Table of Contents List of Archives Top of Page
Previous   Next

Berkeley, Bartholomew Dandridge, Thomas Nelson, and Charles Carter of Shirley, Esquires, be the Privy Council of this Commonwealth, until the end of the succeeding session of Assembly after the last day of March next.

An Ordinance for erecting Salt Works in this Colony, and for encouraging the making of Salt, was read a second time.

Ordered, That the said Ordinance be fairly transcribed, and read a third time.

Ordered, That leave be given to bring in an Ordinance prescribing the Oaths of Office to be taken by the Governour and Privy Council of the Commonweath of Virginia; and that Mr. George Mason, Mr. Richard Henry Lee, Mr. Treasurer, and Mr. Wythe, do prepare and bring in the same.

Ordered, That Mr. Blair, Mr. Holt, and Mr. Jones, be added to the Committee appointed to bring in an Ordinance to amend an Ordinance intituled An Ordinance for prescribing a mode of punishment for the enemies of America in this Colony; and that the Committee receive a clause or clauses to appoint other Judges in the room of the Judges therein named, two of whom are promoted to other offices, and the third hath resigned.

Ordered, That Mr. Farmer have leave to be absent from the service of this Convention for the remainder of the session.

Resolved, That the salary of the Attorney-General of this Commonwealth be £200 per annum.

Resolved, That Edmund Randolph, Esq., be appointed to the said office of Attorney-General, to continue therein until the end of the succeeding session of Assembly after the last of March next.

The Orders of the Day, for the Convention to resolve itself into a Committee on the Ordinance to enable the present Magistrates and Officers to continue the administration of justice, and for settling the general mode of proceedings in criminal and other cases till the same can be more amply provided for, on the state of the Colony, and for a call of the Convention, being read,

Ordered, That the same be put off till Monday next.

Ordered, That Moses Riggs be discharged from his confinement in the publick Jail.

Adjourned till Monday, ten o’clock.


Monday, July 1, 1776.

Mr. George Mason, from the Committee appointed to wait upon the Governour, and to notify his appointment to him, informed the Convention they had accordingly waited on him, and that he was pleased to return the following Answer to the Convention:

“GENTLEMEN: The vote of this day appointing me Governour of this Commonwealth has been notified to me in the most polite and obliging manner, by George Mason, Henry Lee, Dudley Digges, John Blair, and Bartholomew Dandridge, Esquires.

“A sense of the high and unmerited honour conferred upon me by the Convention fills my heart with gratitude, which I trust my whole life will manifest. I take this earliest opportunity to express my thanks, which I wish to convey to you, gentlemen, in the strongest terms of acknowledgment.

“When I reflect that the tyranny of the British King and Parliament hath kindled a formidable war, now raging throughout this wide-extended Continent, and in the operations of which this Commonwealth must bear so great a part, and that, from the events of this war, the lasting happiness or misery of a great proportion of the human species will finally result; that, in order to preserve this Commonwealth from anarchy, and its attendant ruin, and to give vigour to our councils, and effect to all our measures, Government hath been necessarily assumed and new-modelled; that it is exposed to numberless hazards and perils in its infantile state; that it can never attain to maturity or ripen into firmness unless it is guarded by affectionate assiduity, and managed by great abilities; I lament my want of talents, I feel my mind filled with anxiety and uneasiness to find myself so unequal to the duties of that important station to which I am called by the favour of my fellow-citizens, at this truly critical conjuncture. The errors of my conduct shall be atoned for, so far as I am able, by unwearied endeavours to secure the freedom and happiness of our common country.

“I shall enter upon the duties of my office whenever you, gentlemen, shall be pleased to direct; relying upon the known wisdom and virtue of your honourable House to supply my defects, and to give permanency and success to that system of Government which you have formed, and which is so wisely calculated to secure equal liberty and advance human happiness.

P. H.ENRY, Junior.”*

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 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.

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 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 he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause.

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. Indictments shall conclude, Against the peace and dignity of the Commonwealth.

A Treasurer shall be appointed annually by joint ballot of both Houses.

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.

The territories contained within the Charters erecting the Colonies of Maryland, Pennsylvania, North and South-Carolina, are hereby ceded, released, and for ever confirmed to the people of those Colonies respectively, 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 Potomack and Pokomoke, 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, one or more Territories shall hereafter be laid off, and Governments established westward of the Alleghany Mountains. And no purchase of lands shall be made of the Indian natives but on behalf of the publick, by authority of the General Assembly.

In order to introduce this Government, the Representatives of the people met in Convention shall choose a Governour and Privy Council, also such other officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate 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.

*To His Excellency PATRICK HENRY, Jun., Esq., Governour of the Commonwealth of VIRGINIA.

The humble Address of the First and Second VIRGINIA Regiments:

MAY IT PLEASE YOUR EXCELLENCY: Permit us, with the sincerest sentiments of respect and joy, to congratulate your Excellency upon your unsolicited promotion to the highest honours a grateful people can bestow.

Uninfluenced by private ambition, regardless of sordid interest, you have uniformly pursued the general good of your country, and have taught the world that an ingenuous love of the rights of mankind, an inflexible resolution, and a steady perseverance in the practice of every private and publick virtue, lead directly to preferment, and give the best title to the honours of an uncorrupted and vigorous State.

Once happy under your military command, we hope for more extensive blessings from your civil administration,

Interested, as your Excellency is, in some measure, with the support of

Table of Contents List of Archives Top of Page
Previous   Next