Founding America (Barnes & Noble Classics) - Jack N. Rakove [58]
The Delegates for Virginia to the Continental Congress shall be chosen annually, or superseded in the mean time by joint Ballot of both Houses of Assembly.
The present Militia Officers shall be continued, and Vacancies supplied by appointment of the Governour, with the advice of the privy Council, or recommendations 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 for 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.
The two Houses of Assembly shall, by joint Ballot, appoint judges of the supreme Court of Appeals, and General Court, Judges in Chancery, Judges of Admiralty, Secretary, and the Attorney-General, to be commissioned by the Governour, and continue in Office during good behaviour. In case of death, incapacity, or resignation, the Governour, with the advice of the privy Council, shall appoint Persons to succeed in Office, to be approved or displaced by both Houses. These Officers shall have fixed and adequate Salaries, and, together with all others holding lucrative Offices, and all Ministers of the Gospel of every Denomination, be incapable of being elected Members of either House of Assembly, or the privy Council.
The Governour, with the Advice of the privy Council, shall appoint Justices of the Peace for the Counties; and in case of Vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation 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 before directed, and the Clerks by the respective Courts. The present and future Clerks shall hold their Offices during good behaviour, to be judged of and determined in the General Court. The Sheriffs and Coroners shall be nominated by the respective Courts, approved by the 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.
The Governour, when he is out of Office, and others offending against the State, either by Mal-administration, Corruption, or other Means, by which the safety of the State may be endangered, shall be impeachable by the House of Delegates. Such impeachment to 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 disabled to hold any Office under Government, or removed from such Office Pro tempore, or subjected to such Pains or Penalties as the laws shall 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 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