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APP. NO. 2.] African Memoranda. 431 munity, that the chief magistrate thereof be enabled to act with freedom of mind and dignity in his high office, we hereby secure to him full 11‘egovernor protection and indemnity in the exercise of all constitutional powers, and constitutional promise him at all times the same implicit obedience therein, that we have raeasulcs ’ promised to the future municipal laws of the legislative council. But as Sovereignty the sovereignty resides in the people, all' their magistrates, whether legis- recogmzed. 1 lative or executive, are responsible to them for their administration. It . is therefore provided, that if the governor and executive council, or any Governor members of it, in co-operation with the governor, transgress the limits t h e law. which by this constitution are assigned to the executive power, he or they shall be amenable to the law as follows : Art. XI. If any member of this community shall at any time think that the governor, or members of the executive council, has or have ex ceeded the power vested in him or them by this constitution; he may accuse the said governor, and members of the executive council who have concurred with him in the supposed illegal measure, before the legislative council, and in his or their presence, that they may have an Processofim- . — « . i * z* • i i •• — . peachinent. opportunity of replying; and it it be the opinion of the majority of the council, (except the governor and executive council, who shall have no votes upon this occasion), that there be sufficient cause of impeachment, then a high court shall be formed by the following means, viz. The High court people, who are not members of the council, if they be the accusing formed, party, shall elect from their own body, by ballot, five judges, of characters most remarkable for candour and intelligence ; and the legislative council shall elect from their body, and by ballot also, seven Judges, provided none of these be members of the executive council (who are hereby all declared incapable of being chosen, as well as to choose); but if the council be the accusing party, they shall elect five judges, and the people seven. These twelve judges shall sit in open court, to hear the allegations against the Open court, governor, or members of the executive council, to examine all witnesses that he or they may adduce in his or their behalf, and impartially to award judgment, according to the best of their understandings. But the said court shall not be competent to censure him or them, for any act that he or they may have done by virtue of this constitution. Be fore this tribunal is assembled, each member is to take a solemn oath members of