VII. A President or Chief Magistrate shall be chosen by joint ballot of both Houses, to be taken in the House of Affembly, and the box examined by the Speakers of each House in the prefence of the other Members; and in case the numbers for the two highest in votes fhould be equal, then the Speaker of the Council fhall have an additional cafting voice, and the appointment of the perfon who has the majority of votes fhall be entered at large on the minutes and journals of each House; and a copy thereof on parchment, certified and figned by the Speakers refpectively, and fealed with the great feal of the State, which they are hereby authorised to affix, fhall be delivered to the perfon fo chofen Prefident, who fhall continue in that office three years, and until the fitting of the next General Affembly and no longer, nor be eligible until the expiration of three years after he shall have been out of that office. An adequate but moderatę falary shall be settled on him during his continuance in office. He may draw for such fums of money as shall be appropriated by the General Affembly, and be accountable to them for the fame. He may, by and with the ad1317

vice

vice of the Privy-council, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recefs of the General Affembly. He shall have the power of granting pardons or reprieves, except where the profecution fhall be carried on by the House of Affembly, or the law shall otherwife direct; in which cafes no pardon or reprieve fhall be granted, but by a refolve of the House of Affembly; and may exercise all the other executive powers of government, limited and restrained as by this Constitution is mentioned, and according to the laws of the State. And on his death, inability, or abfence from the State, the Speaker of the Legiflative Council for the time being shall be Viceprefident; and in cafe of his death, inability, or absence from the State, the Speaker of the House of Affembly fhall have the powers of a President, until a new nomination is made by the General Affembly.

VIII. A Privy-council confifting of four Members shall be chosen by ballot, two by the Legislative Council, and two by the House of Affembly provided, that no regular officer of the army or navy in the fervice and pay of the Continent, or of this or of any other State,

fhall

fhall be eligible. And a Member of the Legiflative Council or of the Houfe of Affembly being chofen of the Privy-council, and accepting thereof, fhall thereby lose his feat. Three Members shall be a Quorum, and their advice and proceedings fhall be entered on record, and figned by the Members prefent, (to any part of which any Member may enter his dif fent) to be laid before the General Affembly, when called for by them. Two Members fhall be removed by ballot, one by the Legiflative Council, and one by the House of Affembly, at the end of two years, and those who remain the next year after, who shall severally be ineligible for the three next years. Thefe vacancies, as well as thofe occafioned by death or incapacity, shall be supplied by new elections in the fame manner. And this rotation of a Privy-councillor fhall be continued afterwards in due order annually forever. The Prefident may by fummons convene the Privy-council at any time when the public exigencies may require, and at fuch place as he fhall think moft convenient, when and where they are to attend accordingly.

IX. The Prefident, with the advice and consent of the Privy-council, may embody the

the

the militia, and act as Captain-general and Commander in Chief of them, and the other military force of this State, under the laws of the fame.

X. Either House of the General Affembly may adjourn themselves refpectively. The Prefident shall not prorogue, adjourn, or disfolve the General Affembly; but he may, with the advice of the Privy-council, or on the application of a majority of either House, call them before the time to which they shall stand adjourned; and the two Houses fhall always fit at the fame time and place; for which pose, immediately after every adjournment, the Speaker of the Houfe of Affembly fhall give notice to the Speaker of the other House of the time to which the Houfe of Affembly stands adjourned.

pur

XI. The Delegates for Delaware to the Congress of the United States of America, shall be chofen annually, or fuperfeded in the mean time, by joint ballot of both Houses in the General Affembly.

XII. The Prefident and General Affembly shall by joint ballot appoint three Justices of the Supreme Court for the State, one of whom shall be Chief Justice and a Judge of Admiralty;

and

and also four Justices of the Courts of CommonPleas and Orphans Courts for each county, one of whom in each Court fhall be ftiled CHIEF JUSTICE (and in cafe of divifion on the ballot, the Frefident shall have an additional casting voice), to be commiffioned by the President under the great feal, who shall continue in office during good behaviour; and during the time the Juftices of the faid Supreme Court and Courts of Common-Pleas remain in office, they fhall hold none other except in the militia. Any one of the Justices of either of faid Courts fhall have power, in cafe of the non-coming of his brethren, to open and adjourn the Court. An adequate, fixed, but moderate falary fhall be fettled on them during their continuance in office. The Prefident and Privycouncil fhall appoint the Secretary; the Attorney General; Regifters for the Probate of Wills, and granting letters of administration; Regifters in Chancery; Clerks of the Courts of Common-Pleas and Orphans Courts and Clerks of the Peace; who fhall be commiffioned as aforefaid, and remain in office during five years, if they behave themfelves well, during which time the faid Regifters in Chancery and Clerks

fhall