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1776] A Council of State. 241 act as lieutenant-governor. But members of the Council, while holding that office, were incapable of sitting in the legislature. The constitution of North Carolina (1776) provided that the two Houses of the legislature should by joint ballot elect a governor for one year, who should not be eligible to that office during more than three out of six successive years. The two Houses should also elect in the same way seven persons to be a Council of State for one year, who should "advise" the governor in the execution of his office. No member of the Council could have a seat in the legislature; no judge of the Supreme Court or of Admiralty should have a seat in the legislature or in the Council. The governor and other officers might be prose- cuted if impeached by the legislature on presentment of the grand jury of any Court of supreme jurisdiction; by whom the cause was to be tried, was left to inference. The constitution of South Carolina (1778) to pass over the pro- visional constitution of 1776 provided that the two Houses of the legislature should choose by ballot, from among their own number or from the people at large, a governor, lieutenant-governor, and a Privy Council of eight members besides the lieutenant-governor. If the governor or lieutenant-governor chosen was a member of either branch of the legislature, he should vacate his seat there. A member of either House chosen to the Privy Council should not thereby lose his seat in such House, unless elected lieutenant-governor. The Privy Council was to " advise " the governor, but the governor was not bound to consult the Council unless directed by law. Impeachment of officers not amenable to any other jurisdiction was vested in the House of Representatives, and the senators and such of the judges as were not members of the House of Representatives were constituted a Court for trying impeachments. The lieutenant-governor and a majority of the Privy Council were to constitute a Court of Chancery. In Massachusetts, and in New Hampshire also, the Council was to be purely an advisory body to the executive alone; but its members in both States were to be elected annually by the legislature, on joint ballot of the two Houses. In Massachusetts the Council, to consist of nine persons, was to be elected from the senators just elected ; in New Hampshire the legislature was to elect two members of the Senate and three of the House of Representatives to the office. In both States impeachments were to be presented by the House and tried by the Senate. The constitution of Pennsylvania (1776) created a "supreme ex- ecutive Council," of twelve persons, to be elected by the freemen of the State, and to have a president and a vice-president. Vacancies might be filled by the legislature, unless the president and Council appointed an election to fill the same. No member of the legislature or of Congress should be chosen to the Council; but the president c. M. H. vii. CH. viii. 16