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IVIaps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent 6tre filmAs A des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, II est film* A partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 I¥ m I I u I T H S CONSTITUTJ ONS Ot THB SBVKRAL INDEPENDENT STATES ■o p AM E R I C A ; THE Declaration of Independence; THE ARTICLES o? CONFEDERATION BETWEEN THE SAID STATESj • THE TREATIES between HIS MOST CHRIS^TIAN MAJESTit and 4he UNITED STATES of AMERICA. •*ri^^-B*Miit eighteen months ago, an or- der was iflbed by th^ Congrcfs fpr printing cor- ' red copies of the above pieces. Why the Con- gress diredcd a fniall number to be published, is not faid; only two hundred copies arc cxprefled in their order, which were diftributed, fomc months ago, to the principal men in America, . und a few were fent over to Europe. One of thefe copies having fallen into the Editor's hands, he thinks the reprinting of it will not prove un- acceptable to the public, as the Colle<5tion here fnentii^ned'may beconfidered as the Magna Cbarta of the United American States, as the code of their fundannental laws, and in (hort, the book which the oppofite parties among them will at all times claim in fome ihape or other, and the knowledge of which is therefore nece/Tary to fuch perlbns as wi(h to under(land the preifenC- er future internal American politics.. In framing their refpedive Conftitutions, each Colony has followed its own particular views j from which it has refulted that their Govern* ments.are all diiFerent from one another. In the * Colony of Pennfylvania, for inftance, they have efpecially direded their endeavours, not only to- wards eflabli(hing public frugaliiy, but alfo to- wards preventing too much power of any kind falling fnto the hands of any individual j while the Colony of Maffachufetts have ihewn in that refped much greater confidence, and have allow- ed the Governor of their Commonweals b a degree of power at leaft equal to that pofleflcd by the 'Stadtholder, in the Dutch Government: only; he IS to be chofen annually. In regard to the State EDI*rOR»i ADVERTISEMENT. vS ^tate of Rhode-Iflandy as they already formed^ before the American Revolution, a kind of in- dependent Republic, through the cefTion that had been made by Charles the Second to their Gover^ nor and Company t oi z\\ powers legiflative, exe- cutive, and judicial, they have continued to ad-> mit their original Charter as the rule of their Go* vernment; and it has accordingly been inferted among the Conflitutions of the othei' United States. ' it may be remarked, in refpedt to the Attie- Hcan Republican Governments j that they differ in two very dTential points from the ancient Gre*- cian and Italiaii Commonwealths, as well as from the modern European ones, which were all framed on the model of thefe : One, is the circumftaoce of the People being reprefented^in the new Ame- rican Republics ; and the othcir, is the divifion of the Legiflature into two didindt feparate bo- dies, that takes place in thtm, and which they have adopted, as well as many other efTential re^* gulations, from the British form of Government. The precedency among the different American States, like that which obtains among the Helve- tian Cantons and the Dutch Provinces, has not been fettled from their re fpcdive degrees of power and importance, but from the time of their exiftence, and the dates of their charter. The Treaty of perpetual Confederation between them, which is inferted in this book, may be confidered as the law, or code, by which the United States are intended to be confolidatcd into one common Republic ; and as the different par- - ■ ticular via EOlTOR'a AD VERTlSPM'BNt. ticular Con/lirutions are to govern the dificrent rcfpcdivc States, Co the Treaty is the Conftitu- tion, or mode of Government, for the coUe^ive North-American Commonwealth. The copy of this Treaty, which is thcmoft interefting part of the Collection, has accordingly been placed at tfie beginning of this new edition, together with jthe Declaration of hidependencct which may be cphli- dcrcd as the ground-worfc of the wholc-prcfcnt American political fyflem. This difpofition, which is that exprefled in the order iffued by the Congrefs, is alfo the, moft natural; and it has ■been rather improperly that the Committee ap- pointed to form the Collection, have inferted thefe two pieces at the end of the book. Junt 15, 178R ;i ^ > • -U In CONG RES S^, J,V t*v 4, 1776, ■ . ♦ ■• » ■ A E C L A R AT 10 N BV T H.I , .. - . REPRESENTATIVES O P T H E NITED STATES of AMERICA, In congress ASS£MBL|:0. 'HEN, in the'courfe of human events, it becomes nectt- fary for one people to diflblve the political bands which hal^e conne^ied them with another, and to aHume among powers of the earth the feparate and equal (lation to which ^e laws of nature and of nature's God entitle them, a decent ifpeA Co the opinions of mankind requires that they fliould de- jare the caufes which impel them to the reparation. We hold thefe truths to be felf-evident ; that all men are rcated equal } that they are endowed by their Creator wif h cer- [in unalienable rights ; that among thefe are life, li berry, and : purfuic of happinefs j that to fecure thefe rights governments inftituted among men, deriving their juft powers from the con- [nt of the governed ; that whenever, any.form of government be- )mes deftru£live of thefe ends, it is the right of the people to alter to abolifli it, and toinftitute new government, laying its foun- ition on fuch principles, and organizing^ its powers in fuch >rm, as to them (hall feem moft likely to eireut their fafety.and ippinefs. Prudence, indeed, will diiSlate that governments long bblifhed fhouid not be changed for light, and tranfient cauies.; Id accordingly ail experience hath fhcwn^ that inankind are lore difpofed to fuffer while evils ure fufljrable, than to right lenifelvcs by abolishing the forms to which they are accuftumed. lut when a long train of abafcs and ufurpations, pur^aiaLiiAv'a- ' J^ ' / * ' -Jl*iably ' 1 ■\ ''i\ l! -^ » DECLARATION OF INDEPENDENCE. yiably the fame objea, evinces a defi|n to reduce them under abfolute defpotifm, it is their right, it is their duty, to throw off fuch government, and to provide new guards for their future fecurity. Such has been the patient fufFerance of thefe Colonies j * and fuch is now the neceffity which conftrains them to alter their former fyftems of government. The hiftory lof the prefent king of Great-Britain is a hiftory of .repeated injuries and ufur,pation8, all having in direct objeft the eftablifliment of an abfolute tyranny over thefe ftates. To prove this, let fails be fubmitted to a candid world. Hehas'refufed his aifent to laws the moft wholefome and ne- cefTary for the public grod. He has forbidden his governors to pafs laws of immediate and preifing importance, unlefs fufpended in their operation till his aflent Siould be obtained ; and when fo fufpended, he has utterly lieglc£led to attend to them. He'has refufed to pafs other laws for the accommodation of large diftrids of people, unlefs thofe people would relinqu'rfh the right of reprefentation in the legiflature, a right ineiiiimable to them, and formidable to tyrants only. He has called together leefflative bodies at places unufual, un- comfortable, and vdii^int Kom the depofitory of their public records, for the fole purpofe of fatiguing them into compliance 'with his meafures. He has diflblved reprefentative houfes repeatedly, for oppoilng with manly ^rmnef^ his invafions on the rights of the people. He has refufed, for a long time after fuch diflblutions, to caufe others to be eleiSled ; whereby the legiflative powers, incapable of annihilation, have returned to the people at large for their exer- cife ; the ftate remaining in the mean time expofed to all the danger of tnvafion from without, and convulfions within. ^ He has endeavoured to prevent the population of thefe dates ; for that 'purpofe obi^ruAing the laws for naturalization of fo- reigners ; refufmg to pafs others to encourage their migrations hither} and raifing the conditions of new appropriations of lands. He has ohftru<5ted the adminiftrationf of juftice, byiefuftng his aflent to laws for cftablrfliing judiciary powers. He has made juJges dependent on his will alone for the tenurf of their offices and the amount and payment of their falaries. He haseceded a multitude of new offices, and fent hither fwarmt of officers to harrafs our people and eat out their fubftance. He has kept among us, in times of peace, (landing armies, without the confent of our legiflztures. - He has afFe6ted to render the military independent of, and fu* perior to, the civil power. He has combined with others to futje^ us to a jurifdi^ion foreign to our conftitutioit, and iin-aclcnowledged by our laws; giving his aflent to their aAs of pretended legiflation : • 3 For fome and ne- ent of, and fa- DBCLARATION OP IBrDEPENDIENCE. j For quartering large bodies of armed troops among us : For prote^^ing them, by a mock trial, from puntfhment for any murders which thev ihould commit on the inhabitants of th^fc ftites : For cutting oflT our trade with all parts of the world : For impoHng taxes on us without our cbnfenc : For depriving us, in many cafes, of the benefits of trial fay jury : For cranfporting us beydnd feas t6 be tried for pretended of- fences : For abolifliingthe free fyftem of Engliih laws in a neighbour- in? province, eftablifliing therein an arbitrary government, and enlarging its boundaries, fo as to render it at once an example and . fit inftrument for introducing the fame abfolu«e rule into thefe ['colonics: " For taking away bur charters, aboliflltng our moft valuable ]aws,and altering fundamentally the forms of our ^vernments : ' For fufpending our own l^giuatures, and" declarmg themfelves invefted with power to legiflate for us in all cafes whatfoever. He has abdicated government here, by declaring us out of his, protedion, and waging war againft us. He has plundered our feas, ravaged ourcoafts^ burnt our townt^ and deftroyed the lives of our people* He is, at this time, tranfporting large armies of foreign merce- naries to complete (he works of dc^ath, defolation, and tyranny, al* . ready begun with circumftances of cruelty and perfidy fcarcejy paraljeled in the moft barbarous ages, and totally unworthy the head of a civilized nation. * He has conftrained our fellow-citizens, taken captive on the " [high feas, to bear arms agaihft their country, to become the exc- icutioners of therr frifsnd^ and brethren, or to fall thcmfelvc. by [their hands. He has excited domeftic ififurre^lions amongft us, and has en- ideavoured to bring;on the inhabitants of our frontiers, the mer- |Cilefs Indian favages, whofe known rule of warBire is aa undi« Iftinguiflied deftruaionof all ages, fexes, and conditions. I In every ftag< of thefe oppreffions we have petitioned for redrfefs [in the moft humble terms : our repeated petitions have been an- swered- only by repeated injury. A' prince whofe charadler is thus marked by every zQl which mfiy define a tyrant, is unfit to be the* [rulerof afree peo[^le. ' , Nor have we b^eji wanting to our Britiib brethren. We have hvarned them from time to time of attempts made by their legifla« Tture to extend aq unwarrantable juriAliaion over us> We have Reminded them'of the frifcun^ftances of our emigration and fettle- lent here. We have appealed to their native juftice and magna- limity, and we h4ve conjured them, by the ties of our common [kindred, to difavow thefe ufurpations, which would inevitably f^ntferrupt oiir conne^iiofis and correfpondence. They, too, have •Pi- been M I, < I 4, DECLARATION OF INDEPENDENCE. 'been deaf to the voice of juftice and confanguinity. We muff, therefore, acquiefce in the neceffity which denounces oiur repara- tion, and bold them, as we hold the reft of mankind, enemies in war, in peace friends. . .. • We, therefore, the Reprefentatives of the United States of America, in General Congrefs aiTembled, appealing to the Su- preme Judge of the world for the reditude of our intentions, do, jn the name and by the adthoritv of the good people of tbefe colo- nies, folemnly publifh and declare. That thefe United Colonies are, and of right ought to be. Free and Independent States ; that th^y'are abfolved from all allegiance to the Britifli crown, and that all political conne6lion between them and the ftateofGreat- firilain is, and ought to be, totally diflblved j and that as Free and Independent States, they have full power 'to levy war, con- clude peace, contrail alliances, eftablifli commerce, and to do all other ads and things which independent ftates may of right do. And for the fupport of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our facred honour* JOHN HANCOCK. N£W-Hampshirk, Massachusetts-Bay, Rhode-Island, t^e. Connecticut, New-Yojik, New-JbhseV|. {Jojiah BartUttf L Matthew Thornton, {Samutt Adamt^ John^Adamti Kobirt Treat Pai'ne^ Elbridge Gerry, C Stephen Htphim^ imUiamEilery. {Roger Sherman^ Samuel HuntingtoH^ miliam mUims, Oliver ff^alcott, I [ miliam Floy dy J Philip Living/Ion^ 1 Francis Lewu^ *• Lttuii Morris* {Richard Stockton^ John H^ithirfpoany Francis Hopkinfm, John Hart, Abraham Clarke FfiNNSYLVANiA, ited States of g to the Su- itentions, do, of thefe colo- tited Colonies NT States; (h crown, and [(ate of Great- d that as Free evy war, con« and to do all y of right do. m reliance on >ledge to each r. Pennsylyania, Delaware, Marvland, North-Carolina, South-Carolina, Georgia, DECLARATION OF INDEPENDENCE. 'Robert Morris, Benjamin Rujh, Benjamin franklin, yohn Morion, \ Georgt Clymer, James Smith, George Taylor, James JVtljon, Gtorge Rofs. Cafat Rodney, ' , George Read, - ^ {Samuel Chafe, IViUiam Paca, - ' Thomas Stone, Charles Carroll, ofCarolUoth f-George fVythe, _ IRich'jrd fienry Lee, , Thomas Jffferfon, . < Benjamin tiarrifon, , ...' \ Thomas hi elf Qn^]wx\, I Franiis Lightfoot Ltf, y- Carter Braxton^ r fVilUam Hooper, I J^fiP^ Hewes^ L John Penn, {Edward RutUdge, TIjomas Hayward, jun. Thomaf Lynch, juri, Arthur Middleton, {Button Gwinnett, Lyman Hall, George fValton* ARTICLES KNNStLVANIA, *«•• ( 6 ) . A R T I C L E S .. " ■" "OF ■ ■ -■' - CaNFEDERATION and PERPETUAL UNIO» , , B IT WEEN. - . * The States of I^tw-Hampjbin, MaJacbu/tttt-Bsjis Rhadt-IJUmi^ and Prvuidtnct Plahtatim, C^mt^icut, New- York^ New-Jtrfty^ ^ Tfnnjyhanie, Dtlawart^ Maryland, Virginia, Ntrtb'Carolina^ Sputb-Caroliaa, iokd Georgia, Jft-Z/V^ I. T^HE ftilc of this confederacy fhaU be, ** United J. States of JmiriM,** Art, Il.f Each ftate retains its fovereignty, freedom, and inde* pendence, and tsery power, jurifdi^ion, and right, which is not by this confederation exprefsly delegated to the united (lates in , congrefs aflembled. ^rf. 111. The faid ftates hereby feverally enter into t firm league of frlendihip with each other, for their common defence, th&fccurity of their liberties, and thbir mi^tual and general wel- fare, binding>themfelves to affift each other againft all force oflPered to, or attacks made upon them, or any of them, on account of religion, fovereignty, trade, or any other pretence whatever. Jtrt.lW. The better to fecure and perpetuate mutual friend- Ihip and intercourfe.among the people of the different ftates in this union, the free inhabitants of each of thefe ftates, paupers^ vagabonds, and fugitives from juftice excepted, (hall be entitled to all privileges and immunities of free citizens in the feveral ftates ; and the people of each ftate (hall have free in* grefs and regrefs to and from any other ftate, and ftiall enjoy therein all the privilf|es of trade and commerce, fubjed to the fame duties, impofttions, and reftridions, as the inhabitants thereof refpe^ively, provided that fuch reftri£lions fliall not ex- tend fo far as to prevent the removal of property imported into any ftate to any other ftate of which the owner is an inhabitant ; pro* vided alfo that no impoHtion, duties, or reftridiion, fliall be laid by 'any ftate on the property of the united ftates, or either of , them. * ' If any perfon guilty of or tharged with treafon, felony,' or crther high mifdemeanourin any ftate, ftiall flee from juftice, and be found in any of the united ftates, he fliall, upon demand of the eoveriior or executive power of tHe ftate from which he iled, be delivered ARTICLES OF CONPBDERAl^ION. . 7 delivered up and removed to the ftate having jurifdidiion of hit ofl^nce. Full faith and credit (hall be given in each of thefe ftates to thtt records^ a6ls,' and judicial proceedings of the courts and magi> ftrates of every other ftate. Art. v. For the nu>re convenient management of the general interefts of the united ftates, delegates fliall be annually appointied in fuch manner as the leeiflature of each ftate ihall dired^, to meet , in congrefs on the iirft Monday in November of every yeaUr, with a power referved to each ftate to recal its delegates, or any of them* at any time within the year, and to fend others in their ftead, for the remainder of the year. No ftate ftiall be reprefe(ited in congrefs by lefs than two, jior more than feven, members ; and no perfon fhzW be ' capable of being a delegate for more than three years, in any term of flx years ; nor fliall any perfon, being a delegate, be capable of hold- ing any office under the united ftates, for which he, or any other for his benefit, receives any falary, fees, or emolument, of any kind. Each ftate fliall maintain its own delegates in a meeting of the ftates, and while they a£l as members of the committee of the ftates. In determining queftions in the united ftates in congrefs af* fembled, each ftate fliall have one vote. Freedom of fpeech ^n^ debate* in congrefs fliall not be im- peached or queftioned in any court or place out of congrefs, and the members of congrefs fliall be protei£led in 'their perfons fron v arrefts and imprifonments during the time of their going to and from and attendance on congrefs, except for trea(on, fjHony, oc breach of the peace. ' k AruVl. Noftatej wichout the confent of the united ftates \n*^ congrefs afl^embled, fliall fend any embafty to,.or receive any em- ■ *- bafly 'from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or ftate ; nor fliall any perfon holdmg any office of profit or truft under the united ftates, or any of them, accept of any prefent, emolument, office, or title^ of any kind whatever, from any king, prince, or foreign ftate.; nor • fliall the united ftates in congrefs aftembled, or any of them, grant any title of nobility. < , .^ * .2. No two or more ftates fliall enter into any treaty, confede* ration, or alliance whatever between them, without the confent of the united ftates in congrefs affembled, fpecifying accurately the purpofes for which the fame is to be enterea into, and how long it fliall continue. 3. No ftate fliall lay any impofts or duties which may interfere with any ftipul^itions in treaties, entered.into by the united ftates in congrefs affembled, with any king, prince, or ftate, m pur- fuance of any treaties already propofed by congrefs to the courts of France and Spain. 4.Np 'i \ 1 i I, 4 i - t ARTICLES OF CONFEDERATION. 4. No veffels of war fhall be kept up in time of peace by any ftate, except fuch number only as fhall be ^eemed neceflary by the Vnited ftates in congrefs afTemblcd fpr the defence of fuch ftate^ ^ or its trade y nor fliall any body of forces be kept up by any ftate^ ia time of peace, except fuch number only as In the judgement of the united ftates in congrefs afiembJed ihall be deemed requiHte to garrifon the forts neceflary for the defence of fuch ftite ; but every ftate (hall always keep up a well-regulated an(| difciplined militia, fufficicntly armed and accoutred, and (hall provide and conftantly have ready for ufe, in public (lores, a due number of ^ field-pieces and tents, and aproperquantity of arms, ammunition* and camp equipage. 5. No (late (hail engage in any war without the confent of the united ftates in congrefs afTembled, unlefs fuch (late be a^ually inVaded by enemies, or (hall have received certain advice of a refo- Jution being formed by fome nation of Indians to invade fuch fiate, and the danger is fo imminent as not to admit of a delay ' till the united ftates in congrefs aflembled can be confulted : ncr ihall any ftate grant commiffions to any fhips or vefTels of war, nor letters of marque or reprifal, except it be after a declaration of. war by the united ftates in congrefs afTembled, and then ofnly againft the kingdom or ftate and the fubje«Sls thereof againft which war has been fo declared, and under fuch regulations as fhall b6 eftabli(hed by the united ftates in congrefs aftembled, unlefs fuch flate be infefted by pirates, in which cafe ve(rels of war may be fitted out for that pccafion, and kept fo long as the danger (ball continue, or until the united ftates in congrels aftTemblcd fhall de- termine othcrwife. Jrt. VII. When land-forces are raifed by any ftate for the com- mon defence, all officers of or under the rank of colonel fhall be appointed by the legidature of each ftate refpe(5lively by whom fuch forces (hall be raifed, or in fuch manner as fuch ftate fliall . dire6>, and all vacancies (hall be filled up by the ftate which fir ft made the appointment. jrt. VIH. All charges of war, and all other expenccs that fhall be incurred for the common defence or general welfare, and allowed by the united ftate? in congrefs aflembled,. fhall be de- frayed out of a common treafury, which fhall be fupplied by the fevtral ftates; in proportion to the value of all land within each ^ ftate, granted to or furvey. d for any perfon, as fuch land and the buildings and improvements thereon fh.ill be cftimated, according; to fuch mode as the united ftates in congrefs aflembled (hall from time to time direft and appoint. The taxes for paying that pro- potion fliall be laid and levied by the authority and direction of the Icgiflaturesof the feveral ftates within the time agreed upon by theunited ftates in congrefs aflembled. ^ Jrt. iX. The united ftates in congrefs aflembled fhall have the fole and cxclufive right and power of determining on peace and war, wc!Fait\ and ' ARTICLES OF CONFEDERATION. 9 wafi except in the cafes mentioned in the fixth article ; of (bnd.- ing and receiving ambafTadors ; entering into treaties and alliances, ■ provided that no treaty of commerce (hall be made, whereby the, legiflative power of the refpedlive fta^es (hall be reftrained from- limpofing fuch impofts and duties on foreigners, as their own Ipeople are fubjei^ed to, or from prohibiting the exportation or importation of any fpecies of goods or commodities whatfoever ; )f eftablifliing rules for deciding in all cafes, what captures on land or water (hall be legal, and in what manner prizes taken by land or naval forces in the fervice of the united lilates fliall be divided or appropriated} of granting letters [of marque and reprifal in times of peace; appointing courts for the trial of piracies and felonies committed on the high feas; and tftablifliing courts for receiving and determining finally appeals in ail cafes of cap/ures, provided that no member of congrefs lall be. appointed a judge of any of the faid courts. 2. The united ftates ill congrefs aflcmbled O^all alfo be the lad rcfort on appeal in all difputes and differences now fubfifling or that hereafter may arife between two or more ftatis concerning ')oundary, jurifdi£tion, or any other caufe whatever ; which tuthority fliall always be exercifed in the manner follovving.'— '^htncver the legiflative or executive authority or lawful agent ^f any lUte in controverfy wirh another, (hall prefent a petition ^o congrefs, ftaiing the matter in qucftion, and praying for a learing, notice thereof (hall be given by order of congrefs to the legiflative or executive authority of the other (late in. controverfy. ~ ind a day adigned for the appearance of the parties by their lawful Igents, who (hall then be directed to appoint by jv)int confcnt ^ommiflipners or judges to conditutc a court for hearing and de- termining the matter in queftion j but if they cannot agree, con- grefs (hall name three pirfons out of each of the united ftate^^ ind fcom the lift of fuch perfons each party (hall alternately rtrilce >ut one, the petitioneis beginning, until the number mall be Muced to thirteen ; and from that nun^ber not lefs than feven lor more than nine names, as congrefs (hall dre<^, (hall in the brefence of congrefs be'drawn qut by lot ; and the perfons whofe lames (hall be fo drawn, or any live of them, (hali be com- liffioners or judges, to hear and finally determine, the contrc- rerfy, fo always as a major part of the judges, who (hall hear the :aufe, (hall agree in the determination : and if either parly (hall iegle6l to attend at the day appointed, without (hewing reafons rhich congrefs (hall judge fufficient, or being prefent (hall refufc ftrike, the congre^ ihal I proceed to nomir.aie three perfons out if each ftate, and-the fcretary of congrefs (liall ftrike in behalf pf fuch party ab'ent or refufing; and the judgment and fenence >f the cwt to be a{>pointed, in the manner befare prefcribed, lall be final and concluftve ; and if any of the parties (hall refufj I 'J r* ARTICLES OF CONFEDERATION. »o fubmit to the alithoilty of fuch court, or to appear or defend htir claim or caufe, the court (hall neverthelefs proceed to pro- nounce fentence, or judgment, which ihall in like nnanner be linal and decifive ; the judgment or fentence and other proceed- ings being inelchef cafetranfmitted tocongr.efi, and ladged among the zAs of congrtfs, for the fecurity of the partieft concerned : provided, that every commiffioner, before he fits in judgment, , fhall take an oath, to be adminiftercd b/one of the judees of the fupreme or fupcrior court of the ftate where the caufc (hall be tried, ** well and truly to hear and determine the matter iii queflion, according to the heft of his judgement, without fa- vour, afFcdion, or hope of reward :" provided alfo, that no ^are fhall be deprived of territory for the benefit of the united ftatcs. 3. All controverfies concerning the private right of foil claimed under different grants of two or more ftatei, whofe jurifdid^ions as th^y may refpedl fuch lands, and the ftatet which paflcd fuch grants are adjuited, the fz\6 grants or either of them being at the fame ttme claimed to have 'Originated antecedent to fuch fettlement of jurifdidlion, fhall on the petition of either party to the con- grefs df the united ftates, be finally determined, as near as may Be, in the fame manner as is before prefcribed for deciding diC- putes refpe^ing territorial jurifdi£fcion between different ftates. 4. The united dates in congrefs aflembled (hall alfo have the fole and exclufive right and power of regulating the alloy and value of coin firuck by their own authority, or by that of the refpe^ftive ftates ; fixing the ftandard of weights and meafures throughout the united nates } regulating the trade and managing all afiaiis with the Indians, not members of any of the ftates, provid d that the legiflative right of any ftate within its own limits be not infringed or violated; eftabli(hing and regulating! poft- offices from one ftate to another, throughout all the united ftates, and exa(Sling fuch poftage on the papers pafling through! the fame, a^ may be requilite to defray the expences of the-faidj , office ; appointing ail oflicers of the land forces in the fervicel of the united ftates, exce{^ting regimental officers; appointing all J the officers of the naval forces, and commiilioning all officers! whatever in the fervice of ^he united ftates; making rules for the gqvcrnmenc and regulation of the faid land and naval forcei, andl direttinw their operations. | 5. The united ftates in congrefs afTembled (hall have auchoritjfi to appoint a committee, to fit in the recefs of congrefs, to bef denominated, A Committet of the States, and to confifj; of one def lcg?.re from each ftate j and to appoint fuch other committeHp and civil officers as may be ne(;eflary for managing the generalf affairs of the united ftates under their dire^lion ; to appoint on| *f iheir number to prcfidc, provided that no perfon benllowed 10, ARTICI«ES OF CONFEDERATION. 'it Tcrve in the office of pVefnient more than one year in any term of three years }. to afcertain the necefliiry funis of money to be raifed for the fervice of the united ftates, and to appropriate and apply the fame for defraying the public expences i to borrow money or emit bills on the credit of the united dates, tranfmitting every half year to the refpe^ive ftates an, account of the films of money fo borrowed or emitted ; to build and equip a navy i to agree upon the number of land forces, and to make requifitions from each ftatefor its quota, in proportion to the number of white in- habitants in fuch (tate, which requifition fliall be binding; and thereupon the legiflatureof each (tate fliall appoint the regimental officers, raifc the men, and clo4th, arm, and equip them ity a foldier-like manner, at the expence of the united flates j and the officers and men fo cloathed, armed, and equipped, fliall march to the place appointed, and within the time agreed on by the united ftates in conerefs alTembled : but if the united ftates in congrefs aflem bled fliall, on confideration of circumftances, judge proper that any flate fliould not raife men, or fhbuld raife a fmaller number than its quota, and that any other ftate fhou Id raife a greater number of men than the quota thereof, fuch extra, number (hall be raifed, officered, cloathed, armed, and equipped in the f»me manner as the quota of fuch flate, unlefs the legifla- ture of fuch ftate (hall judge that fuch extra number cannot be iafely fpared out of the fame, in which cafe they fbal) raiff^ placer, cloath, arm, and equip,, as many of fuch extra number as they judge can be fafely fpared } and the officers and men fp cloathed, armed, and equipped, fl)all march to the place. ap- pointed, and within the time agreed on by the united ftates in con- grefs aflembled. 6. The united ftates in congrefs aflembled (ball never engage in a war, nor grant letters of marque and reprifal in time of peace, nor enter into- any treaties or alliances, nor coin money, |ior regulate the value thereof, nor afcertain the fums and ex- pences necefTary fornhe defence and vS^elfare of the united ftates, or any of them, nor emit bills, nor borrow money on the credit of the united ftates, nor appropriate money, nor agree upon the number of vefTels of war to be bullc or purchafed, or the num- ber of land or fea forces t9 be raifed, nor appoint a poipm^nder jn chief of the afmy or navy, unlefs nine ftates affent tq the fame : Kor (hall a queftion on any other point, ej^cept for adjourning from day to day, be determined, unlefs by the votes of ^ majority of, the united ftates in congrefs afTembled. 7. Thecongrefs of the united ftates (hall have po^ver to adjourn to any time within the year, and to uny place within the united ftates, fo that no period of adjournment be for a longer d^ration than the fpace of fix months, and (hall publi(h the journal of their proceedings ntonthly, except fuch part|| thcfeof jeUting to C 2 treaties. is ARTICLES OF CONFEDERATION. treaties, alliances, or military operations, a« in their judgement require fecrccy ; and the ytas and nays of the delegates -of each Bate on sniy queftion fhall be entered on the journal, when it is defired by any delegate ;'and the delegates of a rtate, or any of thtm, at his.or their requeft (hall be furniflied with a tranlcript of the faid journal, exci-pt fuch parts as arc above c}(cepted, to Jay before the Icgirtatures of the fevcral ftates. ■ ^ : - ylru X. The committee of the ftates. or any nine of them, fl\all be authorifcd to execute, Th the rccefs of congrtfs, fuch of the powers of congrefs as the united ftates in congrefs afl'embled, by the confent of nine ftateS, (hall from time to time think ex- pedient to veft them with ; provided that no power be delegated to the faid committee, for the exercife of which, by the articles of confederation, the voice of nine (tates, in the congrefs of the united dates afTembled, is requifite. Art. XI. Canada acceding to this confederation, and joining in the meafu res of the united (Utes, (hall be admitted into, and entitled to all the advantages of this union : But no other colony fhali be admited into the fame, unlefs fuch admiflion be agreed to by nine i^ates. /frt. Xil. All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of congrefs, before the aHembling of the united dates, in purfuance of the prefent confederation, (hall be deemed and confidered as a charge againft the united dates, for payment and fatisfadiion whereof the faid united dates and the public faith are hereby folemnly pledged. Art, XIII. Every (late (hall abide by the determinations of the united dates in congrefs afl'embled, on all queftions which by this confederation are fiibmittcd to them. And the articles of this confederation fliall be Tnviolably obferved by every date, and the union (hall be perpetual ; nor (hall any alteration at any time hereafter be made in any of them j unlefs fuch aireratioA be agreed to in a congrefs of the united dates, and be ?ifterwards confirmed by the legiflatures of every date.. ' "^ And Whereas it hath pleafed the great Governor of the world to incline the hearts of the legiflatures we refpe^ively repre- fent in congrefs, to approve of, and to authorife us to ratify the faid articles of confederation and ptrpetual union : Know Y£, that we^ the underfigned delegates, by virtue of the power and auihun.y to us given- for that purpofe, do, by thcfc pre- lents, in the name and behalf of our refpeaive condituents, fully and entirely ratify and confirm each and every of the faid arjicles of confederation and perpetual union, and all and lingular the matters and things therein cTontained. And we iJo further folemnly plight and engage tlie faith of our re- fpcdliye ARTICLES OF CONFEDERATION. U fpeiSllveconftituenrt, that they (hall abide by the determina- tions of the united ftfttes incongrefs afl'embled, on all queftions which by the faid confederation are fubmiufd to thrm ) and that the articles thereof fliall be inviolably obfferved by the ftatcs we rcfpc£tively reprefcnt ; and that the union (hall be per- petual. In Witness wiicreof, we have hereunto fct our hands in congrefs. DONE at Philadelphia, in the JIate ff/'Pennfylvania, the (^ih day of July ^ in the year of our Lord^ 1778, and in the third year of the independence of America. The aforefaid articles of confederation were finally ratified on the firft day of March 178 1 j'the ftate of Maryland having, hy their members in congrefs, on thar day acceded thereto, aad compleated the fame. Ncw-Hampshir£s Massachusetts-Bay, l^HODE-ISLANO, ^C» CoNJIECTICUTt o, by thefc pre- New-York, New Jersey, f Joftah liarfletty \ John H'entworthf jun. John HancocKy Samuel Adann^ Elbrtdge Gerry^, Francis Danoy Janes Lovellf Sawuel Holten, Xmiliam Ellery, \ Henry Aderchunf^ L John Collins, f Roger Shermati, Samuel Huntington^ Oliver H'^al ott, Titus Hofmer^ Andrew Adams, S James Duane, Francis Lewis ^ '\miliam Duer^ COoverneur Morris* J Je^n Witherfpoon\ \ Nathaniel Scudder. Pen* 14 ! i I I ARTICLES OP CONPEDBRATION. Ribirt Mtrris^ , Daniel RtbifdeaUt Jonathan Baford Smitb% ^William Ciingan, ,J('Jifh Retd, Pekniylvania, Delaware, >Mary(.akd, VlRCINIAt North-Carolina, South-Carolina, G|0RCIA| • r Thomas M\KiaH^ \ John Dickinfon^ Imhiias Faadyii, K John Han/in, 1 Daniel Carroll, - Richard Henry Ltf^ 1 John Banijltr^ < Thomas Jdams^ I John Harvey, ^Trands Light/toi 4U/« ^Jfhn Penn, ^ Cornelius Harnett^ Ljohnfmiams. > Henry LaurenSf fyHliam Henry DruyUtii Jihn Matthews f ^ Kichard Hut/on, >Thomas Heyward, jun, J John Walton, "kdwqrd Telfair, ^dward Lon^wtrth^^ ■'J\ \. A COL- (IS ) COLLECTION OF THE t CONSTITUTIONS OF THE THIRTEEN UNITED STATES, &c. NEW-HAMPSHIRE. In CONGRESS, at Exeter, Jan. 5, 1776. WE, the membitrs of the congrefs of the colony of New- Hampfliire, chofen and a,«pointed bv the free fuffragesof the people of faid colony, and authorifed and impowered by them to meet together, and ufe fuch means, and purfue fucn meafures, as we ihali judge beft for the public good ; and in particular to eftablifli fome form of government, provided that meafure fliould be recommended by the Continental Congrefs ; and a recommendation to thatpiirpofe having been tranfmitted to us from the faid Congrefs ; have taken into our ferious con- fideration the unhappy circumftances into which thi^ colony is involved, by means of many grievous and oppreilive a£ls of the Britilh Parliament, depriving us of our native and conftitution^l rights and privileges) to enforce obedience to which ads, a powerful fleet and army have been fent into*this country, by the niiniftry of Great Britain, who have exercifed a wanton and cruel abuf' of their power, in deflroyins the lives and properties of the colonifts. In many places, with fire and fword, taking the (hips and lading from many of the honeft and induftrious inhabitants of this colony* employed in commerce, agreeable to the laws and cuftoms a long time ufed here : . * The . i - I t6 CONSTITUTION OF NE W-HAMPSIIIRK. The fuddeii and abrupt departure of his excellency. John Wentworth, efq. our late governor, and feveral of the council, leaving us dertitute of legiflation } and no executive courts being open to punjfli criminal offenders, whereby the lives and properties of thehoneft people of this colony are liable to the machinations and evil dcrj>^ns of wicked men : Therefore, for the prefervation of peace and good order, apd for the fecurity of the lives and properties of the inhabitants of this colony, we conceive ourlclves reduced to the neceflity of eftablilhing a Form of Government^ to continue during the prefent unhappy and unnatural contert with Great-Britain; protefting and declaring, that we never fought to fhrow off our dependence upon Great-Britain, but feltourfelves happy under her protedion, while we could enjoy our conOitutionul rights and privileges— and that we fliall rejoice, if fuch a reconciliation between us and our parent (late can be cffe6ted as fiiall be approved by the Con- tinental Congrefs, in whofe prudence and wifdom we confide. Accordingly, purfuant to the truil repofcd in us, we do Refolve, that this' congrefs affume the name, power, and authority of a Houfe of Reprefeptatives or Affembly, for the colony of New- Hampfbire: and that faid houfe then proceed to choofe twelve perfons, being reputable freeholders, and inhabitants within this colony, in the following manner, viz. five in the countyof Rock- ingham, two in the county of Strafford, two in the county of vHilifborough,two in the countyof Chefhire, and one in the county of Grafton, to be a diftinifl and feparate branch of the legiflature, by the name of a council for this colony, to continue as fuch until the third Wednefday in December nexcj j:ny feven of whom to be a quorum to do bufmcfs. . . That fuch council appoint their Prcfident j and In his abfence, that the fenior counciibr prefide. That a Secretary be appointed by both branches, who may be councillor, or otherwife, as they fhall choofe. , That no a£l or refolve be valid, and, put into execution, unlefs agreed to and paffed by both branches of the legiflature. Thac all public officers for the faid colony, and each county, for the current year, be appointed by the council and affembly, except the feveral clerks of the executive courts, who fliall be ap- pointed by the Juftices of the refpedlive courts. That all bills, rcfolves, or votes for raifing, levying and col- lefling money, originate in the houfe of reprefentatives. Thiit at any feffions of the council and affembly, neither branch fhafl adjourn for any longer time than from Saturday till the next Monday, without confent of the other. And it is further Refolved, That if the prefent unhappy difpute with GrCfit-Britain (>'ould continue longer thao this prefent year, and the Continental Congrefs give no inltf unions or 3 diredtions m 1 ■ M in his abfence. CONSTITUTION OP NEW HAMPSHIRE. 17 «llre % , Aa4 ]o r r «o CONSTITUTION OP MASSACHUSETTS And all monies paid by the fubjeA to the fupport of public worfliip, and of the public teachers ^forefaid, fliall, it he req^ire it, be unjformJy applied to the fupport of the public teacher or teajchers pf bis own religious fecft or denomination, provided there be s^ny on whofe inftru^ipns he attends j otherwife it may be paid towards the fupport of the teacher or teachers of the parifo pr, precin<5t in which the faid mopi?s are raifed. And every denomin'^ation of Chriflians demeaning themfelves peaceably, and as good fubjedls of the commonwealth, {hall be equally under the proleclion pf the law: And no fubordination of any one fe.dl or denomination to another ijiall ever be eflablifh- pd by law. Iv. The people of this commonwealth have the fole and ex- clufive right of governing themfelves as a free, fovereign, and independent ftate; and do, and for ever hereafter (hall, exercife find enjoy every power, jurifdidion, and right, which is not, or m^y not hereafter, be by them exprefly delegated to the United States of America, in Congrefs aflembled. V. All power refiding originally in the people, and being derived from them, the feveral magiftrate? and officers of govern- ment, vefted with authority, whether legiflative, executive, or judicial, are their fubftitutes and agents, and are at all'times ac- countable to them. VI. No man, or corporation, or aflbciation of men, have any pther title to obtain advantages, or particular and exclufiye privileges,* diftindl from thofe of the community, than what arifes from theconfideration of fervices rendered to the public } and this title being in nature neither hereditary nor tranfmifllble to children, or defcendants, or relations by blood, the idea of a man born a magiftrate, lawgiver, or judge, is abfurd and unnatural. VIL Government is inflituted for the common good ; for the proted^ion, fafety, profperity, and happinefs of the people j and not for the profit, honour, or private intereft of any one man, family, or clafs of men : Therefore, the people alone have an inconteftible, unalienable, and indefeafible right to inftitute g'vernmentij and to reform, alter, or totally change the fame, wRen their prPtettion, fafety, profperity, and happinefs require it. VIII. In order to prevent thofe, who are veiled with autl}ority from becoming oppreflbrs, the people have a right, :it fuch periods, and in fuch manner as they (hall eftablifli by their frame of government, to caufe their public officers to return to private life } and to fill upvacant places, by certain and regular elections and appointments, IX. All eledtipns ought to be free, and all the inhabitants of th.s commonwealth, having fuch qualifications as they ^all cftablifh by their frame of governmeijt, have an equaf right to f|el authority, and be governed by it. " XVIII. A frequent recurrence to the fundamental principles of the conftirution, and a conftant adherence to thofc of piety, juftice, mod< ration, temperance, induftry, and frugality, are abfo- lutely neceflary to preferve the advantages of liberty, and to maintain a free government. The people ought, confequently, to have a particular attention to all thofe principles, in the choice of their officers and reprefentatives : And they have a right to require of their lawgivers and magiftrates, an exa£t and conliant obfervance of them, in the formation and execution of all laws neceflary for the good adminiHration of the commonwealth. XIX. The people have a right, in an orderly and peaceable , manner, to aflemble to confult upon the common good ; give inftrudlions to their reprefentatives; and to requeft of the legifla- tive body, by the way of addrefles, petitions, or remonflrancesj rcdrefs of the wrongs dore them, and of the grievances they fufFer. XX. 'The power of fufpcnding the laws, or the execution of the laws, ought never to be ex^rcifed but by the legiflature, or by authority derived from it, to be exercifed in fuch particular cafes only as the legiflature (hall exprefly provide for. , XXI. The fictdom of deliberation, fp'-eeh, and debate, in either houfs of ^thc legiflature, is fo eflential to the- rights of the peoph', that It cannot be the foundation of any accufation or profecution,' action, or complaint, in any other court or place whatfocver. XXII. The legiflature ought frequently to aflemblo for the redrefs of grievances, forcorredting,{lrvngthening, and confirming the laws, and for making new laws, as the common goad may require. ' . ' . XXIII. No fuhfidy, charge, tax, import, or duties, ought to beefl:,.bl:flird, fixed, lr,ifi,or levied, under any pretext wha'foever, withvut the confent of the people, or their reprefentatives in the legiflature. ' ^ XXIV. Laws USETTS. CONSTITUTION OF MASSACHUSETTS, sj « XXIV. Laws made to punifh for a(5tions done before the ex- ifttnce of Tuch laws, and which have not been declared crimes by preceding laws, arc unjuff, oppicflive, and inconfiftent with the fundament.il principles of a free government, XXV. No fubjed ought, in any cafe, or in any time, to be I declared guilty of treafon or felony by the legiflature. XXVI. No magiftrate or court of law fliall demand exceilive bail or fureties, impofe excefltve fines, or inflicl cruel or unufual puniflimentf. XXV II. In time of peace, no foldier ought to be quartered in any houfe without the confent of the owner ; and in time of war, fuch quarters ought not to be made but by the civil magiftrate, [in a manner ordained, by thelegiilature. I XXVllI. No perfon can in any cafe be fubje«Sted to law- rmartial, or to any penalties or pains, by virtue of that law, except fthofe tmployed in the army or navy, and except the militia in adtual fervice, but by authority of the leg flature. ^ XXIX. It is eflential to the prcfervation of the rights of every individual, his life, liberty, propcrt; and charadter, that there be an impartial interpretation of the laws, and adminiftration of Muftice. It is the right of every citizen to be tried by judges as free, impartial, and independent, as the lot of humanity will admit, it is, therefore, not only the heft policy, but for the fe- , curity of the rights of the people, , an J of every citizen, that the, judges of the fupreme judiciifl court fliould hold their offices as Jong as they behave thrmfflvts well ; and that they fliould have (.honouratije Calarics, afCertained and eftablifJu'd by (landing laws. XXX. In the government of this commonwealth, (he legif- lative department ihali never exercife the executive and judicial powers, or eitht r of them : The executive fliall never exercife the legiflative and judicial powers, or cither of them : The ju4icial (hall never exercife the legiflative and executive powers, or either of ihem : to the end, it may be a governtnent of laws, and not of men. PART if. ' ♦ - The F R A M E of G V E R N M E N T, TH E people inhabiting the terrttory formerly called the Province of Maflachufetts-Bay, do horeby folemnly and mutually agree with each other, to form themfcives iMo a free, (pvercign, and independent. body-politic or ftate, by the name of, 7** Commonwealth ^ Massachusetts. XXIV. Laws CHAPTER «4 CONSTITUTION OF MASSACHtTSETTS. C HA P TE R I. The lEGJSLjfTirE POWER. Section I. T^/ G E N E R A L COURT. Art. i. THE department of legiflatlon ihall be formed by two branches, a Senate, and Houfe of Reprefentatives i each of which (ball have a negative on the other. The legiflative body fliall affemble every year on the laft Wed- nefday m May, and at fuch other times as they fliall judge ne-. ceiTary ; and inall difTolve and be difTolved on the day next pre- ceding the faid ]a(t Wednefday in May ; and fliall be (tiled. The General Court of Maffachufttts. II. No bill or refolve of the fenate or houfe of reprefentativeit fliflll become a Jaw, and have force as Tuch, until it fliall have been laid before the governor for his revifal } and^ if he, .upon fuchrevifion, approve thereof, he fliall fignify his approbation by figning the fame. But if he have any objection to the paffing of fuch bi!i or refolve, he fliall return the fame, together with his objedtions thereto, in writing, to the fenate or houfe of reprefen-. tatives, in wh ch fiever the lame fl)all have originated ; who fliall enter the objections fent down by the governor at large on their records, and proceed to reconfider the faid bill or refolve : But if after fuch reconfideration, two-thirds of the faid fenate or houfe of reprefentatives fliill, notwithflanding the faid objections, agree to pafs the fame, it fliall, together with the obje^ions, be fenc to the other branch of the legislature. Where I't fliall alfo be recon- fidered, and if approved by two-thirds of the members prcfent, it fhall have the force of a law : But in all fuch cafes, the votes of both houfes fliall be determined by yeas and nays ; and the names of the perfons voting for or againft the faid bill or refolve, fliall be entered upon the public records of the commonwealth. And in order to prevent unnecefTary delays, if any bill or re- folve fliall not be returned by the governor within five days after it fhall have been prefented, the fame fliall have the force of a law. III. The general court fliall forever have full power and autho- rity to ereft and conftitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, of- fences, pleas, procefles, plaints, adlions, matters, caufts, and things whatfoever, airifing or happening within the common- ^ wealth. *m TS, cauftSy and CONSTITUTION OF MASSACHUSETTS. aj ivealth, or bel;weenor concerning perfons inhabiting^ or refiding, or brought within the fame ; whether the fame be criminal or civil, or whether the faid crimes be capital or not capital, and whether the faid pleas be real, perronal, or mixed ; and for the awarding and making out of execution thereupon : To which courts and judicatories are hereby given and granted full power land authority, from time to time, to adminifter oaths or affirma- jtions, for the better difcovery of truth in any matter in contro- [verfy or depending before them. W. And further, full power and authority are hereby given [an.! granted to the faid general court, from time to time, to [make, ordain, and eftablifli, all manner of wholefome and rea- fonable orders, laws, flatutes and ordinances, dired^ions and in- tru£liQns, either with penalties or without ; fo as the fame be lot repuenant or contrary to this conflitution, as they fhall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof and of the rubje^U >f the fame, and for the necefTary fuppurt and defence of the go> ^ernment thereof } and to name ar\d fettle annually, or provide >y fixed laws, for the naming and fettling all civil officers within Ihe faid commonwealth, the ele^ion and conftitution of whom aro lot hereafter in this form of government otherwife provided .for ; knd Co fet forth the feveral duties, powers, and limits, of the fe- ireral civil and military officers of this commonwealth, and thq, jforms of fuch oaths or affirmations as iha!l be refpe£tively admi- liilered unto them for the execution of their feveral offices and )laces, fo as the fame be not repugnant or contrary to this con- litution } and to impofe and levy proportional and reafonable IflefTments, rates, and taxes, upon all the inhabitants of, and >erfons refident, and eftatcs lying, within the faid commonwealth ; md alfo to impofe and levy reafonable duties and excifes .upon my produce, goods, wires, merchandizes, and commodities what- foever, brought into, produced, manufactured, or being within the jTame, to be ilTued anddifpofed of by warrant under the hand of the |;ovcrnor of this common wealth for the time being, with the advice ind confentof the council, for the public fervice, in the neceflary defence and fupport of the government of the faid commonwealth, ind the protedlion and prefervation of the fubjedls thereof, ac- :ording to fuch ads as are or fhall be in force within the fame. Add while the public charges of government, or any part Ithenof, ihall be aficfled on polls and eftatcs, in the manner that has hitherto been praaifed ; in order that fuch afTefimcnts nay be made with equality, there fhall be a valuation of tAates vithin the commonwealth taken anew once in every ten years at the leafl, and as much oftener as the general court fhall order. % Ch A P. t6 CONSTITUTION OF MASSACHUSETTS. C H AP. I. S E c T. II. > SENATE. Jrt. 1. THERE (hall be annually eleaed by the freeholders and other inhabitants of this commonwealth, qualified as in thin conftitution is provided, forty perfons to be councillors and fe- nators for the year enfuing their. ele<3ion ; to be chofen by the inhabitants of the diftridls into which the commonwealth may from time to time be divided by the general court for that purpofe.' And the general court, in a0igning the numbers to be ele£ted by the refpedlive diftrids, (liall govern therafelves by the proportion of the public taxes paid by the faid diftridls ; and timely majce known to the inhabitants of the commonwealth, the Innits of each diflridl, and the number of councillors ant. ruinators to be chofen therein; provided that the number of fuch diftrt^s (hall be never lefs than thirteen } and that no diftridt be fo large as to entitle the fame to chufe more than fix fenators. And the feveral counties in this commonwealth fhall, until the gf-ncral court fliall determine it necelTary to alter the faid diftri^s, be diftric^s for choice of councillors and fenators (except that the counties of Dulces-county and Nantucket (hall form one diftriA for that purpofe), and (hall ele£l the following number for coun- cillors and fenators, viz. York Two. ^ Dukes-county 1 .^ and Nantucket j Worccfter Five Cumberland One Lincoln One Berk(hire Two II. Thefenate fliall be the firft branch pf the legiflaturc ; and the (cnators (hall be chofen in the following manner, viz. There (hall be a meeting on the firft Monday in April annually, for- ever, of the inhabitants of each town in the feveral counties of this commonwealth j to be called by the felea men, and warned in due courfe of law, at leaft feven days before the firft Monday in April, for the purpofe of eleaing perfons to be fenators and councillors : And at fuch meetings every male inhabitant of twcnty-one years of age and upwards, having a freehold e(tate within the commonwealth of the- annual income of three pounds, or any eftate of the value of fixty pounds, (hall have a right Sufl'olk Six Eflex Six Middlefex Five Hampfhire Four Plymouth Three JBarnfkble One Briftol 'Ihrec CONSTITUTION OF MASSACHUSETTS. a; 4-ight to givQ m His vote for the fenators for the diftrid of which he is an inhabitant. And to rerpove all doubts concerning the meaning of the word " inhabitant," in this conftitution, every perfon mall be confidered as an inhabitant, for the purpofc of ele£ting and being eleded into any office or place wiihin this (late, in that town, diftrid, or plantation, where he dwcllcth, or hath his home. The felednr.en of the feveral towns (hall prefide at fuch meet- ings impartially ; and fhall receive the votes of all the inhabi- tants of fuch towns prefent and quali/ied to vote for fenators, an^ Ihall fort and count them in open town-meeting, and in pre- fence of the town-clerk, who (ball make a fair record, in prc- (cnce of the fele taining three hundred and feventy-five rateable polls, may elect two reprefentatives : Every corporate town, containing fix hun- dred rateable polls, may elect three reprefeiitatives ; and pro- ceeding in that manner, making two hundred and twenty-iive rateable polls the mean increafing number for every additional reprefentative. Provided neverthelefs, that each town now incorporated, not havin;{one hundred and fifty rateable polls, may eledt one repre- fentative : But noplace (hall hereafter be incorporated with the privilege of elediing a reprefentative, unlefs there are within the fame, one hundred anr) fifty rateable polls. And the houfe of rcprcfenUtives (hall have power from time, to time to impofe fines upon fuch towns as (hall negled to chufe and return members to the fame, agreeably to this conflitution. The expences of travelling to the general afTcmbly, and re- turning home once in every feifion and no more, (hall be paid by the government out of the public treafury, to every member who (hall attend as feafonably as he can, in the judgment of the houfe, and does not depart without leave. III. tvery member of the houfe of reprefentatives (hall be chofen by written votes j and for one year at leatl next preceding his election, (hall have been an inhabitant of, and have been feized in his own right of a freehold of the value of one hundred pounds within the town he (hall be chofen to reprefeht, or any rateable eltate to the value of two hundred pounds i and he (hall ceafe .! I, '■■I 40 CONSTITUTION OF MASSACHUSETTS. ceafe to reprefent the fald town, iihmediately on his ceafing to be ' qualified as aforefaid. iV. Every male perfon, being twenty one years of age, an,d refident in any particular town in this commonwealth, for the fpace of one year next preceding, having a freehold eilate within the fame town, of the annual income of three pounds, or any eilate of the value of fixty pounds, fliall have a right to vote in the choice of a reprefcntative or reprefentaiives for the faid town. V. The members of the houfeof r^^^refentatives (hall be chofen annually in the month of May, ten days at leaft before the lalt Wednefday of that month. VI. The houfe of reprefentatives (hall be the grand inqueft of this commonwealth } and ail impeachments made by them ihall be heard and tried by the fenate. VII. All money-bills (hall originate in the houfe of reprefenta- tives i but the fenate may propofe or concur with amendments, as on other bills. VIII. The houfe of reprefentatives (hall have power to adjourn thfmfilveSi provided fuch adjournment (hall not exceed two days at a time. IX. Not lefs than fixty members of the houfe of reprefentatives ihall eonf^itute a quorum for doing l^ufinefs. X. The houfe of reprefentatives (hall be the judge of the re- turns, elei^ions, and qualifications of its own members, as pointed out in the conftitution ; (hall chufe their own fpeaker, appoint their ow^n officers, and fettle the rules and orders of pro- ceeding in their own houfe. They (hall have authority to puni(h by Imprifonment every perfon, not a member, who (hall be g4iilty of difrefpedl to the houfe, by any diforderly or contemptuous behaviour in its prefence ; or who, in the town where the ge- neral court is fitting, and during the time of its fitting, (hall threaten harm to the body or eflate; of any of its members, for any thing faid or done in the houfe*; or who (hall affault any of them therefor; and who (hall afl'ault or arreft any witnets or other perfon ordered to attend the houfe, in his way in going or returning ; or who (hall refcuc any perfon arrefted by the order of the houfe. And no member of the houfe of reprefentatives (hall bearrefied or held to bail on mefne procefs, during his going unto, returning from, or his attending the general afiembly. XI. The fenate (hall have the fame powers in the like cafes; and the governor and council (hall have the fame authority to punilh in like cafes. Provided, that no imprifonment on the warrant or order of the governor, council, fenate, or boi^fe of reprefentatives, for either of the above- defcribed offences, be for « term exceeding thirty days. And , (J CONSTITUTION OF MASSACHUSETTS. jr And the fenatc and hpufe of reprefentatives may try, and de- termine, all cafes where their rights and privileges are concerned, and which, by the conftitution, tbey have authority to try and determine, by committees of their own members, or in fuch other way as they may refpedlively think beft. C H A P T E R II. . gXECUriVE POWER, S B C T I O K I. f reprefentatives GOVERNOR. Art. I. THERE fhall be a fupreme executive maglftrate, who (hall be ftiled. The Gavtrrtur of the Commonwealth ef Mf^acf>ufetti i ^nd whofe title fhall be. Hit Excellency. , ' II. The governor (hall be. chofen annually: And no perfon (hall be eligible to this office, unlcf? at the time- of his eledlion, he fhall have been an inhabitant of this commonwealth for feveri years next preceding j and unlefs he fhall, at the fame time, be feized in his own right of a freehold within the commonweaUb of the value of one thoufand pounds j and unlefs he fhall declare himfelf to be of the Chriftian religion, III. Thofe perfons who fhall be qualified to vote for fenators and reprefentatives within the feveral towns of this common- , wealth, fhall, at a meeting to be called for that purpofe, on the firfl Monday of April annually, give in their votes for a governor, to the feleclmen, who (hall prefidc at fuch meetings ; and the town-clerk, in the prefence, and with the affiftance of the fcleft- men, fhall, in open town-meeting, fort and count the votes, and form a lifl of th^ perfons voted for, with the number of votes for each perfon againft bis name ; and (haJl make a fair record of the fame in the town books, and a public declaration thereof in the faid meeting; and fhall, in the prefence of the inhabitants, feal up copies of the faid lid, attefted by him and the feledmen, and tranfmitthc famt to the fherifFof the county, thirty days at leafl before the lafl Wednefday in May; and the fherifF (hall Cranfmit the fame to the fecretary's office, feventeen days at leaft before the faid lafl Wednefday in May; or tlie feleclmen maj'caufe returns of the fame to be made to the office of the fecretary of the commonwealth, feventeen days zf. leaft before the faid day ; and the fecretary mall lay the fame before the fenate, and -the houfe of reprefentatives,' on the laft Wednefday in May, to be by them examined : And iu cafe of an ek^ion by the majority of ait a ' the i 3» CONSTITUTION OF MASSACHUSETTS. the votes returned, the choice Ihall be by them declared and pub, lifhed : But if no perfon fliall have a majority of voltes, the houfe of reprefentatives fliall, by b.t!lot, elcdt two out of four perfons who had the highelt number of votes, if fo many fliall have been voted for; but, if otherwife, out of the number voted for j and make return to the fenate of the two perfons' fo ele£led j on which the fenate fliall proceed, by ballot, to eleiSl one, who fliall be declared governor. IV. The governor fliall have authority, from time to time, at his difcretion, to afl'emble and call together the councillors of this commonwealth for the time being; and the governor, with the faid councillors, or five of them at leaft, ftiall, and may, from time to time, hold and keep a council, for tHe ordering- and di- recting the affairs of the commonwealth, agreeably to the con- ftitution, and the laws of the land. V. The governor, with advice of council, fliall have full power and authority, during the feffion of the general court, to adjourn or prorogue the fame, to any time the two houfes fliall dcfire J and to diflblve the fame, on the day next preceding the Jaft Wednefday in May ; and, in the recefs of the faid court, to prorogue the fame, from time to time, not exceeding ninety days in any one recefs ; and to call it together fooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth fliall require the fame : And in cafe of any infec- tious diflemper prevailing in the place where the faid court is next at any time to convene, or any other caufe happening, whereby danger may arife to the health oc lives of the members from their 'attendance, he may dire<5l the feflion to be held at fome other the moft convenient place within the flate^ 'And the governor fliall diflblve the faid general court on the day next preceding the laft Wednefday in May. VI. In cafes of difagreement between the two houfes, with.re> gard to the neceflxty, expediency, or time of adjournment, or prorogation, the governor, with advice of the council, fliall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he fliall determine the public good fliall require. VII. The governor of this commonvVealtb, for the time being, fliall be the commander in chief of the army and navy, and of all the military forces of the ftate, by fea and land j and fliall have full power by himfelf, or by any commander, or other offi- cer or officers, from time to time, to train, infl:ruf. their refpeaive brigades: And fuch officers, fo e letted, ■ '' •• , F • (hall 34 CONSTITUTION OF MASSACHUSETTS, (hall be commiffioned by the governor, who (hall determine their The legiflature (hall, by (landing laws, direft the time and manner of convening the eleaors, and of colleaing votes, and of , certifring to the governor the officers elected. The major-generals (hall be appointed by the fenate and houfe of reprefentatives, each having a negative upon the other -, and be commiffioned by the governor. And if the eleaors of brigadiers, field officers, captains, or fubalterns, (hall ncgleil or refufe to make fuch elci^ions, after being duly notified, according to the laws for the time being, then the governor, with advice of council, (hall ap|>oint fuitable perfons t* fill fuch offices. And no officer, duly commiffioned to command in the militia, (hall be removed from his office, but by the addrcfs of both houfes to the governor, or by fair trial in court-martial, purfuant to the laws of the commonwealth for the time being. The commanding officers of regiments (hall appoint their ad- jutants and quartermaflerS ; the brigadiers their brigade majors } and the major-generals their aids ; and the governor fliall appoint the adjutant-gener. * The governor, with advice of council, (hall appoint all officers of th*e continental army, whom by the confederation of the United States it is provided~that this commoawealth (hall appoint, as alfo all officers of forts and garrifons. The divifions of the militia into brigades^ regiments and com- panies, made in purfuance of the militia laws now in force, (hall be confidercd as the proper divifions of the militia of this com- monwealth, until the fame (hall be altered in purfuance of Tome future law. XI* No monies (hall be ilTued out of the treafury of this commonwealth, and difpofed of (except fuch fums as may be ap- propriated for the redemption of bills of credit or treafurers notes, or for the payment of interefts arifing thereon) hut by warrant under the hand of the governor for the time b^|||| With the advice and confent of the council, for the nece(rary vfence and fupport of the commonwealth } and for the prote^ion and prefervation of the inhabitants thereof, agreeably to the aAs and fCfolves of the general court. XII. All public boards, the comniiflary-general, all fuperin- tcnding officers of public magazines and (tores, belonging to this .commonwealth, and alj commanding officers of forts and garri- fons within the fame, (hall once in every three months, o^ciallv, and without requifition, and at other times, when required by the Jrovernor, deliver tojiim an account of all goods, ftores, provi- ions, ammunition, cannon with their appendages, and fmall- arms with th«ir accoutrements, and of all other public property 2 what- CONSTITUTION OF MASSACHUSETTS. 35 whatever under their care refpedively ; diftinguiihing the quan- tity, number, quality and kind of each, as particularly as may be ; together with the condition of fuch forts and garrifons ; And the faid commanding officer fhall exhibit to the goverpor, when required by him, true and exaA plans of fuch forts, and of the land and fea, or harbd'ur or harbours adjacent. And the faid boards, and all^iublic officers, fliail communicate to the governor, as foon as may be after receiving the fame, all letters, difpatches, and intelligence of a public nature, which ifaall be direded to them refpeAively. XIII. As the public good requires that the governor fliould not be under the undue influence of any of the members of the |eeneral court, by a dependance on them for his fupport— that he L&ould in all cafes a£l with freedom for the benem of the pub* —that he fliould not have his atttrntion necellarily diverted llrom that objeA to his private concerns— -and that he fliould laintain the dignity of the commonwealth in the chara^r of jits chief magiftrate— -it is neceffary that he fliould bave an ho- Inourable ftated falary, of a fixed ana permanent value, amply ftif- ficient for thofe purpofes, and eftabliflied by ftanding laws : AndL it fliajl be among the firft zAs of the general court, after the Commencement of this conftitution, to eftabji^ fuch falary by jaw accordingly. i Permanent and honourable falaries fl)all alfo be eftabliflied by law for the juftices of tjie fupreme judicial court. And if it fliall be found that any of the falaries afprelaid, fo eftabliflied, are infufficient, they fliall, from time to time, be en* 'itrged as tl» general-court fliall judge proper* Chap. 11. SicT. IF. J. I E P T E N A N T - G O V E R N O R. jfrt. I. THEB.E fli^U be apnually eleAed a Lieutenant-Go- (rnor of the commonwealth of Mauachufetts, whofe title fliall ijHit Honour i and who fliall be qualiijcd, in point of religion, iroperty, and refidence in the commonwealth, in the fame man- ler with the governor : And the day and manner of his ele«aion, ind the qualifications of the eleftors fliall be the fame as are' lequired in the ele^ion of a governor. The return of the votes ■ar this officer, and the declaratioti of his eleftion, fliall be in the ime manner : And if ho one perfon fliall be found to have a ma- irity of all the votes returned, the vacancy fliall be filled by the penate and houfe of reprcfentatives, in the fame manner as the ¥ ^ governor i$ CONSTITUTION OF MASSACHUSETTS, governor is to be cleffted, in cafe no one perfon (hall hav^ a m^», jority of the votes of the people to. be governor. II. The governor, and in his abfence the lieutenantrgovernor, fhall be prefident of the council, butihall haye no vote in council : And the Jieutenant-jgovernor fhnll always be a member of the council, except when the chair of the governor (hall be va- cant. . III. Whenever the chair of the governor fhall be vacint, by reafon of his death, or abfence from the commonwealth, or otherwife, the licuunant-governor for the time being fliall, during fuch vacancy, perform all the duties incumbent upon the governor, and fliall have and exercife all the powers and au-r thorities which by this conftitution the governor is veiled \irjthj when perfonally prcftnt. . € H A p. II. S f C T. III. fOU^CJL, qnd th( Mmner of ftttling EUakm hy tht Ltgifiaturt. Art. I. THERE fhall be a council for advIHng the governor in the executive part of government, to eonfifl' of nine perfons belides the lieutenant-governor, whom the governor for the time being fhall have full power ^nd authority, from time to time, at his difcreiion, to aflemble and call together. And the gover- lior, with the faid councillors, or five of them at Icafl, fhall and _ may, from time to time, hold and keep a council, for the ordering 1 and directing the affairs qf the commonwealth, according to the ^ laws of the land. \\, Nine councillors fhall be annually chofen from among the perfons retHrned'for councillors and fenators, on the laft Wedncf* day in May, by the joint ballot of the fenators and reprefenta- tives aflembled in one room : And in cafe there fhall npt be found upon the firft choice, the whole nombtr of nine perfons who w'H accept a feat in the council, the deficiency fhall be made up by the ^edors aforefaid from among the people at large ;. and the number of fenators left fhail conflitute the fenate for the y«ar. The feats of the perfons thus elecSled from the fenate, and acce;jting the trufV, jfhall be vacated in the fenate. ' ' III; The'cou'ncillors, in the civil arrangements of the common- wealth, fhall have rank next after the lieutenant-governor. IV. Not more than two counciliois fi^ll be chofen oiit of any one-diftridt of this commonwealth. V. The refolutions and advice of the council fhall be recorded ma regifl^r, and figned by the members prefent : and this record Ehahns hjf th i CONSTITUTION OF MASSACHUSETTS. 37 may be called fdr at^iny time by either houfe of the Icgiflature; and any member of the council may infert his opii)ioii contrary to the refolution of the majority. V(. Whenever the office of the governor anfl lieutenant-gover- por ihall be vacant, by reafon of deaths abfence, or otherwife, then the council, or the major part of them', fhall during fuch vacancy have full power and authority to do, and execute^ all and every fuch a«Els, matters and things, as the governor or the lieutenant-gQvernor might dr could, by virtue of this cdnfti- tution, do or execute, if they or either of them virere perfonalljr preient. VII.. And whereas the eledions appointed to be made by this conUitution, on the lafl Wednefday in May annually, by the two houfcs of the legiflature, may not be compleated on that day, the faid eleyo Houfes fhall proceed to the elettion of. the council. Its of the common' .C^H A p. II. ^ S E c T. IV. Secretary^ Trea/urer, CommiJJary, t^c, ArU I, THE fecretary, treafurer and receiver-general, and the commiflfary-general, notaries-public, and naval officers, (hail be chofen annually, by joint ballot (jf the (enators and reprefen- tatives, in one room. And that the citizens of this commonwealth may be afTured, from time to time, that the monies remaining'in the public treafury, upon the fettlement and liquidation of the public accounts, are their property, no man (hall be eligible as treafurer and receiver-general more than five years fucceffively. II. The records of the commonwealth (hall be kept in the office of the fecretary, who may appoint his deputies, for whofe condu£i; he (hall be accountable, and he fhall attend the gcernor and council, the fenate ^nd houfe of reprefentativeSj^in perfon, or by his deputies, as they '(hall refpeftively require. Chap. IS CONSITUTION OF MASS ACIW7SETTS. CHAPTER irf. juDiciJRrPOfylR, Art. I. THE tenure that all commiffion officers (hall by )i# have in their offices (hall be expreffed in their refpedive cooi- roiffions. All judicial officers, duly appointed, commiffioned and fworn, (hall hold their offices during good behaviour, excepting fuch concerning whom there is different provifion made in this cohftitutton : provided, neverthelefs, the governor, with confenr of the council, may remove them upon the addrefsof both houfes of the legiflature. . II. Each branch of the legiflature, as well as thegorernorand council, (ball have authority to require the opinions of the juftices of the fupreme judicial court, upon important queftions of laW) and upon folemn occafions. III. In order that the people may not fuffer from the long con- tinuance in place of any juftice of the peace who (hall fail of difcharging the important duties of his office with ability or fide- lity, all commiffionsof juftices of the peace (hall expire and be- come void in the term of feven years from their refpedlive dates ; and upon the expiration of any commiffion, the fame may, if ne- ceflary, be renewed, or another perfon appointed, aslhallmoft conduce to the well-being of the commonwealth. IV. The judges of probate of wills, and for granting letters of admihiftration, (hall hold their courts at fuch place or places, on fixed days, as the convenience of the people (hall require. And the legidature (hall, from time to time, hereafter appoint fuch times and places; until which appointments, the faid courts (hall be holden at the times and places which the refpedive judges ihall direa. V. All caufes of marriage, divorce and alimony, and all ap- peals from the judges of probate (hall be heard and determined by the governor and council, until the legiflature (hall by Itw make other provifion. CHAPTER IV. DELEGATES u CONGRESS, THE delegates of this commonwealth to the Congrefs of the United Sutes (hall, fome time in the month of June annually^ be (hall by h# jedive cooi- niffioned and ir, excepting roadr in this with confenr F both houfes gorernor «nd ofthejuftices ftions of hw, the long con- D (hall Tail of bility or fide- expire and "be- fpeaive dates ; nemay, ifne- , aslnallmoft rranting letter* dace or places, ' require. And r appoint fuch he faid courts jfpeaive judges CONSTITUTION OF MASSACHUSETTS. }f be elcAed by the joint ballot of the fenate and houfe of reprefen- tatives, aflembled together in one room, to ferve in Congrefs for one year, to commence on the fiiii' Monday in November then next enfuing. They fliaU have commifilons under the hand of the governor, and the great feal of the common wealth ; but may be recalled at any rime within the year, and others ^hofen and commiffioncd, in the fame manner, in their ftcad. Congrefs of the June annually* ■ M C H A P T E R V. Tbi Univirfity at Caftibrld^e, and Encturagimtnf of LiUraturt^ SECTION I. Tbi U N I V.E R S f T Y. Jrt. I. WHEREAS our wife and pious anceftors, fo early as the year one thoufand fix hundred and thirty-fix, laid th^ foun- dation of Harvard College, in which univernty many perfons of great eminence have, by the bleffine of God, been initiated in thofe arts and fciences which qualified them for public employ- ments, both in church and ftate : And whereas the encouragement* of ^rts and fci\:nces, and all good literature, tends to the honour j of God, the advantage of the Chri.ftian religion, and the great [benefit of this and the other United States of America : — It is de- clared, that the Prefident and Fellows of Haivard College^ in their corporate capacity, and their fuccefiTors in that capacity, their [officers and. fervants, (hall have, hold, ufe, exercife and enjoy all I the powers, authorities, rights,^iiberties, privileges^ immunities [and franchifes, which they now have, or are entitled to have, hold, |ufe, exercife and enjoy : And the fame are hereby ratified and confirmed, unto them, the faid president and fellows of Harvard [College, and to their fucceflbrs, and to their officers and fervants, [refpe^ively, forever. il. And whereas ther^ have been at fuhdry times, by, divers ^perfons, gifts, grants, devifes of houfes, lands, tenements, goods, [chattels, legacies and conveyances, beretcfore made, either tq |Harvard College, in Cambridge, in New England, or to the prefident and fellows of Harvard College, or to' the faid college, wy fomc other defcription, under f^yc^al charters fuceelfiveiy ; It lis declared, that all the faid gifts, grai^ts, devjifcs, legacies, and [conveyances, arc hereby %f c\t^f 9i9iijftf;m?rf ui^jt|u ^^hp prefiden^ I 40 CONSTITUTION OF MASSACHUSETTS. and fellows of Harvard College, and to their fuccefTors in the ca* pacity aforefaid, according to the true incent and meaning of the donor or donors, grantor or grantors, devifor or devifors. III. And whereas, by an adlof the general court of the colony of Maflflchufetts-Bay, pafl'cd in the year one thoufand fix hundred and forty -two, the -governor and deputy-governor for the time being, and all the magiftrates of ^hat jurifdiiSlion, were, with the prefident, and a number of the clerey in the faid adl defcribed, con0ttuted the overfecrs of Harvard College : And it being ne- ceffary, in this new conftitution of government, to afcertain who ihall be deemed fuccefTors to the faid governor, deputy-governor, arid magiftrates : It is declared, that the governor, lieute- nant-governor, council, and fcnate'of this commonwealth, are, and (hall be deemed their fucceflbrs j who, with thq prefident of Harvard College for the time being, together with the minifters of the congregational churches in the towns of Cambridge, Watertown, Charleftown, Bofton, Roxbury, and Dorchefter, mentioned in the faid ail, (hall be, and hereby are, vefted with all the powers and authority belonging, or in any way appertaining, to theeverfeers of Harvard College j provided, that nothing herein (hall be conftrued to prevent the legiflarure of this commonwealth from making fuch alterations in the government of the faid univerfity, as ihall be conducive to its advantage, and the intereft of the republic of letters, in as full a manner as might have been done by the legiflature of the late province of the Maflachufetts-Bay. . Chap. V. S e c t. II. The Encouragemtnt of Literature. ^ WISDOM and knowledge, as well as virtue, diffafed gerie - rally among the body of the people, being neceffary for the prr- fervation of their rights and lii>erties ; and as thefe depend oit fpreading the opportunities and advantages of cfducation, in the various parts of the country, and an^ong the different tr^tr? of the people, it fliall be the dtxty of the legiflatures and magiftratt^s, in ail future periods of this commonwealth, tocheiiih the interefts' of literature and the fciences, and all feminaries of them ; ef-* pecially the univerfity at Cambridge, public (thbolkv aiW gram- mar fchbols in the* towns; toencourage privateToijicties^nd pub- lic ipftitutions, rewards and imimunities, fdt the promotioh' ' of agriculture, arts, fciences, conrntterce, traded, maniifa«J^res,artnd eeherous fentiments among the people* CHAP- '* CQKSTITUTJdN OF MASSACHUSETTS. 41 CHAPTER Vl. Oatht anil Suh/cripthns ; IncompatlbiUty of and Exclujion from Of'^ jilts ; Ptcuniary Salifications ; ^CommiJ/ions ; fyrits ; Cvnfir' motion of Laws ; tiubias Corpus } Thi Enahing Style ; Centi- nuanct of Officers } Provifionfor a futurt Rivifalof the Conjiitu-* tion, isc. Art. I. Any perfon chofen governor, or lieutenant-governor^ councillor, fenator, or reprefentative, and accepting the tru^i ihall, before he proceed to e^xcute the duties of his place or of- fice, make and fubfcribe the following,decl.aration) viz. ** I, A. B. do declare, that I believe the Chrifti an religion^ and have a firm periuafiou of its truth ; artd that I am feizcd and poflefled, in my own right, of the property required by the con- stitution as one qualification for the office or place to which I am eleaed." And the governor, lieutenant-governor, and councilloj-s, fiiall make and fubfcribe the faid declaration in the prcfence of th.e two houfes of aflembly ; and the fenators and reprefentatives fii^ ele^^ed under this conftitution, before the prefident and hve of the council of the former conftitution, and forever afterwards he/pre the governor andcouncil for the time being. And every perfon chofen to either of the places or offices aforefaid, as alfo any perfon appointed* or comniiffioned to any judicial,executive, military, or qther office under ihe government^ ihail, before- he enters on the discharge of the bunnefs of his place or office, take and fubfcribe the following declaration, and oaths or affirmations, viz. ** I, A« B. do truly and fincerely acknowledge, profefs, tefli- fy and declare/ that the commonwealth of Maflachufetts is, and of right ought to be, a free, fovereign, and independent ftate ; and Ido fwear, that I will bear true faith and allegiance tothe^ faid commonwealth, and that I will defend the fame againl^ trai- torous conTpiracies and all hoflile attempts whatfoever : And th^t I do renounce and abjure all allegiance, fubje^ion, and obedi-* ence, to the king, queen, or government of Great Britain (as the cafe may be), and every other foreign power whatfoever; And that no foreign prince, perlbn, prelate, (late or potentate^ hath, or ought to have, any jurifdidlion^ fupcriority, pre-emi- • ' . G «encei 4% CONSTITUTION Or MASSACHUSETTS: nence, authority, dirpenfing or other power, in any matter, ci- vil, ccclefiadical or fpiritual, within this commonwealth, except the authority or power which is or may be vefted' by their con» ftiturnts in the Oongrefs of the United States. And I do fur- ther tcHit'y and declare, that no man or body of men hath or can have any right to abfolve or difcharge me from the obligation of this oath, declaration or affirmation } and that I do make this acknowledgement, profcffion, tellimony, 'declaration, denial, re- nunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any eauivocation, mental evafion, or fecret refervation, whatfoi ver. So help me God." ** I, A. B. do folemnly fwearand affirm, that I will faithfully and impartialfy difcharge and perform all the duties incumbent on me as ' according to the beft of my abilities and underiUnding, agreeably to the rules and legulations of the con- ftitution, and the lawi of this commonwealth. .So help me God.»* Provided always, that when any perfon chofen or appointed as aforefaid (hall be of the denomination of the people called Quakers, and fhiU decline taking the faid oaths, he mall make his affirmation in the foregoing form, and fubfcribe the fame, omitting the words, ** I do pvearf** ** and abjurt," ** eathery" ** and abjuration" in the firft oath- ; and in the fecond oath, the words, *-^ fiuear and ;** ^nd in each of them the words, ** So help mt God ;" fubjoining inftead thereof, *' Thit I do undtr tho fains and penalties of perjury." And the faid oaths or affirmations fhall be taken and fub- cribed by the governor, lieutenant-governor, and councillors, efore the preftdent of the fenate, in the prefence of the two houfes of-afTembiy ; and by the fenators and reprefentatives firft eleded under this conftitution, before the preftdent and five of the council of the former conftitution ; and forever afterwards before the governor and council for the time being : and by the refidue of the officers aforefaid, before fuch perfons alid in fuch manner as from time to time fhall be prefcribed by the leeiflature. II. No governor, 'lieutenant'governor, or judge of the fu- preme judicial court, (hall hold any other office or place under the authority of this commonwealth, except fuch as by this con- ftitution they are admitted to hold j favinj; that the judges of the f^id court may hold the offices of jufiices of the peace through |he ftate j nor (hall they hold any other place or oBice, or re- ceive any penfion or falary from any other ftate or government or power whatever. No perfon (hall be capable of holding or exercifing at the fame ^irae more thin one of the following offices within this ftate. t CONSTITUTION OP MASSACHUSETTS. 4| viz. judge of probate, (herifF, regifter of probate, or reeifler of deeds ) and ntver more than any two offices' which are to be hi Id by appointment of the governor, or the governor and council, or the fenate, or the hoiife of reprefcntattves, or by the eleAion of the people of the ftate at lar^, or of the people of any county, military offices, and the office of juftice of the peace ex- cepted, (hall beheld by one perfon, th or recti ver-gencral, judge of probate, commiflary-general ; pre- No perfon holding court, fecretary e office of judge of the fupreme judicial attorney-general, folicitor-general, treafurer fident, profeiTor, or inftrudor of Harvard College ; (herifF, clerk of the houfe of reprefentatives, revifter of probate, n-gider of deeds, clerk of the fupreme judicial court, clerk of the inferior court of common-pleas, or officer of the.cuftoms, including in thisdefcription naval officers, (hall at the fame time have a feac in the fenate or houfe of reprefentatives f but their being chofen or appointed to, and accepting the fame, ihall operate as a refig- nation of their feat in the fenate or houfe of reprefentatives, and the place fo vacated (hall be filled up. And the fame rule (hall take place in cafe any ju'Jge of the faid fupreme judicial court, or judge of probate, (hall accept a feat in council } or liny councillor (hall accept of either of thofc offices or places. And no perfon (hall ever be admitted to hold a feat in- the legiflature, or any office of truft or importance under the govern- ment of this commonwealth, who (hall, in the due courfe of law, have been convicted of bribery or corruption in obtaining an election or appointment. III. In all cafes where fums of money are mentioned in this conftitution, the value thereof (hall be computed in ftlver, at fix fhillines and eight-pence per ounce : and it (hall be in the pqwer of the legiflature from time to time to increafe fuch qualifications, as to property of the perfons to be elected into offices, as the circumftancet of tHe commonwealth (hall require. IV. All commiffions (hall be in the name of the common- wealth of MafTachtifetts, figned by the governor and attefkd by the fecretary or his deputy, and have the great feahof the com- monwealth affixed thereto. V. All writs ifluing out of the clerk's ofHce in any of the courts of Jaw (h^ll be in the name of the commonwealth of MafTachufetts : they (hall be under the feal of the court from whence they ifTue : they (hall bear teft oif the firfi juftice of the court to which they (hall be returnable, who is not a party, and be n|ned by the clerk of fuch court. ^ VI. All the laws which have heretofore beeii adopted, ufed and approved in the province, colony, or ftate of Mafi'achufetts- 3ay, and ufually pradifed on in the courts of law, (halt ftill re- G 2 main 44.^0NSTITUtION OF MASSACHUSETTS. tnainind be in full force, until altered or repealed by the legifla- ture ; fuch parts only excepted as are repugnant to the rights and liberties contained in this conftitution. Vlf. The privilege and benefit of the writ of habeas-corpus |hall be enjoyed in ttiis commonwealth^ in the mo(i free, eafy, pheapi expeditious and ample manner ; and Oiall not be fuf- pended by the legiflature^ except upon the ihoft urgent and prcf- ilng-occafions, and for a limited time^ hot exceeding twelve inonths. VJII. The ena£ling ftyle in making and paffing all afts, fta- tutes, and laws, (hall be, *f Be itenai^ed by the fenate and houfe of reprefentatives in general court aiTembled, and by the aiitho- fity of tlie fame." . IX. To the end there may be no failure of juftice, or danger ive towns and plantations, for the purpol'e of colle«Sting their fenti- ments on the neceflity or expediency of revifxng the conititution. In order to amendments. And if it fhall appear by the returns made, that two-thirds of the qualified voters throughout the ftate who (hall aflemble and vote in cbnfequence of the faid precepts are in favour of fuch revifion and aitiendmcnt, the general court fhall iflue preceptii. gr dift^ thcn^ tg be i(fued fron^ the fecretary's oflice j to the fe- ;i. ' CONSTITUTION OF MASSACHUSETTS. 45 veral tovrni to ele^ delegates to meet in convention, for the pur^ pofe aforefaid. . Thje faid delegates to be chofen in the fame manner and pro- portion as their leprefentatives in the fecond branch of the le- gidature are by this confticution to be chofen. XI. This form of government fliall be enrolled on parch- ment, and depofited in the fecretary's office, arid be a part «f jthe laws (jf the land i and printed copies thereof fhall be prefixed to the book containing the laws of this commonwealth, in all futurd editions uf the fai4 laws. JAMES BOWDOIN, PaeJioknt. 4tuji, Samuel Barret, Secrttary, RHODES N ( 46 I RHODE-ISLAND. RHODE-ISLAND CHARTER,granttJ by King Charles II. In the FourUtnth Tear ef hir Reign, J^irttedecima pars Putentium Anno Regni Regis Carol! Setundt ^intodecimo, • . CHARLES the Second, bv the grace of God, &c. Td all to whom thefe preicnts fhall come, greeting. Whereas we have been infornred by the petition of our tiufty and well be- loved fubjedts, John Clarke, on the behalf of Benedict ; Arnold, William Brenton, William Codington, Nicho- las Eafton, William Boulfton, John Porter, John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas Gl- uey, Gregory Dexter, John Cogefliall, Jofeph Clarke, Randall Houlden, John Greene, John Koome, Samuel Wildbore, Wil- liam Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the reft of the purchafers, and free inhabi- tants of our ifland called Rhode-I/Iand, and the reft of the colony of Proyidepce Plantations, in the Narraganfet-Bay in New En- gland In America, That they, purfuing with peace and loyal' minds their fober, ferious, and religious intentions, of godly edifying themfelves and one another in the holy Chriftian faith and worfhip as they v.ere perfuaded, together with the gaining over and converflon of the poor ignorant Indian natives in tho(e parts of America to the fincere profeffion and obedience of the fame faith and worfliip, did not only by the confent and good encouragement of our royal progenitors, tranfport themfelves 'put of this kingdom of England into America \ but alfo fince their arrival there, after their firft fettlement among other our fubje^ls in thofe parts, for the avoiding of difcord and thofe many 'evils which were likely toenfue upon thofe our fubjeds not being able to bear in thofe remote parts their different apprehenfions in religious concernments } and in purfuance of the aforefaid ends did o;;ce again leave their defirable ftations and habitations, and with exceflive labour and travail, hazard and charge, did tranf- plarit themfelves into the midft of the Indian natives, who, as wc are informed, are the moft potent princes and people of all that country J -where, by the good providence of God (from whom the plantations have taken their name) upon their labour and in- duftry, CHARTER OF R H O DE-I S L AND. 41*- cTuftr^, thfv have not only been preferv^d to admiration, but have increafed and profpered, and are feized and pofleflfed, by pur- chafe and confent of the faid natives, to their full content, of fuch lands, ifiands, rivers, harboars,-and roads, as are very con- venient both for plantatfons, and alfo for building of (hips, fupply of pipe-ftaves, and dther merchandife, and which lye v.ry commodious in many refpeAs for comnierce, and to accommo- date our fouthern plantations, and may much advan'ce the trade of this pur realm, and greatly enlarge the territories thereof ; they having, by near neighbourhood to, and friendly fociety with, the great body of the Narraganfet Indians, given them encourage- ment, of their own accord, to fubjedl themfelve^ their people and lands, lAito us ; whereby, as is hoped, there may, in time, by the bleifing of God upon their endeavours, be laid a fure foun- dation of happinefs to all America. And whereas, in their humble addrefs, they have free!/ d hrtd. That it i$ much oh their hearts (if they be permitted) AX. 3 forth a lively experiment, tb^ta. motl flouriming civil il uy ftand, and beiV be maintained, and that among our Englifli fubje^s, with a full liberty in reli- gious concernments ; and that true piety, rightly grounded upon gofpel principled, will give thebeft and greateft fecurity tbfove- reignty, and will lay in the hearts of men the ((rongeft obliga- tions to true loyalty : Now, know ye. That we being willing to encourage the hopeful undertaking of our faid loyal and loving fubjecls, and to fecure them in the free exercife and enjoyment of all their civil and religious rights appertainuiw'-lo them, as our idving fubie&s } and to preferve unto them tnat liberty in the true Chriftian faith and wor(hipof God which they liave fought with fo much travail, and with peaceable minds and ioyal fubjec- tion to our royal progenitors and ourfelves, to enjoy ; and b^ caufe fome of the people and inhabitants of the fame colony x:aa- not, in their private opinion, conform to the public exercife of 'religion, according to the liturgy, form, and ceremonies of the church of England, or take or fubfcribe the oaths and articles made and eftabliflied in that b'ehalf ; and for that the fame, by reafon of the remote diftances of thofe^ places, will, as we hope, be no breach of the unity and uniformity eftabliihol in this na- tion, have therefore thought fit, and do hereby pubUlh, grant, ordain, and declare, that our royal will and pleafure is. That no perfon within the faid polony, at any time hereafter, ihall be any* wife molefted, punifhedv difquieted, or called in queftion, for any diflFerence&in opinion in matters of religion, who do not adually diftuf-b the civil peace of our faid <;olony ; but that all and every perfon and perfons may, from time to time, and at all times hereafter, freely and fully have and enjoy his^and their own judge- ments and confciences, in matters or religious concernments, throughout the track of land hereafter-mentioned, they behaving ' ' themf^lves 'I ^ CHAJITER OF RHODE-ISLAND. t^mfelves peaceably and quietly, and not ufing this liberty tp licentioufncrs and profanenefs, nor to the civil injury or outward difturbance of others, a^yJaw, ftatute or claufc therein contained, or to be contained, ufage, or cuftom of this realm, to the contrary hereof, in any wife notwithftanding. And that they maj^ be in •the better capacity to defend themfelves in their juft rights and liberties, againft all the enemies of the Chriilian faitli, and others, in all refps^s, we have further thought fit, and at the humble petition of the perfons aforefaid, are gracioufly pleafed to .declare. That they fhall have and enjoy the benefit of our late zGi of indemnity, and iVee pardon, as the reft of Our fubje(5ls in other our dominions and territories have; and to create and 'make them a body politic or cor- |)orate, with the powers or privileges herein after-mentioned : And accortfingly, our will and pkafure is, and of our efpeciaK grace, certain knowledge, and mere motion, we have ordained, conflituted and declared, and by thefe prcfents for us, our heirs and fucceflbrs, do ordain, conflitute, and declare, That they the faid .William Brenton, William Codington, Nicholas Eafton, Benedi£tArnold,Wi!liamBoulfton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, 6werand authority to require, adminifler, oi- receive the fame; and jthe faid a^fhnts, and every^of them, and all and every other officer %t officer^, to be heitafter eleded and chofen by virtue of thefb pre(i;nts, from time to rime, fhall give the like engagements td fheir offices and places refpciftrvcly belonging, befwe the governor . pr deputy-governor for the thne being j unto which faid governor Hr d«5p|Jtyrgovernor, we do by thefe prefents give full power and 'l^urhoriiy to require, adminifter, or receive the fame accordingly. Jft^nd we 4q jiitcw^fefor tis, our htir?, 4n4 futicefforsi ^ivt ttnd i . CHARTER OF R M O D E • t $ L A H O.^ j» f rant unto the fftk! gtwrtior and company and iheir Aicceflbray y thefe prefents, that for the moire peaceable and orderly govern* ment of the faid plantations, it fliall and may be lawful for thtf governor, deputy-governor, affiftanta, and all other ofRcers an4 minifters of the faid company, in the adminiftfation of Juftice an4 ^ exercifeof government in the faid plantations, to ufe, exercife, and pat in execution, fuch methodsj-ruleit, orders, and diredionis, not being contrary and repugnant to the laws and ftatutet of this out realm, ashave been heretofore given, ufed, and accuftomed-in fucll cafes refpedively, to be put in pra^ice, until at the next or (otnB other general aflembly, efpecial provifion flrall be made in the cafes aforefaid. And we do further, for us, our heirs, and fuc<» ceflbrs, give and grant unro the faid governor and companv, and their fucceflbrs, by thefe prefents, that it (hall and may be lawful to and for the f^'d governor, or in his abfence the deputy-governor and major part of the faid alfiftants for the time beirt^, at anf ' time, when the faid general aflfembly is not fitting, conommate, »p* point, and conftitute fuch and fo many commanders, governors^ and military officers, as to them (hall feem requifite^ for the lead<* ing, conducting, and training up the inhabitants of the faid plan- Cations in martial affairs, and for the defence and fafeguard of the faid plantations ; and that it (hall and' may be lawful to and for aM and every fuch commander, governor, and military oftcef^ that (hall be fo as aforefaid, or by the governor, or in his ab- fence the deputy-governor and fix of the affiilants, and majorjiaft of the freemen of the faid company, prefent at any general aiiem* ' blies, nominated, appointed, and conftituted, according to th^ tenor of his and their refpedive commiflions and diredions, t6 afTemble, exercife in arms, mar(hal, array, and put in warlike pofture, the inhabitants of the faid colony,- for their efpecial de*- fen^ and fafety i and to lead arnl condu^ the faid inhabitants, and to encounter, repulfe, and re(ift by force of arms, as Well by fea as by land, to kill, day^ and deftroy, by all litting ways, enter*; prizes, and means whatfoever, all and every fuch pcrfon or perforts as (hall at any time hereafter attempt or enterpriiethe deftrudion, invafion, detriment, or annoyance of the (aid inha- bitants or plantations ; and to ufe and exercife the law martial^ in fuch cafes only as occafion (hall neceiTarily require ; and to take and furprife,.by all ways and means whatfoever, aH and every^fucl^ perfonand perfons) with their fliip or (hips, arnr.our, ammunition, or other goods of fiich perfons as (hall in hoftile manner invade or attempt the defeating of the faid plantation, or the -hurt ^fthb faid company and inhabitants; and upon ju(t caufes to invade and deftrOy the natives, Indians, or other enemies of the faid colony. Neverthelefs, our will and pleafure is, and we do hereby deddre, to the reft of our colonies in New-England, that it (hall not be lawful for this our faid colony of Rhode-Ifland and Pr6videnloniei, Wilhout ■■'owcr and liberty to continue and ufe the trade of fiftiing upon the faid couft, in any of the feus thereunto adjoining, or any arms of thefca, or fait water, rivers and creeks, wi.ere they have bevn accuftomtd to Bfli, and to build and fet upon the wafte land. belonging to the faid colony and plantations fuch wharfs, fta^es, and wurk*houres,a& ftiall be ncceflary for the falling, drying, and keeping, of their fifti to be taken or gotten upon that coaft. And further, for the encouragement of the inhabitants of our /aid colony of Providence planiatton, to fet upon the bulinefsof . liking whales, it ihal) be lawful for thfm, or any.of them; having , ftruck a whale, dubercus^ or other gieat hib, it or them to purfue unto that coiaft, ^nd into any bay, river, covf, creek or ftiore, be-- longing CHARTER OP RHODE-ISLAND. S3 longing thereto, and it or thrm, upon the faid coaft, or in the faid bay, river, cove, creek, ,or ihore, belonging thereto* to kill and order for the bell advantage, without moleftatioo, they making no wilful wuile or fpoil ; any thing in thefe prefents contained, or any other matter or thing to the contrary notwithltanding. And further al To, we are gracioufly pleafed, and do hereby declare, that if any of <|ie inhahitants of our faid colony do fet upoo the planting of vineyards, (the foil and climate both feeming naturally to concur to the produtSiion of wines) or be indulirtouh in the difcovery of fifhing-banks, in or about the fuid colony, we will, from time to time, give and alliw all due and Htcing encourag<:' ment therein, »% to others in cafes of like nature, t'.nd furthcr,- of our more ample gMce, certain knowledge*, and mere moticnv wc have given and granted, and by thefe prelcirfi, for us, our heirs and fucceflbrs, do give ;*.d grant, unto the faid governor and. connpany of the Englifii colony of Khode-Ifland and Providence plantation in the Narraganfet bay in New-England, in America, and to every inhabitant there, and to every perfon and perfona trading thither, and to every fuch perfon or perfons, as are or (hall be free of the faid colony, fuH power and authority from time to time, and at all times hereafter, to take, Khip, tranfport, and carry away, oi't of any of our realms and dominions, for and to* wards the plantation and - pcrtaining. To have and to hold the fame, unto the faid gover^ nor and company, and their fucceflbrs for ever, upon truft, for the ufe and benefit of thcmfelves, and their aflbciates, freemen of .the faid colony, their heirs and afligns. To be holden of us, our heirs and fucceflbrs, as of the manor of Eafl-Greenwtch in our county of Kent, in free and common foccage, and not in ca- pite, nor by knights fervice. Yielding aiid paying therefore tQ us, our. heirs and fucceflbrs, only the fifth part of all the ore oC , gold and filver, which from time to time, and at all times hert- after, (hall be there gotten, had or obtained, in lieu and fatisfac* tion of all fervices, duties, fines, forfeitures, made or to be made,, claims or demands whatfocver, to be to us, our heirs or fueeef<» fors,. therefore or thereabout rendered^ made or paid j any grant WCHAHTtm^ Of UHODr.IlJUAHO.. r%% •r diure* iii^« ittt frant t» thi ■ovcrnov sod oompulf dT C^iil yieUtd after MicK dabatfislK tlH fixad and certain boaiMh JJM*. twaen thafc cinti IW eolo»«H by the a|emi thjraofj wh*! fcave alfoafff«eA»4lkaitlia faid Pmreatuok rivor (ball alfo b« «ft|ldi alias Haro6^uioact or NaMngaarait rifer»->and to frevancfttirtn riirpuiet tbav otlwmifo pifbt arUb tbmbn for ever Utuktm ihall b« conariiedy deemed aoi; taken to be the Nyroftincett; river, in our lata grant to Coniie6bci|ft coloay, vwoli^iitd n the cafterif bonode oTthtt colooy.i And ftirtherrOtff '#»l»«nd ^j^ fure^N tlu^ i*»«l| taaneft ol public coniroftAei^whielijnaf f$\\ ottit between one cplMijFbf^rovyeooetiflantari^^^^^ toiMtlM their aw«A«bei»iii «*«•#••' ^b^»«S**^®>"» *?* «i*» in fttch caicf,.within tbi»ou»ftaImof Englandi^^nd tlia»ilib*U be UwfMl to and for the inhabitan tt of the faid colony of Provi- dence niantationr, wMnwdniEV WMtOXSS^to pafi and repafs with freedom intoumd tbrangbvthf ifj^ pC U|s JSmiSk colonies upon their lawful and civil occdfiOMtiiid^ trcdAvcrfe^ and l|old they beliavini4b«mMte»pffM«Mda|(Minnft|M|i^^ or faniMicii» & aojl «^ the iatdiiCOhNiiapfidirJAMlf Of ^ai.ibaM,fail , provtdad,«ii«tbo co^riry (« naf'mhMMmkk»^m»r>^M unio>>tbo M 9pmm»tit§^ ^n ii» iny »»yid iMr. fufi«e<&»rf|>r tbefe prefcfit^-llitl Ib^ •nrJMMFirlWMnti. Aa\l/ba iifffn.^gWM^, c«i^uaW an^ ai^iOlalikrln itf ibiigi ip tboi taia^^o nUuitiiiauKH «oi»fttHd>«M4i«A P«WfW(e*y^ tene end miH>nM>ft ne«r»o MffMicbtrMi #pd ibalL h$ ^anf^rmHf^ repiita4!en4 ^AmafA inji%i99^miW^Jk%mM» «fi ■ UA3>bi^ pf'^'»9^Tim ib(y> yM ^|l ^ .|^l>b%^^^PBrf^.^itot^on^ «i^ CSMHDerf be ciMenqtiniit el MUvtM )»)[i%iitiBfiiiUi» the ftaie^ciltipodewfflapd «iii j^imM4^^pMM!tt#>iif»^)iioi nmm4 a forei(¥ gpm^P^i; 4il^lffll-lw,l^ ; ing ,co mmiewjraw; *9. .mmamfmFWmiijMtvmt iwnmp^gnQivi^ fender pf^fifdi paftviM^ftMMffi^. l^^ «lCf jlmi'm^l^. IbondwitMn; j^^tsfdiMe^t^ Ti;^ and Jegiaajori aie:cliofcn.l^!^|c^mf|^ cial an4 executive oflifiere,Mf^#|ip|]lK fk^^^^,^^ and eompfoy. or ;imm^(^^i1m»i#^ eafiWv»^*..M5Bro- ceffet original . and Judiicial, jfqBOMljiv ipl^jf^ )*e iMg^, nmif$ bwE tbey now iuuc in ^ name of (be governor and compenv. 1%' The *v" it ,•50 COM^TirUTION 0«.COJt!r»CTItl7T. Xhl!: oaths of lUlegtifteeand of ofiiceare made co^ferniable to^ht IKlVciples^of: theJB.^lttCtofi4 . tTile goverifor^ m hit Jegiflativo K$jp^c\ty, cannot ; givM negatf Ire to la*]^. ad of the .twd iDufes ; , iHljtvincoQiiAon with the other ^magi^tesy has Mie.votc^.^ly^ ;, Vhe ilate i» diVJded into ^ve counties, in eaieh «f > #hibhr then Is a>court of common pleas and genei^l feffions of the ^ace, held fwJce ever^ yeavjif to^ntw fiacH t6Wn hat Might IP fend t«to reprefcntatifM to the geMral oiMrt ^6^ilftifid ^ons: teercdifid ftile judieiiib^iei and ^cers,- ki tl^ihali difplaqc, or rwiove them, or deal otherwiie, at die nature of ill* caiTefltill MNfi^rt i and deal or ift fh lt)iy^Hci^iiM»ir Ihat iMMa^na ibe |j^ df ^tMe ftfet^ ' ^«t^ th« fm»6n df gdVd^iioK dtptit^ieiveniori aififtints, twifnre^ and fNei^W^r #fii£h ^s^l lidWi%tbofr«^a at the y^f coUh of ef«ai6il| -UHtefe th«H bo imt vil^aiii^ by i^f tOQ^iet at a^ijr ^htbr ilftid. -ttfi annually eleded on the^feettndi Thutfiif^idtMtf^yThtn^n* ieittaeiie^ i«0ii newly. dioieii;forHetohand>c«a»ciL wi^iboitt'linnittion •f time, bti^niiy be (mfUrM^ byf' the acrfboyity ^iMu aijjpbiiiib thcm.^ • TJie^gomior ibrthci time bdog is ct^fliih^aeiiera}^^^ mYlitici ihe«epatyl>go««hiot4 lreu«eiBaot«geAi^il l^rtw mh^ f^ neral officers, ancj the field officers, are appointed by theigd^eifl ' cottitr ^«ni t:^iii"Ml"iM^ byt^be^^ viteffM afO^ dkoTeacIfy the».iMeil'tbe ■ ;tj-J»'XKiU-^^|-v.:>;/vts;>'.n«»^r''-' Vi;|Pii.»^ inctt oh tl# Mdnaiqr iicKlaf«irilta4cft^l'u*fi)iQr'fA' Apiil:^nn (beit^lhftthrf tjp^ilieiifi^^Mi^ilri^o^^ r^preien^avcl)) and f^l«rll|1f|ji)r•?ote•#ir t*c^ibh^%9«IS^ for fai^ offices refpedlt^jh •wiitll^tbieil' iA|f^ na^r)ri»bkM>vMM^Mw##i«^>^ the freehien^** Meethi]|^>MI»i««aeft^r ^^ ibtttit ipafei^twritiibg wi tfc«c;ll«tidi| tMtite towoj and )h^ ofi«» f«r;av;bki|iittii «oc«r|Ke |^l%ii^f n^ ffbidi ere JfenV bj^ the reprefentaltvet tQ the general ittH^tjf|f|B^ ||ouMfvtd>^f^^ •tiwiiif ilMi{««ie<| and deblerp^the iiai|i«ivof:$iii^ pii-fpni^ifibQfea cet^bidfiMiiei;^ Arty freemeh^ quatifted. jiA' V^te for riprefeifta^^ tim, &c» mar be ele£bd to any o^e in .li»yea inat tneif meeting for chooiing repieliaitatlvts ■jfrS i^M Mhii #iui|^ iii<||h;iN «P aiiMbltt^iSe temd l&urt ^ tctaobev alMii fiipi^ . wlfi#iireo|iKit#bj|{a comiliM «i iboti) ;hi)u|ji|iaiwMKs tileiiif ^r^il|;^wlK> Mvfhrgmaieit^^ iwm4 4bndrib na«ii|iiRpiiii^^.*«f Wh!iri)t<-ii«kmb6r twetrnMie to IM choftii*tffiftiii«i ^ tHtr^mmtUf tbe «n#Miiifa^ if) "^ftfbm^deftribcd.. .un« fc'^.K%i . :' ■' :AyH :< >:id TMoeablei^haviour, a cit^lvoBverfuttoii, and vforty.fliiHings fiwc- old, or forty pounds perfona) c{tate| if the felec^men ef tlhp tdwn s. 3 certify h i ff%' ~ cumtfTtiTVS ION or ^ tm!r««T iu»Ti 1 lv If • comptny* ii}M|lMl ( 57 ) N E W^r R K. The CONSTITUTION of the State of New- York. EJiabliJbed by the Convention, authorifed and empowered for thai Purpofe^ April 20^ 1777. I. AT^HIS convention, in the name and by the authority of the X good people of this Oate, doth ordain, determine, and declare, that no authority fhal), on any pretence whatever, be exercifed over the people or members of this ftate, but fuch as (hall be derived from and granted by them. 2. This convention doth further, in the name and by the au- thority of the good people of this ftate^ ordain, determine, and declare, that the fupreme legiflative power, within this ftate, ihall be veiled in two feparate anddiftindt bodies of men; the one to be called The Jffembly of the State of New-York ; the other to be called, The Senate of the State of New-York ; who together ihall form the legiflature, and meet once, at leaft, in every year for the difpatch of buftnefs. 3. And whereas, hws inconfident with the fpirit of this con- ftitution, or with the public good, may be haftily and unad- vifedly pafled ; be it ordained that the governor, for the tioie be- ing, the chancellor, and the judges of the fupreme court, or any two of them, together with the governor, ihall be, and hereby are, conftituted a council to revife all bills about to be pafled in- to laws by the legiflature, and for that purpofe (hall aflemble themfelves, from time to time, when the legiflature (hall he convened ; for which neverthelefs, they ihall not receive arly fa- lary or confidcration, under any pretence whatever. And that all bills, which have pafled the fenate.and aflembly, (hall, be- fore they b( N'ome laws, be prefented to the faid council for their revifal and confideration ; and if upon fuch rev ifion and con- fideration^ u ihould appear improper to the faid council, or a majority of them, that the faid bill ihould become a law of this flatc, thAt they return the fame, together with their objeflions thereto in writing, to the fenateor hoiffe of aflembly, in which foever the fame ihall have originated, who ihall enter the ob- jero« portions following, vis. For the city and county of New- York, nine. The city and county of Albany, fettf The county of Dutchefs, ftvea, ' . The county of Weftchefter, Jlx, The county of Ulfter, ^. The county of SufFoJk, yfe//. The county of Queens, y^r. yi The county of Oritnge, four. The CAunty of Kings, '/Wtf. * k The county of Richmond, two. The county of Tryon,/*, The ccmnty of Charlotte, j^«r. The county of Cumberland, //Jr^/. The county of Gloucefter, /«;«.' 5. That as foon after the- expiration of feven years, fubfe- qucnt to the termination of the prefent war as may be, a cenfus of the eleftort and inhabitants in this ftate be taken, under the direaiop of the legiflature, And if on fuch cenAis, it ftall ap- pear, that the number of reprefentativ^s in aflembly from the faid counties, is not juftly prdportioncd to the number of eledorc in the Aird count.es refpeaivly, that the Ipgiflature do S and apportion Che fame by that rule. And fbfther, that once Ii-la 'I ' "icrcupon appear, iM^ the numbei* tmors ,n ^y"J«,nty, ft^ll have encVeafed or diminifted ori^ or more feventieth pa^ts of the whole number ofSXr. ltf-*l 6. And GoksTiTtJtiON OF NEW-tORK. i9 h. And T)i|iereas, in opinion hath long pttvsaltd aoiong; dU ieri of the eood.people of this ftacO} that voting at de^iohi by 'Iballot,' wouHi tend more to prcferve the libeaty and equal free, doiii of the people than voting .vivai>dce. To the end therefqre^ ihat a faircxpeHment be made, which of thofetwo:methods of Toting is to be preferred : ; Be it ordained, that as foon a» may be, after the termination ,:of the prefent war, between the United Stiites of Amecicjt: and ^Oreat Britain, an a£i, or ads be paiTed by the l<^ifiatureof this fbte, for caufing all eIe6lions thereafter to be hdd in this ftate, ^ for fenators and reprefentativ«s in afiembly, to be by balilot, and dirediling the manner rn which the fame fliail be conduced. And whereas, it is poffible, that after all the care of the legiftature^ !n fraihing the faid a^ oralis, certain i neon veniencicJB and mif- ^hiefs, unforefeen at this day, may be fottdd to attend the faid ^ itiode of tlediihg by ballot : It is further ordained, that if aftEer a full aad £i{r experiment fliall be made of voting by b<^Hot aforeiaid, the fame ihall be ' found lefs conducive to the fafiety or intereft of thf .flatej than! the method of voting vixM vccii it (ball be lawful and conftttu- tional for the legtflature to aboliih th« £ame; provided iwotbirds t>f the niembers prefent in each hottfejr refpeSiveIy> ihall concur therein: And furrhef) that, during thi contininmce' of the pto- fent war, and until - the legiflature of ihls flateihai] provide fbr the eledlion of fenators and repreieatitivcs in afiembly by ballot, tke faid eIe£lions (hall be mtdc vita vxe, 7. That every male inhabitant ■of full age^ who (hall have ; perfonally refided within one of the counties of this ftate; tdt ''Six months immtdiatefy preceeding the day of ele^ooy (hall, at '^fuch election, be intitled to vc^te-fer reprefentativies of the faid >'ouhty in aflembly; if, during the time aforefaid he ftalt have ■Dcen a freeholder, pofTefllng a freehold of the. value of twenty **po\indsy within the faid county, or have rentod a tenement therein of the yearly value of forty (hillings, and been rated and actually paid taxes ta this fliate : Provided always, that every pcrfon who now is a freeman of the city, of Albany, or who was made a freeman of the city of New«Yorfe, on-cr before the fourteenth day of October, in the year of our Lord one thoufand feven hundred and feventy-five, and (hall bea^uallyand ufually reiident in the faid cities refpedltvelyv (^i^H he entitled to vote for feprefentatives in aflembly witMn his faid place of rriidence. 8. That every eleiSlor, before he is admitted to vote, fiiall, if required by the returning officerj or either of the infpeftors, take an oath, or if of tlVc people called Quakers, amaffirmatton, of allegiance to the ftaic. la 9. That : i- 6e CONSTITUTION OF NEW-YORK^ • 9. That the aflembly thus conflituted (hall ch^e thdr ^wti fpeaker, be judges of their own members, and enjoy the fame •privileges, and proceed ifi doing^bulineff, in like manger as the .aflembJies of the colony of New- York of risht formerly did ; \amd that a majority of the faid members fhall, from time to time, conftitute a houfe to proceed upon bufineis. ,. . . 10. And fhis convention doth further, in the name and by the -authority.of the good people of this ftate^ ordain, determine and dechrev that tb* fenateof tlve ftate of New-York, Ih?!! confvft ,of twenty-four freeholders, to be chofen out of the body of the Tfrceholdiws, .and that they.bc chofen by the freeholders of this rftate, poilefled of freeholdsof the value of one hundred pounds, ;,over and aboveiail debts charged thereof. II. Thatihe members of the fenate be clejj{>Mal)y } to the«nd that the fourth pazt.of the fehate, as nbarly as poiTible, may be annually cofen. -'■' 12. 'ThattbB>«le^ioniQf';f«n9tQrs (hall be after this manner) :tbat(b.ttuU:h:o£ thisjftatf 39 is (low, parcelled into counties,, ^e divided into four great diftri6$;} the fouthern diftrt^ to compre- . bend the cityAnd county of N-ew- York, Suffolk, Weftchcft^f c Kings, Queens, and Richiaocd ^punties } the middle difiri£l to comprehend the counties of Dutches, Ul(ier and Orange; i(ie - weftern''grefidentcf the (enate ihaU ki IikraMn>^ ner as the lieutenant-governor, adminifter the govtrnniBQC, uftw til others fcall be elefted by the fufFrage of the people, at the fqcceeding election. 22. And this convention doth further^ ih the name and by the authority of the good people of this ftate, ordain, determine and declare, that the treafurer of this ftate (hall be appointed by aA of the Icglflature, to originate with the aflembly : Provided, that hefliall not be ele^ed out of either branch of the legiflature. 23. That all officers, other than thofc, who bv this conftitu- tion are dire^ed to be otherwife appbfnted, Aall bt appointed in the manner following, to wit. The aflembly (hall once in every year, openly nominate and appoint one of the fenators from each great diftriA, which fenators (hall form a council for the appointment of the faid officers, of Which the governor for the time being, or the lieutenant governor, or the prefident of the fenate, when they (hall refpedtively adminifter the govern- ment, (hall be prefident, and have a cafting voice, bat no other vote, and with the advice and confent of the (aid council, (hall appoint all the faid officers ) and that a majority of the faid coun- cil be a quorum. And further, the faid, fenators (hall not be . eligible to the faid council for two years fucceffively. 24^ That all military officers be appointed during pleafure ; tha,tall commiffioned officers civil and military, be commiffioned by the governor; and that the chancellor, the judges of thefu- preme court, and firft judge of the county court in every county, hold their offices during good behaviour, or until they Ifliall have refpe^ively attained the age of fixty years. 25. That the chancellor and judges of the fupreme court, (hall not at the fame time hold any other office, excepting that (^de- legate to the general congrels, upon fpecul occafions j ai^hat the firft judges of the county courts in the feveral couhties, (ball not at the fame time hold any other officp, excepting that of fe- nator, or delegate to the general congrefs : But if the Chancel- lor or either of the faid judges be ele£kd or appointed to any other office, excepting as is before excepted, it (hall be at his option irt which to ferve. 26. That (heriffs and coroners be annually appointed } and that no perfon (hall be capable oftholding either of the faid^bffi-. ces more than four years fucceffively, nor the (herifFof holding any other office at the fame time. 27. And be it further ordained, that the regifter and clei'ks in chancery be appointed by the chancellor; the clerks of the (upr^me court by the judges of the faid court ; the clerk of the court <4 CONSTITUTIONOF NEW-YORK. court of probates by the judge of the faid coUrt ; and the regif. ter and marfliall of the court of admiralty by the judge of the admiralty. The faid marftial, regifters and clerks to continue in office during the pleafure of thofe by whom they are to be ap- pointed as afoTefaid. And that all attorneys, folicitors and counfellors at law, here- after to be appointed, be appointed by the court, and Hceofed by the firft judge of the court in which they (hall refpe^ively plead or pra^ife i and be regulated by the rules and orders of the faid courts. 28. And be it further ordained, that where by this conventi- on the duration of any office fhall not be afcertained, fucb office fhall be conftrued to be held during the pleafure of the council of appointment : Provided that new commiffions (hall be iffued to judges of the county courts (other than to the firft judge) and to juftices of the peace, once at the leaft in every three years. 29. That town clerks, fupervifors, afleflbrs, conftabfes, and colledors, and all other officers heretofore eligible by the peo- ple, fliall always continue to be fo eligible, in the manner di- rcAed by the prefent or future a£ts of Icgiflature. That loan officers, county treafurers, and clerks of the fuper* vifors, continue to be appoii\ted in the manner directed by the pr(;fent or future a6ls of the Icgiflature. 30. That delegates to repreicnt this ftate in the general cpn- grefs of the United States of America, be annually appointed as follows, to why The fenate and alTembly (hall each openly no- minate as many perfons as (hall be equal to the whole number of delegates to be appointed j after which nomination they ihall meet together, and thofe perfons i/amed in both lifts (hall be delegates ; and out of thofe perfonc whofe natnes arc not in both lifts, one half (hall be chofen by the joint ballot of the fena- tors and members of afTembly, fo met together as aforefaid. 3 IT That the ftile of all laws (hall be as follows, to wit " Be it enacted by the people of the ftate of New- York, reprefented in fenate and aflembly." And that all writs and other proceed- ings (hall run in the name of thi people oftbt jlate of New-Tork^ and be tefted in the name of the chancellor or chief judge of the court from whence they (hall ifiue. 32. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that a court (balli>e inftituted, for the trial of im- peachments, and the corre<5iion of ernors, under the regulati- ons which (ha41 be eftabli(hed by the le|;iflature ; and to confift of the prefident of the fenilte, for the tmife being and the fena- tors, chancellor, apd judges of the fupreme court, or the major part of them j except, that when an impeachment (hall be pro- fecuied as tog ofA(> Slid fubjfl^ ibis ft That times parts and eftabl or the to, ai tive$. COK«TITtJtiaW'0F NEW.yOltlC. h ftcnted againft the chancellor, or either of the judges of the fupreme conrty the perfon fo impeached fliall be fufjMnded from ^aercifing (his office until his aequitfal: And in like manner, #heii an appeal from a decree in etiuity ihall be heatrd, the clian- oeUor ftall inform the court of tne reafons of bU decree, but 4iall not have a voice in the final il'rttence. And if |he caufe to be deeermined ihall be brought up by writ of error on a quef- ^ion of law, pn a judgment in the fuprcme court, the judges Of thatty him or them, or Any of them, made prior to Uiat day. And that. none of the (aid charters (hall be ' adjudged tp^q, void, by reafon of any non-ufer or mif-ufisr of any of th^If reifpedliye rishts or privileges, between the nine- teenth day of April, in the year of our Lord one thoufand fe- Ven hun^tred and feventy-five, .and the publication of this, con- ftitution. , And lurcher, that all fuch of the officers defcribed in the f^id charters reipe^ively, as by the terms of the faid charters, were to be appointed by the governor of the colony of Kew-Ypr^,. with or without the advice and confent of the coun- dl of the (aid king, in the faid colony, (hall henceforth be ap- pointed by the council eftabli(hed by this.conftitution, for the •appointment of officers in thi.s ftate,. untU Qtherwiittidireaed by the (cgifl^jure. . j ;\i«t->i> h-i:. .^mu; 37. And .>^hereas it is of great importance to the fafety^ df this ftate^ that pQace ai^ amity,with the indians within the ifamc, be at au tim«s fupporfed and m%int^ned« And whereas, .the frauds"t9P.oftenpracli(e() towards t^e faid indians, in con- 'tra^s made fpr their lands,.. have in diver$ inftances- been pro- ' du^ive of daiigerous difcontents and animofities ; Be it ordain- ed,' that no' p'urchafes or contracts for thf( faJe of lands made ;linc'e the fourteenth! day of Oj^ober, in the year of our Lord one thoutap4 ^<^ven hundred and feventy-(ive, or which may hereafter f>^ ^9de with or of the faid Indiana, iwithin the limits of this, ftate, ^all be |)inding»n the faid Indii^St or deemed ' valid, ui\lef§mfi4e lender the authority, aiid with the confent pf the legiflature of fhis ftate. ' ^18. And whereas >ye ace required by the benevolent, prin- " cipres of ratipiial liberty, not only to expel civil tyranny, but CONdTtrUTION ©F MEW-YORK. 67 alfo to guard agAinft that fpirituiil oppreffion and intolerance, wherewith the bigotry and ambition' of weak and wicked priefti and prince^,' haVe Tcoureed iharikind : This convention doth further, in the* name and by the authority of the good people of this iVate, ordaiM, determine and declare, that the free ex- ercife and enjoyment of religious profeffion and worfhip, with- out difcriminatiort or preference, {hall forever hereafter be al- lowed within this ftate, to all mankinds Provided that the liberty of confcienee hereby granted, (hall not be fo conilrued, aato excufe ai^'of ticentioufnefs, or juftify praAices incon- fiAent with the peace or fafety of t^is ftatc. 30; And whereas the minifters of the gofpel, are by their proreflion dedicated to the fervice of God and the cure of fouls* and ought not to be diverted from the great duties of their func- tion i therefore no minifter of the gofpel, or prieft of any deno- mination whatfoever, (hall at any time hereafter, unaer any pretence or defcViption whatever, be eligible to, or capable of holding any civil or military office or place, within this ftate. 40. Ana whereas it is of the utmoft importance to the fafety of every ^ate, ' that it fliould always be in a condition of de- fence i and it is the duty of every man, who ei^oys the pro- • tedlion of fociety, to be prepared and willing to defend it ; this convention, therefore, in the name and by the anthority of the good people of this ftate, doth ordain, determine and declare, that the militia of this ftate, at all times hereafter, as well in peace as in war, ihall be armed and difciplined, and in readinefs for fervice. That all fuch of the inhabitants of this ftate, being of the people called Quakers, from fcruples of confcienee, may be averfe to the bearing of arms, he therefrom cxcufed by the legiflature ; and do pay to the ftate, fuch fums of money in lieu of their perfonal fervice, as the fame may, in the judgment of the legiflature, be worth : And that a pro- per magazine of warlike ftores, proportionate to the num- ber of inhabitants, be, forever hereafter, at the expence of this ftate, and by a6ls of the legiflature, eftabliftied, maintained, and continued in every county in this ftate. 41. Arid this convention doth further ordain, determine and declare, in the name and by the authority of the good people of this ftate, that trial by jury, in^ll cafes in which it hath heretofore been ufed in the colony of NeW-York, ftiall be eftabliftied, and remain inviolate forever. And that no a£):s of attainder ftiall be paftcd by the legiflature of this ftate for crimes, other than thofe committed before the termination of the pre- fent war} and that fuch a^ jn the difcr^^jpAof the Icgi/la- ture to naturalize all fuch perfons, and in fuch manner is they (hall tfiiftkjprpper; provided all fuch of tht perfonsy fi»tobe^ them naturalized, as being born in p^rts beyond Tea* and out of the United States of America,, ihaU coraoito. Settle in, arid become fubje(^ of this ilate, ihsll take an oatH of allegiMiee to^his flate, and abjure and renounce all allogience hndrub* jedlion to all and every foreign king,, princf * pottntite and iiate, 1^ .^U,.i^a(ters eccJefiailicai a% well as ttvU, By wder» ., L:EONaRD GANSEVbdRT, ' 1 li lU |ia$ a ■■•via» %i as &a the w of th< count after 1 and tl I. • goveri 2. chofei ' •; next; qualii rcmai V «9 > ;iur*»!r>/JSu,.-«f^ vT._u;3>»A<^ ■* -^ , ill k:>3 ■'" ..Mi.%-.:onO ";■ H,'.*!^:;^T fit»< ' » «t Tt/ H£ R £ A S all th« oonftUlitiowiil ^wtbority evi^r :p^jMV4 yy by the kings of GreatrBritpiii oyer thefe coloiuws, or {th^ir ot|[«r dominicHniftyiras,, b^ycoo^ndderiycicl from (^ people^ a|)^ M4 of them for t^'c^mflHOin int«reft of the whole fociet^« allegiance and protjB^ion are, in the nature of things, recii- procal ties, each equally depending upon the other, and liable to he di£folved by the other'fr being refufed or withdrawn* And wherea^ Qeorge the th(rd» king: of Great-Britain, has refufed proto^on to the good people orthefi; cplonie«4 and* by affent" iijg ,ta iiindry a&s^f the British parlisment* attempted to fub- je^ them to the abfolute domhiion of that body ; and has alfo made war upon them in the moft crue( and unnatural manner, for no other caufe than ai&iting their juft fights, all civil au- thority under hiin is neceUarily at an end, and a dtflblution of government ia each ci^ony has confequently taken places And whereas in the prefent deplorable fituation of thefe colonies, expoi'ed to the fury of a cruel and relqotkfii enenur> foone form <^ goveriiment is abfolutely neceiTary, not only tot the pre^rvation of good order, biit alfo the more effedually to unite the people, and enable them to exert their, whole force in chcir own.neceiEicy defence; and as the honourable the conti** tiental congrefs, the fupreme council (^ the American colonies, ha$ advifed Aich of tiie colonies as have not yet gone into the meafure, to adopt for ihemfelves reipet^ively, fuch government. as ihall beft conduce to their own happinefs an^ fafety, and the well-being of America ingeneral ; We, th * rcprefennatives of the colony of New-Jerfey, having beta eleded by all the counties in the freeft mannpr»-and in congrefs ailembled, have, after mature deliberations, agreed upon afett of charter i'ights, and the form of a coQjdrtution,, in ntanner following, viz. 1. That the government of this province ihall be vefted in a governor, legiflative council, and general afiembly. 2. Thi!( the lQ8(iflative council and general aiTembly (hall be chofen, for the hrft time, on the fecond Tuefday in Auguft next; the members whereof fliall be the fame in nui^ber and qualifications as is herein after mertioned } and (hall be and remain vetted with all the powers and authority to be keld by 70 CONSTITUTION OF NEW-JERSEV. any future legiflative council and affembly of this colony, un- til the fecond Tuefday in Oftober, which (hall be in the year of our Lord one thoufand feven hundred and feventy-feven. 3. That on the fecond Tuefday in October yearly, and every year for ever (with the privilege of adjourning from day to day, as occafion may require) the counties fhall feverally choofc one perfon to be a, .member of the legiflatiVe council of this colony, who fliall be and have be^n for one whole year next before the elerefentitives, afnnu^lly ele<5l of^ J^eriff, and 9|i« or more coroners} and that they ra^y re-'de^ the fame per(on fo.fuch offices until he fliall have iervcd three years, but no longer; iafter yirhich three years mult elapfe before the fame perfon is capable of being ele^ed again. When the ele^jpn ig certi^ed to the governor or vice-prefident, under -the hands anoihei^ j and that no proteftaht ihhai)itants of this colony' (hall be denied thierijoy- mcfit of any civil right, merely on account of hisreHgious principles; b^t ^hat ^u perfons, profefling k' belief in the faith of any proteftarifc feiftj who ftiall demean theniftlves peaceably under the governnient as hereby .^ftabli^hed,' Ihdl be Capable of ,being.cIe«ed;intoanyp/Sce 6'f pfdfitbr trurt, oi: being a mem- 'l^er pf cither j^raricl* of'the legi'flitiirei and fhdllfalfy 'and fretily 'enipy every privilege and imftiunity enjoyied by others their fellow Subjects. '4 20. That the legifiative department of this govefnihent way, as much as poffiblc, be preferved from all fufpiclori bf torrup- tipn, none of the judges of .the fuprenw or other courts, flieriifs", or any other perfon or perfPife ^offeflbd of any p6ft of profit under the goverr^ment, other than juftices of the peace, (hall be entitled to aftat in the^^iTeinWy j but that on his being elated and taking his feat, his ipfficc or noft (hall be confidered as vacant. 21. That all the laws of this province^ contained in the fcdition lately publiflied by Mr*. Allirtfon, fhall be and remain in fall force, until altered, by. the legiflatui'e of this colony (fuch only excepted as are incompatible with this charter) and (hall be, according as heretofore, regarded in all refpefts, by all civil officers, and others, the good people of this province. 22. That the common law of England, as well as fo much of the ftatute law as have been heretofore pradlifed in this co- lony, fhall ftill remain in force, until they fhall be altered by a future law of the legiflature ; fuch parts only excepted as are repugnant to the rights and privileges contained in ihis char- ter ; and that the ineftimable right of trial by jury fhall remain confirmed, as a part of the law. of this colony, without repeal for ever. 23. That every perfon who fhall be elefted as aforciaid, to be a member of the legiflative council or houfe o^ affembly, fhall previous to his taking his feat in council or ai^rembly take ;he following oath or affirmation, viz. 74 CONSTITUTION OF NEW- JERSEY. (( I, A. B. do rolemnly declare, that, as a member of the iegiflaiive council (or aflembly, as the cafe may be) of the co- Jony of New-Jerfey, I will not afTent to any law, vote, or proceeding, vfWch (hall appear to me injurious to the public welfare of fasd colony, nor that (hall annul or repeal that part of thtt fhird feftion in the charter in this colony, which efc; ulitheb th.vt the elections of members of the legiflative coun- cil uiio nfrtimbiy ihall be annual, nor that part of the twenty. fe tiTi (cdiion in faid charter, refpedling the trial by jury, nor thic iliall „ ;iiul, repeal, or alter any part or parts of the eig' teen.h or iiinctcenth fedlions of the fame.'* And any perfon or perfons, who fliall be eleiSted as aforefaid, is hereby tmpoweredtoadihinifter to the faid members, the faid oath or aErmation. Provided always, and it is the true intent and meaning of this coiigrefs, that if a reconciliation between Great-Britain and theie colonies ihould take place, and the latter be taken again under the protedion and government of the crown of Britain, this charter (hall be null and void, otherwife to remain firm and inviolable. In Provincial Congress, New-Jerfey, Burlington, July 2, 1776. By order of Cengrefs. SAMUEL TUCKER, President. Extract from the Altmtes, William Paterson, Santary, PENNSYIVANIAA men oj prefs (joodn] ( 75 ) pENNSTLVANlA. President. r<&* C O N S T I T U T I O N of the Commonwealth of P«»nn- fylvania, as ejlablljhed by the General Convention, eleSled for that Purpofty .^t\ 7^ CONSTlTUTlOftoV'P^NNSYLVANIA. l^nows to w^at .degree of earthly, happinefs mankind ina,y at- tain, by perfeikmg the arts of government) inpermittinj^ the people of this ftate, by common confent, and without violence, deliberately to form for themfclves fuchjuft rules as they fliall think beft, for governing their future fociety j and beine fully con- vinced, that it is our indifpenfible duty to eftablil^ Tiich origi. nal principals of government;, as will beft promote the general happinefs of the people of this ftate, and their pofterity, and provide for future improvements, without paktiality fbr, or prejudice againft any particular clafs, fe(5t, or denomjnatton of men whatever, do, by virtue of the authority! vefted'inus Hy our conftituents, ordain, declare, and eftablim, the following Declaration of Rights^ and Framr of GwemmtM^.tt be the Constitution of this commonwealth, and to remain in force therein for ever,^ unaltered, except in fuch' articles as ^ flialV hereafter on experience be found ta requiie improvei^ei^t, «tldi which iHall by the fame authority of the people, f^ijrly dete* gated a#this irame of government dire^s, ^e amended or im« proved for the more eite^ual obtaining and fecuring the efcat end and deiign of all government, herein before mentioned. CHAPTER I. A DECLARATION of the RlGBtS of the Inhabitants of the State of Fennfylvania. X. njpUAT all men arc born eaually /rec and independent, . % and have certain natural, inherent, ard t^naliejiab^ rights, amongft which are, the enjoying and. defending life and liberty, acquiring, pone/ling, and nrote^ing property, and purfujng and obtaining happinefs and fafety, 2. That all men have a natural and unalienable right to worfhip Almighty God according to the dt(^ate$ of their awn confciences and underftanding ; And that r^o man ought, or of right can be compelled to attend any religious worOiip, or eredt or fupport any place of worfliip, oir maintain any mi- tt iftry, contrary to, or againft, his own free will and con'fent : Nor can any man, who acknowledges the being of a God, be jiiftly deprived or abridged of any civil right as a citizen, on account of his religious fentiments, or peculiar mode of reli- gious worfhip : And that so authority can or ought to l» veft- ed in, or affumed by any power whatever, that ftiali in any cafe mter- Cd'N«TITUrio''k OP'rENW^VLVA^NiA. yf interfece; with* or in any manne^ controul. the right of con- fcienc* in the free exercife of religious worftip. , '^. ^^y 3. That the people ot this ftate have the fole, exclunve.' and: inherent right of governing and regulating the internal police of the fiime. 4. .That ^l.power befpg originally inherent in, and corffe'« quehtly deriveo from, the people; thcrefore'all officers of go-* verrtment, whether legiflative or excutive, afe their truftce*; and fervftnt»,.and at aMtimes accountable to them. 5. That governrhent is, or ought to be, inftituted for the common benefit, prote^ion, and fecuritjr of the people, lia- tioQ» or community} and not for the particular emolument or advantage of any lingle man, family, or fet of men, who are 3^ part only, of that community: And that the comihunity Hath an unduoitable, inalienable, and indefeafibl- right to refdrii), alter, or aboliih government in fuch manner, as ihall be by, that; community judged moft conducive to the public weal. ' 6. That thofe who arc employed in the legifliative and ex- ecutive bufitiefs of the iUte maybe retrained fVom opprellidn,' the people have a right, at fuch periods as they may think pro- per, to reduce their public officers to a private ftation, aha fupply the vacancies by certain and rcgiiUr elc^Tions. 7. That ail ele^jons oug^t to be treej aijd that al^! free men. having a fufflcient evident common intereft with, send at- tachment to the community, have a right to ele6l omcers, or be eleded into office. , 8. That evefjr member of fociety hath a right tobeprp- teifted: in the enjoymen.t,of life, liberty, and property, and t^er^ore i&. bound to contribute his proportion towards the ex- pencQ of that prote£itiQn» and yield bis perfonal fervice, when neceiTary, or an eouivalent thereto: But no part of a mai>'s property can be junly taken from him, or appl\e^ to pubU<^ irfes, vnthottt his coftfent, or that of his: legal repVefentatives :' Nor can any • man vfko is confcicnciouily fcrujiulous of bearing arms, be.juftly CPmpellefl ^hereto, if he will pay fuch equiva- lent : Nor are the people bound by any laws, but fuch as they Jiave in like manner aflented, to for their common good. 9. That in all profecutions for criminal offences, a man hath a right to be heard by himfelf and his council, to demand the caufe and nature of his accufation, to be confronted with the witneflfes, to call for evidence in his favour, and a fpeedy public trial, by an impartial jury of the country, without the unanimous confent or whicn jury he cannot be found guilty : Nor can h* be compelled to give evidence againfl himfelt : Nor can any man be juftly deprived of his liberty, except by the laws 01 the land, or the judgmen/ of his peers. 10. That 7l CONSTITUTION OF PENNSYLVANIA/ ip. That the people have a right to hold themfelves their houfcs, papers, and pofleffions free from fearch or feizurei and therefore warrants without oaths or affirmations firft made» fkffbrding a fufficieht foundation for them, and wherebv any officer or meffenger may be commanded or required to learch fufpe^lcJ places, or to feize any perfon or perfons, his or their property, not particularly defcribed, arc contrary to that right and ought not to be granted. 11. That in controverfics refpefting property, and in fuits between man and man, the parties have a right to trial by jury, vhich ought to be held facred, 12, That the people have a right to freedom of fpeech, and of writing, and publifliing their ^ntiments; therefore the free- dom of the pref;> ought not to be retrained. I J, That the people have a i ight to bear arms for the defence of tnemfelves and the ftate } and as (Variding armies in the time of peace, are dangerous to liberty, they ought not to be kept up : And that the military jhouM ht kept xxndfK ftri^ fubordi* Ii&tion to, and governed by, the civil power. 14. That a frequent recurrence to fundantental principles, ahdafirtn adherence to juftice, moderation, temperance, io- duftry, and frugality are abfolute neeeflary- to ppeferve the bleffings of \iberty, and keep a government free : The peo- ple ought therefore to pay particular attention to tlieft point* in the choice of officers ai^ re^efcntatives, and have a rieht t» €Tca& A due and conAant rcpard to them, from their legi%itors 9nd magiArates, in the making and executing Cuch U,WK as are- peoefl^ry for the good government of the ftate. Ui*\Y 15. That all men hivt a natural inherent ^ight to emigrate from one ftate to another that will receive them^ or to form » |icw ftate in vacant countries, or in fuch countries a» they can» purchafc, whenever they think that thereby they may. promote therr own happinefs. »«.'.'» ' . 16. That the people have a right to aiTembfe together, to- confuit for their common good, to inftrudit their reprelentatives,. . and to apply to the Icglflature fdr redrefs of grievances, by ad-». drefs, pptition, or rempnftran.ce. '. ' mini ■ , ■ - .. ■ . . . ._ ,/ one < C H A P- wea this I CONSTITUTION OP PENNSYLVANIA. 7J C H A P T E R IT. fLAN or FRAME of GOVERNMEl^t, Seff. I. 'T^HE commonwealth or ftatc of Pennfylvanta X. ihall be governed hereafter by an aflfembly of the reprefentativcs of the freemen of the fame, and a prefident and council, in manner and form following—— StSt, a. The fupreme legiflative power (hall be vcftea in t houfe of reprefentatives of the freemen of the commpnwealth or ftate of rennfylvania. Se£f, 3. The lupreme executive power (hall be vefted in a preHdent and council. Se£t. 4. Courts of juftice (hall be eflablKhed in the city of Philadelphia, and in every county of this (late.. Se£i. 5. The freemen of this common wealth jind their fwis fhall be trained and grmed for its defence, under fuch regula- tions, reftridlions, and exceptions as the general afTemply (hall by law dired, preferviss always to the people the right of cnufmg their colonel, and all commiflioned officers tinder that rank, in fuch manner and as often as by the faid laws (hall be dire^cd. Se£f. 6. Every freeman of the full age of twenty-one years, having refided in this (late for the fpace of one whole year next before the day of election for reprefentatives, and paid public taxes during that time, (hall enjoy the right of an eledor : Provided always, that fons of freeholders of the age of twenty- one fears (hall be intitled to vote, although they have not paid taxes. Se£t. 7. The houfe of reprefentatives of the freemen of thi» commonwealth, (hall confift of perfons moil noted (ot wifdom and virtue, to be chofen by the freemen of every city and coun- ty of this comnion wealth refpc(Elive]y. And no perfon (hall be eleded unlefs he has refidcd in the city or county for which he (hall be chofen, two years immediately before the faid elec- tion; nor (hall any memoer, while he continues fuch, holdiuiy other office, except in the militia. SeS, 8. No perfon (hall be capable of being elected a mem- ber to fervc in the houfe of reprefentatives of the freemen of this commonwealth more than four years in feven. Se£i. 9. The members of the houfe of reprefentatives (hall b: chofen annually by ballot, by the freemen of the common- . wealth, on the fecond Tuefday in Ot^ober for ever, (except this prefent year) and (hall meet on the fourth Monday of the fame IMAGE EVALUATION TEST TARGET (MT-3) A 4^ 1.0 I.I ■^ Ui2 12.2 lit IM ik 1 ^ |,.25| M 11^ < 6" - ► Hiotographic Sciences Corporation 23 WEST MAIN STRUT WIBSTiR,N.Y. 145S0 (71«)S73-4503 Ss I fo CONsTITUTIOiN OF TS^tJ&Y'lV^lXtiiA^ fame month, and (ball be ftiled, Tht General Membfy of Repre* ftniattves of the l^reemmofPennMyfnp^,^nAfi^7^\ have power to chufe their fpeake'r, the treaUiref ot the ftate, and their other officers i fit on their qwn adjournment j prejure bil^s ind^e^ia^ theih into laws } judge of the ele^ioirs antl qtialrBcatiOns of their own members ; they may lexpel a member, but not a iecond time, for the fame caiifej they may adminilt^r o&iliror afirma- tions on examination of witneffes } redress ' grievances > impeach itate cTUnihf^Is; grant charters of incorporation^ "^oqAitute towrns, boroughs^ cities and counties? And ihall halve jdl other jpo^ers nece'Mary for the JegiflaUire of a frqe ftat^ or common- Ivealth : But they Ihall bave no power to add to^ a^r, abdjifli^ or infringe any part of this conftitution. . -^ i.T' ' Sea, 10. A quorum of the houfe of reprefehtatiYei ihall confijftof two thirds of the whole number of members^ele^ed^ and having met and chofen their fpeaker, ihall each, of thenr befo^ they proceed tobufinefs, take.and fubfcribe, as well tlve oath or alffirmation of fidelity andallegianoe herein after dirededy ,as the following^ oath or attrmation, v/z. ''I do fwear (or afHrmji that as a. member of this -aflembly, I will not prppofe or s^ilent to any bill, vote, or re- folution, which fhall appear to me injurious to the people ; nor ■- doorc(Mifent to any Ji^ or thing whatever, that ihall luve-a tendency to lelTen or abridjg^ their rights and privileees,asde6lared ■in the confirtution of this ftate; but will in all thines conduft -^myfelf as a faithful honeft reprifentative and guardian of the ■people, according to the beft of miy judgment apd abilities." And each member before he.talces his feat, fliall malce and fubfcribe the following declaration, v/z. ['"-k'-'r,- ' ** I do believe in one God, the creator and governor 6f the uniyerfe, the rewarder of the good and the puniiher of the fvicked. And I do acknowledge the fcriptureft^rth'tiOld and New Teftament to be ^iven by divine infpiration." Arid no further or other religious teftfliall ever hereafter be required of any civil officer or magifl-rate iit this'ftate. Seff, II. Delegates to repreient this ftate in congrefS;fliall be chofen by ballot Vy the future general aflemb^jr at their' tirO^ meet- ing, and annually for ever afterwards, as lone as i^th re^rofenta- tion £hall be neceflary. Apy delegate may be fuperieded at any time, by the general aflembly appointing another inhis ftead. No man ihall fit in congrefs longer than two yekn fucctffively, por be capable of re-ele^ion for three Tears afterwards : And ^o perfon who holds any office in the gttt 6f the congrefs, ihall hereafter be ele^d ^oreprefent this commonwcahh in cc^n^iist'd. Seff. 12. If any city or cities, cbuAty or counties iliMl hfe- gle£( or refufe to elect and fend repwi^ntadiVes. to thiftgenei^l aifembly that do miforit Ihall ha ambtya Sea. oft^f be and I decencl) quire thi , ^eH, 1 ihall be nays^Ofi inenibers and #hei haveftrij if hedefi Stff»t be more deCbrmihs lie natun before th bate and a iityihall J blys and reafons clearly Sea. t{ be, «« tZtiVjBS of iA eenc And the f>on as ii aflemblyJ wiW) aktdr Sea. commonj vember il t(»beran( yMrone] year OQef P«rfons thtmh iriaki^^thl therefd t^xaUe A; Repre* iwer to r other dLefufik ion^ of fecond ffirma- mpeach Qftitute \\ other Miimon- abbliih; ei (hall oi then well the dire^edy : of this 5, or re- ple } nor 111 have-a &de6lared s conduft an of the illties." make and h-y ' nor 6f the acr of the kiiOldand tereafterbe efs;flulll be r^firft^meet- re^rofenta- eded at any nhisftead. ucctiBvely, rWds": And igrefSyihaU ies (m\ lie- tthifegcneiial alfeiDbly aflboibly, tfifo third! of the metab^rt.frqm the citi^or cdiintiei thit do elea aiMfeaid rcpreibhMtlVt^^ l»roVtde4 they may %t i ', ni^oHty of the dti^ ahd cOttnYiei of t)&'WlioIe ftate, when ttaet ' ihail hav^ til the pb#ers of the gieitelral AHeihbly, as fully and . atobiy « »f JS*« whole n^rc prefeljit. Sta. 1^. The door$ bf^he houfe iA Dirhith thfc i;^rerente, oir refolution, Wheie any %W0 members require it, except Wheh the Votife is taken by bWUot k ! and ^hen the yeas and. nays kte fo takett^ c^ify meihber diall ^ have a right to iikfert the ^eafotts of hift i^ote Ui>oii ihk niinutes^ ifhedefire'it. Sf^» 't$. To the end that Ia#s 1)efdre they are ehaaelt may , be more ibaturely ^Onfidefed, tod the inconvenience of hafty " deffcrmihations as mticH as poi&bld prevented^ all bills of pub* h. lie nature (hail be printed for the cdnfidb^iitibh of the people, before they are rea4 in general aflembly the laft tiine tdtr ^^' > bate and amendment \ and except On Occaifioiis of fudden hecef- iity (hail not be pafled into laws until the neict TeffiOn of a0ein* , blyi iand for the; more pierfef^ fatisfaAion Of the public, the '. reafons and mo^ves foiF making fuch laws (hall 'l^j^^^^^ clearly enpreflW in die pneambles. " ".. Sea, 16. Theilileof the laws of this cbmfln(fttWefbe£lively, (hall Op the ftrft Tueifday of No- vember in this pfcMent year, and on the fecond Tuefd^ iin Qc- t(tber jinnually, for the two next fucceeding years, to ytrrt, the . yMroiie t^Uim (even huhdred and feventy fev^n^ a^nd the year one tlloufanll'fsviet} hundred ahd' feventy eight, chufe fix perfons t6>it|i)ftfeHt>'heih in general a(red)bly. But j^t teprc- fei»t^ENI^:yL;VAH^4.• fyj^ M attest, ana i^ o^ &eiS&nW3t for -pfti. The wag?* ot the^rMrciiw^^y^e^ iff |SMr#?^^^^^ t»d altotfier ftate «^rgwi|all be paid««ic of the jifc ^afurjr. ^ ^w. . , ^Aff. a. Ifl order that the. ftomen of thw <^»iiiinottw«a|th tA'mpfW t^Jieiit ofeleiaidn as eauallv as maybe, u^^ mft^ntehi^tWf^l' cooiniehcr, as dlreOcdMii the for«go»j, fdiftte,fi^mf« of the city of Philadelphia /ind.^ tHeco^^tift^'df l^hiladelpnia, Chell^r.iBnd B^icks^ rei)peaivelj| ffiali clfit^i^ by Wot o(ie perioA for the eity^ and one for each cduhty aferi?f& to ferve for tHreo ycaw and no Ifnnr^ ajt |1^ tirn«i rfrt* filcfcr»OF clc«Wriipre.f^^ m^ g«nf;raTr^flein%. The fiVefifeh of the counties of 'Loncafter, Yoii^CuoibeFltiid, and Qerl^. ilull, in like manQer, ele6)r one perfen for each county refpeaively, to ferv« as counfeHipr^ for two veans, and . no longer. ' Aii^the counties of Northampton, Bedford> N9r- thumbcrland,:^nd Weftmoreland^ refpc^tively, ftally in like manner ele^ one perfbn for' each county, to ferve as counfcl- lorS.fbr one year, and no longer. Ai|d at the expiration of the time for which each connfeUor was cho(en.:jtQ ^rya, tbt freemen of the city of Philadelphia, and of the. ieveral cpuatj^ in this.ftate, refpe£lively, ibail eledt one perfori to ferve 9S counfcUor fbf three years and no longer;, aiidfo on every thiid y*ar fcirever. JBy thU mode of cle«!on,ai>dxofitiny^l rotl^-, on, more men will be. trained to public buUnefs,' (here will in ^ every , ftjbfcq\^ent year be found in thq cpi^^igUK.a ^M'nbN' of. perfoiis acquainted with the {voqeedings jpf the|/p whereby the biHinels will' be more con&Kp^tjf .i^Qo^i^^dti , sni inor^ver ihe danger of eftablifliiing ai>^ inci*3^l^ntx^m^rmr cy will bfe ;«ffe(5ujiily prcyen^pd. .AU.y^^ijjf^q^ijn iKfiWI' cfl th?(tmay_ happen bj^ death* |-eitgi)ation,'Oiri)th^wife^ ftali^ be titled at the ne^t geiibra; ^fo^i^n^^fai^frf&f^miff^m gi-.! nferall aff^inbiy^. UO'eKa particular- e|if$iQ|i.% fhar pm^fe {kali be""f!^aiycr a^Jpoiutied,. by iha pirtfident ai>d cofiitcil* W* mem- m4' the f!^ contanup ; patd«iK, toaw«a)tii ll< tn ben- s. Ami not council ^ lie f«4iow<> w for caek n for each > veare, and iford> N9r- ally in like as counffl- atiq^ of the ferye, tbe rai cpuQtit;^ to ferv? ?$ f v«ry thW here will Hi iQ(i|mb!9r of V|h0.fiWB' iti^f ft^int gi-.! hat {)m!]lefe mem- i|lHtbeljif the gBntcaiaffeaAljry or ^ exate ki pMlgril^ %ftll %c chofto- a Menber of the ccuueit. TIm |trg|ile9tifti^«^yte'< litWi^hnt iball lie otiofea anatvpUy/ty the ^oim Mitt ^^fhe Mitqal fe&ttbly lui^ & (»«||ii^i) .|kis Aadeiy laah> county os' ooHhtiat dha^ «le-■••: -^ ,.._ ■■ *,, ■r>:}.i,l-^< v> /r^ ca|in«il yftaH.maet aanutfUy, «t irtie faiiM^'^ii|M''««id lipttciftitk^fthegefHsariafienfaly. ^t The treafurer of the iiate, truflees iof the loain: «Oi^f ^- m1 afipnrs* 'cc^laftORiiiQf puftonis or exotfr, JiKlgi^f lite ad- jnitaliy afttgrm-gOniral, ^raffii and protftoima^iw; fliftll iiot>tif cafaWeof i feat in the^^enctal afbipiWy, ^caiikre ^buncUf 'br conti«BOts)-iCDfl(grefs,'o:::.'rl!.-.iii:u»i U\r> loi- kvo^t .d&tf. air. TJicpiefidtet, uulis^lt aMaiodilhtyytf-mfi- dent with the council, five of whom-fliatt be a 4|i«!»r4H«ii IQmII .;havett>ower )to aiip(>i3tt:aii|^ 'tommiffionaK^ iqdMs, nqe^l ^^ers, judgr-or^the^lnailaltyvittonKy g^rveral, SvH tfU Mlkeir «A. ,ccft>iciviliani voiclifaary^ except iiiiph as^awch^^ by^'l^fc* jHO^ afisn^y, «r ik» peopk, a|^eeiji|>le t» this fysaiKt o^jp>~ itititinicflif sWu tibe laws tbat ibay be made.bei^fcer $ ind £dl ^Aii>pl| .entry, ^oanvy^.m^uiy office, occ^iqimkI^ by death, i%- £ii^ian,7f«np^al;^< bc' diiquaUilcat^, ukitil the oAbe «att ie fi{led|iii the time and manskif idirtAeit by a lajiv i>r ^s^ «o»Db- ^XksywVeitatfDKm^Qiui^vitli oti|er ibates, ^ADd tvanf- aft^^ufiarf* iHitti tjkto&^voioi covsnioieat, divi) jtf|l mAt' ',ia|K9.^aad«opi»iM|re'liiob. bui&aaif as may apipear to tbomoe- 'mifi[f^$ai)hiyi%iaiart}<^ fcneial aifiemUy. Theyr. 'Mlf* £t «; ffHglM^^^'**^ iMBl'fkiDBgmiQa oo iippeaciMBCiiiil, t^ng lo .triMMT j2ift«Bcev ior^adiice naOy; the: jufttces of ihe iuf^remc ?pwt 's/l^nd fttll have power to gcanc paiidom,' Mtdiieuiit -fliait ) 4MI& in A9Ab aittOi^ afid ihiMdery fiiatl h^« power nci graitt reprijeiiqs, intt .not to patdjiii, 4ine oi the \»%tttidB!0^ fdE^afiaifaiyy bttt:i^ie ihaU be no Temi;ffi[oii or mitigation of punifliments on impeachraew^, exccfR ibyi>f£t rgiii^ IdgiflaMtECf; tbeat aov jalfifttai take cane chat theiawfe be ^ ^MiitavQiks, Tja^a " Ma not 84 ftC0NSTlTIJTION OF PBtKNSYIt VAiniL ]m P««t9«ng thirty diys, in the recefi of the hmifeJa^yt: jl^immv p^nt iuih liccnco as flull be dirafted bvlaw* » MdJhdlhave power to call together the geneiialafftmbl^t When nefirlGtry^, before the da/ to which they Ihallftaiid ad^qi. 9*^f. )i^ne brefideni (hall be commander wa chief of^hefor. . ^^ qf. . the ftaie, but fluU not command in perftn, exX:ept. ad. ^dv4M^theTetD by the. council, ami then eoty fo ionrnethry ^Ml ll|i|K9W thereof. , The prefident and council fhalbbave a i r«i«wy» iind keep fair books of their prdeeedinss, wherein .^^oimfdler may enter his di(&nt» with hit Deafonttltt- flip. 2;|K»rt'ofit>jf ' ■■ ■ ■ .'■• •' ■ "'. ■''''■•'' ii'iJetf,. ^i. AH commiiSons fhall be .in the n»(ne,. and%the authority of the freemen of the commonwealth of Fbimfyl. < viinwi.:ie;dfld .with the ftate feal, ftgned. by ithe preftdfc'it or vice-preftdent, and attefted by the fecntaty^i; which ftal.flK|ll -iek^^iy.-^hd ooiinttl.^ ', ,.:i ^'ij M ■i'-u.-i.^'i-.i ^xiT Stff.ytt* Every officer of ftatr, whether iiudidttj'^ exe. : CHtiv;^ ;ihail be liable to be impeached .by the general . aliem- ^biy.>.xiti>9r..wheQ in the office, or after his refignation^ or le. moval for mal-admlniftratlon : All impeachments fli4Ui»;ihe. . fore th< prdident or vice-prcridentand>c4Mii|cil,'wliD ihalf'hear , mid determine the fame. /r i •••?- ; ySi^" »3> The judges of the fupreme court of < judieatitto -fll»llll»ve fiiced fal9ries, l^e commiffioned for leven« years onTy, .though (iapable of , reoappointment at theend o^ diat.ttfm, . butr jromoveable for miibehaviour at any lime by. the; gneeal . affemhly t they ihall not be allowed to fit u memhenrmthe -cofitinental congrefs, executive oouncily or general 'aii|im|bly, HOC tft'huld any other office civil or military i nor ■ to< tfehf 'Or ff^eivelKS or perquifites of any kindi: ' . - ; '^Af>^ '•'' lii^Sfff* 94* The fupreme court, and die finrcoral courts « coa- > itlKMi .pleai of this commofw^dtfa, ibaUy Mdes thik |k>wen uruaUy.exereifed byfuchcourts^ havethe-pqwers of Ji>iComt sf ijthlMKffr}^ fofar. as rehtes to tlw peiipetuitaig^'teAinony^'oh. <;tai/Hngeyidcnee: from, places not witMn liusiwie^ anitae caie n«f ithil perfons and elates of thofe whftare mn 4,\ti^iitt witir, :#ndr*foch other powers as may be found hea^ary by futui* gt* H»al;.a0eqiblies, liot ineonfiKcnt with, this ottnftitntion. ,/ ,&i^»%Si Trials ihall be by jury as heretolbre : And it it re- ,CPf4cn«nded to the legiflatureof this Aate to provide by Isw agiASfiftfivcry. corruption or partiality inidie: choice, ntthm, or : ap pointment of jurie&j .'nn- •.'■ ^ -':r. :,n^Kiu». . .•• -n-f^i rl iSiff» a6* Courts ;of ieffions, comttimr > dIms, and^ oipham I'ooulits Quil be held %u>fiterly: in each, cinr and coanty; aid . Iniffaifittre Ihall have ptfwer cto^cft^lifli' all iucfa other oourtsas cni^. may judse for die food or the inhabitants of the fleee. ,AM7,ooii«ts ibW beyope]|,!fland jufticefliall'ibe impar^yal- lOiiiifUttdv witboiitcqiiaMtion ior unneeel^y delay : AU thtir officers 4.«. for their fervices : And if any officer (hall. ta]ce greater Of re^ it ^ih)8 iMtthority ,: itfiiM^ j»^ MI his %!l«fi^ rekl' kitd perfbhajlvf^ die ufe of hit' creditors^ in futh manner g9 flialL be hiene^rfiR* f«gulited%1aw; -All j[irironWi»fn bj^i^iaiiibl^ byi'iiffid^nt f«r«ritfi, unlcft fitxrc«]>iul oieiicet^^'ilrheiY isifk^ehtr^ or preOilhbtidli gf«at^ . v >. i... . , o s^ ^g ^i l ha. lUiV Exeeiive' ^aii (k^l nisl^brcka^ea f ,^>ij*<»j.ii ^il. 30; >(U««I «f tbep«i<^ffi^H-'be dca«4 bycjtlil'lri^. AddtM j>f eM:h ciC^^nd co^itty rdb«£HVtm^Mtt -i«^^%^; two or more perfons may be .chdfeAlbr'^lili lii^rd^ tiMftitf^ or diflH^i aft tlie i Vfl^f heteaf^iliiplaV hfvt their^es •W' the. gt^fdnd sibtaiMt'l-'Bift^^rihf ^^ #^; 4tflirtbb1p; ordiftiilliW^il^^cfNlHdbn^Ub, ihalT h«red&r !nl «ithe to^ehaag<-'tli£^lkllniiei' <^f Ipj^tthMWi" j^ftf^^'mft ii(!fti^Mft'tbomitfl|rl0 Niv«M 'fcr/bMrn Andii «IL|f^ri» :*!yvop«f times fhall be admitted to lee the'prifoiwv^^* ^ir labfyvr^ "v>^ 'yfit0Jt¥^\ SVerjr 90CQt, tvf^dthkp jndidtlv bxcttdiivd^ dhilii- IftfMry^ in afiflMfitgr undvr tliii- dommdMddlhhv flmirmke th« following oath or aftntwtton of alkgianc^v atid eeriorah6a)(li of- oIm«4) before Kc. ^btor dn-the aieeottdon df his o^ r.Xhc Q^hr, Ol&:l«fliititfbtilln< off-, allagmnee; <«;'lr . do> fvrakr'j^off ;#n\i^{ THl( & wi4l'b» trthci and fiiitbfMb ton ti»D comtnoinhitfoiitM 9f ,F4i«»fylv«dta-^: Attdvthit I will hbt dira^ ovilidlmai^ d tm; conftkdtiidnT oil gprike{ieoptr'o£Ahiii fiatb, eMo^trlm:*- lavfifofTthl* jpt^kpikidi befbra auytrkMdltttnadariiiPiilififi^f i^t fm>pmwokmr mhkikmif- tato iriir^Tdifedioiigbtitdvappvar (jof t|ft »> we IffgMhfitfgtD M-of ino^ fatriiBlto:iii|p'tllt>M«K)> wodhi bev> i^ not t^toAe^j^ w4udi» bcingtwttt/ ofeftfeWedir. tWHfl Qta ll0TOnlK.burdbnft!.: .- :1 l : : -^-r ^ i}«;iC4t« i^vdry.flDiteigMlf oi gsxf^ chalftOfeB) wftia>aaine9:l«r ffHltf Hv tMit^flfttOi HMtm^Stefh taku, -j >Vt ^Ivr o( djAmwifaiv «e alkgiMM^ t6t tho £ilnrt. liian; piiratoft^t ttir bf (Mnr jiiflliilOi|M' aqqJH»ry*bol audi intitM tk> ail tbe rights of a natural horn Cuhjtaft of this ibtev eic€e|it- that be Ihall not be capslblc of bmng ele£ted a reprefeK^) fatiyij,, untrl4ftcrtwby^ar»re{idcnce/.> ■'. .••!.. J SfSlt4^ The tnhamtaikta) ofi tfaia ^atei(h:|Ur have I(bi;r(]]prtd f9«4jiinkwate^ andt4iersv'hotr»nvatcrpcRii(pdrt3N ac ' Siih,4fl^ A fck6ol flir fohooi)i>Jnllivbe.iD:ai»liflied rin;eaqi).2 oounfcjf) b^.tibtf IcgiH^torr, for ifte conv^entisiit ihftrufliioa oli yxNidi, !Wf lb) /iich T^asi^td tha mB(^rk>paidi bji'tlw ptiMdc^yar idayenab^re thtm tontl){h-u£lryQiuth:vflt:k]«t'pzicBi: And alb:iiiifttii le^reing il^^bc d4i)taiicauraged : anii pronxoitdi iiAione -cpmatiJ UluHvilttfeSft'' > j)-.'i"«t'»Ti' »«'. '-•* ■',?i.M'. •!. H...|j'l Lj..; .''/Aoqoiq ?j.i:/fTi !£i^>4f^i l^aws idt tbereitsoariucnnv^t df '^rfhie^-^dojiK^ veittivtriof'Vfcr acHhinlmilriiiity). fliali bb oncldiB and; conftaatijii? kflflt jik .f oBce^ amir pmH {ion ;0u| 1 4>e nkade as;>f9ciebi8s.er ^ies>e violatea on any pretence whatever* '• ' ^ :iSrA47: In order: that' t)ie freedom «(> this eomiiioRwealtti fluyybe preferred invioUte for ereri tHere'ihaU be <f whom ihall be * quorum ih every cafii«^ except as to calling a conyentioit, in whibh hvo thirds of the whole number deded fhall agree j and whofe:daty it ihill be to chquire whether tlie conftiftttion ha been preferved inviohteiirevtry part f And whether tbelegifk* five .i|nd executive, branlches of government have perforiiied their duty as sniardiansDf the people; or afiumed to themfdves, or exerdied oSier or; greatef powers than they are entitled to by the conftitution : They asealfo to oiquire whether the puUic taxes have been |uftlv laid and coLeocd in all parts -of this || I commoiiwctltfar in «mat .manner the public monies have been difpofed of, and whether the laws have been duly enectttedr For theft purpofes they,ihdl have p^wer to fend for perfons, pliers, and recttds i they ihall have authority to, pafs public ' c;enfures, to order Impeachments, and to recommend to the legiflature the repealing fuch laws as appear to them to- have been enaded contrary to. the principles of the conftitution : ThefepowerstheyihalUcontinuetd'haiK, for and d^iringdie l^ce of one year from the day of their eleAion, and |tb longer ; ^ The fiiid council )of cenibrs ihall.alfo .have power M^dall a , convention, to mee^ within two years after their fitting, if there- riar to them an abfolute neceffity of amebidtiig any iMicle of conftitution which may be defiedive, explaining mttl|»ted ^r iuSt fix montbs.befibie the dajf appointedl^finc tM dcAion oCifiKh. convention^ for the - previous confideration of the peoplef':tl»r they may hwe-an opportunity of inftrudling^ thett delegates on the rubjeA*- • *<■>!( ■?1 ■ .1 ( P9 ) DELAWARE. A DECLARATION of RIGHTS and Fundtmtntal Ru'ts »f tbt Delaware 5/«//, ftrmtrlj Jllltdy The Government of the Counties of Newcaflle, Kent, and Suflex, upon Delaware. I. 'T^HAT all government of right originates from the people, 1 is founded in compact only, and inftituted folely for the good of the whole. 2. That all men have a natural and unalienable right to wor- fhip Almighty God according to the diaates of their own confciences and underftandings \ and that no man ought, or of right can be compelled to attend ;iny religious worfliip, or main- tain any miniftry, contrarjr to or againft his own free will and confent, and that no authority can or ought to be vefled in, or af- fumed by any power whatever, that ihall in any cafe interfere with, or in aay manner controul the right of confcience, in the free exercife of rel i^ious worfhip. 3. That all perfons profcfling the chriftian religion, ought for ever to enjoy eaual rights and privileges in this {(ate, unlefs under colour of religion any nian difturb the peace, the happinefs, or fafety of focicty. 4. That the people of this ftate have the fole, exclufive, and inherent right of governing and, regulating the internal police of the fame. 5. That perfons intrufled with the legiflative and executive powers are the truftees and fervants of the public, and as fuch ac- countable for their condud ; wherefore, whenever the ends of government a^e perverted, and public liberty manif^flly endan- gered by the legiflative fingly, or a treacherous combination . of both, the people may, and of right ought to cftablifh a new, or reform the old government. 6. That the right in the people to participate in the legiHature, I is the foundation of liberty and of all free government, and for this end all elections oug^ht to be free and frequent, and every freeman having fufficient evidence of a permanent common intereu: i with, and attachment to the community, hath a right of fuiFrage. 7. That no power of fufpending laws, or the execution of laws, [ought to be exercifed unleis by the legiflature. 8. That for redrefs of grievances, and for amending and ftrengthening of the laws, the legiflature ought to be frequently Iconvened. 9. That every man hath a right to petition the legiflature for [the redrefs of grievances, in a peaceable and orderly manner. N 10. Tha 90 CONSTITUTION OF DELAWARE. 10. That evtry member of foctety hath a right to be proteAed in the enjoyment of lite, liberty, and property, and therefore is bound to contribute hi» proportion towards the ejtpence of that protection, and yield his perfonal fervice when neceflary, or an eauivalent thereto ; but no part of a man's property can be juftly talcen from him, or applied to public ufes without his own con- fenr, or that of his legal reprefsntatives : Nor can any man that is cOnfcientioufly fcrupulous of bearing arms in any cafi;, be juftjy compelled thereto, if he will pay fuch equivalent. 11. That retrofpedlive laws puniihingoflTences committed be- fore the eXiflente of fuch laws, are oppreffive and unjuft, and ought not to be made. 12,. 7' hat every freeman, for every injury done him in hit foods, lands, or perfon, by any other perfon, ought to have remedy y the courfe of the law of the land, ind ought to have juftice and right for the injury done to him, freely without fale, fiiljjr without any denial, and fpeedily without delay, according to the law of the land. 13. That trial by jury of fa^ks where they arife, is one of the grcatcft fecurities of the lives, liberties, and eftates of the people. 14. That in all profccutions for criminal offences, every man hath a right to be informed of the accufation againft him, to be allowed counfel, to be confro'nted with the accufbrS or witneflies, to examine evidence on oath in his favour, and to a fpeedy trial, by an impartial jury, without whofe unanimous confent he ought not to be ifounJ guilty. 15. 1'hat no man in the courts of common law ought to be compelled to give evidence agaihft himfelf. 16. That exceiBve bail ought not to be required, nor exceifivt lines impofed, nor cruel or unufual punilhments inflidled. 17. That all warrants without oath to fearch fufpe^ed places^ or to feize any perfon or his property, are grievous and oppreffive; and all general warrants to fearch fufpedled places, or to apprehend all perfons fufprded, without naming or defcribinff the place or I any perfon in fpecial, are illegal, and ought not to be granted. 18. That a well regulated militia is the proper, natural, and Tafe defence of a free government. 19. That {landing arihies are dangerous to liberty, and ought not to be raifed or kept up without the confenk of the legiflature. 90.. That in all cafes and at all times the nnilitary ought to bt under ftritSI fubordination to, jind governed by the civil power. 21. That no foldier oCight io be quartered in any houfeinl time of peace, without the confent of the owner } and in time of war in fuch manner only as the leeiflature ihall dire^. 22. That the independency and uprightnefs of judges are ef- fential to the impartial adminiftration of juftice, and a great fecurity to the rights and liberties of the people. I 23. That the liberty of the pfefs ought to be inviolaWyl preferved. qbi\ to am tb*L Cour th/i Stat* ( 9' ) jr^CONSTITUTION.^rSyftemofGovernmcnt.^^rw^ to and rtfthftd upon hy tht Rtpt tf»ntativit in full Convention of thi Delaware State, formtrly Jiiod^ The Government of the Counties of Newcaflle, Kent, and Sufiex, upon Delaware ; tht faid Rtprtfintdtiwi being cbofon hy tht Ftttmtn of tht faid Staitfor that txpreft Purpoft, T. 'HP HE KovernmenC df the counties of Newcaflle, Kent and A Suilex, upon Delaware, fliall hereafter in all public and other writings be called, Iht DtLwart Slate. 2. The legiflature (hall be formed of two diltin£l branches : They (hall meet once or oftener in every year, and fhall be called, The Gtneral AJftn^lj of Dtlawart, 3. One of the branches of the legiflature Oiall be called. The Houfe of JJfembly^ and ihall confift of feven reprefeutatives to be cboien for each county annually, of I'uch perfons as ace free* holders of the fame. 4. The other branch fliall be called, Tht Council^ and coftfift of nine members ; three to be chofen for each county at the time of the firft eledtion of the aflemb'v, who ihall be freeholders of the county for Which they are choftn, and be upwards of twenty- five years of age. ' At the end of one vear after the general eleiislion, the councillor Who had* the fmalleit number of votes in each county^all be difplaced, and the vacancies thereby occafioncd fupplied by the freemen of each county chuofing the fame or another perfon at a new eleiSion in manner aforcfaid. At the end of two years after the firft general eIe(5tion, the councillor who ftood fecond in nUniber of votes in each county ihall be difpiaced, and the vacancies thereby occaiioned fupplied by a new ele<^ion in manner aforefaid. . And at the end of three years from the firil general eleAion, the councillor who had the greatcH: number of votes in each county ihall be difplaced, and the vacancies there- by occafloned fupplied by a new eledion in manner afore(i)id. And this rotation of a councillor being difp'aced at the end of three years in each county, and his office lupplisd by a new chDic99 ihall be continued afterwards in -due order annually forever, whereby, after the firft general eledion, a councillor will remain in truft for three years from the time of his being ele^ed, and a councillor will be difpluced, and the fame or another ehWofl in each county at every ele«5tion. 5. The right of fuffrage in the eleflion of members lor bgth houfes ihall remain as exercifed by liaw at prefent } and each houfe ihall choofe its owft fpeaker, appoint its own officers, judge $f the qualifications and ele^ions of itf own member9| fettle it» awA Na t\nU% * CONSTITUTION OF DELAWARE. rules of proceeding, and dijedl writ$ of eledtion for fupplying in- terinediate vacancies. They may alfo feverally expel any of their own members for mifbehaviour, but not a feconi time in the fame fei&ons for the fame offence, if re-ele(5lrd; and they ihall have all ether powers neccifary for the legiflature of a free and inde- pendent llate. 6. All money-bills for the fupport of governntent ihall originate in the houfc of afTembly, and may.be altered, amended or rcjci*if' 7. A prefident or chief mag illrate ihall be chofen by joint ballot of both houfes, to be taken in the houfe of aiTembJy, and the box examined by the fpeakers of each houfe in the prefence of the other members } and in cafe the numbers for the two higheil in votes ihould be equal, thtn the fpeaker of the council ihall have an additional cafting voice, and the appointment of the perfon who has the majority of votes ihall be entered at large on the minutes and journals of each houfe, and a copy thereof on parch- ment, certified and figned by the fpeakers refpedively, and fealed with the great feal of the ilate, which they are hereby authorifed -to affix, ihall be delivered to the perfon fo chofen prefident, whp ihall continue in that office three years, and until the fitting of ;the next general aiTembly and no longer, nor be eligible until the expiration of three years after he ihall h^ve been out of th^t of- fice. An adequate but moderate falary ihall be fettledon him 4uring his continuance in office. Hen^ay draw for fuchTuhis of money as ihall be appropriated by the general aiTembly, and be ac- countable to them for the fame; he may, by and with the advice •of the privy council, lay embargoes or prohibit the jexportatien -of any commodity for any time not exceeding thirty days, in the recefs of the general aflembly ; he ihall have the power of granting pardons or reprieves, except where the prufecution ihall be carried on by the houfe of aiTembly, or the law ihall otherwife dire^, in which cafes no pardon or reprieve ihall be granted, but by a re- folve of the- houfe of aflembly j and may exercife all the other executive {towers of government, limits and reilrained as by this cdnilitution is mentioned, and according to the laws of theilate. And on his death, inability, or abfence from the (late, the (jpeaker ofthe legiflative council for the time being ihall be vice-prefident; and in safe of his death, inability, or abfence from the ilate, the fpeaker 0/ the houfe of aiTembly ihall have the powers of a prefi- dent, until a new nomination is.made by the general aiTembly. 8. A privy-cbuncii confifling of four members fliall be chofen /by ballot, two by the legiflative- council, and two by the houfe of liflembly : Provided, that no regular oflicer of the army or navy in the ferv'ce and pay of the continent, or of this, or of any other ilate CONSTITUTION op DELAWARE. i% ip1y4ng in« ny of their in the fame ' (hall have ; and incle- ,11 originate or rcje(Sied fiances may tuncil, and joint ballot ind the box rnce of the D htgheft in 1 (hall have the perfon arge on the >f on parch> r, and fealed ^ author! fe«l ifident, whp he fitting of ale until the t of th^t of- tledon him uctnTuitis of , and be ac- h the advice exportation days, in the of granting ill be carried fe direct, in )ut by a re- lit the other ed asby this of the ftate. , the fpeaker prelident ; ie ftate, the s of a prcfi- aflembly. ill bechofen the houl'e of y or navy in jf any other ftate ftate^all be eligible. And a member of the legiflatLve cottrtcil or of the houfe of afTemhly being chofen of the privy-coyncil', and accepting thereof, ih^ll thereby lofc his feat. Three mem- bers (hall be a quorum, and their advice and proceedings (hall bt entered on record, and figned by the members prefent, (to any part of which any member may enter his diffent) to be laid beford the gcndiral afTembly, when called for by them. Two members fhalfbe removed by ballot, one by the legiflative cduncil, and one by the houfe of iiuerhbfy, at the ehd of two years, and thofe who remain the next year after, who (hall feveraliy be ineligible for this three next years. Thefe vacancies, as well as thofe occafiohed by death or incapacity, (hall be fupplied by new eiedions in the fame manner. . And this rotation of a privy-councijlor {hall be continued afterwards in due order annually for ever. The prefldent may by fummons convene the privy-council at any tinW when the public exigencies may require, ind at fuch place as hh fliatl thiink moflr convenient, when and where they arc to attend accordingly. ' '"' g. The prefident, with the advice and "confent of the privyJ council, may embody the militia, and ad> as captain- general anil commander in chief of them, and the other military force of this ftate, under the laws of the fame. '"''^ 10. titbtr houfe of the general afTembly may adjourri' them»4 ftlves refpedively. The prefident (hall not prorogue, aidjourn, or di(ro!ve the general afliembly, but he may, with the advice of the privy-couhcil, or on the application of a majority of either houfe, call them before the time to which they (Iiaj I (land ad- journed ; and the two houfesfllali always (if at the f^ime time and place, for which purpofe immediately after every adjournment; the fpeakerr of -therhiiufeof afT mbly (hall give notice to the fpeaker of the other houfe of the time to vhich the houfe of aiTembly ftandj adjbirrtied. ' ... < , 11. The dt'ltgates for Delaware to the cbngrt-fs of the united ftatts of America, (hall be chofen annually,- or fuperfeded in the mean time, by joint ballot of both houfes in the general aflembly, 12". The prefident and general aflsmblyfliali by joint baMot ap- point three jufJices of the fu'preme court for the (tate, onvs of whom (hall be chief-jyfUci, and a jydge of admiralty, and alfo four ju(liccsof the courts of common pleas and orphans courts for each county, one of whom ii^ each court (hall bt ftiled Chief Jujiict (and in tjife of'divifion on the ballot, the prefident (hall have an additional cafting voice) to be commi(Hont'd by the' prefident uodtr the great feal, who (hal| continue in office during good be^ haviour \ artd during the timii the juftices of the faid fuprene court and courts of common-pleas remain in office, they (hall hold none other except in the militia ; any one of the juftices of either of laid courts ihall have power in cafe of the non -coming of hi% . brethren. * i ^ CQNSTITUTION OP DELAWARE, brethren, to open and adjourn the court. An adequate, fixed, Vwt moderate falary fliall be lettled on them durino; their con- tinuance in office. The prefident and privy cbuncil inall appoint tl^ fecretary, the attorney-general, regifters fpr the probate of willa» and granting letters of adminiftratioht regifters iivchancery, clerks of the courts of common-pleas and orphans courts, and cierks of the peace, who (hall be commiifioncd as aforefaid, ^nd remain in o^ce during five years, if they behave thcmfelves well } during which time the faid regifler^in chancery apd clerks l^iVnot be juftices of either of the ^>d courts of whichithey are p0icers, but they ihall haveauthority tofign all.writs by them iffued, and take irecognizai^res of bail. The juftices of the peace Iball be noipinaped by thehoufeof aff.mbly, that is to C^y, They (hail name twpi^ty-four. perfons for each county, of whom the pfcfident, with the approbation of the prjvy-council, Ihall appoint twelve, whoihall.be com^iifHoned as afore faid* and continue in pf&fic during feven years, if they behave themfelves vifell j js^nd in cafe of vacancies, or if the legiftature fhall think proper to in- creafe the number, they ihall be oo(ninated and appointed in like fi^nner. The memberi of the, legiilative and privy councils ^)MI beJMdices of the peace for the whole ftate, during their continuance in truft ; and thejuilices of the courts of common- lileag (bail be confervators of the peace in their refpe^ive counties. '.rlS* The jufticcu of thecourts ofcooimon-pleas and orphans Courts fh\\\ have. the power ofholdiug inferior courts of chancery as heretofore, uniefs the legiflati^re fhali otherwife direct. 14. The cleric of the fupreme court (hall be appointed by the chief juftice thereof, and the ffscorders of /Jeeds by the Juftices pf the courts of common-pleas fur each county fc[vera|Iy, and commiflioned by the preftdent under the great feal, aiid coiUinuC inpfficefive yc?c»» if they behaye themfelvcs welU. , , " ' 15. The flieriffs and coroners of the refpedi ye .counties ihali be cnofen annually s^s hereuifore^ and any perlbn having ferved three years as ifaerAff,, ihall be ineligible |br three yqir^ afttr i and the preftdent and privy*council ihall have the appointment of fiich of the two candidates returned for the (aid office^ of (herifFs ^nd coroners, as th^ ftiall think, be/i qualified, in the fame man- ner that the governor heretofore enjoyed this power. 16. The general aftem^ly by iotpt ballot fhall appoint the ^hcrals and ficld-oScers, and all. other o^cerjs in the. army or navy of this ftate. And the preftdent may appoint during pleafure,'until otherwife dircded by the legiJlaiure, all neceftary civil officers not herein before-mentioned. 17. There ihall be an appeal from thi: ftiprcme court of iDelaware in matters of law and equity, to a court of feven perfons, .to coniUl of the preftdent for the time being, who fliall prefide tbei^in, and fix others, to be appointed, three by the {egiflativc council. CONSTITUTION OP PEL AW AM- U council, and three by the houfe of aflembljr, whofliall continue in oftce ducing good beh^tviour, and be commiiHon^d by the prefi- dent undqr the great feal } which court fliall be ftyled^ Tit Court of '^PPf^jh and have all the authority and powers heretofore given by law in tjlie laft refort to the king in council, under the old goyerfiment. The jfecretary ihall be the dcrk of this court, and vacancies thereiii occafioned by death or incapacity, (hall be fup-n plied bynew elections in manner aforefaid, 18. i^t juftices of the (upreme court and courts of cominQit-, pleas, the members of the privy-council, the .fecrctary, t^^ truftees of the loatiroffice, and clerks of the courts of cQmmoiif>, pleas, during their continuance in office, and all perfons con- cerned in any army or navy contru£bs, fhall be ineligible to either houfe of aflembly ; and any member of either houfe accepting of any other of the offices herein before mentioned (excepting the. office of a juilice of the peace) (^..11 h;ive his feat thereby vacated, and a neweledlioh ihall be ordered. ... 19. The legillatlve council and afTcmbly (hall have the power of making the great feal of this (late, which (hall be k^pt by the prefident, or in hisabfence by the vice-prefident, tobe uied by them as occafton may require. It (hall be called, The Gnat Seolof the Dekwart Stat*, and (hall be affixed to all laws and commiffions. 20. Commiffions (hall run in the name of Thi Delaware StMte^ and bear left by the prefident. Writs (hall run in the fame man^ ner,and b«ar teft in the name of the chief juilice, or jufiice firft named in the commiffions for the feveral courts, and be fealed with the public fe^ls of fuch courts. Indi£kments (hall conclude, Againji the ptact and dignitj of thtjiate. 21. In cafeof vacancy of the offices above dire«s ^ I^ft^yhp^^, i> /rf« and/uU C«Ny SNTiPK sjimkkd* -. ■ ■ ■ t ■ [J£ pg'rltamcnt of Qjreat Briuint by. i^deplnratory ad, hMr<^ ijog a^Jiifnf;(l a cigh; tp mf jc^' laws, to bmdfthe oolooiet in all ;sKw)^rcwy.<:r*and in purfifa^ce qC fiAGhcl»nje«dMkvouw 2. l^hat the.p^eof this fUt? oughl tohftvefehe fole andient clufivi; r^b^of regulating the ioterhal governoiient and poUct thereof. , 3. That tbe inhabitants of Maryland are cAtitlcd totheicoiDr Bion la^ of £ndan(),and:th«trl«l bylury tciccffdingtoithecpurfe of that law>, aiid,tq the bei^iit of fHch;Ot thfi Englifli ftatvutcs as c;xifted.attbe tin^e of thc;ir, firft emigration, and which bjeexpffrr rience have been found applicable to their local and other circumtt ftances, and of fuch other^Mihaye been fincc made in EngUnd* or Glieat-Hritain, and have bf^Oi iatrpdnced^ u&d, and pra^fatU by the courts of law or e<|)kit^ { and alfo to allaaa of afleoibly in,forc^Qn;thc^iirftof JMoeieventeen hundred. and ifeventyrfour* cxcept^fuch s^ may have iliice ei^pired, or hav* been, or maqriibe altered by ads of (convention, or this declaration of rights, fub-r jdft nev^rthelefs to the rcvilion of, and amendment; or, repeal by, thp, legiflature of this Hate; and the inhabitants of Mary^ land are^ib entitled to »\\ property derived t» theia fronxor uns- derthe charter granted by his Majefty Charks L to Caecilius Caltiot, baron of fiattimoit. « 4.. That 4. Thi powers of aitouiltal goverhiite gered, an< may, and gOvernme power am ffood atid ^ 5. Ths itthebefl vernmeAt qurnt, an with, and fufFraia^. 6. Tht vtrhmeiir, othtir. 7. THj l^WI, tthh etciftd or 8. Ths legiflature dicatutt. 9. ThJ be fixed, 1 depofitory convened 10. Tl ftrengther frirqurnth 11. Ti for the re< nci-. n. Tl ratted, or giflature. 13. T five, and fefled for the ftaie < the fuppo or perfon may prof for the gi 14. T cnfUtent 4. That all pclrfeht InVtfted^^h thk le^lltkrive ^'r e^it^itiVe powers of Rovernment are the truftets of the public^ ilhd ak ftti;h a^cduiltable fair iKbir tondu£k t W1ieR^6re. Whenever 1^^ ^ndlbf govirhii^t art |rkrverted, and public liberty maiiifcitly isnddn- gered, and all othet means of redref^ are inelre€tual> tn^ people may, and of rieht ousht to reforiii tlh^ old or eftabliffi a neW gOvernmeht ^ tne doclrSni of non-refiftikiVf:e againft arbitrary power and oppreffion, is abfurd, fliiviKfe, ind dettrud^iVe of the godd atid happiiteft of mankind. 5. That the right in the people to participate in the legiflature is the beft fectiritjr of liberty, and the foundation of all free go- vernmeAt ; for this puirpofe,' elections ought to be fre^ and fre* quent, and every man having property in, a common inteireft with, atid attachmeliiit ilo the community, ought to have a right of fuffirage. 6. That the legfflative. ekecutrve, ind jUdtci^ pow«r&Of go. vi^hmerity ought tb be ft^ftver iepairate itid diftirt«!t fi^biheach other. 7^ That n6 |toWer of fufpetiding la^s, or t^e execution of Ij^wi, tthleffs by, OirdeHved frOm the legifiatui^e, ought to be ex* e^ftd or alloW<^. ' 8. That frei^dom Of f^tdh and. debated, or prqceedi()gs in the legiflature, ought not to be impeached in ilny other CbUh of jtt* ^; That a placS for the meeting of the legrflatur«l iiaght to be fixed, the mdft convenient to the liibmbers mereof, ahd to the depofitory of public recdrds, and the legiflatiire oUgbt hot to be convened 01' hdd ^t aily other t>lace, bat ftbtA evident rieceffitjr. 10. That fdr redHefs Of grlevanc6&, ^tiiil for amehding, ftrengthening ind preferVing the hW»x the legiilatute bugbt to be frequently cOrivkrteJil 11. That every man hath a right to petition tbe leg;tflaturn 23> That all warrants wi'thoiit oitn or affirmation, to fearch fufpeded places, or to feize any perfon or property, are grievous and oppre^vc} and all general warrants to fearch fufpeded places, v/i lO apprehend lufpeAed perfons, without naming or defcribing the place, or the perfon in fpecial, are illegal, and ought not to be granted. 24. That there ought to be no forfeiture of any part of the cftate ofany pe;fon tor any crime, except murder, or treafon a- gainft the ftate^ and, then only on cdnvi^ion and attainder. 25. That a well regulated militia is the proper and natural defence of a free government* a6. That >. ade in any itted before d criminal,, , wherefore ' eafon or fe« fter. in his per. of the law elv without delay,^ ac- one of the the people, th a right to copy of the rpare for his ith the wit- , to examine fpeedy trial ent be ought evidence a* other court, this ftate, or foned, or dif- )utlawed, or his liicf li. rs, or by the, nor exceffive Hiifted by the on, to fearch are grievous ch fufpe^ed E naming or illegal, and Y part of the or treafon a- tainder. r and natural a6. That CONSTITUTIOU Op JTARYLAIiD. mi "26; That fttbding armiciaiurc dangerous to liberty* ai^ obght not to hA.raifed or kept without content of the legi^atuiv. 27* That in all c«fes and at all tir MARYLAND. «•• Btthtle. IX fnr the ilual the colteAed orfliip or Unacion, hapches, e to the Eni^and oIleAing r chapels the legi- > county ley here* i^irdens ; hath re- Ititkd to entitled, England ent year» or partly and per** minifter^ > any rt-* fepport, acher, or Order, or ;eis to gd tr or do«* very dc* >eneRt of as fuch, the leave lie, ^u o «•! for a DUr iM only fliall be required I oath of as fliall lis flate^ pe^fon, or or denominiition, of which fuch perfon is one, generally efteem the mott efle£kual confirmation by the atteftation of the Divine Heing. And that thopaople called Qyakcra^ thofi^ealfodilhiit. kers, and thofe called Menonifts, holding it unlawful to take an «ath on any occafion,; ought to be allowed to make their 'ft^kvui ^mation, ioi (he maoner that Qt,Mkera have.been heretofole al- lowed to affirm, and to be of the fame avaih as an oath in alP fuell cajcf., ts tile aflSxmatioA of Quakers hath been allowed and ac- cepted wUhin this ftate». inftead of an oath» AihIi farther, on fuck afirmation, warranta<4o iearch for ftolen goods, or for the ap» preJienfioo or committntnt of oiFeuders^ ought to be granted^ o« ibcurity for the peace* awarded, and Quakert, Dunkers, oe Me*- nooifta* ought alfo, on their folemn affirmation asi aforefa«(i,i,tBi be adnaittea as wutnefies. in*) all criminal cafea not capital, , 2f* That the city of Annapolis ought to have all its riffl|ta« privitega«». and benefitSi agreeable to its, charter, and the*.■.( . ^S* Xh^tthe liberty ofj,t|iiB.pr6fti nught; to b« inviolably pK^ HBrved* . .' .',.j.'.'. > ii; . 'i r,>, iif-i 'li.i'A. ',■: .. I''f.-(>^Th- 39,. That monopolies are odious^ contrary to thefpinl of-: t free goveromentt and the prfnci:)le«. of. commerce, and oujg^tnob to be. differed.. ■• . -■■ 'fv-.-'/'n* ^ 4O4 That no title of. nobility or herediiaryi honours ougljc ta^ begrjMi<«d)in thi»;ft«lc«.,!,nii*,.| ;• . -.f .j .j-'ji to ■■<- .r/o'^u 41., That the fubfiidiigirefolves of this^wdthefeveril ofikii,,H. vm Thil.deeltfaiion of rights: was affented to and p^fK^d it^ifii^it^ vention of the delegatesof;th[C freemen of M^ryLnUib^uB/aiKdt held aft Annapolis the i4jch'day of Auguft, ii» X>«_ i^.jb^i ' .^ Bjf9rd0r t/tk*!eonvsHt!w^\ MAT. TILQMU AN, />r^4ifc»/. nvl M <• . :M. .» •1. !,.• 1 .' j<»r C i04 ) ?:* n... IhKGQNSTlTUTIQNi »r FORMtf GOFEMMBNT^ &e. t. fV^HAT the fegiflature confrfl of two diftinA branohet, « I fenate, and a houfe »t' delegttef, which ih«ll b« ftil«d, ThiUtneral J^mbiy tf Maryhnd, 2. TKic the houfe of dclegat«g fjall be chofen in the follow- iiic; inanoer: All frcimen above twenty-one years of age, having a freehold of fifty acres of land in the eouffty in which they on fer to vote, and refiding therein % and all freemen having' pro- perty in this ftate above the value of thirty pounds current mo- n%yi Mid having refided in the countv in which they offer to vote, one whole year next preceding the elcAion, (hall have a risht of fuffbee in the elcAion of delegates for fuch county} and all free- men To qualified fliaM, on the firft Monday of OAober feven- teeh hundred and feventy-ftven, and on -the -fame day it every year thereafter, ailenible in the counties in which they are re- ipedively qualified to vote, at the court-houfit in the faid couil- titt; or at (uch other plaor as thelegiflature (hall direA, and \ de- cresfeyas.that the number of perfont having a right of fuffrage thrAin*i(hall have been for the foace of fevcn years fucocffively left than 4>fte half the number pf voters in ibme Ohe county in this ftaCe, fuch ttowo thenceforward «taf(^ to fend two dclegatea or ceprefentatives to the Eloufe of « delegates, until the faid town fliall have one half of the number of voters in fome one county in thiaftate. ,. ^ > .: ■■ h* That the commiflioners of the faid town, or an v three or more of them, for the tinae-being, (hall be judees of the (aid e- icdioni and ma^ adiourn as aforefaid, and Jaall make return thereof as aforefaid { out the inhabitants of the faid town fliall not be entitled to vote for, or bceleded delegates for fialtimore coun* tv ) neither (hall the inhabitants of Baltimore county, out of the ilmks of Baltimore town, be enftitlcd to vote for, ojr be eledcd delegates for the faid towh. ;;, 7. That on refufal, death, difqualification, refignatlon, or re*" moval out of this (kate, of any delegate, or on his becoming governor, or member of the council, a warrant of cleAion.fhall iflue by the fpeaker, for the election of anofKer in his place, of which ten days notice at leaft, excluding the djiy of notice and day of election, (hall be given. ' 8. That not lefs than a majority of delegates, with their fpeaker (to be chofen by them by ballot^ conftitute an boufc for the tranfaction of any bufmefs, 6ther than that of adjourn* ing. 9. That the houfe of delegates (hall judge of the election^ and qualiticationft of delegates. ' 10. That the houfe of delegates may originate all money bills, propofe bills to the fenate or receive thofe oflFered by that body, and alTcnt, dilTent, or propofe amendments; that they may in- quire, on the oath of witnelTes, int6 all complaints, grievances, and offences, as the grand inqueft of this ftate, and may coijunit any perfon for any crime to the public iail, there to remaiilpll he be difcharged by due courfe of law i they may expel any mem- ber for a great miidemeanor, but.not a feoQnd tinje for the faine caufc \ they may examine and pafs aU a,ccounts of ^he ftate, re- lating either to the colledion or expenditure of the revenue, or appoint auditors to ftate and adjuft the (ame j they may call for P all ftH public or oiBcial paper^ an^ recirdc, and fend for ptfrfdnf; whom they may judee neceflary.,' in the courfe of their inquiries, cdn may arife, sffin^V Jcvy-* ^overnmsnr, g money ia tpri(bnment, eir view, by ;o» or ibule iroceedings } Mrho Ihalibc procefs, or tting, or on >or by any ution of any r witnefs, or or from the houfe; aod fes. another for office may leafure, an^l > or removal reafurers, in 1 the adviot proper per* the meeting 14. That ' t44 ffh^ ihiKetim^' day of'ScfltdMberi ifSi. M on the m» 6ttf in fen^te; and the ihef iff of e^ch county, or in cafe of fi^kiel^, hi* daSWf^f» periertctB siftd yfrtuei JkBove tkenty-five yea^s of age, i-dfidents df the i^ate s|bove three whole years next preceding the ele£li6ft,' Wnd havinff I'e&l and perfoqjal property abov'eth^ value of dUb 'thoufand pounds current money. 16. Tfilit the ftnirah fiikll be ballottd fofr, at one and the fame timt, ind* out of the gemSemen refiden^ df the weftemtihoir^, V^h^ ihfin be propofed m fiMaCors, I'he hfrie tirho fliall, oh ftrilEih); the ballots, appear to have the gi^teft niimber in thdir favbuf, (h^ll ht ic^ordindy declared and returned duly eiedled; and put of the eentlemeh I'^ndents of the eaftern fliore, who (hall be pmpolba as fenatdh^ the fix who ihall, on ftriking the ballots, appear to have the greateft number in their favour, ihal,l be ae« cordingly declared'^nd returned duly elc^ed ; and if two or more, on the fan^e Aiore, fhkfi have an equal niimber of ballots in their favour, by which the choice ifaati notjbe determined on the firft ballot, then the elefiqrs ihali again ballot before thev feparate. in whith they (hall be tokifined td the peHTdns who on the nrft ballot fhail have had ih equal number | and they w)io Ihall have the greateft number in their favour on the fetotid baibt» ftall be ac- P a cordingly IPS CONJTITUTIpNvOFi-MlM^YlAlf^. cordtngly declarfQ, ^ho have equal numl)en i which proceedisgi,. of. .the ele^or^!(,ik9ll |)e certifici under their j^n^ji^ fii\d re^rm.it' -^■-"••^A 'to •■.'-- •- m.-. 18. That the ele^ors immediately , death, relignatipn, qifqualincation, Qr,r^ipoyali:>ucof, tbisftate,'of any fenator,, ^r on hi^;)pecoming gpif^nii^ or a jneQi^ pf : the icouncnr th^ fenate mall .immt. jidi4KB)y thereupon, drat their next meeting thereafter,^ > de^, bj bailor 7 ipr-th^ Tancie nuinoer as the elcii^ors are above 4ir^led to c\[\iS^ fepatqrs, anotnei;.perf9n.ln his plf^j£Df.thc^.r^|(Uuq^^of!^ j^jiertn.of; five years. './',(,'.. ; ..-.-.-'.fi "' \^. , ,;" ., c^3 JP^ iT^at not lefs thai^^ majority 4>f the fenate, with. their .pr^fit^niCto.be, chufen^by them by ))a^t). iHajl Cun0itute an houife for the tranfa^i^j Wy bufinel^, other tb^n. (that, ,of, ad- ! .:^t*.;Thf^t tlie fenat^:|hall judge.of th?.elef3ions and qualinca- tlons of fenators. . .. aa* tTb^t the renatefnay.originateaM Qth^jr, exc(;pt money bilh, to which their aflent or.difl'tnt only /ball be given, and. may re- - ceiye ; any, other biilf . fripm the houfe. of delegates, and afient, difleil^,, or propofe amendments. . ,,, . . 23. I'hat the generoft fen- |ib)e, rdjfcrcet, and experienced men; above twentynibly, and that thcrje be a rotation in fiich ina(ni>er that at lea(l two of the number be annually changed, and no perCon (hall be capable of being a delegate to congrefs for more than three in any term of fix years; and no gerfon who holds any office of profit in. the gift of congrefs (hail be eligible tofiti^ congrefs, but if appointed to any fucholHce his feat (h<4l] be thec«by vacated. That no perfon, unlefs above ^ twenty-one year,s ^f age, and a reddent i.athe (late more than five year$ next preceding the eledfon, and having real and perfonal eftate in this ilate above the value of one thojufand pounds cuFrent money, ihall ;be.eligiMe to (It in congrefs. 28.. That the fenators and delegates, immediately on their an- nual meeting, and before they proqecd to aqy bufiuefs, »n^ every petibn •I* CONsTlTtJTiON tt MAAttAKD. peHbn hereafter ele^ed i fcnator of <}ele|«t«, before he aifts a fach, (baU take an oath of Aipport and fidelity M this ftatle afs ' aforefaid t and before the election of a govtniori ot membifi of the council, (ball take lui oath, ** td elr£l Withoi/t favour, af4 fedtion, partiality, or prejudice, (iich perfbn as govtl-ndr, ot membtr of the council, is they in their judgMntInt and coAfdeHtiii belif *e beft qualified for the office." 29^ That the feiiaie and delesates mav tkljourn themfelvcfs re- Ijpeftively ; but if the'tviro houfes (hould not agree ort the (koie time, but adjourn to difflerent days, then fltall the govetn^i* ap- point kni ncflify one of thofe days or fome day between, hhd (hit . aflembly (hall then meet and be held accordingly ; and he ftall^ if neceflary, by advice of the council, call them before the tinM to which They (hall m ifty manner be adjourned, On giving iiot }e(^ thlan ten days notieetmreof, but the govertior (hall notidJiiUrli the afTcmbly otherwife than as aforefaid, nor prorogue or diflblvb it at any time. ja. That nb perfon, unlefs above t«retity-five years of 'ave^ 4 refidetit in this (late abdVe five years next (ireceding'the ele&din^ tnd hanring in the ftite'ieal and ftcrfonH prtipttiy above the value ^ five thoufand pounds current money, dne th6ufail4l poai^t whereof at leaft to be freehold efbne, Ikiall be eligible «^ governor. . 31: That the governor (hall not contHiue in thitt ofice Idnger than tht^^e years fueceffivdy, nor be eligible as governor until the ekpiration of four years after he (hall have beeki oVit of thtft 32. That upon the death, refignation, or removal out of thih fcte of the governor, the firft named of the council, for the time Ibetngi ftall a^ as governor, and qualify in the fame manner, lihd fliali Immediately call a meeting of the genei'at aflen/iblys giving not lefs than fourteen days notice of the meeting, at which meetitfg ft governor (hall be appointed^ in manner aforefaid, for the relidue ofthcyear. 33. That the governor, by and with the advice and confeitt of *lhe council, may embody the militia, and when embodib! iftall lioiic have the direction thereof, and (hall alfo have the dire£Hon cyf aH the regular land and fea forces under the laws of thfs (hte ; ^t he (hali not command in perfon, unlefs advifed theretbbythte council, and then only fo Idiig as they (hall approve thereof ( and may alone exercife all ether the executive powers of government, where the concurrence t>f the council is not required, according to the laws c* this ftate, and graht reprieves or pardomi for any '«nflie» inccept in* fuch tafes where the law (Halt otherwife diredl ; and may, during the recefs of the general afTemblv, lay tmbat- llAeltd prevent the departure <^ any (hipping, oir the exportation «( anjr Aooiteeditiei, f6t anytime not exceeding thirty days m • any CONSTITUTION OF MARYLAND.' stt ftttfe jis nhiti of oiir, tf4 . l-ndr, 6* e1v«!s Tc- the Atnt , khd (h« he flitU» the tiiM vine iiot »tiri}ttUryi )r diflblvt )f'a«e^ i aboTe th^ . } ice l6nger Tnor untfl >it tif t!h«t ut of this lir the vernment> accwding .rrt forany nfedireai lay fefrtbat- ixportation \tty days hi any pif brteyear, fummoning the general aiTeaibly to meet within the time of the contrnuance of fuch embargo ^ and may alfo otder and compel any velfel to ride quarantain, if fuch veflel, or the port from which (he may have come, (hall, on ftrong groundt, be fufpeded to be infected with the plague; but the governor (hall not, under any pretence, exercife any pQwer or preroga- tive by virtue of any law, ftatute, or cuftom, of England or Great-firitain. 34. That the members of the council, or any three or more of them, when convened, (ball conftitute a board for the tranfaaing pf bufinefs ; that the governor for the time being (hall prefide in the council, and be intitled to a vote on all queftions In which the council (hall be divided in opinion { and in the abfence of the Sovernor the firft named of the council (hall predde, and as fuch lall alfo vote in all cafes where the oAet members difagree in their opinion. ,# 35. That in cafe of refufal, death, refignation, dirquali(icatio(), or removal out of the ftate, of any perfon chofcn a member of the council, the niemben thereof, immediately thereupon, or at their next meeting thereafter^ (hall e\t^ by ballot, another perfon quali(ied as aforeiaid, in his place, for the refidue of the year. |6. That the council (hall have power to make the great (eal of this ftate, which (hall be kept by the chancellor for the time being, and affixed to all laws, commiifions, grants, and other pub- lic teftimonials, as has been heretofore jpraSi fed in this (Tate, 37. That no fenator, delegate of a(lembly, or member oj^ the council, if he (hall qualify as fuch, (hall hold or execute any of- (ice of profit, or receive tne profits of any office exercifed by any , other perfon, during the time for which he (hall beele^ed ; nor (hall any governor be capable of holding any other office of profit in this (tate, while he a&s as fuch; and no perfon holding a place of profit, or receiving any part of the profits thereof, or receiving the profits or any part of the profits arifing on any agency for the fupply of cloathing or provifions for the army or navy, or holding any office under the united dates, or any of them, oraminifteror preacher of the goipel of any denomination, or any perfon em- ployed in the regular land fcrvice, ormarine, of thisor ftie united ilates, (hall have a feat in the general afiemblyy or the council of this ftate. * ^ 38. That every governor, fenator, delegate to congrefs, or af^ fembly, and member of the council, before he a^s as fuch, (hall take an oath, ** That he will not receive, dire£k!y or indire(A(y at any time, any part of the profits of any office held by any other perfon during his ading in his office of governor, fenator^ delegate to congrefs, or afienibly, or member of the council, or the profits, or any part of the profits, arifing on ar^y agency, (or the fupply of cloathing or provifions for the army or navy." 39, That ns PQN8TITUTI0N OF MARYLAND. 39, Thfit »r any fenator, delegate to congrefs or afleinbly,or member of the council, (hall hold or execute any officeof profit; or. nceive, cltre«SlIy or indirefi;ed in the offices of the fald- regiflers in fuch' manner as (hall hereafter be provided by thii geii^rad aflembly.. ' 52. That every chancellor, judge, regifterof wills, commif- fioner of the loan office, attorney genera], (herifT, treafurer, naval officer, rcgrfter of the land office, regifter of^e chancery court, and every clerk of the common law courts, fur.veyor, and auditor of the public accounts, before he aSs as fuch, (hall take an oath *^ that he will not directly or ind'iredly receive any fee or reward for doing his office of " ' but what is or (hall be allowed by law, hor will direi^ly or in- ' directly receive the profits or any part of the profits of any o^ce held by an/ other perfon, and that he does not hold the fame of- fice in trutt or for the benefit of any other perfon." ,53. That if any governor, chancellor, judge, regifter of wills, attorney general, rtgiftcr of the land office, regifter of the chancery court, or any clerk of the common law courts, (reafurer, naval officer, (herifF, furveyor, or auditor of public accounts, (hall receive dire^ly or indireiSHy, at any time, the profits or any part of the profits of ,any office held by any other perfon during his ajfting in the office to which he is appointed, his ele^ion, ap- ppinunent, and commiffion, on convidion in ai court of law, by oath of two credible witnefTes, (hall be void, and he (hall fufFcr the puniftim^nt for wilful and corrupt perjury, or be baniOied this iatc ^''■:l'^r,'jK ^ tmoveany srnor may judgment i governor good be- if Novcm- ^ continue and every t until the fteadlhall , and every' [lively take FeAion, or 'ill vote for lieves moft : rtiade, nor e or intereft ne upon the tra£ts ofths iftern fhores xpence, and mer as (hall Is, commif- ifurcir, naval »cery couft, and auditor :ak6 an oath ee or reward :e<^ly or in-' >f any office the fame of- Icr of wilh, fter of the s, treafureir, :oUnts, (ball or any part during his e£tion, ^p- of law, by ; (hall fuffer )ani(hed this ftate CONSTITVTIOW ©1 MAltTiJi«». iif ^ate for ever, or difquali(i«d for ever from holding any offi e r place of truft or profit, as the court may adjudge. 54. That if any perfon (hall give any bribe, prefent, or reward, or any promife, or any fecurity for the payment or delivery of any jnoney, or any pther thing, to obtain or procure a vote to be governor, fenator, delegate to congreJs ot afllmbly, member of the council, or judge, or to be appointed to any of the faid offices, or to any office of profit or truft, now created or hereafter to be created in this ftate, the perfon giving, swid the perfon receiving the fame, on conviiftion in a court of law, (hall be forever di£ qualified to hold any office of truffc or profit in thisftate. ^ 55. That every perfon appointed to any office of profit or truft (hall, before he enters on the execution thereof, take the following oath, to wit, ** I, A. B. do fwear. That I do not hold myfelf bound in allegiance to the king of Great- Britain, and that I will be faithful, and bear true allegiance to the ftjte of Mal-yhnd/' and (hall alfo fubfcribe a declaration of his belief in the chrillian re- ligioi). 56. That there be a court of appeals, compofed of perfons of integrity and found judgment in the law, whofe judgment (hall be fuial and concludve in all cafes of appeal, from the general court, court of chancery, and court of admiralty : That one perfon of integrity and found judgment in the law, be appointed chancel, lor : That three perfons of integrity and found judgment in the law be appointed judges of the court now called the provincial court; and that the fame court be hereafter called and known by the name of The Gintral Court i which court (hall fit on the wefterii and eaftem (hores for tranfa«Sling and determining the bufinefs of the refpe£tive (hores, at fuch times and places as the tuture legiflature of this ftate (hall direA and appoint. 57. That the (lile of all laws run thus, Bt it enaSici^ hy tht ftneral ajfembly of Afaryland : That all public commiiiions and grants run thus. The jiate of Maryland^ iic and (hall be figned by the governor, and attefted by the chancellor with (he Teal of the ftate annexed, except military commiffions, which (hall not be attefted by the chancellor, or have the feal of the ftate annexed : That all writs (hall run in the fame ftile, and be tefteJ, fe.ileJ and figned as ufual : That all indidments (hall conclude, Agninjltht feaety government y and dignity eftbe/iat , 58* That all penalties and forfeitures, heretofore going to the king or proprietary, (hall go to the ftate, fave only fuch as the general aflembly may abolim or otherwife provide for. 59. That this form of government, and the declaration of rights, and no part thereof, (hall be altered, changed, or aboli(hcd, uiilefs a bill fo to alter, change, or abolifli the fame, ihall pafs the general alTembly, and be ptiblKhed at leaft three months bcr< n ^ mw eledlion, and (halt be confirmed by the gencr.il alTemi 1/ Q Z afer !« kil CONSTITUTION OP MARTI^AMD. after a new election of delegates, in the firft feflton after Aichliew de^lion ; provided that no^ins in this form of government %hicll nlates to the eaftern ihore particularly, fliall attmy time hereafter Be altered unlef". for the alteration and confirmation thereof at leail two thirds of all the members of each branch of the general aJC iembly (hall concur. 60. That every bill pafTed by the general aflembly, when en- grofled, (hall be prefented by the fpealcrr of the houfe of delegates, in the fenate, to the governor for the time being, who (hall figu the fame, and thereto affix the great Teal, in the prefence of the members of both houfes: every law (hall be recorded in the ge- neral court office of the weflern ftiore, and in due time printed, publi(hed, and certified under the great feal, to the feveral county courts, in the fame manner as hath been heretofore ufed in this ftate. This form of government was aflented to, and pafled in con. yention of the delegates of the freemen of Maryland, begun and held at the city of Annapolis, the 14th of Auguft, A* Z>, Bywdtr of tbt CotmentiMf M< T I L G H M A N, Fr«fidm% .,:. . i.. 1 VIK- Aichhew hereafter of at leaft eneral if- when en- delegates, (hall fizii nee of the in the ge- ne printed, the feveral tofore ufed fed in con- nd, begun ?*T* yjR- ( "7 ) VIRGINIA. Jhi CONSTITUTION, or Form •/ Government, agrttd to and ufolvid upon by tht Delegates and Reprefentatives of tbg ftvtrai CoUHtiis and Corporations of Virginia, in a General Convention held at Williamfburgh, «n tht 6fb of May, and (ontintud by Adjiutnmtnts to tht ^th of July, 1776* WE, the delegates and reprefentstives of the good p«op1eof Virginia, do dec' are the future form of government of Virginia to be as foUoweth : ■ The legiflative, executive, and judiciary departments (hall be feparate and diftin£V, fo .that neither exerclfe the powers properl]r belonging to the othtrr ; nor (hall any perfon exercife the powers of more than one of them at the fame time, except that the jof- tices of the county courts (hall be eligible to either houfe of aflfembly. T4ie legiflative (hall be formed of two di(lin£l branches, who, together, (hall be a complete leglflaturc. They (hall meet once, or oftencr, every year, and (hall be called. The General Affembly of Virginia, One of thefe (haH be called, Tht Hmft of Dulegattt, and confift of two reprefentatives to be chofen for each county, ^nd for the diftri£l of Weft-Augufta, annually, of fuch men at a£);ually refide in and are freeholders of the fame, or duly qualified according to law, and alfo of one delegate or rtprefcntative to be chofen annually for the city of Williamlburgh, and one for the borough of NorfoPc» and a reprefentative for each of fuch otheir cities and boroughs as may hf^reafter be allowed particular repre- fentation by the l^giflature ; but when any city or borough (hall fo decreafe, as that the number of perfons having right of fufFrage therein (hall have been for the fpace of feven years fucceffively |efs than half the number of voters in fomeone county in Virginia, fuch city or borough thenceforward (hall ceafe to fend a delegate or reprefentative to the aifemblw, .., The other (hall be called Tthe Sinatt, and confift of twenty- four members^ of whoin thirteen (hall conftitute a houfeto prottecd 9n biifinefs, for whofe election the different counties (hall be ^vided iQto twenty-four diflrids, aui4 esch county pf therefp^ive diftri£t, Ml CONSTITUTION OF VIRGINIA. difiriA, at the time of the ele£t?on of its delegatei, fhall vote for one fenator, who is actually a reiident and freeholder within the diilrid, or duly qualified according to law, and ii upwards of twenty-five years of age ) and the (heriiFa of each e<>unty, within five days at farchell afier the laft county election in the diftrid, fiiall meetat fome convenient place, and from the poll fo taken in their refpedive counties, return as a fenator the man who Ihall have the greatefi number of votes in the whole diftrict. To keep up this aHembly by rotation, the diftridls fliall be equally divided intp four clafies, arid numbered by lot. At the end of one year afttr the general eledtiony the fix members cle&ed by the fir(t divifion (hall be difplaced, and the vacancies thereby occaftoned fupplied from fucn clafs or divifion, by new election in the manner aforefaid. This rotation (hall be applied toeachdivifiua according to its number, and continued in due order annually^ The right of fuffrage in the ele^ion of members for both houfes ihall remain as cxercifed at prefent, and each houfe fhall choofe its own fpeaker, appoint its own officers, fettle its own rules Of proceeding, and dire^ writs of eledion for the fupplying inter- mediate vacancies. All laws ihall originate in th^ houfe of deleeates, to be ap^ provedof or rejected by the fenate, or tobeamendtd with confent of the houfe of delegates; except money-bills, which in no ioftance ihall be altered by the fenate, but wholly approved or rejefled. A governor, or chief magiftrate ihall be chofen annually, by joint ballot of both houfes, to be taken in each houfe refpe^ively, depofued in the conference room, the boxes examined jointly by 9 committee of each houfe, and the numbers feveraliy reported to them, that the appointments may be entered (which ihall be the inode of taking the joint ballot of both houfes in all cafes) who ihall not continue in that office longer than three years fucceffively, nor be eligible until the expiration of four years after he ihall have been out of that office. An adequate, but moderate falary ihall be fettled on him during his continuance in office } and he jQ^all, with the advice of a council of ftate, exercife the executive powers of government, according to the laws of this common- wealth i and fhall not, under any pretence, exercife any power or pre|rogi|tiye by virtue of any law, flatute, or cuflom of England : ^ut he ihall, with the advice of the council of ftate, have the power of granting reprieves or pardons, except where the prole- cution ihaji have been carried on by the houfe of delegates, or the iaw ihall otherwife particiflarly dircdl { in which cafes no reprieve or pardon ihall be granted, butbyrefolve of the houfe of delegates. Either houfe of |he general aiTembly may adjourn themfelves l«fpe^ively. The governor ihall not prorogue or adjourn the aiTembly diiring theif fittipg, nor diffolve them at any time ; but ^ ■ ■■'■•■■ h? . CONSTlTDTtON OP VtROINlX. 11^ 11 vote for vithin the pwardi of (y, withia le diftrtdt, taken in who thall To keep lly divided f'one year >y the fitti oecafioned ion in the chfdivifiun nnunlly^ •oth huufes lall choofe rn rules Of jTing inter- , to be ap- ith confent lich in no tpproved or nually, by fpe^ively, jointly by reported to hall be the cafes) who icceffively, ter he fliall rate falar^ e } and he executive common'' y povl^er or England : have the the profe- tes, or the no reprieve delegates. theml'elves djourn the t^mc i but he ihall, If neceiTary, either by advice of the council of Rate, ot on application of a majority of the houfe of delegates, call them before the ' '••-••-• A privj bcr?, fliall cither from their own members or the people at large* to aflfift m the adminiftration of government. Thcv (hall annually choofe, out of (heir own members, a prcfidcnt, who, in cafe of death, in- ability, or abfence of the governor from the government, (hall tOt it lieutenant-governor. Four members (haH be futficient to a£lt,< and their advice and proceedings (hall he entered on record, ana figned by the members prefent, (to any part whereof any member may enter his dilTent) to be laid before the general aU^moly, when called f6r by them. This council may appoint their own cleric, who (hall have a fatary fettled by law, and take an oath of fecrec/ in fuch matters as he (halt be diredled by the bnar>.i to conceal. A^ fum of money appropriated to that purpofe, (hall bedividedan* nually among the members, in proportion to their attendance j, and they (hall be incapable, during their continuance in office, of lilting in either houfe of svfllmbly. Two members (hall be re- moved by joint ballot of both houies of afTembly, at the end o^ every three years, and be ineligible for the three liext years^, Thefe vacancies, as well as thofe occafioned by death or in^. <:apacity, (hall be fupplicd by new ele^ions in the fame manner^ ' The delegates for Virginia to the continental congrefs (hall b^ Chofen annually, or fuperfeded iu the mean time by jointballo^ of both hpufes of afTembly. ^ The prefent militia officers (hall be continued, and vacancies fupplied by appointment of the governor, with the advice o^th^ jprivy council, on rcpomrnendations from the refpedive cbqhty courts; but the governor ind council (hall have a power ot fufpending any officer, and ordering a court martial on coniolainl: of mifbehaviour or inability, or to fupply vacancies of officer^ happening when in adual (ervice. The governor may embody the militia, with the advice of the privy council i and, when embodied, (hall' alone h^ve the direilion of the militia under the laws of the country, ^ 1'h« two houfes of alTembly (hall, by Joint ballot, appoiiit judges of the fupreme court of appeals, and'^general court^ jjure^(i}g the :h-Caroltna, arc CQNSTITUTIOll QF VIRGINIA. ui are hereby ceded, releafed, and for ever confirmed to the people of thefe colonies refpe^ivcly, with all the rights of property, jurif- di^ion and governn\ent, %nd all oth(r rights whatfoev^r, which might at any time heretofore have been daimed by Virginia, ex- cept the free navigation and ufe of the rivers Potomaque and Pokomokc, with the property of the Virginia (bores and flrands bordering on either of the faia rivers, and all improvements which have been or (hall be made thereon. The weftern and northern eytent of ¥irguna ihall in all other relpe&ftaada«fi](e4 by tht charter of \^\t^% Jamms |, ^ ^he yeaf on^ t;hpi(fiM*^ ^ ^^^^^i ^d nine, and by th^ ||>^hlic treaty of peace befwe^p th^ court^ ^f Britain an^r ranee, in the year oiie thoufand Jeven hundred and iixty-three ; unle^, Vy aft of this legiflature, one oV more govern* ments be e(Ubli(hed weftward of the Allegheny mountains. And no purchffes pf is^ds (H9II (le n^^fle qf (he X^n^ian p^jtiYCS ^ut on behalf of the public, by authority of the general aflfembly. NQfi,r^- • «f (122 ) NORrn-CARO L I N A. i: '\ <*"'';^-;.> .'■•' tt Ki.'^.. Tb* CONSTITUTION, *rFoRM '•/" Govbunmbnt, agreed to and fijhhed upon by the Reprefcntarif es of the Freemen •ftbe 5/<}f/^N»! of the fad cofnmitted, or to fciaje. any p^rfon or perfoiis not named whofe offences. are not . particularly defcribed and fup> ported by evidence, are dangerous to liberty, and ought not to be glinted. 1 2. That no freeman ought to be taken, imprifoned, or difl*eize4 of his freehold, liberties or privile^, or outlawed or exiled^ or in any manner,deftroycd or' deprived of hit life, liberty, or property, but by the law of the land. 13. That every freeman rcftrained of his liberty, isintitled to a remedy, to enquire into the lawfulnefs thereof, and to remove the fame if unlawful, and that fuch remedy ought not to be denied or delayed. 14. That'inall controverftesat law refpedrne property, the ancient mode of trial by jury is one of the befl fecurities of the rights of the people, .and ought to remain facred and inviolable. 15. That the freedom of tlie prefs is one of the great bulwarks of liberty^ and thei-iefore ought never to be reflrained^ 1 6. 'i hat the people of this ftate ought not to be taxed, or made fubje£t to the payment of any impoft' or duty, without the confent of themfelves, or their reprefentatiyes in genera] aflfembly freely given. rs.. 17. That the people have a right to bear arms for the defence of the itate } and -as ftanding armies in timeofpeaceare dangerous to liberty, 'they ought not to be kept up ; and that the military (hoald be kept under ftri£t fubordination to, and governed by the , civil power. ig. That the people have a right toalTemble together, tocon- fult for their common good, to inftrudt their reprefentatives, and to apply to the legiflature for redrefs of grievances. 19. That all nuen have a natural and unalienable right to worJhip Almighty God according to the dilates of their own Confcience; . 20. That for redrefs of grievances, and for amending and ftrengthening the laws, elections ought to be often held; 21. That a frequent recurrence to fundamental principles it abfolutely neceflary to preferve the bleffings of liberty. 22* That no hereditary emoluments, privileges,' or honours, ought to be granted or conferred in this ftate. 23. That perpetuities and monopolies are contrary to the genius of a free ftate, and ou^ht not to be allowfd. ,> ; v i o 24. That retrofpedive laws, puoiihing fa^s committed before ihe exiftcnce of fuch laws, and by them only declared criminal, 9ft oppreffive, unjuft, and incompatible with liberty, wherefore no tx pofi faffo law ought to ht rmde, 25. The property of the foil in a free gdvernrqent being one of the efiential rights of the colledlive body of ihe;peopIe, itis. neceflfAt-y, in order to avoid future difputes, that the limits o^ R « the tkft date ffidUld t* jifbertkind with [Mcifion s kn6 at thefohnet* tmpolnry lihe between North and Soutl Caroliha was iionfirmed tjid ieitrMuled hy cdminilRoners, appoiMted by the kgihaturet df Che two ftates, agreeable to the order of th« ]ate king George II. In council, that Tifltt, and that only, r the late lords proprietors, or any of them. thiCONsrirurioify trPokMtfGovEkN- MENTy &c. WHEREAS allegiance and j>fofedidn are in their nature ^iretiprbcal, knd the one Knbuld of right be refufed when the other is withdrawn) and Whereas George the Third, king of Grtllt-6rihiih,artd latefOVeyeign df the Britifli American colonies, hitrh not dnlV Withdrawn fromihem bis prote^ibn, but by an act «rthe ^itifliiegifivttttedechife'd the inhabitahts of thefe ftates out of the protection of the British crOwi., and all their property IbUhd upon .the high feas liable tb be feized and confifcated to the ttfes mentioned in the faid a£t } and the /aid George the Tbli^J htts alfo fent fleets and armies tb profecute a cruel M'ar againft ■ ' them. w tliettv, (qr ih« ptfrpofe of reducing the ittha^)ltant8 of the fatd coldrtlei'id i ftatt of abjeA flavery ; in confequenbe whereof, all gdverniti'ehfc uhder the faid ting within the faid colonies hadi ceafed, and a tptal diflbkHbn of government In many of them hath talten t>liice : And whetea^ ilhe contincrttal congrefs, having confidered the premifcs, atid oilier previous Vimlations of tlicrights of the good pfeople of. Aincrica^ have thc^cTore declared, that the thirteen united colonietartidf right whblty abfoWed from ^n al- legiance ki> the Britlih crown, or any bth^r foreigiijariftiiai^n vrhatfotver } llhd that ch6 fiid colonies now are, and forever (hi^l be, free and independent ftates : Wherefore, in our prefent'ftate, in order to prevent anarchy and confufion, it becomes nectlTaiy that government Ihould be edablifhedin this ftsite : Therefore w/, thcrfepirefei$iali««iof theiVecitten of Nbfth-Carolina, chofen *iAl aiTemble^, in congrefs, for the exprefs purpofe of fVaming a con- jftitutioh, iifl'd^r the authdrlty of the people, mc^ conducive ^o their happiil^rs ahd pro^rity, do declare that a govcrnmetitTdr this ftat6 wall beeftabliftiftd in manner and form folbwing, t»wtt: t. That the legiflative authority fliall be vefted in two diftinft branth'if,, both dtpendent on the people, b wit , z Sena: e^ antt Hsuftif'idimMojts. 1, That the feiiate jfeaU hfe Cdmpofed of reprefentativesaij- hually (ihbieh by ba'ITot, one. for each county in the ftate. "* 3, That the hou fe of com mons fhall be c'ompofcd of reprp*^^ •?- tives afinually chofen by 'baillot, tMro for ei^ch county, a..j-Ortt for each of the toyvns of Edeutoiirn, Ne^bcrn, Wilmington* SaliKbuVy, linilfborough, and Hallifax. 4,. That the fenate and houfe of commons, afibmbled for th(e purpofe of legiflation, (hill bedenomittatcd, theGentralAJpMlji^^ 5. That each member of the fenate fhaU have ufually reiidetf in thel!ounty in which he is choren, fot^ one year imhiediateiy preceding 1iise1e£lion, aitdfor the JTilm^ time niall ha^e pblFefledL and continue to poflefs, in the county which he reprefent^^nOt'kn than three hundred acres of land in fee. '6. That each member of the houfe of Commons fhall have ufually reiided in the county \t\ which he is chofen, for one yeair immediately preceding his election, and for fix months fhairhave j^lleired, and continue tb.poflTers, in the county which hb reprefents, not lefs than bne hundred atres of land in fer, tn'fok Ihe term of his own life. 7. That all freemen of the age of twenty-one yeirs, who hav* been inhabitants of any one county within the (late twelve months immediately preceding the day of Any eU^ibb^ and pofTeffed of A freehold within the fam? county of fifty acres of land for fix months next before, and at the day of eledion, Ihali be entitled to vote for ^ 1 member of the fenate. . %, That all freemen of the age of twenty-one years, whohavfe 2 been »»« CONSTITtTTION OF NORTH-CAROLINA. ;been inhabitants of any county within the /late twelve months 'immediately preceding the day of any eledlion, ah^^arthave ;paid public taxes, (hall be entitled to vote for members of the .boufe of commons, for the county in Which herefides. 9. That all perfons poflefled of a freehold in any town in this ftate, having a right of reprefentatiori, and alfo all governor rNA. yt months fhafl have >ers of the wn in this Tmen who IS next be- iblic taxes, :)\ town in ;£lion (hall [leiinbers of ffiay refide, t or beyond town. * Set, ihall cers; be tnriljers i fit repare bills Gt writs of Ihall alfo ^and place, ipufe before oth houfes. kber, of the or |j)Iace of ution of his s (hall alfo lot of both ind equity, ill be com- iring good ^e power to ind all of- r, at their |!ot ele^ a ice longer rfon under this ftate , lands and [be eligible I, at their )le£t feven ladvife the governor CbSsriT UTION or NOltTltTc^AROLINA. tij t t governor in thie execution of his office, and that four membbrg- / latl be a^uoruM \ their advice and proceedings. flial I be enter^ in a journal to be kept for that purpofe only, and figned by the members pcefent, to anv part of which any member prefent may enter his difTent. And fuch journal (hall be laid before the general aiTembly, when calM for by them. 17. That there (hall be a f^al of this ftate, which (hall be kept by the governor, and ufed by him as OCcafton n^ay require ; and (hall be called, Thi Grtat'SialofihtJiitiofNartb'Caroiina, an4 be affixed to a|l grants ind cpmmiffions. 18. Thb governor f6r thktime being (Kail be captainogeneraf and comrhander in chief of 'tl|e militia ; and in the recefs of the general ztttmbly (hall have power^ by and with the advice of the' courted of ((ate, to embody, the militia for the publit* fafety. 19. That the governor for the time beirig ftiall aave power to draw for, and apply fuch (umsof' money akfliall be voted by thiet general «fl!cmbly for the contingencies of government, and be ac- countfl^fflrtb them for the f^me. He alfo may,, by an^ with th^ advice ^the council of ftate, lay embargoes, or prohibit the exif portatioh of any commodity, for any terni nor exceeding thirty days at afiy one lime, in thp recefs of the general aiTembly ; and ihall have Che powrer of granting pardons and reprieves, except where the profeaution (hall be carried on by the general a(rembly, ofthe law (hall otherwife dtre£l} in which cafe Vc may, in thp recefs, grant a reprieve until the next fitting.of .e general a(rem« bly i and may exercife all the; other executive powers of govern* ment, limited and reftrained as by this conftitation ismentioned» and according to the laws of the ftikte. And on his death, ina- bility, or abknce from the ftate, the fpeakerof the fenate for the time being } and in cafe of his death, inability, or abfence from the ftate, the fpeaker of thehoufe of commons (hall exercife the powers of government, after fuch death, or during fuchabfence or inability, of the governor, or.fpeaker of the fenate, or until a new nomination is made by the general aflembly, 20. That in every cafe where any officer, the right of who(e appointment is by this conltitution vefted in the general aiTembly, (ball during their recefs die, or his office by other means become vacant, the governor (hall have power, with the advice of the council of ftate, to fill up fuch vacancy by grantmg a temporary commiifion, which (hall ei^pire at u\t end of th? next feffion of the general afliembly. 21. That the governor, judges.of the fupreme court of law and equity,|ud^es of admiralty, and attorne^r-genei-al, (hall have ade- quate falariet, during their continuance in office. 22. That the general afleipbly fliall, by joint ballot of both houfes, annually appoint a treafurer or treafureriforthis ftate. ' 23. Thiic the governor, and other officers offending againft tHe ftate. iiS CONSTITUTION OF NORTH •CA^RfXl.iy^. ' ft^te, by violating any part of this cpnftitMtipn, mal-sdmlaiftratipn. or corruption, may be profecuted on the i peaphn).9ntqfthegcnfral aflembly, or prafentmeiit of the grand jury of any court of fupr^me jurifdiaion in this ftate. ax. That the general aflcmbly QiaU, bv joint ballot of both boijiev triennially appoint a fecretary for tnis ftate. 25. That no perfons, who heretofore h4ve be^n* or hcl'eafter may be receivers x>f public monies, (haU have a feat in either houf^ qf general aflfembly, or be eligible to any pffi^Q in this ftatt;. unti( fucb perfon (hall have fully accounted fur, aq<) paid into thq treafury, all fun^s for which they may $e accountable and liable, ^6. That no treafur^r (hall hav9 a feat cither in fenatj;, houf« of commons, or council of ftate, during his continuancf in tha( office, or before he (hall have finally fettled his accQuott with thci public, for all the monies which may be in his hands, at thp ex- piration of his office, belonging to the ftate, and hath paid (he fam« into the hands of the fucceeding treafurer. 27. That no officer in the regular army or navy, in fft^ fcrvic« and pay of the united ftatet, of tbi« or any other ftatf, W any contra^or or agent forfupplying fuch arnijr or navy with cjoath* ing or provifions, (haU have a Teat either in the fenate, houfe of commons, or council of ftate, or be eligible thereto i and any member of the fenate, houfe of commons, or council of ftate, be* Ing appointed to", and accepting of fuch office, ihaU th^by vacate his feat. 28. That no member of the council of ftate (haU have a fear either in the fenate or houfe of commons* 29. That no judge of the fupreme court of law or equity, or judge of admiralty, (hall have » feat iit the fenate, houfe of com** mons, or council of ftate. 30. That no fecretary of this ((ate, attorneyrgenerali or cleric of any court of record, ftiall have a feat in the fenate, hoafe of commons, or council of ftate. 31. That no clergyman or preacher of the gofpel, ofanyde* nomination, (hall be capable of being a member of either ths fenate, houl'e of comnions, or council of ftate, while he conMnuey jn the exercife of the paftoral funAion> 32. That no perfon who (ball deny the being of God, or thr truth of the Proteftant religion, or the divine authority either of iihe Old or New Teftament, or who (hall hold religioua principles incompatible with the freedom and fafety of the ftate, (half be capable of holding any office, or place of truft or pro(}t in the civil department within this ftate. 3^. That the juftices of the peace within their relpedive coun* ties in this ftate, (hall in future be recommended to the £ overnor for the time being, by the reprefentatives in genera) a0embly, and Jbe governor (hall conpniiffiontbcm accordingly 9 and the juAlces, when niniftratipn, fthegcntral t of fuprcme Hot of both or hereafter either houfi^ ft«te, untij Ud iniQthq an hoafe of ofany de* cither the confinuei 3d, orth^ f either of principles » ihalibe ol}t in the live cQun* i governor inbly, and lejujftices, wheQ tjo CONSTITUTION OF N01TK«CAR0L11fAi 4a. That no pwekafis of landt ftill \ii$maiaci the luikm iiMiv^ but on beiialf.of the public, hfwaAoiltf of the fgmmX aflembly* * i. ,, ,, 43. That tbe future legiiatuce of this flkufligU if gidaleialiUt in Aicb t manner aat» fravent perpetukl 46. Thatheithef hottlh of the ywnJ Mfeewy JMJl pieHid iippn public bufiotft, afdeft >a nirioiity ■oTaU' m^mmmm^ luch boufe are aaually ptefimt ; and that uoon mvmieii iMi^Ini liKonded, the yeas and M)rt upon any qaelKbn Unit he^lakeiltod «nteiedon the joumalf } And that thejiiuraMi af. thepf eeel dlM i n of both hoi^ of tbopneial aflepbiy iM^ be ptiniad^ and tiale public, immediately mer their adjourmnilsl. ^ Thia cenftitttlUm ie hit tntenaed m pieel pieeMedM ppeftni lorderii IHMI* l^ft from making a tiMHporery MoHiioiiIbi^ tio well ordering ttf' this fleie, until ttie cenerd iailcaibly ffliatt eftablifli gofeniMtt i^reeable to the mode herein befbte dcMbed. «v.,' I / •iJv RICHARD CASWBLL; Pi^iiiii^. Hi.U'-n Qber ^ efghliB^th, one ^dhAM^Mn liteiidied«iditei^ iGji^ fibd the mtitim^pkiitim^m t^ l.& i.>''V*ii* '»*>,;.■■■> ^J,' »,« ,-' *^ I ^ ^ ^■^■■ • ^ / IM Ill4iM kteiaHUt lifted lft'b§ hmblvAill MllpiMM ommmhi^ n^ ■HMWMW prMHitaM t| aMiMadt BPtftol'^on- rOTdttiBgdf' gOVtniMMIMt indinSfltti^- •'■Y i>. I '( <3i ) sovrti.cuikoiiHji. Ik^fftfSpitak^mi'tMiP^iih ii^ktbjftfMMftb, 1778. VEKEAS the eoMfttliitron or fdhM of js^vcrnment agreed to and i«roIved njlto by the ficeemeii bfthU cbiindry, intft ltft0|i|rdiltMi6tlldiiy of Marlh, t{ip, ^ Mhporary onl^, ««d WIed itbr tfie fituatiop of their {hibfite imiHv at tfa«t period, M^irtrforfMirdtoah accomamdation''WHh Oreat-Britain^ an «V«|H thettddbM : Anrf wbertar tUe li Ad toloniet of Amerlea liivd hecH fidce coitftHotM indmndiBilkt'ftatet^ aAd the political coniMthm Meretofor^ fUhfiffing betwt|it theni Aid Qreat^firi^ia . l^ legiiii^dre oP^-VINfc^ ai'efhibUaJ^ bV tli^ ^MmtJtlto'ol:' fdrni of gd^^rnmtiti^, paffed the a6th; of mtd^ t^74, ffitfl coiiN!ifiiirai«fi»^^#^ii ;«s^^^ November next enfuing^. . ' ' ' „' >'3. Thatjrifoon%%iy W*ft«!r'th«jflrttmtfi«n^ mmuf^ d(ttprtfmmi^,mw^f^^rti me^titrK of the rt«m Mh^tt^ mtmOiHtM fNehs^f^?,^^ te elia^br viitmibf fmJcj <;;.ni«.i- .•■^■j-i} Hi. hilt ■, ';gp|rt:-ris: in^*ii'ii^-T,'^- i. .r-thli / IS* CONSTITUTION OF SOUTH-C AROLIKA. this conftitution, they ihl]], jointly, in the boufe of reprefeifta- tives, choofe by ballot, from among thenfifelvet or from the people at htUt * gpvernor and comqnandcr in chief, a lieutenaot-gover* nor. Both to continue for two year*, and a priVy>emin(iiI, all of the Proteftant religion } and till fuch choice (hall be made, the former prefident, or governor aiid commander in chief, and vice- prefident, or lieutenant- governor, as the cafe may be, and privy* council, ihall continue to a£l as fuch. 4. That a member of the fenate or. houft of reprdeatativei, 'being cKofen and a£ting as governor and cominander in chief, or licutenant-govemor» (hall vacate his feat, and another perfon fliali be eleded in his room. 5. That every perfoin who fbali be eleSled gpvftmor and com- mander in chief of the ftate, or liei^tenant-KOvernor, or a member of the prlvy>council, fliall be qualified as foJloweth, that is.to fty^ The governor and lieutenant-governor (hall have been rffidcnu in thtS ftat« for ten years, and the members of the privy>council ^ve yjBars, preceding their faid eiciAion, and fliall have in this ftate a fettled plantati9n or freehold, in their and each of th^jr own right, of the valueof at.leaft ten thoiifand pounds currency, .dear of debt} and on being elected, they ihall refpcdively lake ^oath of qualification in. the hoiife o( reprerentatives. 6.\ That no future governor^ and commai\der in chief who iAiaU 4erve, for |two. years, iba() be eligible to ferve in the faid o^ci^ afjier .'the expiration oflhqfaid term, until the full^nd and term Qffoftt , ^7. That no perfon in this (late (ball hold the office of governor 4^i^f,pr'lietttenant-governor, anfl any Qther office or comini^ioni '/uyil or military,, (except in the militiaXeither Mtthisor any pther ikte } pr under. the a^thorlty'of the continental coi^gcdllt at pfif and i)h« fame time. ,. , , ^ 8* That in cafe of the impeachment of, the governor and cpfnr iiijiandei; in chief, or his retnovaj i\om office, death, reAgnation, qc a^fence ffom the,0aW, the lieutenant-governor Ihall fuccecd to nis office, and the privyr council thall choofe, out of their owqi |>ody« a lieutenant-noyernor of thf: Aate, And in cafeof the im- peachment of the lieutisnant-governor, or his removal from oificci death,^ refignati0n» Ofabfencefron^theihte, one of the privy- icounci), to be tl^o(efi by thcmfelyes, fliall lucceed ta his officf , until a noniination to t^p/^q^ces refpe^ivelv, by t^e fenate an4 houfe of reprefentacives, for the refaiainder of the tiifie fojr whicfai the p§icer Co impeacjied, removiui froflfi office, dying, refigning, ojr being abfcnt, was appointed.' 9. That<(heprivyrcouncil (jiailo^nfift.^ilie lieutenant gover- |)or for the time being, an^ eiffhtjoitKer members, five of whptn ffiall be a quorum, to be 'f;lio^4 •*.l»eFore dire^d, four to fcrv| fpf tvp years, and four for one year j aiid at the 6cpiratipn of one fciltt- people cover- » all of le, the 1^ vice* i privy* Utivct, kief, or )n (hall vho.QifU I Hci^afiter nof fodiir > • •" " . goveriior nini^Qiii my pther ^> at Pfif ind-cpfnv atiQiifOr icceed to heir owi^ >ftheim- Djin omcei he privy- US officfu enate aD4 fbjr ythisk gning,oir nt goycr- 6? whcwA ir to ferv^ ion of one COHSVITtJTIOW 'OV JOUTR'CAROLIKA. ut yeaf, fourdthcii-fliall be chofen in the room of the laft four t^ fervto for tw6 yekra, • and all' figure mtmbcra of the privy«'council (halt th«ncc^for«rard be elcAed to (erve for two yearly Whereby there will be a new eledion everjr'ycar for half of the privy council, and a conftant rotation eKabliflied ^ but no memlier of the privy council, who fliall ferve for two years, (hall be eligiblt to fervis therein after the expiration ofthe (aid term, until the fiill end and term of four years : Provided tlwayt, that no officer of the army or navy, in the fervic^'of the continent or this ftate, nor judge of any of the courts of law (liall be eligible-) nor (hall the fatMr^ fonor brother of the eovcrnbr-for tKe time being, beeledcd in the pri vy'-council during nis idminiftracioo. A number ef the fenateor houfe of reprefencatives, being chofen of the privy-couh* cil, (hall not thereby lofe hit feat in the fenatc or^hnufe oC rcptefentativet, uktefi he be ele£ied lieutenant governor, in whicii caOe he (hall, and another perfon (hall be chofen in his (lead. The priV]^ council is4o advife the governor and commander in cbief» wheiv required, but he (hail not be bound to confult them unleftt diredod by law. If a member of the privy-^councii (haU dte or; depart the (late, during the rccefs of the general a(rembly,.ih«< privypcouncti (hall choofe another to »€t in his room|^ until «> nomination by the fenate and hou(e of reprefentativis (ha^ hdce place. 'I'lie clerk of.the privy-council (hal i keep a regular journal* of all their proceedings, in which (hall be entered the yen and nayyoii every queft'ion,'and the opinion, wit^ the reafoni it l?rge, of-any member who defires it } which journal (hall be Liid before the Icgiflature, when required by either houfe. > j 10* That in cafe, of the abfence from the fe^t of govtrnment^ or ftcknefsof the governor and the lieutenant-governor, anyone of the privy*council may be empowered by the goverirar, under his hand and feal, to zA in his room^ but fuch appointment fliall ndc vacate his feat inthefenatr, houfe of reprefentativei, or privy- countil* • iu That the executive authority be vefted in the governor anc^ commander in chief, in mijiner herein m^*ntioned. '*' 12. That each parifii and diftriA. throughout this (late, (halK on the b(V.Monday inN6vembu' next, and the day following, and on the fame days of every fecond year thereafter, eleift, hf ballot, one member of thcrienate } except the dilhrid of St/Philip and SU Michoel'-a pari(hes, Charleis-ftown, which (halleled tvvo membO's,, and except alfo the diftri^ between Broad and Saludy, rivers, in three diviftons, viz. the lower di(lricl, httle river diAriA,* and Upper or Spartan diftridv each of whiqh faid divifions, di^l eie& one member; and excq>ttheipartihes 6f >St. Matthew in^i(hes ieTpff^Myahr, ,ii , ftiJMl, \ y ^ 914 COtlSTif tJTIOH OF «otit^H^A«oa«r^)^ Alalia utitU odte^wife «lt«rtd by Abt leg iikture^Vbeiititbe Atriib of Pihifie George, for the iftkl pwifr aii4 the pariib of All S*itttt, \«il(>.aB the^purilh of 5c. Mattkew fof^th:|t bwilh and iheptrilh 9f Orange i tomiet on the.firft Mandaiy in jMutry theo next, at Ihe fieat of government, .unleCi the cafwMities of war or contagious fli£>c chief for the time beingk miqr* hy pmolanucion, with the advice- and confent of the privy«councily •ppoialLaLiiKnefcQiirefittd convenient place oJF meeting} aiidto eoatinue foe two years from the faid left Monday iiiKoVemMri alnd that no perfon (haU) he eliffibic to a feat in the^(aid fisii«it, vnkfa h^ be of the Pceitefttuit relgion, and hkth attained th«age ' of iihiFty yeart* and hacb bean a refident in this Ikup at leaft five ireeti^' Not lefs than thirteen members (k %11 he n <|uoriim to do Mm&bi but. the pcefidcdft or any three memberam«y adiourn fir^m day to day. No pcribn who/efides in the parish or diftriA ^f whidi he is ele£bd, fhall take his feat in theieaate* ualei«.h« poflcfieaa fettled eftate and freehold* t» hisf own right, in thefejd pariflior diftri^of the value Of two tHonTand pounds ciurrenQjr at leaft,. clear of debt i and no non^refideofcihallvbe eligible to a feat in the feid fenate, unlefs he is owner of a feltlid ettafie and free- hold, in bis'own right, in the p«trifli or diftri£): where he is el^d, cif fihjB value of fevea thoufend poundacurmncyat le^(^ alfo dear ol-debt* ■ ,. i§J 1^h«^ oathe laft. Monday in NaveniW neat, and the day UA^ikgr *op«ti{hi«nd diftria within this ftatr , fliAlI fend mBaiber|^to the giencrjilaifeaiblf in «6e feiiowing proportions, that ia to fey, , .The pacifli of St. Philip and S(. Michael, Charkftown* Chirtf l^smibaia^ *' •'■•' ..*'■.. i, Thi parlOiof Chtid^Chuich,. fixmcmhert^ , ? If be |iaiMi of St. John^ in Berkley jaunty, fix nimben» X^^Fha^l^lh'ofSt.Andreir^'iix members. * .'^T'he'pariih of St. George, J[>ioroheftiBr,,^aiemhees. w H^he>pari^ of Si..|amesy Goofe-citek,, fix memhteKSk b>^hc pariii'of St. 1 hontaa^^iSs^ Dennis^ fin membersti. . •! i .^^heparrfltdf StiPaulvfiacmemibers. , ; ; ) <'<^lie ^lifii ot^StvBairtholomeWf fix man^cis*. .. t1|^M^^ai^«(^St*ifidena>.rm:nKmUn*w:i4/.i^%.; ., ., .-!')u.Thej»arf(hof lift It Stephen, fix riwrnbarsb i ;. t iTlie diftr i A td the «aft ward of Wateree river. Up. members; \ The diftiiiAo(bNihltt«Qix, tea members* ' . ^, ^ The diftrid of Saxe»Gotha, fix members. •> . :^Th«4iibiiftte«re^8roadmdSaliidy livers, in three 4^^^ , }; The LowerdMlniAf four mcmtiiE^^^ v' ; ;vi Mr • i "The Little River diftttd, fourmembertf. r T^eU]>per6r SipartlandiftriSfc^fourinemberf; ^ The diftri^ between Broad 'and GsUawba rivers, ten MembtfinlP^^^ TheJiftrfdcaNed'tbeNe^Acquifiiion^ ten membtoslV ,>< r TheparidiofSt4^liattte«r,'th(r0eme|iib«rs* iii;.a';,ro, ^ j - The pavtfli ofiOtSAjjre^ three^nembers. - ' ia<;4ir .iiv^r^i. -T^pariftiof St. David^ fix*nemb€m<»5^ it' ivtiiB Isujij i). The 4tflrid betweeri Savannahr* rivers toiid^th^'liififfti^ Ibril^f £diflot'fiKMeaib«ni'> »i-^ • ';- " /^- '•< ■■"' ^v-' ;^fy-! • .■ ' And the etedlion of the faidwen^rsftbll beoMidiiifted', at iiear attniay be^ agratablil to t^ direAiMia'Af the pT«feiit«^anyf«(iire etoditm -aft'or a£l». And whiM theMare ho churcttH dr d^rdi-^ WHrdena^n 3'diArid or parifli^ the houib of repre^n'hititeaj- at fennCDtonvtaitentttime before their expirtotidiH flvi^ appoint plac«t' o^Felediion, and peribiM * to redeive^ votes and malcii wttrns. Tlie qoalifibadoii of eieaiMfv ilaU be, thi^«V(0ry Iree whiteG frt(ili4M'at«4eaJk'>of fifty^aerea roMand, or' a' UMmlet^ and iMathllMentegallf fiiMdwnd poffi^fledof thefiime^ at Jeaft ibc4D0Atbf pnvietattf ftichreledioni or hath j^^ tak'the pvecadiiig year, or wai tMteble the ^rdfentf ear, at ieefirfix «nontK» previoas to the faid eldSlioiiy in' a fum equal' to >hl ts^m^^ acita el land^ to the fuppoft of vthii tovirninent, 0HJ1 beidiecQtcd vperfoRi^piaMifcd to vote for^ and ftiil be capable of eleAfng-e^ reprefimutiveorrepreftntatives, t^'fisrve id% manbM'.or numbers in the ienatei and h^ii^of rcpi«ftfitatiV(to, for the paHih or diftria wherthecAnallyiea refidenttorinanyotbitrparilh or diftria, in lUalkaie, whcK'hahath thelOeefiMehQldw Eleaorsftall take an ' ctthP^ aftmaiiMi^ 4|ualtfiMtiei^ If lip^d>^ by the* returning officer. 1 Uft CtONSsTlTiyTroN' OP laWTH.CAJHFOBWTAj oftcer. No perfon fliall be «li»ble to/if tit t]l6 holtfe otnffeBtnu- fives, unlefshfebeof ^ |?roteftauitriatb biBisivarti|(ienc in this ftate for three years, previoas tahis dedibn* TheqiiiBfi. cation of the eleifted, ifisefidents in thepairiiliorcliftrid forsHUch they fliall - be returnedv flull be the umerarmentibned iolhe eleaion a<^, and.conliruedto mean clear of debt.: 'fiutnaadh- refident ihall be eligible to a feat inuhe hbufe df repMfcqtatii^s, unlefs he is owner of a fettled eftate and frei^oldyitn his dWn right, lOf the value of thtte thoufand and fivtbtthdr^d pptfiUs ' currency at leaft, clear of debt, in tbe pariihor dlftri£t for which he is eleded. , ~ f i i i: 14, That if any parifli or diftrid.iie^eiftt,oe,cefuifiss:ta^ftli(£); members s or if the members chofen do not meet in general af- fembly; thofc who do meet ihall have the pow(Brt'X>ftDe^iiheraI aflembly. Not lefs than .(kty^nine members (Kill niake a fioufe of reprefentatives, to do bttlttieft i but the fpeakbr, ^r any^Tevjen ner9)Kr«»msiyjdjournfrbaiiiUytoday. . i^ f s ;tf'^ > x5.^ThatH Che expiration ;of feven years, afte^ the paffine of this conftitution, and at the end of > . i , /, - '^l6,;'^ilii%9\\money'hi\h for the Aipport t>fiffoyernnvBiit, fliatt driginat? in Ibe hou(e of reprefiinutivfs, and ftall not ibe altered or,anic94ed( by the fenate, but may be rejected by them r And^ihafr^ no money bedc^wn out of the pubitc treafury, b^t by the-l^ii''n latiYe avthffiiy pf the ftate. AU other bills and ordinanoes may^ t^ke rif? jin the fepate or hpufe jof lepreitintatives^ and be idtered^ amende^, or ^rejeded by either^o A^ and ordinances havingi inflfed'^ general aflembiy, iQ^U H^vp ,the gireat baA 'afSxed m thepi»'by 41 joint committee of both hbufeif who fliall waitut>oit the g4»vf motito^ffi^eive ; and tet^^a tb« fmt j and fliall, thi^n^e iignfd ^y the^pjoefi'^nt tff thefenafe, and ipealoer of tbeboUfe^C x^ptefemativits, in the (b^te hiOttfe, and fliail thienceforth have the force and va) idi.ty jcnf a lawt aod; ibe lodged ki tbe fecretary 's oftce*-^ Aod^he fenate and houfedr repi^rentative* lefpectively, fliali en-s joy ail other priirileges ivhich have «t any time been claimed»»jiri . exerpifed by the commons houfe of aflembly. . h-^ 17, That;n«ithef theieoate nor houfeiof reprefeatatiVea fliali! have power to adjourn jbemfclves fqr an^ JqIimp time than tht^ dayst without thefmiiiHalioonjIentofbotb^' The governor and comrnanderin chief '^11 have no povver to adjourn, prorogue^ «r diiiolye them> buti|iay# if neceflary, by and.wkh the advice and confentof the privy-coDneiT convfUe .th«m,: befons the 4ime tor which tbey fliall il»nd adjoarnjpil*.; Aitd iieh^. a bUl hatK fa^nn 'rejtt|ed .feffiQAf •ficeviou: ■ ■/.•i83'' "theinrel . during) i ihoitfe ol Ibccafiof .we«icfi4 i titnt ap] 19. 1 yber pv m choien a his. feat I .reprofem r elc£lin;^ nfliaii acG ih> thp iTl cepted ti thereupo fcrving»2: the ftattfj . regi(W t) jttitiic^ i ; rcprefcnt ! of qnilitai ' fronnb^ir 21. A ftffidnyd OUgh^t no tlierefore . xeligi0u$, paftoi^al «feg<:iv{;ti of r^prei ... i 22, of theuii re|»rcren And npt extend [t< . delcgaw- as* J •fori, mil amtinabh reprcfertt i third p«>i; €ON5im'UT*0lf : 0Fn BO^fl^^'i^Afcf^M^^ ^p ■ their) refpeaiYdoflfcj^rs, by.?b»'iflt,; without 9pn*i5oul; /Andktjjit/ .during! a i^fflssfe, the preri4ci;i?; ^f /«he fcnatf:, ajiji Ypsajf||e"r' 9^^^ ihoufc ofitre^rt&nUitiv*^, lj>jt)l iffue wrists fpr.nllt/Jg up v^c^^qim, : todcafioped ;b)( jde»th }ifi tl^^ir ,r9ff»?«ive hpufps, giving at Jeaft t^kt , we«k!:i »nd 'iiotr more'^itha*! t^ir tynfive jdays p/^yi^u^ ii9|ac^, '^ j(^e tiine appointcdjfor theel^aioriv. ,, ^] ., - v^a*' 'V 1 -i '^ IQ. That if any parifli op dli^ri^t &all neglctt td eUll al meni-^, vbcr or menoiWrs^t cfn the day-afjjBiedJion j or in jsaife any person choieii a luembprpfi e^th<;r ,ho^f«, ; Aall refufc ,to qiialif/ an^\^ his feat a^fuchi. erdie, QP^e|?^rr;^be, ftate^jthe fei|ia^eof,^u&^ ; reprefintativo*, a%>s Of ; reprefentativesr^t 'pri*y. cPMn^ilji C^WK^Jfo^rg^^.^^Jt^^f commilury \M ipUitary;fto*ea i ,Wliich,,9ffi9PTe %re,}Jiete% a^red difqualifi^d rsCroili being.rtiewberS.eithGnoif the fenateorboufis pf reprefcntativ^i* *2I. Aiui whereas the minivers (if .the golf ej arej by their prp-. /ftl^dn^ dedicated to t,l;e^ fc^yice of God, and thq cure of fouls, ahd •^ ought not to be drveited froniithegr^eat dtitics of thetr fuh^ion ? thfr'«;for«,',np/m|nifterl»f the gpfpel,'or i^uBlic preacher, of any . xciigipui,.pcf(Hafip«, whilp; he contjti^jUcsin ;thc cxcrfife ^of His paftoijai /iilS*qn. and.fior Wo years after, (ball be eligibje^^itKef afe g*i!V^)to<&» , HeiAteiiaivt-gjpvcjrnor, a memhcjbof ||ic feiiftte^Jitbufe . of reprdeotatives,.,oi;:priy;y..«50if9cil In ihis^^tie. • ',. ; ;, .. ^ ,22. That ihe delegaj^^f tj>,/reprefent;.«^is.|tate in the Qm%Xp^. of thc.utiit,iBdift»tes, be chqir«;hannu3l)y,,by the fenateandHoufieof repfefenWtive^. jointly by^ balVf, m,.th?Jipufe^ ^ J] : .. J»3.' TiJiPulh?^ fqrriK of inipe^flmg ,f»H pSviefs of the; §i|ej «forf, nf«l »tt(d (CPr/upf c6nd4a iXi their |,;«ft5e(^ive toffic«pi ^ot amftnable., to jifly Pther jurJfdiAtiP§TJ?^iVe<«;d in the hpufj^of reprefetttativcs : But, that it (halt always \>% nectjfltrjf, that t^p- i Ihkd Rj|«%*f tJjft meinb?PV pr^ent ;do, 90#n« t^,,^^^ agree in, made, the prcfiint escerciie thtt office «s Aitli ihi(ieiehttctit. That the feiMtora and fuch of the Judges of ^iffeiti^, is'»tt not iheiiAiinof the honie of rtpnfenutives, be a court for the trial of impeachments, under fuch regalfttiohs at tlfe li^iBiiturfelhaJl eftkblfih : Artd that, |>revi0jus to she trial of «very 'ihi^ebcKment, th\e thettibdrs of the faid coortflisit rei)pe^vely be i^oHf tfuTy Mm imp^riiiAlf to try and determintvtke charge in 'aueftforn, ^(^cordlrig to evidente» And no judgnlen^of the fail ^6tttt, e)tcept jud|metit of at^uit<<«I, fliall be valid, linlefs Ttfiioll 1)e stfiertieif to by tWoi-ttlird p(irts:of the members then prefent. And on ^very trial, as well on im'j^eachments as others, the parey "i^^rtl'fiiaH beiillowed counfel. 'llL That the lieittenant-^ovetnor of the ftate, and a ma].oct(fy df'rni/ili'ivyedti^ci], for the time being, (haH, until other wiie "iBdm by thefe|tllature, e>cei«iftthe powers of a oourt of chancery. ^Anid th^ri ^iH be ordinaries appOintfd in the fevenil diftri^ks in this ftat^v tb^thofen by the fenSte a^d boufe of rtprefentfttives ' Jt^htM trtr balhyt^ Hi the houfe of reprefeneatives, who fiuitl, with- lii their rfcijtiiSiVkdift^ids, exercife^e powers heretofore exerciftd *it thf pramiryr'And'uritirftiCh kppotntm '^F|l^sry, hi €hsi-leftoWn» fliall continue to exei %*etofbre. . ' 25. That 'A^fiiti&'iStidn of the coalt-«f ftdmhraltf be^on^ned .,1ib'-marit!tne'jiau'fcsi': " • m-- •^■■^ ^-^V''^ ''^ •-;■•'•■.■■■'• -■ > ■ i ^^aibvThatiuftiif^softbe^atleAaM be noittiiMted by thorenite iini iibtrfe or repfefbhtstivds,' joihtly, andt^mmtffionfdbytbe %^Vi!^^'^^'^ '"^ ^^'^'''^^"'^^^" ^''"^^* during plelfure. They Ihall '^Sfe ihtitled to te^ve the fdn l^eretofol^e eftabliflied b^ law } and ' ihbtaifling in' the ^agfftracy, they ihall net be ibtitled to the '*^I*r5vilfeees alibwdd to thcnt^ by law, ' ' 27. That alf dtli^r Judicial officers Qiill be chofen by ballot, |o1(itiy, tiy the'fenate ai^d'houfe of repfefentattves, and, except the Jhdeesof the Court df chancery^ tonMniffioiftd by (he governor ' ana comntatrder in chiief during good befafavioor ; but fliall b^ :nti6}fi6 on addjreifs of the fenate and hoiife of reprdfem^tives. ■'■ ^^9. -Thar ih^ 'fli^rrffs, <|ualified u hy law dircaed, fluU be chofen ii| lil^e mahher, by the fenate aiidhouCe of re]prefentatives, , wWidnilfe gOyernbr; tieuteiiaiit governor, and priVy council are : ciXttetit iY)d co^miiffioned bj^ thiigoveritor and'coritman'der in ehief fbi" itiro yearf , and fliall give fecurity, as required by law, befere they enter on the execution df their office. No flieriff who fliail iti^ferVed'fortwo years, fliall be. eligible tO'fei'Ve in the faid office, after the expiration of the faid teriii, until tliefuH «id and ittltnof four years, but 1(fein continue in office ilnff't^uch: choice 1^'tnade: Nor fliall any perfon be' eligible «s flier^, in My '^4(fl'f>^> ^'nl^fs heiball haV^ reiided therein for two years> pYtvieus '^to theeieSion. 29. That cvo commiffionen of the creafui-y, lhe>fecrettfyof \' . ' )■ . ■' ' ^' the ¥' ■ CON5>ITUTfOJ|l OF 80UTJ>.CAI^0X.^NA i^ the ftaie, the ngiflcrt of mBfne cooveyjtRoc^ ja ^^cb di^jri^ attorney: MnercLiMcvcgror geneml, powicr-c^ceiver^c^le^grs inl^ c«9>iptrolTerfo|thecuftomi,aiid w^iter9»be«l;6fejY in IikenMi\ner, by the feiiatey and houfe of repi«X P>Mo^» jo the houfe of reprefeiitativf s, and coatmi%n9d by the governor wi commaiider in chief, for two yein. Tb^t nop? of the faiji Offers refpt^iviely, who ihall hiave ftprved for hwt y^^vs, (b^liVf: eligible to ferve in the faid offices, after tb? expii-jCtioii ofifie^f^id term, until the full end and tern of four years^ but iki^l popjin^ in offices until ^ new choice be ma^e: Provi4ed| that nothmg herein f»ntained, fball extend to the feveral pcrfoii^ appointed tp .tbe above offices refpe^ively, urider tbe hxti conftiiu'tion. And that the prefenf, and a)i future coi^imiffioi^ers of thf trs^ufy,a^ ppwder itceivera, ^11 each giv^ bond, . with ai^pr(^y^jjfecj|^lty| agreeable to law. /,,,;• ,i,.v*-. '■^'^ipj-'' ' 3p, That all the officers in the armv and nayv elf thi«ftate, of and above theVank of captain, ^a)l be chofen by tb^!j[^iuite>^ jK>ufe pf reprefentatives, Jointiy, hy ballotv in $bc h^(« of rej^rf- ^jptatives, and conimimone^bf thegoveraprapdfomii^iiAw^^)^ ipbief; and that all other officers in the army ajid n^vy prtj^s ftite, (hall be commiffioned by thegov^ripor ^i|)f)foroi|(;^j^i|ti chief. • ',-■>.,,''■ .r. :,"'" '.,'..,!> . ti..Tliatip cafe of vacancy, in any of theoffices^bc^e^irfi^H e filled by the fenate and fjot^e of repreientativef» ^c ^yp^ot ittd dMntnancjer iii chief, with ^he advice and confem^^jpte council* may appoint others iU tkjocir (lead, until tl^rejQi'an'te^ cleiftioh by the fenate and houfe «f reprefentatijres t^ nll.tpQiey^- c^iicies xelpc^veily. ft 3a. That the goveuior and ccsunapder lb chi^, f^]|(^e lid(viice and conient of tbe privy council, jnay 9j;^oint, Mi^z pleafurc^ until otherwife dire£toii by law, all other npc^Qary vf- ficcfSj iBXcept fuch as are now by law dire^ed j$,.l>«L^b^j(e cbofen. v ' ■ 35, That the gcf^y^ernor and commander m mti( jj^l jb?^ve.po power to compftnce war, or conclude pj?af:c,!Qir^^t^r^j()to^yJij^al treaty, without the confeittof tbe fenat^and bouirof(f^p^eCe<^istiv<^* 34. That therefolationsof the Wtc congri?irwjMtbis5atRr,apd •JJUws now of forice bere (and opt here']) altc/ed), ih»ll ^ cp>i- tinue, until altered or repealed by the legilUtuiie pf this.ftate, unUfs wbore Uieyaretemporanr, in wbich cafe they ihall expire, at jtjbe tlJF^jt re(jpeALvely limited far their duration. 35. That tlie governor and commander in chief for the ti^e^ Joeing, by and wujb^ t^e advice aupd content of the privy .cojinciiJ, jnayiay embargoeSj or prohibit tbe exportation of any commodity, ijarimy time, not exceeding ibiR^ days, in the rccefs of the gcncysl a^mblyf 36. TbMall perfpAf wbo ihal) be chofcn andaj^ointed to any I '8 I •th : *; t^''i, P^. B. Jdicknowledgft the'Ajite of'S(i(tiyh-€wo1?rta to'bea 'fr?rf, independent, a'nd fovcreigri ftai6,' and tHaf tfte pf^ciple theribf oweiio allcaiance or obedieiice to <}ebyb tH^^^'^Wr^ Great Britain :' At)d,l do rendii'tjc^, ;rer»i)l», ai^d'ibjiirfe, any ?I- Icffiahce 'or obedicncV to him : And 'I do 'fwear tJr afllrrtii '(as thi cafe rfigy btV thal^ I will, td^ the'ttttnoft pf my' po^irir, fiipport; iii^fptaih and 4»e^'ftif kih^g' '"' with ildeli^y and horibfur; and 'a'c'cbrdink lib ^lie Vcftof AiylkiUahd underftknto. ,Sof t5od.": •■ " '. * 37» 'That adcqiiatft' ye;iHy fWarifes be alloWed to the public ^officers of this ftate, and be fixed by law. . , ', ' -^ ^8. That^allperfons^and religious foctcti^s* wbd acti^nowled^e ' fhkt ther^ is'on'e G6d, and a- future ftate of revitards ^nd punifh- Ments, arid tt^dt God is publicly W t)e worfliipped,' ihall be frate, and hold the religious' Iproperty now in their pofleffipn. fiXMi ^iX^^^Yisx^vit': fifteen or more male perfpns, not under ftweri(^--bM years df age, prdfeffing the chriftian Proteftant ^'jte|iglbh, and ;ij|;reeifig to tinite themfelves in a fociety, for the )'pi»rp6ifesofrellgiPii? *orfiiip, they ftiall, (pri' cbmplying with tbe term^ hprHnafter mentioheo) be, and^'^be ttlriftiiuied, a church, . and be eftefcnied and regarded in lirw, ai of rHe eftablilhed religion 'pftheftatCj and on a petition' tp the Icgiflattire, fhall be Entitled to . t>e intcorporatcd, and roenjoy equal privileges. Thsit every foei«ty of chriftians, {o f6rmei|« iHal! give theijrifejtes a nfame or dehomi- n^tioOi t>y which theydiali be Called ind Ictiowh in law } abd all that aflbcfate with them for 'rtie purbofes of wori^ip, ihall be . efteemed is b«'l6^giri^ to ^he'fbclcty fp called : Butthat, pt'eVipus ' to the eftabliflimeltit and'iAcprjporatioh of th^ r^fpe^live fdcleties of every denomination as aforefaid, and in ord^r to intifle them ti^ercto, eapb rb(:!ety fp petitioain|;, ihail haue'argreed to; and fttbfcriM< fiibfcrlbetf, in a^hoibk, the fi^!ls#ing fiveirtJdis, withoai w!*iclf, Wti ■grtementor unioii of men* tij|>on |}retence of religjoni Ihall inriil* thetn to be incorporated, itod lifteetned a9 a church of the tfilabliihtd Tcligiotiof thi9ftalt«: ^ ' frrJI^ That there M one eternal Gody and a future ftate pf rewardi and piihifhrnents. - ' - i i ^■'if'««^^^y".M?!fMH*rt --'SeednJ^ That God is pdblicly to be wttrfhipped.r'" '■ ' *^^i< / /'TiWrrf, That the chrUtiartrtHglon iiithfe true religion . '5r : yFiittthf.Thtkt the holy 8cr»ptures of tWeOld and New Teflai- li^biftiVe 'of divine infpiriitidtlVartd are 'ttt« rule of faith and •fii-a^^ice./: ■■■'' • ■.;....:..■_-.■:-■•-:; , w?^-! /u ■;., ; t'. ■ ; ' , /■,' - i 'Pi/ihi: That it i« lawful/ and the duty of ^cVery man, being thereunto called by thofe that^bvern, to bear-witnefs to truth. ■<' That every inhabitant of thiK ftate, wheti 'Called to bake an .appeal to God, asa witnefstdtruth, jfhal^be.pirrinftted to dqitih |hat way which is moft agreeable to the dil^ate^s of his own con>- v fcience. And, that fha jieople of this- ftattfttiay fbrever enjoy 'the right of electing thei^owh paftops or clergy; and,^ tit the fame time, that the ftate may have fufficient fcfcurity for the due dif. charge of.the paftoral bfficej, by thdlb who (hall be^admittedro be clergymen, no perfon fliaM officiate as >mihifter of' any e^abli^ed Church, who (hall not have been chofen by a majbrity of the fociety to which^ hfi ihall minifler, or by perfomfi ap^poiiitecl^'by the. fahl majority to choofe and procure a minifter for them, noruhtil the mi Rvfte^fo' chofen and aj^jwinted, (hall have made^ and fubfcribed'^ the following declaration, over and above thraforefaid five artkki, viz, -'- . '. '[■ '' '' " :.-'■ '■ ' ■■ ^ \ " •• '. .;.. '. ' <( That he is determined, by God's grace, out of the holy ^rip- ' tures'i to inftrufl; the f>eopte committed to his charge^ and to teach ^noihi^e (4S required of neceffity to eternal falvation) biie that which he (hall be perfuaded may be concIud(;d and pro^U.^tiMn '^he fcpipture; that he Will ufei both public and priv^ate sadmo- • nition*$v.as well to theflck as to the whole^ within h^s'cas much,as in birp lieth, wholefome examples and patterns to the flock of Chrift ; thAt he will maintain and fet forwards, as much as he can, quietnefs, peace, and love, amoiig all people, and efpecially among tjiofe that are or iha)l ,'^<( . coaji^uWC(|, tol his charge,'' ' ■,, - ^ ^-a, ■;• ■ a.,v^- '^'■v No pericn (ball dlAurb or moleft any; wligiftuf vd%^Wy, :nor ihall uie any reproachful, reviling, or abufive language, agaitWt any church ; that ' being iHe certain way of difturbing the peace, m9 of hifidcring the cohverfion of any to the truth, by engaging ' ' ' • tHem /\ them JB quarrels and «nimoiUifSt )t«'Miie)iatFe4 of. t)ie pi^Utht^ a|i^that4>rofeffionwhkh other wi/«4bey ipiighc l^e brought to aflcnt tqui No perfon wha^oevf |s jpi^tJ) 0>^lc >^ icfaing, . w their religious afiembly, irreverently or feditioufly of iHe ^vernmenc tif chip date. No perfon fliakli by ,law« b«, obliged to pi^y towi^rda the maintenance and fupport of a religious, wor^ip that he does not freely join in, or ^{|S not v«U»nUrit]f i«ag9ged1o fMpport : |lut the churches, chupeU^ parfonages, gl«^% Aftd all otbetr otroi^efty,' jidvr belonging (o, any fpcieties of cbe^hurch of Engiandi^ or fny otb«^,rejigious (qcifitiefv AaH remain, and be feCMrcid to them for ever. The poor (hall be fupported, and elet^tions nnanaged, jii ti>e_ accuiloRied tmnmti untilJawv fliall be provided^ |« 9djim# caC^s, lefs fanguio4ry» W» hi Ipneral, more proporiioAate to t]ie«riine* , , f ,41. That no freeihan of this flale be talwn^ or iiptprifonedt cgr diueizedhof his freehold, liberties or privili^, or oi|tlawed, ly ej#K), or in any niaiiaef deftroyed» or deprived of his life, liberty, or property* but by tJhc Ji«^q»fnt pf |lil peerSj of by the I4W of dielaad*: ■Mt>?s>r"'f<^ .»-*,, .v .■'••■ ,;> ; 42. That the military be fubordinatetoibediMl power o|,||^ .ftaw. ■ -,., ■,. ■ . - ' 43. Thattheliberty of the prefs beinmlablypreferved. 44. Thatno part of fhis conftitiiticMiAuill be altered without a BOtice of ninety days being fMrevioufly ^iven ( nor ibaiU joy part of the fame be changed without the conient of « m«i.ori$)r:9f tibe members of the fenatea^boufe of rt^re(^tativ«B*; •' r- 45. That the fenate and howfe of reprefentatives ^|l not proceed to *he eledioii of a governor or .lieuteOam-governoft iMul tberc be a nwjoricy 5f both houfes prcfiuit* in thi CtunciUChambirt tb^ t^ ^ ^Mfifth^ 1778* Afientedto, HAWtlNS X*btVNbE$. eftht Ligipttivt CoUMdU Thomas Bit, ^idkir In 1^ GfeVBtHl. A^sVmtr, fht •j<9t^ 3>ay of Maich, 1778. - ' 1*£Tii» Timothy, C <».>/. .'.t' ("^'HS )^ ' ••**y^-« '/»•■* J I .K' X *tr :. -i >*!■ r<&#CONSTITUTIONy/A#5rfl/*»/Ga^fglt;wi«i»«i»^ t1^ HlJil^E^AS the Condy^ of thctegiflature of Great- BritiiiQ *^^ for qiany years paft., fias been fo opprtflive on the peopltjj^f America, that; of late ^ears, they have plainly declared^ auia, iX^tttdji right tpraife lixea upon the people pfAiQericaV and lo niikelaws to bind diem an' all cafes whaifoeyer, Vithoulr'Milei^ Confeht i which condu^ being, repugnant ta the conpmori^eigHH . df mankind, hath obliged the Americans, as freemert, to oppo^^ iucb oppreflive meafure««,. %nd to^iTjirt the rights and prijiril^i thej iire intitled to, 'by the laws of nature and reafon } a^tlai:- cordinfgly it hath Jjee^doncHy the general confent of all th^jpif!tn3^y their reprcfeAtatives -n^et together in general congrefs in the city 6rF*Hiladeiphia, • '^ * And vvfhereas it hath been recommended by tfie faid Cpj(»giels on the jfirteenth of May laft, to the refpeSlive '^emblies iind^cpia- yentioni of tht; united ftates, wbece po'^governm^tit, fulSci^ to Ihe exigencies of their affairs, hath been hithcrto'elblbltiE^ t^ adopt fuph^^dveromenC, as rnay, in the opinion <»f the Veprefeiitii->- tives of the people, beftcQnduce to th? happiiiers and fafetjrof (heir ConftitiicntiSL In particular, and America in general, Y^;'^ And whereas the independence of the united ftates df ArA^rida Has b^n ,alfb de(jlared, on the fourth day of July, one thoufand feven huhdred and feventy-fix, by the tatd hbnourable cpngre^» and all political conneflion between them and the crown of G^eat-' ^Britain is in cpnfequencetherebfdiirolved. , We, therefpre, the reprefentati^rcs of the people; from why monthly rotation, unlefs'the menibers of each county agre^ for a longer or fhorter period';. this is not intended io exclude either meniiber at- iteiiding : The remaining ntiirber of repjreienf ati ves (hall be called *t%i Houft of JJpmbly i and the niajorityof the 'members of the faid hoitfe fliali have power to proceed on bufinef^. , 3. It (hall be an unalterable rule, that.th^ houfe of 8(reinbly (haJI expire, and be at an end yearly and ^ver^^year. <^n the day preceding the day of ele£li0n, mentioned in the foregoing rule. 4. The reprefentation (hall be.diyided in^'lhe following maii'per: 'ten members fur each county, as is herein after ((ired^ed, ex>^ cepting .the county of Liberty^ which contains th;-ee pari(hes, and that (hall be allowed fourteen. . ^ The ceded lands nbrth of Ogeechie (hall be one county, and known by the name of Wilkes. The pari(h of St. Paul (hall be another cbunty, and known by the n-amc 6f Richmond. '^, Tlif pa^i(h of St. Qeorge (hall be another county, an^ known py Vhie name of Burke. . t'he parifti of St. Matthew, and the iippcr part of St. PhiUp., above Canouchie,: (ball be anoihiSr county,\and knpwn by the nameof liffingham. ' , Thepartifh of Chrlft-Church, ahdthelower part of St. Philip, ^clow Canouchie, (hall be another couiity, and known by the name "of Chatham. . : '; - Vl^he pari(hcsof St. John, St. Andr w, and St. Jai^es, (hs^ll be aoother county, and known by the name of Liberiy. The pari(hes of St. ^^ayid and St.' Patrick (hall be another coc(nt'y, and known by the name of Glyn. . ":» The parifbes of St. Thomas and St. Mary (hall be attotber county, and known by the name pfCanident The port and town of Savannah piall be allowed (bur members ta rep relent their trade. Tke CON^JTITUTION QP OBOROIA. HI ,. The port «n4 town of Sunbury ihall be ajjiawed two mmbeit to reprefent theur tradf . , „,^. 5. The two <:oui«ie« of Qlyh and C?nid|en(' ih«)I lbav[e'. on« r4prerenti(tiv^f4f;h,>af)4 filfo th^y,,aml alloth^r.counties |hat may hereafter be laid out by the, hou(t f^f a^embLy* (ba|Ji be>untler tbo follo\^ing regMlationii.vis, .^K.theii; fir/l inAUutiQiia eaich cp^pty ihall have one meii^ber, provided tbe,, inhabit^n^liof (^id cp«nty ihall have ten olf 4iQri 1 and if thirty, tli^v (hall have two,! if forty, three } if fixty, four; if elg^t]r, fix } if an hundred and.upwardfs ten ; at which* time two executive councillors ihal) be cholen. froni them, as is directed fpr the other counties. 6. The reprefentativca iball be choien out ^ of the refidenta in^ each countv, who (h41 haverefided, at leaft, twelvemonths i^ tljia ftate, and toree months in the ^ounty where they (bail be elefttid ^ except the freeholders of the counties of Glyn and Camden, whor are in a0atc of alarm, ^ncl who (hall have the liberty of choofmg one member each, as Specified in the articles of t))is,conftitutiony in any other county, u^tii they havo refidents fufficicnt to q|yuiUfy( them for more : And they iball he of the Proteftant religion, and 8. All laws and ordinances flxall be three times read,^ and each reading fliall be on different and feparate days, except iil cafes of great neceffity and danger ; and all laws and ordinances fliall \>t lent to the executive council, after the fecond. reading, for their perufal and advice. Q. All niale white. inhabitants, of the age of twenty-pne. years, and poflefTed, in his Own right, often pounds value, and liable to pay tax in this flate, or being of any mechanic trade, and fliall have been a refident fix months in this ilate, fliall have a right to vote at all elections for reprefentatives, or any other oncers, herein agreed to be chofen by the people at large ; and every perfoQ • JiBving a right to vote at any election, ih^il vote by baJJoe perfonally. 10. No oftccr whatever flmll ferve any proccfs, pr, ^ive ;iny ' U other <4» O^^^TITUTION ^1^ GB^RdlA. Other titlKirMicie to tny pctibii iilticM to vote, iiihtr In going to the place of elcAion, or during the time of thtlkii titdlion, or on fltielr t«f«rn]iltt fffonit from fuch eledion i hdr Ihill injr milittry 4iAeeir, or fdldfltir, ipMir afanjr elcdfcMi in a military charaacr, to the intent rtiat all «feAions may be free and opem II. No pcrfbn fhall be entitled to more than one vole, #htch flMll be given in the county where fuch perfon reiidei, except a« befere excepted i nor (hall any perfiomi, who hiffdk any title of nobility, be entitled to a vote, or be capable of ferving at a rcpre- it^HMtive, or hoM any ))oft of honour, profit or tmft, \n this ftaie, whilft fuch perfon claims his title of nobility; but if the perfon ItrnW give up fuch diftinclion, in the manner as may bedire^ed by any fttcurelegiflifure, then, and in fuch cafe, heihaH be entitled io a yote, and reprefent, as before dircfted i and enjoy all the other beneiksof a free'cititKcn. 11. Every perfon abfenting himfelf from an ele£lion, and (hall negleA to give in his, or their ballot, at fuch eleilion, ihall be iAibie(ftto a penalty not exceeding five pounds; the mode of reobvery, and alfo the apprdpriacion thereof, to be pointed out, ind dircAed by z€t of the legiflslture ; j^fovided never thelefs, that a reafonable cxcufe fhall be admitted. 13. The manner of cleAin^ reprefentativet fhall be by ballot, and mall be taken by Wo or tnore jullices of the peace, in each county', who fhall provide a cortvehient box for receiving the faid ballots } and on dofing the poll, the ballots (hall be compared in public, with the lifts of voters that have been taken, and the majority immediately declared ; a certificate of the fame being Siv(Ai to the perfons elcded, and alfo a certificate returned to the oufe of reprefentatives. 14. £very perfon incitled to YO*te fhall take the following oath or affirmation, Jf required, VIZ. ** I, A. B. do voluntarily and folemtily (wear, or affinp, (a$ the cafe may be) that 1 do owe true alleffiance to this ftate, a|id will iupport the conflrtution thereof. So tielp me Gqd." 15. Any five of the reprefcntattves eledcd, as before direAed, being met, fhall have power to adminifler the following oath to each other ; and they or any other member, being fo fworn, fllall iiH the houfe adminifter the oath to all other members that attend, in order to ouatify them to take their feats, VIS. ** I, A. D. do foiemnly fwear, that I will bear true allegiance cotheflateof Georsia, and will truly perform the trufl repofedin ine } and that I will execute the fame to the beft of my knowledge, Amt the benefit of this ftate, and the fuppprt of the conftitutiot^ thereof; and that I have obtained my eledion without fraud or bribe Whatever. So help n»e God." 16. The continental delegates ihall be appointed annually by biidlor, xad fiiall have a ri^ht to fit, debate and vote, in the faoule CONITITVTION OF OlOROIA. ^ •r •flemVly. and bcdatmed • ptrt ilMitof ( fujbM ho«r«v«; tathc regukitiont oontatiwd in the cwtlfth aiticU of »« cimJiie<|cEfttida or iIk United ftafMt 1 7. No parfoa bearing any poft of pr(»fic under tbit (bt«, or ny perUui bearing any military oonmiiAofl, under |hii or any otbetf ftate« or fbteti except oflkert of the riillti;;, iball be . IcAed a rcprefentative* Ami if aj»y npre(entat;ve 1k%\\ be appointed lo any place of profit, or miliary eommiffioni which hr ^1|idl accupt, hit feat (hall immediately bafiooie vacant, aiitidheibaU bciixcapule of re-eleAion^ wbilft holding fach oflU^* By this article it is not to be underftoodf that the offic of i| jttflice of the peace ii a poft of profit. 18. No perfon (hall hold more than one office >>' v"^oht, undef thia ftate, at one and the fame time. 19. The governor (hall, with the advico of the execative council* cxcrciie the executive pqwervpf ^vernaoent, aco^rding to the lawa of this ftate, and theoonftitutiontherfofi (avecmlyiQ the cafe of pardons, and remiifian of fines, wbiah he (aall 10 no inftance grant {hut he may reprieve a criipinal, or fufpend a dne^ until the meeting of the awsmUy, who may deteimine therein, as they (ball judge fit. to. The governor, with the advice of the executive council* (hall have power to call the noufeof afTfrnbly together, upon any emeiigency* before tha tiaw whieb they ftand adjourned to. 21. The cOvefnory with the advice of the executive council, ihall fill up aU invermediate vacancv hat (hallMApen inoi&cea, till the neat general ele^ion : And all commiifions civil and military (ball be iftued by the governor, under his hand, and the great fcal of the ftate. 22. The governor may p'-iidc in the Executive coi^nci! at all tiBMS, except when they are caking into confideration, and pe rufing the laws and ordinances offered to them by the houfe of adembly. t2* Thf governor (hall be chofen annually by ballot, and ftiall not be eligible to the faid office for more than one year out qf three, nor fliall he hold any military commv(Qon uflder any other Aate or ftatet* The ^vemor (hall refide^t fuch place as the houfe of afTcmbly for the time being fliall appoint. 34. The K<>veraor's oath. judgement, execute the (aid office (akhfully an^ confcicntiouay. according to law, without favour, afteaion, or partiality ; that I willr totheutmoftof my power, fupport, maintain, and defend the ftate of Georgia, and the conftitution of the fame i and ulc my utmoft endeavours to prote^ ■' '"' ■'' '^■'■-- ' • ' The fame oath to be adminifteriid by>che fpcakertothe prefident l)f the.cbuhciii' ' ' 'I'^mor i ^— . No perfon fhall be eligible to the office of govtrnor, who his not itfidied three years in this ftate. ' ' It; The executive coun^ &aU ineet the day tlftir their tic Aion^ and p'roceed to the choice Msf ft {i^efideht out of their own body $ they ihiiit} have pbweV to ap^point their ^wii'dffieef»,^and fettle their ^biiirn ftilies of proceedings. « j • ^he council (hall al ways vote by eounties, and not ind ividually. 26. £verycouncillor,b^ingprefent,ihall have power of entering his'proteft againft any meafureS- ill ^ooncil he has not confemed to, provided ne does it Within three days. 27. During the fitciifg of the iflembly, th? whole of the exeictiiive council fliall attend, unlefs prevented by ficknefs, or ^omtf bther ur|^nt necefl^ty } and in (hat caf^,' a majority of the council fhail make a board, to cxHunine the laws and ordinances lenttheihby the-hoiife of alTerobly \^ and ill laws and ordinances fent to the council, ihall be returned in iive days after, with their remarks thereon; * 28. A committee from the council fent with any propofed amendments to any law, or ordinance, (hall deliver their reafons forVucb propofed amendments, fitting and covered} the whot^ hdiife at that^time, except the fpeaker, uncovered. 29. The prefident of the executive council, in theabfeneeor fi<:,knpfs of the governor, fiiall exercife all the powers of the ^o^'crnor.' ' ' ■ ' '. • " iM ;i;,--:;T«.'_'; ■' - ■•■:•/. 30. When any affair that reqiffr«ifeci>ftiey fhall be laid before f ^he governor, and the executive council, it fliallbethe duty.of the jgoVernor, and he is hereby obliged, to adminifter the folloM^ing ' " I, A- B; ^o folemnly fwear, that anf biifinefs 1 hat (hall be ' at this tinie communicated to thie council, I Will not, in any man- lier whatever, either by fpeaking, wricingv or otherwife^ reveal the fame tp any perfon whatever, untit leaveigiven by the council, or when. called upon by the houfe of aflcmbly ; ana all this I fwear without any rcferVacion whatever. So help me God," - And * , CONSTirUTTON Of OEOH^IA. 'i49 And •And the fame oath fliatl he adtniniftered tb the recretary^ i^ bther bfficeri V neceflary to carry the bufineik ihtoexecution. '31. Tht'^xd:utive power {hall exifti till renewed, asboint^l out by the rules of this coriftituiion. ^^•'^ - -v ■ :':*'- *'; 32. In aU tfanfaaions between the lejgiflatiVe and («xecijtive ^(iics> the famie (hall be communicated by meffagtf, td be delivered from thfe legiflative body to the governor, or exe<:utiv^«ounciF,by i' committee } and from the governor to the hoiife of afl'eihblyi by 'the ftcretary of the council } and from the executive council, by « committee of the faid council. " ;': ' ' ',>■>''■' ^ 33* The governor, for the time being, fhaili be'ciptaih-general, iAnd commander in chief, over all the militia,' and other Intiitary and naval forces belonging to this ftate.^i^'* *' ;:■ ' Ai) ^;;fn*u * 34. All militia coiriiniffioyts fhau fpedtfy, that the^^erfoft c(Att- 'inimoned fhall cohtiiiuie during good behaviour. ' ' , '' 35. Every county in this iftate that has, or hereafter may haV4*, two hundred and fifty rnen, and Upwards, liable to beirarrHs^ih^U be fottned into a battalion,' and when th6y become t6o numei-oua for pne battalion, they fhall be forced into more, bv bill of the legiflature; and thofe counties that hav^ a left number than two hundred and fifty, Ihall be formed into indepiendent companies; ' 36. There ihali be eftabliihed in each county a coui^t^th^firftTui;(day ' in' March, in the county of Chatham. >in' ^>U h ini^i;; jXhI •The fecond Tuefday in March, in' the tourity of Effinghain. » The third Tuefday in March, in the county^of Burkev ■ > 'The fourth Tuefday in-Marcb, intheioounty of Richmond. The next Tuefday, in the county of Wilkci. ;^ ' > And Tuefday fortnight; in tht county of Liberty. ; The next Tuefday, in the county of Glyn. And next Tuefday, in the coi^nty^ of Camden. The like courts to commence in O^ber, and ccmtiniie as -tlbove. ■ "'■'■'■,'-• 97. All caufer. and matter of difpute between any parties, refioing irt the fame county, to be tVied within the cOunty. 38^ All matters of difpute between contending parties, refiding indifferent counti / 30. All matters of breach of the peace, felony, murder,' and treafun againft the ftate, to be tried in the/^ county where the • crime was committed. All matters, of di/pute, both civil andl criminal, in any county where there is not a fuffieient number oip inhabitants (0 form a court, (hall be tried in the next adjacent - county where a court is held. 40. All caufes of what nature , foevef« (hall bie tried in the fuperior court, except as hereafter me^itio^ed j which court (hail iAiplI mnii^ of^hcfihief-jiifticci »a4 fhrf^ (ca^e of the c^ief-jufticK M>#i iisoipr . j^ifij^ ^ thf bench Aall ^^ a? <:hii^f juaice! with the clerk of the county, attocncji for the ftale^eni^ ci^^q^ '..|N9r« «f»ift»t>le,^ l^iuiorfi. And in cafe of the aVience^yf an^ of .',tl»<,9^capfi)tion, the jniUce; on the bench lo appoiM v«t|ierft in tli^ii r^RmjNTf ^Mi>«r«. Ai\d if auy pUintiff or'def«». ^^>iai|t ii« civil cz^^^fhMl kt dilHitisfied with tb^ detertliination of i;«bf j¥ry. t^ei».^i»«Ji«i M¥»t cafc» theyihalJ be at Il^9.«y within three days to. enter an appeal from t^t verdid, and deqund # . newtriai by ».fp4ciA|Htior^* |o^ be |u)niinated ai follows, viz, f«<;b party* pi4Mni the opinion they^ntartaincd of the evidence, provided it be not repugnant to juftiee, equity and confeience, and the rules and regulations, contained in thiaconftitutio*, of whirh they ihall jw<^v 44. Captures boih'by fem and land to be tried in the county where fuch (hall be carried in } a fpecial court to be called by the fhi*t,jufti«e, or, in ^ abfence, by |he then frnior juftjce in faid county, upon ipplication of the captors or claimant!, which 5raui« fliall be detennined within |hc fpaee of ten days. The mode; of proccwting and appeal i)iaU be tl|e fame as in the fupcrirr CQi^HvUnlefs after the fccood trial an appeal is made to the continental congrefs^ and the diftaoce of tiiiie between the mfk andiccomi trial SwU note:toeed fouptcendays : And all maritime caufits to be tried in like ma«>ner> 45- No gr^d-jury i|^ali confift of Itk thnq eighteen, umt twelve ffiay ^wd fMl. 46. That the court of confdence bo continued as heretofore pra£li(ed, and th^t the juxifdidioo thereof be ^tendfd to try fauibs i|pt amounting to diore than ^cn poundf. 49 AH CON s Tx T x}r\^ H/xit GiKd't etx? ,-^ **« 47. All exebutlotM 03|cee^ng {iv« pbnnt iii the Cftfo of a court merchant, ihall be iUyed, bntil the ilrft Moqiiay' ik M«rch }prtavUedfe«»iviiy be given for ii8. AU the cofis attending any action in the fuperiof ttAiei fliaU not exceedTthe rfum «»f tlu^ee' ponndc, and Chat h6t«u(e'bip allowed to depend in the fuperior court lon|er thou t#6 tHrfiil ^ 40* £vicvf <«ifii3tr ^f iht mtitt &ali be liable tabe baM tA*ic- cowBt by the houfe of aflimbly. ■'^^'' 50. "hvtty counry^it ktep thepu^ljc records belohg^ing to ffid fame} and authenticated ^.<}f the feveral tetoird^, now iti thjfi pdTeffion «f chiS'lbfte. Ihailbeinade'out, infiU depoTited in 'iUii county to whM»th«ybriong. ' ;nci n.-c. ; /.dmiIFi 51. Eftatesfliall not becntailed, and when a perfon dies intef- tate, his or her eflate ihall be divided, according to the a^ of diftribution made in the reign of Charles the fecond } unlefs •therwife altered by any future z&. of the legiilature. ' 52. A- regifter of probates fhull be appointed by the legiflatii're in every county, for proving wills, 'and granting letters of adminiitration* 53. AH civil officers in each county fhal! be annually eleded on the day of the general eleAion, except jui);ices of the peace, and regifters of probates, wha ihall be appointed by the houfe of aflembly. 54. bchools (hall be ere£ted in each county, and {iupported at the ceneral expence of theilate,asthelegiflaturemallhereartcrpointout. 55. Acourt-houfe ;'.ad gaol fhall be eredled at the public ex« ptnce in each county, where the prefent convention, or the future &gi[flature,f0iall ppii« out and dired. 56. All perfons whatever ihall have the free exercife of their religion, provided it be not repugnant to the peace and fafety of the Kate i and ihall not, unlefs by confent, fupport dny teacher, •r teachers, except thofe of their own profe^ton. 5^. The great fcal of the (late ihall have the following device ; on one iide a fcrol I,, whereon ihall be engraved. The CtnJiilHtitm §f ihf State of Geargia^ aild the nrottOi Pr» bono publico ; on the other fide an elegant houfe and other buildings, fields of corn, and meadows covered with iheep and cattle ; a river running, through the fame, with a ihip under full fail, and the motto* Dtus tubis hat Otia fecit, 58. No perfon ihall be allowed to plead in the courts of? law, in this ilate, except tbofe who are authorifed fo t» do by the hoMfe of aiTembly ; and if any perfon fo authorifed ihull be found guilty of mal-pra^ice before the houfe of afllmbly, they ihall have power to fufpend them. This is not intended to exclude any per* ' fon from that inherent privilege of every freeman, the liberty to plead his own C4ufe. CO. Exceffive fines ihall not be levied, nor exceifive bail demamM. , '60. Tm ^ CON1^T1[*][JTIO» or OEORGIA^ ,,6p.Th« principles of th«B habeas corpus a& ihall bd .|>are of ^iscQnili^tiofi. . i' ■ .V ^ !. ':..;•„ ■,.,■■ ■',■ :' : v'.-- ■;,, ;. 6i. Freejl)i>in^.(he pne/s, and (rjal,by,jVf7ilo MoMtin i|ivjo|«te ■,j f6^. :l^q,9tienryinan, of aiiy denomiaatiQii* ibaU be allowed a - )§3' ^^ alteration ihall be made in, Ibis iConftlCution without petitions from a majority of the cquptijPSi: and the voters in each i^nt^y within this ftate. At whiph tjme the aiTemblyAall order a ;f»nvention\G)>e called for that purpofe, (pecifyitig the altera- ^li^s to be made, 'according; to the petitio«is: preferred^ to the ulenibly by the.majority of the counties MiA>reAidi/ .W'fVi; ' i . ' . -I . V -t)*-* .^ ■•.. ■.. .<■ .iHij"Jj.'; TREATIES ■'V :• ^5I*?M-0t?'^ lit ©^KT^'tSfSiH^KiiiV' ^'^^^ W Natarie* jTd ill who ^all fwntheto p^cnt^ Greetings' tjf^J^ltiSwgrett^ thf tkrte^ unhid JlaUs tf iftrth-Anmicai ifliiri ifmm\mM 0imiitHamdjfmupm^ ■ fiRjI^l f9Witf witbiut contmvttting it in any mamttf', tr Jufering X ' ■ ti 154 TREATY OP A,MI T Y AND COMMER CB. it t§ hi e9ntravtHtdftiranjtaufti§rundtr4imfr($tKtvihatfotvir-, CMvtiJil«ndtikh0ngtdU tb* titJnbtt JhMbt •tnimMt, Pw Juch is §ur pUnfurt, In teftimmf vaktrttf w* htm btrnmU fit %ur fiaL Dmt tit VtrfiAU«$ytm mrlUthfiaf'%fjM»0ry^ in tht ytar of sur Lord ont thaufakdfivtH bundrtd andjtvitttj'tighit^ and tbtfturtiuar ^ (Signed) j4 / (Underneatb) fiy the King. GRAVlERd* FMRGENNBSS, $ ■ r, ' ' . . . ' ' . SQa^ thMri^ieeinn»j;;^|ib«id«vp^lbA ikii«t,:cSMiiiiefGe,«hi»^ 7n%i«r nftttTftdpikiirhici|it4bdlM|i^ •t ilt^l«tii^» «hfr «^»oni|a«pwttoip»tio«'t)?tWft Vie#fi Ihac hiftfiiid inaic^batinffvAsiUed jpiid«apMJinled'vlm<^^^^ ^potnitiarjr^ %^^ AU^t^^J^k^d^ tfsfiiifmA^xm «.- . ■ ' f i ntirid icttngiifl, irn(r^prmstf^W#c^vMr;r. ^h ■;(?■■ .^;::'^ thiituriidHaK)a#tH«mdl.^^rt^ ii«dVfMfatd uAited ft«*r Mtti^pii^Ie^i^M 5f ^iry de4*«b, Wfchodt «^d ttiitt fc ^feife^uil^feWr^ :^<^'^, 11iink>ft''ihrift»BiiS Hib uim^9 %atet tngiige ^litualtf nai^1b <<^U ierift^^ ^vour rr^fy^' if the^JMhceficM^^iirr^iblJf^ikdei^'^ dHow^^ the fame ^*'^**'* *****'***'"* *' ' »h» oy^woaimw ii»«'^'-«4'i i ■ • > port9| itAit^ watesi' prtmw tn«m;*'Jtaf'9jtiirr pr ereater out^^s or m* ^i^WwUtjAmrtt^tiim'my lie. otV W^it natne fdevei^ k^ »ii«i'tllf2iQ^%i^H W^naRd|iiitt(<6$ce^piibns ih Ci^adet nav^gition(ir^ mmtm^ m^het ^^pm^mneiitfoftin the f<^d Ames l^roid fiN^Se^iiy^ o^#Wi»it%aiyr^<^($^^inlH ities r% an#i7M'MAA9i«j'^WoBl<^(» 1<>fi I V I I ^I^Tfr|:;AT«,a» AH^TfT^IW^ op^lifliiti,, / equivalent in the (i|Mie c»(e^ , Ipnginij to tiunt> «t4ie f«M uf|it«(|jji»lj^^ or wi|r^.|^«ip, |ipd.hoId- ^ftgthfc fMie coMrfe, pr gomrffe^W WW,«»4%M,i!e<^^^ ^H<^» feflTeU, t^longM %rlj#»eAmf ^tt!^^^ Pf.^FW/«f??o>wMr, fgainit all attacb> 1^ oj v Wenf^ 4n, thafyp^ti.mimf 9* % OJlJtto prpiiea aii^Miid.K^.y#|| 5^^ tc^,|i^,fi^^l r A/- 7-|n i|k«iMiH»crfiif J||^.|ij^4^ Of pr AUS¥f pf .mfffftccajK,!-^ . the regcncjesqf .Algiers, Tu|tisf^4^i1>MWly» , «RoWM»i J ,«^*IWjWW?ftf*^t»^4 J!WRg,iedane]Gai}pt4on iofeM r,f,4/r/, l«, X^Unitfd ftate«,th«ir citizens fn^finttabitants^ dial 0«ver di(luib^||i«.^IMs of tbe.pnc^ chriftiaa Jeiha . i;i thf tniov-t p«nt 9m)^)(if«^ 01 tW right of fiibiht <»» the : huiks of N«wi f ^il4liipd»< ««rJii the. indefii)iftp^^:fe]|olMfive fight whkh hc^ IPAgi totl^en^ Oft that part of the «oallo£ that iaaiid. which it dffr ii|Md hy the ineelY .of U t^eobti ; iioTi in , the right; iisUityo to iU Md eachof tlM-ifles whic^ beloi^ to hie moft4:hfiftiii« ?ijefl^ fht whole oenk^nnable to the if iieJci|i<^j»f t|ie^rmti|)i of jU^jedll .r^ri. ii;,Thfifubjeat «nd ii)h(kbite»iiti)f tl»eiM.^nitesA4hiti% !»r any of theiii« fliall not he itpwied Mmm m fiaipm*i vii tmf equ^tly (ha}V be exempted fmi^ fii^ Drnttt^mmiM oi^Nf fimilar duty» uodec what iian>e fqevfir: i tht^. mifj by ieft|tneiit| (dbliatiom or otherwifci difj^e of their goodly aiMiV3eebb«M -^m llMMTealAet in favour of fuch perfens Jt»to>thini:ilMll,rfem ^midft Mldiherr heiffi Jfiili^i of theMPflilftai>ea, reAoingl Whether jn pMise or clfct^h^re* may fiiooeed:th0i!)t» «ft iaf^#«» without be* ingK^liBed totpbtatn; letCBra of QatiimMffltion, and wi thout* btfvutt ; |hfijdK»$ of ih^e oonoe^loii oontc%d or impeded» oftderpcctewtof' piiy rights or prcroigativcftW provinces, oities, or, piiv,aie^perfons i and-ihefaid heirH Whether fraby particolar tiil^ or «yl i>i|^<94 ^IMexempttd from the duty «alledi>r#^«l!rii^4iAriiA^QJt Other dutyof liiftikiQe^^^iitivl ; fi^vinjg nevertbelSis the kNiaiiklitti.,^ idtttics« as4nttel|3«nd as loiig mfimilarones.aronot efttyMifted' ky Miednlttd ftatfli, or jmjt of them. TM f^l^e^s of ?tjhe: mift chitiii^anxiiigiilaU enjovion their part* in all the dosit^iioiisof^he fhidiftMes^ 4n^tisiAM^rp«rf^ iieciiirooity, r<^ ||t»»n8iauit>ineti|fl^ttiMifH9n;(iMi.4'i* iWhkmi^l^^Mpi^^ otthntof .tb«;,>a[ti«iji Ut^lli by ft fc^kaatepHinoiiiUkiiihi^ CouftfcacM th^ fim«, hviti tfwaysas welli«hem^piif^lf»i'«s'^ other goode Ibvrtid thteteil^ which by this treaty are to be efteemed free ; neither may t)kiy>b# detained orfpiWdnce of theft- beiitgai if «l^re itiifeaed by the pro- ivibited goddiv^rtuchlefslliilHhey beconfiTcatid a«h#ful priKtff but if iAotthe'«^olecai'j{oibut;6hly part thereof (hil^ confift of l^hibilled o^ ccrtirtrabahd^goods* and the cMnmaBder df the'flii|i tt«ll be ready end wifiing itf deliver thetn to the titptor #hO'^u#n«^4. O^'che centrarijNtis agreed, thftii#iiiiicver.bft ^umt>tobel»den-by tlfe fubjeas a^ inhabltantst^ of) either pprtir im ^ait^ib^fi toldnging to theeiiemiet^f\the>«cileiK^rd« iirid^ iiierQhim»^>«eeil liter fiitH ikthrMl9liHi>if^ye^t^tft dime Without ;|nwli^)dir«io{»ifu6li ife^»dtibn |»lbrUM([;tiie ^dodgof ih«jAfbj«iitr Aedtt^ }ii^ty^''>ii«)leiher'the^ be ioftW.nwdfiKktfa linabi^m ^tohibitedior belonging to*air ■.. (.,1 .tfc t». wrfe I 'i«o tkrAYY Of'ak4iTY AKD COMMtlCi. »»w !fw; jpyfrt :**)?. wff lift w»)f^^<» ihy let or hindrance. , , fy;,^ j. ,,,jft„ ,;.,;ij ■^,^,. rtv,v:^ -Vp.UiK sVi^n i*M«M #k««it AV art V iniiiinf Im> nnnii f»fwi ■ritnin thai iwim .fl^i!S& OiWll %wf n^t Of ««wn«?'»«FW^™^m%P |of the fai0 united ftaie$>.. vmo .bavexonnmimoi) from any oUm^ prince or ftate at enmity with cither' nation» to fit «threir jGbupt Ilk the ports of either the one «r the ether of the afdrefiiMl 2 partiesi^ parti^Hiofcil wht$ iW W l«Mn, or in niif pi^wriiMnriwiwlMlw j^Ul^frMf^ bejMloiifJLiem tp pmk§(p vWftu»U, «kc^ ruf feM tm l>f^W»ff»7 /pr tHjUMT fping 10 Alpf lie»t poet (rf MhU 1*^/. *3» JMWU>ti*wfia romllwid ftngMlwr the lu^Q^r/i^ flM^o|c^rKf|eSi |rbfr«f %R*fe^ity frpn»|hp!p||#|f,|K)ftMMi»M^v«wf t>lie,«^f place belonging to an enemy to another place )i4fmpAgii^m a)ipsMl9lfi»MKf !»f«?iRi#uKMi. «*fi ^hHmtfyitii^m wail bf i4iefm«A^ ffie lod f^rNmt Maio4eiw>4«i^wgff|iY«yAi^K£^ fctifalfp fgfc^ i|>M)6ei«#ni|Cf» tbaf ,t)M faiif jil^iv ))f fi^n^ed tft ffrfg^ i^ ^fflmkmiJl>^mmp*^ mh \^m^ «h»t fft^Mgi^ t% llf fnei^i^ IP Mlp pr^itWilwriy» iW ;jmfl«lb^«l> «i»IWft .^W»i ^(t^%t frRf.C^^p, ,Mniefi !*py^fw fojd^p ;^J|ii^i*^.,^i(K>?ft;-|»t; |hc enemies. ^; ,,.jj/ ^ Y-; -.nJ-'m' ;:.>|l'0^.iJiV•M;JCIi 'MI'js'ioV' ,j ^r^^ ^.TWll JikMty iW-jnilVigtit^ An4 c<^pwaer^f.ftflU |(X|M|I, Ko f U liwf* pf intfcba;»jl i »n4>uiMlflf,|hiJ*eain« p^^cpiv- friOi^ f»r pr^hl^ited gi^s jQwll kn <;qipprih«»|pd>rn9#, giw^t guAf, b<^^t.wi|h t>eir/M£$s«n4 pther ihingt belpinging t9 M>ei^> i^«i|ltP|i bill, gHni-powdjari mwf h, pl|cwt.T>vHf » !?»«««» fp?W*. MN(}f»,n^t^r^ petards, gffp»4»ps» faUpetr^.inuflca8» .i^^tftpt- ^i^|,,bi/Ljcl^r^ MnictS) W?»ft"5p|a|6es. coats p^ iiwfl, aM ih© |»|t;e kinds pf ^fw^' prpper for (Orming W'mh 9»mW^ reft*,, l?i?||f , bPcM MT^'^ l^'^^V f^rnit^fea aini all qther frarlilte i^njftru merits ^atcvef. TMe fner^hMndiees wbich fpllow flif^M t^ot b? reclcpp^ ;f4 ^nijong cpp]bral»^4 or prphibited gppds t that,i«^ tp fay, alt forts prplpt^fs, |k]AdaU<^l)er.in^u^Mre8 wovep of apy wool, ftax, ^Jllf, cpttqn> or my Ptt^W n^sWi^ls whawyc«^> aU ki4^ds pf w«H"»)g apparel, t<»ether with ^-.fpeqie^ wherepf they are uiH ^tp r lie B\ade, gpldmul filvef, fiitV^ljl cpiijcd as iipcqipec^, tin, ijrori, |atteh, cppper, brafs, cpaU ; as alfo wheat and barley, and any ♦ Y * Ptber 1 t ft^^eiii'raUed and Hf^ofaktiii fle^i, l^lt«dm;< cfi'eereithd%uta&;%ib'er^ oiU, winesi fugkrs^i ahd *H fl)rt^i6f Ta'^t'dV'ihd^ih'^^flfl fibtts Which ferVe>foirt!K6 houriihin^of inahkfnd'^hH ilM'A^^ ihihfs ptopcbeMkii f(u buiJdMgiai'ftjiir-trigihipsi ahd'fir (^th^r g^^ vHl4t«ve^#hi#hl)(aWilotbk^(il^ the fbi^m bp^of lA^ fi^tiitAt or titiif^W^ared Ibr ' wai^^tif lalfid or (bij^'lMH iKIif • be t^tiiited ctfAttab&tfcfl mvith U{sMh<^»>hk}ftbe»/iii\¥tti4y Wro«|;kt \ib' jfdi: % othV 'ufo; all of 'Whidi mil ht wMtyi^^kbntA iiiMphgt^e^ goods i » l^kewifi^ilt^dflii^r liwrchandM^'iA^ tt^tf^ Which' at«|i6c-<^bib^H6'na««^d)^^^^^^ ^ditgocrig k^n«6)ratlM|C»f tbhtirmud^^iH T()tte tAiy be thih1^md«tii;l) eslft'^d ift'ttoii'frieil^ftailiki^ ^^A^eratieleiTI^ tb^^Uce^tMili^Agitig^^oiilh cA<^*]^^^«h-«6Wiis b^ 'bhc#rbetn§id^iy exo«p^tt^Iai|ii«'ifC tha^tiin^lM^(|i;ge<), blbclted ^iy b^ iVbtded kti6 pUsf^ti^ 6k dhcli^ and mi tkm^^ mi kgiktd^ 'ihat uiciTt^titfbtF bf tU wkm% hi^^Oft»iH(» be'«li^a^kih war^ fhfe^ihiFJ ihd: Vfeirclft'^beltthgin^''t6 -fH«*ftfMias='d>'pftfjae Wf the other ally Wuft'befMlhedWiti^Te#)«Wei^'di-]^k^^^^ ay ap^4i> tlie^% khat the^^Hii^rciiliy \ti 'ihe fiib|eas feff one of the'(>art«tt,tW<9i ^prfOfp««:t ffiiil(^6 tiwie '^ and j^anted'faccoiNing to ehefbr^ Mh^ MlM'iMwiktM^ recalled ev«*ry y«er,v ifl^e is, 'if v|h;^at)|r Hippeti^ to return home within the fpace of a year : li: is ||kewife ajgi^ed, %»'(bch iil»tp§i'l»«rirladin!ai^ ptifis at'ibbv^ihdHtidned; but ^o^fi^^^^^ tlleteVeftil fat^iukra of the Cilgd^'lhe t>'a^^ ^*^)i^eifie ihfg failed, and ^Merih^ is boUhcfime^^^^ •anyfoirbiddfen or'c^nti'abar^d^obds' WbW^dai^ bfmbe^^liin^, ii>bidi «^^iiicat«^^4ll br made out by Ih^Mofficers: of itli^ |:if«^ Wheilcfe |Jitf ih^iirt fi»J, in «Hc accuftcmed fb^^tj'ind if «rty^y ^any privateers, the faid ihtpsof war or privateers, for the avoiding bfany^f(5td%c,rOiilU^mAinit8itof cannon ihot, and may fend their boats on board the merqhant (hip which they ihall fo meet withfJinU tftaJFiCAieifihcSFxtl^th^ number of two or three, men only, to .whom the mafter or commander of fuch ihip' or veffel (hall exbtbithiKpiirpdrt cQnX:$r(Ving ||ie property of the (hip,, qifi^e out according to the form inferted in this prefent treaty ; and the (hip, wheq^ih^^AiAll haVe(heM(ed:fa^h pafTport, (^all be freearjd a||liberty topurfue her voyage, fo as it fliall hot be.lawful tomoleftorteaich in any manner, or to give her chafe, or to force her to quit hdr in- teh^d^dtiffbi>H .1 A -.xt. ^:y': . .■,' ■ v.: ; x\ vlh^y :r ^^ wtc \ , jtfrfi ' i^V- it I9 alfo ' agF(ii$d^; that all goods, wAen ondk pwt on board the (hips or ve(fel$ of either of the two contradin^ parties, (hall be fubjjirab tono further yifitation,. but alLviAf^Oh or iearch (hall be made before hand, an^ all prohibited goods (halPbe ftopped on the fpoti /.before' the £imf( be^ut on boards uhjefif thcnieUre tnahifedl: tokens «riprbo£ito£tt>.r (hall be prohibiited, and who flwU^fiteftime to ft|l «r alifeiMft fuchv'ftii^t luf f^q^i ihaU be duly . i^r'Jv 3t^ The tWo contracting parties grant «iiuii(ally the liBerty of haviD^:each riiiths:|)prt«'fii£ ^thei .other, cbnltilsj vtce-iCdhfuls, agents »nd c^roifraricsy.'}V^«& Cuh€^ohs (ball ]^L£e|;uKiJte(^ijby.Jii= ,|jaiirticujarjae^ai|enirU ni lyns .irs- ,^;.si|^ ri;!»v!'5i Kf./t^s/ritritl>"p <4r(uiaoniiViid:she7moie'l^ fivour and facilitaM^Hi'cdiinmerce 'Whichstn Colije^ls c .cJkiB(uiKilit4 (iatet may' havi^iwiihrFrapce^ t)\e -moll duiflfianikingiwilligfiinl tthein i^ EurDpd one'cir more/iiie ^ports}-(wt»noihity rarMyibdAgffnd difpofir of ^adli^ihe prodMCe;lQd ! taM&cbih/iisKd of rithe |htcte«iimniteili mtt^s ; «fi^ his imaje(ty will talfoconthiuetolihr ''ubjc^iq/ th«'&i4iiWites thfc^ree p^prts whicih have-bteh iand arejopahr/in:th9 French iflandsl^jAidiiuica, ofriMI $]«fMcK>lin?ef«u-ts thei £e'id < fubjei^s of; the ufW^j(l|ites (bal} - .«|^trins.i.^he prefepk tr^tyiliall be raii/kll, to-^th fidiesy and the ratifications 4aUJiej»xfll^finfeiiii;t^.|p««bo€fiXjQM»t^ jfconidiitftpoffible. ^ W'^a^-V yrti. •Ir Faith WherHo^ the refpie£live pienijjotentlarics have figned the aboVeV.rticles both in the Frehch and Englifh languages ; declaring, neverthelefs^ that the prefent treaty was originally con.pofed and concluded in the French language^ and they have thereto affixed their feab. 8tPih-HiifdndaiiiStvinfyk£igl^i\. '■•'CIi.-Si> •Ci >#» G B R A'R D, SILAS D>£jiNE^ A kT HV k LE^, r^ Form of tbt PaJfporU and Letters which are to be givfn49ibif SJ^ I Mtf Bxtrqms hecoKt&itg to the Tfiafmt%\fifih AiftitU of ^k Tr:'•'■■ . ■ . - li^ irhifrbby mack kniBwn, tbst tesvt and permlffioir hat: been f^fitMio ^nwftei^andooiiiMNmdei'of thcflMf calM ' of thec^Mritilof bttythdn toii» dr'ChcreabotttSv lying ai pf^fmc in the pmt andhsuieii of tttud tKftund ibr /'»|m^ - and laden mth AfrerdbJN this fiiipthkifcheQii yiificM^, aiwibsrort failhig^ hd*flil4I:mkte0atib^aitc tbcoficttreinlwihatic the.jurifdiflion of maritime affairs, that theiaid: ihtpibeldtigs to oi^ 4jfi mdrto ol: dic' fM4i^a« »f ' tHe a£k whereof .ihaU:b»ptirat'«hNlend of thefe prdftatii as likewife that he\«ril >ki(i0p^'8i(a!5au be kept b)il ,hi«[^ w6b' %iXi fee; t^eft prefems», Crrcetinl ; nUT.. dfifenmirm '» cr^Mdtthifa:4 4tllimcfi. for thrft ctfvJ[etand^h!ir*$§U C9^mm* thpr-itp. ipovipg, tfity repfi/hg ft^ire cmftJ^ in i^ c^dtjt ' and experience^ ictat and fidelity for our fervice^ ofour.dt^fln^,Mot4if Ggnr^i Alttxaodej: Qecard, royal Jyidft.fftJjec'mi^M^ flf^iHiryofourcciftniilofJiaiA, have nmiipmif^y comm'j^iud^^^^t'^ ^ifkH^h'fipK^W.Jk^ P^*^ o^'" k^nd* <^'* nominiaey conim^j^ tift._ depute him our plenipotentiary ^ giving him power and Jteaal^egf^^iMii^, to/f^ in this ^Mf/ith f^^ ^o^f^^i ne^odifte^ trefit andltgree 'co>ijotn/^^ T^ii^ pie akvemntipiiy"0n^^^^ if the uMWdJlhtes, inv(/l*d ini^elike mariner wth pmers in dtii fkni tm dktetniin^i i9iitlt^'aiiS Jtf^J^ch articles^ cdnMtt •u^yiever 9ur ja/is? dm midhiloved Ganrid Afexittdei* (a^ep^r^^tf hp,ijt flipt^iadeiaritfimd:in viriui. oftheprcpiit pobfth'; hviihdut ei>tt* contfatuHmgiiyCirJf'dffe/ingitjto he coti'trdvened fiH- aiij cattfi-iitdti^im aM pretext tu^atever i aiTtkampto caaJiour4eftirsoffaUjSiBiMtaif0 rhqat^fti du^ fortUr °^^ to ht^Je them- dtHvered'in erdtr tvoeeichlM^d at the-[iime'thdi^.'l iff agreed upon, Br Jinh is eitr' ptidjk^ei M tejiiiMny Hu^ertif w hetvt fit oAr f^P to thfii prifeHU. '6i)ui, a$t V^rkil^es, i^e thirtieth ji^^ of the month Janwiryy in the yedftf grgH^ Ma^imfanS3UA hudM and:fheni^,^eip)k^ hfoi^re^. II tv .v4 " a^'Mi L ^ M tM tttATY pM i^LLlANCE. 'T •) Sn^: Xai^- e, ^ viTr %a ;• 'c THE Moft Chriftian Ipng »>)4 «be Vp*t?i:/fat" of ^Torth- America, ie w/V, New-Hanipfliire, Mankchufetts-Bayv Rhode-Jfland, Connecticut, New-York, New-JeHejr, Pennfyl* Vania, Delaware, Macy'^^"?.^*. YilTg'"'** North-Carolina, and Georgia, having this day concluded a 'Treaty ©rAnvity and Com- inerQC,,^or>(ihei;epiprdeal advantage of their fubjfids and citizens, hayt thought it neceflary to take into confideratloti the means of ftrengthcning tbofe engagements, and pf ie^^deringthem ufeful to the fafety and tritnquiliity of t^e two parties ; parrtrt'ul^rrly in cafe Gfcat-Britain, in retentment of that connection, and of the good <;iw^refpondeiic^ virhich is the objcft of thCf faid treaty, fhouI<} brqtlE^ tKe peaC(frVith France,- dther by dtre£l hoftilitieSj pr by hindering Nier commerce ahd navigation in a Aiannef contrary to the i4gHt»^ (|[f iti^tibris,' and tlie peace fubfifting between thetwo crowns^ And his mijcifly ajid the Aid uhieed -ftates having reiblv^ in that CJife^' tp jot A their cbtmtils arid .^rts againft the trite^'prizcf; of theii" commpn'^;^'^!^'''^^^:^^^ • ■ • ■ . '^.^ .y.,i.v:\. ■ ■: ,, Thcrefp'eMVe plenipdtentiaries impowered to ton^eft t!^ claufet^ 9^d conditions proper to ft^Ifilthe faid intentions, heve^ after the « 190ft m^ur6 d.elib6mion> concluded kad^tfetecn^Md^rthefol^ ■lowing- articleiv'^ •-;■■■ ' '' ' 'X.;-. ■■ --.-^itw^v^.e. ^..iv^^i^^^ Jrticltu Kf »,,fltfr fnould bre^iklout bstWeSiri tf?iice^ P*B4t;^^ Britaio; durjng the continuance of tne, plei^nt war between thtir «initcd<.ftj|tc^,'9l|id ^ligland, hb" inaj^y ao<|,the'fa^d united ftatet iilliUasakt\t^? common caiffe, ^nd aid eacH^pthe^'inutuEiry wi^li their gjqp4;-p$ce$, their counCelvand their forcps, accord in|f to the eidgcfittof^ppjundturesj as becomes good and faithful allies. %(|rA 2r ThpifiTentiai an4 dirie^ end of the prefent defehllye alliance is, -to maintain efifc^ally . i\i% Jiberty, foyereign ty, ' irtct ifldepe{id«nce.i abfplute aUijt'uAUniited, (^f tlie (aid united ftat?s^^a» welUiikhicih belfbrit thb treaty of Pawift, in; 1763^, or in virtuts^of thkt^reaty,' wei% ackn^i»)cdg«dtobel^nrto;<(he cGowit of Great-Britain, or to the united ft&tes, heretoiirtilay^(iWri^ their atmsj' untii ' tw'imlep^ndcnce 6( ^the'iuwited ftateilfhart *a\«c b*en ifbrdally^iW >«a«f?i!ly • saiTurcd, /by^ thef »talty ior Ircati^s rf&wflfaU , terAiinaiethtf'-w^.i ^fis ,''j::';jj^;ifil ri-jftr.-l srit ni.bawihn^ra ' Jrt. 9. The contra^c#iib .«feAJ^ .the ;4»i«fti* tntftx ; wf»., anttiiY '7r--y ■: 'h'.i- I', ■..'V. :4>/r'.'''tui:^ ..n ."> .a ii"i. ;;:ii:r ii I'i'iA m •t,»i» './,',■ , •. ^ ■^'''t i< ■ ' ■ .' :r /:t- h:',!,;?'' E N-, %,.... ' ... •-' ■< '■■•> f'^'-^V*^'- .'"f^,-''^'''' ':!Wi''V','- ■ .!><«.''■. "I 'i a3- V." HiiV,' . . ; . - ..." ■ » ■ * ' ,' ■ ;!,-. ;^ 'i^. T