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There shall be a Council of State, to consist of three members, any one or more of whom may act. They shall be elected by joint vote of both Houses of the General Assembly, and remain in office three years. But of those first elected, one, to be designated by lot, shall remain in office for one year only, and one other to be designated in like manner, shall remain in office for two years only. Vacancies occurring by expiration of the term of service, or otherwise, shall be supplied by elections made in like manner. The Governor shall, before he exercises any discretionary power conferred on him by the Constitution and laws, require the advice of the Council of State, which advice shall be registered in books kept for that purpose, signed by the members present and consenting thereto, and laid before the General Assembly when called for by them. The Council shall appoint their own Clerk, who shall take an oath to keep secret such matters as he shall be ordered by the board to conceal. The Senior Councillor shall be Lieutenant Governor; and, in case of the death, resignation, inability or absence of the Governor from the seat of Government, shall act as Governor.
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A Privy Council, or Council of State, consisting of eight Members, shall be chosen by joint Ballot of both Houses of Assembly, either from their own Members or the People at large, to assist in the Administration of Government. They shall annually choose out of their own Members, a President, who, in case of death, inability, or absence of the Governour from the Government, shall act as Lieutenant-Governor. Four Members shall be sufficient to act, and their Advice and proceedings shall be entered on Record, and signed by the Members present, (to any part whereof any Member may enter his dissent,) to be laid before the General Assembly, when called for by them. This Council may appoint their own Clerk, who shall have a Salary settled by Law, and take an Oath of Secrecy in such matters as he shall be directed by the Board to conceal. A sum of Money appropriated to that purpose shall be divided annually among the Members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of sitting in either House of Assembly. Two Members shall be removed, by joint Ballot of both Houses of Assembly at the end of every three years, and be in eligible for the three next years. These Vacancies, as well as those occasioned by death or incapacity, shall be supplied by new Elections, in the same manner.