo,. sh.u
remain in office for one ear only. and one 9th.
er. TO be designated in like manner, shall rel
MAN 10 sifice for two years only Vacancies
occurring by expiration eff the term OF service.
or otherwise, shall be supplied by elections
made IN like manner The governor shall be.
tore he exercises any discretionary !,ower cor
ferred on n n by the constitution and laws. re-
qn're The sdvice OF the council of stste, which
advice shall be registered 10 books KEEP. TO-
that purpose, signed by the mem he~s presenl
and conserving H,e-efo, ard iani before tho
general assembly vher called for by them
The council shall appon' their own clerk, who
shall take an oath to keep secret such matters
as he shah be ordered by the beard To conceal
The senior councillor shall be leuteasnt co.
vernon, aad in case OF the death, resignation,
inability. or absence OF the governor from the
seat OF government. sbsIl act as governor.
o The manner OF appointing militia Officers
STALL be provided fer by law. hut no efic.r be-
low the rank of a brigstiier general, shall "
APPOINTED by the general assembly.
z. Commissions sad grants shall run in Tho
name OF the commonwealth Of Virginia. and
bear 'es,e by the governor. With the seal Il
the commonwealth annexed.
ARTICLE v.
I. The judicial power shall be vested in q
snpreme court Of appeals in such superior
courts as the legislature may from time to time
oroam and establish and The udees thereof
m ene coun'v courts. and in justices Of tho
peace.-1he legislature may also vest such ia.
risoiction as shall be deemed necrs AZ, in cor
poraiion courts, and in the R,agistrs,s who ma,
belong 10 the corporate body The iarisdie.
ttsn OF these tribunals, and of the Judges there.
~, shall be regulated b, law The Judges Of
tne supreme court of appeals and Of the supe.
rsor courts. shall hold their Offices during good
behaviour, or until removed in the msnnc,
prescribed in this constitution; and, shall Il
the saHie time. hold no other Office apooiot.
ment, or public trust; and the accep tsncs
thereof by either Vt them shsil yacate his ,udi
cial Office.
No law abolishing any court shall Be con.
s'faeo 10 deprive judge thereof Of his Office,
oh'ess twc'thIrds OF the members Of each house
present concur in the Passing thereof; but ,bs
legislature may assign other judicial duties to
.be JUDGES ct courts abolished by any law enac
'eo ny less than two'thirds Ut the members Of
each house present
%. Inc present judges Of the supreme court
OF apPesia, otthe general court, and of the su
perioF courts OF chancery, shall remain in Of
nee uhni toe termination Of The session Of the
nfst legislature elected under this constitution,
and no longer
O. The judges of the supreme court of 90.
peais, and OF the superior courts. shall be cleo.
ted by the joint vote Of both houses Of the gen.
ersl assembly.