Page:Notes on the State of Virginia (1802).djvu/318

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304
APPENDIX.

The executive powers ſhall be exerciſed by a Governor, who ſhall be choſen by joint ballot of both houſes of aſſembly, and when choſen ſhall remain in office five years, and be ineligible a ſecond time. During his term he ſhall hold no other office or emolument under this ſtate, or any other ſtate or power whatſoever. By executive powers, we mean on reference to thoſe powers exerciſed under our former government by the crown as of its prerogative, nor that theſe ſhall be the ſtandard of what may or may not be deemed the rightful powers of the governor. We give him thoſe powers only, which are neceſſary to execute the laws (and adminiſter the government) and which are not in their nature either legiſlative or judiciary. The application of this idea muſt be left to reaſon. We do however expreſsly deny him the prerogative powers of erecting courts, offices, boroughs, corporations, fairs, markets, ports, beacons, lighthouſes, and ſea-marks; of laying embargoes, of eſtabliſhing precedence, of retaining within the ſtate or recalling to it any citizen thereof, and of making denizens, except ſo far as he may be authoriſed from time to time by the legiſlature to exerciſe any of theſe powers. The powers of declaring war and concluding peace, of contracting alliances, of iſſuing letters of marque and repriſal, of raiſing and introducing armed forces, of building armed veſſels, forts, or ſtrong holds, of coining money or regulating its value, of regulating weights and meaſures, we leave to be exerciſed under the authority of the confederation: but in all caſes reſpecting them which are out of the ſaid confederation, they ſhall be exerciſed by the gover-