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' *■ ■ ,7^0 WHICK A&l WCMir ADOSD, THI • DECJlARATION or RIOHTSj THE NOisr-IMPORTATION AGREEMENTS A N P TH £ PETITION of c6i»l<5RESS to the KING DEXIVERBD BY MR. P E N N. WITH AN 33 ffi- A P P E H D I .M vV CONTAINING THii ^ TREATIES BETWEEN HIS MOST CHftllSTAN MA^ JESTY AND THE UNITED STATES OF AMERICA; THE PROVISIONAIk TREATY WITH AMERICA ; ;;tA8rn iW^-^ 9mi{it?F^''^^) AN AUTHEKt^C dQl»Y d^ T^i ttREATY CON- CLUDED BETWI^EN TtiEIK ittbll MIGHTINE^- SES TttE Sl*AT'ES43»i|ERi^L^' Aj^1> THE UNITJ^^ STATES OF AMERICA; b ft THE WHOLE ARRANGED, WITH A PREFACE AND DEDICATION, By the Rev. WILLTAM JACKSON. LONDON: Printed for J. Stockdale, in Piccadilly. 1783. I Si I >J f • •• ' • 4 < A' • ••••' « ••• .* . • • • » • • •• a « • • ' • 1 ••• « • • f. • C O N T E N T S. DEDICA'tlON Preface American State Papers ; including — Declaration of Rights ■ Non-Importation Agreement — — Lafi Petition to the King Page HI V • • • 'Vlll ibid. XV ■ V Declaration of Independence Atticles of Confederation and Perpetual Union ie* tween the States of New-Hampfhircy Maffacbu^ fetts-Bay, Rbode-IJland and Providence Planta- tions, Connefficut, New-JTerk, New-Jerfy, Pennfyhaniay Delaware^ Maryland, Virginia^ Nortb'CaroUna, South-Carolina, and Georgia tionfiitution of NeW'Hampfiire Confiitution of MaJfachufettS'Bay - Charter of Rhode-lftand Confiitution of ConneSlicut - Cohftitution 0} New-Tork Confiitution of New- J erf ey Confiitution of Pennfykdnia Confiitution of Delaivare Confiitution of Maryland Confiitution of Virginia • - 10 30 36 X06 iZ^ >39 .166 179 212 a35 280 ConftituticM CONTENT S. C$nfiituthn of North-Carolina - 291 Conftituiicn of South-Carolina - 314 Conftitution of Georgia - - 344 Treaty of Amity and Commerce between his Moft Chriftian Majejiy and the Thirteen United States of America - - 40 1 Treaty of Alliance Eventual and Defrnt/he between his Mcji Chrijlian Maj0y and the Thirteen Unite4 States of America - ^ •> 43 1 appendix/ Treitty of Amity and Commerce between their High Mghtinejfes the States General of the United Netherlands and the United States of America 443 Convention bei'udein the Lords the States-General of the United Netherlands and the United States of America concerning Veffels recaptured 463 Authentic Copy of the Provifional Articles Jigrud at Paris^ Nov. 30, 1782, ^y the Commi/Jtoners of his Britannick Majejiy and the Cgmmiffioners of the United States of America •? 46^ A Lift of Prejident^ of the American Cotrgrefs, or- ranged in the Order of Time and $uc€(ffipu 473 PREFACE^ ft \>' I ■ * l. I I ' "" ' r. . i . . .. mfmm • r T O HIS GRACE ; * . THE DUKE of PORTLAND. My Lord, THE Conftitutions of free States are fafe in the hands of a friend of Liberty. No difpofition to alter thofe facred records will ever be dif- qovcred on the part of your Grace, The political principles cheriflieH by you, are favourable to the rights of Nature^o the happinefs of our fpe- cies ; and conforn^abl^ to fuch princi-r A pies, r. D E D I C A T 1 I^. pies, your Qrace*$ oondvd h^^ been amiably (^ntcrefte4, ^i|d ezetnplarily uniform. Beloved for a benevolence qf nature, revered for integrity of fentiment^ Your Grace muft expcft that eyery per-, fon of honour in the kingdom will be warm in your eulogium. Howevisr you may fhyn applaufe, yet you can^ i^ot'belp dcferying it ; and while good-? pcfs of heart fliall extort eftecm, the DuKB of Portland will command the veneration of mankind. Fbr the benefit of 4 diftraacd, if no| devoted Cottotry, it muft be the wifh pf the moft refp^dabte chardders, that Your Grace fiioulid long continue the leffedive admiiniftratipn of public affairs. The people at large are fo thoroughly convinced of the rectitude of Your Grace*8 intentions, that impRcit t^onfi- d^Rce is the tribute they moft chear. fully DB Die AT ION. Mly pay to your virtue*. Plain fenfe and common honefty, my Lord, are perfedtly fatisfied : It is only cafuiftry, iceptic^in, and difappointed ambition, . which propofes doubts as palliatives of rudenefs, as expufes for cavil^ or pre- tenfions to cenfure. I have the honour to be. My Lordy Your Grace*s mod obedientj and devoted fervant, WILLIAM JACKSON. LymfshH, Ma;Bf 178J, * V r- 'S.-W f I • • • ' n P R E F A C E. n« ■nj A CORRECT Edition of the Confiitu- tions ot the Confederated States or *N6rth- America bein^ propofed» it was judged an objed of utility to indorporate other au- thentic papers relatively connected with the fubject. Howevcf well-inforrtied the prefent dge may be, poflerity will be curious* to exa- mine, not only the code of Continental Law8»* but alfo to trace thofe progreffive Aeps by which dependent Colonies afcended to the rank of Sovereign States. To aiHft impartial invedigation in this particular^ a felection of the mod confcquential records is fubmitted to the Public, difpofed in fuch a ieries. a^ to bear the mutual relation to each other of caufe and effect. ' The Papers now exhibited acquire additional importance from the recognition of the Inde- pendence of America on the part of Great- Britain. All offehfivenefs in the matter is ob1ite#ated. What was formerly treafon, is A3 now VI PREFACE. no^ juftifiable afTertion; and even the famous Declaration of Independence, fo pointed againft an exalted Perfonage, is no more than republi- can complaint furni(hing the ground-work of fovereignty. Offended with Royalty, Congrefit renounce allegiance ; and, confeiling by im- plication that the offence was well-founded Majefly fan£bions every iota in. the Declaration of Independence ; generoufly acquiefces in the ceivfifres it contains, and deigns to confider the ^^^or^ ^$ the fovereigns of an extenfive em^ pir&! The annals of Chriltian forgivenefa cannot produce a parallel. H With reipedt to the American Cpnflitutions it is obfervable that they di£Ser in many partl-^ culars, fome participating more, others lefs» of the. nature of a pure democracy; but they are all valuable, becaufe all favourable to Li-*, bcrty^ The Legiilators feem to have been fe-^ duloufly attentive to avoid the defe which began iii tyranny, and ended in the unhappy difmember- ment of the empire. By a retrofpe Refolved, ». c, i. That our anccftofs were, at the time of their emigration from the Mpthcc-Goim- , try, entitled td all the rights, liberties, and immunli ties, of free and natural-born fubjeds within the realm of England. i Refolved, ». c. 3. That, by fuch emigtation, the/ neither forfeited, furrendered, nor loft, any of thofe rights. ■ . ^ ' o ' - Refolved, 4. That the foundation of Englilh liberty, and of all free gover^ent,.is a right in the people to participate in their Lcgillative Cou^il ; and as the Engliih Colonifts ai?e . not reprefented, and, from their local and other circumilances, can* not properly be reprefented in the Britilh Parlia* ment, they are entitled to a free and exclufive power of legiflation, in their feveral Provincial Legilla- tures, where their right of reprefentation can alone be prefer ved, in s^l cafes of taxation and internal polity, fubje^)Only to the negative of their Sovc* ^eign, in fuch manner as has been fieretofore ufcd andaccuftomed : but, from the neceffity of the cafe^ and a regard to the mutual -intercfts of both couft* tries, we fchearfuUy confent to the operation of fuchi Adts of the Britilh Parliament as are, bondfidif re- ftrained to the regulation of our external commerce, for the purpofe of fecuring the commercial advan- tages of the whole Empire to the Mother-Country, and the commercial benefits of its refpedive mem- bers, excluding every idea of taxation, internal or external, for raifing a revenue on the fubje(5ts in America withput their confent. Refolved, ». c. 5. That the refpedlive Colonies tre entitled to the Common Law of England, and^ more efpecially, to the great and ineftimable privi- lege of being tried by their peers of the vicinage, accQrding to the courfe of that law. F efolved, X AMERICAN STATE PAPEH^ Itefolved, 6. That they are entitled to the bene^ fit of Aich of the Engliih Statutes as exifted at the tim^ of their coloi\ization, and which they have, by experience, refpeftively found to be applicable to their feveral local and other circumftances. RefoWed, ir. c, j. That thefe, his MajeftyV Colonies, are likewife entitled to all the immunities and privileges, granted and confirmed to them by Royal Charters, or fecured by their feveral codes of Prbvincial Laws. . Refolved, tk c, 8 That they have a right peace* ably to afiemble, coniider of their grievances, and petitioai the King; and that all profecutions, pro- hibitory proclamations, and commitments for the fame, are illegal. Refolved, n, c, 9. That the keeping a ftandirig srmy in thefe Colonies, in times of peace, without the confent of the legiilature of that colony in which fuch army is kept, is againft law. * ' tr < ^ ^i Refolved, n. c. 10. It is indifpenfibly neceifary to good government, and rendered eiTential by the Englifh Conftitution, that the conftituent branches of the legiilature be independent of each othef) that, therefore, the exercife of legiflative power, in feveral Colonies, by a Council appointed during pleaftire by the Crown, is unconftitutional, dange^ reus, and deflrud:ive to the freedom xtf American l^iilation. All and each of which, the aforefaid Deputies, in behalf of themfelves and their con(lituents,do claim, demand, and infift on, as their indubitable rights and liberties, which cannot be legally taken worn them, altered or abridged by any power whatever, without their own consent, by their Reprefentative^ in their feveral provincial legiflatures. Refolved, ». c. That the following A^s of Par- liament are infringements and violations of the rightf of the Colonifts ; and that the repeal of them \§ eflentially neceflary, in order to reftore harmony be« tween I in its >in Hi AMERICAN STAjTE '>^APBil:S> ^ twe^p Great Britain and the Ai^tieriea^ colooieit viz, ^ . The Teveral Ads of 4 Geq* III; cL 15. and cfa. ^4* —5 Geo, III. ch. 25.'— 6 Geo. III. ch. 52.*-7.G(04 III. ch. 41. and ch. 46.-8 Geo. III. ch.^2. wfaic^ unpofe duties for the purpofe of railing a revenue in America, extend the powers of the Admiraki^ Courts beyond their ancient linvits^ deprive ^ American fubjed of trial by Jury^ authorilje thfi judges certificate to indemnify the profecutor £fWk damages that he might otherwife be liable t<^ m^ quiring oppreflive fecurity from a claimant of ibipit and goods feized, before he ihall be allowed to de- fend nis property, and are fubveriive of Americiaif . rights. Alfo 12 Geo. III. ch. 24. intituled, " An Ad for the better fecuring his Majefty'a dock^yards, maga-t zines, ihips; ammunition, and Hores;" which de-> clares a new offence in America, and deprives the American fubjeds of a conftitutional trial by Jury: of the vicinage,by authorifing the trial of any perfp^ charged with the committing any offence defciril^ ' in the faid Ad out of the realm, to be indided s^id tried for the fame- in any Ihire or county within thfi realm. Alfo the three /^ ds pafied in the laft Seffioa of Parliament, for (lopping the port and blocking up the harbour of Bofton, for altering the charter and government of Maflachufett*s-Bay, and that which IS intituled, ** An Ad for the better adminiflxation of juftice, &c/' Alfo the Ad pafled in the fame Seflion for efta* bliihing the Roman Catholic religion in the Pro^ vince of Quebec, abolilhing the equitable fy^m of Engliili laws, and ereding a tyranny there, to the great danger, from fo total a diffimilarity of re* ligion, law, and government, of the neighbouring Britiih Colonies, by the affiftance of whofe blood attd Ill AMBRlCA^f StATE i*At»ERl and treafure the fatd country was conquered from France. • Alfothe Aft paiTed in the l*ahie Seflion for the better , providing, fuitable quarters fbr officers and feldtets m his Majefty's fervice in North- America/ ^ Refolved, That this Congrefs dd apprcrve of the Qlppodtion^ made by the inhabitants of the Maffa- Chufett's-bay to the execution of the faid lat? Afts # Xf AMERICAN STAT. P,p,,,. ^ the fubfequent terms. ' '" ""w e'T M '"''^'^^ AGREEMENT. cut, New-York, C-Jerfef P™**;".'"'^ ^onae^. Lower Counties ofVeSllK''''^'"' ''''''''«* on ^>^Iaware, Maryland S;!^'' ^^ ^uffex* and South-Carolina/depnredT rl' ^?«''-C«'-olin8. Continental Congrefs. hewt JL^-'"*'^°S '''«« « » our allegiance to his MaieC""'i77+. "Vowing gard for our fello"-S«^':°"^'*"r and re! elfewhere, affected with thf J ^^"'-Britain and moft alarming apprehenfiofs at S*'* anxiety, and diftreffes wit! Jv^ieh h is Mafetf f "'^^''^^^^ ""nd jects areoppreffed anH iT"! ^^' American fub. moft foiourSeliStion theZ.^ ?^.^" "'"'" 0"r tment, find, that the nrefpn, u °^ '''^ "'hole Con- affairs i, occafioned '^';^"' V'hW/ ^t^ation of our Adminiftration°?optedbvtl!eR' & °^ C°C the year , 763, eviS/ Si"* ^^'^i^'r abou^ thefe Colonies, and with f^ I l^" enflavin- In Profecution'of wilich Ue "' ' "'* ^""P"^- Ijament have been nafTed f ' '^^/'""'^"'of Par- America, for deprivKe Am "^"^ " ^^^«""^ i« many inftances, of the^lnf,-^'"."''^^" fubjects, i„ «pofi ng their liveVto d^ger ^1"'^' ^ j^ry, and illegal trial beyond the f^Jj f ^ directing a new. ^ We been com^te'dt t^f^^rZ' ^"^^ cution wl AMERICAN STATE PAPERS. cution of the hme fydem, feveral late, cruel and oppreflivc Acts have been pafled refpecting the town of Bofton and the MafTacnufctts-Bay, and alfo ap Act for extending the province of Quebec, fo as to |>order on the wcftern frontiers of thefe Colonics, cftablifhing an arbitrary government therein, ancji difcouraging the fettlennent of Britifh fubjects in that wide extended covmtry; thus by the influence of civil principles and ancient prejudices to difpof^? the inhabitants to act with hoftility againft the free Proteltaoc Cplonies, whenever a wicked Minifl/y ih3l) chufe fo to direct them. ' To obtaiti redrefs of thefe grievances, which threaten deftruction to the lives, liberty, and pror perty of his Majefty's fubjects in North-America, we are of opinion, that a non-importation, non-con- fumptxon, and non-exportation agreement, faithfully adhered to, will prove the molt fpeedy, effectual, and peaceable meafure : and therefore we do, for our- ielves and the inhabitants of the feveral Colonies whom we reprefent, firmly agree and afTociate under the facred ties of virtue, honour, and love of our country, as follows : I. That from and after the firft day of De^ cember^RCxt, we will not import into Britilh Ame-. rica, from Great-Britain or Ireland, any goods, wares, or merchandize whatfoever, or from any other place any fuch goods, wares, or merchandize, as ihall have been exported from Great-Britain or Ire- land ; nor will we, after that day, import any Eaft- India tea from any part of the world ; nor any mo- laiTes, fyrups, paneles, coffee, or piemento, from the Britilh plantations, or from Dominica; nor wines from Madeira, or the Weftern Iflands 5 nor foreign indigo. II. That we will neither import, nor purchafd any flave imported, after the firll day of December next; after which time, we will wholly difcontinue the ilave trade, and will neither be concerned in it ourfelvcs. our coir cern I] here vatic lemn will couni adut after chafe will y ch^fe chaadi .^allk a%t] under herein > F- fellow-; Weft-I, tion, ur which the Brit repealed any men Britain, Europe. V. Su Irifh trac their fact Britain ar on any received in Great-; rcctly ihi| America, agreement AMERICAN STATE PAPERS. xvU ourfclvei, nor will we hire our vclTcls, nor fell our commodittes or manufa^ures to thofe who are coii*- cernedinit. * III. As a non-confumption agreement, ftrictly ad- hered to, will be an effectual fecurity for the obref- vatiqn of the non-importation, wc, as, above, fo- lemnly agree and , aiTociate, that, from tnis day, we will not purchafe or ufe any tea imported on ao count of the Eaft-India Conipany, or any on which a duty hath been or IHa^l b^ paid ; and', from an^ after the firft day of March next, we' will nbt' pur- chafe pr ufe any Eaft-India tea whatever ; nor will we,( nor ^11 a^iv jperfon for or ynder us, pur- chafe or ufe any of I thofe goods, waricsL or mer- chandize, wc have J^rijed not to import, which w^ on any pretence whatfoever, as they cannot be received in America ; and if any merchant, refiding in Great-Britain or Ireland, ihall directly or indi? rectly fhip «ny goods^ wares, or merchandize, for* America, m order to break the faid non-importatioi^' agreement,^ or in any manner contravene the feme, . ' * " » ' QVt xviii AMERICAN STATE PAPiRS. jQn Tuch unworthy conduct being well attefted, i( ought to be made public; imd, on the fame being • fo done^ we will not from thenceforth have atiy, cpnl- mercial connection with itich merchant. ^ i VI. That fuch as are owners of vcftcl? Will give pofitive orders to their Cayptains or Mafters, not to receive on board their veueli iny goods prohibited by the faid non-importation agreement, on pain of immediate difn^iflion from their fervice. VII. Wc will Ujife pur tmtjott endcaVQUts to im- prove the breed df ih^ep aha in^reafe their number to the ^reai^il extent i and to that end, we will kill them as n^^^nhg 99 n^ky b'e» efpedally thoie of thfe inoil promt^le kind ; ndt will ^eetpprt akiy td thfe WeU'l^ik^jQt cll^WJicre : and tbtife of us wnb art or m^y Qecomiover-ftoeked iif&hior can cohveni- pptly fp^re any^&c^lV will dWbiife of thei;(i tb btJr inerghbours, eipeciauy to the diibrcr fort. oil. linqi- derau.,teimi5..._ ,, ^--'f-.. .. ...., .i...\ , Vly . That we will in our fcVfcral ftatiqns cndQu- rage lfruga)ltv, cpcbnomy^ and Wdultry; and pror mote agriculture, ' arts, aii4 the manuff^^ures of this country^ eibecially thkt of wdol :, anld will dif- puntehance and city, vote for bufinefs it of all per « AalJ be "majority o within the fn»^ aflbci caufe the t ^zette, t< give lOttQ bUea linof o iW^ jtnbcr U km bf thfe totbfe mvcni- tbouir cncjou- id pror ires of \\\ dVC- cftra- TStciilg, ibttions )W and ;\ation [es will blkck :Umen, andwc ;arfs at letcban* tfoods P > Ml ivcly iiiaft.— '^ And AMERICAN STATE PAPERS. x!x And \( atiy vender of goods or mercbandize Ihall fell any fucb goods on higher terms, or fhall in any mdnner, or by any device whatfoever, violate or dcL>art from tliis agreement, no perfoh ou^ht, nor will any of us deal with any fuch perfon, or his or her fa^Or or agent, at any time thereafter, for any com- modity whatever. X. In cafe any merchant, trader, or otner jpmons ihall import any goods or merchandize aft^r the firft day of December, and before the firft day of Fe- bruary next, the fame ought forthwith, at the elec- tion of the owner, to be either re-ihipped or delivered up to the committee of the county or ^o^Jiti v/hereih they ihall be imported, to be ftored 4t the ri(k of the importer, until the non-importation ajgteehieilt ihall ceafe, or be fold under the diredioh ot the Com- mittee aforefaid*, and in the laft mentioned cafe, the owner or owners of fuch goods ihall be reiitl- burfed (out of the fales^ the firft coft and charges ; the profit, if any, to b^ applied tow2irds felibVin^ and employing fuch poor inhabitants of thb town of Bofton, as are immediately fufferers by tbe Boftoi^- port bill ; and a particular account of all goods To returned, ftored, or fold, to be infertedl in the pub- lic papers ; and if any goods or merchandizes ftiall be imported sifter the faid firft day of Fet)ruary, the fame ou^ht forthwith be fent back again, with- out breaking any of the packages thereof. XL That a Committee be chofen in every coun- ty, city, and toWn, by thofe who are qualified to vote for Rej^refentatives in the legiflature, whofe bufinefs it ihall be attentively to obferve the cpndu 1775* ARTHUR LEEi, -Ii4 r *r f H E KlNC*s MOST EXGELLilNT MAJESTY. Mojl CrdcioUs Sovereign^ ■ W £ your M^efty's foithfiii Ailyeas of fhe Co. lonies of New Hampfhire, MaSfachufettS Bay^ Rhode liland j and Provid&nbe Plantatbns, Connec- ticut, New Yorl^, New Jerfey^ Pennlylvahia^ th« counties o{ Newcaflle^ Kent, and Suuez, on Def> laware, Maryland, Virginia, North and SoUih Ca- rolina, in behalf of ourfeheis and the inhabitant^ of thefe Colonies, who have deputed us tb reprefent them in General Gongrefsj entreat your Majefty'i gfacious attention to this our humble petition; The union between our Mother Country and thefe Colonies, and the energy of mild and juft go-* vernmenti produced benefits fo remarkably impor- tant, and afforded fuch affurance of their permanen- cy and increafe, that the wonder and enVy of othcf nations were excited, while tliey beheld Great* Britain riling to a power the moil extraordinary the world had 6ver known; Her rivals obfi^rving that there was no probability of this happy connection being broken by civil diifentions, and apprehending ii^ ^ure effedts, if left any longer undifturbcd, a 4 rcfolved ixlv AMERICAN STATE PAPERS. rcfolved to prevent her receiving fo continual and formidable an acceilion of wealth and ftrength, by checking the growth of thefe fettlcments, from Tvhich they were to be derived. In the profecution of this attempt, events lb un- favourable to the defign took place, that every friend to the intereft of Great- Britain and thefe Co- lonies, entertained pleaiing and reafonable expecta- tions of feeing an additional force and extenfion immediately given to the operations of the union hitherto experienced, by an enlargement of the dominions of the Crown, and the removal of an- cient and warlike enemies to a greater diflance. • At the conclufion, therefore, of the late war, the moil glorious and advantageous that ever had been carried on by Britilh arms, your loyal Colonies, having contributed to its fuccefs by fuch repeated and Srenuous exertions as frequently procured them the diftinguiihed approbation of your Majefty, of the late King, and of Parliament, doubted not but that they Ihould be permitted, with the reft of the empire, to ihare in the bleflings of peace, and the emoluments of vidory and cohquefl. While thefe recent and honourable acknowledgements of their merits remained on record in the Journals and Afts of that auguft legiilature, the Parliament, un- defaced by the imputation, or even the fufpicion, of any offence, they were alarmed by a new fyflemof ftatutes and regulations, adopted for the ad minift ra- tion of the Colonies, that filled their minds with the moil painful fears and jeatoufies ; and to their inexpreflible aftonilhment perceived the dangers of a foreign quarrel quickly fuccceded by domeftic dangers, in their judgement of a more dreadful kind. Nor were their anxieties alleviated by any ten- dency in this fyftem to promote the welfare of the Mother-Country ; for though its eflfeds were more imrae- \'^ AlilEJtlOAK StATE PAPERS, xxr immediately felt by them, yet its influence appear*! cd to, be injurious to the commerce and profperky of Gret^t Britain. We (hall decline the ungrateful talk of defcribing the irkfome variety of artifices praAifed by many cw your Majefty's Minifters, the delufive pretences, fruitlefs terrors, and unavailing feverities, which ^ave from time to time been dealt out by them in their attempts to execute this impolitic plan, or of tracing through a feries of years paft the progrefs of the unhappy differences Between Great Britain and thefe Colonies, which have flowed from this fatal fource. Your Majefly's Minifters perfevering in their < meafures, and proceeding to open hoftinties for enforcing them, have compelled us to arm in our own defence, and have engaged us in a contro- vverfy fo peculiarly abhorrent trom the afiedions of your ftill faithful Colonifts, that when we*confider whom we muft oppofe in this conteft ; and if it con* tinues, what may be the confequence ; our own par- ticular misfortunes are accounted by us only as parts 6f our diftrefs. Knowing to what violent refentment and incurable animofities civil difcords are apt to exafperate and inflame the contending parties, we think ourfelves required by indifpenlable obligations to Almighty God, to your Majefty, to our fellow-fubjeds, and ourfelves, immediately to ufe all the means in our power, not incompatible with our fafety, for flopping the further effufion of blood, and for averting the impending calamities that threaten the Britifli Em- pire. Thus called upon to addrefs your Majefty on affairs of fuch moment to America, and probably to all your dominions, we are earneftly defirous of performing this ofiice with the utmoft deference to your Majefty; and we therefore pray that your Royal magnanimity and benevolence may make the moft moft favQDr^blc cpnfiru^ipn pf our e^prelQ^^is on fQ^uncompion an iQpf^afion^ -X^ould we repreitent, in their full force, the fentl* tjC^^m^ which agitaite the min^l of m, yqqr dutiful fviid^i^i wf ai» perfuaded your M^efty w^u^d afprlhe J»ny ieeming deviation from reverence^ in q\ir language^ and even in our condu^, not to any' r^iprehenfible intention^ but to the innpofTibility of repQQcilins the ufual appearances of refpe^ with a jvil attention to our preiervation againft thoCe artful afid cruel enemies, who abufe your Royal confi'^ 4ence and a^uthorifty for the purpofe of effecting our ^eftrudion. Atitached to your Majefty's perfon, family, and government, with all the devotion that principle and ^e^^n can infpire ; conneded with Great Britain by the ilrongeft ties that can unite focieties, and dc" plpring every event that tends in any degree t6 weal^en them, we folemnly aflure your Majefty, that we ]iot qnly moft ardtntly defin the former bar» PKUfy hetwefiH ker and thefe Colonies may be reftored, but that a concord maj^ be eJtabUJhed between theoi ijjpQn ib firm a bails as to perpetuate its blefiings uninterrupted by any future difientions to fucceed-* ing generations in both countries ; and to tranfmit your Majefty's name to pofterity, adorned with that ugnal and lafting glory that has attended the memory Qt thoCe illuflrious perfonages whofe virtues and abilities have extricated flates from dangerous con^ ▼ulfions, and by fecuring happinefs to others, have ere^ed the moft noble and durable monuments to their own fame. We beg leave further to aiHire your Majefly, that Qotwithftanding the fufferings of your loyal Colonif^s^ during the courfe of the prefent controverfy, our breads retain too tender a regard for the kingdom fropi which we derive our origin, to requeft luch » $o;i$iliation as might in any manner be inconfiilent with AM|:^|CAN STATE^ F A P ^ li^ S. n^vJI Ive witl^ ber dignity er her natUare, Thefe, related «% ve are to her, honour and duty, as well as incltBa"r tion, induce us to fupport and advance ; and the m^ preheniions that now opprefs our. hearts with un- Ipeakable grief, being once removed, your M^^ilf will find your faithful TubjeAs on thi9 Continent ready and willing, at all times, as they have eyei^biee^ with their, lives and fortunes to ajfert and maititmi tii rights and interefts of your Majefiy and of mint Jd^tba* Country, We therefore beieech your Majefty, that y6|V Royal authority and influence niay be graclQ^Q^ interpofed, to procure us relief from our afBi^ng fears and jealoufies, occafioned by the fyitem l^efprc mentioned, and to fettle peace through every jpstc of your dominions ; with all humility iubmitting ti^ your Majefty's wife confideration whether it maf not be expedient, for facilitating thefe impprtaai: purpofes, that your Mayfly be pleaftd to direS fom^ mode by which the united applications of your faithful Colonijls to the throne, in purluance of their commoii council^, may be improved into a happy andfuernkf-* nent reconciliation ; and that in the mean time vag%* fures may be taken for preventing the further de^ ilrudion of thq lives of your Majefty's fubje^s, an4 that fuch (tatutes as more immediately diftrefti any of your Majefty*s Colonies be repealed. For by fuch arrangements, as your Majefty's wifdotQ can form, for coUeAing the united fenfe of your Ame- rican pe6ple, we are convinced yoUr Majefty would receive fuch fatisfadtory proofs of the difpofition of the Colonifts towards their Sovereign and the Parent; State, that the wiihed-for opportunity would foon be reftored to them, of evincing the fincerity of their profeffions, by every tejlimony of devotion becoming the mofl dutifiil fubje£fs, and the mofi affeQionatt C0I09 mjls. J That your Majefty may enjoy a long and prpfpen fous reign, and that your defcendants may govern the mcfHiAMERICAN STATE TAPIRS. the dominions, with honour to themfelves and hap* pinefstotjieir fubje^y is our fincere and fervent mtyer. JOHN hanccx:k. Colons of New Hamp- Jebn Jlfep SHIR£. Francis Lewis ^^ikl^angdon John Jay Tbemas Cujhing R* Levinifio»,juH» "MASSAcH<>8ETts Bay. '* Lewis Morris Samuel Mams Jokn Jdams 'ibhart Treat Paine I^HODE Island. SMhen Hopkins Simueimrd $&pbakt Dyer Connecticut. Jtoger Sherman SiSs Deane New Yorr. Ph, Levingfton James Duane Delaware Counties. Cdfinr Rodney tbo.MKean Qeorge Read Maryland. Md/t. Tilgbman fbo. Jobnfon, jun, miliam Pace Samuel Cbafe Thomas Stone Virginia. P. Henry, jun, k* Henry Lee miUam Floyd Hmry Weifner New Jersey. Wm, Levingfion John Debar ts Richard Smith Pennsylvania. John Dickenfon Benj, Franklin George Rofs James fVtlfon Charles Humphreys Edward Biddle Edm, Pendleton Benj* Harrifon Tho. Jifferfon North Carolina* JVilliam Hooper Jofeph Hewes South Carolina. Henry Middleton Thomas Lynch Chrlft, Gad/den J, Rutledge Edwd, Rutledge, The marked difdain with which this Peti- tion was treated, precluded every hope of ^ re-« ^.. conciliation. AMERICANSTATE PAPERS, xxiz I conciliation. The bed men in England were (hocked at the meafure ; the mod difpaflionate men in America forefaw and lamented the con- fequences. The Briti/h Miniftry, however, perliding in their latent views of fubjugatin^ the Colonies, and attempting by open force as well as fecret dratagem to fubdue and difunite them, gave eventual rife to that Independence, Confederacy, and LegiHation, defcribed, fup- ported, and avowed, in the following doca«- ments. A LIST ' » •' • \ « - % * • f 4» \ .A « IT In congress. Dbcimbir 29» 1780. Resolved, TH/ffa Committee of three be appointed to collect and caufe to be publijhedt two hundred correSf copies of the Declaration of IndependencCf the articles of Confederation and Perpetual Union, the Alliances between thefe United States and his Moil Chriftian Majefty, with the Conftitutions or Forms of Government of the feveral States, to be bound together in, boards* ne members chofen^ Mr. Bee, Mr. Wither- ipoon ^nd Mr. Wolcott. Extract from the Minutes, Charles Thompson, Secretary* (> kI iCl M\. ;»^- Iv .jvaC'-i "iU: A.^ J 'Jim- iu» '» 'jHi \ ■■>■■> " ^"^ In CONGRESS, J y L V 4, . 1776. DECLARATION BY THE REPRESENTATIVES or THE " li'Ji.i OJ UNITED STATES OP AlifERICA In CONQRESS ASSEMBLED. WHEN, in the courfe of honMin events, it becomes necelTary for one peopl^ to difTolve the political bands which have connedted them with another, and to af-« fume among the powers of the earth the fe<* parate and equal flation to which the laws of nature and of nature's God entitle them, a de-> cent refped to the opinions of inankind re«j quires that they ihould declare the caufes which impel them to the feparatioq. We hold thefe truths to be felf- evident ; Tliat all men are created equal ; that they ar^ endowed by their Creator. w:itb certain uq^^ 1 vd) B , licnable i DECLARATION OF INDEPENDENCE. lienable rights ; that among thefe are life, li- berty, and the purfuit of happinefs 5 that to fecurc thefe rights governments arc inftituted among men, deriving their juft powers from the confcnt of the governed ; that whenever any form of government becomes deftrudive of thefe ends, it is the tight of the people to alter or to abolifh it, and to inflitute a new go- vernment, laying its foundation on fuch prin- ciples, arid organizing its powers in fuch form, as to them fhall feem moft likely to efFedt their fafety and happinefs. Prudence, indeed, will didtate, that governments long eftabli/hed ihould not be changed for light and tranlient caufes J and accordingly all experience hath fhewn, that mankind are more difpofed to fufFer while evils are fufFerable, than to right themfelves by abolifhing the forms to which they are accuftomed. But when a long train of abufes and ufurpations, purfuing invariably the fame obje(5t, evinces a deiign to reduce them under abfolute defpotifm, it is their right, it is their duty, to throw off fuch govern- ment, and to provide new guards for their fu- ture fecurity. Such has been the patient fuf- ferance of thefe Colonies ; and fuch is now the neceifity which con Arains them to alter ^* their DECLARATION OF INDEPENDENCE. 3 their former fyflems of government. The hiftory of the prcfent king of Great-Britain is a htflory of repeated injuries and ufurpations, all having in diredl objedt the eflablifhment of an abfolute tyranny over thefe States. To prove this, let fad^s be fubmitted to a candid world. He has refufed his aifent to laws the moil wholefome and neceffary for the public good. He has forbidden his governors to pafs laws of immediate and preillng importance, unlefs fufpended in their operation till his aflent (hould be obtained ; and when fo fufpended, he has utterly neglected to attend to them. He has refufed to pafs other laws for the accommodation of large diflri10:D f ?i9^^ARD STOCKDON 5^JJJAMTN RUS^ • I Bi-NfAMlN FRANiff TKt I JAMES VVILSON?^* LGEORGE ROSS i C^SAR r5dnkY 1 GEORGE R^^^J* -,- r SAMUEL CHASP DELAWARE, MARYLAND, Twni^^^ PACA,* THOMAS STONP VIRGINIA, ***vyiviii5 oTONE N. CAROLINA. j S,?'l^iKER.- t JOHN PENN ^ C GEORGE WALTON. GEORGIA, ,i ( 10 ) ARTICLES O F CONFEDERATION and PERPETUAL UNION BETWEEN THE STATES OF NEwIhAMPSHIRE, MASSACHUSETTS-BAY, RHODE. ISLAND and PROVIDENCE PLANTATIONS, CON- NECTICUT, NEW-YORK, NEW-JERSEY, PENN- SYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH . CAROLINA, SOUTH - CAROLINA, and GEORGIA T ARTICLE I. HE ililc of this confederacy (hall be, " United States of America," A R T I C L E II. Each State retains its fovereignty, freedom, and independence, and every power, jurifdi6lion> and right, which is not by this confederation exprefsly delegated to the United States in Con- grcfs afTembled. ARTICLE IIL The faid States hereby feverally enter into a firm league of friendfhip with each other, for their common defence, the fecurity of their liberties, ' . and ARTICLES or CONFEDERATIOK. and their mutual and general welfare, binding themfelves to aflift each otjier againft all force offered to, or attacks made upon them, or any of them, on account of religion, fovereignty, trade, or any other pretence whatever. A R T I c L E l^. The better to fee u re and perpetuate mutual friendfhip and intercourfc among the people of the different States in this union, the free in- habitants of each of thcfe States, paupers, va- gabonds, and fugitives from juflice excepted, fhall be entitled to all privileges and immu- nities of free citizens in the feveral States ; and the people of each State fliall have free in- grefs and regrefs to and from any other State, and fhall enjoy therein all the privileges of trade and commerce, fubjedt to the fame duties, impofitions, and reflridtions, as the inhabitants thereof refpedtively, provided that fuch reftric- tions fhall not extend fo far as to prevent the removal of property imported into any State to any other State of which the owner is aa inhabitant ; provided alfo that no impofition duties, or reflridtion, fhall be laid by any State on the property of the United States, or either of tiiem. n ARTICLES. OF CONFEDERATldK^. If any pcrfon gailty of or charged with trea- ibn, felony, or 6ihtr high mifdemeanour in any State, ihall flte from juAice, and be found in any of the United States, he fhall, upon de- mand of the governor or executive power of the State from'^which he fled, be delivered up knd remdved to the State having jurifdidtion of Jiis offence. .; ' . Full faith and credit (hall be given jrt each of thefe States to the records, a(5ts, and judicial proceedings of the courts ind 4)8gi(lrates of every other State, ART/CLE V. For the more convenient management of thfc general interefts of the United States, dclci. gates fhall be annually appointed in fuch man- lier as the legiflature of each State ihall dired, to meet in Congrefs on the firft Motiday in Nb- vfeitiber of every year, with a poWcr refefviJd to each State to recal its delegates, or anv oip them, at any time within the year, and to fend ^hcrs in their ftead, for the remainder of thq ^ear. No State ftiall be reprefented in Congi-cfs by "lefs than two, nor more than feven,- members j and no perfon {hall be capable of being a dele- gatQ ARTICLES OF CONFEDERATION, jj gate for more thao three years, in any term of iix years ; nor (hall any perfon, being a dele«> g^ite, be capable of holding any office under thf United States, for which he, or any other for his benefit, receives any falary, fees, or emolu- ment, of any kind. Each State (hall maintain its own delegatei in a meeting of the States, and while they a£t as members of the committee of the States. In determining queflions in the United States in Congrefs alfembled, each State (hall have one vote. Freedom of fpeech and debate in Congreft fhall not be impeached or queftioned in any court or place out of Congrefs, and the mem- bers of Congrefs ihall be proteded in their perfons from arrefts and imprifonments during the time of their going to and from and at* tendance on Congrefs, except for treafon, fc* lony, or a breach of the peace. ARTICLE VI. No State, without the confent of the United States in Congrefs aflembled, (hall fend any emba(ry to, or receive any emba(ry from, ot enter into any conference, agreement, alliance, or treaty, with any King, Prince, or State ; nor - 3 fliaH 14 ARTICLES OF CONFEDERATION. (hall any perfon holding any office of profit or truft under the United States, or any of them» accept of any prefent, emolument, office, or title, of any kind whatever, from any King» Prince, or foreign State ; nor (hall the United States in Congrefs affembled, or any of them» grant any title of nobility. 2. No two or more States (hall enter into any treaty, confederation, or alliance whatever between them, without the confent of the United States in Congrefs affembled, fpecifying accurately the purpofes for which the fame is to be entered into, and how long it fhall con- tinue. 3. No State (liall lay any imports or duties which may interfere with any ftipulations in treaties entered into by the United States in Congrefs affembled, with any King, Prince, or State, in purfuance of any treaties already pro- pofed by Congrefs to the courts of France and Spain. 4. No veffels of war fliall be kept up in time of peace by any State, except fuch number only as (hall be deemed neceffary by the United States in Congrefs affembled for the defence of fuch State, or its trade ; nor (hall any body of forces be kept up by any State, in time of peace* except ARTICLES OF CONFEDERATION. 15 except fuch number only as in the judgement of the United States in Congrefs aflembled (hall be deemed requiiite to garrifon the forts nccefTary for the defence of fuch State ; but every State fhall always keep up a well-regula- ted and difciplined militia, fufficiently armed nnd accoutred, and (hall provide and condantly have ready for ufe, in public (lores, a due num- ber of field -pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. 5. No State (hall engage in any war without the confent of the United States in Congrefs afTembled, unlefs fuch State be adually invaded by enemies, or (hall have received certain ad- vice of a refolution being formed by fome na- tion of Indians to invade fuch State, and the danger is fo imminent as not to admit of ^ delay till the United States in Congrefs afTem- bled can be confulted : nor (hall any State grant oommifHons to any (hips or ve(rels of war, nor letters of marque or reprifal, except it be after a declaration of war by the United States in Congrefs a(rembled, and then only againft the Kingdom or State and the fubjeds thereof againft which war has been fo declar- ed, and under fuch regulations as (hall be efta- bli(hed >6 A^TI9IfEA, pr.CPNFSPERAT^OJf. • Jbli(hfi;4 by the United Stfto^ in Cpngnsfsjif^ fembled, nulcis fuch State be infeilcd by p^- jraXCP i in which ^cj^fe vcffcl^ o^ Mrar may be fitr tfsd out for that occaiion, and kept Co long as jrh^ danger fhall continue, or until the United j^lates in Congrefs ^flen^bled fhall determinf otjierwife. A R T I C L E Vir, When land forces are raifed by any State for the common defence, all offii:ers of or vinr der the rank of colonel fhall be appointed by thelegiflature of each State refpcdively by whom fuch forces fliall be raifed, or in fuch manner as fuch State fhall direct, and all ya* cancies fliall be filled up by the State which firfl made the appointment. , / ARTICLE VIII. ' ^ ' All charges of war, and all other expences that fhall be incurred for the common defence jor general welfare, and allowed by the United States in Congrefs aflembled, fliall be defrayed but of a common treafury, which fhall be fup- plied by the fevcral States, in proportion t6 the value of all land within each State, granted to or furveyed foriany perfon, as fuch land aSd the buildings and rmprovements tlic4*eon fhali be eflimatcd, according to fuch mode as tht United rr: r. pi- y as ited ninf ;d by y by 11 va- hicb mces Ifence Initcd rayed fup- )n t6 intcd a&d Ifhall the lited 4^I^TICL¥:S OF CONFEDERATION. 17 United , States in Congrefs aflembled (hall fronii tinae to time diredt and appoint. The taxes for paying that proportion ihall belaid and levied by the authority and dire^ion of the - legiflatures of the feveral States within the time agreed upon by the United States in Con* grefs aflcmbled....j,. . A R T I CL E IX. The United States in Congrefs a^embled ihall have the fole and e^cluQve right and pow- er of determining on peace and war» except in t^e cafes mentioned in the fixth article; of fending and receiving AmbaiTadors; enter- ing into treaties and alliance's, provided that no treaty of commerce ^ ihall be made^ whereby the legiilative power of the refpedtive States. fhi^U )be retrained from impoiing fuch im* pofts and duties on foreigners, as -their own] people are fubje^ed to, or from pibhibiting the exportation or importation of ^ny ipecier of goods or connmodities whatfoever : of eik- bli{hing rules for deciding in all csi&«» what captures on land or Water (hall bei^al^aad in what' nianner prizes taken by land or naval^ forces^ in the fervice of dbe United States ^all be divided^dr ipproptlated J of grant^gleUers it ARTICLES OF CONFEDER ATfONf. of i^^riqt^ itid reprifal in tithes of peace r appmntiirg courts for the trial of piracies and felonies committed on the high feas ; and efta- bltfhing cotirts for receiving arid determining finally appeals in all cafes of captures, provided that no ttiember of Congref&lhall he appointed a j udge of any of the faid courts. ^' ^* ^ *^ ^ 2. The United States in Cdngrefs aiTembled fhall alfo be the laft refort on appeal in all dif- putes and differences now fubfiiling, or^ that hereafter may arife, betv^een two or more States concerning boundary, jarifdi£tion, or any other can^ whatever; which authority fhall always be exercifed in the manner followihgn<«*- Whenever the kgiflative or executive authori- ty or iawfal agent of any State in controverfy with slnothei; (h%\\ pr^fent a petitioil to Cdn- grefs, ftating the matter in queftien, ftnd pray- ing for i hearing, notice theraof fliali be given by order of Congrefs to the fcgiQativror exe- cutive authority of the other Slate in com^o* verfy, i^ad a day ailigned for the appearance of the parties by their ]aw|ul ^ents» who ihall then be dire^ed to appD£aA^T|OV. or Gaui(»,th(^ court ihdl neverthelcifs ptpeeed to prpi)oi|ncpffefLtepce» or judgment, which QaHl mlike-inajaf^er be final and d^ifive; thejii}dg<^ mtnt or fetjiteoce and other proceedings, being in either caf&tranfmilted to Congrefs, and lodg- ed amoag l«4 ilhsdil have authority ^o appoijiit a comii|iHee» to fit in the receis of Congrefs* to be denomi- ^pf 9n« delegate fn)m each State j and %o appoint Aich other committee! and civU officers ac may be neceflary for managing the general afiiurfi of the United States under their direct tion I to appoint one of their number to pre* fide» provided that no perfon be allowed, to ferve in the office of Prefident more than one year in any term of three years r to a^rtain the neceiTary fums of money to bf raifed for tbefervice of the United States, and to appro-* priate and apply the fame for defraying the public expeaces J to borrow money or emit hills on the credit of the United States, tranf- mitting every half year to the refpedtive States an account of the funis of money fo borrowed or emitted i to build and equip a navy ^ to a- gree upon the number of land forces, and to make requifitions from each State for its quota, in proportion to the number of white inhabi* tants in fuch State, which requifition (hall be binding; and thereupon the legiilature of each State fliall appoint the regtniental officers, raife the the af( Vn cloi the on 1 fiut fiial] prop ihou andt numl extra armcc quota fuch^ cannoi c^fe tl equip, judge c men ft march time ag grcfs d ARTiCliEi OF CONFEDERATION} aj cfae iii«i» and cletth» irm» and tquip tibetn in a foldier^like maiiner, at the expence of the United States; and the officers and ffita fo cloathed, armed, and equipped, (bull march to the place appointed, and within the time agreed on hy the United States in Congrefs a0emhled* But if the United States in Congrefs aflemhled fhall, on confideration of circumftances, judge proper that any State ihould hot raiie men, or (hould raife a fmaller number than its quot^^ and that any other State (hould raiie a greater number of men than the quota thereof, fuch extra number fhall be raifed, officered, cloathedi armed, and equipped in the fame manner as the quota of fuch State, unlefs the legiflature af fuch State (hall judge that fuch extra number cannot be fafely fpared out of the fame; in which c^fe they ifhall raife, officer, cloath^ arm, and equip, as many of fuch extra number as they judge can be fafely ^ared $ and the officers and men fo cloathed, armed, and equipped^ ihall march to the place appointed, and within the time agreed on hy the United States in Con* grefs aflcmbled, 6. The United States in Congrefs aifembled (hall never engage in a war* nor grant letters C 4 of i4 AUTICLES OF tOYfnDt^knOH^ of marque and reprifal in tthie of peacc,^m>r enter into any treaties or alliances, nor coin mone^y nor regulate the value thereof, nor af-- certain the funis and e^pences^neceilarjr for the defence and welfare of the United States, or any of them, nor emir billr, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vefleis of war to be built or pur- chafed, or the number of land or fea forces to be raifed, nor appoint a Commander in Chief of the army or navy, unlefs nine States aflent to the fame : nor fhall a queftion on any other point, except for adjourning from day to day, be determined, unlefs by the votes of a majo- rity of the United States in Congrcfs aflem- bled. 7. The Congrefs of the United States (hall have power to adjourn to any time within the year, and to any place within the United States, fo that no period of adjournment be for a longer duration than tUe fpace of (ix months, and fhall publifh the journal of their proceed- ings monthly, except fuch parts thereof relat- ing to treaties, alliances, or military operations, as in their judgement require fecrecy ; and the yeas and nays of the delegates of each State on any ARTICLES OF CONFBDEftATION. ts any queftion (hall be entered on the journal^ when it is defired by any delegate ; and the delegates of a State, or any of them, at his or their requeft (hall be furnifhed with a tran- fcript of the faid journal, except fuch parts at are above excepted, to lay before the legiflaturet of the feveral States. A R T I c L E X. The Committee of the States, or any nine of them, (hall be authorized to execute, in the recefs of Congrefs, fuch of the powers of Con- grefs as the United States in Congrefs afllem- bled, by the confent of nine States, fhall from time to time think expedient to veil 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 States, in the Congrefs of the United States aflembled, is requifite. A R T I C L E XI. Canada acceding to this confederation, and joining in the meafures of the United States, fhall be admitted into, and entitled to all the advantages of this union : but no other colony (hall be admitted into the fame, unlefs fuch ad- miflion be agreed to by nine States. A R- 9# ARTICLUS OF CONFEDERATIQH. A R Tl C L E Xll. All bills of credit emitted, monies borrowed, and debts contraded by, or under the autho- rity of Congrefs, before the aifembling of the United States, in purfuance of the prefent con- federation, (hall be deemed and confidered as a charge againil the United States, for payment and fatisfadion whereof the faid United States and the public faith are hereby folemnly pledged. ARTICLE XIII. Every State (hall abide by the determinations ef the United States in Congrefs a^embled, on all queftions which by this confederation are fubmitted to them. And the articles of this confederation fhall be inviolably obferved by every State, and the union (hall be perpetual ; nor ihall any alteration at any time hereafter be made in any of them, unlefs fuch alteration be agreed to in a Congrefs of the United States, and be afterwards confirmed by the legiflatures of every State. And whereas it hath pleafed the Great Governor of the World to incline the hearts of the le- giflatures we rcfpcdtively rcprefent in Coa- grefs. tion |tes, ires Inor le- ;f6. ^TijCl^fS OF CQNFSDEEATION. i| ffefk, to approve of, and to authorife us to ratify the &id articles of coofbderation and perpetual union : Know ye« that we» the underfigned Delegates, by virtue of the power and authority to us given for that purpofe, do« by thefe prefents, in the name and behalf of our refpedive conftituents» fully and entirely ratify and confirm each and every of the faid articles of confederation and perpetual union, and all and iingular the matters and things therein contained. And we do further folemnly plight and engage the faith of our refpedtive conftituents, that they {hall abide by the determinations of the United States in Congrefs ailembled, on all queftions which by the faid confederatioa are fubmitted to them ; and that the articles thereof (hall be inviolably obferved by the States we refpedtively reprefent ; and that the union (hall be perpetual. In witnefs whereof, we have hereunto fet our hands in Congrefs. PONE at Philadelphia, in the State tf Pennfylvania, the ^tb day of July, in the ytar tf our Lord 1778, and in the third year of the Independence g/* America. The H ARTICLES OP CONFEDXRATIOlir/ The tforefatd articles of confederation i^tre finally ratified on the firft day of March 1781 1 'the State of Maryland having, by their Mem- ber! in Congrefsy on that day acceded there- to, and completed the fame. NEW-HAMP- SHIRE, MASSACHUSETTS. BAY, RHODE- ISLAND, CONNECTICUT, NEW-YORK, NEW-JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, h OSIAH BARTLETT, OHN WENTWORTH, jun.. r JOHN HANCOCK, j SAMUEL ADAMS, J ELBRIDGE GERRY. 1 FRANCIS DANA, TAMES LOVELL. ISAMUEL HOLTEN. r WILLIAM ELLERY. < HENRY MERCHANT, fjOHN COLLINS. TROGER SHERMAN, I SAMUEL HUNTINGTON, ^ OLIVER WALCOTT, I TITUS OSMER, • LaNDREW ADAMS. {TAMES DUANE, FRANCIS LEWIS, WILLIAM DUER, GOVERNEUR MORRIS. 5 JOHN WITHERSPOON, t NATHANIEL SCUDDER.^ 1 ROBERT MORRIS, DANIEL ROBERDEAU, JONATHAN BAYARD SMITH WILLIAM CLINGAM, JOSEPH REED. f THOMAS M*KEAN, i JOHN DICKENSON, f NICHOLAS VANDYKE, C JOHN HANSON, 1 DANIEL CARROLL. V I R- ARTICLIft OF CONFEDERATION. 19 VIRGINIA, N. CAROLINA, S. CAROLINA, GEORGIA, rRICHARD HENRY LEE, I JOHN BANISTER, \ THOMAS ADAMS, I JOHN HARVEY, LFRANCIS LIOHTFOOTLSE, rjOHN PENN, \ CORNELIUS HARNETT, (JOHN WILLIAMS. {HENRY LAURENS, WILL, HENRY DRA' TON, JOHN MATTWEWS, RICHAIID HUT80N, THOMAS HEYWARD, juB. ffOHN WALTON. J EDWARD TELFAIR, (EDWARD LONOWORTHY. 1 . ( '. \ ^ • -i •♦ ^ t •*"> t;.; ^'^nm^'^y'^^mtt . . ^fi COLLECTION O? THE * GONaTil^UTIONS s*-.*; ■ '* /^ y-* V'' 1 i K'P**^ THE r js~i R Teen I T E D STATES, &c. ^m^^j^^'^ c. NEW-HAMPSHIRE. /« C O N G R E S S, d/ Exeter, ytf». 5, 1776. WE, the Members of the Congrefs of the 'cok)hy of New-Hampfhire, chofcn and appointed by the free fuffrages of the people of faid colony, and authorized and impowered by them to meet together, and ufe fach means, and purfue fuch metfures, 'as we fhall judge bed for the public good ; and in particular to eftabli^ fome form of government, provided that meafure (hould be recommended by the Continental Congrefs ; and a recommendation to that purpofe having been tranfmitted to ua from CONSTITUTION OF NEW-HAMPSHIRE. 31^ from the faid Congrefs -, have taken into ourV ferious confideration the unhappy circum-' fiances in which this colony is involved, by means of many grievous and oppreffive Ads of the Britifh Parliament, depriving us of our native^ and conftitutional rights and privileges; to^n- force obedience to which Adts, a powerful fleet and army have been fent into this Country by^ the Miniftry of Great-Britain, who have cxer- cifed a wanton and cruel abufe of their power, in deftroying the lives and properties of the colonics, in many places, with fire and fword, taking the (hips and lading from many o;(the honeft and induftrious inhabitants of tJilis CO- lony, employed in commerce, agreeable to the laws and cuftoms a long time ufed here : At'i ;?! The fudden and abrupt departure ofnis J^Xr cellencyJoHN Wentworth, Efq. otirlate Go- vernor, and feveral of the Council, leaving u,g deftitute of legiilation i and no executive courts being open to puni(h criminal offenders, where*^ by the lives and properties of the honefi people of this colony are liable to the machinations and evil defigns of wicked men : Therefore, for the prefervation of peace and good CONSTITUTION OF J^EW-HAMPSHIRE. »' i« ^ \-^ f. good order, and for the fecurity of the livei| and properties of the inhabitants of this colony» yff conceive pai[relyes reduced to the necefli^y;^ qf eftabliihing a Form of Government, to con- tinue during the prefent unhappy and unna- tural conteft ^;ith _ (Jireat-PrUain ; protefting and declaring, that we never fought to throw^ ofiTour dependence upon Great-Britain, but felt ourfelves happy underherprotedion, while we could enjoy our conftitutional rights and privileges ; and that we {hall rejoice, if fuch a reconciliation between us and our Parefit State can be e^eqed as fhalF be approved by the Continental Congrefs, in whofe prudence and wifdom we confide. Accordingly, purfuant to the trufl repofed in u^, we do Refolve, That this Congrefs aflume th'etnatne, power, and authority of a Houfe of Reprefentatives or Aflembly for the colony of New-Hampfhire; and that the faid Houfe then proceed to chufe twelve perfons, being repu- table freeholders and inhabitants within this colbny, in the following manner, viz. five in e county of Rockingham, two in the county of Strafford^ two in the county of i^illborough, two i'Vrl Ives 3ny, ffify; conTp nna- fling irovr I , but :s and 'fuch ?arc|it red by„ idence ;pofed ifTume ^ufe of )ny of then [repu- this Ive in mnty )Ugh, two CONSTITUTION OF NE\V-HAMPSHIREi 33 two in the county of Chefliire, and one in the county of Grafton, to be a diftindt and feparate branch of the legiflaturei by the name of a Council for this colony^ to continue as fuch until the third Wednefday in December next ; any feven ^bf whom to be a Quorum to dd bufincfs. That fuch Council appoint their Prefiderit ; and in his abfence, that the fenior Councillor prefide. That a Secretary be appointed by both branches, who may be Councillor, or other- wife, as they fhall choofe. That no adt or refolve be valid, and put into execution, unlefs agreed to and pafTed by both branches of the legiflature* That all public officers for the faid colphy^ and each county, for the current year, be ap- pointed by the Council and AiTenobly, except the feveral clerks of the executive courts, who fhall be appointed, by th« Jultices of the re- fpedive courts* That all bills, refolvfes, or vote? for raifing^ levying, and colleding money, originate in th<$ Houfe of ReprcfcntativcSi D ' That 34 CONSTITUTION OF NEWT^AMPSHIRf. That nt any feilions of the Council and AfTembly, neither branch £h^l adjourn for any longer time than from S^turdtiy tUl th^ next Monday, without Qonf^mt pf %h9 Qther. Audit 16 further rcfolved, Thtt ifthepr^- &nt unhappy difpute with Qreat-rBr^tain (hould continue longer than thi$ prefent year, and the Continental Congrefs give no inftru^ions or dij^£tion$ to the contrary, the Council be chofen by the people of each refpedive county, in fucli manner as the Council and Houfe of Reprefentatives ihall order. That general and field officers of the militia, on any vacancy, be appointed by thetwoHoufes, and all inferior officers be chofen by the re- fpcdive companies. That all officers of the army be appointed by tht two Houfes, except they (hould dire^ btherwife in cafe of any emergency. - That all civil officers for the colony and for each county be appointed, and the time of their continuance in office b^ determined, by the two Houfes, except clerks, and countjr trea- furers, and recorders of deeds. That a trcafurcr,. and a recorder of d^s, for each county be annually chofen by the people of each county refpedtivcly j the votes for fuch officers He ny >uld the s or I be inty, ifeof aitia. dircft CONSTITUTION OF NEW-HAMPSHIRE. 35 officers to be returned to the rcfpc£tive courts of get^ral feffions of tlje peace in the county there to be afccrtainedi as the Council and Af- fcmbly fhall hereafter direct. That precepts, in the name of the Council and AiTembly, iigned by the Preiident of the Council and Speaker of the Houfe of Repre- fentativesy ihall iiflfue annually, at or before the firft day of November, for the choice of a Council aind Houfe of Reprefentatives, to be returned by the third Wcdnefday in December then next enfuing, in fuch manner as the Council and Afiembly (hall hereafter prefcribe. Jn the House g/'REPRESENfAtiVEs, Sept. ij, 1776. Voted and Refohed, THAT as any new towns or fettle- pieiTts in this State (hall increafe in their num-> ber of inhabitants from year to year, or from time to time, precepts fhall iflue for their fend- ing Delegates to Council and AfTembly, fo as to be fully reprefented, according to their num- bers, proportionable with other partsof the State. Sent up for concurrence, P. WHITE, Speaker, * In Council, Eodem Die, Read and concurred, E. THOMPSON, 5^^. Copy examined per E. THOMPSON, Sec. D2 ( 36 ) ^^ MASSACHUSETTS. A CONSTITUTION, OR FRAME OF GOVERNMENT, AGREED UPON BY THE DELEGATES OF THE PEOPLE OF THE STATE OF MASSACHU- SETTS-BAY, IN CONVENTION, BEGUN AND HELD AT CAMBRIDGE, ON THE FIRST OF SEPTEMBER, 1779, AND CONTINUED BY ADJOURNMENTS TO THE SECOND OF MARCH, 1780. PREAMBLE. ' THE end of the inflitution, maintenance and adminiftration of government is to fccure the exigence of the body-politic, to proted it, and to furnifli the individuals tvho compofe it, with the power of enjoying, in fafety and tranquility, their natural rights, and the bleflingsof life: and whenever thefe great objeds are not obtained, the people have a right to alter the government, and to take meafCires neceffary for their fafety, profperity and happinefs. The body-politic is formed by a voluntary afTociation of individuals > it is a focial com- padt. CONSTITUTION OF MASSACHUSETTS. 37 padk, by which the whole people covenants with each citizen, and each citizen with the whole people, that all fhall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a Conflitu- tion of Government, to provide for an equita- ble mode of making laws, as well as for an impartial interpretation and a faithful execu- tion of them, that every man may, at all times, find his fecurity in them. We, therefore, the people of MafTachufetts, acknowledging with grat-.ful hearts the good- nefs of the Great Legillator of the Univerfe, in affording us, in the courfe of his pro- vidence, an opportunity, deliberately and peaceably, without fraud, violence, or fur- prize, of entering into an original, explicit, and folemn compadt with each other; and pf forming a new Conflitution of Civil Govern- ment for ourfelves and poflerity ; and devout- ly imploring his direction in fo intereiling a defign, DO agree upon, ordain, and eflablifh, the following Declaration of ^'Rights, AND Frame of Government, as the Cojj- stitution op the commonwealth of Massachusetts. D 3 PART ( 3» ) P A R T I. A DECLARATION of RIGHTS^ O » T » E INHABITANTS OF THE COMMONWEALTIf OF MASSACHUSETTS. I. A L L men arc born free and equal, and have certain natural, eiTential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties j that of acquiring, poffefling, and protefting property ; in fine, that of feeking and obtaining their fafety and happinefs. II. It is the right as well as the duty of all men in fociety, publicly, and at ftated feafons» to worfliip the Supreme Being, the great Crea- tor and Preferver of the Univerfe. An^, no ^ubjeft fhall be hurt, molefted, or reftrained in his perfon, liberty, or eftate, for worfhip- ping God in the manner and feaibn moft agrees able to the di rifhes, precinds, and other bodies politic, or religious .focieties, to make fuitable provifion» at their own expence, for the inftitution of the public wor(hip of God, and for the fupport and maintenance of public ProteAant teachers of piety, religion, and morality, in all cafes where fuch proviiion fhall not be made vo*^ luntarily. And the people of this Commonwealth have alfo a right to, and do, invefl their legiflature with authority to enjoin upon all the fubjeds, an attendance upon the inftrudions of the pub- lic teachers as aforefaid, at dated times and feafons, if there be any on whofe inftrudlions D 4 ' they 40 CONSTITUTION OF MASSACHUSETTS, they can confcientioufly and conveniently at- t.en()* Provided Qotwithftanding, that the Teveral towns, parifhes, precindts, and other bodies- politic, or religious focieties, ihall, at all times^ have the exclufive right of electing their public teachers, and of contrading with ihcm for their fupport and maintenance. And all monies paid by the fubjedt to the fupport of public worfhip, and of the public teachers aforefaid, ihall, if he require it, be uniformly applied to the fupport of the pub- lic teacher or teachers of his pwn religious fefl: pr denomination, provided there be any on whofe inftrudlions he attends ; otherwife it may be paid towards the fupport of the teacher or teachers of the pari{h or precindl in which the faid monies are raifed. And every denomination of Chriftians de- meaning themfelves peaceably, and as good fubjed^s of the Commonwealth, (hall be equal- ly under the protection of the law : and no fubordinatipn of any one feft or denomination to another fhall ever be eftabliftied by law. IV. The people of this Common wealth have the fole and exclufive right of governing them- felves CONSTITUTION OF MASSACHaSETTS. 41 felves as a Free, SoYereign, and Independent State; and do, and for ever hereafter fhalh exercife and enjoy every power, jurifdidion, and right, which is not, or may not hereafter, be by them exprefly delegated to the United States of America, in Congrefs aiTembled. V. All power refiding originally in the peo- pie, and being derived from them, the feveral magiflrates and officers of government, vefled with authority, whether legiflative, executive, or judicial, are their fubilitutes and agents, and are at all times accountable to them. VI. No man, or corporation, or aflbciation of men, have any other title to obtain advan- tages, or particular and exclufive privileges, diftindt from thofe of the community, than what arifes from the confideration of fervices rendered to the public ; and this title being in nature neither hereditary nor tranfmiffible to children, or descendants, or relations by blood, the idea of a ftian born a magidrate, lawgiver, pr judgp, is abfurd and unnatural. VII. Government is inftituted for the com- mon good 5 for the pro^edion, fafety, prof- perity, and happinefs of the people; and not for the profit, honour, or private intereft of 42 CONSTITUTION OP MASSACHUSETTS. of any one man, family, or claft of men : therefore, the people alone have an incontef- tible, unalienable, and indefeaiible right to in<' (litute government; and to reform, alter, or totally change the fame, when their protec- tion, fafety, profpcrity, and happinefs re- quire it. VIII. In order to prevent thofc who arc veftcd with authority from becoming oppref- fors, the people have a right, at fuch periods, and in fuch manner as they fhall eilablifh by their Frame of Government, to cauic their public officers to return to private Irfe ; and to £11 up vacant places by certain and regular ele(flions and appointments. IX. All eledions ought to be free, and all the inhabitants of this Commonwealth, having fuch qualifications as they fhall eilablifh by their Frame of Government, have an equal right to elc(5l officers, and to be clcflcd for public employments. X. Each individual of the fbciety lias a right to be protedled by it, in the enjoyment of his life, liberty, and property, according to (land- ing laws. He is obliged, confequently, to contribute his fliarc to the cxpence of this prote(ftioii ; CONSTITUTIOV OP MASSACHUSETTS. 43 prote(5lion ; to give his perfonal fervlce, or an equivalent, when neccflary : but no part of the property of any individual can, with juf- tice, be taken from him, or applied to public ufcs, without his own confent or that of the rcprcfentative body of the people: in fine, the people of this Commonwealth are not con- troulable by any other laws than thofe to which their conflitutional reprefentative body have given their confent. And whenever the public exigencies require that the property of any individual (hould be appropriated to pub- lic ufcs, he fhall receive a reafonable compen* fation therefor. XI. Every fubjedt of the Commonwealth ought to find a certain remedy, by having rc- courfc to the laws for all injuries or wrongs which he may receive in his perfon, property; or charadter. He ought to obtain right and juftice freely, and without being obliged to purchafc it j compleatly, and without any de- nial; promptly, and without delay j conform- ably to the laws. XII. No fubjea (hall be held to anfwer for any crime or offence, until the fame is fully and plainly, fubftantially and formally, defcribed to 44 CONSTITUTION OF MTASSACHUSETTS. to him i or be compelled to accufc, or furniili evidence againft himfelf. And every fubjedt (hall have a right to produce all proofs that may be favourable to him ; to meet the wit- nefles againfl him face to hce, and to be fully heard in his defence by himfelf or his coun- fcl, at his eledion. And no fubje(ft ihall be arrefled, imprifoned^ defpoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or eftate, but by the judgment of his peers, or the law of the land. And the legi{]ature (hall not make any law> that fliall fubjc to be exercifed in fuch par- ticular cafes only ^s the legiflature (hall ex- prefly pnoViid^ for^ XXI' .'E^>®.fr'c^*^^ of deliberation, fpeech, and debate, in either Houfe of the ^.egiflature, is fo eiTential to the rights of the people, that it ^^Ortpt h^'theJbundationof any accufation or profecutiop, a(5tion or complaint, in any pther court or place whatfoevcr. XXII. The legiflature ought frequently to afTemble for the redrefs of grievances, for cor^ reding, ftrengthening, and confirming the laws, and for making new laws, as the com- moii good may require. XXIII. No fubfidy, charge, tax, impoft, or duties, ought to be eflablifhed, fixed, laid, or levied, under any pretext whatfoever, with- out the confent of the people, or their repre- fentatives in th© legiflature. XXIV. Laws made to punifh for adions done before the exiftence of fuch laws, and which have not been declared crimes by pre- ceding laws, Ofte unjuft, opprcflive, and ir,^ confident 48 CONSTITUTION OF MASSACHUSETTS. confiftenit with the fundamental principles of a free government. XXV. No fubjcdl ought, in any cafe, of in any time, to be declared guilty of treafon or felony by the legiilature. XXVI. No magiftrate or court of law fhall demand cxceffive bail or fureties, impofe exceffive fines, or inflidt cruel or unufual pu- nifhments. XXVII. 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 no* to be made but by the civil magr'^rate, in a manner ordained by the legiflature. XXVIII. No perfon can in any cafe be fubjedtcd to law-martial, or to any penalties or pains by virtue of that law, except thofe employed in the army or navy, and except the militia in adtual fervice, but by authority of the legiflature. XXIX. It is eflential to the prefervation of the rights of every individual, his life, liberty, property, and charadter, that there be an im- partial interpretation of the laws, and ad- miniftration of juftice. It is the right of every citizen CONSTITUTION OF MASSACHUSETTSi 49 citizen to be tried by Judges as free, imp^rtiali and independent, as the lot of humanity will admit. It is, therefore, not only the beft po- licy, but for the fecurity of the rigjits of the people, and of every citizen, that the Judges of the fupreme judicial court ihould hbld their offices as long as they behave them felveS well > and that they fhould have honourable fala- ries, afcertained and eftablifhed by ftanding^ laws. XXX. In the government of this Common- wealth, the legiflative department fliall never ex- ercifethe executive and judicial powers, or either of them J the executive fliall never exercife the legiflative and judicial powers, or either of themj the judicial ft all never exercife thd legiflativ6 and executive powers, or either of them 5 to the end it may be a government of laws« and not of men. E PART so COMSTltUTlON Ot MASSACHUSETTS^- PA R T It. THE F It A M £ OF G O V E H N M E N T. ft * t^jT^HE people inhabiting the territory for- JL merly called the Province of Maflachu- (etts-Bay do hereby folemnly and mutually agree with each other, to form themfelves into a Free, Sovereign, and Independent Body- politic or State, by the name of The Com- monwealth OF Massachusetts. CHAP. I. The LEGISLATIVE POWER. . §. I. the genbral court. I. T H E department of legiflation (hall be formed by two branches, a Senate, and House OF Representatives, each of which fhall have a negative on the other. The legiflative body fhall aflcmble every year on the laft Wednefday in May, and at fuch other timos as they ihall judge necelTary ; and Khali procee But if of the Aall, n to pafs objetflio Jegiflatt and if CONSTIT^UTION OF MASSACHUSETTS, ^t Hiall difTolve and be diffolved on the day next Preceding the faid laft Wcdnefday in May ; and fhall be Ailed The General Court of Mas- lACHUSETTS. II, No bill or refolve of the Senate or Houfe of Reprefentatives (hall become a law, and have force as fuch, until it (hall have been laid before the Governor for his revifal -, and if he, upon fuch rcvifion, approve thereof, he fhall fignify his approbation by figning the fame. But if he have any objection to the pa(fing of fuch bill or refolve, he fhall return the fame, together with his objedions thereto, in writing, to the Senate or Houfe of Reprefentatives, in which-foever the fame fhall have originated -, who fhall enter the obje£^ions fent down by the Governor at large on their records, and proceed to reconfider the faid bill or refolve. But if after fuch reconfideratlon, two-thirds of the faid Senate or Houfe of Reprefentatives fhall, not with (landing the faid objections, agree to pafs the fame, it fhall, together with the obje^ions, be fent to the other branch of the legiflature, where it fhall alfo be reconfidered, and if approved by two- thirds of the Mem- E 3 ' bers St CONSTITUTION OF MASSACHUSETTS. bers prefent, it fhall have the force of a law. fiut in all fuch cafes, the votes of both Houfes ihall be determined by yeas and nays ; and the names of the perfons voting for or againft the faid bill or refolve, fhall be entered upon the public records of the Commonwealth. And in order to prevent unneceiTary debys, if any bill or refolve (hall not be returned by the Governor within five days after it ihall have been prefented, the fame fhall have the force of a law. III. The General Court fhall for ever have fqll power and authority to ered: and confti- tute judicatories and courts of record, or other courts, to be held in the name of the Com- monwealth, for the hearing, trying, and deter- mining of all manner of crimes, offences, pleas, procefTes, plaints, actions, matters, caufcs, and things whatfoever, arifing or hap- pening within the Commonwealth, or be- tween or concerning perfons inhabiting, or re- fiding, or brought within the fame, whether the fame be criminal or civil, or whether the faid crimes be capital or not capital, and whcr ther the faid pleas be real, perfonal, or mixed) «nd for the awarding and making out of exe- cution rs. law. oufes d the < ft the mthc leUys, led by : fhall ve the ;r have confti- othci: Com- detcr- Fences, latters, )r hap- lor be- orrc- ^hcther ler the whcr tixed; )f exe- cution CONSTITUTION OF' MASSACHUSETTS. 53 cution thereupon : to which courts and judi- catories are hereby given and granted full pow-* er and authority from time to time to admi- nifter oaths or affirmations, for the better dif- covery of truth in any matter in controverfy or depending before them. IV. And further, full power and authority are hereby given and granted to the faid General Court from time to time to make^ ordain, and eftablifli, all manner of wholefome and reafonablor orders, laws, ftatutes and ordinances, directions and inftrudions, either with penalties or with- out, fo as the fame be not repugnant or con- trary to this Conftitution, as they (hall j udge to be for the good and welfare of this Commonwealth, andfor thcgovernmcntandordering thereof and of the fubjedts of the fame, and for the neceffary fupport and defence of the government thereof 5 and to name and fettle annually, di* provide by fixed laws, for the naming and fettlinff all civil ■ ■, • . 'I j J' J" . ' officers within th6 faid Coipihonwealth, the eledtion and conftitution of whoni are not here- after in this form of gQvernmcnt othcrwife pro- vided for; and to fet forth the feV^ra) duties^ pbwets, and limits, of the fcVefal civil and E 3 military 54 CONSTITUTION OF MASSACHUSETTS. military officers of this Commonwealth, and the forms of fuch oaths or affirmations as fiiall be refpedtively adminiflered unto them for the execution of their feveral offices and places^ To as the fame be not repugnant or contrary to this Conflitution ; and to impofe and levy pro- poruonal and reafonable afTefTmentSy rates* and taxes* upon all the inhabitants of, and per* fons refident, and eflates lying within the faid Commonwealth ; and alfo to impofe and levy reafonable duties and excifes upon any produce* goods, wares* merchandizes* and commodities whatfoever* brought into* produced* manu* fatSturedf or being within the fame* to be iiTued and difpofcd of by warrant under the hand of the Governor of this Commonwealth for the time being? with the advice and confent of the Coun- cil* for the public fervice, in the neccfla^y de» fence and fupport of the government of the faid CommonweaUh* and the protedion and prefer- vation of the fubjedts thiereof, {Recording to fuch adts as are or fhall be in force within the fame. And while the public charges of ^pyern- ment* or any part thereof*, ihall be aiTeflcd on polls ^d eifates, in the n^anner that has hither- 1 ■ ,." ! i itt! 3 I') to COVQTiTUTlOH OF MASSACHUSETTS. 55 to Veen pradifed fU\ order that fuch afieiT- meAta Qiay be a^^dp yflxk equality, there (hall be a valpfitlon of «;^i4ea within the Common- wealth taken anew f^jce in everjr ten years at Court (hall order. / , -notn frii^^ r »*}!)' \Vi'' 'vf^ .' A\ • ^ 1 ■' • \ v^tj»4-i-i ilL • :.>liJ ,-J- 2. rf -f'ni liHi; r-; :C s EN A T «'. , f .'.Y I. THERE Aall beaannally dededby thefree.!. holders and other inhabitants of this Cornxxum" wealth, qualified as in this Con(Utution is pr0f> vided« forty perfons to be Councillors and 3e-> nators for the year enfuing their eledtion« to be ch^fen by the inhabitants of the diAridts into which the Commonwealth may ff om time to time be dividcjd by the Genenil Court for that . purpofe. And the General Court, in af^gfiing the numbers to be eleded by the refpedbive diftridts, (hall govern themfclves by the proportion of the public taxes paid by the faid di»ri6ts; and timely make known to the inhabitants of the Commonwealtjl, the limits of IMAGE EVALUATION TEST TARGET (MT-3) /> ^' 4*« 1.0 I.I 1^ 2.2 ■At 128 Z 1^0 12.0 u HA ,. V^V-'^ ^ 6" ► FhotogFaiJiic Sciences Corporation 23 WIST H^IN STREET WEBSTER, N.Y. I4SE0 (716) 172-4503 *1% 4^ tech'diibiA, ind the niMibier of Coulidrion k*ict*Sehitof8 t6 be iihofehthei^inr' provided thiatt'the liuthb^i- of fudi diftrias (hall be never Icfs than ' ^ii^cn, and^ tiiaV tio diftrfft be fo tiijge as tb^eiititte theianitr^ chiiib n^th^ px Senators. *"^"''';^ ^ -'^ '^^"^ ■' ^ And the ieveral counties in this Common- wealth ihall, until the General Court fhall de« termine it necefTary *t6 alter the faid diilri^S| be diftrids for cho^^e pf Councillors and Sena- tors (except that the counties of Dukes-county laid N^tieja^ fiyrth Bnediftri€lf fbr t|i^^ l^tjpbteji^afitid' ihall ^^^ iiuh^ fe^lCbotidltors^and Sc^atbrs, fe^*^^^^ ^^^'• 'J/f Suffolk Six Y5rk ^ Two Dukes-couqty " i arid Nantiickct J IVIiddlefex Five " prymbutfi, 'three 'Barnftable ^ One Bnfto} , Three 5;!A^-i 7k^ ???^f*^^^^? j^^.:*^ ^rft brappK qf . t^y: Ii^g^^^ijirf i. and the Scfjatprs iha^ be chpfcn 4n the fgllov^bg mariner, viz. TWc ihaP be a meeting on the lirft Monday in April apnualiy, forever ^'prccfter Cumberland Lincoln '^ ■ ■,■■'.. ■< . • Herkihire 1 ! J • } I Five Onb ' CONSTItUtlON OF MArgACtttUStr'TS. 57 fbrcvcr, of the iiihabitartts cjf each tourn lit the fe\reral <:ounties^f this Commonwealth, to be^ called by tlve •Selectmen, and warned in- due courfe ofkw^ at ledft feven days befoi% the> firft Monday in April, for the purpofe ofekdt-s ihg perfbns to be Senators and Cotinciltord :^ and at fuch meetings every male inhabitant 6^ twenty -one years of age and upwards, having al freehold eflate within the Commonweal tk of- the annual income of three pounds, or "^y^ eilate of the value of fixty potinds; fhallhavb^ a right to give in his vbte fbr'thid'Sehatoiei fbr' the diftri^t of which he is'^h Inhabiiaht. 'Aiicl^ J •!' to remove all doubts conderhihg t"h^ AifciMAg' of the word " inhabitant," in thfs CdnfliitUtfiiti^ every perfon (hall be coftfidered as ati ihhatti^ tant, for the purfofd 6f ekaing and^ feffi^*^ eleAed into any office or place within^ thii State, in that town, di(tridt, or ptantaitibny where he dwelleth, or hath his home. ^ The Seleanicn of the Several tbwn6 fliall ^fi- iide at fuch meetings impartially ; and ihalF receive the Votes of all the inhabitants of fuch towns prefent and qualified to vote for Senators, and (hall fort and count them in open town«» meeting, and in prefence of the town-clerk, who (hall make a fair record, in prefence of thc^ Seledt- SfljectfUcQ* an4 in laptn town ^meeting, pf tftc^ mutneof. eTer}r|>Qrioairotedfbrt mid of the lmm«^i^ ber o£ votes ag^iiiA )m nim9i mi a Air jpo^y^ of thss record iball be ^ttedcd hyihe Selectm«it> and the Town-f;kfk, ^d ib4l be %k4 up, ^t; rectedi to the ^cr^mry of the Cpi^inQii weakly- l^f .the time being, with a fuperiicription ex^ prefiing the purport of the contents thereof, « apd delivered by the tqwn-cterk of fuch tawj)^^ tp , the 4heri^of 4he c^iunty ii^ whif^h ^fuch town. ]ij^,>l^irt]i[ dif s ,9f,}ea(^ before the laft Wedncf^ day in Ms\y annp^ly f ^''^ \^ ^!^ be delivered; lje|«fe;ri»«e fa(^ l^ )y^4nefciay in M^ il^iffJ^tfj^adK ipVO^ ^^J^ dpliivcr.^11 iugh cer- tifies^ )^ . b^ . mh^i ^?9 *^ ?^f^tary; s, f voting, fpr iCouftcillprs, and Senators li^ the pUntationiSiwhsfie they reOdl?* ^s.,tpw;iinfe^i bihuits haxre in their refped^ivp liQwns i and thet plantation meetings for that purpofe (hall bo^ "b^ihl held CO^f STIlPPJTjtpN OF MASS ACHtJSETTS. 59 held annually; on the faine firft Monday ii| iVoril, at fuch place in the plantations refocc^ tively as the afleflbrs thereof fljall direct j which ai&fTors (hall have like authority for notimpff the eledors, colleding anjd returQih|; the votes, as the Selcdftmen and town-clerk's have in theii: feveral .town§ hy this Cpnilitution.. And all other p^rlons living in places unincorppratctd (qualified as aforefaid) who (Hall he afleded to the fupport of government hy the a^flbrs of ar^ adjacent town, fhall have the privilege of giving in their votes for Councillors and Senators, ia the town where they fhall be aiTefled,^ and b^ notified of the place oi 'meeting by the^eld^a men of the town where they ihall be a&fled| for that purppife accordingly. v^v ' ' III. And that there may be a, due Convefi* tion of Senators on the laft Wednefday in fttay annually, the Governor and^jfivp of the,(^un9ii for the time bcmg ihall, as ioon as niay bd. examine the returned copies of fuch records; and fourteen days before the faid day he (hall iffue his funimons to fuch perfons as (hall apf pear to be chofcnby the majority of voters, to ^tt^nd 0^ ^ti^t day and takp their feats accord^ ipily i provided nevmhelefs^ that for the fi^ (So CONSTITUTION OF MA8SA<:HUSETTS. year the /aid t'etiirndd copies (Hall be examined by the Prefident add five of the Council otSit former Conilituribn of Government ; and the fai(l t^refident (hall, in like manner, iiTue hts fungimons to the perfons fo eledied, that they may take their feats as aforefaid. ; IV. The Senate {hall be the final judge of the; elections, returns, and qualifications of their oj jo^:..> ^ • •*,■,:, ^ •,) own members, as pointed out in the Conflitti- * . < : I > ■ / Jl" ; t ■ .» L ■ > ... w . -■ ■ Jii tion 1 and ihall, oh the faid laid WednCfday in May annually, determine and declare who are ele^ed by each diflrift to be Senators by a ma« jority. of votes : and in cafe there ihall not ap- pear to be the full number of Senators elected by a majority of votes for any djftridt, the de- ficiency (hall be fppplied in the fpllowing mgn- tviz. ThjB Members of the Houfe of Re- in j^i'T^jiititi^^! ',;: -'J -'^-^-^-I'-ti « ■ f-' mtafives, and Aich Senators as wall be de- clarea eledted, Aall take the nam^s of fuch perr |bns as fhall be found to have the higheft num- ber oi votes in fuch di(tri(ft, and not elected, amounting to twice the number of Senators Wintirigi if there be fo many voted for ; and btit xJF^thcjfe ihiil yiect by ballot a number of Siliatbrs'fafficient ltd fill up the vacancies in fuCh ifMrf(^: "^and iii tfiis'^nianhef all fuch Vacanc^s -"'"'l Aall CONSTITUTION OF MASSACHUSETTS. 6i, (hall be filled in every diftrift of ^he Common^ wealth i and in like manner all vacancies in the Senate, arifing by death, removal out of the State, or otherwife, ihall be fupplied as foon as may be, after fuch vacancies (hall happen. V. Provided neverthelefs, that no perlbn {hall be capable of being elc^ed as a Senator,, who is not feized in his own right of a freehold within this Commonwealth of the value of three hundred pounds at leafl, or pofTefTed of perfonal eflate to the value of fix hundred pounds at lead, or of both to the amount of the fame fum, and who has not been an inhabitant of ^his Commonwealth for the fpace of five years immediately preceding his election, and at the time of his ele£tion he fhall be an inhabitant in the diftridt for which he fhall be chofen. VI. The Senate fliall have power to adjourn themfclves, provided fuch adjournments do not exceed two days at a time. VII. The Senate fhall chufe its own Prcfi- dent, appoint its own officers, and determine its own rules of proceedings. ' VIII. The Senate fhall be a court with full authority to hear and determine all impeach- ments xtiade by the Houfe of Reprefentatives againfl 6 CONSTITtrTIOM Ot MAsiAcrftSETTl agaihft any officer or officers of the Common- wealthy for mifconduA and mal-adminiftration in their offices. But previous to the trial of every impeachment, the Members of the Se- nate (hall refpedively be fworn, truly and im« partially to try and determine the charge in queftion according to evidence. Their judg- ikienty however, (hall not extend further than to removal from office, and difqualification to hold or enjoy any place of honour, truft, or profit, under this Commonwealth : but the party fo convi^ed fhall be, neverthelefs, liable to in- di^ment, trial, judgment, and punishment, ac- cording to the laws of the land. .IX. Not lefs than iixteen Members of the Senate (hall conflitute a Quorum for doing bufinefs. §3- n I 7 HOUSE or REPRESE NT A Tl VES. I. THERE (hall be in the legiflature of this Commonwealth a Reprefentation of the People, annually elected, and founded lyon the prin- ciple of equality. * * II. And » Ihis )le, rin- Constitution oFMASSACBUSETXSc^i IL And in order to proridc lor a RepreftHI^ tion of the Citizens of this ComtnonweaXth founded on the principle 6f equality^ ewecy corporate town containing one hundred a^d Hfty rateable polls, may eleft oneReprerentativci •every corporate town containing three hundred and feventy-five rateable poUst may eleditwo Reprefentatives: every corporate town contain** ing fix hundred rateable polls* may eled three Reprefentatives 3 and proceeding in that manner^ making two hundred and twenty-five rateable polls the mean increafing number for every ad<^' ditional Reprefentative. Provided nevertheleis, that each town now incorporated not having one hundred and fifty i^teable polls, may elect one Reprefentative : but no place (hall hereafter be incorporated with the privilege of electing a Reprefentative. unlefs there are within the fame one hundred and fifty rateable polls. And the Houfe of Reprefentatives ihall have power from time to time to impofe fines upon fuch towns as (hall neglect to chufe and return Members to the fame* agreeably to this Confti- tution. Theexpences of travelling to the General Afiembly* #4 CCmSTITUTION OF MASSACHV8ETTS. Aifemblj» and returning home once in eveiy ibflion and no more, /hall be paid by the Go- vernment out of the public treafury, to every Member who fhall attend as feafonably a» he can, in the judgment of the Houfe« and doet not depart without leave. III. Every Member of the Houfe of Repre- ientatives ihall be chofen by written votes ; and for one year at leaft next preceding his election, ihall have been an inhabitant of, and have been feized in his Own right of a freehold of the va- lue of one hundred pounds within the town he ihall be chofen to reprefent, or any rateable eflate to the^ue of two hundred pounds j and heihall ceafe to reprefent the faid town, imme- diately on his ceafing to be qualified as afore- faiij. ' , tV. Every male pcrfon, being twenty-one years of age, and reiident in any particular town in this Commonwealth for the Ipace of one year next preceding, having a freehold eflate within the fame town of the annual in- come of three pounds, or any eflate of the value of fixty pounds, (hall have a right to vote in the choice of a Reprefentati\^e or Reprefentativet for the faid town. • V. The tatjy« aljj^p andlrii yii. Houie may on other hi viri. have po^ fuch adj a tiqie. IX. Houfe Quorum X. Tl the judge cations oi theConft: apf^dinttl ihadi'derj They (hal y^ The Mm^n of t)ie Houfc of Rcprcfcn^ tatim flisll be chofen' annually m the month of l^ay* ten daye at Icaft before the laft Wcd- ncfiiif of that month. . yj;. Thp Houfc of Rcprcfcntatives ijiall be the $v^i ioq.uefl of this Commonwealth j and alji i^peachment9 made by them (hall be heard and tried by the Senate. YII. All money-bills fhall originate in the Houfe of Reprefentatives ; but the Senate may proppfe or concur with amendments as on other bills. Vin. The Houfe of Reprefentatives fliall have power to adjourn themfelves, provided fuch adjournment (hall not exceed two days at a time. IX. Not lefs than fixty Members of the Houfe of Reprefentatives (hall conftituie a Quorum for doing bufinefs. X. The Houfe of Reprefentatives (hall be the judge of the returns, eledtions, and qualifi- cations of its own Members, as pointed out in the Conftitution j ihall chufe their own Speaker, appfdiht thc^ir t>wn officers, and fettle the rules anci drders of proceeding in their own Houie. They (hall have authority to puni(h by impri- F fonff^ent 46 CONSTlTVftlOK OT MASSACHUSETTS. ronment every perion, not a Member, who fliall ht guilty of difrefpedl to the Houfe,* by any diibrderly or contemptuous behaviour in its prefence $ or who, in the town where the Gcf^ neral Court is fitting, and during the time of its fitting, ihall threaten harm to the body or eftate of any of its Members, for any thing faid or done in the Houfe i or who (hall afi^ult any of them therefor, and who (hall afiault or arreft any witnefs or other perfon ordered to attend the Houfe, in his way in going or re-i turning, or who (hall refcue any perfon arreiled by the order of the Houfe. And no Member of the Houfe of Reprefen- tatives (hall be arreted or held to bail on mefne procefs, during his going unto, returningfrom, or his attending the General A(rcmbly. XI. The Senate (hall have the fame powers in the like cafes ; and the Governor and Coun- cil (hall have the fame authority to puni(h in like cafes. Provided, that no imprifonment on the warrant or order of the Governor, Council, Senate, or Houfe t>f Reprefentatives, for either of theabove-delcribed offences, be fyr a term exceeding thirty d^s. And At tives their whid rity t their ( they n I. T tive ma^ VERNOR SACHUSl EXCELL 11. T and no unlefs at been an i feven ye fljall, at CONSTITUTION OF MASSACHUSETTS. 67 And the Senate and Houfe of Reprefenta-. tivet may try» and determine^ all cafes where their rights and privileges are concerned^ and which, hy the Con(litution» they have autho- rity to try and determine, hy committees of their own members, or in fuch other way as t\iey may refpe^vely think heft. C H A P. II. EXECUTIVE POWER, O O ▼ S R N O ^R. I. THERE (hall be a fupreme execu* tive magiftrate, who (hall be fliled. The Go- vernor OP THE Commonwealth op Mas- sachusetts ; and whofe title ihall be. His Excellency. II. The Governor (hall be chofen annually : and no perfon fhall be eligible to this office, unlefs at the time of his eledtion he (hall have been an inhabitant of this Commonwealth for feven years next preceding; and unlefs he il^all, at the fame time, be feized in his owa Fa right' 6i cojiSttftjfroNol kAisi!ACijeiE*ti. rjght of a freetiold within the Cbmixib^ W^h of the value of one thbufancl pounds ; atod unlefs he ihall declare himlTdf Ike ht of th6 i^hrlftian religion. III. Thofe perfons who fhall be qualified to vote for Senators and Repreientatives within the feveral towns of this Commonwealth^ ihalU at a meeting to be called /or that pur- pofe» on the firfl:- Monday of April annually, give in their Votes for a Governor^ to the Se- leAmen who ihall prefide at fuch meetings ; and the town-clerk, in the prefence, and with the adiflance of the Seledtmen, ftall, in open town-meeting, fort and count the votes, and form a lift of the perfons voted for, with th« Hijniber of votes for each pcrfon againft his name ; and ihatl make a fair record of the fame in the town-booksj and a public, decla- ration thereof in the faid meeting; and (hall* in the prefence of the inhabitants, feal up co- pies of the faid lift, attefted by him and the Se* ledmen, and tranfmit the fame to the ftierifF of the county, thirty days at leaft before the laft Wednefday in May -, and the IlierifF fljall tranf- mit the fame to th^ Secretary's office, £c\tn' teen days at leaft before the faid laft Wednef- day • ei^ativc9ihalJ«;.Jp^;bflJil4>t, f)ff^ q(Mr» out of four perfoos wk^:);^: ^e [b^bf^ number of vot;es; ^t ^ ajtiaoyib^ b|i^^ f|p(^n votiedfor; but, if xitJierwi^t^ e^$ qf . tbf ipfui^- ber voted for> aadnudce raturo to (b^ t$c^«f e' 1^ titc two pef&faf ib ^fi&x/^i m ?fbf^?!#c :Senate ffaoil poceed» by ba|W» sfp 4ed paf » who ilwll be 4«cisu»d Qoi/wri^rf ; [, iV. TheObvernor (hall Ihoee a^tfeorjiiyjr^pi timetotime^ «t hU4iitoti6n, to a^ik^bj^ju^ci call -together the Councillors iif iJbi^; Q^fH- monwealth for th^^me beiog'j^aad tho iQp- vcrnor, with tl^^lM Coundlloi^, or fij^ of them at leaft, ^dl, and may, ^from iime ito tim.j^9|ife§. w;ltj^ vjf^^^ to the 4icqcffity, ex- pediency, or time gf adjoumaicnt or proro-^ gation, the QovernQr. with the advice of the' Cp^ilfCi}^ A^U have a ri|;ht to adjourn or pro* rogue tt^e General Cpurt, not exceeding ninety cjajn, j^-he, fli^ll deterojine the public good ijijallrccjuirc. YJfU The Governof of this Commonwealth for (he l^imQ bei^g O^all be the CommandCf in Chief of the, army and na.vy, and of all the i^Jitary forces of the State by f ca and IjUidl in4 ihall havefulj power by himfelf, or, by any Commander* or other pi|icer or Q^^ cersi from, time to time to tr^in« inftrudt, exsrcife.ftnd govern the militia nind navy, and for the fpcjcial defence and fafety of the Coqei*. monwealth, to affemble in martial array, and put in warlike pofture, the inhabitants thereof ; and to lead and coo4u^ them* and with them to encounter, repel, reiift, expfl, and purfuc, by forci^of arms, as w^U by fea as by land, within or without tbQ liipits of thij, C^mn^on* ^vealth } md alfo to Jcill, (lay, and dP^rpy, if neceQary, and CQoquejr, by a)! fitting ways, ^terprizcsi and means wha^oeyej:, all and F 4 every 71 COMStrnJlTOM OF MA$8Aeii68trt^ every fach petfbn stnd p(;tfon$ ^{hilli %i^^y time heittftei'i U ihpO^ iAxUntr Mt^tt^ or tttUrpHii^ iiit iid^ii^^ ment, or Itinoyanqe pf tMr €ui(jii n b riw diitli> and totki^ ^ndexercifcidv^rthe a^myaildtt&V^° afiil over the tdilitla in k^M lbfV(b«^; xht UiiH' martial, in time of waror inV^n^ atid'liltb in time of rebellion, declared by the'le|;fl)!aiui^ to exift, ^ occaHon fiM ntc^^tilf 'reqdi^e | and te itake Ind \\irpfiAi by all ways l»i|ld %iH^Ds iVftaifoeVtr, all and tdVfcry-fiiieb perfohW^iici*^ foHs, 'vKth thdt diip^, ai^s^ ^mihutiMtl»i^ aMd dthqr ^bd!s,>-as Ihall' k Ma hbilflld 'ftiiiiner mva^e, t>r ^tte^pt ^he In^^ihg) 06>n^U(sHnfj or ajtin^yii^ this Cdtt^Mo^WaaUh^'^anll liiat die Goveriidt be entraflid Mtk j^lt ifhei&ioxd other ^o^ris iriieident to thtt offices of <<2apiiiia»- gener4 and Commander in Chiefs and Adtniral, to be e^rcifed agreeably to the rules aadiregu? |atio|is jbif the Conllittttio¥i^ i^d the l«w$ of th<» }andy and fiot otherwise, t i. aiiDQii:;^ v^a Provided, diatthefaid Governor ihaUheti^ at any f tihe hereaftei^^ by virtue of atny fwim f>y thi^ (DotiAitut$on gra&ted, or hervafto^ «oilfent of thti Geaeral Jpofift^ except ffo {£11^ '«8 may be nece^Guy to Ji^^cli^ Ihitirpoiil wikefn by lan4 M w^ter ^or tb^^i^ ishce of inch part of th^ State to ^hieh, ihgf fcannpt otherwiie conve^icw^/ have acce^s> i _^ VW. TM power of pardoning offw^^^- jqept fuch^s pcrfon* may bjpi^oByi^^, pf^-^efo^ -M^e; Senate by an impeachmeqt of the i|[o^» jQiall be irf-tl^ Gpvernoij,. by and with tb<;^94- vice of the Council : but no jijrhartcr of p^^kyi granted rby the Governor; with advice of the CMpuAcil) before convi^ion, n^all avail t|kep^r- jty pleading the fame, notwithftanding j9|Q|^ ge- neral or|!articular expreffions xon^aineid .^^1:9- it^ deicnptiye- of tb^[^ offence or ofienoee^m- tended lo bfe /piajB4o;iedj^;;. . .^,^^ 4i; JX. A^jtidifcialoiicerj^g U^ea^torne^-|;c^or, ^hd^ fli^H d^-r l^mHie their rank* cv::d: . xjiv ' '^l^he Icgiflatnre ihall, by ftantiing laws*, di. i^d tlic time and manner of convening thiQ iots, artd of colle^ng votes;' ' stnd of certify- to the Gbvernor the officers cie^lodw ^ "^' Ifhe major-generals flxall bcappointedby the Senate and Houfe of Reprefen^tatives, each hav- 'fiirj^^iiiegative updh the other i and fale commif-* fioned by the Governor. J^iJi;^ii^ And if the ele&ors of brigaditrs, field-officers, ^^ptains, or fubaltems, (hall nbgle^ or refufo tii' makefuch elections; after being duty noti^ fied; liccording to the laws for th^ time beings then. the Governor, with advice of Coikncil, ihall appoint fuitable perfons to fill'< fnch offices. And And no officer, duly cdmmi6lDped lo cbokmi mind in thC' militia, ihall be removed firosat his office, but by the addrefs.of.'both Houfer to the Governor, or by fair trial in . courtHxnsua tial, purAiant to the laws of the C^ommonwealdi for the time being. , ^ The commanding officers of regiments (hall appoint their adjutants and quarter-mailefi^ j the brigadiers their brigade^ma^brs r atid «ho major-generals their aids i-iiiiiJ the Crdyernor fhiW appoint the adjutant-general. i^n^rj The Governor, with advice 6f Council^ (kail Appoint all officers of the continental attty; whom by the confederation of the Unfij^ States it is proVidtd that this* Oommonwedltli fhall appoint, as alfo all cheers of forts^a^ •garrifons. ' "'' ^-'- ''' '^^^^^^^'^ ^"---^ ^' ^iii The divifiohs of the' militia into brigitjldii regiments and cbmpanits,^ ttiade lb purfuaiici^ of the militia'laws now in ifbf^, diall be cfoii- Bdered as tHe prbpibr diVifibns of the militia of this Comaipinwealth, until the famefhaU^bd filtered in puriuanc^ of foinelfutureilaW^ ' ^- ;•'•••• ^ ■ • •■ ;■ • ■ . • --I ^If JKo m^ies (hall be iflued out of the ' ■ ' . , .. , ^ . treasury ^f ^his Commonwealth, and dirpqfed 9f (e:)ccept fuch fums as may be appropriated for H^ CPNiTlTCTIOK OP MASSACHUSETTS. lbill»ml«niption of bHli of ci;Qdu or tr^^itrcrs potoi, nr ^ the paymcat of. intf mftf ^ti6ng ^ccdii) iurbjrwarxant. under tb^)|and of.tbfi Gorerflor fbr:theitim being, ^'vi^lh tbc advice MOimn&nt of the. CowjciU for Ibip iHscefl^ry defence and fupport of the Caii>p[ip,nweaUl^ ; itkdifor the proftdion and prc^mation of the fohiliitfMits thereof i^r^^4% ,(9 ^h^ s£^s an4 toT^lVfrof l;be Qeneral fio^tU .^j^^^ _ , , * r^ f,;XUt M :puWic.bq^Fd^,^^c coq^^ general, all .(\iperiatQodiQ|; pfficcf^ of pq|:}l^<; H^^ip^and ft«»^f^ b^n^if^.^o this Com* H^f^i^efiil^,^^ a^d ,alj, poa^maA^^in^ offipers p^ IWRgJHi^^^ tJ^c^u^jtig/ number^ ^U4-. lity and kind of .each, as particularly as may be ;^ together with the condition of fucn forts ink ^ari-ifeiis V^nd the iaid fcbttihianaing'of. ^t ihatt^exKltit to the GoVemtif, ^hcii r c*- ^r> bon red qiitred ^ him, triie and eifafl plains . qC Aich fortSf and of the Und tnd fcAi or habour or hart hours adjacent. .., And the (aid bbirdfi and all pQblic oS^qers. fliall commumcate to the Governor, a$fooa|i^ may foe aftdri^cdvin^ theraii)e,alLlettc;if9, dif* patches, and.ifKel^gence of a pubjtc natui«^ which (hall be directed to them refpedively* XIII. As the public good requires that the Governor ihould not be under the undue influence of any of the Members of the General Court, by a dtpetklence on them lor NTs &p« pibrt— that he ^buld in all ckfes aa iiC'itii freei^ dom for the benefit of the public-^dMt he ^(hould not have his attention nece^rily diverted from that objedt to his private iconoeiroper. . 2. LIEUTBN ANT.6 0VERN0R. « I. THERE (hall be annudly eleded a Liekitenant-Governor of the Commonwealth i>f Maflachufett's* whofe title ihall be. His HonouR ; and who (hall be qualified, in point of -religion^ property, and refidence in the Commonwealth, in the fame manner with the Governor: and the day and manner of his eledion, and the qualifications of the ele(ftors, j(haU be the lame as are required in the election of a Governor. The return of the votes for this officer, and the declaration of his eledion, ' nor and GouncT th^ T ^''^'"- C H A P. III. JUDICIARY POWER. Fe/redf„.het^;*-°f«Ja,,bee,. judicial officers .,7*"". *^°««'ffions. AU ••ehaviour. excepting ^r!!" '"""^r'* there indifferent Dm!-, ^"""^^^"'"g wtom t'-em upon the addr^W ^oT TT legiflature. "°"^'=« ^-^ the ty to require the nni "' *"" ha^'e authori. wj:d;^;?:7;;'>»Micesofth, tions of law ,„^ . ^°" important quef* long contmuance i„ p,ace of any jufticc $4 CONSTITUTION OF MASSACHUSETTS. Juflice of the peace whofhall fail of difcharg-> ing the important duties of his office with abi- Htyor fidelity, all commiflions of juftices of the peace fhall expire and become void in the term of feven years from their refpedive dates ; and upon the expiration of any commiffion, the fame may, if neceflary, be renewed, or another perfon appointed, as (hall mod: con- duce to the well-being of the Commonwealth. IV. The Judges of probate of wills, and for granting letters of adminiflration, fhal! hold their courts at fuch place or places, on fixed days, as the convenience of the people fhall require | and the legiflature fhall, 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 refpedlive Judges ihall dired. - V. All caufes of marriage, divorce and ali-^ mony, and all appeals from the Judges of pro- bate, ihall be heard and determined by the Go- vernor and Council, until the legiflature ihall by law make other provifion. CHAP. CONSTITUTION OF MASSACHUSETTS. 85 C H A P. IV. DELEGATES TO CONG RE SSI THE Delegates of this Commonwealth to the Congrefs of the United States (hall, fomc time ift the month of June annually, bp elec- ted by the joint ballot pf $he Senate and Hou£b of Reprefentatives, afTembled together in one room, to fttvc in Congrefs for one year, to conmience on the firft Monday in November then next enfuihg. They ihairhiVe cbnl- miffions under the hand of the Governor and the great feal of the Commonwealth ; but may \)Q recalled at any time within the year, and others chofen and commiflioned, in the fatnp manner^ in th^ir ftead, \ ■ ..... ■ . - - . :. ; . ■ 'i t4J^>t^ ■ '-' ■ '■ ■ ■ ■'■ ■ ■■ ' ■*-.,.• f ■ ■ . ' ' ..>■•■'■ -.,..( 03 C H A P. c »^ ) CHAP. V. The UNIVERSITY of GAM?RIDOB, AND ENCOURAGEMENT of LITERATpRE, ^c. S- h t. ■— ■ .J.-T./ THE JJNIV ItRSJT V. I, WHJ^GAS Qur wife and pious aficcfiors, fb (early j^Mtbfi^iear one thoiiitnd fix bundced l^nd thirfy^fix; bid the foundation of Harvard Colleg '\n which uaivecfity many perfbns of great eminence haye, by the blc0ing of God, been initiated in thofe art& apd iciences which (qualified them for public, employmepts,. both in church and ftate : and whereas the encourage- ment of arts and fciepce^, and all good litera- ture, fends to the honour of Ood, the advantage of t|ie ChriAian religion, and the great benefit of this and the other United States of America : it is declared, that the Preiident and Fellows of Harvard College, in their corporate capacity, and their fucceffors in that capacity, their of- Hcers and fervants, fhall have, hold, ufe, exer- cife and enjoy all the powers, authorities, rights, libertid^, CONSTITUTION OF MASSACHUSETTS. 87 liberties, 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 Prefident and Fellows of Harvard College, and to their fucceffors, and to their ofiicers and fervants, refpedtively, for ever. II. And whereas there have been at fundry times, by divers perfons, gifts, grants, devifes of houfes, lands, tenements, goods, chattels, legacies, and conveyances, heretofore made, either to Harvard College, in Cambridge, in New-England, or to the Prefident and Fellows of Harvard College, or to the faid College by fonie other defcription, under feveral charters fuccefllvely : it is declared, that all the faid gifts, grants, devifes, legacies, and conveyances, are hereby forever confirmed unto the Prefident and Fellows of Harvard College, and to their fucceffors in the capacity aforefaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devifor or de- vifors. III. And whereas, by an a were, with th^Prefidenti and si number of the Clergy in the faid a^ defcribed, conflituted the Overfecrs of Harvard College ? apdit b^ing neceflary, in this new Cpnflitiitioa of Government, to afce^rtain who ihall be deem* cd fucceflbrs %o the faid Governor, Depijty- Gover|iQr> and m^giflrates : it is declared, that th^ Governor, Lieutenant-Governor, CounciJ, ^nd Senate of this Commonwealth are^ and ihall b^ deeme4 their fupcefTprs ; who, with the Prefident pf Harvard College for the time bein?, together with the miniilers of the 9Qn<^ grcgational churches in the towqs pf Cam- bridge, Watertown, Charleftown, Boilpn, Roxt bury, and Dorchcfter, mpntjon^d in the faid ^(ft> fhall be, and hereby fire, vefte^ wi^h all the powers and authority belonging, or in any way fipp^rtaining, to the Overfeers of Harvard Col- lege } provided, that npthing herein ihall b^ ponftrued to prevent the legillature of this Commonwealth from making fuch alterations in the government of the faid uniyerfrty, as ihall be conducive to its advantage, and the in- tcfcft pf \hQ republic of letters, ii^ as full a * piaijncr CONSTITUTION OF MA,SSACHUSETTS. 89 manner as might have been done by the legifla- ture of the late Province of the MafTachufetts^" Pay, the S 2. THE ENCOURAGEMENT OF LITERATaRE. WISDOM and knowledge, as well as virtuey difFufed generally among the body of the people, being neceiTary for the prefervation of their rights and liberties -, and as thefe de- pend on fpreading the opportunities and ad- vantages of education in the various parts of the country, and among t\^ different orders of the people ; it (hall be the duty of the legiila- tures and magiflrates^ in all future periods of this Commonwealth, to cherifh the interefts of literature gnd the faiences, and all feminaries of them J ^fpecially the univerfity at Cambridge, public fchools and grammar-fchools in the towns ; to encourage private focieties and pub- lic inflitutions, rewards and immunities, for the promotion of agriculture, arts, fciences, commerce, trades, manufactures, and a natural Jiiftory of the country j to countenance and in-^ Gulcate the principles of humanity and general Jjenevpiencc, public and private charity, in- duftry 4b CONSTITUTION OF MASSACHUSETTS. duilry and frugality, honcfty arid punctuality in their dealings i fincerity, good-humour, and all focial affections and generous fentiments among the people. CHAP. VI. Oaths and Subscriptions -, Incompati- bility OF and Exclusion from Of- fices i Pecuniary Qualifications 'j Commissions ; Writs j Confirmation OF Laws; Habeas Corpus; The En- acting Style ; Continuance of Of- ficers ; Provision for a fuYurs Revi- sal of the Constitution, 6cc. I. ANY perfon chofcnGovernor,Lieutenaftl- Governor, Councillor, Senator, or Reprefen- tative, and accepting the trud, fhall, before he proceed to execute the duties of his place or office, make and fubfcribe the following de- claration, viz. ** I, A. B. do declare, that I believe tl^ Chriflian religiQn, and have a firm perfuaiion of its truth i and that I am feized and pofTeiied, in my own right, of the property required by the Conditution as one qualification for the ofiice or place to which 1 am ekded." And CONSTITUTION OF MASSACHUSETTS. 91 And the Governor, Lieutenant-Governofy and Councillors, (hall make and fubfcribe the faid declaration in the prefence of the two Houfes of AfTembly ; and the Senators and Re- prefentatives firft eleded under this ConfUtution» before the Prefident and five of the. Council of the former Conftitution, and forever afterwardft before the Governor and Council for the tima being. And every perfon chofen to either of tho places or offices aforefaid, as alfo any per-^r fon appointed or commifBoned to any judicial* executive^ rhilitary, or other o^ce under th^ Government, fhall, before he enters on the^dif<> charge of the bufinefs of his place or oGict^ take and fubfcribe the following declaration^ and oaths or affirmations, viz. ** I, A. B. do truly and fincerely acknow-. ledge> profefs, teftify and declare, that the Commonwealth of MafTachufetts is, and of right ought to be, a Free, Sovereign, and Indepen- dent State ; and I do fwear, that I will bear true faith and allegiance to the faid Common- wealth, and that I will defend the fame againil traitorous confpiracies and all hoflile attempts whatfoever : And that I do renounce and abjure all allegiance, fubjedtion, and obedience,. to the King k ti 93 CbNSTITUTON OF MASSACHUSEt TS. King, Queen, or Governtpent of Great Britain (as the cafe may be), anj every other foreign power whatfoever : And that no foreign Prince, Perfon, Prelate, State or Potentate^ hath, or ought to have, an)^ jurifdi^ion, fupcriority> pre-eminence, authority, difpeniing or other power, in any matter, civil, eccleiiadical or fpi- fitoal, within this Commonwealth, except the authority or power which is or may be vefled fey their conftituents in the Congrefs of tho United States. And I do further t^ftjfy and d^-^ dare, that no. man or body of men hath or can have any right to abfolve or (}ifcharge me from the obligation of this oath, declaration c^ af- < '■'■4" • < t i firmation ; and that I do make this acknow- ledgement, profeflion, teflimony, declaration ^ denial, renunciation and abjuration, heartily ind truly, according to the commpn meaning and acceptation of the foregoing words, without any equivocation, mental evafion, or fccret ref^rvation, whatfoever, 5p help n\Q God." ,** I, A. B. do folemnly (Wear and affirm, that I will faithfully and impartially difchargQ and perform all the duties ipcumbent on me as according to the be/l of my abi- lities and und^rftanding, agreeably to the rules CONSTITUTION OF MASSACHUSETTS. 93 and regulations of the ConAitution, and the laws of this Commonwealth. So help me God." Provided always, that when any perfon cho- fen or appointed as aforefaid (hall be of the denomination of the people called Quakers, and (hall decline taking the faid oaths, he (hall make his affirmation in the foregoing form, and fubfcribe the fame, omitting the words, " I do /wear,'* " and abjure;* " oath or;* «' and abjuration^' in the firft oath ; and in the fe- cond oath, the words, ** /wear and \* and in each of them the words, '* Bo help me God ;" fubjoining inftead thereof, ** T&is I do under the pains and penalties of perjury J* And the faid oaths or affirmations fhall be taken and fubfcribed by the Governor, Lieute- pant-Governor, and Councillors, before the Prefident of the Senate, in the prefence of the two Houfes of Aflembly ; and by the Senators and Reprefentatives firil eleded under this Con<» ilitutioni before the Prefident and five of the Council of the former ConAitution ; and for- ever afterwards before the Governor and Coun^ cil for the time being ; and by the refidue of the officers aforefaid, before fuch perfons and in fuch manner as from time to time (hall be prefcribed by the legidature. II. No 14 COKSTlTUt!d*r 6lf MASSAiHUSETTS. ir. No Governor, Lieutenant-Governor, or Judge of the Supreme Judicial Court, fhall hold any other office or place under the autho- rity of this Commonwealth, except fuch as hy this Conftitution they are admitted to hold ; faying that the Judges of the faid court may hold the offices of juftices of the peace through the State i nor (hall they hold any other place or office, or receive any pendon or falary from tny other State or Government or Power whatever. No perfon (hall be capable of holding or exercifing at the fame time more than one of the following offices within this State, viz. Judge of Probate, Sheriff, Regiftcr of Probate, or Regifter of Deeds; and never more than any two offices which are to be held by appointment of the Governor, or the Governor and Council, or the Senate, or the Houfe of Reprefentatives, or by the election of the people of the State at large, or of the people of any county, militai-y offices and the office of juftice of the peace excepted, (liall be held by one perfon. No perfon holding the office of Judge of the Supreme Judicial Court, Secretary, Attor*^ ney-general. Solicitor-general, Trcafurer ot Receiver-general, Judge of Probate^ Gommif* fary- CONSTITUTION OF MASSACHUSETTS. 9I fary-general i Prefidcnt, Profcflbr, or Inftruc- tor of Harvard College ; Sheriff, Clerk of the Houie of Rcprcf jntativcs, Regifler of Pro- bate» Regiflcr of Deeds, Clerk of the Su* pretne Judicial Court, Clerk of the Inferior Court of Common-pleas, or OfHcer of the CuAoms, including in chis defcription Naval Officers, (hall at the fame time have a feat in the Senate or Houfe of Reprefentatives ; but their being chofen or appointed to, and ac- cepting the fame, (hall operate as a refignation of their feat in the Senate or Houfe of Repre^ fentatives, and the place fo vacated (hall be fit- led up. And the fame rule fhnll take place in cafe any Judge of the faid Supreme Judicial Court, or Judge of Probate, (hall accept of a feat in Council ; or any Councillor (hall accept of either of thofe offices or places. And no perfon (hall ever be admitted to hold a feat in the legiilature, or any office of truft or importance under the Government of this Commonwealth, who (hall, in the due courfc of law, have been convicted of bribery or corruption in obtaining an eledlipn or appoint * ment. ' III, In 96 CONSTITUTION OP MASSACHUSETTS* III. In all cafes where fums of money ard mentioned in this Conflitution^ the value there-* of {hall be computed in filver, at fix (hillings and eight-pence per ounce : and it fhall be in the power of the legiflature from time to time to increafe fuch qualifications, ?s to property of the perfons to be elected into offices, as the circumflances of the Col mon wealth fhall require. IV. All commifiions (hall be in the namd of the Commonwealth of MafTachufetts, figned by the Governor and attefted by the Secretary or his deputy, and have the great feal of the Commonwealth affixed thereto. V. All writs iffuing out of the clerk's office jn any of the courts of law (hall be in the name of the Commonwealth of MafTachufetts * they (hall be under the feal of the court from whence they iflue : they (hall bear tefl: of the firft Juftice of the court to which they (hall be returnable who is not a party, and be (igned by the clerk of futch court. VI. All the laws which have heretofore been adopted, ufed and approved in the Province^ Colony, or State of Ma(rachufetts-Bay, and ufually CO^T^TITUTIO^f OF MASSACHUPPTTS^. 97, ufufillypradired on in the courts of )aw« f)iali dill Tcms^ti i^fid be in full force, until altered or repealed by t|ie legiflatiire -, fuch parts only ex- cepted as are repugnant to the rights and liber- ties contained in this Conflitution* , VII. The privilege and benefit of the writ of habeas-corpus jQiall be enjoyed in this Com- monwealth, in the moil free, eafy, cheap* expeditious and andple manner ; and fhall not be fuipended by the legiflature, except upon the moil urgent and preiling occaiions, and for a liniited time not exceeding twelve months. VIII. The enading ilyle in making and painhg all ads, itatutes, and laws, (hall be, " Be it ena£led by the Senate and Houfe of Reprefentatives in General Court aflfembled, and by the authority of the fame." IX. To the end there may be no failure of juftice, or danger arife to the Commonwealth from the change of the form of government- all officers, civil and military, holding corn- millions under the Government and People of MaiTachufetts-Bay in New-England, and all other officers of the faid Government and Peo- ple, at the ttm« this Conilitution ihalltakeef- H ha. ^ CONSTITUTION OF MASSACHUSETTS (c&f {hall have, hold, ufe, exercife, and en- joy all the powers and authority to them granted or committed, uhtil other perfons fhall be appointed in their flead : and all courts of law fhall proceed in the execution of the bufinefs of their rcfpedtive departments 5 and all the executive and legiflative officers, bodies, and powers, (hall continue in full force, in the enjoyment and exercife of all their trufts, em- ployments, and authority, until the General Court, and the fupreme and executive officers under this Conflitution, are deiignated and in- yeftcd with their refpedive trufts, powers and authority. X. In order the more efFeftually to adhere to the principles of the Conflitution, and to corre(5t thofe violations which by any means may be made therein, as well as to form fuch ailterations as from experience fhall be found neceffary, the General Court which fhall be in the year of our Lord one thoufand feven hun- dred and ninety- five fhall iffiie precepts to the Sele6lmen of the feveral towns, and to the AflefTors of the unincorporated plantations, di- reding them to convene the qualified voters of their refpedive towns and plantations, for the purpofe CONSTITUTION OP MASSACHUSETTS. 99 purpofe of collefting their fentimen'ts on the ncceffity or expediency of reviling the. Confti- tution, in order to amendments. And if it fhall appear by the returns made, that two-thirds of the qualified voters through- out the State who {hall affemble and vote in confequence of the faid precepts are in favour of fuch revifion and amendment, the General Court (hall iiTue precepts, or diredt them to be ilTued from the Secretary's office, to the feveral towns to eledl Delegates to meet in convention," for the purpofe aforefaid. The faid Delegates to be chofen in the fame manner and proportion as their Reprefentatives in the fecond branch of the Icgiflatureare by this Conflitution to be chofen. XI. This Form of Government fhall be en- rolled on parchment, and depoiited in the Ser cretary's office, and be a part of the laws of the land ; and printed copies thereof fhall be pre- fixed to the book containing the laws of this Commonwealthi -in* all .-fvitarc editions .of the faid laws. .. , ..'/.'. '* * '•'•*'•.■:". . JAlV!ES-BbWD6i5¥,.I^kB^ Jtteft, Samuel Barret, Secretary, H a Rhode C too ] RHO D E^IS LAND. RHODE-ISLAND CHARTER, GRANTED ^Y KING CHARLES XL IN THE FOURTEENTH YEAR OF HIS REIGN. ^ntadecima pars Patentium Anno Regni Regis Caroli Secundi ^intodecimo, GHARLES the Second, by the grace of God, &c. To all to whom theie pre- sents ihall come, greeting. Whereas we have been informed by the petition of our trufty and well- beloved fubjeiSs, John Clarke, on the be-, half of Benedid Arnold* William Brenton, William Codington, Nicholas Eafton> William Boulflon, John Porter, John Smith* Samuel Gorton, John Weekes, Roger Williams, Tho- mas Olncy,. Gregory Pext0r!, John Cogefhall, Jofeph Clarke, RahdaHHouIden, John Greene* John KoQinp, "Sauiufel' Wildbbre, William^ Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the reft of the purchafers and free inhabitants of our ifland called of our ; out of tJ but alfo fcttlcme parts, fc many ev thofe OKI remote j rcligioos the afore defirable : cefflve la did tranfp Indian na ^hc moft CHARTER OP RHODE-ISLAND, lot called Rhode- Ifland» and the refl of the colony of Providence Plantations, in the NarraganPst- Bay, in New England, in America, That they, purfuing with peace and loyal minds their fbber, feriofus, and religious intenf tionsy of godly edifying themfelves and one another in the holy Chriflian faiths and worship as they were perfuaded, together with the gaining over and converfioti of the poor ignorant Indian natives in thoie parts cf America to the iincere profefiion and obedi« e«ce of the fame faith and worfhip, did not only by the confent and good encouragement of our royal progenitors* tranfport themielves out of this kingdom of England into America i but alfo fince their arrival there, after their firft fettlement among other our fubjeds in thofe parts, for the avoiding of difcord and thofe many evils which were likely to enfue upon thofe 01^ fubjedls not being able to bear in thofe remote parts their different apprehenfions i^ religious concernments ; and in purAiance of the aforefaid ends did once again leave their defirable flations and habitations^ and withex«> cedlve labour and travail, hazard and charge* did tranfplant tliemfdlves into the mid^ of the Indian natives, Ivho,: aS we ard i^omled, arc the mofl: potent princes and people of all that H 3 coun- IG2 CHARTER OF RHODE-ISLAND; dtVLTitry i where, by the good providence of God (from whom the plantations have taken their name) upon their labour and indu{lry» they have not only been preferved to admira- tion, but have encreafed and profpered, and are feized and pofTefTed, by purchafe and con- ient of the faid natives, to their full content, of fuch lands, iilands, rivers, harbours^ and roads, as are very convenient both for plantations* and alfo for building of fhips, fupply of pipe- flaves, and other merchandife, and which lye very commodious in many refpeds for com. itierce, and to accommodate our fouthern plan- tatidns, and may much advance the trade of this our realm, aiid greatly enlarge the territo- ries thereof 5 they having, by near neighbour- hood to, and friendly focicty with, the great body of the Narraganfet Indians, given them encouragement, of their own accord, tofubjedt themfeived, their people, and lands, unto us ; Whereby, as is hoped, therie may, in time, by the bleffing of God upon their endeavours, be laid a fure foundation of happinefs to all America.' And whereas, in tj^ir humble ad-r drefs, they have freely declared, That jt is anuch on their hearts (if they be permitted) to hold forth a lively experiment, , that ^ moil lijfii V-r, _ ... • ^v,r.; <. ' .to? -[I . r :'r CHARTER OF RHODfe-ISLANb; 103 flourifhing civil State may (land/ and beft be maintained, and that among our Etiglifli fub- jcdts, with a full liberty in religious condern- ments; and that true j^icty, rightly grounded' upon gofpel principles, will give the bcfl and greateft fecurity to fovercignty, and will' lay in the hearts of men the ftrongeft obligations to true loyalty : Now, know* ye, that we being willing to encourage the hopeful undertaking of our faid loyal and loving fubjedls, and to fecure them in the free exercife and enjoyment of all their civil and religious rights appertaining t6 them, as our loving fubje<5ts ; and to pref<^rve unto them that liberty in the true Chriflian faith and worfliip of God which they have fought with' fo much travail, and with peaceable minds and' loyal fubjeftion to our royal progenitors and ourfelves, to enjoy; and becaufe fome of the people and inhabitants of the fame colony can- not, in their private opinion, conform to the public exercife of religion according to thie liturgy, form, and ceremonies of the Church of England, or take or fubfcribs the oaths and articles made and eftabliflied in that behalf; and for that the fame, by reafon of the remote diftances of thbfe phces, will, as we hope, be H 4 no 104 CHARTER OF RHODE^ISLAND. no breach of the unity and uniformity eAa- bliihed in this nation, have therefore thought fit, and dp hereby publifh, grant, ordain, and declare, that our royal will and pleafure is. That no pecibn within the faid colony, at any ^me hereafter, {hall be any wife molefted, pu- nished, difquieted, or called in queflion, for any differences in opinion in matters of religion, who do not ad:ually diflurb the civil peace of our faid colony ; but that all and every perfon and perfops may, from time to time, and at all times hereafter, freely and fully have and en- joy his ^r^d their own Judgements and con- fciences, in matters of religious concernments, throughout the tract of land hereafter- mention- ed, they behaving themfelves peaceably and o'lietly, and not ufing this liberty to licentiouf- nefs and profanenefsj^ nor to the civil injury or outward diflurbance of others, any law, flatute or claufe therein conitained, or to be contained, ufage or cuflom of this real^, to the contrary hereof, in any wife notwithflanding. And that they may be in the better capacity to defend themfelves in their juil rights and liberties, againft all the enemies of the Chriflian faith, and others, in all /efpeds, wc have further thought fit, and at the humble petition of the per- CHARTER OF RHODE-ISLAND. 10$ perfons aforefaid, are gracieufly pleafed to de- clare, That they Aiall havis and enjoy the be- nefit af our late a6t of indeninity, and free pan- don, as the reft of our fubje^s in other Qvr dominions and territories have i and to create and make them a body politic or corporate* with the powers or privileges herein after- mentioned. And accordingly, our will and pleafure is, and of our efpecial grace, certaio knovi^ledge, and mere motion, we have or** dained, conftituted, and declared, and by thefe prefents, for us, our heirs and fucceiTors, do ordain, conftitute, and declare. That they the faid William Brenton, William Codington* Nicholas Eafton, Benedidt Arnold, William Boulfton, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Tho*- mas Olney, Gregory Dexter, John Cogeihall, Jofeph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel WiWbord, Richard Tew, William Field, Thomas Harris, James Barker, Rainfborrow, Williams, and John Nickfon, and all fuch others as are now, or hereafter ihall be admitted, free of the Company and So- ciety of our Colony of Providence Plantations, in the Narraganlfet-^Bay, in New-England^ (hall io6 CHARTER OP RHODE-ISLAND. be, from time to time, and for ever hereafter, t body corporate and politic, in fadt and name, by the name of the Governor and Company of the Enghfh Colony of Rhode- Ifland and Pro^ vidence Plantations, in New-England, in Ame- rica ; and that by the fame name, they and their fucceflbrs (hall and may have perpetual fucceilion, and fhall and may be perfons able and capable in the law to fue and be fued, to plead and be impleaded, to anfwer and to be anfwered unto, to defend and to be defended, in all and fingular fuits, caufes, quan^els, mat- ters^ actions, and things, of what kind or nature •Ibever ; and alfo to have, take, pofTefs, acquire, and purchafe lands, tenements, or heredita- ments, or any goods or chattels, and the fame to leafe, grant, demife, alien, bargain, fell, and idifpofe of, at their own will and pleafure, as tOther our liege people of this our realm of .England, or any corporation or body politic within the fame, may lawfully do : and further, ^That they the faid Governor and Company, and their fucceiTors, (hall and may, for ever hereafter, have a common feal, to ferve and ufe for all matters, caufes, things, and .affairs whatfoever, of them and their fuc- iceffors, and the fame feal to alter, change, , : break. CHARTER OF RHODE-ISLAND. 107 breaky and make Aew from time to time* at their v^ill and pleafure, as they (hall think fit. And further, we will and ordain^ and by thefe prefents, for us, our heirs and fuc- . cefTors, do declare and appoint, That for the better ordering and managing of the affairs and bufinefs of the faid Company and their fuccef- fors, there (hall be one Governor, one Deputy- Governor, and ten Afliflants, to be from time to time confHtuttd, ele vernoient and ordering of the lands and heredi- taments herein after mentioned to be granted, and of the people that do, or at any time hero- a^r (hall inhabit, or. be within the fame ; fo as fuch laws, ordinances, and conflitutions, fo made, be not contrary and repugnant unto, but a$ near as V(xxy be agreeable to the laws of i;his our realm of England, confldering the ha-; lure and conditution of the place and people there ; rj- ^o^''- ""tcrs. and thing, .!!•'"" within the faid colony and 2 , ^^"'"^ which fhall be in difpute T, j^ ''°"' *"«* - they fl«,l think! lt,r'""'> *-• -ret.„hthere.e.ai:alrj:^:-^* t-.I-wersand,i.i.3.ofeachl; ;""" ;f °'«-' %-- and inferior td^r to contrive and appoint fnnU <• ^"®^ atteftations. not «pZ^^^^^ be agreeable, as afLl^"; "l """ " '^^. tutes of this our realm 1 ' '"^ '*»' «quifue..with reSl"; LT 'T^'^^ -'^' of juftice. and due «^' *"*""d'«i»aratio„; *«^a.ibethL„coi::;:^,^*;^L gulate and order the way and ^! ? - ■ deaions to offices and pLl f T "^ "^^ and bounds of all place. " ^" '""^fr within tl„i- • '^'^**' *°wns and. cities within the limits and bounds herein aft, " biyi and alfo to order dl„A ] — ^ woer, direa and authorife^ the tl^c iinpofing of la\yful and re^fopabk finc3^ muldb» imprifonnients, and executing other piir Di(hments» pecuniary and corporal, uppa ouTenders ^nd delinquents, according to the cpurfe of other corporations within this our kingdom of England: and agaiii, to alter, revoke, annul or pardon, under their conimon feal, or otherwifc, fuch fines, mul<5s, imprironments, fentences, judgments and con- demnations, as Ihill be thought fit ; and to di- • rcdt, rulejoi-der and difpofe of all other matters and things, and particularly that which relates to tji? making of purchafes of the native In- djans, as to them {hall feem meet; whereby our iai4 people and inhabitants in the faid Plantations may be fo religioufly, peaceably,' and civilly governed, as that by tfjeir good life and orfl^rly converfation they may win and in- vite the native Indians of the country to the knowledge and obedience of the only true God' and Saviour of mankind; willing, command- ing, and requiring, and by thefe prefents, for us, our heirs, and fucceiTors, ordaining and ap- poi;itihg, that ^11 fuch laws, flatutes, orders, apd ordinancest inftrutftfons, impofitions, and diredion s, as (hall t>e fo ':made by the Goveri;^or, Deputy, A^liftants, and freemen, or (uch ^timber ecutioD. according to the true intent I A 'ng of the fame A n^ a T ^'^'^ "**"- o-hcdup,rtetwelT'""^^«-'' r;-^">n^eve;::^g.;:-< or inferior, from time to time 7 u ^ *"' of the fame orders Z Z '^' P^"^^$ "gainft us. , ., .;„ ,„'"'' " '*'•«' «ecution heirs, and fucceflbrs, eftabLU ^^^ "'' »"'• ^-'^ once in th; t" Jor "t""' *« «y. the aforcfaid CnlLTM""^"- » the town of Newport r,r ir T "y* ^"^ -"fion do requl^ "Jf '^'"--'•-gen. «°;-r. and Afli/^ts of ^Sd'i:''^'"'^- ^"d other officers of the rt ?'"^'"^' orfuchofthem as th. r> '^ Company, A'Tembljr.tobehrt . '"'"'^°"«or " -w'y chofen for III'" ''"* '"^ ^ ''•'»^. Sweater part of the faid c'' "^"'"^' ''>' *« Deputy- ^ QHAILTKR OF EHODE-MLAI^I^. Depaty*Co?qirnor« and Afliftants, by thefe pre- &ntt appointed, or any fuch as ihall hereafter be newly chofen into their rooms, or any of them, or any other the officers of the iaid Com- mny, fhall die, or be removed from his or their A^veral ofSces or places, before the faid general day of election (whom we do hereby declare for any mifdemeanour or default to be remove- able by the Governor, Affiftants, and Company, or fuch greater part of them, in any of the faid public courts to be aiTembled as aforefaid), that dicn, and ip^^yery fuch cafe, it ihall and may Bs lawful to and for the faid Governor, De- puty-Governor, Affiftants, and Company afore- fai(|| or fuch greater part pf them fo to be af- Ktnbled, as is aforefaid, in any of their affem* bites, to proceed to a new eledion of one or inorc of their Company, in the room or place, rooms or places, of fuch officer or officers fo dying or removed, according to their dired^ions. And immediately upon and after fuch election or elediioas made of fuch Governor, Deputy- Governor, AffiAant or Affiflants, or any other officer of the (aid Company, in manner and form aforefaid, the authority, office, and power before given to the former Governor, Deputy- Governor, C Oovei moved chofen of the Provide That as pointed Governc as thofe officers t AaU, bej the faid o folemn a the due ar in their fe perfon or j after appoi that is to i is herein t prefcnf Go' give the af Trenton, or ^aid Compaj fents, give q«ire and r ^iliiam Bre "ated and apj: Governor, and other officer and „«: . moved, in whofe fteadlTnl ^* ^''"- ^'•oren. fl,an, a, eo tTal?^^^^^^^ of them refpe^i^d c«fc a„T'. '""^ Provided alwL J "'^ determine: pointed to be the pZLtG ''"'' '^ 0»ver„o,a„dAffi£:;ti:7c''''"^' « thofe which /hall fucceed th, f °"'^*"^* officers to be anoo.-n ,71 ^ ' '^'^''" "*«' ihdl Jf PP"'"'*'' *nd chofen as aforefaid mail, before the undertabino. .«. """'aid, thcfaid officesand pla^ tZ-.^ 'r*'"'^*'" ^^ i-olemn engagement t '*f "^"'«='y' S^e d,eir « their tc^.T^LTZ'^T"'^""^^' F^ronorperrontr; £r;r°'*^'' f r appointed to take Zt^^^^''^ .""' •« to fay. ,be faid BTedTl^old T^ « herein befori^ n^ • . Arnold, who g'Ve the aforefaid ,„ Company. flaU nor ti6 CHARTEH OF RHODE-ISLAKD. nor of the faid Coinpany» ihall give the afore- iaid engagement before the faid Benedi^^ Ar- nold, or any two of the AfliAants of the faid Company, unto whom we do, by thefe prefents, give full power and authority to require and rieceive the fame j and the faid William Boul- fton, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coge- ftiall, James Barker, William Field, and Jofeph Clarke, who are herein before nominated and appointed the prefent AfUflants of the Com- pany, fhall give the faid engagement to their offices and places refpediively belonging, before the faid Benedid Arnold and William Brenton, or one of them, to whom refpedively we do hereby give full power and authority to require, adminifler, or receive the fame. And further, our will and plcafure is, that all and every other future Governor, or Deputy- Governor, to be eleded and chofen by virtue of thefe prefents, fhall give the faid engagement before two or more of the faid Afliftants of the faid Company for the time being, unto whom we do, by thefe prefents, give full power and authority to re- quire, adminiftcr, or receive the fame; and the faid Affiftants, and every of them, and all and every other officer or officers, to be here- after CHARTER OF RH0DE4SLAND. 117 tfter eleded and chofen by virtue of thcfe prc- fimtSy from time to time, (hall give the like en- gagements to their offices and places refpeftive- \y belongfng, before the Governor or Deputy** Governor for the time being { unto v^hich faid Governor or Deputy^Governor, we do by thefe prefents give full power and authority t6 re« quire, adminifter, or receive the fame ac* cordingly* And we do likewife for us, our heir«, and fuccefTors, give and grant unto the faid Governor and Company, and their fuc«> ceiTors, by thefe prefents, that for the more peaceable and orderly government of the faid Plantations, it (hall and may be lawful for the Governor, Deputy-Governor> Affiftants, and all other officers and miniflers of the faid Company, in the adminiflration of ju (lice and cxercife of government in the faid Plantations, to ufe, exercife, and put in execution, fuch me- thods, ruleS) orders, and directions, not bein^ contrary and repugnant to the laws and flatutes of this our realm, as have been heretofore given, ufed, and accuftomed in fuch cafes refpedlively, to be put in pra<^ice, until at the next or fome other General AfTembly, efpecial provifion fhall be made in the cafes aforefaid. And we do further, for us, our heirs, and fucceflbrs, give , I 3 an(| ii8 CHAHTER OF RHODE-ISLAHO, gnd gnnt unto the fiud Governor and Qompanyt and their fuc^iTors* by thefe prefents* that 1% (ball ai^d may be lawfu} to and for the faid Go- vernoTt or in his abfence the Deputy-Governor ^d major part of the faid Aiiiftants for the lime being, at any time, when the faid Gen^-r ral Afiembly is not fitting, to nominate, appoint, and conftitute fuch and fo many Commanders, Governors, and Military OfHcers, as to them Ihall feem requifite, for the leading, condu£tn ing» and training up the inhabitants of the (aid Plantations in martial alFairs, and for the defence aqd fafeguard of the faid Plantations $ and t|iat it (hall and m^y be lawful to and for all and every fuch Commander, Governor, and Military Officer, that fhall be fo as aforefaid, or by the Governor, or in his abfei^ce the Depu- ty-Goyerpor and fix of the Affiflants, and ma-r jor parf of the freen^en of the faid Company prefen( at any General AfTemblies, nominated, appointed, and conflituted, according to the tenor of his ai^d their refpedive commiffions and dire^ions» to affen^ble, e^ercife in arms, marfhal, array, and put in warlike poflure, the inhabitants pf tl^ faid ^olqny, for (heir c^P^: cial CHARTER OP RHODE-ISLAND, uf cial defence and fsfety t and tb lead tiid coh« da6k the faid inhabitants, and to encounter* reit pulfe, and reiifl by force of arms^ as well by Tea as by land» to kilU flay, and deflrby, l^ill fitting waysj enterprizes, and nneans Urhatfo-* ever, all and every fuch perfon or persons a« (hall at any time hereafter attempt or enter-* prife the deftrudion, invafion, detriment, or annoyance of the faid inhabitants or Planta- tions ; and to ufe and exercife the law martial' in fuch cafes only as occallon (hall necefTarity' require ; and to take and furprife, by all ways^ and means whatfoever, all and every fuch per* fon and perfbns, with their fhipor fliips, ar«' mour, ammunition, or other goods of fuch per- Tons as iball in hoftiie manner invade or -^ tempt the defeating of the fidd Plantation, or the hurt of the faid Company and Inhabitants i and upon jufl caufes to invade «nd lieftroy the natives, Indians, or other enemies of the faid colony » Neverthelcfs, Our will arid pleafuitJ is, and we do hereby declare to the reft of our Colo- nics in New^England, that it {hallnbtbelawfo} for this our faid Colony of Rhode^Idand vtnd Providence Plantations,in America,in New*En* 1 4 gland. UP CHARTER OF RHODE-I^LAKD. gbnd^ to invade the natives inhabiting within the bounds and limits of their faid Colonies, without the knowledge and confent of the faid other Colonies. And it is hereby declared, that it (hall not be lawful to or for the reft of the Colonies to invade or moleft the native In- dians, or any other inhabitants, inhabiting within the bounds or limits hereafter men- tioned (they having fubje^ed themfelves unto us, and being by us taken into our fpecial protedtion), without the knowledge and con« fcnt of the Governor and Company of our Colony of Rhode-Ifland ami Providence Plan- tation. Alfo our will and pleafure is, and we do hereby declare unto^all Chriftian Kings, Princes, and States, that if any perfon, which fhall hereafter be of the faid Company or Plan- tation» or ai^y other by appointment of the faid Governor and Company for the time be- ing, (hall at any time or times hereafter rob or fpoil, by fea or land, or do any hurt, or un- lawful hoitility, to any of thefubjedls of us, our heirs and fucceffors, or to any of the fub-^ jcfts of any Prince or State being then in league with usy our heirs and fucceflbrs i upon com- ■ plaint CHARTER OF RHODE-ISLAND. iii plaint of fuch injury done to any fuch Prince or State, or their fubje^i, we, our heirs and AiccefTors, will make open proclamation* within any parts of our realm of England fit for that purpofe, that the perfon or per- fons committing any fuch robbery or fpoU (hall within the time limited by fuch procla- mation, make full reflitution or fatisfadion of all fuch injuries done or committed, fo as the faid Prince, or others fo complaining, may be fully fatisfied and contented; and if the faid perfon or perfons who fhall commit any fuch robbery or fpoil, (hall not make fatisfaflion accordingly, within fu^h time fo to be limited, that then we, our heirs and fucceflbrs, will put fuch perfon or perfons out of our allegiance and protection ; and Ihat then it fhall and may be lawful and free for all Princes, or others, to profecute with hoftility fuch offenders, and every of them, their and every of their pro- curers, aiders, abettors, and councillors, in that behalf. Provided alfo, and our expreft 4 will and pleafure is, and we do by thefe pre- fents, for us, our heirs and fucceffors, ordain and appoint, that thefe prefents fhall not in any man- per hinder uny of our loving fubje^ls whatfo- cver. lis CHARTSR OF RHODE-ISI/AI^D. evcTy from ufingandeicercifing the trade of fkhing •pen the coaft of New-Engkmd, in AoAterict^ b«M that they, and every or any of them, (hall have fuU and free power and liberty to conti* Aue and ufe the trade of fishing upon the faid iroaft, in any of the (eas thereunto adjoining, or any arms of the fea, or fait water, rivers and creeks, where they have been accuAomed to iifli, and to build and fet upon the wafle land' belonging to the faid Colony and Plantations fuch wharfs, ftages, and work-houfes, as Aiall be neceffary for the faking, drying, and keep* ing of their fifli to be taken or gotten upon that coaft. And further, for the encourage* ment of the inhabitants of our faid Colony of Providence Plantation to fet upon the bufinefs of taking whales, it fhall be lawful for them, or any of them, having flruck a whale, du- bertus, or other great fifh, it or them to purfue unto that coad, and into any bay^, river, cove, creek or fhore, belonging there* to, and it or them, upon the faid coad, or in the faid bay, river, cove, creek, or fhore belonging thereto, to kill and order for the bed advantage, without moleflation, they CHARTER OP RHODE-ISLAND. %%% thty mftking no wilful wafte or fpotl; tiijfp thing ii> thefe praftnts conttined, or any othef' matter or thing to the contrary notwithftand* ing. And further alfo, we are gractouHy pleafedj and do hereby declare, that if any of the inhabitants of our faid colony do fet upon the planting of vineyards, (the foil and clime te both feeming naturally to concur to the pro« dudtion of wines) or be induflrious in the dil« covery of fiihing-banks, in or about the faid colony, we will, from time to time, give and allow all due and fitting encouragement there- in, as to others in cafes of like nature. And further, of our more ample grace, certain knowledge, and mere motion, we have given and granted, and by thefe prefents> for us, our heirs and fucce/Tors, do give and grant, untd the faid Governor and Company of the En'* gUih Colony of Rhode-Ifland and Providence Plantation, in the Narraganfet Bay, in New- England, in America, and to every inhabitant there, and to every perfon and perfons trading thither, and to every fuch perfon or perfoni ^s are or (hall be free of the faid Colony^ full power and authority, from time to time, and at ^11 times hereafter, to take, ihip^ tranfport> and '^84 CHARTER OF RHOl^E-ISLAND. and carry a^vay, out of any of dur realrtis aft4 dominions, for and towards the plantation and defence of the faid Colony, fuch and jfo many of our loving fubjedts and ftrangers, J» Ihall or will willingly accompany them in and to their faid Colony and Pkotation, except fttch perfon or perfons as are or fl>all be therein jreArained by us, our heirs and fucceflbrs, or any kw or flatute of this realm ^ and alfo to Ibipand tranfport all and all manner of goods^ chattels, merchandize, and other things what- foever, that are or ihall be ufeful or neceffary for the faid Plantations, and defence thereof, and ufually tranfported, and not prohibited by any law or ilatute of this our realm ; yielding and paying unto us, our heirs and fucceifors, fuch the duties, cufloms and fubfklies, as are or ought to be paid or payable for the f^e. And further, our will and pleafure is, and we do, for us, our heirs and fucceflbrs, ordain, declare, and grant, unto the faid Governor and Com- pany, and their fucceflbrs, that all and every the fubjedts of us, our heirs and fucceflbrs, which are already planted and fettled within our faid Colony of Providence Plantation, or which ihall hereafter go to inhabit within the faid Colony, OHARTJSROF RHODE-iSLAKD. i%^ ^lonyt andall and every of their Ghildcea Mv:}iicb;have been born there, or which (haft happen hereafter to be born there, or on the lea going thithqr Qr returning from thence, (haU have and enjoy all liberties and immunities of free and natural fubjeds, within any the do^ minions of us, our heirs and fucceHbrs, to all intents, conflru£tions, and purpofes whatfoever, as if they and every of them were born -vithii^ the realm of England. And further know ye« that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted, and confirmed, and by thefe prefents^ for us, our heirs and fuccefTors, do give, grant and confirm unto the faid Governor and Com- pany, and their fuccefTors, all that part of our dominions in New -England, in America, containing the Nahantick and Nanhyganfett, alias Narraganfet Bay, and countries and parts adjacent, bounded on the wcfl, or weflerly, to the middle orchannelof a river there, com- monly called and known by the name of Paw- catuck alias Pawcawtuck river, and fo along the faid river, as the greater or middle ilreani thereof reachcth or lies up into the north country, northward unto the head thereof, and a^' from thence by a ilrait line drawn dwt liofth, until it meet with the £>utli line of die Mafiachuietts Colony, and on the north or northerly, by the aforefaid fouth or fouther* ly line of the Maffachufctts Colony or Planta- tion, and extending towards the eafl or eaft- wardly three Engli(h miles, to the eaft and north-eafl of the moft eaftcrn and north- caftcrn parts of the. aforefaid Narraganfet Bay, a^ thie faid Bay liet'h or extendeth itfelf from the ocean on the fouth or fouth wardly, unto dl(c 'mouth of the river which runneth towards thitbwn of Providthce, and from thence along fhe eaftwardly fide or bank of the faid river (higher called by the name of Seacunck river) up to the Falls called Patucket Falls, being the moft weflwardly line of Plymouth Colony i and fo from the faid Falls, in a ftrait line due north, until it meet with the aforefaid line of the Maflachufetts Colony, and bounded on the fouth by the ocean, and in particular the lands belonging to the towns of Providence, Patux- it, Warwicke, Mifquammacock» alias Paw- catuck, and the reft upon the main land, in the tra<5t aforefaid, together with Rhode- Ifland, Blocke-Ifland, and all the reft of the i Hands . CifARTER OF RUOOEaSLANO iif iilands an^ banks in the Narraganfet Bay, an4 bdrdering upon the coaft of the trad aforeiaid, (Fiiher*s Mand only excepted) together wi^' all firm lands, foils, grounds, havens, ports» rivers, waters, iiflitngs, mines royal and all other mines, minerals, precious ftooes, quarries^ woods, wood-grounds, rocks, flates, and a^ and fingular other commodities, jurifdidtibn^ royalties, privileges, franchifes,pre*eminencie6 and hereditaments whatfoever, within the faid trad, bounds, lands, and iflands aforefaid, to them or any of them belonging, or. in anyi- wife appertaining. To have and to hold the fame unto the (aid Governor and Company, and th^ fuccefibrs forever, upon truft^ for the ufe and be- nefit of themfelves, and their aifodates, freemen of the faid Colony, their heirs and affigns. To be holden of us, our heirs and fuccelfors, as of the manor of Eaft-Greenwich in our county of Kent, in free and common foccage, and not in capites nor by knights fervicc. Yielding and paying therefor to us, ourlieirs and fucceifors, only the fifth part of all the ore of gold and fil- ver, which from time to time, and at all times hereafter, (hall be there gotten, had or obtained, in lieu and fatisfadion of all fervices, duties, fines. tsi8 CBAllTER OF RH0DE4SLAVD. -fincS) forfeitures, made or to be made, claims or ilemands whatfoever, to be to us, our heirs 'or fttccefibrs, thqvfor or thereabout rendered, jnade or paid ^ Aoy grant or claufe, in a late :grant to ^h.e Governor and Company of Con- ne^icut Colony in America, to the contrary thtf eof in any wife notwithftanding ; the afore- £lad Pawcatuck river having been yielded after muchdebate, .&r the fixed and certain bounds between thefe our faid Colonies, by the Agents thereof;: who have alfo agreed,, that the faid Pawcatuck river ihall alio becalled alias Nar- nogaivcett or Narroganfett river, and to prevent •fttttire difpute& that otherwife might arife there* by,f^r ever b^reaftfr fhall be conftrued, deemed and t^en to be the Narrogancett river, in4>ur late grant to Connedicut Colony, mentioned as the eailerly bounds of that Colony. And fur* ther, our will and pleafure is, that in all matters of. public controverfies, which may fall out be- tween ourColonyof Connecticut andProvidence Plantation, to make their appeal therein to us, our heirs and fuccefTorSyfor redrefs in fuch cafes, within this our realm of England : and that it (hall be lawful to and for the inhabitants of the f^id Colony of Providence Plantation without ktt or moleftation topafs and repafs with free- dom dom into and through the reft of the Engli{Hr Colonies upon their (awful and civil occafionsi, and to Qonverfe, aiid hold commerce^ and trade with fuch of the inhabitants of our other Engliih Colonies, as (hall be willing to adpit them thereunto, they behaving themfelves peaceably among them i any a^, claufe, or fentjence, in any of the faid Colonies provided^ or that {hall be provided, to the contrary in anj^ wife notwithftanding. And laflly, we do fot us, our heirs and fuccefTors, ordain and grant unto the faid Governor and Company, and their fucceffors, by thefe prefents, that thefe our letters patents fhall be firm, good, ef*- fedual, and available, in all things in the laW| to all intents, conflrudions and purpofes whit- foever, according to our true intent and mean** ing herein before declared 5 and /hall be con-^ Arued, reputed and adjudged irS all cafes, moil favourably on the behalf, and for the befb bene^* 6t and behoof of the faid Governor and Com^ pany, and their fucceiTors, although exprefp mention, &c. In witncfs, &c, witnefs, &Ci per Ipfum Regem* [Since the commencement of hoftilitics by Great Britain, the State of Rhode-Iiland and K Provi. # ■ i^oCttAlttER OF RHODE-ISLAND; Providence Plantations has not affumed a form of government different from that contained in the foregoing Charter. For in that, the King ceded to the Governor and Company, all powers, legiflative, executive, and judicial, re^ ferving to himfelf, as an acknov^ledgement of his fovcreignty, a render of the fifth part of the gold and filver ore that fhould be found within the territory. The Governor, chief magiftratcs, and legiflators are chofen by the freemen as ufual, and all judicial and executive bfEcers are annually cledled by the Governor and Company, or Upper and Lov^er Houfe of Aflembly. All proceHies, original and judicial, formerly ifTued in the King's name, but they now ifTue in the name of the Governor and Company. The oaths of allegiance and of office are made conformable to the principles of the Revolution. The Governor, in his le- giflative capacity, cannot give a negative to any adt of the two Houfes ; but, in common Avith the other magiflrates, has one voice only. The State is divided into five counties, in each of which there is a Court of Common Pleas and General Seflions of the Peace, held twice every year, for the trial of all caufes not • ' ^ - capital. CHARTER or RHODE.iSLANn "Pital. that arife whV u ^5- 'J* judicature, court of Ir "^'/"P««' court of -'>o'=statc.,„i':j':t:rr.''^°-*« each couney. The CnnA ""^* »->'«'■ « «ligious eiiabliihle^r "? "*''"''' "''"^ P«ds upon the Xirvl '"'^'r'^- «'- - equally proteaJt^f J"; '"^T ^'"^ titular fea can claS 1 ti " "" ^- K c o jv; ( '3« ) CONNECTICUT. ACCOUNT '"• O F T H E .CONSTITUTION OF CONNECTICUT. CONNECTICUT is divided into fix coun- ties, and eath county is divided into a number of towns. Each town has a right to fend two Reprefentatives to the General Court or Aflcmbly. The General Court conlifts of two branches, called the Upper and Lower Houfe. The Upper Houfe is compofed of the Governor, Deputy-Governor, and twelve Af- fiftants or Councillors ; and the Lower Houfe af the Reprefentatives of the feveral ..owns. This Court has the fole power to make and repeal laws, grant levies, difpofe of lands be- longing to the State, to particular towns and perfons ; to ered: and ftile judicatories and of- ficers, as they ftiall fee neceffary for the good government of the people i and alfo to call to account any court, magiflrate, or other offi- cer, COVfiTITtJTmW Of COimfiCTICUT. 133 c»f> for any mifikmtanor or mai^adminlftra- tion I and for juft^aufe may fint, difpUcc, or remove them, or deal otherwifc, as the nature of the cafe fiiiU it^ after dac eledlion, which may be filled up by the General Cburt. This Court has power dfo, for reafons fatisfadtory to them, to gr^Ht fufpenfion, releafe, and jail delivery upon re- prieve, in capital and criminal cafes. The Ge- neral Court has two dated fefHons annually, on the fecond Thurfdays of May and Odtober. The Governor, or in his abfence the Depu- ty-Governor, may call the AiTembly, on ipe- cial emergencies, to meet at any other time. The Governor, Deputy-Governor, Afliftants, and Secretary, are annually eleded on the fe- cond Thurfday in May. The Reprefentativcs are newly chofen for each dated feflion. The Judges and Juftices are annually appointed by the General Court ; the fanae perfons are com-^ K 3 monly 1-: .:j,:- 134 CONSTITUTION OF CONNECTICUT, i monly re-appointed from tinle to time during their capacity to ferve, unleis guilty of mifbe* haviour. The iherilTs are appointed by the Qovernor and Council* without limitation of time, but may be fuperfeded by the authority that appoints them. The Governor for the time being is Captain-General of the Militia ; the Deputy^ Governor, Lieutenant-General; the other general officers and the field-officers are appointed by the General Court, and cornmif- fioned by the Governor. The captains and fubaltcrns are chofen by th^ vote of the Com - pany and houfholders living within the limits of the Company ; the perfons fo chofen mufl be approved by the General Court, and com- miffioncd by the Governor, before they have power to execute their offices. All the mili- tary officers hold their offices during the plea- fure of the AiTembly, nor can they reiign their commiffions without leave of the Captain- General, under penalty of doing duty in tho ranks as private foldiers. The mode of eleding the Governor, Depu- ty-Governor, Affiftants, Treafurer, and Secre- tary, is, that the freemen in the feveral towns m^et on the Monday next after the firfl Tuef-* day CONSTITUTION OF CONNECTICUT. 135 day in April annually (being the day appointed by law for that purppfe, and vhoofing Repre- fentatives), and give in their votes for the per« fons they choofe for faid offices refpedlively, with their names written on a piece of paper, which votes are received and fealed up by a conflable in the freemen's meeting ; the votes for each of faid officers in a different paper, writing on the outfide the name of the town, and the office for which the votes are given in, which are fent by the Reprefentatives to the General Coyrt, to be held on the fe- cbnd Thurfday of May next enfuing ; atwhich time, after the Houfe of Reprefentatives have chofen a Speaker and Clerk, a committee is chofen of Members of both Houfes, to fort and count the votes, and declare the names of the perfons chofen to faid offices. Any freeman qualified to vote for Reprefentatives, &c. may be eledted to any office under Government. In choofing Affiftants tvirenty perfons are nomina*- ted by the votes of the freemen, given in at their meeting for choofing Reprefentatives ih Septeipber gnnually, and fealed up and fent to the General Coprt in O^ober then next, which are counted by a committee of both Houfes, and the twenty perfons who have the greatefl K 4 number 136 CONSTITUTION OP CONNECTICUT. number of votes fland in nomination^ out of which number twelve are to b^ chofen Afilft- ants by the freefnen» the next April, in manner afore defcribed. The qualifications requ$fite to entitle a per- fon to vote in eledtion of the officers of Go- vernment fire, maturity in years, quiet and peaceable behaviour, a civil converfation, and forty (hillings freehold, or forty pounds perfo* nal eflate : if thp Selc^men of the town cer- tify a perfon qualified in thofe refpeds, he is admitted a freeman, on his taking an oath of fidelity to thp State, The names of all that are thus admitted, are inroUed in the town-clerk's ofHce, and conti- nue freemen during life, unlcfs disfranchifed by a fentence of the fuperjpr court on convic* tion of a mifden^eanof. The Governor, oj* in his abfence the Deputy- Governor, in the Upper Houib, and the Speaker in the Lqwerlfoufe of AfTcmhly, have a paflr ing voice when thp Mpmber9 of the refpeftive Houfes, including the Governor and Speaker, are equally divided in opinion on any guedion* There which h,ve authori,! I ct-"' " ^"'^• h-r and determine all eivilTl ! '' "^ *» •PM from the count;:^; '^«''' "^ «^- Thi. court alfe ^.7* T ''"" "^ ««tcr, of divorce TU """"'''^ ™ »« fi""' of the f„p«;„ *;!•'•* "^0 ft-ted fcf. MnualJy. *^ '""« « each «oum^ There are alfo county courts heU- \' «1 counties. confiftJof ""! r ^'"**'^''- J«ftices of the Qnoru^ t/"''^ ""^ *»"' '» «» Criminal^; n:-; '"*J""««»ioh ^P*«i-cou„tie,^*Jt';^^*^'- not extend to life ijn,^ •^P^n'Ament do.!, wnty court, alfo ha.* '„ "" .'"";''^««t. m ;"«vi,.a^„,,;--|«^jWdiaio„^ fo«y /hillings. *' '^">««d «ceed. The fuperior and rn..^. "7 a jujy, acconlinfr to »». ™»"e« coiMinon law. ^ ° ^'" ^»rr? of the Jnftices of the ^-^-a^d determine e^^*^''* »«Wity to 7^^. <»-* not e«eed'^,^;;-here the de. *^ •'f-*ave authority in ,„J^^;H. Th^ ^a^es of a criminal mature. ,138 CONSTITUTION Ol^ CONNECTICUT, .jnature, puniihable by fine not exceeding for- ty ihxllings, or whipping not exceeding ten >firipes» or fitting in the flocks, t iThis State is alfo divided into a number of 'l^obatc difbids, lefs than counties ; in each of i which is appointed a Judge for the probate of f D( illsy granting : adminiAration on inteflate jeflates, appointing guardians for minors, order- ing .4iftributioh of inteflate eftatcs, &c. An appeal lies from any decree of this court to the Snp^not conttA iti: ri j'Jtiic fupcrior, county, and probate courts ^appoint their refpedive clerks. , The General Court has till very lately been ^^eonly court of chancery in this State. But ,|^a late law, the county courts determine matters of equity from five pounds to two Jjiundred pound? value ; the fuperior court from two hundred to eight hundred pounds value. ;^nd the General AfTembly a]l cafes exceeding the laft mentioned fuqi» All attornies at law are admitt:^d an^i fworri by the county courts 5 there is no attorney-general, but there ufed to be one King*8 attorney in each county ; bat fmcc the King has abdicated, the gDvernnient,^ tjicy ^^ nc W attornies to the Gov^fnor and Company. NEW- ESTABL THOR PURPC 4 ' * State, dot no author be exercij this State, granted bj U. Thi name and of this Stai that the fu State, fhalj ^nd bodi< The Asscj t *39 } JV E W.r OR K. ,ki\ C O/^S.T I T u T jo^ OF THE STATE of NEW-YORK. - ESTABLISHED BY THP r^^x,. ''"" "^ ' "' THORISED AND eZow^o^^'^^ON. AH, PURPOSE. APrS. .t! W '^'^ ^°^ ^HA5 r. granted by them, ^"ved 1. .n, ,„ j «. Thj? Convention doth further • '^ "ameand by the authority of the' ' '" of this State, ordain, det LT ^T^""^^" *«thcfupr.mele;iflatt "' '"' '"'"^' '^na bodies of" ' ".r '"''""'='"'' <«- ^'^ °^ ^HE State of New- 140 CONSTITUTION OF NEW-YORK. York; the other to be called. The Senate OF THE State of New -York. ; who together ftiall form the legiflature, 'and meet once, at leaft, in every year for the dif- patch of bufinefs. III. And whereas laws inconfiflent with the fj>irit of this Cortftitution, or with the public good,maybehaftilyandunadvifedly paiTed ; be it ordainedy that the Governor for the time being, the Chancellor, and the Judges of the Supreme CJOurt, or any two of them, together with the Governor, (hall he, and hereby are, conditutcd a Council to revife all bills about to be pafTed M6 laws by the legiflature ; and for tliatpur- fofc (hall aflcmble themfelves, from time to tithe, when the legiflature (hall be convened; for xvhich, ricverthclefs, they fliall not receive itiy falary or conflderation, under any pre- tentc whatever. And that all bills which have pafled the Senate and Aflfembly, fhall, before they become laws, be prefented to tfhe faid Council for their rcvifal and confideration , and if upon fuch reviflon and confideration, it fhould appear improper to the faid Council, or a majority of them, that the faid bill fhouJd be- come a law of this State, that they return the fame, together with their objedions thereto in f writing. writii whici who! Coun to re- re-coi or H( the fa fhall, the o{ Alalia two-tl law. And lay*, b not be after it be a la adjourr within the bill meeting of the {. IV. ' leaft fev in the r< lowing. CONSTITUTION OF NEW-YORK. 141 writing* to the Senate or Houfe of AiTemblyi in which- foever the fame fhall have originated, who (hall enter the objections fent down by the Council, at large, in their minutes, and proceed to re-confider the faid bill. But if after fuch re-confideration, two-thirds of the faid Senate or Houfe of AlTembly fhall, notwithftanding the faid objedions, agree to pafs the fame, it fhall, together with the objections, be fent to the other branch of the legiflature, where it fhall alfo be re-confidered, and, if appi-oved by two-thirds of the Members prefent, fhall be a law. And in order to prevent any unneceflary de- lays, be it further ordained, that if any bill fhall not be returned by the Council within ten days after it (hall have been prefented, the fame fhaR be a law, unlefs the legiflature fhatl, by their adjourntncnt, render a return of the iaid biH within ten days impracticable ; in which caf^ the bill fhall be returned on the firft day of tht meeting of thie legiflature, after ihc expiraiioa of the faid ten days. IV. That the Affcmbly fhall conCfl of at leafl feventy Members, to be annually chofej^ in the feveral Counties, in the proportioas foU lowing, viz. For ^k eONSTirUTlON O^ NEW-YORK' f - For the City and Coutaty of New- York, nine, the City ahd CouAty of Albany, ten. The County of Dutchcfs, y?v^». The County of Weftchefter, /x. The County of Ul{ler,/Ar. The County of SufFolk,/i;^. The County of Queen*s,y2?«r. The County of Orsinge, four. The County of King's, two. The County of Richmond, two., The County of Tryon, Jix, The County of Charlotte,yo/zr. The County of Cumberland, t/bree* The County of Glouceftcr, *wo. V. Tl^at as fooi^ after the expiration of feven years fubfequent to the termination of the prefent war as may be, a cen/us of the electors and inhabitants in this State be taken, under the direction of the legiflature. And if on fuch certjrts it fhall appear that the number of Re- preientatives in Aflcmbly from the faid Coun- ties is not juftly proportioned to the number of Eledors in ^he faid Counties rcfpedively, that the legiflature do adjufl and apportion the fame by that rule. And further, that once in every fcvcn years after the taking of the faid (iril CONSTlTtJtlON or NEW-YORIK. i4ji ^r^cenjus, a juft account of the Eledors rcfi-^ dent in eachcd^nty ihall' be taken; and if it^ fhall thereupon appear that the number of^ Eledtors in any county fhall have encreafed or diniiniihed one or more feventieth parts of the whole number of Eledors which on the faid &r(t cen/us (hall be found in this State, the number of P.eprefentativcs for fuch county fhall be encreafed or diminifhed accordingly^^ that is to fay, one Reprefentative for every feventieth part as aforefaid. VI. And whereas an opinion hath long pre-> vailed among divers of the good people of this State, that voting at eleiftions by ballot, would tend more to preferve the liberty and equal free- dom of the people than voting vivd voce : to the end, therefore, that a fair experiment be made, which of thofe two methods of voting is to be preferred : Be it ordained, that as foon as may be after the termination of the prefent war between the United States of America and Great Britain, an ad or adts be pafTed by the legiilature of this State, for caufing all eledions thereafter to be held in this State, for Senators and Reprcr- fentatives in AlTembly, to be by ballot, and di- reding the manner in which the fatne fhall be con- 144 CONSTIfVTION OF Nf W-YQHK.J * conduced, Ai>d whereas i| i^ pofCble^ th^t^ after a)l the c^x^ of the legifliilure in framing. liie ijiid a^ or a^ts, certain inconveniencies and mifchief«> unforefeen at this day, may be found to attend the faid mode of ele^ing by ballot : It is furthfj; ordained, that if after a full and fatr experiment fhall be made of voting by bal« lot aforefaid, the fame (hall be found lefs con- ducive to the fafety or intereO: of the State than the method of voting vhdvoce, it fhall be law- inl and conflitutional for the legiflature to abo- lifh the fame : provided two-thirds of the Members prefent in each Houfe refpedtively fhall concur therein : And further, that, during the continuance of the prefent war, and until the legiilature of this State fhall provide for the election of Senators and Reprefentatives in Afftmbly by ballot, the faid eledions fhall be made vivd voce. VII. That every male inhabitant of full ago who fhall have peribnally refided within one of the counties of this State for fix months im- mediately preceding the day of eledion, fliall, at fuch eledion, be intitled to vote for Repre- fentatives of the faid county in AfTembly, if, during the time aforefaid, he fhall have been a ffeehdder pofl'cfling a freehold of the value of twenty CONSTtttJtf^N Of KEW-YOkie. 145 twen^ pounds, within thefaid county, or have rented a tenement therein of the yearly Value of forty (hillings, and been rated and adtually paid taxes to this State : Provided always, that ever/ perfon who now is a freeman of the city of Albany, or who was made a freeman of the city of New- York, on or before the fourteenth day of Odober, in the jrcar of our Lord one thou*'* fand feven hundred and feventy-five> and (hall be adlually and ufually reiident in the faid cities refpeftively, (hall be entitled to vote for Repre- fentatives in AfTembly within his faid place of reiidence. VIII. That every elcdlor, before he is admitted to vote, (hall, if required by the returning offi- cer, or either of the infpedtors, take an oath, or, if of the people called Quakers, an affirma- tion of allegiance to the State. IX. That the Aflcmbly thus conftituted (hall choofe their own Speaker, be judges of their own Members, and enjoy the fame privileges, and proceed in doing bufinefs in like manner as the AfTemblies of the colony of New- York of right formerly did ; and that a majority of the faid Members (hall, from time to time, conftitute a Houfe to proceed upon bufinefs. L X. And h6 constitution of NEW-YORKi X. And this Conventi^o dot}! further, in ther name and by the authority of the good peo- j>le of this State, ordain, determine,and declare, that the Senate of the State of New- York Aiall confifl of tweoty-four freeholders, to be chofen out of th<; body of the freeholders, and that they be chofen by the freeholders of this State pofiefled of freeholds of the value of one hun- dred pounds over and above all debts charged thereon. u. ~ XL That the Members of the Senate be eleded for four years, and immediately after the firft eledion, they be divided by lot inta lour cla£es, fix in each clafs, and numbered one, two, three and four; that the feats of the Members of the firil clafs fhall be vacated at the expiration of the firfl year, the fecond clafs the fecond year, and fo on continually j to the end that the fourth part of the Senate, as nearly as poffible, may be annually»chofen. XII. That the election of Senators fhall be after this manner : that fo much of this State as is now parcelled into counties, be divided kito four great diftridts -, the fouthern diftrid to comprehend the city and county of New- York, Suffolk, Weftchefter, King's, Queen's, and Richmond counties > the middle diftri<^ to com- jiid coun eafle bcrla be el( ftridts follovi in the fix, an ordaim may b< the ter diredlic cenfus i Senator veral dij proporti freehold That wl of the /i clediors^ found to AalJ be c t'hat a It ^c chofen ind Orange j the wtftern diftrift. .k/ •. bedeaed by the frL\T ^'*'^" ^'^^ following, to wit i„r r ^ *' P'"?"'"''""* fi-.andi„.heeaf;:rt rCtrt?"^ ordained, that a .^>. fl^XbetSn aff' '" '' •""y be. after the expiration ^rr *^" "* the termination of TTr f '" ^''^ ^^°"* direftion of the lei ^ ' ""'' ""''"^ *« Senators is not S ''* ""«''" o^ vera] diftriL ^^tleT'T"^^ '' *^ ^- proportion as^IarlXbTtrr''''^'""*''* freeholder, qualified as aLe^d T"^'"' That when the nun^b^.T; j*'"''" ''"'' '''^'^' ofthefaiddiflri«?ft^:te" ''•*'"'"' t-=nty-fo„«h part of 1 ! "'"''^"^ ""• eJedors. which^; Ltd ;""''" °' ^°"ndtobei„thisC ';"f\*=""''« Aall bechofen by the li T^ ^*»^"'t ^hat a maioritv of !^ ''^ ^"^'' '^'ft"^- » majority of the number of Serato., . •'echofenasaforefaidjanbenece^rr " flittitfif 148 CONSTITUTION OF NEW-YORK. flitute a Senate fufHcient to proceed upon buii- nefs, and that the Senate {hall, in like manner with theAflcmbly, be the judges of its own Members. And be it ordained, that it fhall be in the power of the future legiflatures of this State, for the convenience and advantage of the good people thereof, to divide the fame into fuch further and other counties and diflri^s, as (hall to them appear neceiTary. XIIL And thisConvention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare* that no Member of this State (hall be disfran - chifed^ or deprived of any of the rights or privi- leges fecured to the fubjefts of this State by this Conditution, unlefs by the law of the land or the judgmeat of his peers. - . XIV. That neither the AlTembly nor the Se- nate (hall have power to adjourn themfelves for any longer time than two days, without the inutual confent of both. XV. That whenever theA(tembly and Senate difagree, a conference (hall be held in the pre- fence of both, and be managed by Committees to be by them refpedtively chofen by ballot. That the doors both of the Senate and AfTembly fhall at all times be kept open to all perfons, except CO cxce r quir jouri the neral and c refpc from turc \ XV ber of north but th amcun three h lature laws f< bute tl: hundrei trids ai the nur the Rep State, b forever JCVII theuani flcof t TT"*" CONSTITUtlON OF NEW-YORK 149 except when the welfare of the State fliall re* quire their debates to be kept fecret. And th^ journals of all their proceedings fhall be kept in the manner heretofore accuftonied by the Ge- neral Affembly of the Colony of New York^ and except fuch parts as they fhall, as - ^orefaid, refpe^ively determine not to make public, be from day to day (if the buflnefs of the legifla- ture will permit) publifhed, ^^ "^ XVI. It is neverthclefs provided, that the num* ber df Senators (hall never exceed one hundred, nor the number of Aflcmbly three hundred ; but that whenever the number of Senators fhall amount to one hundred, or of the Aflembly to three hundred, then, and in fuch cafe, the legif* lature fhall from time to time thereafter, by laws for that purpofe, apportion and diflri- bute the faid one hundred Senators, and three hundred Reprefentatives, among the great dif- tridts and counties of this State, in proportion to the number of their refpedive electors j fo that the Reprcfentatlon of the good pedple of this State, both in the Sepate and AfTembly, (hall for ever remain proportionate and adequate, XVII. And this Convention doth further, In the nanie and by the authority of the good peo-» t)lc of this State, ordain, detcrnriine, and de- L 3 clare, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I^IM 12.5 ■tt iiii 12.2 Hf uo |2.0 H& 1— P^Ui^ < 6" > Photographic Sciences Cdrporation 23 WIST MAIN STMIT WIBSTH.N.Y. I4SI0 (716)872-4503 v^^ ^ ^& ^ f\ V 5* o^ ISO CONSTITUTION OF NEW^YORK* clare, that tl^te fupreme executive power and, author!^ of this State (tisM be yeded in a Go- yernpr ; and that Aa^edly once in every three years, and ai oft^n as the feat of governflaci|| ihaU become vacant, a wife and difcreet freeholds er of this State ^all be by bs^llot eleded Gq^ vcrnpr by the freeholders pf this State qualific4 as before defcribed to ckfft Seiiatorsi which, ple^tion^ fhall be always held at the titiaes and places of chpp0ng Reprefentatives in AiTem^ly for e^h refpeiftiye copnty ; and that the per£bi) ivhp hath the g^eatefl number of votes >^lthia |he faid State, (hall be Governor thereof. Xyill. That the Governor fhall continue in pffipe three years ; arid fhall, by virtue of his p^ce, be pener^d and Comniander in Chief of all the Militia, and Admiral pf the Navy of this State ; that he fhall ha.ve power (o cofi-r yene the Afle|nbly and Senate on exjtraprdinsLry pccafions, to prorogue theni froqn time to time, provided; fuph prorogations ihall not e^f-^ ceed fixty days in the fpa9^,of.any oneycarjj l^nd at his difpretipn tp gr^nt reprieves apd pa^? dons to perfons convi<5ted pf crimes, other thaii treafon or murder, in vv!(j^hj^e n^sfy fuf- pend the execution of l;he fen^ei^pe, i|pt^l it ifhall be reported to the legiflatufc at their fub- fequenf to It CONSTITUTIOW OF NEW^YORC, 1511 faqueiit meeting; and they fhall;Cithtr pardoa ; or dired the execution of the criminal, or grant a larlher. reprieve. ^ XIX. That it fliaH be the duty of the Go^ * vefnor to inform the iegiflature, at every fcP' fibiis, bf the condition of the State, fo far as may refpedt his department ; to recommend ' fuch matters to their cohfideratioh as (hall ap«^ pear to him to concern its good government, welfare and profperityj to correfpohd with the. Continental Congrefs, and other States; to tranfad: all neceflary bufinefs with this' officers of Government, civil and military ; to * take care that the laws arc faithfully executed to the heft of his ability; and to expedite aft fuch meafures as may be rcfolved upon by the Iegiflature. XX. That a Lieutenant-Governor (hall, at every ele(ftion of a Governor, and as often as the Lieutenant-Governor (hall die, refign, or be removed from office, be elected in the fame manner with the Governor, to continue in office until the next eledion of a Governor ; and fiich Lieutenant-Governor fhall, by virtue of his office, be Prefident of the Senate, and, upon an equal divifion, have a caftlng voice in L 4 their 152 CONSTITUTION C«r NEW-YORK* their d^cifions* but not vote on any other oc-« cafion. > : And in ^^afe of the impeachment of the Go«- v^rnor, or his removal from ofiice, death, re- iignation, or abfenp? fropi the State, the Lieu- tenant- Qovernor (hall e^erp^fe all the power and au^orjtv appertaining; to the ofSce of Go- vernor, until another be chbfen, ortheQover- nqr abfent pr Impeached fhall return or bq acquitted. Provided^ that where the Governor (hall, with the confent of the legiflature, be out of the State, in tin^e of war, at the head pf a military force thereof, he (hall flill conti- nue in his conimapd of ^U the military force of the State^ bo^h by f^^ arid land. XKL That whenever the government ihal) be adminiflered by the Lieutenant-Governor, or he {t\2l\ be unable tp attend as f'relident of the Senate, the Senators ihall haye power to eledt one of their own members to the office of Prefident of the Senate, which he fhall ex- er^ife firo hac vice. And if, during fuch va- cancy of t|ie office pf Governor, the Lieute- nant-Governor ihall be ifnpeached, difplaced^ reiign, die, or b^ abfent from the State, the Preiident pf (he Senate (hall in li^e mariner as the CONSTITUTION OF NEW-YORK, 153 the Lieutenant-GovernQr, adminifler the go* . vernment« until others fhall be elected by the fuffrage of the people, at the iuccecding election. j XXII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and de«^ clare, that the Treafurer of this State {hall be* appointed by aft of the legiflature, to ori*^ ginate with the Aflembly: Provided, that he- fhall not be ek(^ed out of eithe^^ branch of thm^ legiflature, -- XXIII. That all officers, other than thofe who by this Conftitution ar'? dircfted.to be* otherwife appointed, fhall be appointed in the manner following, to wit. The AfTembly fhall - once in every year, openly nominate andapr*' point one of the Senators from each great di-^ flridt, which Senators fhall form a Council for the, appointment of the faid officers, of which the Governor for the time being, or the Lieute- nant-Governor, or the Prefident of the Senate, when they fhall refpedively adminifler the go- vernment, fhall be Prefident, and have a cafling' voice, ^«/ no other vote 5 and with the advice and confent of the faid Council, fhall appoint all 154 CONSTitOtlON OF NEW-yORIC. ah the iaid officers ; and that a majority of the fatd Counci} be a Quorum. And fiirther, the faid Senators (hall not be eligible to the faid^ Council for two years fucceflivcly. XXIV. That all military officers be appoint- ed during pkafure $ that all commiffioned offi- cefs« civil and niilitary, be commiffioned by the Governor ; and that the Chancellor, the Judges of the Supreme Court, and firf): Judge of the coilnty court in every county, hold their offices dtmng good behaviour, or until they (hall have reipeiftively attained the age of fixty years. XXV. That the Chancellor and Judges of ti^ Supreme Court fhall not at the fame time hold any other office, excepting that of Dele- ^tC'to the General Congrefs, upon ipecial oc- caijpiis i and that the firfl Judges of the county icc^Mru in the feveral counties, fhall not at the faoie time hold any other office, excepting that of Senator, or Delegate to the General Congrefs. But if the Chancellor or either of the faid Judges be elcded or appointed to any other office, excepting as is before excepted, it (hall be at his option \n which to ferve. XXVI. That Sheriffs and Coroners be an- nually appointed 5 and that no perfon Ihall be papabje of hol4ing either of the faid offices more CO] mure t riff of time. XX^ the Re^ pointed Supreme the Cle Jw^ge oi Marihal ]^4g^ oi Rcgifters ing the p, beappoin And th ielJars at J pointed b) Judge of tJ tivejy pleai the rule^ ar xxvui where by t office ffiall beconflruec ^^e Council new commi the county c CONSTITUTION OP K.^.yORK.,,, P-tcd by the Chan i; ^^^.^^ '-^ "i- Sup«me Court by the Judl ^ th r M *" *« Clerk of the Court ff Prln . ~''"* Jj^ge of the r^d «,„, \;J ^°^«« by the Marftal of the Court 0^1^ ^^'^ ""^ Regifters and Clerk, to cJnt te t f "^'"^ "Stheplearureofthoferwhirr"'"" be appointed as aforefaid. ^ ''^'"" ^''^ «« »« pointed Xr^^":f."^"-«-<'.^-p., ssT^srtft^etd"-^^^^^^^^ Office Jitt^raLL^/r:-^-)' •>« conftrued to be hllTd ' u °^"' ^'^^ Ae Council oTa^ "^ *'"' P'^"'"'"* "^ ' "uncii ot appointment : Provided tu \ new co«,miffion« ihall be irr . f' *''« the county court^VoT , '^ '°J»%»of ty courts (other than to the lirft Judge). and Ij6 CONSTITUTION OF NEW-YORK, tnd to Juftices of the Tczck, once at the leaft in every three years. XXIX. That Town-clerks, Supervifors, AiTefTors* Condables, and Colle£torS) and all other officers heretofore eligible by the people, ihall always continue to be fo eligible, in the manner directed by the prefent or future a6ls of Jc^flaturc. That Loan Officers, County Treafurers, and Clerks of the Supervifors, continue to be ap- pointed in the manner direcfted by the prefent or future a(fis of the legiflature. V XXX. That Dcl^atcs to reprefent this State in the General Congrefs of the United States of-'Aoiierica, be annually appointed as follows, to wit. The Senate and AiTemhly (hall each openly noniinate as many perfons as (hall be equal to the ^yhole number of Delegates to be appointed ; after which nomination they fhall meet together, and thofe perfons named in both lids fhall be Delegates ; and out of thofe per« fons whofe names are not in both lifls, one half fliall be chofcn by the joint ballot of the Se- nators and Members of AfTembly, fo 'met to* gether as aforefaid, ' XXXI. That the ftyle of all laws (hall be a^ follow?, to wit, ** Be it ena<3:ed by the People of CONSTITUTION OF NEW-YO*K 157 of the State of New- York, reprefented in Se*; nate and AfTembly." And that all writs and other proceedings (hall run in the name of'' the People of the State of New- York," and be tcftcd in the name of the Chancellor or Chief Judge of the court from whence they (hall iff\ie, XXXII. And this Convention doth farther, in the name and by the authority of the good people of this State, ordain, determine, and declare, that a court (hall be indituted for the trial of impeachments, and the correction of errors, under the regulations which (hall be e(labli(hed by the legiflature ; and to confift of the Prefident of the Senate for the time being, and the Senators, Chancellor, and Judges of the Supreme Court, or the major part of them ; except, that when an impeachment (hall be profecuted againft the Chancellor, or either of the Judges of the Supreme Court, the pcrfon fo impeached (hall be fufpended from exerci- (ing his office until his acquittal: and in like manner, when an appeal from a decree in equi- ty (hall be heard, the Chancellor (hall inform the court of the rcafons of his decree, but (hall not have a voice in the final fentence. And if the caufe to be determined (hall be brought tSt COWSTlTUftON 6f Nfe^^r.Ybitk. ' up by writ of error on a queftion Of law, oh a judgiAent in the Supreme Courtt the Judges of that court (hall aflign the reafbns of Aich their Judgment, but (hall not have a voice for its affirmance or reverfal. XXXIII. That the power of impeaching all pfiieers of the State, for mal and corrupt con- dud in their refpedtive offices, be veiled in the l^eprefentatives of the People in Ailembly; but that it (hall always be necciTary that two- third parts of the Members prefent (hall con- fent to and agree in fuch impeachment. That previous to the trial of every impeachment, the Members of the faid court (hall refpec-* tively be fworn, truly and impartially to try and determine the charge in queftion, accord- ing to evidence ; and that no judgment of the faid court (hall be valid, unlefs it be aifented to by two-third parts of the Members then prefent i nor^ (hall it extend farther than to removal from office, and difqualification to hold and enjoy any place of honour, truft or profit under this State. But the party fo con- vidted, (hall be, neverthelefs, liable and fub^* jedt to indidnoent, trial, judgment and punifh- menty according to the laws of the land. XXXIV. And CONSTITUTION OF NEW-YORX. f|| XXXIV. And it is further ordained* that ia every trial on impeachment or indidlment for crimes or mifdemeanors, the party impeached or indicted (hs^U be allowed counfel* as in civil aiftions. . XXXV. And this Convention doth further^ in the name and by the authority of the good people o£ this State, ordain, determine, and declare, that fuch parts of the common law of England, and of the ilatute law of England and Great-Britain, and of the ads of 'the legi« ilature of the Colony of New-^York, as toge* ther did form the law of the faid Colony oq the 1 9th day of April, in the year of ottr Lord one thoufand feven hundred and feventy* five, fhall be and continue the law of this State ; fubjedt to fuch alterations and provt« fions, as the legiflature of this State (hall from time to time make concerning th6 fame. That fuch of the faid a£ts as are temporary, iliall expire at the times limited for their dura^^ tion refpedively. That all fuch parts of the faid common law, and all fuch of the faid ftatutes, and ads aforefaid, or parts thereof, as may be ponftrued to eilabliih or maintain any particu-* lar denomination of Chriflians or their Minif- tcrs, or concern the allegiance heretofore yield- ed x6D COKSTITUriON Ol^ NEW-YORK. ed to, and the (bpremacy, fovd-eigntyi go- vernment> or prerogativei» claimed or exer^ cifed by the King of Great- Britain and his predeceflbrs over thd Colony of New-York> and its inhabitants, or are repugnant to this ConAitution, be, and they hereby are, abro- gated and reje^ed. And this Convention doth further ordain, that the refolves or refolu* tions of the Congreflcs of the Colony of New- York and of the Convention of the State of New- York now in force, and not repugnant to the government eftablifhcd by this Confti- tution, fhall be confidered as making part of the laws of this State ; fubjcd, neverthelefs* to fuch alterations and provifions as the legi- flature of this State may, from time to time« make concerning the fame. XXXVL And be it further ordained, that all grants of land within this State, made by the King of Great-Britain, or perfons ading under his authority, after the fourteenth day of Odtober, one thoufand feven hundred and fcventy-five, (hall be nuH and void : but that nothing in this Conflitution contained, fhall be conftrued to &ffe&. any grants of land, with- in this St?ite, made by the authority of the faid C raid Kii charter! any of that nor to be voi of any c between of our L vcnty-fii tution. / defcribed the tern: pointed 1 New-Yoi confent c the faid C by the C tion for t State, un Hature. XXXVI portance t< and amity be at all ti whereas wards the i COKSTITUTION OF NEW-VORtt* t6i iald King or his predeceiTors, or to annul any charters to bodies politic* by him or them» or any of them« made prior to that day. And that none of the faid charters (hall be adjudged to be voidtbyreafon of any non-ufer or mif-ufer of any of their refpedtive rights or privileges , between the nineteenth day of April, in the year of our Lord one thoufand feven hundred and fe. venty-five, and the publication o( this Condi- tution. And further^that all fuch of the officers defcribed in the faid charters refpeftively, as by the terms of the faid charters ^y^i^^ ^^ ^ ^P* pointed by the Governor of the Colony of New-York, with or without the advice and confent of the Council of the faid King in the faid Colony, (hall henceforth be appointed by the Council eftablifhed by this Conilitu- tion for the appointment of officers in this State, until otherwife directed by the legi- ilature. XXXVII. And whereas it is of great im« portance to the fafety of this State, that peace and amity with the Indians within the fame be at all times fupported and maintained ; and whereas the frauds too often pradifed to- wards the faid Indians, in contracts made for M their i6*i CONSTITUTION OF NEW- YORK!. th^ir lands, have in divers inflances been pro- dudtive of dangerous difcontents and aiiimo(i« ties : be it ordained, that no purchafes or con- trad s for the fale of lands made fince the four- teenth day of Odkober, in the year of our Lord one thoufand feven hundred and feventy- five, or which may hereafter be made with or of the faid Indians within the limits of thii State, fhall be binding on the faid Indians, or deemed valid, unlefs made under the authori- ty, and with the confent of the legiflature cf this State. ' XXXVIIL And whereas we are required by the benevolent principles of rational liber- ty, not only to expel civil tyranny, but alfo to guard againfl that fpiricual oppreffion and intole- rance wherewith the bigotry and ambition of weak and wicked Prieds and Princes have fcourged mankind ; this Convention doth fur- ther, in the name and by the authority of the good people of this State, ordain, determine, and declare, that the free exercife and enjoy- ment of religious profeflion and worihip, without difcrimination or preference, ^all Ibr- levcr hereafter be allowed within this State to aU mankind. Provided, that the liberty of confcience CONSTITUTION OF NEW-YORK. 163 confcience hereby granted, (hall not be fo confkued, as to excufe a€ts of licentioufnefs, or judify practices inconfiflent with the peace or fafety of this State. XXXIX. And whereas the Miniflcrs of the Gofpel are by their profelfion dedicated to the fervice of God and the cure of fouls, and ought not to be diverted from the great duties of theit fundion j therefore no Minifter of the Gofpel, or prieft of any denomination whatfoever, (hall at any time hereafter, under any pretence or defcription whatever, be eligible to, or capable of holding any civil or military office or place within this State. XL. And whereas it is of the utmoft im- portance to the fafety of every State, that it fhould always be in a condition of defence ; and it is the duty of every man, who enjoys the prote(5tion of fociety, to be prepared and wil- ling to defend it ; this Convention, therefore, in the name and by the authority of the good people of this State, doth ordain, determine* and declare, that the militia of this State, at all times hereafter, as well in peace as in war, fliall be armed and difciplined, and in readinefs for ifTvice. That all fuch of the inhabitants of M 2 this 164 CONSTITUTION OF NEW-YORK, this State, being of the people csflled QtmkerSf who, from fcruples of confcience,may be J^ffc to the bearing of arms, be therefrom ejccufed by the Icgiflature 5 and do pay to the State foch fums of money in lieu of their perfonal fervice, as the fame may, in the judgment of the le- gislature, be worth : and that a proper maga- zine of warlike ftorcs, proportionate to the number of inhabitants, be, forever hereafter, at the expence of this State, and by afts of the legiHature, eftabliihed, maintained, and conti- nued in every county in this State. XLI. And this Convention doth further or- dain, determine, and declare, in the mtmc and by the atrthority of the good people of this State, that trial hy jury, in all c^fes in which it hath heretofore been ufcd in th^ colony of New- York, (hall be eflablifhed, and remain inviolate forever: and that no adts of attainder iha]I be paiTed by the legidature of this State for crimes, other than thofe committed before the termination of the prefent war ^ and that fuch a^s &all not work a corruption of blood. And &rther, that the legiflature of this State ihall at no time hereafter inftitute any new court or courts, but fuch as ihall proceed according to die courfe of the common law, XLII. And CO^ISTITUTION OF NEW-YORK. 165 XLIJ. And this Convention doth further, in the jiame and by the authority of the good people of this State, ordain, determine, and de- clare, that it (hall be in the difcretion of the legiflature to naturalize all fuch perfons, and in fuch manner, as they ihall think proper $ pro^ vided all fuch of the perfqns fo to be by them naturalized, as being born in parts beyond fea, and out of the United States of America, (hall cotne p fettle in, and become fubje£ks of this State, (hall take an oath of allegiance to this State, ^nd abjure and renounce all allegiance and fubjedion to all and every foreign King, Prince, Potentate, and State, in all matters ec-* defiAftical as well as civil. .J By order, LEONARD GANSEVOORT, Pre^. fro temp M3 NE ^r- ( i66 ) N E W-J ERSE r. C O N S T I T U T I ON O F NEW-JER SE Y. WHEREAS all the conftitutional autho- rity ever poflcfTed by the Kings of Great- Britain over thefe Colonics, or their other dominions, was by compadt derived from the people, and held of them for the common ^nterett of the whole focicty, allegiance and proteiflion are, in the nature of things, recipro- cal ties, each equally depending upon the other and liable to be difTolved by the other's being ^efufed or withdrawn. And whereas George the Third, King of Great-Britain, has refufed protedion to the good people of thefe Colonies ; and, by aiTenting to fundry Adts of the Briti/h Parliament, attempted to fubjedt them to the abfolute dominion of that body ; and has alfo made war upon them in the moft cruel and unilatural manner, for no other caufe than af« ferting CONSTITUTION OF NEW- JERSEY. 167 ferting their juft rights ; all civil authority' un* der him is necefTarily at an end, and a diflblu- . tion of government in each Colony has confe- quently taken place. And whereas in the prefent deplorable fitua- tion of thefe Colonies, ejcpofcd to the fury of a cruel and relentlefs enemy, fome form of go- vernment is abfolutely neceifary, not only for the prefervation of good order, but alfo the more eife^ually to unite the people, and enable them to exert their whole forc^ in their own neceifary defence ; and as the honourable the^ Continental Congrefs, the fupreme council of the American Colonies, has advifed fuph of the Colonies as have not yet gone into the mea« fure, to adopt for themfelves refpedively fuch governnient as ihall beft conduce to their own happinefs and fafcty, ^nd the well-being of America in general : We, the Reprefentatives of the Colony of New-Jerfey, having been e)eded by all the counties in the freed qianner^ and in Congrefs gfTembled, have, after mature deliberations, agreed upon a fett of charter rights, and the forii) of ^ Conflitution, in manner following, viz* I, That the government of this Province M 4 ihall 168 CONSTITUTION OF NEW.JERSEY. £hall be vefted in a Governor, Legiilative Coun- cil, and General A0embly. IT. That the Legiilative Council and General AfTembly {hall be chofen, for the firft time, on the fecond Tuefday in Auguft next ; the Mem< bers whereof (hall be the fame in number and qualifications as is herein after mentioned ; and (hall be and remain veiled with all the powers and authority to be held by any future Legiila- tive Council and AiTembly of this Colony, un- til the fecond Tuefday in O^lober which ihall be in the year of our Lord one thoufand feven hundred and feven ty- feven, III. That on the fecond Tuefday in Oflo- ber yearly, and every year fore\er '(with the privilege of adjourning from day to day, as ciccaiion may require) the counties (hall feve- rally choofe one perfon to be a Member of the Legiilative Council of this Colony, who fliall be and have been for one whole year next be- fore the eledlion, an inhabitant and freeholder in the county in which he is chofen, and worth at; leait one thoufand pounds, proclamation mo- ney, of real and perfonal eilate within the fame county : that, at the ftme time, each county ihall alfo choofe three Members of AiTembly i provided, (ha^ no perfon fliall be entitled to a feat CONSTITUTION OF KEW-JERSEY. 169 feat in the faid Aflembly, unlefs he be and have been for one whole year next before the elecr lion, an inhabitant of the county he is to re- prefent, and worth five hundred pounds, pro* clamation money^ in real and perfonal eftate, iq the ^me county : that on the fecond Tuefday next after the day of eledtion> the Council and AiTembly (hall feparately nneet ; and that the confent of both Houfes fhall be necefii(ry to every law i provided, that feven fhall be $. Quorum of the Council for doing bufinefs, and that no law (hall pafs, ^unlefs there be a majority of all the Reprefentatives of eacl^ body perfbnally prefent, and agreeing thereto^ Provided always, that if a majority of the Re?- prefentatives of this Province, in Council and General AiTembly convened, fhall, at any time or times hereafter, judge it equitable and pro^ per to add to or diminifh the number or pro- }>ortion of the Members of Aflembly for any county or counties in this Colony, then, and in fuch cafe, the fame may, on the principles of more equal reprefentation, be lawfully done^ any thing in this charter to the contrary not- withflanding, fb that the whole number of Reprefentatives in AiTembly fhall not at an^ time be lefs than thirty- nine, . IV, That 170 coNsrxrurioN of new-jkrsey. IV. That all inhabitantiB ofthis Cc^ony of full age, who are worth fifty pounds, pro- clamation money, clear eftate in the fame, and have reiided within the county in which they claim a vote, for twelve months immediately preceding the eledlion, (hall be entitled to vote for Reprefentatives in Council and Aifembly i and alfo for all other public officers that fhall 1>e cle£ted by the people of the county at large. , • V. That the Aflcmbly, when met, fhall have jpdwer to choofe a Speaker, and other their oncers ; to be judges of the qualifications and el^ions of their own Members ; fit upon their oWn adjournments ; pfepare bills to be pafTed Wo jaws i and to empower their Speaker tb ronvehe them, whenever any extraordinary occurrence fhall render it necefiary. ' VI. That the Council fhall have power • to prepare bills to pafs into laws, and have other ^ike powers as the AfTembly, and in all re- Ipedts to be a free and independent branch of the legiflature of this Colony ; fave only, that they fhall not prepare or alter any money bill, which fhall be the privilege of the AfTem-^ bly. That the Council fhall from time to time be bee but] AfTei ofth ately theC place VJ at the ihall, fon w year, Counc ceedin choofe in the VII fence, have tl ccllor general militia and tha /ball, fult thei or Surrc COKSTITUTION OF NEW-JERSEY. lyt be convened by the Governor or Vice-Preiidcnt, but muft be convened at all times when the AfTembly fits ; for which purpofe the Speaker of the Houfe of AfTembly (hall always immedi- ately after an adjournment give notice to the Governor or Vicc-Prcfident of the time and place to which the Houfe is adjourned. VII. That the Council arid AfTembly jointly, at their iiril meeting after each annual ele£(ioQ» ihall, by a majority of votes, eled fomc fit pcr« Ton within the Colony to be Governor for one year, who fhall be conftant^Prefident of the Council, and have a cafting vote in their pro- ceedings, and that the Council themielves fball choofe a Vice-Prefident, who fhall a : XIX. That there ihall be no eflabUihment ^ my one religioiis fe<^ in this province^ ii| preference to another ; and that no proteftant inhabitant of this colony (hall be denied the enjoyment of any civil right, merely^ on ac- count of his religious principles; but that all peribns, profeding a belief in the faith of any protcftant fed, who fhall demean themfelves peaceably under the government as hereby efta-^ blifhed, fhall be capable of being eleded into any office of profit or tru(l, or being a member of either branch of the legiflature, and fhali fully and freely enjoy every privilege and immunity enjoyed by others their fellow^ fubjeds. XX» That the legiflative department of this Government may, as much as poffible^ be pre- ierved from all fufpicion of corruption, none of the Judges of the Supreme or other Gonrts, Sheriffs, or any other perfon or perfons pof- iefied of any poft of profit under the Govern- ment, other than JuAices of the Peace, fhall be entitled to a feat in the Affembly; but that on his being ele^ed and taking his feat, his office or poft (hall be confidered as vacant. XXL That all the laws of this province con- tained cdKsTirufibK'' or Mfiw-j^^FKiv. i^ taincd in -the cditidH Idfely publi/hed 'by Mrl Allinfoii^ ihall be arid remain in full force> until altered by the legilkture of this colony (fucK only eiteepted as- arc incompatible vt^ith thii chartcr-)y^iid (hall be, according as heretoforei regarded in' all rerpedtf^ by all civil officers^ and others the good pec^le of this province. ^i XXII. That the common law of England; as well kt £o much of the flatute law as has been heretofore praftifed in this colony, (hall ilill remain in force, until they fhall be altered by a future law of the legiflaturb> fuch pa^t^ oply eiicc^ted^s are repugnant to the rights and privileges contained in this charter ; and tha^ the ineftimable right of trial by jury (hall r^r main confirmed, as a part of the la\y of this co- lony, without repeal for ever. i X3f UL That every perfon who .(hall be eleded as aforefrid to be a member of the Lc- giflativc Council or Roufe of Aflfcmbjy, (hall, previouSito his taking his feat in Council or Affeniblly, take the following oath or affirtnar tioni'Viz.' '• '^ 'irliii. ' "■: , ' ■ .■■■•:'v;: / ■ ^' •; -^" li iA.i.By do folemnly declarci that/ aaa member of the Legislative Council or Aflcmbly, (as W c!afc^nisiy -fecfdf tlii Coioiiy :of Nc^»^ ^N jerfey; X)9 CO»»TfT«,TIpH.9P.,WE^-Jf»8P1f., Jeriey, I will not ^fTent to any kw, vote^, t)r pro- fc^dfngr which ihall ^pegr to me injuricMjis to the public welfare of faid Colony, nor that ihall annul or repeal that part of the third fee- $ion in the charter of this Colony, which eila- blifhcs that the eledib^ of members bf the Legiflative CfMincil and Ailembly fhail be an- |iual, nor tj^t part of the twenty-fbcond fec- tion in faid charter, riefpe^tilig the trial bjr jury» kior that (hall annul, repeal, or alter any part W pirts of the eighteen tifbr nineteetiili fe^iong tff tIkcJ feme.** . > \ .:u: i^ '- Attd ahy perfon, or perfons,* whf> ihall be ^c!i££l:td as aforcfaid, is het^by impowered to ad- ihinifkr to the faid inember$ the faid oath or laffirtnation. .- - Provided always, and It is the true intent fed meaning of this Congrcfs> that if a- recon- ciliation between Great- Britain and thefe Colo^ nifcs (hould tak« place, and the latter betaken '^ain wndcr'^e protc6liott-and govei^nment of -^b Crown of Sritain, this charter fh^ be null and void, otherwifeto remain firm and inyiolabk. iiiPiLtyviNCiAL CoNtsrREiss, N^w-Jetfey, Bur- ,-;:::^rr'^!^.- lingtoo, 3^^> ^17^* ■ ^Jii ^y order, ofCm^eJ^, § AlVf . TUCJC^Il, Pref. Extt^iffrom the Minutes, W. FATERSON, Sec, "'"■'- " PENN'l P Mi C { TION, J ATPUr "fl i;76. w fcctvi^y s itiich, and pofe it tq other bjei h^ beftov great ends people ho; ^hng(> it, O^ay appe^ and happii: of this Co I. m i Cp N 8 T I t y T i O N '...'■■ ■ . , . COMMONWEALTH of PElSrNSTfLVANiA/ TION, ELECTED FOR THAT PURPOSE, AND HELIJ AT PHILADELPHIA, JITLY i^, tfjd, AND CQNTJ^ .^V^D p- ADJOURNMENTS TQ §^PTifM^ER ^8* ■1776. 'JlEREAS all govcrt)wnt ought to .,.j..f)e iqflitutcd m^ foppprted for the ibcuri^y ^d p,ro4;ef^ioa of the community as JMch* ^nd tp enable the mdividuals who cptp* pofe it jCp enjoy their ri.atural rights^ aQd tl;^e Qthcr bleffipgs whieh the Authqt pf jp^xiftence k^^ hefto\ved upon nian ; and whenevfir thde |reat ends of government are t^ot obtained, the people ha^ve a right> bv common confent> to change it, and take fuch meafures as to them may appear neceflary to promote their fafcty and happinefs. And whereas the inhabitants of this Commonwealth have, in confideration Ma x£ I So COKSTITUTION cJf PENNSYLVANIA; of prot^dtion only, heretofore acknowledged alle|[^n(^ t^l^Kiig^f %r?at Bri^ln^anj. the faid King hais^ jaot QnJxjyixhdrawn that protec- tion, but commenced, and ftill continues to carry on^ with unabatea vengeance, a mofl cruel and urijtift%al' agjainft thtm/ employii^ there- in not only the trpopf pf preat Britain, but foreign mercenaries, favjigcs, and flav^s, for the avowed purpofe of reducing them to a total and jibjed ftibmiffion to the defpotic dohiinatibifi of the Britifh Parliament, with many other ails of tyranny, (more fully fct forth in the Declaration of Congrefs) whereby all allegiance and ftalty to the faid King and his fucceflbrs, are diflblved and at an end, and all power and authority derived froni* him ceafed in thcfe Colonies : Arid whereas it is dbfolutely neccf- iary for the welfare and fafety of th6 inhabi- tants of faid Colonies, that they be hence- ^forth free and independent States, and that juft, ^permanent, and proper forms of Government ,.cxift in every part of them, derived from and ..founded on the authority of the people only, - agreeable to the diredlions of the Honourable i: American Congrefs : We, the Rcprefentativca ?;aof the freemen of Pcnnfylvania, in General Con- 8^m happin< the art people j without felvcs fu % govci fully con to eftablij ^cnt as t nefsof th %, and without p particular whateyer, jisbyoyrc Wiftrtefo fndFaAMB TUTION of -'0 ftrfic th< /uphai-tiple Aund torei frmi^S %b a povfrnnvcnt, confcflin^ thp goqdfidiof ,thc Gr^t Goyeraor of thcUniycri^ (w^o^done knows ^.tQ3»^bit degree, pif WtHly happincfs mankind may attain, by pcrfei^ing the arts of Govcfftmefit)-4ft~pefmitting the people of thi^ State^ by common con fen t, and without violence, deliberately to form for them- felves fuch juft rules as they (hall think befl fpr governing, jhcir future focigty y and beipg fully convinced, that it is Qur indifpenfible duty to eflablifh fuch original principles of govern- ment as will befl promote the general happi- nefs of the people of this State, and their pode- rity« and provide for future improvements, without partiality for, or prejudice againft, any particular cUfs, fed^, or denomination of men \vbateyer, 4o$ hy virtue of the authority veiled in us by our conilituents, ordain, declare, and efla- blilh the follovwng Peclaration of Rights, andpRAME of GoyEjiNMENTtobethts Consti- TUT ION of this Commonwealth, and to remai(i in for^p therein for ever, unaltered, except in fuch articles §s iha}l hereafter on experience be found to require improvement, and which (hall i)y tl^^ f^mc authority of tbe people, fairly dcl?:^ N 3 ga^cd jbbtkining ahd Gxniitii^tMpttLt e^dtmd 4^|ti f H . ■«*-^ P If At. Ir * ■ ' P t C L A R At I 6 N ' Q F T H J5 p. I G H T S ■ pi" ■•#:H s INHABITANtS of thtSTATE of ^feNNS YtVANIA. i. THAT ati rnfeh dre born eqdatly free and indtet>endent> ^tid liSiVe c^ett^n iiatural^ ihberent, and tmulienabk lights^ iiinong/l >^ich are, the enjoying Sfhd deifending life |[nd liberty^ acqiiiringy po^eil&ng, artd pro- leding property, and ;^urMtig and 6btaiAin| happinefs and fafcty. tt. Thatall menhaveai^^turalatK^tihalleh- able right to ^otfliip Altiiighty • — : " or to be veil ever, ths in any m cnce in i III. T iblc, exc ingand fame. ' IV. T in and go therefore legiiltttive and ferva them. V. Th iniftttuted andfecuri CONSTITUTION Ot PENNSYLVANIA. 183 or of riglit can be conopelled to attend any rcy ligious wor(bip, or ere^ or fupport any place of worfinpi or maintain any miniflry, contrary to, or againft hi& own free will and confent ; nor can any man who acknowledges the being of a Gody be juftly deprived or abridged of any civil right as a citizen, on account of his reli- gious fentiments, or peculiar mode of rejigious worihip : and that no authority can or ought to be veiled in, or aiTumed by any power what- ever, that ihall in any cafe interfere with^ or in any manner controul,, the .right of consist- ence in the free exercife of religious worihip. III. That the people of this State have the folc, excluiive, and inherent nght of govern- ing and regulating the internal poUce of the fame. IV. That all power being originally inherent in and confequently derived from, the people ; therefore all officers of government, whether legiflative or executive, are their truflees and fervants, and at all times accouiuable to them. V. That government is, or ought to be^ inftituted for the'common ben^^ prote^iqn, and fecufity of the people, nation, or commu- •N 4 , nity i84 tJOKSTiTUTlON OF PENNSYLVANIA. nity I and not for the particular emolument or advantage of any fingle man» family, or fet of men, who are a part only of that community ; and that the community hath an indubitable, unalienable, and indefeafible right to reform alter, or abolish government in fuch manner as Hiall be by that community judged moil con* ducive to the public weal. ^ VI. That thofe who arc employed in the legiflative and executive bufinefs of the State may be retrained from oppreiTion, the people have a right, at fuch periods as they may think proper, to reduce their public officers to a private ftation, and fupply the vacancies by certain and regular eledtions. VII. That all ele^ions ought to be free ; and that all free men having a fufficient evident common interefl: with, and attachment to the community, have a right tp^ eled officers, or be ele£ted ipto office. VIII. That every member of focicty hath a right to be proteded in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expencc of that protedtion, and yield his perfonal fervipe when ncceflary, or an equivalent thereto ; but no part of a man's prQperty can be juftly taken from him, CONrriTUTIOM or PEKNStLVAWA; aif him, or applied "to public ufcs, without hit confent, or that of his legal reprcfcntativca ^ nor can aily man who is confcientiouily:fcrtH pulous of bearing arms, be judly compelled thereto, if be will pay fuch equivalent: not ^re the people bound by any laws, but fuckaf they have in like manner afTented to, for: liheis common good. .TIZ IX. That in all profecutions for crimmal offt fences, a man hath alright to be heard by hini&If and his counfeU to demand the caufe and nt-t ture of his accufation, to be confronted with the witneiles, to call for er'idencie in his faiNMli^ and a fpeedy public trial, by an impartidjaly of the country, without the unanimous consent of which jury he cannot be found guilty* nbr can he be compelled to give evidence againil himfelf : nor can any man be juftly deprived of his liberty except by the laws of the land, or the judgment of his peers. :i X. That the people have a right to hold themfelves, their houfes, papers, and pofleflions free from fearch or feizure j and therefore war-p rants without oaths or affirmations fir ft made; affording a fufficient foundation for them, and whereby any officer or mefTenger may be com^ mended or rec][uired (o fearph fufped^ed placesa or |M CONSTITUTION OF PENNSYLVANrA. oir to ici^e ar^y pfribiil br pcrfdni, his or rheir proper^^ not pahiciilarly defcribed^ are con- tttry^to that right, and ou^ht not to be granted. 1 Xi, That. in opntroverfies refpedling proper-* ty,'^and in fuits between man and man, th^ parties have a right to trial by jury, which Mght to be held facred. XII. That the people have a right to free*- dbni of fpeech^ and of writing and publi/hing Ihcir Ibntiments ; therefore the freedom of the preii ought not to be retrained. ii Xin. That the people have a right t6 beaf ff§^ for fen[^))ers ; they Wl^ f xpoU ftfomtWt bijt 55ot.J^/e(Qp^ tiiwf rcdfW g«^iev^nioe8 i impeach ftftK crimiQal^f ff^t cppftitutc lljjlif^^^^hprQJJghs, cities and cpuntiesij and I^^Uhavc all other powers nepeffarjr for the Icr ^j4s^f|irp of a free State or Commonwealth : Jl^t tjicy fttgll have no power to J^d to^ altff^ ftbolifh, or infringe any part of thi$ Co^^ - X^u A Quorum of theHonfe of jR,eprefr|ij^ •lives :flia]l cbnfift of two-thirds of tJjte ^^ number of Members ele^d ; and having met -»h€ eko!(en <^lr Speaker, fhall«adi of ihem, Xliolbiie llhey proceed to tefinefs, take and fub- ~i«rlbe, 9S twdU'the oath or affirmation of Ede- ^iify an^ atl^iance herein after dire^ed, as the \lefndt«iii>g Oath ^affirmation, vi:^. :i 11 ' *« J. '. 4o fwear (or affirm), that as a ^Mejtjfiie^ of this AtTembly, I will not pcopiore ^^ii^iH to any t>ill, vote, or reiblution, which -^»^^ fhall 'JD inii re COI^STITUTION W P^NJ^y^-Vj^l^W*) ^fi nor do or coofent t^ any^^,^ |}hi^; wteltPfvte their right? ?.n4 privileges,, »sd0pj8|fc4ln^'A^ ponftitutioa-oif fcl^is St^tCf/^^* will i ill 1^ ^h^ngsccududt my^lf as « £iithf«d hoacft &fi4 pr^feotative sumI gvardiati rf Hi? people,; :td* cording to the beft 9^:,a^f jvi^fmmi'imi f^nAnid each M^cpber before |)Aita)ce$J^ {^d I do l^ioyc ^h onefJCfod^ tl^ X^ea^qi ||^ Qqv^rnoicof the Uniyerfe^: theT^iyaijdcr oC the good,, and the'punifher^f^^e.tij^r^^^d, V^^AJ dp. ack no wle;,dge ,the fcriptures of- ,thc pjjd an4 . ■ . . . , ■ ' - ^ .' .-? - ■ -J '• - ■ . '. » ■. 1 . j^^' '. New Teftsunent to be given,, by divine, inr '. ..J ■'.: :;; -;_,. ' ,. mti; -^liuii iis;.^^/kl^il Ipiration. And no further or other religious ever hereafter 'be requirea of any civil officer or magiftrate irtt^is Stat^J ^"^ ^^uui:^iq.)i XI. Dde^ates to repr^fbni%is Siate 'A (Ml^ grefs fiiall be chofen by ballof by th^ /utiirfc General Affembly at their firit mee^lng^' and annually forever afterwards, as long as fach re- ""jprefcntaticii Ihall be neceffary^ Any Delegate may ,.q l«J^ m^irfi^^i lljf'^aAy iiiftc, by the Gctt6 dno^Her 'In bis ftcadv n lS|v jArsffticfefeffite^i^, ftor be capabl^ of re-ekaida* Iblr ^rdiytAfi^kt^mMs zMkik) J^i-fort who l«lSls^^ail]r'cM^iii^ the §i£tp{i iWConpM; XII. If any city or cities, county or tdi^ft* diaS ri«ilt^ . . . * : i ? .'■ -^ • ' in the city and each county in the Common - Wealth refpcdivcly, to be taken, and returned to them, on or before the laft meeting of the ■Affertibly eledted in the year one thoufand ftven hundred and feventy-eight, who (hall ap- point a Reprefentation to each, in proportion to i^'->- the CONSTITUTION OF PENNSYLVANIA. 195 the number of taxables in fuch returns ; which* Reprefentation (hall continue for the next feven years afterwards, at the end of which a new return of the taxable inhabitants fhall bemade« iand a Reprefentation agreeable thereto appointed by the faid AfTembly, and fo on feptennially for ever. The wages of the Reprefentatives in General Aflembly, and all other State charges* ihall be paid out of the State Treafury. ; XVIII. In order that the freemen of this Commonwealth may enjoy the benefit of elec- tion as equally as may be, until the Reprefenta- tion fhall commence, as directed in the fore- going fection, each county at its own choice may be divided into diftricts, hold elections therein, and elect their Reprefentatives in the county, and their other elective officers, as fliall be hereafter regulated by the General Aflembly bf this State. And no inhabitant of this State (hall have more than one annual vote at the ge- neral eledtion for Reprefentatives in AfTembly. XIX. For theprefent,the Supreme Executive Council of this State (hall confift of twelve perfons, chofen in the Following manner : The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chefter, and Bucks, refpedtively, fliall chufe by ballot one perfon O 2 for * ^96 CONSTITtrriON or PENNSYLVANIA. for the city, and one for each county aforefasd^ to ferve for three years and no longer, at the time and place tor elefbing Reprefentatives in General AfTembly. The freemen of the coun* ties of Lancaftcr, York, Cumberknd, and BeHcs, fhall, in like manner, elect one perfbn for each county refpectitely, to ferve a» Coun* cillors for two years, and no> longer. And the counties of Northampton, Bedford, Northum* berland,and WeflnK>re]and, refpectivdy, Ihallin like manner eled one person for each county, to ferve as Councillors for one year, and ne longer. And at the expiration of the time for which each Councillor was chofen to ferve, the free« men of the city of Philadelphia, and of the fe« veral counties in thb State, refpectively, ihall elect one peribn to ferve as Councillor for three years and no longer; and ib on every third year for ever. By this mode of election and continual rotation, more men will be trained to public bufinefs, there will in every fubiequent year be found in the Council a number of per- fons acquainted with the proceedings of the foregoing years, whereby the bufinefs will be more confiilently condudled, and moreover the danger of eftablifhing an inconvenient ariilocracy will be effectually prevented. AUvacancicointhe Council COMSTITUTION OF PENNSYLVANIA. 197 Council that may happen by (Jeath, refignation, ar otherwife* (hall be ii lied at the next general i;)ection for Reprefentatives in Gpneral Airem"- |>1y» unjiefa n particular election for that pur- fof^ il^all be jfooner appointed by the Prefident and Coonci). No Member of the General Af^ i*emb)y« or Pcle^ate in Congrefs, {hall be phofen a Member «f the Council. The Vrefi - 4ent and Vice-Preii4ent 0)all be chofen an* nuaUyt by the joint ballot of the General Af- fembly and Council* of the Members of the Council. Any perfon having ierved as a Coun* pillor for three fucceiBve years, /hall be inca- pable of holding that office for four years af« terw^ds. Every Member of the Council (ball he a JufUce of the Peace for the whole Com** monwealth, by virtue of his office. In caie new additional counties (hall here- ^ter be erected in this State, fuch county or counties (hall elect a Councillor, and fuch coun* ty or counties (hall be annexed to the next peighbouring counties, and (hall take rotation with fuch counties. The Council (ball meet annually, at the fame, time and place with the General Affcmhly. The Treafurcr of the Stat^. Truftees of the O 3 Loan 198 CONSTITUTION OF PENNSYLVANIA; Loan Office, Naval OfHcers, Colleaors of Cuf)- toms or Excife, Judge of the Admiralty, Attor- iiies-General» Sheriifs, and Prothonotaries, (hall not be capable of a feat in the General AiTemo bly» Executive Council, or Continental Con- grefs. Xyf.. The Preiident, and in his abfence the Vice-Frefident with the Council, five of whom fhall be a Quorum, fhall have power to appoint and cpmmiffionate Judges, Naval Officers, Judge of the Admiralty, Attorney-General, and all other officers civil and military, except fuch I as arc chofen by the General AfTcmbly, or the people, agreeable to this Frame of Governments and the laws that may be made hereafter; and fhall fupply every vacancy in any office, occanoi)ed by death, refignation, removal, or difqualification, until the office can be filled in the time and manner direded by a law or this Conflitution. They are to correfpond with other States, and tranfad bufinefs with the Officers of Government, civil and military ; and to prepare fuch bufinefs as may appear to them neceffary to lay before the General Aflem- bly. They fhall fit as Judges to hear and de- termine on impeachments, taking to their af- fiflance. CbNSTXTUTlON OF PENNSYLVANIA. 199 fif^ftrtce, for advice only, the Jufticcs of the Supreme Court : and (hall have power to grant pardons, and remit fines, in all cafes whatfoever, except in cafes of impeachment ; and in cafes of treafon and murder, (hall have power to grant reprieves, but not to pardon^ until the end of the next fefiions of Afkmhly ; but there (hall be no remidion or mitigation of punishments on impeachments, except by adl of the legiflature. They are alfo to take care that the laws be faithfully e}^ecuted ; they are to expedite the execution of fuch meafures as maybe refolvcd upon by the General Aflemblyjf and they may draw upon the Treafury for fuch fums as (hall, be appropriated by the {loufe : they may aifo lay embargoes, or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recefs of the Houfe only : they may grant fuch licences as (hall be directed by law 5 and (hall have power to Call together the General AfTembly, when necefla- ry, before the day to which they (hall (land ad- journed. The Prefident (hall be Commander m Chief of the forces of the State, but (hall not command in perfon, except advifed thereto by the Council, and then only fo long as th^y (hall approve thereof. The Prefident and O 4 Council / ^00 CONSTITUTION OF PENNSYLVANIA, Council ihall have a Secretary^ and keep fair books of their proceedings, wherein any Coun- cillor may enter his diiTenty with his reafons in fupport of it. XXI. All commiflions (hall be in the name and by the authority of the Freemen of the Commonwealth of Pennfylvaniaa fealed with the State-feal, figned by the Preiident or Vice* Prefident, and attefled by the Secretary, which feal (hall be kept by the Council, XXII. Every Officer of State, whether ju- dicial or executive, (hall be liable to be im« peached by the General AlTembly, either when in office, or after his re(i|;nation, or removal for mal-adminiftration. All impeachments ihall be before thePrefident or Vice-Prefidcnt and Council| who ihall hear and determine^ th$ fame. XXIII. The Judges of the Supreme Court of Judicature (hall have fixed falaries i be com- miifioned for feven years only, though capable of re-appointment at the end of that term, but removable for miibehaviour at any tinie by the General AfTembly : they (hall not be allow- ed to iit as Members in the Continental Con^ grefs. Executive Council, or General AiTcm^ bly, nor to hold any other office, civil or mili<* ta7i OONtTXTUTION OF PEKKSYLVAinA. tM ^ary i nbr to take oi' receive fees or perquifitei of tny kindr XXIV. The Supreme Court, and the ieve* Tal pourts of Common Pleas of this Corn** monwealthy ihalU befides the powers uAially exercifed by fuch Courts, have the powers of « Court of Chancery, fo far as related to the per- petuating teAimony, obtaining evidence from places not within this State, and the care of the perfons and efta'cs of thofe who are non comfotes men f if, and fuch other powers as may be found neceiTary by future General AlTem** blies, not inconliiUnt with this ConfUtution. XXV. Trials ihall be by jury as heretofore; and it is recommended to the legillature of this State, to provide by law againfl every cor- xuption or partiality in the choice, return, or appointment of juries, XXVI. Courts of Seflions, Common Pleas« and Orphans Courts (hall be held quarterly ia each city and county ; and the legiilature (hall have power to eflabliih all fuch other Courts as they may judge for the good of the inhabitants of the State. All Courts (hall be open, and juflice (hall be impartially adminiflered, with- 9ut corruption or unncceflary delay, AU their officers •M CONSTITUTION OF PENNSYL\CANIA. officers (hall be paid an adequate but moden^ ' compenfation for their fervices } and if any o^ ficer (hall take greater or other fees than. the laws allow him, either diredtly or indiredtly, it (hall ever after difqualify him from holding any office in this State. XXVII. All profecutions (hall commence in the' name and by the authority of the freemen of the Commonwealth of Pennfylvania ; and all tndi^ments (hall conclude with thefe words, Againji the peace and dignity of the fame* The (lyle of all procefs hereafter in this State ihall be, The Commonwealth of Pennsvlvania. XXVIIJ. The perfon of a debtor, where fhere is not a (Irong prefumption ,of fraud, (hall not be continued in prifon, after deliver- ing up, bond Jide^ all his eflate real and perfo- nal, for the ufe of his creditors, in fuch man- ner as (hall be hereafter regulated by law. J^Il prifoners (hall be bailable by fufficicnt fureties, unlcfs for capital offences, when the proof is evident, or prefumption great. XXIX. Exceffive bail (hall not be exadled for bailable offences : and all fines (hall be moderate. XXX. Jufticcs of thp Peace (hall be eleaed ' by CONSTITUTION OP PENNSYLVANIA. 103 by the freeholders of each city and county re«^ ' rpedive]y» that is to fay, two or more perfons may. be chofen for each ward, townfhip, or diftridi* as the law (hall hereafter direCk : and their names (hall be returned to the Prelident in' Council, who (hall commiflionate one or more of them for each ward, town(hip, or diftri^fc fo returning, for feven years, removable for mifcondud by the General AfTembly. But if any city or county, ward, town(hip, or diib:i£t in this* Commonwealth, (hall hereafter incline to change the manner of appointing their Juf* tices of the Peace, as fettled in this article, the General AfTembly may make laws to regulate the fame, agreeable to the detire of a majority of the freeholders of the city or county, ward, townfhip, or diftri^ fo applying. No Juftice of the Peace (hall (it in the General Aflembly, unlefs he firft re(ign his commiflion ; nor (hall he be allowed to take any fees, nor any falary Of allowance, except fuch ^s the future legiila- tare may grant. XXXI. Shjpriffs apd Coroners (hall be elected annually in each city and county by the free-» ' men ; that is to fay, two perfons for each of- fice, one of whom for each, is to be commif- fioned 904 CONSTITUTION OF FENNSYLVANIAi iioned by the Preii4ent in Council. No perfon ^all continue tn the oiBce of Sheriff more than three fuccei!ive years> or be capable af being ggain ,elc£^ed during /our years afterwards. The ele^ion fhal} be held at the fame time and f lace appointed for the ele^on Of Rcprefen, fatives : and the Commilfioners and AiTefTors, drtd other officers chofen by the people, fhall alfo be then and there eleded, as has been ufua] Jleretofore, until altered or otherwife re|;ulate4 ^y the future legiilaturp of this State* XKXII. All eledions, whether by the peo^ pie or in General AiTembly, fhall be by ballot^ free and voluntary : and any ele<5tor who ihal] receive any gift or reward for his vote» in meat, drink, monies, or otherwife, (ha}l for^ felt his right to eledt for that time, and fuffer fuch other penalty as future laws fhall diredl, And any perfon who fhall diredtly or indiredlly give, promife, or beflow any fuph rewards to be ele^edy fliall be thereby rendered incapable to ferve^or the enfuing year. XXXIII. All fees, licence money, Bnes^ and forfeitures heretofore granted or paid to the Governor, or his deputies, for the fupport of Government, fhall hereafter be paid in to the publiq ible of the )liQ CiWSTFfUTIOK Of WEMMSYLVaNIA. ia% {MiMic treafufyy unlefs altered or ifboltflicd 6y the future legiflature* XXXIV. A Rcgiftcr's office for the probate of wills, and grantingletters of adimniflration, and ... "If an office for the recording of deeds, fhall be k^ in each i^ity and cocmty : ' ther officers to be appointed by the General Aflembly, re* moveable at their pleafure, ahfd to be Commif* fioned by the Prefident in Council. XXXV. The printing prefles (hall be free to every perfon who undertakes to examine the proceedings of the legiflaturc, or any part of government. XXXVI. As every freeman, to prefcrve his independence (if without a fufficient e(late}» ought to have fome profeffion, callibg, trade br farm, whereby hemayhoneflly fubM, there cai| be no neceffity for, nor ufe in cftablifixxnjg; offices of profit ; the ufual effects of which are d^a* dence and fervility, unbecoming freemen^ in the pofTeflbrs and expedlants ; f^ion, contention* corruption, and diibrder among iht people. But if any man is called into public fervice^ to the prejudice of his private affairs, he has a right to a reafonable compen^ion : a^nd whenever an office, through iacreafe of fees of Qtherwife/ becomes fo profitable as to occafion many ,9o6 CQNSTTJUTION OF PENKSYLVAjMIAk / -■ ■ ' ^ ■ • many to apply for it» the profits ought to be leiTened by the legiflature. XXXVII. The future legiflature of this (Statf^ fliall regulate entails in fuch a manner as to prevent perpetuities. XXXVIJL The penal laws ^s heretofore ii(ed» ihall be reformed by the legiflature of this State as foon as may be, and punifl^ments made in feme cafes lefs fangulnary, and in ge- neral more proportionate to the crimes. XXXIX. To deter more effedually from the commifllon of crimes, by continual viflble pu- nifhmentof long duration, and to make fangui- nary punifliments lefs neceflary, houfes ought to be provided for punifliing by hard labour, ^pie who fliall be convided of crimes not ca- pital; wherein the criminals fhall be employed ibr the benefit of the public, or for reparation of: injuries done to private perfons : and all pidribns at proper times fliall be admitted to fee the prifoners at their labour. .^^XL. Every oflicer, whether judicial, execu* tive, or military, in authority under this Com- monwealthi ihall take the following oath or af- firmation of allegiance, and general oath of oflice, before he enter on the execution of his office : *.i^»aA(,.. The CON8TITUTICW OF PENNSyi^VANIA. aoy r^' ITbe >i>atb Qt affirmMiQn of ■ allQgui|c^-s ^* I do fwear (or affirm V tha^ 1;W|H be true and faithful to the Commonwealth of Pennfylvania : and that I will npt dir re6:ly or indiredly do any a£l or thjn^ pre* judicial or injurious to the Conflitution orlGo-^ yernment thereof, as eflablifhed by the Con- vention." The oath or affirmation of office : *• I do fwear (or affirm), that I jrill faithfully fx^ 'ite the offiee^of for the of and will do equal right j^ juflice to all men, to the beil of my judgemgnf and abilities, according to law." XL I. No public tax, cuilpm, or coDtctbttr tion fhall be impofed upon, or paid by ^ the people of this State, except by a law for^jtb^ purpofe: and before any law be made fi^r^u- fing it, the purpofe for which any tax is to b^ raifcd ought to appear clearly to the Icgiflatup^ to be of more fervice to the community than the money would be, if not coUeded ; wbidb being well obferved, taxes can never be burdens* XLII. Every foreigner of good chapter who comes to fettle in this State, having fiipft taken lot cm^rrmrtcm 6? piimsvLVAmA^ taken an oath or ftfBrmation of alle|^iance to the fame, may purchafe, or by other juil means acquire, hold, and transfer land or other real tftate $ and after one year's refidence ihall be 4eepied a free denizen thereof, and intitled to all the rights of a natural-born fubje^ of thta State, except that he (hall not be capable of being ele(5ted a Reprefentative until after two years refidence. XLIH. The inhabitants of this State (hall have liberty to fowl and hunt in jfeafonable linies on the lands they hold, and on all other landi therein not inclofed i and in like man* ner to fifh in all boatable waters, and others, ffot private property. XLtV. Afchool or fchocls (hall be efta- blifiied in each county by the legiflature for the convenient indrudion of youth, with fuch l^aries to the mafters, paid by the public, as may enable them to inilrudl youth at low prices : and all uieful learning (hall be duly encouraged and promoted in one or more uni« Verfities. XLV. |Lraw8 for the encouragement of vir- tue, and prevention of vice and immorality, (hall fhdi^be^ade and conftantly kept in force, and ptcniCton fhall be made for thdir due «xee&^ tibni and an religious focieti^'6pbodi6«rf*of nidi heretofore united or incorporated* fbr th6 advancement of ^Jigiort arid Icarhing, br for other piods arid charitable pUrpofes, fhalfjbe encouraged and protc^ed in the enjoymeiit or the privileges, immunities and eftates which they were accuftomed to enjoy, 6t could of right have enjoyed, under the laws andfyrmtr Conditution of this State. ' ^ ' XLVI. The Declaration of Rights is hereby declared to be a part of the Cbnftitution of this Commonwealth, and bujght never to be violated on any pretence whatever. XLVII. In order that the free4om of this Commonwealth may be preferved inviolate for ever, there ihall be chofeh by ballot by the freemen in each city and county refpe£lively» on the fecond Tuefday in Odtober, in the year one thoufand feven hundred and eighty-three^ and on the fecond Tuefday in October in every feventbyear thereafter, two perfons in each city and county of this State, to be called. The Council ofCensoi^s; who fhalji meet toge- ther on the fecond Monday of November, next P cnfuing 0^p QQmrvfvrmn of PtHNSYtViUfiA. . lBn£aing theif eledion ; tlic mftjoFtty cf prhom (kMhetk Qg^ni in tvipry esL{t» cgiccpt «a to fi^iUog • Coiiventioo, in which two^thirds of tb« whok number eledled (hall agree i and whole duty it Aiall be to enquire whether the Cooilitutioi[i has been preferred inviolate in every part; and whether the legiflative and executive branches of Government have per- formed their duty as guardians of the people, or afliimed to thesnielves, or exercifed other or greater powers than they are entitled to by the ConAitutidn ? They are alfo to enquire whether the pnblic taxes have been juilly laid an^d colledted in all parts of this ComnK>nwealth in what manner the public monies have been difpofed of, and whether the laws have been duty executed* For thek purpofes they ihall have power to fend for perfons, papers, and records ; they (hall have authority to pafa pub- lic cenfures, to order impeachments, and to recofmmend to the kgillature the repealing fuch laws as appear to them to have been en- a<5^ed contrarj^ to the principles- of the Confti- tution; thcfe powers they (hall continue to have, for and daring the fpace of one year from the day of their election, and no longer. The COmriTUTlONOF P|)mSYLVA)4lA. lit ThefaidCouncilofCeitfors (hall alfd haVe power to call a €onveiitioii| to meet within tWo years afcer their fitting, if there appear to them an abfolute neceffity of amending any artide of the Conftitution which may be defedive, ex« plaining fuch as may be thought not dearly exprefled, and of adding fuch as are neceflaiy for the prefervation of the rights and happinefs of.thf people : but the articles to be ame«ded» and the amendments propofed, and fuch ar- ticles as are propofed to be a^ded or aboUihedf (hall be promulgated at leaft (Ik months before the day appointed for the el^^ion of fuch Con- vention, for the previous confideration of thtf people, that they may have an opportunity of inftru^^ing their Delegates on the fubje^t. P 2 DfiLA' 'ts ■ D E L A fr AR E. 10 ^ , vants of the public^ and as fuch accountable for their condu^ i wherefore, whenever the ends of government are perverted, and public liberty manifeftly endangered by the legiflative fingly, or a treacherous combination . of both, the people may, and of right ought to cflabliih a new, or reform the old Government, VI. That the right in the people to parti-- clp^te in the legiflature, is the foundation of liberty and of all free government i and for this ' end 41 eie^ions ought to be free and frequent, and every freeman having fuiHcient evidence of P3 »per- »H CONSTITUTION 01^ 0ELAWARI, i permaiseintcoaMnon iotereft with, tnd attach >• snent to the community* hath a right of fuffrage, VIL That no power offafpending lawiy or the execution pf laws, ought to be txercifcdj oniefs by the legiilature, VIIL That for redrefs of grievances, And for amending And ilrengtheiung of the lawi, the legifiature pught to be frequently convened* IX. That every man hath a right to petition thelegiflature for the redrefs of grievances* in a peaceable and orderly manner. .:X* That every member of fociety hath a right to be protc^ed in the enjoyment of life* liberty, and property, and therefore is bound^^o contribute his proportion towards the expence of that protedion* and yield his perfonal fervice when neceflary* or an equivalent thereto ; but no part of a man's property can be juiUy taken from him* or applied to public ufes* without his own confent* or that of his Iqgal Rcprefenta* tives : nor can apy man that is confcientioufly forupulous of bearing arms* in any cafe be juflly compellei) thereto, if h^ wil) pay fuch e^ui^ valcnt, J(;i, That retrofpc^aive law* punifliing of- fcqccs epmrnittcd bcfpr? the exiftcnce c£ fuch law«4 CONSTITUTION OP DELAWA&K. ii^ laws, are oppreffiye and unjaft, and ought noci to be made. XII- That every freeman* for every injiiry done him in his goods, land$, or perfon, by any other perfon, ought to have remedy by t)ie courfe of the law of the land, and ought to have juftice and right for the injury done to him^ freely withput fale, ifully without any denial, and fpeedily without delay^ according to the law of the land. XHI, That tHil by jury of fa^ where they arife, is one of the greateft fecurities of the lives, liberties, and eftates of the people. XIV. That in all profecutions for criminal otfences, every man hath a right to be in- formed of the accufation againft him, to be al- lowed coun^l* to be confronted with the ac* cufers or witnefles, to e3^a:mine evidence on oath in his favour, and to a fp eedy trial by an im« partial jury, without whofe unanimous confent he ought not to be found guilty. XV. That no man in the courts of commoQ law ought to be compelled to give evidence againfl himfelf* XVI. That exccflivc bail ought not to be required, nor e?cceflive fines impofed, nor cruel pr unMflial punin:,ments infiidted. P 4 XVII. TJiat ai6 CONSTITUTION OF DELAWARE, XVII. That all warrants \^ithout oath tq learch fufpecfted places, or to feize any perfon or his property, are grievous and oppreflive i Sliid' all general warrants to (earch fufpidted i^Iace^^ or to apprehend all perfons fufpeAed, i^lthbut naming or defcribing the place br any perfon in ipecial, are illegal^ and ought not to begfantedr ^ XVIIf.'That a well-regolalcd militia is the proper/ nators^, 'saA 'fafe defence of a free go- vernment. XIX. THit Handing arnli^s are dangerous to liberty, arid ought not to be raifed or kept up without the cbnfent of the legiflature. i XX. That in all cafes and at all times the military ought to be under flridt fubordination to, and governed by, the civil power. XXI. That no fbldier ought to be quartered in any houfe in time of peace, without the con- fbnt of the owner ; and in time of war in fuch manner only as the legiflature ftall dired. XXII. That the independency and upright- njsfs of Judges are eHTential to the Impartial ad- miniftration of jufHce, and a great fecurity to the rights and liberties of the people. XXIII. That the liberty oftheprefs pught ^Q be inviolably prefer ved, THE ( »«7 ) • 5 ^ -T,]' T H 1 , , • .. f > CO N S T I T V f I O N, OR - . V .1 SYSTEM or GOVERNMENT. AGREED TO AND RESOLVED VPON BY THE RI- PRESENTATIYES IN FULL CONVENTION OJ" THE DELAWARE STATE, FORMERLY STILED, M THE GOVERNMENT OF THE COUNTIES Of NEWCASTLE, KENT, AND SUSSE^, UPON DE- LAWARE j»' THE SAID REPR^ENTATIVES BEING CHOSEN BY THE FREEMEN OF THJ^ SAID §TATfi FOR TH4T EXPRE5$ PURPOSE, I. ' I ^HE Government of the counties of J. Newcaftle, Kent and SuiTex, upon I!>elawarei (hall hereiafter in all public and othidr^ writings be called. The Delaware State. IL The legiflature fhall be formed of two diftindt branches. They fhall meet once on oftener in every year, and (hall be called. The General Assembly OF Delaware. ■' III. One of the branches of the legiflature fhall be called. The House of Assembly, and fhall confifl of feven Reprefentativcs to becho^ fen for each county annually, of fuch perfons ^s are freeholders of the fame. IV. The 8iS CONSTITUfiON OF DELAWARE, . IV. The other branch ihall be called, Ths Council, and confift of nine Members ; three to he chofea for eacji cuunty at the time of the drik election of the A0embly, who ihall be freeholders of the county for which they are chofen, and be upwards of twenty-iive years of age. At the end of one year after the general ele^ion^ the Councillor who had the fmalieil number of votes in each county (halt be difplaced, and the vacancies thereby occa- fioned fuppUed by the freemen of each coun- ty cboo£ng the fame or another perfon at a new eledton in manner aforefaid. At the end of two years after the firfl general eledlion^ the Councillor who ilood fecond in numt^r of Totf $ in each cpunty ihall be difplaced, and the vacancies thereby occafioned fupplied by a new election in manner aforefaid. And at the end of three years, from the firfl general eledion, the C^ouncillpr who had the greateft number of votes in each county (hall be difplaced, and the vacancies thereby occafioned fupplied by a new eledion in manner aforefaid. And this rotation of a Councillor being difplaced at the qid of three years in each county, and his of- fice fupplied by a new choice, (hall be contii i^ued afterwards in du^ order annually for ever^ whereby. CONSTITUTION OfTyttki^AkE, ii^ whereby, after the firft general eledion, z, Councillor wiirremain in traft for three yeaii from the time of his being eleddd, and a Councillor will be difplacedy and the fame or another chofen in each county at every eleAidli; V. The right of fufTrage in the eledion (^ Members for both Houfes ihall remain ^ ei;« ercifcd by law at prefent ; and each Houfe (^^ choofe its own Speaker, ajppbint its own o£Rpe.i, judge of the qualifications and eledions of iu own Members, fettle its owntules of proceed-? ing, and diredl writs of eledlion for fupplying intermediate vacancies. They may alio feve^ rally expel any of their own Members for mit- behaviour, but not a fecond time iiti the fame feflions for the fame offence, if re-eledted 3 afid they (hall have all other powers neceflkfy fci^ the iegiflature of a free and independent State. VI. All money-bills for the fupport of Gof vernment (ball originate in the Houfe of ACr fembly, and may be altered, amended or reject* ed by the Legiilative Council. All other bills and ordinances may take rife in the lEf oufe of AiTembly or Legislative Council, and may b9 alteredi amended or rejedted by either. VILA 920 CO^STlT^iPN OFrDEI^AWARE; . J i .' . ' ■ ■• • • y ■ • ■ ■ .- t— '^ ' ' VII, A Frcfidcpt pr Chief ^^giflratc flail 1^ chpfeo, by jmnt . ballot of bpth Houfes, to be taken in^he H9yre pf^AfTembly, and the box examined by the Speakers pf each HpujQs i^ the rprefenqe of. the otfier Mepibers ; and io cafe the numbers for the two, highefl in votes Hiould be equal, then the Speaker of the Coun* ctl (hall have an additional calling voice, and tile sfppomtment of the perfon who has the Majority of votes fliall be entered at large on the minutes and journals of each Houfe ; and i cojjy thereof on -parchment, c^r;tified arjd Sgned i^y the Speakers refpedtivejy, aqd fealed li^ith the great fi^al of the State, w^hich they tre Kereby authprifed to ^ffix,t. ^^11 be deli- Vered to the perfon fo chofen Prefident, who inall continue in that office three year^, and pntil the fitting of the next Gpneral AiTembly and no longer, nor be eligible until the expi- ittfbh of thr6e years after he (hall liave been -dttt of that office. An adequate hO[t moderate lltlary fhall befettled'on him during his conti^ ^iiahce in office. ^He may draw for fuch fums idf money as fhall be appropriated by the Ge- 'heral Afl*embly, and^ be accountable to them for the fame. He may, by and with the ad- vicq r* r; \t Tltuf lOK OF Mt aWaJLE. 221 VIC* of the 1*rivy-c6u.ncil, lay eihbargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the re-. ceisof the General AiTembly. He ihall hdy^ the power of granting pardons or reprieves, except where the profecution fhall be carried on by the Houfc of Aflembly, or thie law (hall otherwife dired^ ; in which cafes no pardon o^ Reprieve (hall be granted, but by a refolvc 0£ the Houfe of AiTembly j and may exerclfe s^ui the other executive powers pf government, l|r mited and retrained as by this Conftitution is mentioned, and according to the laws of the State. And on his death, inability^ or. at^^ fence from the State, the Speaker of the.Legi;- flative Council for the time being fhall be Vice?? preiident; and in cafe of his death, inability, or abfence from the State, the Speaker of the Houfe of Aflembly (hall have the powers of a Preiident, until a new nomination is made by the General AiTembly. VIII. A Privy-council confiiling of four Members (hall be chofen by ballot, two' by l!he Legiilative Council, and two by the Houfe of AiTembly : provided, that no regular officer of the army or navy in the fervice and pay of the Continent, or of this or of any other Staie,^ ihall 2S1 CPpI^STITUTIPN OF pj^p^WMf:* fhall be e^i|ible. And a Member of the |^^, |i£[ative C^buncil or of the Houfe of AiTeixibly Being chofen of the Privy^ council, and accept* in^ thereof, fhall thereby lofe his feat. Three Members ihvM be 9 Quorum, and their advice and proceedings fhall be entered on record, fnd ugned by the Members prefent, (to any part of which any Member may enter hi^ dif- fent) to be laid before the General A0embly> tv^ken called for by them. Two Members fliall be removed by ba!bt, one by the Lc- gifiative Council and one by the Houfe of Aflembly, iit the end of two years, and thofe w}io "remain the next year after, who fball fc- verally jbe ineligible for the three next years. s'Thcfe vacancies, as well as thofe occafioned by death or incapacity, {hall be fupplied by hew elections in the fame manner. And this rotation of a privy-councillor fhall be conti- nqed afterwards in due order annually forever. The Prefident may by fummons convene the Pmy-council at any time when the public ei^gencies may require, and at fuch place as he (hsdl think moft convenient, vyhcn and Sphere they are to attend accordingly. ' IX. The Prefident, with the advice and « iT ■ ■• ■ -■; .-,-.■•'•. . ■ % . V • i . ■ . ■ . ■ cpnfcat pf the Privy-council^ rpay embody the the CONSTITUTION OF DELAWARE, ^l^ ^ militiai and aA as Captain-general and Cdmmartder in Chief of them, and the other military force of this State, under the laws of the fame. X. Either Houfe of the Genera] AiTecnbly tnay adjourn themfelvcs rcfpeftively. The Prefident (hall not prorogue, adjourn, or dif- folve the General AfTembly ; but he may, with the advice of the Privy-council, or on the ap- plication of a majority of either Houfc, call them before the time to which they (hall (land adjourned I and the two Houtes (hall always fit at the fame time and place ; for which pur- pofe, immediately ihex every adjournment, the Speaker of the Houfe of Allembly (hall give' liotice to the Speaker of the other Houfe of the time to which the Houfe of Aflembly (lands adjourned. XI. The Delegates for Delaware to the Congrefs of the United States of America, (hall be chofen annually, or fuperfeded in the meantime, by joint ballot of both Houfes in the General Alfembly. XII. The Prefident and General AfTembly (hall by joint ballot appoint three Judices of the Supreme Court for the State, one of whpm (hall be Chief Ju(lice and a Judge of Admiralty i^ and Hi C6NSTlttjT10K OF DELAWARE. and alfo foarjoftices bf ihe Courts of Comriidh-i' fiesLB and Orphans Courts fbr each cotrh^/ dnc of whom in each CS^burt fliall'btf Ailed Chief Justice (and in cafe of d2- iT^jfioi^'on the ballot, the PreHdent i!ha11 havean additional cafling voice), to be commiflionedbjr the Preiident under the great feal, who fhall v continue in office during good behaviour ; and during the time the Juftices of the faid Supreme Cour( ai^4 Cou^^s of Common- Piegs ren^sunin. office, they (hall hold none other except in the * milij^f Any one of thejuilices of either of faid Courts (hallhave power*, in cafe of the noi^^com- ing of his brethren, to open and adjourn the Court. An adequate, fixed, but moderate falary ihall be fettled on them during their conti- nuance in office. The Prefident and Privy- connoil fhall appoint the Secretary ; the Attor- ney General; Regiflers for the Probate of Willsr anft grahting^ letters of adminiftration ; Regifrt tcrs in Chancery; Clerks of the Courts of Com- mon-Pleas and Orphans Courts and Clerks; of the Peace; who fhall be commiffioued as aforefaid, and remain in office dudng^ve years^: if they behave > thein&lves well, during which tjime the faid Rf giftcr js in^ Chancery and Clerks; 1:^ ^ * ^^^^ number, t in like ma tivc andP Peace for t nuance in 1 ofCommo Peace in th xiir, T mon-pJcas power of he ^sheretofon wifedirca. TheCIcrJ »PpoJ9r<^ b COK8TITUTIOK OF DELAWARE. 225 dt^lnqt be Juftices of either of thefaid Courts of which they are officers, but they (hall have authority to (ign all writs by them ifTued, and take recognizances of bail. The Juftices of the Peace ihall be nominated by the Houfe of Af- fembly : that is to fay, They fhall name twenty- fou^ per(bns for each county, of whom the Prefident, with the approbation of the Privy« council, (hall appoint twelve, who (hall be commiiHoned as afore(kid, and continue in of- fice duKngTeven^ years, if they behave them- felves well ; and in cafe of vacancies, or if the legiflature (hall think proper to increafe the number, they (hall be nominated and appointed in like manner. The members of the Legiila- tive and Privy Councils (hall be Ju(tice8 of the Peace for the whole State, during their conti- nuance in truil : and the Juftices of the Courts of Common-pleas (hall be Coniervators of the Peace in the refpe^ive counties. XIII. The Juftices of the Courts of Com- mon-pleas and Orphans Courts (hall have the power of holding inferior Courts of Chancery OS heretofore, unlefs the legiflature (hall other* wifedircdt. Th$ Clerks of the Supreme Qourt (hall be appoiii^tcd by the Chief JufUce thereof, and Q^ the 5 '. "* a»6 CONStlftJTION br DELAWARE. 'the.Rccordefs of Deeds b/ the Jttfticds df^-the Courts Qjf Cornmon-plcai for each couttty feve^ V^Uy, and commiffloned^ by the Pirefidetit un« d<^r the Greaft $edl, and ^ontimie in office five years, if they behaire tnenifelvcd well. . , Xy. Thft Sheri^s and. Coroners of the re- -''' '*■■ ■ "^ -'^ r<:'"!v.-! j;' '■:,) ^ • ;...>,.i-i^fj ••,■ J|»C^e f0^p^^?|. fli^U l?c.9^lpfen annually as .faer^ofbrffrand. any perfon having fervid three . yitars; as Sh^riiF^ . ihall, be ineligible fi^r three .y^oai Sr aftwii #n4 tj^ie Prcfidq;it, anjd P^vj^-f oun- :cil fliaU tnve ;^ aj^pointment of. fiich. of the ^o ^atiididfttc^ rctticned for! the ii^di^^es of i^iMiMs^ and Cooonecs, asthc^il^kll thiols beA Hjuali^d^ inthe fame. manner th^t thfc Gorg:- inor heretofore enjoyed thiApower^, , , - XVP.t%« General Aflembly by joint bal- ^ \tx fhdll lipj^i^^he GefitrabiaadField^-officers, Hriid^l other Offkcr«irt^i4nt5^yior navy of this State. And t^ Pfe^di^isc may appoint ^dSirm^ pK^ftffc; wirtil oth«mifi^ dircaed % the *legtfl'atuHer«ll it^efllary ci^U^filcors iic*.;hc«ifl Ijefbi^e-rtietttidntd; '^^^'^ o- • ^ i '^^''XVtf. Thetfe flwW be ii!f^^«pp«aifi^(«*!^^^^ Supreme Court of Delaware in matter)idf kw and equity, 16 a Couit of 'ieven^peribtt^i td ion- thjve coQtJn aikTbe theGi %and tfce old tfteCltrJ pKed by J and Court 'Heft#y.i ^ihoii-j or navy con ^cr^i^bj *cdof^^j. Uft 6f thfe Prefiaenit fi^ the -tibr b^jftigi '^^l^aff be <>rd^ the tttt- fivc irr. i rc- llyas three three -couiv- oflbe Bees of okbeft Cover* tj» ttW- >fficers, jyy of iby tbe ;iherieiB .... 1 ithel td ion- (hall iBiJU pi^^de;therein« and £x othect; ;to be ip<» poiiited, three bj Uw Legitbtivg C^Ofifi and tbree by the Houiib of AiTembly. ivbo fliall cootinoe in office diiiing good l}0hgvi9the execution of his c^irce, fh^l takc^the foUo^sdinjg; oath, or afiir- mation, if confcientioudy (cmptilousoir taking an oath, to wit. CONSTITUTIOM OF DELAWARE. 229 ** I> A. B. will bear true allegiance to the Delaware State, fubmit to its conftitution and law8» and do no ad wittingly \^hereby the freedom thereof may be prejudiced." And alfo make and fubfcribe the following declaration, to wit, ** I, A» B. do profefs faith in God the Fa- ther, and in Jefus Chrift his only Son, and the Holy Ghoil, one God, bleiTed for evermore i and I do acknowledge the holy fcripttires of the Old and New Teftament to be given by diviho infpiration." * And all officers (hall alfo take an oath of office, / je^ed to, fuch paws tod penalties as the laws (hall dire^. And all officers ihall bo re- moved on conviction of n^Ubebayiour at cpm* snon law, or on impeachmont. or upon the addreTs' oCthf General Atkmblf. XXIV. All A^ts of AfftmWy in force in this State on the iifteeath day of Mi^ lad (afid i^ot hiQrcby altered^ or qpntrary to the re- ^otions of Congrefs, or pf the late Houfe of ^^aibly of this State), (hall fo continue until tfte^ed or repealed by the legiflature off this State, unlefs where they are temporary, in which cafe khey i^iaU .ttxpire( at the thnes re^ 4^iftiveW limited lor their duratl(^> ; XXV. The cotnmioii kw of England, as ^11 as £p iniich of the Aatute la^. as have been heiietofbre adopted inifn^^p in this State, ^all remiin i^ fonpe, unl^pfs they Qiall be al* tered hy a fixture la>Y « of itbe legMlafure j fuch parts only excepted as ^re, repugnani;:to the rights and pcivileges contained it^thisConili* tutaoo, and the De^larf^^ .pf ^|^ig|ifs^;^c. agreed toby this Con ventipp. ^ non2 XXVI. Np perfen hereafji^r imported into this 3|:atP fpom Africa ought tp ^ Meld.^" ^*i i'> (lavery CdksriTUtlOK OF DELAXlTAmE. 231V flavery ^nder any pnetence whatever 1 and non jtegfo» Indian, or mulatto Have, ought to ba* hronght into this State for fale from -any part; of the world* .,j .^i^VII. The firft ele^ion for the Genera)| AiTembly of this State (hall be held on th^ twenty-firft day of OAober next» at the Court Houfes ifi the feveral counties, in the manner heretofore ufed in the eledion of the AiTembly, except as to choice of Infpedors and AdeHTors, where AiTeiTors have not been chofen on the fixtecnth day of September inftant, which (hall be made on the morning of the day of eledion, by the elcdtors, inhabitants of the refpcdlive hundreds in eath cotinty; at which time the Sheriffs and Coroners for the faid counties re- fpedtively are to be elefted j and the prefent Sheriffs of the counties of Newcaftle and Kent may be re-chofen to that office ^n til the firfl day .of O^ober in the year of our Lord one thoufand feven hundred and ieventy*nine, and the prefent Sheriff for the county of Sufleac may be re-chofen to that office until the firft day of OAober in the year of our Lord one thoufand feven hundred and feventy- ' eight, provided the freemen think proper to re-elect them at every general election; 0^4 and %%% CONSTITUTION OF DELAWARE and the prefent Sheriffs, and Coroners refpec- tivelj fhall continue to exercife their offices as heretofore, until the Sheriffs and Coroners to be ele^led on the faid twenty-firft day of Odfco^ her fhall be commifHoned and fwom into office. The Members of the Legiflative Council and Aifembly fhall meet for tranfading the bufinefs of the State on the twenty-eighth day of Goo- ber next, and continue in office until the firft day of October which will be in the year one thoufand fevcn hundred and fevcnty-feven ; on which day, and on the firft day of Odlobcr in each year forever after, the Legiflative Council, Aflembly, Sheriffs, and Coroners, fhall bechofen by ballot in manner dire(fted by the fcveral laws of this State for regulating ele and as fuch accountr able for their condu£l : wherefore, w)ienev€r the ends of government are perverted^ land public liberty manifeflly endangered, and all other means of redrefs are ineffedual, the peo- ,ple may, and of right ought to reform the old or eftablipi.a new government. Thedot to be convened or held'atittrjrbth^r ^plaC6/%ttt from evident necefihy.' ' X. That for red^cfs of grievances, and for amending, ftrengthenrng and prefervin^ *hc .]%w«s the kgiflatuve ought to be frequently ^§o«>re»ed. : _ -^f XI* That every man hath a right to peiition ; die legiilature for the redrefs of grievances, in^a pcacsable and orderly naanner. * XH. That no alif, charge, tax, fee or fees, 'ought to be ict, latedi or levied, undfer any pre- tence, without confent of the legiilature. ^ j^iii rr'. XIII. That •o CONSTIf UTION OF MAHYLAND, aj^ ' XIII- That the levying taxe» lyy the poll it grIevoviiS aad oppreQive, and pught to be abo^) liihe^s that paupers ought not to bft afle^ for the fupport of government ; but every other' peribn in the State ought to contrihuteliis pro->. portion of public taxes for the fupport of go« vernment, according to his adtual v^orth iii;rud dir'^erfonal property within the State ; yet fines* duties, or taxes, may properly and jvillj be impofed or kid with a political view for th«' good government and benefit of the commu- nity. ^ • ; * ... :-.. . v--.7"> XIV. That fanguinary laws ought to be ih^oided, as far as is conllftent with the fafcty of the State -, and no law to in^idt cruel and umi- fual pains and penalties ought to be made in 'any cafe, or at any time hereafter. ^^^'^ XV. That rctrofpedive laws, puhifhirigfa^' committed before the exiftence of fuch laws, and" by them only declared criminal, are 0{$-' prepive, unjuf|, and incompatible With' liberty,' wherefore no ex pofi faSlo law ought to be XVI. That no law to attaint particular per- fons of treafon or felony ougpt to be made ia any cafe, or at any time hereafter. * , XVII, That rXYHi That cvciy frccoaan, £qi aoy.injuiy doiMs;.htin la jiis pc^fon, or property, pu^ht jp have ceniedy by the coarfe of th^ law o|^ the^ land, and oughit to have juftice. and right, freely without iale» fully without any denial,; and fpeedily without delay^ according to the law of tbejand. ^ jjXym. That the trial of fafts where they, arlfe, is one of the greated fccurities of the lives, liberties^ and eflates of the people, • XIX. .That in all criminal ^ profecutions, every, man hath aright to be informed of .the: accu%ion ag^nft him, tp h^v^ a., copy of the indi^tm^t or charge Jn due time (if required) to pi^fpar^ for his defencp, to. be allowed Coun« .fel, t^^^ ppnjfrojted with the witneflcs againft him, to have prpcei^ for j^^s yitacfles, ^tp exa- mine the witnefles for and againft him on oath, ^a^ to a fpcedy trial by an imjpartial jury, without wbofe unanimous conjent he ought not to be found guiliy. . XX. That no man ought to be compelled to give evidence againft himfelf in a court of common law, or in any other court, but in fuch cafes as have been ufually pradtifed in this State, or may hereafter be directed by the' Icgiflature. XXL That !l COl ^»X| orifhjN berties, in %nj- of his f XXlf I'equiftSd, OK^tin'itfu 6f £iw;i XXIII feizt my opprMvt fufpe^d perfons, ought not xxm of any pal crime, ex< State, and tainderi xxv^ ^ proper and COKSTlTUrroK OFMAItVLHWD. hi 'XXI^'That niarfnepan ought 16 BdMlkSen OF iAifn&Mcif of difieUbd of hi* fnthcUdi : lif bertieSf or prWikget>.er outlawod/oracikd^ of in ktff- ttiann^r d^rdf«4 or dtpiiv«d of his ltfe;4n^t]^, dr |Mtftpeft)^cbttt by tU^ rj4i(^gmenr of his pccn. Of hjtht law of theisnd.. : ,^>i XXIf; Thtetiexceiiive bail ought IlKOC to be ^«quii«d, nor eycdlive fines impo&d^ ; nor cruel opiunufual punifhments infli^d b^ the courts^ ti^w.\i : ' '■ ' .^'nr^f'.m f' r ' ■. XXIII. That all warrants without oath'o^ affo^TM^. to fearch fufpeAed' plaqe«» or to feiz^ afiy> perfon or prt^per^, are grievous and op>(>r(9fllve' I and all general warrants to fearch fufped^d places, .or to apprehend: fufpd^ed perfons, without naming or ddci]il)ing die p)a<^ or flieperibn in rpecisdt' are^itlegal/ and ought not to be graoted. • v f'l ^ XXfV; That there.ought to be no forfeiture of aiiy paftof the:6f .Jtbci»«p99|3tl^ft wbefiilaf^dthcdGbanecUqr. imdi i ijud^xou^i; to biddiiibeifiQittnoiiffionftdufing goodtb^ti^viQ^rj and the iaid Chancellor and Judges ib^ji): t^ .oediov«d'fiir mifbdiavioui't^ 0% c;oQ«J'i<5ti^t\ Jq a ooortcj' hc^jf andm^yJbcLreimQVfid lj^:ll^(^- vernor upon the addrefs of the Gcnerali.^jr- icrhbljr, pirwidcd that twcftthirds of all the Mem- CDN6TITUTI0N OFI BlAKYLAKD. 243 Members of qKrli'^Hottie conoaf in iuch «d. drfeftil "Tbfit'&hiries Itb^l but oot prpf^lfc ougbir to^ be icfcored to the Chancellor add the Judges duriiSig the continuance Of their com- mi05ionh in fu^b iftamier and at fuch times as the legiilature ^all hereafter dired, upon con^ ' ikbfation of the circumibmce« of this State : no ChanceDpr or Judge ought to hoi any otb^r: Qifice»* civil or militaiy> or receive fees or perqwiit^s uie or benefit; and alfo every dsvifeof goods or chattels to, or for the fup- port, uie, or benefit of any minifler, public teacheo or preacher of the gofpel, as fuch, or R 3 any fpirja bifrying-girpmi^, wbi^|ji,(hrtJ[ h^\wf^^^ of trwft Qfj^ofii, |th|fifi^^|9^^^^^ fiddity to t^lJ Sta^, and ^f% qat)? of qfl| r^ .^^^^.c . 3^X;|y !• Th^t thp f^a^ner of aiiimnifl^ring ail pajth ^any perfoi), .(W^,|^ fe? a§ tliq<« ?Cf^ feligioi^,pefiHafiQn, p^felfip^ py ideAoxnina!tk>n^ of Tf^jbiicl^ fi|ch per4?n i^ piiej generally ,eileem the mpftpfFe^ual cpnBir§if|tipi| by the atteftation of the P|??ij?c. i|?^f)^, :Apd that the people called Qm|ktfrf^ thflfe called Puokers, and thofe 5:41ed l^e^oniilsk holding lit unlavv^ful to take an oath 911 any occailon, ought to be alloy^ed to mikeihtif folemn af* ^cma^qn in the manner th^t Qjiakers^haveheen ■ r^ : heretofore '^^t^iftii whbih thli Stsit^ ' idtdid privil^ps, and be^efi^s, agreeable to it$cWter, and the A^spf AHeip- bty'conflrmhig aiid regulating the fame; fub- jed neverthelefs to fuch alterations as may be made by tliis\Gon^ntioni or an^ future legi- 3 % XJtiViil. that the liberty of the prcfs ought to be inviolably preferved. XXXIX. That monopolies are odious^ <.,con- trary to the fpirit of a free government and the pniKiplcs of commerce* and ought not to be Ainered. XL. That no title of nobility or hereditary honours ought to be granted in this State. R 4 XLI. That ;m» 99^8i^flTiOH or, MAIiXMWn. ^^^ P£|y ^ Tftfit J, the ,fubfi%g rcfp jvc8 , ^ {bis jlony^ pWj^t^tta be in force w laws, ^nl^s^fil- l^ed by ^is Convention, or ,t^e legi|la^ui:<^ of .fhw State.. '■.ui^)>n/: ,, , XJPU. That tbia Dcclarat|pn of Rights, or ibe Form of Covernment to be efUblUbed by ^tjt^s Convention, or any part of either of tbem> pug^ not to be^altered, changed, or s^bpUi^ied by t)ie legiil^ture of this Sts^te, but iin inch .manner as this Convention (hall prefcribe .and direct. This Declaration of Rights was a0ented to aiid pafled in Convention of the Delegates of 'the Freemen bf Maryland^ begun and held at Annapolis the I4.th day of Auguft, JU D, ^77^ ' . : . ■ [ .■■■' : . fy Order of the Cwiuntioni MAT. TltGHMAN, President. auixiyj tm < »4f > •'. t ! ,•-•■■■ .iVf^, THE CkO N « T I T U T I O N, . •.-..) ■. oa FORM of GOVERNMENT, &c. I. npHAT the legillatureconfift of iwo di- flindt bl^anches, a Senate and a Hou(b of Delegates^, whicli (hall be ftiled» fHB Ge* iiBRAL Assembly of Maryland. II. That the Itoufe of Delegates (hall be chofen in the following manner : All freemen above twenty-one years of age, having a free- hold of fifty acres of land in the county in which they o£fer to vote, and reiiding therein ; and all freemen having property in this State above the value of thirty pounds current money, and having refided in the county in which they offer to vote, one whole year next preceding the eledtion; ihall have a right of fuffrage in the election of Delegates for fuch county ; and all freemen fo qualified (hall, on the firfl Mon^iay of Odober feventeen hundred and feventy-feven, and on the fame day in every year thereafter, affemble ISO CONSTlTUtlO^^ OF MARYLAKD. aflemblcin the counties in which they are re* fpedUvely qualified to vot^ at the Court-houfe in the faid counties, or at fucht>ther place as tl^e legiHature {ha}l difedb^ atl# w^en^^eiobltd they (hall proceed to eledt, vhd voce, four De- legates for their refpe^ive counties, of the moil vrife, fenfible, and difcreet pf the pcop^f 4 v'^^- detiti; in the county where they are to he chofen o^e whole year next precedin^^ the fcl«£li(>n^ ahove twenty-one years of age, and havi^ in ue State/ real. or perfonal property ^bove the value of five hundred pounds current money i and upon the fipal calling of the po)ls, the four perions who fhall appear to have the great^(l humber of legal votes, fhall be declared and re- turned duly eledted for their refpcctivc coun- ties. ' ' ' ill. That the Sheriff of each county, or, in cafe of ficknefs, his deputy ^fummoning two 5u(!ices of the county, who are required to at- fiehd for the prcfervation of the peace) fhall. be i^e Judge of the election, ^nd may adjourn from day to Say, if hecelTary, till the fanie be finished, fo that the whole election fhall be conduced in four days ; and fhall make his tttiith thereof, under his hand, to the Chancel- lor of this State for the time being. IV. Thar ^eflet^iliaU on the £ime fil-ftMondajof jOci tdbeeftfCBtiQenhuiidredairKl Ibventj^-leveii^ ani 011 th^ tftme daj^ in every ^year forever there* fltfbr^ eledt^Mwr^, by a inajority of vdte^ tW« IXddgirteb^ ^iuiMed ogrMble to the iiaH chat^s thtft the Mttyori l^tebrder/and Aiifer*' i^eh <^iihe fidd tity, or any idiite^ of th«;ii), iS)); Judges of theelection, appoint the place in thfc Ikid cliy for'holding the lam^/Hindtnay adjofurn fr6m day to day as aforefaid, and fhall make retumdiereof as afore&idi hut theinhal^itiiitis of the faid city ffall tiot^^rttitfed to vote^for Delegates for Anne- Arundel comity, ublcfft they have a freehold of fifty acres of land % the county, diftlnct from the ciiv. * V . /that all pcrfoos,. inhabitai^tt. of Baltimore toynip iand )^^v4ng (he ipime '^^lifications as electors,' iti the county, Khali,' on the fame iiri): Monday in Odtober feventeen hundred and fevcnty^lfeven, and^e fanid-day in every year forever thereafter,' at^fuch pkce inthe faid fowh a^ th^J«idgbs:thiall appoint, dc^ mJ degal^^, Qualified 4s aforei^d ; but jif the faid inhabitants of the tovirn %0 OONSTITVTliM OP* ifAft^i^AM^. town (hall fo deorotft, •» ttet^the^hnmber of ptribnt havin^^ a right of C^^ih^g^thenihig QM have been for thd fpaee of feven yean^ iiiooef^ fiveljr left than ona»half the number of votera in ibme one county in this State/nAick town jthenceforward 0iall ceafc to And rtw^o Jki^ gates or Repr^^aiiUtives tfi thf Uo^fa of Pflff gates* until thci (aid town ih^U hayieone-hfilf of the numbci^ of^Toters in fomp; oije, county in ^his State. dj^n. , .. ,.i:[ VI. That the Commiilionert of the iaid tQwn» or any three or more of them, for the time being, (hall be Judges of tjbe/aid c;lej£fci9n, and may adjourn as ^afore&idp> ^nd (hall piake |Cturn thereof as aforeiaid j but theanhabitfuits of the faid town fha]l not be entitled to VQ|te for^ or be elected Delegates for Baltimore county j Sieither (hall the inhabitants of Bajiimore coun< ty>outof the liaiits of Baltimore town, be en- titled to vote fOfy pr be ele^ed {delegates fqr, the faid town. , r r^ ^,^yil. That on refufal, ^a|th,^difqus41fication, reiignation or removal out of dl^i^tate, of any Pelegate, or, on his becoming -Governor or Member pf the Council, a warrant pf e^edlion ihall ifTue by the Speaker, for the el^dtion of another atle«ft» tectoHfi^ thrdiyof it^ticrancl'dAjIfcf: eleAi(»»ihflUb«'gfyeii3; * - ftnf / . V :V;iIlijTllatj)Qt ltd than' amtjoHty of^iBif l^alf 8a WtthUhfir Sp6aker»v(t(» h»jchbfih.b^ tJififn,:byvbftlk>|)iconfti|ujc;,ftn Hbuib for. thc^ tranfadlion of any bufinefs, othef tbul that of . J^i Th^li'ihfii H3Dokgttef!'(hall j^4g^ of t)i^^lfi^c^s Aodr^MPlUticiatioos of De^ legates,^ ^.: r-''jn . •;■ 'tiQ lo'^^' ' •^ , : X. T^t•lj^eJHaufeof Delegates m^y origin nate allmon^y ilJfls^ prppo& hills to th^ ^nate, or receive thofe of&red by that body» and affjsi^t^ diflent, or pn:)>Qft, apendmenjf ,i; j^^^a^they may inquire, on the oath of witncfles^J^ito all comiif plaints, grievances, and oflfenqes,.a)9 the grand inqucft of th^s State, and may j^onm^t, any perfon for an^ cripe to thf^publicgaot, thm to remain till he be difcharged by due cpurie^o| law. They nnay expel any Member fpr ^ ar);at mifdemeanour, but not a fecond time fpif, ^ fame caufe. They may examine and pafs al| aj9rt counts of the State, relating- either to the colt; ledtion or expendiuiire of the reytinue,or appoint auditors to ftate or adjufl; the fame. They mfiy call ^ corn WfOTioii ^ iMr ivnTEJMV? talrftnd iii pii fan^libin Jlicy iiiay ] tidgi flii ikt^ fary, in the courfe of their vnqoMbl^ebnCKRiiil^ ftAOnl rehtiof >to ths publk hntMti tM May cMMk 1^ ofice bonds (ndiicii 'Adt bt MMM ptyabit tb ffte Sfittt)' to' be fttfi^ fir M m^ XL That the Senate may be at {ufL tiOif^* fictlibdtf tb iBKeroifd thd^ Jlld^eibeni- i^pitT- by the Houfeof Delegates either to itjeef si iiJmqrbitr^idl the emer^^y^^ifiyrs rhay li^i^x^tb^sdK^4b^fbm4dttl(^M'i^^ «K^fifiReir''coiifi!ieMle aiid^'jdi^^Ht injih. Nolft Vb'thi^p^blii: Welfke i"; ttt^1^^ te^s" (hdl' not 6A any occafidnl dV'under' s^y ^i^cel'attSnex tb;%'biend vnifiaiiidti^ lult^ ^y' i^itter?!61»]l£i W thing; nbt^niinediktefy fi!afi}fg ta, «ia AccefBiy for the fei{)6fing; *^f- fefliigi levyirigi^ot^^plying the taxes or fifp- p^ fo be^rterf for the (uppori of Covcrn- Irfthi^'^or thi^ictifrint expelid^s of the State : ind ^d prevehf aftercation abobt fuch bills/it is dichkid, 4hdt- m> biilimpofing duties or ctif-- loih^ilbr the mere regulation of commerce^ or itifllbdng fines for thee reformation of morals» of i^^-> . to .f<^ii v-t to in&roe th^ exiCttCioA #fiih«^kwriribyf wkicb fmtfUfid a;ii|ioiii^ btlU but every bil)«fliS^ kvtying, or. .applying taxet . or XMpplifis ^.ibt foppoct of Goyermnent, or the curnept; wfimiBm 9^ the Stater ^r appropnating moa^.m. lh« TNaf4ryiA)ialPbr deemed a in^iicy«fa>lU^»iT 'XII. Thaif^the HdUfe of Delegate may f«^ tiitiiy 1>y ini|k£(biiment, anyperfon ^be fliaM tie guilty 'bf a Contempt In their yit^^bfltiif k]R^raert/^6r^ ViotOiM behaviouK or by threati tOa^ or abufe of their Members, or b^ an^ bDilru^ipnlbo tWir proceedings. Th^y nitt^illb pilniih, i^imprttonmehti aiiy i)Sferf ximiliA DC ffuitty of a breach of privilege, by iu^iilitt^ on^civil procefs, or by afTaul ting any ofdleir liiembers, during their fitting, or on weir wajr ^o*.or rctMmirom the Houfo of Dclegites ; or b^ j^i\^'a(&u]| off or obftrudtioo tp their omc^en^ in the jexecutipn ofany order or procefs j orwi ,air^tt^in^ |pr ojpftru^ting any witneft, o^ any .pfb^r perfoi^ aUending on, or okj their Vayi^p. or from the Houfe ; or by refcuing any perion • ^' ■■■-•■■ - ' ^ i^*- .--. **■ ,'■*'. . i'Z iC0jni?iltte4.by theHoufej. and the ^nate ihay excfcife the fiwncpo^er, in fi^jlar^cafes^ ^ ^ tyjmh: Th^the Treapointed by the Houfe of Delates during ' theiF*ple&fure ; and in cafe of refufal, deaths re- fignotion/ difqualification, br remonral out of the State of any of the faid. Con^tniinoQcb or Treafurers, in the recefs of the General Afkxnr bly, the Governor, with :tbejs|dyi5e .of>the Council, may appoint and commiflipn afit a|)4 proper perfon to fuch vacant oSi^e,^aixd to hold the fame until the meeting of the next Genef4l ,,;XIV. That the Senate be chofen in thefcJ-r lovfii^g manner : All perfons^qualifiea ashore* faid ♦© vote for county Delegates, ihall,',pn the firft day of September, 1781, at)d oh the iiime day in every fifth year forever tnercafterVelca viva voce, by a majority of votes, two perfons for their refpeflive counties, quaMed as afore- faid to be eledted county Delegates, to be elec- tors of the Senate ; and the Sheriff of each county, or, in cife of ficknefs,"hi8 deputy (fummoning two Juftices of the cotrnty, who are required to attend for the ' preftfvatibn of the peace), (hall hold and be Judge of theTaid eledion, and make return thereof as aforefaid. And all perfons qualified as aforefiiid to vote for tc fo> ©el ^aliim(3[f of Scpfiti ^vcry fifi faid city aforefaid, city>ndt( beheld ift toele{ft>th ttHlre^tovrn cledtD^Jeg - XV.'Th meet' a^' the place as iffi'a ^flii'aiidbi forever thei ^our of then ty bafiot/eit people arlar^ ^^br the city of Annapolit and ]^alf|t»<3(rt e^vtin di^l bn the ifattie firflMdndajT of Sefiembcr t^^i ftAd on thi fanic dajr in every fifth year foi'evcr thereafter, c\t& i>hi KJ0tet l>y a ttiajority of Votes, one^peribn fdr the faid city and to\**ft re^dively/ qualified As aforeiaid) to be ek6ted a' Delegate for the faid city Jtnd town pcfpcdHvelyi the ftid ele^ion to be held in* the famit' nianner as the eleifMon of Del#gat^ for the fsiid tity 2Lttd town i fhe right to eietft-the faid eleftor with rcfpea to Balti- more loWn to eon finu& as long as the right to ele^ Delegates fot the faid town. . XV. That the faid elcdlors of the Senate meet at' the city of Annapolis, or flich othef place as ffiall be appdinted for cbtlvfening the leg'iflatUrel on thfr third Monday in Septembci' 178 1 > -and on the' flrrtic drty in every fifth year forever thereafter^ and they, or arty ' twenty-^ four of them fo ttict, ftiall proceed to ele(5t, by ballotj either out of their oWh body or the people it large,* fifteen Senators (hine of whomi t» b^ reiidents bii the tvefterri, and fix to be refidents^ W thfe'eafteyn, fhore), men of the moft^ viiffdom/ cxdd-ienc^ and virttie, above twWityiffir^ fears of age, reffifeiitrof the StklS^ ^"-'--^^ 8 above ^ ■'. tsS CONSTITUTION or MAlYliAKD. above three whole year» next precedkig the eledtiony and having, real and tperibnal property above the value of one thpiifaod pounds cur- rent naoneys^^ - 1 )^ Q, XW# That the Senators flisdl be baHotted |br fat joipe.and the im^c time s and out of the gentlenaen trefidents of the weiftern ihore? who ihall bc^;^opofed as Senators, the nine who (hall, on Ariking the ballptfi appear tO:have the greate0;ifmi||ber in their fi^voufi (hall be ac- cordingly: declared and^returned dulyele^ed j and opt 0f the gentlemen refidenta of the eaftern (hore who (hall be proposed as Sena* tors, the (ix Tyhq (hall, on (Iriking iht ballots, appear to have the greateft number in their fa- vour, (hall be accordingly declai;ed and returned duly cled^ed : and if two or more» on the fame (here, (hall have an equal > number of ballots in their favour, by which the choice , (hall not be detemuned on the firft ballot, then; the elec- tors (hair again ballot before they feparate, in which they (hall be confined to theperfons who on the fird: ballot (hall have haW Member, of thltj^:, t ''"*" "^ election Aall admit to »Lr * '"''*'^«» ."..ificd perron J.ii^XrtS:"'^'' *- -^^^^^^^ on election of Senators. talceS.^n?/'**' -d fidelity to this State, as Ai.1^1''''^" «helegiflatureffialldi«;t,ad^r""'°""' " to elect, without favour a2,- "" ~*' orP^J-dice.fn,Kperf::VrS::,^^^ " *eir judgement and confcience LT ^' qualified for the office " *"" ^ n. or removal out of this- State, ^tfv of ^nf SfM^tMiori or «»Q his. bccon^ilg Oo^ ^tc ibs^ll ijR^i^dia^y ltaei9Upon» ov althdr 5w^t i^^wg itewwfWi fik<* by ballp^ in tho ff^^ i3fi%n|i^l^ the dfictort.ak:^ abe¥& directed ta cbq|^r§f»i2i|Qr8]> aiiotlisr peifi>h hi Yds place (or t!^e rf^i^cr of the fktd term of fivif yearai' ' XX. ^bai not left ihs^Uimj6^ty of 'M Sens^te. wtk iiieur Frefidint (to be chofen ^y ^oibiy ballot)^{haU-coiiftltute an Houfe for the tranfkcting any bu£l^ 6ther than that 6^ adjourmiigJ^^ f^« V ^ ; a^xanrnjn ^ ■• n^^^-:-': : XXi. ^hat the Senate fhall judge of the dbctions and qualifications of ^enatoYsV XXII. That the Senate may originate any atbeiflejMJept 'money biHs, to which their af- &iit or dilfent onljr mallijfe given/an^^ coii^ any othtf^ bills' froth the Houfc of Dele- gates, and afTent, difTenL^'bf^ propofe amend- meats*-' - '• ■^^'' ''""" "" ^vXXIliv. That the Generil AlTembiy meet afi\nually, on the firi): Moj^day of Noveniber, artdifneceffary c^ner. ^'' ^^ « XXIV. That each Hoafe jftiall appoint iti oyiirn ofHc^rs/ and fettle ita own rules of pro- ceeding.---* ^**»i-^ ■ :■-'■' . ■>-■■• XXV. That GONdriTHTION or MHItYLANO. a^i and virtuey fiiall be chofba poy^FB^» dn the icoo^d Monday qf November Seventeen hun* dred and feventy-feven, and oA the fecond Monday in every year forever thereafter, by the joint ballot of both Houfes, to be taken in each Houfe refpedively, depofited in a conference- pVoom }, tl^e boxes to be examined by a joint Comnuttee of both Houfcs^ and the numbers J^yerally reported, that the appointment may I'e entered; which mode of taking the joint ballot of both Houfes (hall be adopted in all cafes. Bu|i if two or more (hdl have an equal number of ballots in their favour, by which the choice ihall not be determined on the firft balloti then a fecond ballot (hall be taken, which fhall be confined to the perfons who on |he firil ballot fhall have had an equal number; and if the ballots {hould again be equal between two or more perfons, then the eleiflion of the Governor fhall be determined by lot, between thofe who have equal numbers ; and i( the perfon chofen Governor ihall die, refign, re?, move out of the State> or refufe to act (fitting .theOeneral Aflcmbly) the Senate and Houfe of Delegates ihall immediately thereupon pro- ceed to a new choice in manner aforefaid. nV^C S3 XXVI, That Hh CONSTITUTION OrMtltS't^lJ. XXVI. That the Senators and Delegates, on the iecond Tucfday of November, 17^7, and annually on the fecond Tuefday of No- vember forever thereafter, elcft by joint ballot, in the fame manner as Senators are directed to be choCen, five of the moft feniible, difcreet, and experienced men, above twenty-five years of age, refidents in the State above three years next preceding the election, and having there- in a freehold of lands and ten ments above the value of one thoufand pounds current money, to be the Council to the Governor ; whofe pro- ceedings ihall be always entered on record, to any part ^hereof any Member may enter his difient ; aiid their advice, if fo required by the Governor or any Member of the Council, ^all be given in writing, and figned by the Mem- bers giving the fame refpe£lively % which pro- ceedings of the Council (hall be laid before the Senate, or Houfe of Delegates, when Called for by them, or either of them. The Council may appoint their own Clerk, who fhall take fuch oath of fupport and fidelity to this State as this Convention or the legiflature (hall dired, and of fecrecy, in fuch matters as he fhall be di- reded by the Soi^rd to keep fecret, :^VII, That CONSTITUTION OF MARYLAND. 263 XXVIIv That the Delegates to Congrefs from 'this State fhall be chofen annually, or fuperieded in the mean time by the joint ballot of both Houfes of Aflenibly, and that there be a rotation in fuch manner that at leaft two of the number be annually changed; and no peribn ihall be capable of being a Delegate to Con- grefs for more than three in any term of fix years ; and no perfon who holds any office of profit in the gift of Congrefs (hall be eligible to fit in Congrefs, but if appointed to any fuch^ office his feat ihall be thereby vacated. That no perfon, unlefs above twenty-one years of age, and a refident in the State more'than five years next preceding the election, and having real and perfonai eftate in this State above the value of one thoufand pounds current money, ihall be eligible to fit in Congrefs* XXVIII. That the Senators and Delegates, immediately on their annual meeting, and be- fore they proceed to any bufinefs, and every perfon hereafter eleded a Senator or Delegate, before he adls as fuch, (hall take an oath of fupport and fidelity to this State as aforefaid ; and before the eledion of a Governor, or Mem- ber of the Council, fhall take an oath, " to S 4' elect ^^4 COmriTUTION OF UAHYLANOk dect without favQur, afib^ioQ^ pardftUt^, ' or prejudice, fucb pcrfon as Governor, or Mem-' ber of tho Cottflcil, as tl^y (n their judgfi>menl and cQui^icnot believ« beft ^uali&cd fOr Aq office/* ^j XXIX. That th^ Senat<^ and Delegates may^ adjourn tbcmrelves refpe^vely : bujtif tb^ two Houfes fhould not agree on the fama time, but adjourn to different days^ th^ ihaU tba Gover- nor appoint and notify one of thofedays or fome 4ay between, and the AfffP^bly (hall thed olcet ^d be held accordingly ^ and he (ball, if ne« cefTary, by advice pf the Coui^cil, call tben^ before ^^ tioGie to \^hich they O^ajl iri any nianner be adjourned, op giving not lefs^ than ten days notice thereof j but the Governor (hall not adjourn the Affcmbly otherwife than as aiorefaid, nor prorogiie or diflblye it at any tip^Ci !5^XX. That no peribn, unlefs above twenty- five years of agp, a refident in this State .above fivQ years next preceding the cledion, and hav- ing in the State real and perfon^l property above ^he value of five ^houfand pounds current mo- ney, one thoufand pounds whereof at legft to be freehold fAa^^f IT^all b? eligible as Go-. V^fnprj I .. . ' , JCXXL That CONSTITUTION OP l^XRTLAND. ^ XXXL T^t the Govehior flidl notcoh<» thtueit^difit office longer than &rte yeafs (licji ceffively» no^ be eligible as Governor until the ed^mskmf>f four years after he lAiall hftve been Mr of fhat office. XXXII. Th^t upon the death, Mfign&tiofli or removal out of this Siate of the Oorernor^ the iirft named of the Council, for the time b^ihg, (hall a£k as Govcfndr, and qualify in tho fymc ihann^r; imd ihall immediately call a ni^ttB^ cf the General Affeniblyi giving not k^ than fourteen days notice of the meefiiif|;; »t which mating a Goveriidr (hall be ilp|]ioi/)t4 #d, in manner aforefaid, for the refidue 6f fhei y«iir. XXXIII. That the Gov(*rh6r, by and with thekdvice and cbnfent of the Council, mtj ttth body the militia, and wfaen eihbodi&d (hatt- stlbhe have the direction thereof, and (hall alfo have the diredioit of all the regular land and fea forces under the laws of this State ; but he (hall not command in perfon, unlefs advifed, thereto by the Council, and then only fo long as they (hall approve thereof; and may alone wccrcife all other the executive powers of Go-, vernmei^t, where the concurrence of the Coun-* Cil »M CONSTITUTION OF MARTTVAND. cil k not required» according to the law* of this State ; and grant reprieves or pardons for uiy crime, except in fuch cafes where the hw ihall otherwife direct; and may, duiinj^'lhe recefs of the General AfTembly, lay enibargoes fo prevent the departure of any Shipping, or the ^portation of any commodities, for any time not exceeding thirty days in any one year, fum-*^ moning the General AfTembly to meet within the time of the continuance of fuch embargo j and may alfo order and compel any veflel to ride quarantain, if fuch vefTel, or the port from which (he may have Come, (hall, on fbong grounds, be fufpedted to be infe£^ed with the plague i but the Governor fhall not, on any pretence, exercife any power or prerogative by virtue of any law, ftatute, or cuftom» of £n-> gland or Great-Britain. XXXIV. That the Members of the Council, ^r any three or more of them, when convened, ihall conflitute a Board for the tranfading of bijiiinefs. That the Governor for the time being ihall prefide in the Council, and be entitled to a vote on all queflions in which the Council fhall be divided in opinion ; and in the abfence of the Governor, the firft named of the Council (hall prcfide, and as fuch (hall alfo vote in all ' cafes cafe! opin X dgna State Cour therei fhall < aforef year. XX to,jna (hall 1 being, grants, been h xx: fembly qualify ofprofi exercife for whii Govern( (ice of fuch i i or rccei^ Cb^STlTUtlO^ OJ' WARYLAMD. 167 cafes where the pther Memhers difagree in their opinion. ^ XXXV. That in cafe of refufal, death, re^ fignation, difqualification, or removal out of the State, of any perfon chofcn a Member of the Council, the Members thereof, immediatclf thereupon, or at their next meeting thereafter, fhall eledt by ballot, another perfon qualified at aforefaid, in his place, for the refidue of the year. XXX Vr. That the Council ihall have power to^make the Great Seal of this State, which {hall be kept by the Chancellor for the time being, and affixed to all laws, commiflions, grants, and other public teftimonials, as haft been heretofore pradifed in this State. XXXVII. That no Senator, Delegate of Af- fembly, or Member of the Council, if he (hall qualify as fuch, (hall hold or execute any office of profit, or receive the profits of any office excrcifed by any other perfon, during the time for which he ihall be elected ; nor (hall any Governor be capable of holding any other of^ fice o£ profit in this State, while he ads as fuch; and no perfon holding a place of profit, or receiving any part of the profits thereoif, or t68 CONSTITUTION OF MARYLAND. or receiving the profits, or any part of the pro- fits, ariiing on any agency for the fupply of sloathing or proviiions for the army or navy, or holding any office under the United States, or any of them, or a Miniiler or Preacher of the Gofpel of any denomination, or any perfon em- ployed in the regular land fervice, or marine, of this or the United States, (hall have a feat in the General Aflembly, or the Council of this State. . XXXVIir. That every Governor, Senator, Delegate to Congrefs or Aflembly, and Mem- .ber.of the Council, before he a£ts as fuch, (hall t^ke an oath, " That he will not receive, di- * ■ ■ ■ ^e£tly ur indirectly, at any time, any part of the profits of any office held by any other perfon during his adiing in his office of Governor, Se- nator, Delegate to Congrefs or AfTembly, or Member of the Council, or the profits, or any part of the profits, arifing on any agency for the fupply of cloathing or provifions for the .army or navy." XXXIX. That if any Senator, Delegate to Congrefs or AfTembly, or Member of the Coun- cil, (hall hold or execute any office of profit, or receive, diredly br indiredtly, at any tinle, the profits, or any part of the profits, of any dfflde exer- CONSTITUTION OF MARYLANa •$# 9xerd(cd. by any other perfon, during Lia adling as Senator, Delegate io Congre(s or A&mbl]b dr Mflmber of the Council, hU f qr ^ifqu^dified for i^vpr from holding any pftcp qc p)^ce of truft or profit, as the court to^jf judge. XL. That the Chancellor, aU Judges, thf ^^torney-General, Clerks of the Genera) Cqi|i;(| thff Clerl^ of thp County Courts, the RegUjbq::| of the Land OiHce, and th^ Regiflcr^ of WiUff (hal] hold their ^pmn^iiTions dufing gQo4| h|P^ hayiour* rcmoveablt only for luifb^havioi^r, oil copvidion in a cgurt of law. |^ XLL Th^t there be, a Regiftcr all be CQ(Qq^i(« (ipned by the Governor, on the jpint recgn^ t^endatiop of the Senate and Houfe qf Dele- gates ; and that upon the death* refienati^m difqualification, or removal out pf the couiitK| by any Regifter of Wills, in the recefs of the General Aflbmbly, the Governor, with the adr vice of the Council, may appoint abd comrnif-' ^on a fit and proper perfon to Aich vacant office; 19. . ^o CONSTITUTION OF MARYLAND, to hdd the fame until the meeting of the Ge« j^eral Aflembly. ' XLII. That Sheriffs (hall be ele^ed in each ix)ttnty, by ballot^ every thii-d year, that is to &y, two perfbns for the office of SheriiFfor each county, the one of whom having the majority of votes, of if both have an equal numbet, ei- ther of them, at the difcretion of the Governor, to be commiilioned by the Governor for the iatd office, and having ferved for three years> iuch perfbn Hiall be ineligible for the four years next fucceeding, bond with fecurity to be taken ^ery year as ufaal, and no Sheriff fhall be qua- lified to act before the fame is given. In cafe of d'eath, refufal, refignation, difqualiiication, or re- moval out of the county, before the e::piration of the three years, the other perfbn, chofen as afore- laid, fhall be commiffioned by the Governor to execute the faid office for the refidue of the faid three years, the faid perfon giving bond with fecu- rity as aforefaid ; and in cafe of his death, refufal, refignation, difqualification, or removal out of the county, before the expiration of the faid three years, the Governor, with the advice of the Council, may nominate ai)d commiffion a fi( and proper perfon to execute the faid office ■ ~ • foe CONSTlTirriOT"! OF MARYLAND, ayi Ibr the re&due of the faid three years,, the £dd .pjerfon giving l bond and fecucity as aforefaid. The elediion. (hall be held at the fame time and flil^Qe tii^ppiatied for the eledion of Delegates ; ^M^i (the Ji:^€es: there fummoned to attend for the prcfcryat^n of the peace, fhail be Judges tber^pfy and pf the qualification of candidates, '.w|^o : Oial^ is^ppoint a clerk :to takie the ballots. AUfrepm^n'fibpve the age of twenty-one years, having a free^ld of fifty acres of land in th^ ipounty in whi(;h they offer tobailot, and read- ing therein I and all freenicn above the age of twenty-one years, and having property in the State above the value of thirty pounds current money, at^d haying refided ^in the county in which they p£kv to ballot, one whole year next preceding the election, fhall have a right of fuffrage ; no perfon to be eligible to the office of Sheriff for a county, but an inhabitant of the faid county above the age of twenty-one years, and having real and perfonal property ia the State above the value of one thoufand, pounds current money. The Juftices aforefaid Khali examine-the ballots, and the twocandidates properly qualified, having in each county the majority of legal ballots, fhall be declared duly tiered for the office of Sheriff for fbch coupty, and Uii%:i t^i GQNSTITtrTlQN OF MAIYI^Nfit and eetnrped to the Governocaiid Cdiiocxli witk a csrtiflcate (^ tho numbof 4>fl b^libcii f(Mr atc^ otthcrh." ■• .'...: Ur^fi fur' ,,'-d'r . XLIH. That every pttCaa Who fh# <^Ar to vote for £)elegate&« orfbr theeleSion'^f^tlM} Sepate, or for the Sheriff; fh^l (^ fequireid^by any three perfohs qaalifi^il to vbte)^ betbre-he be admitted to pollj tikke fuch oiith oriifiiiiiia^ (ion of Aipport and fidelity Wthiii Statei li»> fhls Convention or the Icgifia^re toll dirc^. - XLIV. That a Juftiee of the Peace nikjt^ eligii^le a« a Senator, Delegate^ or Mt^mBectbif the Council, gn4 may continue to[ a£^^.a Jiif^ ticeof the Pea^e*. -'^il^o:^!- . - l^LV. That no Field-ogloer of ^he rniMH * be eliglbje as a Senator^ Delegate! 6r Mef»bei? of th|^ Council. - /^ -' i XIVL That all civil officers hereafter to be appointed lor the feveral counties of thii^ Statcfi fhall have fceen rcfidcJnts of tHe'^Biittijrffeii^- tlv^^y, for^ which they fh^ll be appointee}, fi^ months nextbefpre their appointment, and iHall tontintie refidcnts of theij: cpunty refpedivelj^ during: their. continuance i^ qffice. , ^ ,, . JIILVIL Th^t thejfudge^iof fbe Gene;^Cllb«f re- appoiiltMl^ tbey may continue to a^ without ahy ijew cbMinlffion or quaH£catioo ; and every dffi^> though^^ot re^appointed, ihall conti- ime to ad un^t die perfbn who ihaU be ap- pointed and commiflioiied in his Aead iball be ^ualMed. v:tm^^O tirh r-'l' :\' :;'"■■' L. That the Governor^ every Member of ^e Council/ and every Judge^^nd JuAibe^ be- fbre they ad as foch/ ihali rieri>ectively take an oath, " That he Wilf not, ^through '^favour, affcc tion, or partiality, ^ vbte for afiy -perfdn to office, and that he will vofeibr focfe piei*f6n as in hfsjtidgmeni:ahdcopfcifeiicd he believes moft fit and beft qualified fot th6 bffice; and tkafr he has not made, nor will mMe, any pronrffe or engagemef)t to give his vdlfe or intcreil in favour of any perfpn. ^ • *. .. . ' Ll. Tha^ there U two Regift^ of'thyiarfd office, oiie upon the weftern and one u|f6n me ^aflern ihore; thai fhort extracts of the srabt« fUid certificates of the land oil the weft^rn and ' -• . . . n; it tl 'j .' /■ T caftern Aift In ni® rrant, and laftern eaAem (hores rcfpectivQly be made in feparate book$» at the public expehce^ and depofited vx the o^es of tb||^rajid Regiilers in fuch manner as ihall hereafter b<5 provided by the Genera^ Aflembly. LII. Thatevety Chancellor, Judge, VicgU (ler of WillSf Commiinoner of the Loan Officei Attorney-general I Sheriff^ Trtafureri Naval Officer, Regifter of the Land^office, Regifter of the Chancery Courti, and every Clerk of th^ Common Law Courts, Surveyor^ and Audi- tor of the Public Accounts, before he a€ls as fuch, fliall take an oath, *'that he will not directly or indirc^ly receive any fee t* reward for doing bis office of but what; is or (hall be allowed by lawj nor will directly or indifedlly receive the profits, oi any part of the profits of any office heldby any other perfon, and that he does not hold thd lanie office in truft or for the benefit of an^ other perfon/* LIIl. That if any Governor^ Chancellor, Judge, Regifler of Wills, Attomey-general, Re- gifter of the Land-office, Regifler of the Chan-* eery Court, or any Clerk of the Common Law Courts^ Treafurcri Naval Officer, Sherifl^j Sur-, veyor or Auditor of Public Accounts, fhall re- T 2 ceive lit i76 CONSTITUTION' &"miYtiC(&. ceive dire^lyor indirectly, at any time, theprofitff or any part of the profits of any office held by any other perfon during his adting in the office to t/rhich he is appointed, his ele^ion, appoint- ment, and commidion, on convidlion in a Court of Law, by oath of two credible witnefles, fhall be void, and he (hall fuffer the puni^ment for wilful and corrupt perjury, or be banifhed this State for ever, or drfqualified for ever from holding any office or place of trnfl or profh, as the Court may adjudge, LIV, That if any perfon fhall give any bribe, prefent, or reward, or any promife, or any fc- curity for the payment or delivery of any money, or any other thing, to obtain or procure a vote to be Governor, Senator, Delegate to Congrefs or AfTcmbly, 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 State ; the perfon giving, and the perfon receiving the fame, on convidion in a Court of Law, fhall be for ever difqualified to hold arjy office of trufl or profit in this State. LV. That every perfon appointed to any office of profit or trufl £hall» before he eaters on CONSTITUTION OF MARYLAND. 277 on the execution thereof^ take the following oathf 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 State of Maryland," and (hall alfo fubfcribe a declaration of his be« lief in the Chriflian religion. Lyi. That there be a Court of Appeals^, compofed of perfons of integrity and found judgement in the law, whofe judgement (hall be final and conclufive in all cafes of appeal from the General Court, Court of Chancery, and Court of Admiralty : 'Aat one perfon of integrity and found judgement in the law be appointed Cliancellor ; That three perfons of integrity and found judgement 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 General Court ; which Court (hall (it on the weftcrn and eaftern (hores for tranfading and determining the budnefs of the refpediv^ (hores, at fuch times and places as the future legiflature of this State (hall direi» « II DM u ^,^, . LX. That every bill paiTed by the General Ademblyy when engrofled, (hall be prefented bf the Speaker of the H6uf<^ of'DJiile^es, in the Senate^ to the Governor for the time be- ing, who ihall iiign ^tl^e . fame» apd thereto affix the Great Seal, in the prefence of the Members of bothHpafes. * 'Every Uw UMht recorded in, |he General G^uirVY^ce. o^tthe weflern {hore, and in doe ^ne pn-inted* pub- li(hed, and certified under flip^Oreat Sb^l^L^to the feveral county courts, in the famfe inattner as hath been heretofore ufed in .thi^ State^ This Form of Government was auent^ |o, and pafled in Convention of the I^^lqgates qf the Freemen of Maryland, bcgunjandbeld at the city of Annapolis, the i^i-th .;^f » Auguft, A. D. 1776, By Qrder of the Convention t ■;t M, TILGHMAN, President, T4 VIR- f »M J »■ \ VIRGINIA, r ■ ■ ' THE ' ■• ' C O N S T I f^U t I M, . FORM OF GOVERNMENT, AGIIEED TO AND RESO^-YED UPOl] BY THE DELE, ^il^ES AND REPRESENTATIVES OF THE SEVE^ RAL COUNTIES AND CORPORATIONS OF VIR- OINIA, IN AQENERiO. CONVENTION HELD AT W|LLIA|^$BVR6lt> ON THE SIXTH OF MAY, AND CONTINUED BY ADJOURNMENTS TO THE FIFTH OFJULVt 1776, WE, the Delegates and Repi-efbntatives of the gobd people of Virginia, do declare the future Form of Opvernment of Virginia to be as followeth : The legiflative, executive, and judiciary de- partments iha)l be feparate and diilind):, fo that neither exercife the powers properly belonging to the other ; nor fliall any perfon exercife the powers of more than one of them at the fame time, except that the Juilices of the county courts ihaU ))e ^li^ibl^ to either Houfe Qif Afifembly, CONSTITUTION OF VIRGINIA. jti Thelegiilative (hall be formed of two diftinA brtnches* Mrho» together^ Aiall be a complete l^iflature. They ihall meet once, or ofteoer, every year, and (hall be called. The General Assembly of Virginia. One of the(e (hall% be called. The House of Delegates, and confift of two Reprefentativcs to be chofen for each county, and for the diflridt of Weft- Augufta, annually, of fuch men as adtualjy reiide in and are freeholders of the fame, or duly qualified according to law ; and alfo of one Delegate or Reprefentative to be chofen annu«^ ally for the city of Williamfburgh, and one for the borough of Norfolk, and a Reprefenta- tive for each of fuch other cities and borough^ as may hereafter be allowed particular repre- fentation by the legiflature ; but when any city or borough (hall fo deqreafe, as that the num- ber of perfons having right of fuffrage therein (hall have been for the fpace of fcven years fuc-' ceflively lefs than half the number of voters in fpme one county in Virginia, fuch city or borough thenceforward (hall ceafe to fend a Delegate or Reprefentative to the A(rembly. The other (liall be called. The Senate, and confift of twenty-four Members, of whom tbktc^n (l^aU coinflitute a Houfe to proceed on bufinefs. 2«i COMitltUTIO^r Of Vlft(&WfAr> bufinefs, for whofb e]e6lion the dHTerent ^dUti- trdb (hall be divided into twenty-four diftriAl^ and each county of the refpedtive diftridt^ attlMi time of the election of its Delegates, (hall vote for bhe Senator, who is a^ually a refident and freeholder within the didrict^ br diily qualified according to law, and is upwards of twenty -fire yiears o^ ^gc ; and the Sheriffs of each county, v/iMn five days at fattheA after thelaft county ekttion in the difirict, (hall meet at fome con- venSenie place, and trdtn the poll fo taken in their fefpective counties, return as a Senator the man who fhall have the greateft number t5f votes in the whole diftrict. To keep up this Afcmbty by rotation, the diftricts fhall be equally divided liitd four clafies, and numbered by lot'. At the end of one year after the ge- neral election, the fix Members elected by the fir/l flivifion fhall be difplaced, and the vacan- cies thereby occafioned fupplied from fuch clafs or divifion, by new election in the manner aforefaid. This rotation fhall be applied to each divifion according to its number, and con- tinued in due order annually. T,he right of fufFrage in the election of Members for both Houfes fhall remain as ex- ercifed at prefcnt, and each Houfe fhall chufe its ill own 9pefk0r;i9poliii U#«Wt¥%ftotff»<(hlle kt otm f ults^of proceedinfg^, «nd \Skky joint ballot Of both Houfes, to be taken in each Houfe rWpcdlivcly, depo- fited in the conference-room, the boxes etkniin- cd jointly by a Committee of ^cath Houfe^^tl the numbers fcverally reported' to thd^i^ Hiit the appointments may be ente^tid (whicli'thall be the mode of taking the joint ballot df both Houfes in all cafes), who fhall not cohtlAtie id that office longer than three years fuc^cfcffi^fely, nor be eligible until the expiration of fburyearis after he fhall have been out of that office. 'Ah adequate, but moderate falary fhall he fettled ' on him during his continuance in office find he (hall, with the advice of a Coirncil of Stat^, exercife the executive powers of governm6fir, according to the laws of this Commonwealth j and y^ CONSTITUTION OF VIRQINIA. and ihall not* under any pretence, exerciie any power or pifrogative by virtue of any law, fta* tute, or ^uftom of England : iHit he ihall, with the advice of the Council of State, have the' pOMrer of granting reprieves or pardons, except where the profecution ihall have been carried otn by the Houfe of Delegates,r or the law (hall otherwiie particularly dired; in which cafes no reprieve oi pardon fball be granted, but by feiblve of the Houfe of Delegates^ Either Houfe of the General Aflembly may adjourn themfelvei refpe6:ively. The Governor ihall not prorogue or adjourn the A/Iembly during their Utting, nor difTolve theni at any time ; but he {tail, if neceiTary, either by ad- vice of the Council of State, or on application of a majority of the Houfe df Delegates, call them before the time to which they (hall (land pro- rogued or adjourned. A Privy*Council> or Council of State, con- fiKling of eight Members, (hall be chofeh by joint ballot of both Houfes of AfTembly, either from their own Members or the people at large, to aflift in the adminiflration of governnien,t. They ihall annually chufe, out of their own Members, a Prefident, who, in cafe of death, inability,, or abfence of the Governor from the govern- COKSTITUTidN OF VIRGINIA. %$$ government, (hall adt as Lieutenant-Governor. Four Members ihall be fufficient to zO:, and their advice and proceedings fliall be ei;itered 6n record, and 0gned by the Members prefent (to any part whereof any Member may enter his diifent), to be kid before the Gener^il Af- fembly, when caUed for by them. This Coun- cil may appoint their own Clerk, who ihall have a falary fettled by law, and take an oath of fecrecy in fuch matters as he ihall be dire6t-< ed by the Board to conceal. A fum of money appropriated to that purpofe, ihall be divided annually among the Members, in proportion to their attendance ; and they ihall be incapable, during their continuance in office, of iittifi^ in either Houfe of AiTembly. Two Mep&bers ihall be removed by joint ballot of both Houies of AiTembly, at the end of every three years, and be ineligible for the three next years. Thefe vacancies, as well as thofe occaiioned by death or incapacity, ihall be fupplied by new elections in jthe fame manner. The Delegates for Virginia to the Continen- tal Congrefs ihall be chofen annually, or fuper- feded in the mean time by joint ballot of both Houfes of AiTembly. The prefent militia officers ihall be conti- nuedf rmcd, and vacancies fupplicd b>y. appointiwq^ pf the Govcrnpif, with ;he advice of thf Priyy^ CONSTITUTION OF VIRGIWA. 287 fters of the Gofpel of every denomination^ he incapable of being eleded Members of either Houfe of Affcmbly, or the Privy- Council. The Governor, vjrith the advice of the Privy- Council, ihall appoin t J unices of the Peace for the counties ; and in cafe of vacancies, or a necefli* ty of increafmg the number hereafter, fuch ap- pointments to be made upon the recommenda- tion of the rcfpeftive county courts. The pra- fent a&ing Secretary in Virginia, and Clerks of all the county courts, {hall continue in ofE(;e. Jn cafe of vacancies, either by death, incapa- city, or refignation, a Secretary fliall be ap- pointed, as before directed, and the CJerics l^y the refpedtive courts. The prefent -and,f|i|tu;!C Clerks ihall hold thejr offices during good 1^^- haviour, to be judged of and determined in (he General Court. The Sheriffs and CofpoMS fiiall be nominated by the refpedive courts, ap- proved by the Governor, with the advice of tl(e Privy-Council, and commiffioned by the Go- vernor. The Juftices (hall "appoint conftabl^s . and all fees of tl^e aforefaid officers be regulated bylaw. , The Governor, when ^ he i$ out of office, and others offending agajiafl the State, either by mal- M CONSTITUTION OF VlRGlMf A* md-admitliftration, corruption, or oth6r nxeMi, by whith the fafety of the State may be endali- gered> fhall be impeachable by the Houfe of l>elegates ; fuch impeachment to be profe-* cured by the Attorney-general, or fuch other perfon or perfons as the Houfe may appoint,, in the Genera} Court, according to the laws of the land. If found guilty, he or they (fadi be either for icver difabled ib hold any office under Government, or be removed ' from fuch office fro temporeyOt fubje^cd to fuch pains or pe* Aalties as the law fhall diredt. If all or any of the Judges of the General Court ihould (on good grounds to be judged of by the H6ufe of Delegates) be accufed of any of the crimes or offences abovementioned, fuclx Houfe of Delegates may in like manner im- peach the Judge or Judges fo accufed, to be profecuted in the Court of Appeals ; and he or they, if found guilty, fhall be punifhed in the iame manner as prefcribed in the preceding claufe. / Commiflions and grants fhall run. In the name of the Commonwealth of Virginia, and bear tefl by theGofirnor, with the Seal of the Com- monwealth annexed. Writs fhall run in the fame CONSTlfutlON OF VXllGmiA. 289 fame tnannfcr, ahd btar teft by the Clerks of the fcvefal courtSi Indidlcrients fliall conclude^ Againji the peact and dignity of the Cmmon* ^wealth, * . A Treafurer fliall be appointed annually, by joint ballot of both Houfes. All efcheats, penalties, and forfeitures, here- tofore going to the King, (hall go to the Com- mon wealth, fave only fuch ais the Icgiflature may abolifh, or otherwife provide for^ The territories contained within the charters creating the colonies of Maryland, ^cnnfylva- nia. North and South-Carolina, are hereby ceded, releafed, and forever confirmed to the people of thefe Colonies refpedively, with all the rights of property, jurifdidion, and govern- ment, and all other rights whatfoever, which might at anytime heretofore have been claimed by Virginia, except the free navigation and ufe of the rivers Potomaque and Pokomoke, with the property of the Virginia (hores and ftrands bor- dering on either of the faid rivers, and all im- provements which have been or (hall be made thereon. The weflern and northern extent of Virginia fhall in all other refpedts ftand as fixed by the charter of King James I. in the year , U one 290 CONSTITUTION OF VIRGINIA. one thoufand fix hundred and nine, and by the public treaty of peace between the Courts of Britain and France, in the year one thoufand fevcn hundred and fixty-three ', unlefs, by ad of this legiflature, one or more governments be eftabliihed wedwacd of the Allegheny moun- tains. And no purchafes of lands (hall be made of the Indian natives but on behalf of the pub- lic, by authority of the General Aflcmbly. NORTH-' ( »9' 1. NORrH,€ARO LINA. THE CONSTITUTION, OR FORM OF GOVERNMENT, AGREED TO AND RESOLVED UPON BY THE RE- PRESENTATIVES OF THE FREEMEN OF THE STATE OF NORTH-CAROLINA, ELECTED AND CHOSEN FOR THAT PARTICULAR PURPOSE, IN CONGRESS ASSEMBLED, AT HALIFAX, DEC. i8, 1776. DECLARATION of RIGHTS, &c, L ' I 'HAT all political powef is voitcd la X and derived from the people only. II. That the people of this State ought to have the fole and cxclufivc right of regulating the internal government and police thereof. III. That no man, or fet of men are enti- tled to exclufive or feparate emoluments or pri*- vileges from the community, but in conlidera- tion of public fervices. U 2 IV. That 191 CX)NSTITUTION OF NORTH-CAROLINA* IV. That the Icgiflativc, executive, and fu- preme judicial powers of government ought to be for ever feparate and diflindi from each other. V. That all powers of fufpending laws, or the execution of laws, by any authority, with- out confent of the Reprefentatives of the peo- ple, is injurious to their rights, and ought not to be exercifed. VI. That eledlions of Members to ferve as Repreferrtatives in General Ailcmbly ought to be free. VII. That in all criminal profecutions every man has a right to be informed of the ac- cufation againfl him, and to confront the ac- cufers and witneiTes with other teftimony, and ihall not be compelled to give evidence &•» gain ft himfelf. VIIL That no freeman ihall be put to an- fwer any criminal charge but by indiClment, prefentment, or impeachment. IX. That no freeman fhall be convidted of any crime, but by the unanimous verdi and ought not to be allowed. XXIV. That retrofpective laws, puniftiing facts committed before the exigence of fuch laws, and by them only declared criminal, are coprcfnve, unjuft, and incompatible with li- berty, wherefore no /jr^g^^tf^^ law ought to be made, XXV. The property of the foil in a free go- vernment being one of the efTential rights of the collective body of the people, it is neceffary, in order to avoid future difputes, that the limits of the State (hould be afcertained with precifion ', and as the former temporary line be- tween North and South Carolina was confirm- ed and extended by Commiflioners, appointed by the legiflatures of the two States, agreeable to the order of the late King George II, in Qpuflcil, that line^ and that only, fhould be U 4 eflecmed 296 CONSTITV TIQN OF NORTH-CAROUNA, efteemed the fouthern boundary of this State i t]\3X is to fay, beginning on the Tea fide at a Cedar Stake, at or near the -mouth of Little River (being the fouthern extremity of firunf- wic county) » and running from thence a north- wefl courfe through the Boundary Houfe, which (lan^s in thirty-three degrees fifty-fix minutes, to thirty-five degrees porth latitude, and from thence a wefl courfe* fo far as is n^en* tioned in the charter of King Charles II. to the late Proprietors of Carolina. Therefore all the territory, feas, waters, and harbours, with their appurtenances, lying between the line above defcribed, and the fouthern line of the State of Virginia, which begins on the fca (horc, in thirty- fix degrees thirty minutes north latitude, and from thence runs wefl, a- greeable to the faid charter of King Charles, ace the right and property of the people of thi? Stat^ to be held by them in fovereignty ; any partial line, without the confent of the legiila- ture of this State, at any time thereafter direc- ted or laid out in any wife notwithftanding. Provided always,That this Declaration of Rights ihall not prejudice any nation or nations of In- dians from enjoying fuch hunting grounds as may CONSTITUTION OF NORTH-CAROLINA. 297 may have been, or hereafter (hall be fecuredto them by any former ot future legiflature of this State. And provided alfo. That it (hall not be (Bonftrued fo as to prevent the eftabliih- ment of one or more govern qfients wedward of this State, by confent of the legiflature. And provided further. That nothing herein con* tained (hall afFedt the titles or pofleflions of ia« •jdividus^ls, holding or claiming under the laws heretofore in force, or grants heretofore made t>y the late King George II. or his predeceflbrs, pr thp late ]L.ord8 Pf oprietgrs, or any of them. T B » r 2g9 J THE C O N S T I 1 U T I O N, OR FORM OF GOVERNMENT, &c. WHEREAS allegiance and protedlion arc in their nature reciprocal, and the one ihould of right be refufed when the other is withdrawn i and whereas George the Third, King of Great Britain, and late Sovereign of the Britifli American Colonics, hath not only withdrawn from them his protedion, but by an Ad of the Britifli Legiflature declared the inhabitants of theic States out of the protec- tion of the Britifli Crown, and all their pro- perty found upon the high feas liable to be feized and confifcated to the ufes mentioned in the faid Ad ; and the faid George the Third has alfo fent fleets and armies to profecute a cruel war againft them, for the purpofe of re- ducing the inhabitants of the faid Colonies to a flate of abjed flavery ; in confequence where- of, all government under the faid King within the faid Colonies hath ceafed, and a total diflb- lution of government in many of them hath taken CONSTITUTION OF NORTH.CAROLINA.a9# taken place: And whereas the Continental Congrefs, having confidercd the prcmifes, and other previous violations of the rights of fhe good people of America, have therefore declar-^ ed, that the thirteen United Colonies are of right wholly abfolved from all allegiance to the Britiih Crown, or any other foreign jurifdidion whatfbever ; and that the faid Colonies noyf are, and for ever (hall be, free and independent States: Wherefore, in our prcfent flatc, in order to prevent anarchy and confufion, it be- cdmes neceffary that government Hiould be eftabliihed in this State: Therefore we, the Reprefentatives of the freemen of North-Caro- lina, chofen and aifembled in Congrefs, for the cxprefs purpofe of framing a Conflitution, un- der the authority of the people, mofl condu- cive to their happinefs and profperity, do de- clare, that :i governme.it for this State (hall be eftabliihed in manner and form following, to wit: I. That the leglflative authority (hall be vefted in two diftind: branches, both dependent' on the people, to wit, a Senate, and House OF Commons. II. That the Senate fliall be compofed of Reprefentatives annually chofen by ballot, one for each county in the State. III. That |oo CONSTITUTION OF NORTH-CAROLINA. IIL That the Houfc of Commons (hall be compofcd of Reprefentatives annually chofert by ballot, two for each county, and one for each of the towns of Edentown, Ncwbcrn, Wilmington, Sali(bury, Hilliborough, and HtlHfax. IV. That the Senate and Houfe of Com- mons, a0embled for the purpofe of legiflation, ihal) be denominated, The Generai. As- sembly. V. That each Member of the Senate ihall have ufually refided in the county in which he is chofen, fw one year immediately preceding his election, and for the fame time (hall have pofTeffed, and continue to poffefs, in the county V^hich he reprefents, not lefs than three^huh 'dred acres of land in fee. If VI. That each Member of the Houfe of Commons fhall have ufuaily refided in the county in which he is chofen, for one yeai* immediately preceding his eledion, and for fix months fhall have pofleflTed, and continue to poflcfs, in the county whiqh he reprefents, hot lefs than one hundred acres of land in fee, or for the term of his own life. ''^^ VII. That all freemen of the age of twenty^ one years, who have been inhabitants of any one rb: CONSTITUTION OF NORTH-CAROLINA. 301 one county within the State twelve months im« mediately preceding the day of any .ele(Slion, and pcffeffed of a freehold within the fanie county of fifty acres of land for fix months next before, and at the day of elecflion, fhall be entitled to vote for a Member of the Senate. VIII. That all freemen of the age of twenty- one years, who have been inhabitants of any county within the State twelve months immedi- ately preceding the day of any election, and (hall have paid public taxes, (hall be entitled to vote for Members of the Houfe of Commons, for the county in which he refides-. IX. That all perfons pofiefTed of a freehold in any town in this State having a right of rep]:efentation, and alfo all freemen who have been inhabitants of any fuch town twelve months next before, and at the day of eledtion, and (hall have paid public taxes, (hall be en- titled to vote for a Member to reprefent fuch town in the Houfe of Commons. Provided always. That this fedion (hall not entitle any inhabitant of fuch town to vote for Meinbers of the Houfe of Commons for the county in which he may refide, nor any freeholder i|v fuch ^02 CONSTITUTION OF NORTH-CAkOLlNAl fuch county who refides without or beyond the limits of fuch town, to vote for a Member fbi? ikid town. X. That the Senate and Houfc of Commons when met, (hall each have power to choofe a Speaker, and other their officers ; be judges of the qualifications and eledions of their Mem- bers; fit upon their own adjournments from day to day ; and prepare bills to be pafled in- to laws. The two Houfes fhall diredt writs of cledlion for fupplying intermediate vacancies, and fhall alfo jointly, by ballot, adjourn them- felves to any future day and place, XL That all bills fhall be read three times in each Houfc before they pafs into laws, and te figned by the Speaker of both Houfes. XII. That every perfon who fhall be chofcn a Member of the Senate or Houfe of Commons, or appointed to any office or place of trufl:, be- fore taking his feat, or entering upon the exe- cution of his office, fhall take an oath to the State, and all officers fhall alfo take an oath of office. XIH. That the General Affembly fhall, by joint ballot of both Houfes, appoint Judges of the Supreme Courts of Law aad Equity, Judges of CONSTITUTION OF NORTH-CAROLINA. 303 of Admiralty, and Attorney-general who (hall be commiflioned by the Governor, and hold their offices during good behaviour. XIV. That the Senate and Houfe of Com- mons fhall have power to appoint the Generals and Field-Officers of the Militia, and all JfHcers of the regular Army of this State. XV". That the Senate and Houfe of Com- mons, jointly, at their firft meeting after each annual eledtion, Ihall by ballot eledt a* Gover- nor for one year, who (hall not be eligible to that office longer than three years in fix fuc- ceffive years. That no perfon under thirty years of age, and who has not been a refident in this State above five years, and having in the State a freehold in lands and tenements above the value of one thoufand pounds, (hall be eligible as a Governor. XVI. That the Senate and Houfe of Com- mons, jointly, at their firft meeting after each annual election, (hall by ballot eleft feven per- fons to be a Council of State for one year, who (hall advife the Governor in the execution of his office, and that four Members (hall be a Quorum. Their advice and proceedings (hall be entered in a journal to be kept for that purpofe only, and figned by the Members prefent, to any. 304 CONSTITUTION OF NOkTH-dAkOLINA* iny part of which any Member prefent may enter his diflent. And fuch journals (hall be laid before the General Aflcmbly, when called for by them. XVir. That there flial! be a Seal of this State, which fhall be kept by the Governor, and ufed by him as occalion may require j and ihall be called, ne Great Seal of the State of North-Carolina, and be affixed to all grants and commiflions. XVIil. The Governor for the time bein? (hall be Captain-General and Commander in Chief of the Militia -, and in the recefs of the General Aflembly fhall have power, by and tvith the advice of the Council of State, to em- body the Militia for the public fafety. XIX. That the Governor for the time bein!*- o ihall have power to draw for, and apply fuch fums of money as fiiall be voted by the General Aflembly for the contingencies of Government, and be accountable to them for the fame. He alfo may, by and with the advice of the Coun- cil of State, lay embargoes, or prohibit the ex- portation of any commodity, for any term not exceeding thirty days at any one time, in the recefs of the General Aflcmbly ; and fliall have ■ the CONi the pot except on by ti otherwi tliQ rece of the G the otlu limited a ttientlonc State* / from the the time I J'ty, or ab the Hduf powers o during fuc nor, or Sp nominatio XX. Tl right of w tution veilc fiflg their ^eans beco power, wit to fill up fi rary commi of the next CONStlTUTlOK 6P N5ktH^CAKc5Lrt^A. 36I th6 power of granting pardons and reprieves^ except where the profecutibrt (hall be carried on by the General AfTenlblyi or the law ihall otherwife direift j in which cafe he may^ in the recefs, grant a reprieve until the next fitting of the General Aiiembly i and may exercife all the oth^r e:tecutfvd powers of government^ limited and redrained as by thi^ Cotiflitution id mentioned^ and according to the kws of thd Stdte« And on his death, inability^ or abfehcd from the State, the Speaker of the Seriatd fot' the time being i and in cafe of his death, inabi- lity, or abfence from the State, the Speaker of the Houfe of Commons (hall exercife thd powers of governmcntj after fuch deaths or during fuch abfence or inability, of the Gover- nor, oi" Speaker of the Senate, ot uhtil & neW nomination is made by the Gehefal Aflemblyi XX. That in every cafe where any officer, the fight of Whofe appointment is by this Confti- tution veiled in the General AlTembly, (hall du- ring their reccfs die, or his office by othet' tneans become vacant, the Governor (hall have powers with th\j advice of the Council of State, to fill up fueh vacancy by granting a tempo* rary commiffion, which fhall expire at the end of the next feffion of the General AiTembly* a XXI. T\ut 306 CONSTITUTION OF NOflTH-CAROLmA. XXI. That the Governor, Judges of the Su- preme Court of Law and Equity, Judges of Admiralty^ and Attorney-general, (hall have adequate falaries, during their continuance, in office. XXIL That the General Afembly fhalJ, by joint ballot of both Houfes, annually appoint a iTreafurer or Treafurers for this State. XXIII. That the Governor and other officers offending againil the State, by violating any part of this Conflitution, mal-adminiftration, or corruption, may be profecuted on the impeach- ment of the General Aflembly, or prefentment of the Grand Jury of any Court of Supreme Jurifdidion in this State. XXIV. That the General Aflembly ihall, by joint ballot of both Houfes, triennially appoint a Secretary for this State. XXV. That no perfons who heretofore have been, or hereafter may be receivers of public monies, fhall have a feat in either Houfe of Ge- neral Aflembly, or be eligible to any office in this State, until fuch perfon fhall have fully accounted for, and paid into the Treafury, all fums for which th«y may be accountable and liable* XXVI. That COmtltUf ION d* NORtfr^CAkOLmA. ^07 XXVf. That no Treafurer ihall haVe ^ feat either in the Senate, Hotife of Coihmons^ of Council of State> during his continuance in that office, or before he fhall have finally fettled his accounts with the public^ for all the monies which may he in his hands^ a( the ex-» piratibn^of his ofHcei belonging to the State^ and hath paid the fame into the handa of the faccccding Trcafurer. XXVn. That ho ofiiGer in the regular army 6t navy, in the iervice and pay of the United States, of this or any other State, nor any con- tradtor or agent for fupplying fuch army of navy with cloathing or provifions, (hall have a feat cither in the Senate, Houfe of Common?^ or Council of State,, or be eligible, thereto ;< and any Member of the Senate, Houfe of Commons, or Council of State, being ap» pointed to, and accepting of fuch office, (hall thereby vacate his feat. XXVIIL That no Member of the Council of State fhall have a feat either in the Senate or Houfe of Commons* XXIX. That no Judge of the Supreme Court of Law or Equity, or Judge of Admiral** X 2 ty' 3o8 CONSTITUTION OF NORTH-CAROLINA. ty, (hall have a feat in the Senate, Houfe of Commons, or Council of State. XXX. That no Secretary of this State, At- torney-general, or Clerk of any Court of Re- cord, ftiall have a feat in the Senate, Houfe of Commons, or Council of State. XX Kl. That no Clergyman or Preacher of the Gofpel, of any denomination, (hall be ca- pable of being a Member of either the Senate, Houfe of Commons, or Council of State, while he continues in the exercife of the paf- toral fundion. XXXII. Thatno perfon who fliall deny the being of God, or the truth of the Proteftant religion, or the divine authority either of the Old or New Teftament, or who ihall hold re- ligious principles incompatible with the free- dom and fafety of the State, fhall be capable of holding any office, or place of truft or pro- fit, in the civil department within this State. XXXIil. That the Juftices of the Peace within their refpedive counties in this State, fhall in future be recommended to the Gover- nor for the time being, by the Reprefentatives ih General Affembly, and the Governor fhall comroiffion them accordingly -, and the Juflices* when . CONSTITUTION OF NORTH-CAROLINA. 309 when fo commiflioned, fhall hold their offices during good behaviour, and (hall not be re- moved from office by the General A/Tembly, unlefs for mifbehaviour, abfence, or inability. XXXIV. That there (hall be no cftablifli- ment of any one religious church or denomi- nation in this State in preference to any others neither (hall any perfon, on any pretence what^ foever, be compelled to attend any place of wor(hip contrary to his own faith or judge- ment ; nor be obliged to pay for the purchafe of any glebe, or the building of any hou(e of worfliip, or for the maintenance of any Minif- ter or Miniftry, contrary to what he believes right, or has voluntarily and perfonally en* gaged to perform ; but all perfons (hall be at liberty to exercife their own mode of worfliip. Provided, that nothing herein contained (hall be conftrued to exempt preachers of treafon-^ able or feditious difcourfcs from legal trial and punifhmcnt, XXXV. That no perfbn in the State (hall hold more than one lucrative office at any one time. Provided, that no appointment in the X 3 militia. 310 CO^WT^TUTION OF NORTH-CAROLINA. militia, or the office of t Juftice of the Peace, ihall be confidered as a lucrative office. XXXVI. That all commiffions and grants fiiall run in the name of The State of Norths Carolina^ and bear teft, and be iigned by the 4[ioyearnor« AU writs ihall run in the fame ananner, and bear teft, and be figned by the ^erka of the refpe£tive Courts. Indiflments ShsXX conclude, -d^^iinfi the peace and dignity of the State f XXXVII. That tjie Delegates for this State to the Continental Congrefs, while neceifary, £hall be phofen annually by the General AlTem- bLy, by badlot, but may be fuperieded in the mean tinsie in the fame manner; and no perfon ^lall be eleded to ferve in that capacity for more than three years fupceiTively. XXXVIJI. That there (hall be a SherifF, Coroi^er, or Coroners, and Con{lab}es, in each county within this S^ate. XXX IX, That the perfon of a debtor, where there is not a Arong prefumption of fraud, ihall not be continued in prifon, after deliver- ing up, bond fide i all his edate, real and per* fonal, for the ufe of his creditors, in fych man- ner CONSTITUTION OF NORTH-CAROLINA. 311 net as (hall be hereafter regulated by law. All prifoners (hall be bailable by fufficieat fureties, unlefs for capital offences, when the proof is evident, or the prefumption great. XL. That every foreigner who comes to fettle in this State, having firfl taken an oath of allegiance to the fame, may purchafe, or by other jufl: means acquire, hold anci transfer land, or other real eftate; and after one yearns reildence (hall be deemed a free citizen. XLI. That a fchool or fchools (hall be efta- bli(hed by the legiflature, for the convenicai inftrudtion of youth, with fuch falaries to ihe mafters, paid by the public, as may enable them to indrudt at low prices ; and all ufeful learn* ing (hall be duly encouraged and promoted in one or more univerfities. XLII. That no purchafe of lands (hall be made of the Indian natives, but oi ; behalf of the public, by authority of the General Affem- bly. XLIII. That the future legiflature of this State (hall regulate entails in fuch a manner as to prevent perpetuities. X 4 XLIV. That '% 3ia CONSTITUTION OF NORTH- CAROLINA. XLIV. That the Declaration of Rights is hereby declared to be part of the Conflitutton of this State» and ought never to be violated, on {^ny pretence whatfoever^ XlfV, That any Member of either Houfe pf General ^flcinbly fhajl have liberty to dif- fent fron^, ai^d prpteft ag^inft, apy ad or irefolve which he niay think injurious tp the public, or any individual, and have ^he reafo;is of his difTent entered on |he Jour- fials. XLYI. That neither Houfe pf the General ^ifembly ihall prpceed upon public buiinefs, unlefs a p^ajority of all the Membefs of fuch Houfe are adpally prefent ', and that upon ^ motion mafie and fecondcd, the yegs apd nays upon any quelHon ihall be taken and entered on the Journals j and that the Journals of the pro-, ceedings of both Houfes of the General Affem- bly (hall be printed, and made public, imme- diately after thejr adjournment. This Gonftitution is not intended to prc- plude the prefent Congrefs from making a tem- porary provifion for the well-ordering of*this §tate, until the General Aflembly (hall cfta- biia. CONSTITUTION OF NORTH-CAROLINA. 313 blifh government agreeable to the mode here* in before defcribed. RICHARD CASWELL, President. Pecember the eighteenth, one thoufand feven hundred and feventy-iix, read the third (ime, and ratified in open Congrefs. By Order, James Green, Jun. Secretary, SOUTH' ( 3'4 ) SOUTH -CAROLINA. A N ■ A C T FOR ESTABLISHING THE CONSTITUTION O F T H E STATE OF SOUTH-CAROLINA, PASSED THE NINETEENTH DAY OF MARCH, 1778. WHEREAS the Conftitution or Form of Government agreed to and refolved upon by the Freemen of this country, met in Congrefs the 26th day of March, 1776, was temporary only, and fuited to the fituation of their public affairs at that period, looking for- ward to an accommodation with Great-Britain, an event then defircd : and whereas the United Colonies of America have been fince conftituted Independent States, and the political connexion heretofore fubfifting between them and Great- Britain entirely dillblved, by the Declaration of the Honourable the Continental Congrefs, dated CONSTITUTION OF SOUTH-CAROLINA. 3x5 dated the 4th day of July 1776, for the many great and weighty reafons therein particularly fet forth ; it therefore becomes abfolutely ne- celTary to frame a Conftitution fuitable to that great event: Be it therefore conflituted and enaded, by his Excellency Rawlins Lowndes^ £fq. Prefident and Commander in Chief in and over the State of South-Carolina, by the Honourable the Legifiative Council and Gene- ral AiTembly, and by the authority of the fame. That the follov^ing articles agreed upon by the Freemen of this State, now met in General AiTembly, be deemed and held the Conftitution and Form of Government of the faid State, unlefs altered by the legifiative au- thority thereof; which Conditution or Form of Government fhall immediately take place and be of force from the pafling of this A6t, excepting fuch parts as are hereafter mentioned and rpeciHed. I. That the ftile of this country be here- after. The State of South-Carolina. IL That the legifiative authority be veiled in a General AfTembly, to coniifl: of two dif- tindt, bodies, a Senate and Houfe of Reprefen- tativcs ; 3i6 CONSTITUTION OF SOUTH-CAROLINA. tatives ; but that the legiflaturc of this State, as cftablifhed by the Conftitution or Form of Government pafled the 26th or March 1776 ihall continue and be in full force until the 29th day of November next enfuing. * III. That as foon as may be after the firft meeting of the Senate and Houfe of Reprefen- tatives, and at every firft meeting of the Se- nate and Houfe of Reprefen tatives thereafter, to be elcdted by virtue of this Conftitution, they ihall, jointly, in the Houfe of Reprefen- tatives, choofe by ballot, from among thcm- fclves or from the people at large, a Governor and Commander in Chief, a Lieutenant-gover- nor, both to continue for two years, and a Privy-council, all of the Proteftant religion ; and till fuch choice (hall be made, the former Prefident, or Governor and Commander in Chief, and Vice-prcfident, or Lieutenant- governor, as the cafe may be, and Privy- council, (hall continue to ftd as fuch. IV. That a Member of thp Sepate or Houfe of Reprefentatives, being chofen and ading as Governor and Commander in Chief, or Lieutenant-governor, (hall vacate his feat, and anqther perfon (hall be eleded in his room. ^ V. That CONSTITUTION OF SOUTH-CAROLINA. 3x7 V. That every perfon who (hall be eleAcd Governor and Commander in Chief of the State, or Li'^utenant-governor, or a Member of the Privy-council, fhall be qualified as fol- loweth, that is to fay, the Governor and Lieu- tenant-governor (hall have been refidents in this State for ten years, and the Members of the Privy-council five years, preceding their faid eledion ; and fhall have in this State a fettled plantation or freehold, in their and each of their own right, of the value of at leaft ten thoufand pounds currency, clear of debt; and on being ek^ed, they (hall refpedively take an oath of qualification in the Houfe of Reprefentative?. yi. That no future Governor and Com- mander in Chief who (hall ferve for two years» (hall be eligible to ferve in the faid office after the expiration of the faid term, until the full end and term of four years. VII. That noperfon in this State (hall hold the office of Governor thereof, or Lieutenant- governor, and any other office or commiffion, civjl or military, (except in the militia) either in this or any other State ; or under the autho- rity of the Continental Congrefs, at one and the fame time. VIII. That fiB CONSTITUTION OF SOUTH-CAROLINA. VIIL That in cafe of the impeachment of the Governor and Commander in Chiefs or his removal from office^ death, refignatioit, or ab- fcnce from the State, the Xxeutenant-governor ihall fucceed to his office, and the Privy- council ihall chufe, out of their own body, a ^ Lieutenant-governor of the State. And in cafe of the impeachment of the Lieutenant-gover- nor, or his removal from office, death, reflgna- |ion, or abfence from the State, one of the Privy-council, to be chofen by thcmfelves^ :fi)all fucceed to his office, until a nomination to thofe offices refpedively, by the Senate and {loufe of Reprefentatives, for the remainder of the time for which the officer fo impeached, re- moved from office, dying, refigning, or being ^bfent, was appointed. IX. That the Privy-council fhall confift of the Lieutenant-governor for the time being, and eight other Members, hve of whom fhall be a Quorum, to be chofen as before diredted, four to ferve for two years, and four for one year ; arid at the expiration of one year, four others fhall be chofen in the room of the lafl four to ferve for two years ; and all future Mem- bers of the Privy-council fhall thenceforward' be elected to ferve for two years, whereby there will CONSTITUTION OF SOUTH-CAROLINA. 519 will be a new eledtion every year for half of the Privy-council^ and a conftant rotation efta- bliflied ; but no Member of the Privy-council who (hall ferve for two years» (hall be eligible to ierve therein after the expiration of the faid term, until the full end and term of four year^ : Provided always, that no officer of the army or navy,, in the fervice of the Continent or this 3tate, nor Judge of any of the courts of lawi iliall be eligible ; nor (hall the- father, fon or brother of the Governor for the time being, be elie^d into the Privy-council during his admi- niftration. A Member of the Senate or Hbufe of Reprefentatives, being chofcn of the Privy- council, fhall not thereby lofe his feat- in the Senate or Hbufc of Reprefentatives, unlefs he be eledted Lieutenant-governor, in which cafe he ihall, and another perfon (hall be chofen in his (lead. The Privy-council is to advifc the Governor and Commander in Chief, when re- quired, but he (hall not be bound to confult them unlefs diredled by law. If a Member of the Privy-council (hall die or depart the State, during the receis of the General A (Tembly, the Privy-council (hall chufc another to ad^ in his room, until a nomination by the Senate and Houfe of Reprefentatives (hall take place. The Clerk jao CONSTITUTION OF SOUTH-CAROLINA. Clerk of the Privy-council (hall keep a regular journal of all their proceedings, in which ihall be entered the yeas and nays on every queflion, and the opinion, with the reafons at large, of any Member whodefiresit; whith journal ihall be laid before the legiflature, when required by either Hoiife. X. That in cafe of the abfence from the feat of government, or iicknefs of the Governor and the Lieutenant-governor, any one of the Privy- council may be empowered by the Governor, under his hand and feal, to adt in his room i but fuch appointment (hall not vacate his feat in the Senate, Houfe of Reprefentatives, or Privy- council. XL That the executive authority be veiled in the Governor and Commander in Chief, in manner herein mentioned. XI L That each parifh and diftridt through- out this State ihall on the lail Monday in No^ vember next, and the day following, and on the fame days of every fecond year thereafter, eh&:, by ballot, one Member of the Senate ; except the diftri by proclamation, with the adv^e and confcnt of the Privy -council, ap- points more fecure and convenient place of meeting; and to continue for two years, from the fai,d- lad Monday in November ; and that no peripn {Jiall be eligible to a feat in the faid Se- nate, unlefs he be of the Proteftant religion, and hath attained the age of thirty years, and hath , been a reiident in this State at leaH: five years. Not lefs than thirteen Members (liall be a Y Qiioruni> 32« CONSTITUTION OF SOUTH-CAROLINA. Quorum to do bofinefs, but the Prefidentor any three Members niay adjourn from day to day. No perfon who ^fided in the pari(h or diftridt for Which he itele^cd (hall take his feat in the Senate, unlef^ he j^fleiles a fettled eftate and freehold, in his own tight, in the faid parifli or di{iri&, of the value of ^o thoufand pdunds currency at leaft, dear of debt i and no noil- refident ihall be eligible to a feat in the faid Senate, unlefs he is owner of a fettled eftate ahd freehold, in his own right, in the parifh or diftridt where he is ele^ed, of the value of fevth thoufand pounds currency at leaft, alfo clear of debt. XIII. That on the laft Monday in Novem- ber next, aiid the tiay folk>wing, and on the fame days of every iet^ond year thereafter, Members of fhe Houfe of Reprefentatives /hall be <^ofen, to meet on the firfl Monday in Ja- nuary then next, at the feat of government, un- lefs the cafualties of war or contagious diforders fhould render it unfafe to meet there; in which cafe the Governor and Commander in Chief for the time being may, by proclamation* with the advice and confent of the Privy-council, ap- point a more fecure and convenient place of meeting 5 and to continue for two years from -■ ■ the CONSTII the faid lal rifh and d Members I lowing pro The parj Charlerfowi The parK Thepari/; iix Members Theparift The pari/] MemberSi The parifh Members. I The parifh Members. The parifh The parifh The paHfh Thepaiiih . ThepariA Members. The parifh 1 The parifh |bers. '^^^ parifh fix Alcmbcrs, CONSTITUTION OF SOUTH-CAROLINA. 313 the faid la(i Monday in November. Each pa* ri(H and Mn€t \ip!^m this State (hall fend Members to the GenttnU AfTembly in the foU lowing J>roportion«, that is to fay^ The pariih of St. Philip and St. Michael Charlefiown* thirty Members. The parifli of Chrift-Church, fix Members. The pari(h of 6ti John^ in Berkley eottnty, fix Members. ' Theparifh of St. Andrew^ fijc Meihbers. The pari(h of St. George. Dorehefter« fix Members. The pari(h of St. James, Goofe-Creekj ^ Members. The pariih of St. Thomas and St^ Bennis, &k Members^ The pari(h of St. Paul, fix Members. The parifh of St. Bartholomel;i^ri^ Members. The ptiriih of St. Helena, ^x Members. The pari!(h of St. James, Stntee; fix Mem- bers. The pariih of Prince George, Winyah, four . Members. The pariih. of All Saints, tyro Members. . ] The pariih of Prince Fi^erick, iix Mem- |bers. The pariih of St. John, in Colleton couiity, Jx Members, Y2 The #. 3^24 CONSTITUTION OF SOUTIJyCAR^WKA. . The pariih of St. Peter, fix Membefs. ; Theparidi of Prince WiUiam» fix Members. The parilh of St. StQphen» fix Members. The diflridt to the eaAvl^rd of Wateree river, tenMdmhers. • ilLiS »3i ii> Hmcq . wi j Thediftridl of Nine|y-$jx, ten Meti^be^s, Tht dijftfidtof SaiEe-Gotha/ iix J^embers. , TJb« di^ri^ between Broad a^^iS^^dy Rivers, in three divifions, viz. RVKifutt/^ The Ji*05YCT di(^ri4l>:/our Membera.^ • xf Th^rWl^^Cp-iyf ^ diftria:^ f9ur ^lerabers. The Upper or Spartan diftrid, four Mem- The diflridt between Broad and Catawba BitrcMr ten Members, acd'i' ! •; to at, i/.q sd . The diftrift called the New Acqui^^on* ten Member8»i,;r]mo!4 xti J-jn*! .t? l':»rr:nr: . •vThe piin(h^of Sti Matdievir, three Members. The patifh of Orangey! ithree Members. - l^ptt^iOi df 6t. Ddivi^, 4x Meittber^. The diftrift between Savannah River and the liorlh &ii^k 6f . gdifto, .fix Members. . And the election of the faid Mcmbt>s /hall be cortd^tiwd-i as ricaraa rhiy be, agreciaWe to the diredliions^of thcprcftnt or any fbtiire Elec- tion Adt or Ads, And where there are no „■".!. I ■'' s Y edi^StlTUTIGN OF SOUTH^CAROLINA. 325 churches or church-wardens in adiftriA or pa- A(h, the Houfe of Reprefentatives, at feme convenient time before their expiration, (hall appoint places of eledtion, and pcrfons to re- ceive votes and make returns. The qualifica" tioii of ele£^rs (hall be, that every free white man, and no other perfon, who acknow* ledges the being of a God, and believes in a future (late of rewards and punifh- ments, and who has attained to the age of one- and -twenty years, and hath been a reiident and an inhabitant in this State for the fpace of one whole year, before the day appointed fo^ the elei^ion he offers to give his vote at, and hath a freehold at leafl of fifty acres of land, or a town lot, and hath been legally fci^ed and poiTefTed of the fame at leafl fix months previ- ous to fuch elecftion, or hgth paid a tax the preceding year, or was taxable the prefent year at leaft fix months previous to the faid ele(ftion, in afum equal to the tax on fifty acrps of land, to the.fupport of this Government, (hall be deemed a pcrfon qualified to vo^e for, and fliall be capable of eleding a Reprefentative or Re- prefentatives, to ferve as a Member or Mem- bers .in the Senate and Houfe of Reprefenta- * 3 tives p$ CONSTITUTION OF 50UTH*CAR0LIMA» tivesji for the pariih or diftri^ where he a^ud)/ is t refident, or in any other pariih or diibid^, in this State^ where he hath the like freehold. Electors £haU take an oath or affirmation of qualification, if required by the returning officer. No perfon j(hall be eligible to fit in the Houfe of Reprefentatives, unlefs he be of the Proteftant religion^ and hath been a refident in this State for three years previous to his eledion. The qualification of the eleded, if refidents in the parifli or diilridl for which they Ihall be returned, ihall be the fame as men- tioned in the Eledtion Ad, and conflrued to mean clear of debt. But no non-refident ihali be eligible to a feat in the Houie of Reprefen-> tatives, unlefs he is owner of a fettled eftate 4 and freehold, in his own right, of the value of three thoufand and five hundred pounds currency at leaft, clear of debt, in the pariih or difktiGt for which he is elected. XIV. That if any parifh or diftridt neglects or refuies to eled^ Members j or if the Men^- bers chofcn do not ineet in Qcierat Afiembly ; thofe who do meet fhall hav^ the powers of the General Afiembly. Not lefs than fixty-nine Members QM make a Houfe of Reprefenta- tiv^s CONSTITUTION OF SOU T.H- CAROLINA. ^^27 tifct todobufineTsi but the Speaker* or any kven Members may adjourn from day to day. XV. That at the expiration of feven years after thepafling of this Conftitution, and at the end of every fourteen years thereafter, the Re- piefentation of the whole State (hall be pro* portioned in the moft equal and jud manner, according to the particular and comparative ilrength, and taxable property, of the difierent parts of the £ime ; regard being always had to the number of white inhabitants, and fuch taxable property. %VL That all money-bills for the fupport of Government fhall originate in the Houfe of ileprefentativesi and /hall not be altered or amiended by the Senate, but may be rejeded by them ; and $hat no money be drawn out 6f the public treafury, but by the legiflative au- thority of the State. All other bills and ordi- nances may take rife in the oenate or Houfe of Representatives, and be altered, amended, or rejeifted by either, A£ts and ordinances hav- ing paflTed the General AiTembly, (hall have tVj Great Seal affixed to them by a joint Comniittee of both Houfes, who (hall wait upon the Governor to receive and return the Y 4 Seali 328 CONSTITUTION OF SOUTH-CAROLINA. Seal ; and (hall then be figrtecf by the Prefidcnt* of the Senate, and Speaker of the Houfe of Rcprefentatives, in the Senate-Houfe, and fhall thenceforth have the force and validity of a law, and be lodged in the Secretary's office. And the Senate and Houfe of Rcprefentatives refpedively, fhall enjoy all other privileges which have at any time been claimed or exer- cifed by the Comniop? Houfe of Aflembly. XVII. That neither the Senate rior Houfe of Rcprefentatives (hall have power to adjourn themfelves for any longer time than three days, without the mutual confent of both. The Governor and Commander in Chief (hall have no power to adjourn, prorogue, or di(rolve ^hem, but may, if neceifary, by and with the advice and confent of the Privy -council, con- vene them before the time to which they ihall (land adjourned. And where a bill hath been rejected by either Houfe, it (hall not be brought in again that kfHon, without kave of the Houfe, and a notice of fix days being pre- vioufly given. XVIII. That the Senate and Houfe of Rc- prefentatives (hall each chufe their refpeaive officers by ballot, without controul. And that, during CONSTITUTION O^ SOUTH- (^^AROLmA, 319 during a recefs, the Prcfidcnt of the Senate, and Speaker of the Houfe of Reprefentativcs, (hall iffue writs for filling up vacancies occa- fioncd by death iti their refpedlive Houfes, giving at leaft three weeksj and not more than thirty- five days previous notice of the tinve appointed for the election. XIX. That if any parifh or diftrid (hall ne- glect to elcft a Member or Members, on the day of election V or in cafe any perfon chofen a Member of either Houfe, fhall refufe to qualify . and take his feat as fuch, or die, or depart the State ; the Senate or Houfe of Reprefentatlves, as the cafe may be, fhall appoint proper days for electing a Member or Members, in fuch cafes refpe<5tively. XX. That if any Member of the Senate or Houfe of Reprefentatives {hall accept any place of emolument, or any commiflion (ex- cept in the militia, or the commiffion of the peace), and except as is excepted in the Tenth Article, he fhall vacate his feat, and theVe fliall thereupon be a new eledion ; but he fhall not be difqualified from ferving upon being re- cleded, unlefs he is appointed Secretary of the State, a CommifTioner of the Treafury, an OfHcer SSO CONSTITUTJON OF SOUTH-CAROUKa. Officer of the Cqilomi> P^e^'^er :of inerife conveyftnces, a Clerk of either of the Courts of Juilice» Sheriff, Powder- receiver. Clerk of ib/^ Senate, Houfe of Reprefentatives^ or Privy-council, Survejror-general or Commif- hry of military ftores ; which officers are here- by declared difqualiiied from bdng Mcnibers ^ther of the Senate or Houfo of Reprelen- tatives. XXI. And whereas the Minjfters of the Cofpel are, by their profeffion, dedicated to the fervice of God and the cure of fouls, and ought not to be diverted from the great duties of their function ; therefore, no Minifterof the Gofpcl, or public preacher, of any religious perfuaiion, while he continues in the exercifc of his paftoral fun^ion, and for two years after, (hall be eligible either as Governor, Lieutenant-governor, a Member of the Sc* nate, Houfe of Reprefentatives, or Privy- council in this State. XXII* That the Delegates to reprefent this State in the Congrefs of the United States, be chofen annually, by the Senate and Houfe of Reprefentatives, jointly, by ballot, in the Houfe of Keprefentatives. And' nothing contained in CONSTITUTION OF SOUTH-CAROLINA* 331 In this Conftitution (hall be conftrued to ex- tend to vacite the feat of any Mem1>er who it or may be a Delegate from this State to Con- grei^y as fucfa, 'XXIII. That the form of impeaching all officers of the State» for mal and corrupt con* du^ in their jefpedtive offices, not amenable to any other jurifdi^ion, be veiled in the Houfe of Reprefentatives : but, that it (hall always be neceifary, that two-third parts of the Mem- bers prefent do confent to, and agree in, fuch impeachment. That the Senators and fuch of the Judges of this State as are not Members of the Houfe of Reprefentatives, be a Court for the trial of impeachments, under fuch regula- tions as the legiflature (hall eftablifh; and that, previous to the trial of every impeachment, the Members of the faid Court (hall refpedUve- ly be fworn, truly and impartially to try and determine the charge in queftion, according^ to evidence. And no judgment of the faid Court, except judgment of acquittal, (hall be valid, unlefs it (hall be a(rented to by two-third parts of the Members then prefent. And on every trial, as well on impeachments as others, the party accufed (hall be allowed Counfel. XXIV. That 332 CONSTITUTION OF SOUTH-CAROLI^A. XXIV. That the Lieutenant-governor ojf* the State, and a majority of the Privy- council,* for the time being, fhall, until otherwife al- tered by the legiflature, exercifc the powers of a Court of Chancery. And there' (liall be Or- dinaries appointed in the fevetal diftfidsin this State, tobcchofcn by the Senate and Houfe of Rcprefentatives, jointly, by ballot, in the Houfe of Reprefentatives, who (hall, within their re- fpedtive diftridfcs, exercife the powers hereto- fore exercifed by the Ordinary : and pntil fuch appointment is made, the prefent Ordinary, in Charleftown, fhall continue to exercife that office as heretofore. * XXV. That the jurifdidion of the Court of Admiralty be confined to maritime caufes. XXVI. That Jufticcs of the Peace fhall be nominated by the Senate and Houfe of Rcpre- fentatives, jointly, and commiffioned by the Governor and Commander in Chief during {)leafure. They fhall be intitled to receive the fees heretofore eflabliflied by law ; and not ading in the magiftracy, they fhall not be in- titled to the privileges allowed to them by law. ,; XX VII. 1 hat all other judicial officers fhall be chofen by tJallot, jointly, by t}ic Senate and Jloufc C^QN&XI.TiyJION OF SOUTH-CAROLIlti^. 333 Houfe of Reprefentatives, and, except the Juflg€S of the Court of Chancery, comr raiflioned by the Governor and Commander in Chief during good behaviour ; but {hall be re- moved on addrefs of the Senate, and Houfe of fl.epreicntj^iU?cfi,,j^.,^^j.,,,^ ;, .;. -.,.. .. -..^l>: XXVIII^Th^t; the Sheriffs, qualified as by law dired^ed,, (hall be chof(;n in like manner, hy-the S^i^fite and. Houfe of Rcprefeftt^^^^g, \yhen the Gov^nprj Lieutenant-governor, and Privy- council ace chofcn, and commiflioned by the Governor and Cornrpapder in Chief for twoycjirs; andihall give fecurity, as required by law, before t^ey enter on^ the execution of their olfiee, N o Sheriff who fh^-M have Ij^yed " ■■'.' -''•-••)• ■•-... -^ ^- ■ '- ■ ' ^ , loc two years, fhall be eligit^e.|o"ferve injthe faid ofHce, after the expiration qf. the |aid |^f m^ until the full end and term of four years, but fliaU continue in office \witil ' fuch choice b^ made : nor fliall any perfon be eligible asSI^^-. riff, in any diftridt, unkfs he ihall hayefe- fided t;herein for tv^o years .^j^evio>i^^ .(9 the, eledioiii.^^^ -- V :j 3d lUm ^list^i,!/ ♦ XXIX«; That two . Cominiffionersr ,of : the Tre^fury, t^c Secretary, 9f::t;hie §t8t§». ithe.Ro-: giflers of mefne Conveyances in each diflrimiflion|&d by the Opvernpr and (Commander in Chief. XXXI. That in cafe of vacancy in any of the officer above direcounci},, tsof appoint otl>er8 in their ilead, until there O^li bean election by the Senate and.HoMfe of Re«. prefentatives to fill thofe vacancies .refJ>edU^^ely*: XXXHI. That the Oovdmor^ and Commain** der in Chief, with ^ the advice and conlent' of the .Friv^-Gotinoil, may appoint, duringi pleafnre, aatil otherwife dire^d by lawv sdl other neceffary officer-council»' may lay embargoes, or prohibit the exponra- tion^ of any commodity, for any thne, not ex- ceeding thirty days, in the recefs of the Gene* ral AiJcmbly. - - ^ : jI j5 «3Yi:: .,;jir:q . KXXVI. That.afl perfbhs'^who (hall be cb^l^a and appointed to.any office;! or tol any- place of trufl,M civil or military r btfo^e entei^ ing Mpon the execution of ofBce (l^all takeithe: folloiw^ing oata:r) ^ .- ,'. ii^<'>vifclh>9m5H? /' I, A. B. do acknowledge the State! of South- Carolina to be^ free, independent, and fovcreign State, and that the. people thereof OT^ no allegiance or obedience to George the Third, King of Great Britain. And I do re- nounce, refufe, and abjure, any allegiance or obedience to ^ him. And I do fwear. or affirm (as the cafe may be) that I will, to. the utmofl of my power^ fupport, maintain,: and defend --'^ the CONSTITUTION OF SOUTH-CAROLINA. 33^ the faid State;) again ft the faid King Georg« the Third, and his heirs and (ucceffors, and his or their abettors^ aflidants, and ad^ herents, and will ierve the faid State in tho office of with fidelity and honour* and according to the beft of my fkill and ufi-* derftanding. So ht\p me God." « XXXVII. That adequate yc .y falaries he allowed to the public officers of this State, and be fixed by law. XXXVIII. That all perfons and religious focieties who acknowledge that there is one God, and a future flate of rewards and punifh-< ments, and that God is publicly to be wor^ fhipped, ihall be freely tolerated. The Chrt^- flian Proteftant religion fhall be detoi^, and - is hereby conflituted and declared to be the eflablifhed religion of this State.' That all denominations of Chriflian Proteftants in thia State, demeaning themfelves peaceably and faithfully, fhall enjoy equal religious and civil privileges. To accompliffa this deiirable pur« pofe, without injury to the religious property of thofe Societies of Chriftians which are by law already incorporated for the purpofe of religious worihip i and to put it fully into th^ Z power .o3:^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ^ l&i 122 !!f |d£ 12.0 i |L25|U|j^ ^ 6" ► z ^/ ^.^* ^ {Olographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716)172-4503 ^Zl. '«iJ*<^ '^'^^ ^DP QQn$WmXJmO^ of 80UXff.CAR0LINA« fpwer of Gfetyl other Societf of ChrtftiMi Pro-' ^(bmtSki either lalfcady formed^ or harcafter to: bc/6rm^(L (;«» olitaiii^c lilbe ioeorpocatioD i it IliieKby cc»|iftiiute4 appoinisedi ahd deeiared, Thttthei^refpcAive Sbcie^es of the Chuecfa of jQi^hod thi9t are already formed iii thit State lor the purpoies of roligioiM utoribip^ ihaU Hill cxintinue inoorporate^ and hold th« religious property now in their pofl^on : and that whenever fifteen or more male peribns, not upder twetty-one years; of ^age, profeffing the ()hfiftia|i,Prote(lant religion, agree to unite tlunniUvfi^ 19^ 4(„ Society for the purpofes of feligious worihipt they fhall (on complying V^the terms herein after, mention^) be, and W£0iifti|ttt<|4ra Ch9rch» and be efteemedand regarded in law as of the edabliihed religion ^ the State ;. and on a petition to the kgillature, fliall ht ifitilltd to be incorporated, and to ^njoy equal privileges. That every Society of Chrif- tkns fo formed (hall give themfelves a name, or denomination, by which they fhall be called vUrd known in law 1 and all that aflbeiate with them for the putpdfes of wo^diip, (hall be efteemed ai belonging to t^ Society fo called . bki thaty^^nrevtous to theeftabli(hment and in- .•^v - »" corporation CONSTITUTION OF SOUTH.CA&OLiNA. 73^ Corporation of the refpedive Societies of ecery .denomination as aforcfaid^ and in or*> der to intitle them thereto, each Society fo pettr tipniQg (hall have agreed to, and Aihicrtbed, in a book^ the foll(^ii9g five sirti^les, without whi^h no agrec^ment or union of .men, upcul j^tre^nc^ of religion,, (hall intitle them to be incorporated, and.efteemed as a Church of the €d^^ihed religion^ this State : ; . - 1 . ilhat there is one eternal God, and a fu* ture ftate of rewards and puniihments. .^..^. That God is publicly to be wor(hipped< 3. That the Chriilian religion is the true religion. 4. That the Holy Scripturei of the Old aacL^ New Teftament are of dirine iofpirati The pariih of St. Matthew, and the upper part of St. Philip, above Canouchie, (hall be another county, and known by the name of Effingham. The pari(h of Chrift-Church, and the lower part of St. Philip, below Canouchie, (hall be another 'county, and known by the name of Chatham. « t The pari(he8 of St. John, St. Andrew, and 6r, James, fhali be another county, and known hy the name of Liberty. The pariihes of St. David and St. Patrick (hall be another county, and known by the ilame of Glyn. The pariflies of St. Thomas and St. Mary fiiall be another county, and known by the name of Camden, The port and town of Savannah (hall be al- lowed four Members to reprefent their trade. J' . . . . j.iti^ The port and town of Sunbury (hall be al- lowed two Members to reprefent their trade. ^rV. The two counties of Glyn and Camden (hall have one Reprefentative each ; and alfo they, and all other counties that may hereafter be CONSTITUTION OF GEORGIA. i^ be laid out by thcHoufe of AfTembly, (hill be under the following regulations, viz. At their firil inAitution, each county (hall have one Member, provided the inhabitants of faid county fhall have ten electors i and if thirty, they (hall have two ; if forty, three ; if iixtjr* four ; if eighty, fix $ if an hiindred and up« wards, ten ; at which time two Executive Coun** cillors (hall be chofen from them, as is dired* ed for the other counties. ^ VI. The Reprefentatives (hall be chofen out of the re(idents in each county who (hall have refided at leaft twelve months in this State, and three months in the county where they (hall be eleded ; except the freeholders of the cpun^es ofGlyn and Camden, who are in a Aateof alarm, and who (hall have the liberty of chufing one Member each, as fpecified in the articles of this Conditution, in any other county, untijl they have ref^depts fufficient to qualify them^ for more : and they (hall be of the Prote(Unt religion, and of the age of .twenty-one years, and (hall bepofre(red in their own right of two hundred and fifty acres of land, or fome pro- perty to the amount of two hundred and 6^tf ...... .' . .... %drr VII. The VII. The Houfc of Aflcmbly (hall ha^ power to make fuch laws and regulations as may be conducive to the good order and welk being of the State $ provided fuch laws and rfi^ gulations be not repugnant to the true intent and meaning of any. rule or regulation contain- ed in this Conftitution. ^ The Hotife of A^cmbly fliall alio have power to Tepeal all laws and ordinances they find in^ jurious to the people : and the Hoqfe fhall chufe its own Speaker^ appoint its own officers, fettle its own rules of proceeding, and dired writs of elcdlion for fupplying intermediate vacancies; and (hall have power of adjourn- inent to any time or Hmes within the year. '^ Vill. All laws and ordinances (hall be three dmes read, and each reading (hall be on di^e- rent and feparate days, except in cafes ofgreaf ]]£ce(fity and danger ; and all laws and ordi- nances (hall be fent to the Executive Council^ after tfid fecond reading, fof their perufal and advice. " IX; Every male white inhabitant, of the a|e of twenty-one years, and pofleffed, in his own right, 0? ten pounds vdue, and liable to pay taxf ift this State, or beingof any mechanic trade, and who (hall have been a refident (ix months in this ' I " : State, ' CONSTITUTION *OF GEORGIA. 35% l^UXc, (Ml have a right to vote at all de^Uiliif for Reprefentatives, or any other pfii^eri hefcui agreed tobechofen by the people at large 1 and every perfon having a right to vote at any ^ep- tion> fhall vote by ballot peribnally. , X. No officer whatever (hall ferve anypro- cefsy cr give any other hindrance to any per*- fon entitled to vote, either in going to the pkce of eledlion, of during the time of the iaid eledlion.or on their returning home from fuch eledlion ; nor (hall any.military ofBcer or (6U dier appear at any election in a military clia* rafter, to the intent that all eledlions may be free and open. XI. No perfon (hall be entitled to^ aioie than one vote, which (hall be given ii^ the county where fuch perfon refides^ except ai before excepted j nor (hall any perfon who holdf any title of nobility, be entitled to a vote^ or be capable of ferving as a Reprefentative, or . hold any poft of honour, profit, or truft, in this State, whilft fuch perfon claims his title of no* bilityi but if the perfon (hall give up fuch di- ftindlion, in the manner as may be direded by any future legidature, then, and in fuch cafe, he (hail be entitled to a vote, and xeprefent, as befo^-e j5i ^>NST1T^TI0N OP CEOHmA. cYca^dn, and ^nb ihall negled'to give inr his(>r their ballot at ifuch election, ihall be (ubjcctto rj^iimlty not exceeding five poisiitik ; the ixvode 6f rbcbvei7» and alfo the appropriation thereof, to bt pointed OQt and directed by Act of the y^ilkture: provided neverthblefs, that a te^i^ Ibwiblcexcufedian bcadtaitifed. i^ *^5cni. The ifxianner of electing Kepreient^* tim fiiall be t>y ballot, and Ihall be taken by tWo'dr more JuftiCes of the Peace/ it each county, who ihall provide a convenient boif for itsedviDg the 'faid ballots ; and dn tfloiing the fidli the b4}ot8 ihal) be cofhpared tfi-pilbi^ «ril!fathe lifts* &f voters that have Wtitakefr, nidr the majovity immediately declared ;-a cer- lificate of the fame being given lb the perforis -elelled* and alfo a certificate returned to: the J^oufe of Reprefi^tl^tives. ' si -CM XIV. Eveiyif^rfoji entitled to voteihaUti^ ^e following, oa^ or aiHrmation, if requiit^d^ ?wz. . 'ft ^^5 I, A. B. do voluntarily and folcmnlyfwear, iOr^i^rni (s^s the cafe may be), that I do owe «^ :^^ true CONSTITUTION OF GEbkGIA. 353 -r*.lr; true allegiance to this State, and will fupport the Conftitution thereof. So heljp me^ God," ^ XV. Any five of the Reprcfentativcs elected, as befbi-e directed, being met, fliall have power to iadminifter the following oath to each other | and they or any other Member, being fo fworifi' ihall in the Houfe adminifter the bath to all ether Members that attend, in order to qualify thein to take their feats, viz; < " I, A. B. do folcmnly fwear, that I will bear true allegiance to the State of Georgia, and will truly perform the truft repofed in me; and that I will execute the fame to the bcft of my knowledge, for the benefit of this State, and the fupport of the Conftitution thereof; and that I. have obtained my eledlion without fraud pr bribe whatever. So help me, God." XVI. The Continental Delegates fhall be j|ippoipt;cd annually ^by ballot, and ihall have a right jto J(it, debate, jad vote, in the Houft pf AiTcmbly, and be deemed a part thereof; fubjc£l, hovycv?r, to the regulations contained in the twelfth article of the Confederation of the United States, XVII. No perfon bearing any poft of profit under this State, or any perfon bearing any mili- tary commiffion under this or any other State, or A a States, 354 CONSTITUTION OF GEORGIA. > ■ ^tatesj except Officers of the ^iUtia^ %dl b^ elected a Reprefentatiye. And if apy Jlc;pre- fentative iball be appointefl, to any plape of profit, or military <:ommiiiipn« which he ihal| accept, hi$ feat (tinU inxmediately beeping va- cant, and be (hall be incapable of re-ele^ion, whiUl holding fuch ofiice. By this article it is npt tq he underflood, that the office of a Juftice of the Peace if; a poii of profit. XVIII. No perfon ihall hold nnore than one office of profit under this State, at one and the iame time. XIX. The Governor (hall, with the advice of the Executive Council, exercife the execu- tive powers of government, according to the laws of this State, and the Conftitutipn there- of 5 fave only in the cafe of pardon^ and re- miflion of finies, which he*ihall in no inftance grant j but he may reprieve a criminal, or fuf- pcnd aline, until the meeting of the Affcmbly, Who may determine therein as they (hall judge fit. "•■ ' XX. The Governor, with the advice of the Executive Council, (hall have power to call the Houfe of AfTembly together, upon any emer- gency, genc] journ XJ Execi ate va the m civil a nor, u State. XXJ Execut they ai ufing tl by the XXI nually I the faic three, niiflion The the Hou appoint. XXIV •• J, Georgia, 1cm nJy p CONSTITUTION OF QEORGIA. 355 gency, before the time which they Aand adr journed to« XXI. The Governor, with the advice of the Executive Council, fliall lill up sll intermedi- ate vacancies that (hall happen in offices tiU the next general election : and all commiflions civil and military (hall be iiTued by the Gover- nor, under his hand, and the Great Seal of the State. XXII. The Governor may preiide in the Executive Council at all times, except when they are taking into confideration, and per- ufing the laws and ordinances offered to them by the Houfe of AfTcmbly. XXIII. The Governor (hall be chofcn an- nually by ballot, and (hall not be eligible to the faid office for more than one year out of three, nor (hall he hold any. military comr miffion under any other State or States ^ The Governor (hall rcfide at fuch place as the Houfe of AfTembly for the time being (hail appoint. XXIV. The Governor's oath : •• I, A. B. eleded Governor of the State of Georgia, by the Reprefcntatives thereof, do fo- lemnly promife and fwear, that I vvill. during A a 2 -the S56 CONSTITUTION OF GEORGIA, the term of my appointment^ to the bcft of my fkill and judgenient, execute the faid office faithfully and confcientioufly, according to law, without favour, affeftion, or partiality]^ that I will to the utmofl of my power fupr port, maintain, and defend the State of Georgia^ and the Conftitution of the fame; and ufe my utmoft endeavours to protect the people there- of in the fccure enjoyment of all their rights, franchifes and privileges; and that the laws and ordinances of the State be duly obferved, and that Jaw and juftice in mercy be executed in all judgments. And I do further folemnly promife and fwear, that I will peaceably and quietly refign the government to which I have been ele^ed, at the period to vvhich my conr tinuance in the faid office is limited by the Conftitution. And laflly, I do a]fo folemnly fwear, that I have not accepted of the govern-r ment, whereunto I am cledtcd, contrary to the articles of this Conftitution. Sp help me^ God." This oath to be adminiftereid to him by the Speaker of the Affembly. The fame oath to be adminiftered by the Speaker to the Prefident of the Council. Nq COKSTITUTIOK OF' GEdltGIA. 357 No pcrfon (hall be eligible to the office of OovernQr^ who has not refided three years iti this State. XXV* The Executive Council (hall meet the day after their eledion, and proceed to th^ choice of a Prefident out of their own body; they (hall have power to appoint their own of* ficers*and fettle their own rules of proceedings. The Council (hall always vote by counties^ and not individually. - XXVI. Every Councillor, being prefent, (hall have power of entering his protcft againft any meafures in Council he has not confented to, provided he does it within three daySi XXVII. During the fitting of the Affem- bly, the whole of the Executive CoUndl (hall attfend^, unlefs prevented by ficknefs, or fome Other urgent necefllty 5 and in that cafe, a ma- jority of the Coun<^il ihall make a Board, to examine the laws and ordinances fent them by the Houfe of Affcmbly -, and all laws and or- dinances fent to the Council (hall be returned in five days after^ with their remarks thereon. X^XVlIi. A Committee from the Council fent with any propofcd amendments to any law or ordinance, fhall deliver their reafons A a 3 for 3S8 CONSTITUTION OF GEORGIA. for fuch pr6pofed amendments^ fitting and co* yered ; the Whble Houfe at ^hat time, except the Speaker, uncovered. XXIX. the Prefideht of the Executive Cbuncih in the abfentie or ficknefs of the Go- vernor, (hall ekercife all the powers of the Governor. XXX. Wh^n any affair that requires fecrecy , Aall be laid before the Governor and the Exe- cutive Council, it fhall be the duty of the Ooverttor^ and h'e is hereby obliged, to admi- * nifler the following oath, viz. •• 1, A. B. do folemnly fwear, that any bufinefs that fhall be at this time communi- cated to the Council, I will not, in any man- ner whatever, either by fpeaking, writing, or otherwife, reveal the fame to any pcrfon what- ever, until leave given by the Council^ or when called upon by the Houfe of Affembly ; and all this I fwear without any refervation what- ever. So help me, God." ^^nd the fame oath fhall be adminiflered to the Secrecary, and other ofHcers neceflkry to carry the bufinefs into execution. •it;)!,- li Xxxi. COHSTITOTION of GEORGIA^ 359 XXXI. The execitttive power (hall exift, till renewed, as pointed out by the rules of this Conftitution. * XXXII. In all tranfadtions between the le^ giflative and executive bodies, the fame (hall be communicated by me(rage, to be delivered from the legiflative body to the Governor, or Executive Council, by a Committee ; and from the Governor to the Houfe of Aflembly, by the Secretary of the Council; and from the Executive Council, by a Committee of the faidCouncilb XXXIII. The Governor for the time be- ing (hall be Captain- general and Commander in Chief over all the militia, and other mili- tary and naval forces, belonging to this State. XXXIV. All militia commiilions (hall fpe- cify^ that the perfon commifTioned (hall conti- nue during good behaviour. -« XXXV. Every county in this State that has, or hereafter may have, two hundred and £fty men, and upwards, able to bear arms, (haH be formed into a battalion ; and when they be- come too numerous for one battalion, they (hall be formed into more, by bill of .the legi- flature ; and thofe counties tliat have a lefs A a 4 number 3fe CONSTITUTION OF GEORGIA. humber th«n two hundred and fifty, ihall be formed in tQ independent companies. , XXXVI. There (hall be edablifhed in each county a court, to be called a Superior Court, tp be hqld twice in each year, on the firft Tuef- day in I|i4arch, in the county of Chatham. The fecond Tucfday in March, in the coun- ty of Effingham, "^."lije third Tuefday in March, in the county 01 Duikc. ''The fourth Tuefday in March,' in the colin- ty of kichmbHcT. The next Tuefday, in the county of Wilkes : And Tuefday fortnight, in the county of Liberty. The next Tuefday, in the county of Glyn : And next Tuefday, in the county of Cam- den. The like courts to commence in October, and continue as above. XXXVII. Allcaufesand matters of difpufS between any parties refiding in the fame county, •to be tried within the county. ~- XXXVIII. All matters of difpute between contending parties reiiding in different coun- ties, (hall be tried in the county where the de- fendant retides ; except in cafes of real eilates* which ment appoi if an ihall the J at lib from . CONSTITUTION OF G£ORGI^ 36t which fliall be tried in the county wh^re fuch r^al edate lies. ' "XXXIX. All matters of breach of tM p^ace, felony, murder, and treafon againft the! State, to be tried in the county where the' crime was committed. All matters of diipute, both civil and criminal, in any county where tnere is not a fufficient number of inhatbitantt to form a court, fhall be tried in the next ad« jaccnt county where a court is held. XL. All caufes, of what nature foever,ihall be tried in the Superior Court, except as h^e- after mentioned ; which court (hall confift of the Chief-jufiice, and three or more of the Juf- tices redding in the county. In cafe of the ab« fence of the Chief-jufticc, the fenior Juftice on the bench fhall ad as Chief-judice, with the Clerk of the county. Attorney for the State, Sheriff, Coroner, Conflable, and the jurors. And in cafe of the abfence of any of the afore- mentioned ofHcers, the Juflices on the bench to appoint others in their room^r^ tempore. And if any plaintiff or defendant in civil caufes ihall be difTatisfied with the determination of the jury, then, and in that cafe, they fhall be at liberty within three days to enter an appeal -from that verdid, and demand a new trial by a fpe- i6i CONSTlTUTldN OF OEOltGIA: a rpecial jurjr» to be nominated as follows^ vie. each party, plaintiff and defendant* fhall chufe fix, fix more names (hall be taken in- differently out of a box provided for that pur- pole, the whole eighteen to be fummonedi and their names to be put together into the ]>ox, and the firft twelve that are drawn out^ being prefent, fhall be the fecial jury to try the caufe, and from which there can be no tppf»)^ - XLL The jury (h^l be judges of the Uw, la Mil as of fad, and £hall not be allowed to brifig in a fpecial verdid ; but if all or any of thi» j«^ have any doubts concerning points of laiTr fh^ ftiall apply to thebench, who (hall •aj[^ off them in rotation give their opinion* . XLIL The jury (hall be fworn to bring in a vefdid according to law, and the opinion they enitertain of the evidence ; provided it be not repugnant to the rules and regulations con* tained in this Conflitution. XLIII. The fecial jury ihall be ^orn t0 hriog in a verdid according to law, and the opinion they entertained of the evidence, pro^i vided it be not repugnant to j>uftice, equity and confcience, and the rules and regulations con* tained C6NST1TU HON or GtbkdlA. 3^3 tAined in this Conflitution, of vhich they (hall judge. XLIV. Captures both by Tea and land to be tried in the county where fuch fliall be carried in : a fpecial court to be called by the Chief* juAice, oct in his abfence^ by the then fentor JufUce in faid county, upon application of the< captors or claimants, which caufe (hall be die* termined within the fpace of ten days. The mode of proceeding and appeal (hall be the fame as in the Superior Courts, unlefs after the fecond trial an appeal is made to the Continen- tal Congrefs ; and the diftance of time between the firft and fecond trial (hall not exceed four-f teen days ; and all maritime caufes to be tried in like manner. XLV. No grand-jury ihall confid: <^ ,\t{% than eighteen, and twelve may find a bill, XLVI. That the Court of Confcience be continued as heretofore pradtlfed, and that the jurifdi^ion thereof be extended to try cauies not amounting to more than ten pounds. ^ XLVII. All executions exceeding five pounds, except in the cafe of a court mercka»it» (hall be flayed until the firflMonday in Mardif provided fccurity be given for debts and cofls. XLVIII. All 364 cdj^sTfTUTipN OF q^omiA.^ , XLVni. All the cofts attending any adiort in the Superior Court (hall not exceed the fum d three pounds^ and that no caufe be ^allpwed to depend in the Superior Cpurt longer than two termi. XLIX. Every officer of the State fhall be liable to be called to account by the Houfe 0/ Afibmhiy. .■:«imo -lo- ., ^' l! Every county tfiall feeep-'ifill'giit^^c'r^B* cords belonging to the fame j and aiithenticat- «!3' copies of the feveral recoi*ds, how in the pbflcflion of this State, fliall be made xjut, and dcpofitcd in that county to which they belong. ^ Ll. Eftates ihall not be entailed ; and when a perfon dies inteftate, his or her eftate (hall be divided, according to the Adt of diftribution made in the reign of Charles the Second ; un- lefs otherwife altered by any future Ail of the Icgiflature. LII. A Regifter of Probates (hall be ap- pointed by the legiflature in every county, for proving wills, and granting letters of admi* nitration. ii LIU. All CONS^ltt^TiON OF GE6RGI A. * 361 * LIII.' All civil ofticers in each county (haU be annually elcded on the day of the genera} cle£^ion, except Juftices of the Peace, and Re- gifters of Probates, who ihall be appointed by the Houfe of Afienibly, LIV. School^ (hall be ere^ed in each county, and fupportcd at the general expence of thp ^tate, as thp legiilatcjre fha}l hereafter poin( pur, / LV. A court-houfe and gaol (hall be erefled at the public expence in each county, where the prefent Convention, or the future legiflaturej^ ihall point out and direct. LVI. All perfons whatever ihall have the free exercife of their religion, provided it be not repugnant to the peace and fafety of the State J and ihall not, unlefs by confent, fupport any teacher or teachers, except thofe of their own profeifipn. LVII. The Great Seal of the State ihall h^ve the following device ; on one iide a fcroll, whereon ihall be engraved, TJbe Conjiitution of the State of Georgia, and the motto. Pro bono Publico ; on the other iide an elegant houfe and other 3«6 CONSTITUTION OF GEORGIA. 9thtr building?, fields of corn, and mea* 4ows covered with iheep and catties a ri- ver running tbro* the fame, with a ihip un- der full fail, and the motto, Deus nobis bac otia fecit. LVIII. No perfon (hall be allowed to plead in the courts of law in this State, except thofe who are authorifed fo to do by the Houfe of Af- fembly ; and if any perfon fo authorifed ihall be found guilty of mal-pra£tice before the Houfe of A0embly, they (hsdl have power to fufpend ^em. This is not intended to exclude any pcrfoi) from that inherent privilege of every freeman, the liberty to plead his own ^aufCf LIX» Exceffive fines (hall not be levied, nor cxcefGve bail demanded. LX. The principles of the Habeas Corpus A6t ihal} be psirt of this Conftitution. LXJ. Freedom of the prefs, " and trial by jury, to remain inviolate forever. LXII. No Clergyman, of any denomination, (hall be allowed a feat in the legiflature. LXIII. No alteration (hall be made in this foiiftitution^ without petitions from a majority Pf ■m CONSTITUTION OF GEORGIA. . 367 p£ the counties, and the voters in each countjr within this State $ at which time the Aflemj* bly (hall order a Convention to be called for that purpofe, fpecifying the alterations to be inade, according to the petitions preferred to the Aiiembly by the majority of the counties ;is aforefaid* |:NP of the CONSTITUTIONS. TREATIES V Hii M<3 Th» TH TREi LOUIS, Greeting Nortb-jfmet ftding at P us and our correfponden to conclude merte : W [aid States , itigus tp ac and other go repojing enth zeal and fid hved Conrac CityofStra/i ( 4*» J T R E AT I E S B E T W B E N Hii MOST CHRISTIAN MAJESTY •AND The thirteen UNITED STATES OF AMERICA. TREATY g/* Amity d« in the fame man? ner as they ought to protect and defend the yeiTels belonging fp fhe fubjedts of the Moil Chrjflian ICing* ARTICLE VII. In like manner the faid United States, and their ^ips of war failing iinder their autho- rity, ihall protect and deffend, conformably to the tenbf of the preceding article, all the yef- fels and tfkAs belonging to the fnbjedls of f he Mpft Chriftian King, and ufe a}l their endea- vours to recover, and caufe to be reflored, the faid veffels and t&Gts that (hall have been taken within the jurifd^ion of the faid United States, ot atiy of thein. ARTICLE TRMTY OF AMITY AND COMMERCE. 40^ ARTICLE VIII. The Moft Chriftian King will employ hit good offices and interpofitions with the King or Emperor of Morocco or Fez j the Regencies of Algiers, Tunis artd Tripoly, or with any of them ; and alio with every other Prince, State or Power, of the coaft of Barhary in Africa, gnd the fubjeds of the faid King, Emperor, States and Powers, and each of them, in orlier to provide as fully and cfficacioufly as poflible for the benefit, conveniency and fafety of the faid United States, and each of them, their, fubjedts, people and inhabitants, and their vefTels and effects, againfl all violence, infults, attacks or depredations, on the part of the faid Princes and States pf Barbary, or their fubjedts. A E T I C L E IX. The fubjedls, inhabitants, merchants, com- panders of ihips, maders and mariners of the States, Provinces and Dominions of each party refpediyely, (hall abflain and forbear to fiih id all places poiTefTed, or which ihall be pof- (cffed, by the other party 1 the Moft Chrif- tian King's fubjedls fhall not fiih in the ha- vens, bays, creeks, roads, coafts or^ places which the faid United States hold, or fhall hereafter \kq\d i and in like manne^: the fubjeds, people and 410 TRfeATY OF AMITY AND COMMERCE, and inhabitants of the United States (hall not fi(h in the havens, bays, creeks, roads, coafls or places, which the Mod Chriflian King pof- feifes, or (hall hereafter poiTefs ; and if any ihip or veffel (hall be found fi(hing contrary to the tenor of this treaty, the faid (hip or ▼eflel with its lading, (proof being made there- of ) (hall be confifcated : it aJ however under- ftood, that the exclufion (lipulated in the prefent article (hall take place only fo long and fo fat as the Moft Chriftian King or the United 'States ihall not in this refpedl have granted an exemp- tion to fome other nation. A R T I C L E X. The United States, their citizens and inhabi- tants, (hall never diflurb the fubjedis of the Moft Chriftian King in the enjoyment and ex- ercife of the right of (ifhing on the Banks of Newfoundland, nor in the indefinite and exclu- Rvc right which belongs to them on that part of the coaft of that liland which is defigned by the treaty of Utrecht, nor in the right relative to all and each of the liles which belong to his Moft Chriflian Majefty, the whole conform-^ able to the true fenfe of the treaties of Utrecht and Paris. A R T I* TREATY OF AMITY AND COMMERCE 411 ARTICLE XL The fubjedts ancf inhabitants of the faid United States, or any of them, (hall not be reputed aubains in France, and confequently {hall be exempted from the droit iaubaine^ot other iimilar duty, under what name foever : they may by teftament, donation, or otherwife» difpofe of their goods, moveable and immove- able, in favour of fuch perfons as to them (hall feem good i and their heirs, fubjects of the United States, reliding whether in France or elfewhere, may fucceed them, ab intefti^t without being obliged to obtain letters of na^ turalization, and without having the effect of this concedion contefled or impeded, under pretext of any rights or prerogatives of pro- vinces, cities, or private perfons ; and the faid heirs, whether fuch by particular title, or ab tntejlat, (hall be exempted from the duty called droit de detraction^ or other duty of the fame kind ; faving neverthelefs the local rights or duties, as much and as long as fimilar ones are not eflablifhed by the United States, or any of them. The fubjefts of the Moft Chriftian King (hall enjoy on their part, in all the domi- nions of the faid States, an entire and perfe^ re- ciprocity. 411 TREATY OF AMITY AND COMMERCE. ciprocity, relative to the Aipulations contained ill the preCent article : but it is at the fame time agreed, that its contents fhall not 9ifk& th^ laws made, or that may be made hereafter in France, againft emigrations, which ihall remain in all their force and vigour ; and the United ^tates, on their part, or any of them, ihall be at liberty to ena6t fuch laws, rcl^tbe to that matter, as to them fhall feem proper, ARTICLE XII. The merchant- ftiips of either of the parties, which fhall be making into a port belonging to the enemy of the other ally, and concerning whofe voysige and the fpecies of goods on board her there fhall be juft grounds of fufpicion, /hall be obliged to exhibit, as well upon the high feas as in th@ ports and havens, not only her pafTports, but likewife certificates, exprefsly ihewing that her goods are not of the number of thofe which hs^ve been prohibited gs con» traband. ARTICLE XIII. If, by exhibiting of the above faid certifi- cates, the other party difcover there arc any of thofe forts of goods which are prohibited and declared contraband, and configned for a port TREATY OF AMITY AND COMMEttCE. 413 port under the obedience of his enemy, it (hall hot be lawful to break up the hatches of fuch (hip, or to open any che(t, coffers, packs^ cades, or any other vcfTel found therein, or to remove the fmalleft parcel of her goods', whether fuch (hip belong to the fubjc^ls of France or the inhabitants of the faid United States, unlefs the lading be brought on (hore, in the prefence of the Officers of the Court of Admiralty, and an inventory thereof made . but there (hall be no allowance to fell, ex-^ change, or alienate the fame in any manner, until that after due and lawful procefe (kail have been had againft fuch prohibited good$y and the Court of Admiralty (halU by a ient- tence pronounced, have confifcated the fame, faving always as well the (hip itfelf, as any other goods found therein, which by this Treaty are to be efteemed free; neither may they be detained on pretepce of their being as it were infected 'by the prohibited goods, much le(8 (hall the^ be confifcated as lawful prize. But if not the whole cargo, but only part thereof (haU confid' of prohibited or contraband goods, and the commander of the (hip (hall be ready and willing to deliver thfm to the captor 4H TREATY OF AMITY AND COMMERCE. captor who has difcovered them j in fuch cafe the captor having received thofci goods* (hall forthvtrith difcharge the (hip, and not hinder Why any naeans freely to profecutc the voyage on which ilie was bound. But in cafe the ^contraband merchandizes cannot be all re- ceived on board the ve0el of the captor, then the captor may, notwithftanding the offer of delivering him the contraband goods, carry the veiTel into the neareft port, agree- able to what is above direded. ARTICLE 14- On the contrary, it is agreed, that whatever Ihall be found to be laden by the fubjedts and inhabitants of either party, or any (hip belong- ing to the enemies of the other, or to their iubjedts, the whole, although it be not of the fort of prohibited goods, may be confif- cated in the fame manner as if it belonged to the enemy, except fuch goods and merchan- dize as were put on board fuch {hip before the declaration of war, or even after fuch declaration, if fo be it were done without knowledge of fuch declaration ; fo that the goods of the fubjedts and people of either party, whether TOEATY OF AMITY AI^D COMMERCE. 415 whether they be of the nature of fuch as are prohibited or otherwife, which, as is afore« jfaid, were put on board any (hip belonging to an enemy before the war, or after the decla- ration of the fame, without the knowledge of it, fhall no ways be liable to coniifcation, but ihall well and truly be reftored without delay to the proprietors demanding the fame ; but fo as that if the faid merchandizes be contra- band, it fhall not be any ways lawful to carry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the term of two months being pafTed after the declaration of war, their refpedtive fubjeds, from whatever part of the world they come, (hall not plead the ignorance mentioned in this article. A R T I C L E XV. And that more efFe£lual care may be taken for the fecurity of the fubJeAs and inhabitants of both parties, that they fuffer no injury by the men of war or privateers of the other par- ty, all the commanders of the ihips of his Mod Chriftian Majefly and of the faid United States and all their fubjedts and inhabitants, fhall be forbid 416 TREATY OF AAtlTY AND COMMERCE. forbid doing anylh^tiry or damage to the other fide ; and if they aft to the contrary they fhalf be puni(hedy and {hall nioreover be bound to make fatisfadtlon for all matter of damage, and the interefl tA^reof, by reparation, under thp pain and obligation of their perfons and goods. ART I C L K XVI. ^ All (hips and merchandize of what nature ioever, which (hall be refcued out of the hands jof any pirates or robbers on the high feas, ihaU be brought into fome port of either State^ and (hall be delivered to the cuftody of the officers of that port, in order to be reflored ^tire to the true proprietor, as foon as due an^d fufficient proof ihall be made concerning the property thereof. ARTICLE XVII. It fhall be lawful for the fhips of war of either party, and privateers, freely to carry whither- foever they pleaie the (hips and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty, or any other judges ; nor fhall fuch prizes be arrefted or feized when they come to and enter the port of each party •, nor fhall the fearchers or or other officers of t^ofe j>laces fearch the famCy or; m^\^ ^e^^Hn^tipn : concerning the ; lawful- nefsof'Ai^h pri2|e$; hut they n^y boift faU a( any time« ai>d 4ep&rt» and carry their prizes to . the places qcprefTed in their commiffiona> which thft commanders of fuch (hipa of war (hall be obliged to ihew. On tht Contrary, np' flielter or refuge ihall be given in their ports to i^qh as; fha}( have made prizes qfr the fub^ je<3s, pcpple^ orprppcrty of cither of .the par- ties; hut if fuch fh^ll come in, being forced by ftref^^pf, weather, or the danger of the fea> all proper means Hiall b^ vigoroufiy i^^d, that they go out and retire from thence as foon as poflihlp. .,.. ..-^> ,..1, . . . iigv ARTICLE XVm. : . If any (hip belonging to either of the parties, their people, or fubje^s, fhall within the coafts or d^^iniotis of the other, flick upon the fands, or be wrecked or I'uffer any other damage, all friendly affiftance and relief (hall be given to the pcrfpns ,fhipwrccked, or fuch as fhall be in dangjsr thereof. And letters of fafe-condudfc fliallJUkwyife be given to them for their free an^ (^iiet paiTage from thence, and the return ;Q£eveT)?;9ne to his own country. ^ Ec A R T ^ •ji 4tlTittAtt Of AMITY AK6 CdMMBRGE. ARiric tii= mt: ' In eafe the Aibje^s and inhabkantt of either .jnrty^ with dieir (Kipping, whether public and t>fwdr, or private and of merehants, hfc lorced through ftrefs of weather, porfuitof pirates or enemies, pr toy other urgent neceifity, for ieek* ing of fiielt^ and harboor, tb retreat and enter Jnio ariybfthfe rivers, bays, tttad«, or p6rts be- lofiging to the cifhcr party, th^ (hall be i^ceivcd and treated wii^ all humanity and kindnefs, and enjoy allfHiendly protedlion a(nd help > and they (hall be perltlilted to refre(h and provide them- (elves 4t it^afonibk mes with viauals and all ihings needful for ^e ftiftenance of their per- fons, or reparation of their (hips, and coAveni- ency of their tioyage, and thty (hall no ways be detained br hindered frdm rettirning out of the oth lides/it is agreed, dlat if a war (hould break out between the (aid two nations, iix montli^ after the pirodaiillettroa of iirit fliall be allowed to the irtekhinnts in the cities land * - tOWBS TRS lowiui lug fh anythii doneth thepeoj (hall be No ft applyfo njar^uc privateer of them, habitanti them, o infaabitan or State be at w orinhabi Aem, ap letters of to aft as J Moft Chi property them, fro the Unite( any citizen £. kher :ftnd i)rccd ;ts or icek- enter ccivcd fs,and idthcy them- ftnd all it per- )ttvcni- irays be of the depart eny let itr, ieirce on fiiould |ns, fix lihallbe ies and tow»s TRBATir OF AMITY AND COMMERCE. 419 towns where they live, forfelHiig tndtranfport- itkg llttir goods and merchandizes; and if any thing be taken from theni» or any injury be done them within^that term, by eithri^party, or thepeopkorfubj^s of either, fall faticfai^on flxali bd midcftirthefame: "^^^ ARTICLE xxr: ,r;t Nofubjea Of the MoA ChrUtlan King (hall apply for or take any commilUdh^ or letters of marque for arming any (hip or (hips to a€t as privateers againft the faid United States or any of them, or againft the fubje^a, people, or in* habitants of the faid United States or any of them, or againft the property of any of ihe inhabitants of any of them, from any Prlr^b or State with which the United States (haH be at war; nor (hall any dtii^en, futje^, or inhabitant of the &id United States, or anjrof diem, apply for or take any commiffion or letters of marque for arming any fhip or (hips to a^ as privateers againO: the fubjedts of die Moil: Chriftian King, or any of them, or the property of any of the inhabitants of any of them, from any Prince or State with which the United States (hall be at war ; nor (hall any citizen, fubjed, or inhabitant of the faid £ e 2 United 4ap TREilTY OF AMITY AND COMMERCE. United States, or any of them, apply for or take any coinniiilion orllettera . of marque /or aiiming any (hip or ihips to ad as privateers againft.qtfas fnbjedts of. the MoOl Chriftian King,' or any of tbe^> pr the property of any of them, from any Prince, or .State with, which the faid King (hall be at yr^;, ,and if any perfon pf cither natiq^vihalV take fuch commifTion or .letters of niar<]^ue^4^e (hall be puni(hed as a pirate. >«£«. • ^ qiiif'RX:IrCX,E XXII, . ^|t,J(hall not be lawful for any foreign, priya- }p^rs, no^ belonging to the fubjeds of the Moil 'l^riAian.Kingy nqr citizens of the faid United ^^teS| who have cp^niifTion from any other ^ince or Stat« at enmity , with cither ;iation, ||;;i fit their (hip^ 4i^ the ports of either the one cir the othei: pf thc^ aiorefaid parties, to fell ^hat they haye taken, or in any other manner jilfhatrpever to. exchange their (hips, merchan- dises, or a;^)!^ other lading ;, neither (hall they he. allowed «ven to;purchafe vidlu?is, except inch as (hall .he neceiTary for their going to the next. port of that Prince or State from which they have commiflions. TR] ■ju, ARTICLE fubje^ cjtizer Unitec manne being merchj the pL (hall b King c be law! faid to aforemc liberty and hai or eith( turbanc the ph neutpal ing to an enei didion And it alfo hav ry thin; (hall b< PW« *^ TREATY OF AMITY AND COMMERCE. 4%t ARTICLE XXIII. ** It ihall be lawful for all and lingular the fubje^s of the Mod ChriAian King, and the citizensi people, and inhabitants of the faid United States^ to fail with their (hips with all manner of liberty and fecurity, no diftindtion being made who are the proprietors of the merchandize laden thereon, from any port to the places of thofe who now are or hereafter fhall be at enmity with the Mod Chriflian King or the United States. It (hall likewife be lawful for the fubjedts and inhabitants afore- faid to fail with the (hips and merchandizes aforementioned, and to trade with the fame liberty and fecurity from the places, ports, and haven? of thofe who are enemies of both or either party, without any oppofition or dif- turbance whatfoever, not only diredly from the places of the enemy aforementioned to neutral places, but alfo from one place belong- ing to an enemy to another place belonging to an enemy, whether they be under the jurif- didlon of the fame prince or under feveral. Atid it is hereby (lipulated, that free (hips (hall alfo have a freedom to carry goods, and that eve- ry thing (hall be deemed free and exempt which (hall be found on board the (hips belonging Ee 3 to C^i 4U TREATY OF AMITY AND COMMEW«. to the fubjeds of either of the confederate?, although the whole lading or any part thereof ihould appertain to the enemies of either» contraband goods being always excepted. It is alfo agreed in like manner^ that the fame liberty be extended to perfons who are on board a free (hip, with this effedt, that although they be enemies to both or either party, they are not to be taken out of that free ihip, unlefs they are foldiers and in adiual fervice of the enemies. ARTICLE XXIV. , .This liberty of navigation and commerce diall extend to all kinds of merchandizes, ex- f ept thofe only which are diftinguiihed by the name of contraband; and under this name of contraband or prohibited goods fhall be com- prehended arms, great guns, bombs with their fufes and other things belonging to them, cannon ball, gun- powder, match, pikes fwords, lances, fpears, halberds, mortars, petards, grenadoes, ialt-petre, muikets, muiket- ball, bucklers, helmets, breaft-plates, coats of mail, and the like kinds of arms proper for arming foldiers, muiket refls, belts, horfes with their furniture, and all other warlike inilru- ments whatever, Thefe merchandizes which follow V, TREATY or AMITY AND COMMERCE. 423 follow (hall not be reckoned among contra « band or prohibited goods ; that is tp fay, all forts of clothes* and all other manufa^ures woven of any wool, flax, filk, cotton* or any other materials whatever, all kinds of wearing apparel, together with the fpecies whereof they are ufed to be made, gold and (ilver, as well coined as uncoined, tin, iron, latten, copper, brafs, coals ; as alfo wheat and bar- ley* and any other kind of corn or pulfe* tobacco, and likewife all manner of fpices, falted and fmoaked fle(h, falted ii(h, cheefe and butter, beer, oils, wines, fugars, and all forts of falts, and in general all provifions which ferve for the nourishment of mankind « and the fuftenance of life : furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes^ cables, fails, fail-cloth, anchors, and any parts of anchors, alfp (hips mads, planks, boards and beams of what trees foever, and all other things proper either for building or repairing (hips, and all otber goods what- ever which have not been worked into the form of any inftrument or thing prepared for war by land or fea, (hall not be reputed contraband, much lefs fuch as have been al<- E e 4 ready 424 TREATS OF AMiTV 'AND COMMERGE. rcadjT wrought up for any other ufc ; all of which (hall be wholly reckoned among free goods; as likewife all other merchandizes and things which arc not comprehended and particulariy mentioned in the^ foregoing enu- meration of contraband goods, fo that they may be tranfported and carried in the frecft manner by the fubjeds of both confederates even to places belonging to an enemy, fuch towns or places being only excepted as are at that time beiieged, blocked up or invefled. ARTICLE XXV. To the end that all manner of diflentions and quarrels may be avoided and prevented on one fide and the other, it is agreed, that in cafe either of the parties hereto ihould be engaged in war, the fhips and veflels belonging to the fubjefts or people of the other ally muft be furnifhed with fea letters or paflpprts, expreffing the name, pro» perty and bulk of the (hip, as alfo -the name aqd place of habitation of the mafter or com- mander of the faid ihip, that it may appear thereby that the fhip really and truly belongs to the fubjedls of one of the parties, which paflport fliall be made out and granted ac-» (:ording TREATY OF AMITY AND COMMERCE, ja^ cording to the form annexed to this Treaty; they ihall likewife be recalled every year, that is, if the ihip happens to return home i;vithin the fpace of a year : it is likewife agreed, that fuch (hips being laden are to be provided not only w^ith pafTports as above mentioned, but alfo with certificates, con- taining the fcveral particulars of the cargo, the place whence the ihip failed, and whi- ther (he is bound, that fo it may be known whether any forbidden or contraband goods be on board of the fame, which certificates ihall be made out by the officers of the place whence the fhip fet fail, in the accuflom- ed form ; and if any one {hall think it fit or advifable to exprefs in the faid certificates the perfon to whom the goods pn board belong, he may freely do fo. ARTICLE XXVI. The (hips of the fubjedts and inhabitants of either of the parties coming upon any coaft belonging to either of the faid allies, but riot willing to enter into port, or being entered intg port aqd not willing to unload their cargoes or break bulk, they fhall be treated according to the general rules prefcribed or 426 TREATY O^ AMITY AND COMMERCE. or to be prefcribi^d relative to the objedr 111 ^ueftion. ARTICLE XXVn. If thcihips of the faid fubjcds, people 6t inhabitants of either of the parties (hall be ttret with, either failing along the coafts or on the highf^as, by any (hip of war of the other, o^ by any privateers, the faid (hips of war or privateers, for tli6 avoiding of any diforderi fhall remain out of cannon (hot, and may fend their boats on board the merchant (hip which they (hall fo meet with, and may enter her to the number of two or three men only, to whom the mafter or commander of fuch (hip or veifel (hall exhibit his pa(rport concerning the property of the (hip, made out according to the form infcrted in this prefent Treaty ; and the fliip, when (he (hall have (hewed fuch pa(r- port, (hall be free and at liberty to purfue her voyage, fo as it (hall not be lawful to moleft Or fcarch in any manner, or to give her chacci Or to force her to quit her intended courfe. ARTICLE XXVIir. It is alfo agreed, that all goods, when once put on board the (hips or veflels of either of the two contrading parties, (liall be fubjedl to > no TREATY OF AMITY AN0 eOMMEROSt 49|. no further viiitation» but all yijjtiilioii 0r (s^cb (hall be made befofe-hand, and all ])rohib4ted goods ihall be flopped on,,the fpot fateforc thf fame be put on bpard, unljefs there al« maoifeft tokens or jptooh of fraudulent pradbice ; nor (hall either thfc perfons or goods rf the fubjedi of his Mod ChrifUan Msjefty^or the United States,be put under any arreA or molefted by any other kind of embargo for that caufe^ and only the fubjedt of that State to whom the faid goocb have been or (hall be prohibited, and who fhall pre/u-^ie to fell or alienate fuch fort of goods, (ha)^ cily puniihed for the offence. A R T I C L E XXIX. The two contradiog parties grant mutual- ly the liberty of having each in the ports of the other confuls, vice-confuls, agents and ^ommiiTaries, whofe fundions (hall be regu- lated by a particular agreement. ARTICLE XXX. And the more to favour and facilitate the com- merce which the fubjefts of the United States may have with France, the mofl Chriftian King will grant them in Europe one ot more free ports, where they may bring and difpofe of all the produce and merchandize of the Thir- teen |i8 ttSATY OF *MITY AND GOMMERCR toeii United States r and his Majeily will alfo continue to the fubjefts of the faid States, the fit« ports which have been and are open in the French iflands of America, of all which free ports the faid fubjedts of the United States ihall enjoy the ufe, agreeable to the regula- tions which relate to them. ARTICLE XXXI. ' The prcfent Treaty fhall be ratified on both £dcs, and the ratifications fhall be exchanged in the fpace of fix months, or fooner, if poffi- ble, . In Faith Whereof the refpeftive Plenipo- tentiaries have figned the above articles both in the French and Engliih lan- '^ guages ; declaring, neverthelefs, that the ' prcfent Treaty was originally compofed and *' concluded in the French language, and they have thereto affixed their feals. DONE /?/ Paris, ih's Sixth Day of '^^"Februaty^ One Hhoufand Seven Hundred * and Seventy-Eight, S-(L. S.) C.A. GERARD. ^ (L.8.) B. FRANKLIN. (L.S.) SILAS DEANE, (L.S.) ARTHUR LEE. -ft TREATY OF AMITY ANDi CONMWERCE. 419 Form of the Pafports and Lettets ivbicB are ' to' be given to the Ships aad Barquei accdrd" . ing to the ^sjaenty-Jifih ' ArticU pf thit • : Treaty. ...\ ,... ,. . / ! -.; •;:■ . . ' i,- To all who (hail fee thefe prefents. Greeting/- IT i^ hereby made known, that leave and' .vf,.-'^ . ■ ■■ ■ , • ■ ■ ■ . -.: - ' • ' • •■' ; permiflion has been given to Rafter and commander of the, (hip called of the town of :Tft purthen tons or thereabQuts, lying at prefcnt in the port and haven of and bound for and laden with after that this (hip hais been vilited, and before failing, he (hall ^rrjake oath before the officers vvho have the jurifdidtion pf maritime affairs, that the faid (hip belongs to one or more of the fubjedls of the ad whereof (hall be put at the end of thefe prefents ; as likewife that he will keep and caufe to be kept by his ^crew on board, the marine ordinances and regulations, and enter in the proper of!ice a lift, (igned and witnefTed, containing the names and iirnames, the places of birth and abod^ of the crew of his (hip, and of all who (hall ^3Q TREATY OP ilMITY AND COMMERCE. ^11 embark oii botrd her» whoin he 0iaU not take oaboaid - without the knowledge and permiffionof the Officers of the Marine ; and in every port or haven where he (hall en- ter wifh hi9 0iip> he ihall (hew his preifnt l^ave to the^ Queers and Judges of the ^a- rine; and (hall give a faithful accpu^it to them pf . what palled and was done .during his voyage; and he (hall carry the colours^ arms and en(ign of the King or United States during his' voyage. In witneis whereof wg have (igned thefe preif:nts> and put the feal of our arm^ thereunto, and caufed the fame to be coun- J^g^by at b'uil :?r ' } % ■ ■ - day of rri^i^i ■>'f« Anno ppminji -.vi^M^nst ZIU rj V » ijd oral ..i. iliv? 9C[J TREATY ..■lil ^Jl,: '( 4S» ) If, W '■' * f RE iiVir ci- A L L I A N C E, vaj EVENTUAL and DEFENSIVE. rt*a I^P^y I -§|,^ ^ i'^ Grace of God, King 0/ France • r, and Navarre, -j^^^^ Td ati wlto Aiall fee thefe pirerents, Greeting : fJT^HE (knire/s tf the United Sti^tes of North- Am-. ■■■^,^ rica having hy their Plenipotentiaries refiditig h France^ propofei to form with us a defenfive and eventual allianu: IFillin^ to pve the faid States 09 ifficacious proof of the intereftwe take in their prof' pifritx, we have determined to conclud* the faid 'etlUoHce, For thefe caufes, and other good confideratianf thereto moving^ /Fr, repo/ing entire confidente^ in th$ capacity and experience, zeal and fidelity for our fervice, of our dear and beloved Conrad Alexander Gerard, Royal Syndic of thtCity of Strajheurg, Secre^ tary ef our Council of State, have nominated^ com- tniffioned and deputed, and hy thefe prefents, Jigned with our band, do nominate, commijfton and depute him our Plenipotentiary, giving him power and fpecial command to aff in this quality, and confer^ ne^ociate^ treat and agree conjoint^ with the abovementioned fknipotentiaries of the United Sta(est invejled in the like ( 4^2 .) like manner uitb powers in due form^ to determine^ €on€ludeandJignfucb articles 9 conditions ^eopvtntionsyde' eka^ationsy definitive treaty , and any other aSs v^atever, as be jhall judge proptr to anfunrthi md which we propofe ; promijing on the faith 0n(L.WT^ of ^ King, to agree to, confirm and ejlahlijh for ever, to accom^ pHjb and execute punSfudly, wBatihe^ our fai^-'d^r and beloved Conrad Al6xah(!cf Gerard Jhall have fiipulated and figned in virtue -of thprffent pMuer, without ever contravening it, or fuffering it to he contravened for any eaufe and^^ftder''in^'"^etfxt Whatever ; as Itkewife to caufe 0^ iMtfers^ of ratifica" itoH to he made in due form, and to have them delt" "Vired in order to be exchanged at the time that paH he agreed upon. Fcrfuch is our pleaflire. In teftimoU^ whcreofWe bavefet our fed to thefe prefents, Gitenat Verfaittis, the fhiriieth day of the month fMuary^ inihe year of ^ace one ihottfand feven hundred and feveni;^ eight, and the fuur/h of oitr reign. ^ v ^>^^"t>>» . (L, SO ^ ^ ft) W I ^K 'A«t-.\. % GHAVJER dc VERGENNE& i m ) ^^ THE R Y. THE Mod Chriflian King and the United States of North America, to wit, New- Hamp(hire, Maflachufetts-Bay, Rhode-Ifland* Connedicut, New York, New Jerfcy, Penn. lylvania, Delaware, Maryland, Virginia, North- Carolina, and Georgia, having this day con- cluded a Treaty of Amity and Commerce, for the reciprocal advantage of their fuhje£ts and citizens, have thought it neceflary to take into confideration the means of flrengthening thofe engagements, and of rendering them ufeful to the fafcty and trancjuility of the two parties; particularly in cafe Great Britain, in refentment of that connedlion, and of the good corref- pondence which is the objedt of the faid treaty, {hould break the peace with France, either by direct hoililities, or by hindering her commerce and navigation in a manner contrary to th«; rights of nations, and the peace fubfifting be- tween the two Crowns. And his Majefly and the faid United Statas having refolved in that Ff cafe 43* TREATY(0?;AL)iLIANCE. cafe to join their councils and efforts againd the enterprizes of their, potpmon enemy ; The rcfpe£live Plenipotentiaries inipowcred to co.nYcrt thj^ clau/ips an^i conditions proper to fulfil the faid intentions, have, after the mofl mature dcliberationi concluded and determined on the follpmng articles,rj_ A R T f c j;;fi I. -nilF' vv^Jwflj'^uld break out betmreen France and Creat-Britmn during the continuance of the fore&nit war between the United States and iStoghadr his Maje% and the faid United States Audi malcie it a common caufe, and atd^ach fattier infufaaily with their good officeSi their coniiicilsy a^hsd^thetr ^ces, axxording to the ckigenioe of eonjund-ures, as becc^nes good and jftithfiii oiiiies, :c -tni ; ' ^ •' A R T IC L E H. T^ e-ffbtttial timl diretSl end of the prefent ^•cfenfivt a]lia^c6 is, to' maintain effedually the tjbdrty, fove<«ign abfolute Wid UB^inflitfed, of tl*e faid United States €i« well in'maitep'S of government as of cotmncrce, ARTICLE III. "The two contradting parties fliall, ^ach on 'its ov/n part,* knd in the manner it riiay judge - -^ mod mofi «gair thct TJi either terpr^i may b defii;cd to act circum will pe Jatc fby md kk .time ar aftioni a its comj: tf th< ^nipt tl- Gaining or the lifl jflands, in ^vifh, or ( • «.« TREATY OF ALLIAKCE. ||5 moft proper, make all the dSfbrts in its power ugainfb thetr common enemy, in order to Attain .the end propofed. ARTICLE i;Vw ,,The co.ntrac(jj)g parties agre^» that ii> ca^ cither of them fhould form my particular enf» terprjze in which the concurrence of theqther may be deiired^ the party whofe concuxr.e;,nce is deiir,ed>J[h.all readily .and with good faith joii;i to act in concert for that purpofe, as f^r as circumftances and its own particular fituation will permit ; and in that cafe, they {hall regu- late iby a particular convention, the quantity md kind of i^jccour jto be furnKhed, and th^ tiii^ and maQnier of its being brought into a<£iion> as wel) as the advantages which are to he its compenr^tionk A R T t C L fi V. Iff the United States fliould think fit to at- tempt the redudion of the Britifti power re- maining in the northern parts of America, or the Iflands of Bermudas, thofe countries or iflands, in cafe of fuccefs, fhall be confederated with, or dependent upon, the faid United States. Ff a ARTICLE :^4|6 TREATY OF ALLIANCE. ARTICLE VL The Mofl Chriftian King renounces for ever the pofTcinon of the lilands of Bermudas, m well as of any part of the Continent of North- America, which before the Treaty of Paris, in 1763, or in virtue of that treaty, were acknow- ledged to belong to the Crown of Great-Britain» or to the United States, heretofore called Bri- tiih Colonies, or which are at this time, or have lately been, under the power of the King and Crown of Great-Britain. ARTICLE VIL If his Moft Chriftian Majefty (hall think proper to attack any of the iflands fituated in the Gulph of Mexico, or near that Gulph, which are at prefent under the power of Great- Britain, all the faid ifles, in cafe of fuccefs, ihall appertain to the Crown of France. ARTICLE VIII. Neither of the two parties ihall conclude either truce or peace with Great-Britain, with- out the formal, confent of the other firfl ob- tained ; and they mutually engage not to lay dovfti their arms, until the independence of the United States fhali have been formally or tacitly afTured, TREATY OF ALLIANCE. 437 ajQTuredf by the treat/ or treaties that (hall ter- minate the wan A R T 1 C L E IX. The contracting parties dec^lar^, that being refolved to fulfil each on its pwn part, the claufes and conditions of the preiipnt Treaty of Alliance, according to its own power and cirr cumftances, there (hall be no after-c)«^ n^ of compenfation, on one fide or the other* what^ ever may be the event of the war. A R T I C L E X. ''< The Moft Chriftian King and the United States agree to invite or admit other poWers* who may have received injuries from England, to make common caufe with them, and to accede to the prefent alliance, under fuch con- ditions as (hall be freely agreed to, and fettled between all the parties. - i ARTICLE XI. The two parties guarantee mufually from tht prefent time and for ever, againftall oth^ir powers, to wit, the United States to his Moft Chriilian Majefty, the prefent poffeffions of the Crown of trance iii ^Ameri6^,,as' w^MP ai th<^(e which it may acijmre by th.e fiit^urc treaty of F f 1 ^ peace ; 2 J J 1 T . .-. 4^ fBtfiA-i-t'dF ALttANCfi. ptttt'i'iiii'iiis'MoA ChtiftiMi Majefty ^^ rantccs on his part to the United States, thcit liberty, foverei^lity, send independence, abfolute l^tinAitkitt^i as wdl in matters (sf gt^ii*n- ^nt as cGm^erce, and atfp their po0efllon8» Mid.th6 additibtl^ tif conqu^flfr that iheir confer iddPation may pb tain during, die war^ from any *W the ([knttHlfort^noW orhciretofore poffefftd by ^it-Brt^hole as their ,^oj0e^on {ha\l be fixed and af- Horbd ia theiidid States, at ,fh^ moinient of the ^eiationiof their ip^efent war with England. , •i ' • . ■ • o! In -ordet t6 fl^i^ mor6 precisely the feiife and spplicktibif ofirthe prcc^cng article the con- irdftun^ parties declare^ that in cdXo 0f a rupture between France and England, the( reciprocal guarantee declared in the faid article fhall have ^l]L, \frc^^\.i ^and, if ifiif^b |upture (ha}l ^jr^^ H^^ g)j^^,thejpu^ual o>lig^tiQf)s of the faid Ul^r^tea ihall qoX; conin;eip^e until the poment of the oefTation of. the, prefcht war, between .the United States and Eneland, mall have ftfcertained their pouemons. ARTICLE T\VkYr b)F ''^\hVA¥ti >i\}\"^i:i F I N I S. .ayno'J i t . <>■ ■^~rr» ; : . ... :it> C O M M E R € B B ETWEE 19 THBIfc m. ;u;y|)S High MIGHTINESSES The STATES-GEijEftKL R E AMITY AND i .J •* V j 1 -• ' O P . ij •Jill .^-'/aiT .;;,. rap TJ^l^^i f, .:,.,,,, .,.,.,1 ;^.„|4, U N I T E D N E T H E R i; A't? D^/^i»"i arft I ■ . , , 1, ANP, T I^P UNITED STATES OF AMERICAj t NEW HAMI^SHIRE, MASSACHUSSETTSJ ' kHOfOi ISLAND AND PROVIDENCE Pi.ANXA'^IOiNiJi CONNECTICUT, NEW YORK, NEW. , JJERSEYt PENNSYLVANIA, DELAWARE, MARYL'AND, VIR- GINIA, NORTH CAROLINA, SOUTH CAROLINA, AND GEORGIA. THEIR High Mighdneffes the Srates-GendiiL, of the United Netherlands, and tl>e UiiitelL States of Ameriea, to wit, New Hampfhrre, Maflk- chufetts, Rhode lHand and Providence PliritatiohK Connecticut, New York, New Jerfey, Pennfylyania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, defiring to afcertain^ in a permanent and equitable rnanner, the rules t6 be obferved relative to the commerce and correfpoil-: derxe which they intend to eftablifh between theii* refpedive States, countries and inhabitants, have judged, that the laid end cannot be better obtained, than by eflablilhing the moft perfed; equality and reciprocity for the bafis of their agreement, and by avoiding all thofc burthenlbmc preferences, which arc 444 '''RE AT Y BETWEEN STATES-GENERAL 4fc ufually the fources of debate, embarraffment and* difcontenti by leaving alfo each party at liberty to make, refpedin^ commerce and navigation, fuch ulterior regulations, as it fhall find moft con- veniertt to itfdt; and -by founding the advantages of compierce folely upon reciprocal utility, and the juft rules of free intercourfe; referving withal t^ each party, th^ lib'erty of admitting, at its plc^- fure, other nations to a participation of the fame advantages. ' < , : .On thcfc nr'mciples, , their faid ;High Mighti- fjeffes the States General of the United Nether- lands have named for their plenipotentiaries, from the midft of their aflTembly, Meffieurs their I^eputies for the fpreign affairs ; and the faid United States •f America, on th^ir part, have furniihed with full .powers, MJj. John Adams, late Commifliouer of the United States of America at the court of Vcrfailles, heretofore Delegate in Congrefs from the State of ^iaflachufetts-Bay, and ,Chief Juftice of the faid State, who have agreed and concluded as fol- lows : to wit, A R T I CLE I. There fliall be a firm, inviolable, and univerfal peace and fincere friendftiip between their High Mi^htinelTes the Lords the States General of the tjnited Netherlands and the United States of Amerrca, and between the fubjeds and inhabitants bf the faid parties, and between the countries, iflands, cities, aiid places fituated under the jurif- diftion of the faid United Netherlands and the faid United States of America, their fubjeds and inhabitants of every degree, without exception of jperfpns or places::;:: ; V'^^i;,^ A R T I C L E JI. >ar'rr ''The fubjedsof Hie faid Stales GciKral of the United Netherlands IhtiH pay in the ports, havens; iroads, countries, iflands, cities or places of the xi::" , :M:n3i:. ; • ■■ ■ [^ United AND UNITED STATES OF AMERICA. 441 United States of America, or any of them, no othef nor greater duties or impofts, of whatever nature or denomination they may be, than thofe whicfi the nations the moft favoured are or fhall bci obliged to pay : and they ihall enjoy all the rights, liberties, privileges, immunities and exemptions io trade, navigation, and commerce, which the fai^ nations do, or ihall enjoy, whether in paffing from one port to another in the faid States, or in going from any of thofe ports to any foreign port of th« world, or from any foreign port of the world to any of thofe ports. ARTICLE m. The fubjedts and inhabitants of the faid United States of America Ihall pay in the ports, havens, roads, countries, iilands, cities or places of the faid United Netherlands^ or any of them, no other, nor greater duties or impofts, of whatever nature or denomination they may be, than thofe which the nations the moft favoure'^ are or ihall be obliged to pay : and they ihall enjoy all the rights, liber- ties, privileges, immunities and exemptions in trade, navigation, and commerce, which the faid nations do, or ihall enjoy, whether in paifing from one port to another in the faid States, or from any one towards any one of thofe ports, from or to any foreign port of the world. And the United States of America, with their fubjedts and inhabitants, ihall leave to thofe of their High MightinefTes, the peaceable enjoyment of their rights in the countries, jilands, and feas, in the Eaft and Weft Indies, without any hindrance or moleftation. A R T I C L E IV. There Ihall be an entire and perfeft liberty of confcience allowed to the fubjefts and inhabitants of each party, and to their families : and no one ihall be molefted in regard to his worihip, provided he fub* mits, as to the public demonftration of it, to the laws of 446 TItlDATT' BETWEEN STATES»GENERAL of th^-cogntry. There ftaJI be giFeil moreover libej^ ty, whten any (Ubjc6tj or idiabkants of either party nail €lie in the territory jof the other, to bury them bithe ufwal burying- places, or in decent and conve^ Oaent grounds, to be appointed for that purpofe^ as occaiion &all require. And the dead Ixidies of- thofe who are bvuried, Ihall not in any wife be mo kfted : aad the two concratfting parties ihall proo liide, eafh one in his jurifdidion, that their refj^eco tive fubje^s and inhabitants may heAceforwar-d <^tain the requiiiite certificates, in cafes .of deaths, in which they Ihall be interefted. A R t I C L E V. ^^ Their High Mightineffes the States General of the United Netherlands, and the United States of America, ihall endeavour, by all the means in their powei^, to defend and proteft all veflels and otheif cffefts belonging to their fubjecfts and inhabitants refpeiStivdy, or tb any of them, in their ports, roads, havfcns, internal feas, paffes, rivers, and as far as their jurifdi'5t ion extends at fea; and to recover, and caufe to be refiored to the true proprietors, ifhetr agents, or attornies, all fuch veflels and effedls which ihall be taken under their jurifdidion : arid their veflels of war and convoys, in cafes when tliey may have a common enemy, ihall take under tfceir proteflion all the veffels belonging to the fubjeds and inhabitants of either party, which ihaH not be laden with contraband goods, accor-*" mg to the defcription which ihall be made of them herie- aft6r, for places with .which one of the pairties is in peace and the other at war, nor deflined for any place blocked, and which ihall hold the fame pourfe, or fpljow the fame route : and they ihall de- fend fuch veflels, as long as they iliall hold the fame courfe, or follow the fame route, againft allattacksi force, ?ind violence of the common enemy, in the fam^ manner as they ought to proted and defend ^ ' ■-:■'-- the (he vefleH belppg^ng to their own rerpe^);^^ ufyiby A R T I C L E VI. t The fubjefts of the contrading parties inaf, qjf one lide and on the other, in the refpedtive copntf i^ ^nd {lates, difpofe of their elTeas by teftamen^ donation, or otherwife ; and their heirs^ fubje<^ of one of the parties, and refiding in the country ot the other, or eJfewhere, Ihall receive fuch fuccef? ' fions, even ah inieftato, whether in perfoh or by their attorney, or fubflitute, even althoueh they ihall not have obtained letters of natursdization. without liaving the effed of fuch commiffion routeflea under pretext of any rights or prerogatives of any province, city, or private perfon : and if the heirs^ to whom fuch fucceflions may have fallen, Ihall be minors, the tutors, or curators, ellablilhed by the judge domiciliary, of the faid minors may gov^n, direct, adminifter, fell, and alienate the efifedf fallen to the faid minors by inheritance ; and iij^ general, in relation to the faid fucceflions mci ctfcds, ufc all the rights and fulfil all the fundions which belong, by the dilpofition of the laws, to guardians, tutors, and curators ; provided, neverthe^ leis, that this difp^ fition cannot take place, but ift cafes where the teftator ihall not have named guaTr dians, tutors, curators by teftament, codicil, ot other legal inftrument. ARTICLE Vll. It fhall be lawful and free for the fubjefts of each party to employ fuch advocates, attornies, notaries, folicitors, or fadtors, as they lliall judge proper^ , ARTICLE vni. Merchants, mafters and owners of 'fliips, mari- ners, men of all kinds, fbips and vefi'els, and all «ierchandi3ies and goodsin geperal, and effcds, of one |4tTll£ATY BEtWEEK STATES-GENERAL . one of the confederates, or of the fubjedts thereof^ Ihall not be feizcd or detained in any of the coun- - tries, funds, iAat^ds, cities, places, ports, ihores, or dominions whatfoever of the other confederate^ for kii/ military expedition, public or private ufe of any one, by arrefts, violence, or any colour thereof; much lefs (hall it be permitted to the fubje^s of either party to take, or extort by force, any thing from the fubjefts of the other party, without the confent of the owner; which, however, is not to be underftood of feizures, detentions, and arrefts, which ihall be made by the command and authority of juftice, and by the ordinary methods, on account of debts or crimes, in refpedt whereof the ptoceed- ines muft be by way of law, according to the forms ot juftice. A R T I C L E IX. • It is further agreed and concluded, that it fliall be wholly free for all merchants, commanders of Ihips, and other fubj efts and inhabitants of the con- trafting parties, in every place fubjedted to the jurifdidtion of the two powers refpeftively, to manage, themfelves, their own bufinefs : and more- over, as to the ufe ot interpreters, or brokers, as tlfo in relation to the loading or unloading of their veffels, and every thing which has relation thereto, they Ihall be, on one fide and on the other, con- fidered and treated upon the footing of natural fub- jedts, or, at leaft, upon an equality with the moft favoured nation. A R T I C L E X. The merchant Ihips of either of the parties, com- ing from the port of an enemy, or from their own, or a neutral port, may navigate freely towards any port of an enemy of the other ally. They Ihall, ne- verthelefs, beheld, whenever it fhall be required, to exhibit, as well upon the high feas as in the ports, their fea- letters, and pthcr documents, defcribed in the AND UNITED STATES OF AMERICA. 449 the twenty-fifth article, ftating expreily that their efftSts are not of the number of thofe which are prohibited as contraband. AQd not having any contraband goods for an enemy's port, they may freely and without hindrance purfue their voyage towards the port of an enemy. Neverthelefs, it fliall not be required to examine the papers of veffels convoyed by veflels of war, but credence Ihrill be given to the word of the officer who flxall condud the convoy. A R T I C L E XI. If by exhibiting the fea-letters and other docu- ments defcribed more particularly in the twenty- fifth article of this treaty, the other party ihall dif- cover there are any of thofe forts of goods which are declared prohibited and contraband, and that they are configned for a port under the obedience of his enemy ; it (hall not be lawful to break up the hatches of fuch Ihip, nor to open any cheft, coffer, packs, cafks, or other veffels found therein, or to remove the ftnalleft parcel of her goods, whether the faid veffel belongs to the fubjed:s of their High Mightineffes the States General of the United Netherlands, or to the fubjedts or inhabitants of the faid United States of America, unlefs the lading be brought on fliore in prefence of the officers of the Court of Admiralty, and an inventory thereof made; but there Ihall be no allowance to fell, ex- change or alienate the fame, until after that due and lawful procefs ihall have been had againft fuch prohibited goods of contraband, and the Court of Admiralty, by a fentence pronounced, fhall have confifcated the fame ; faving always as well thefliip itfelf, as any other goods found therein, which are to be efleemed free, and may not be detained on pretence of their being infe'i4-n. tli TREAT V BETWEEN STATES-QENERAL be reftored entire to the true proprietor, as foon as due and fufiiclent proofs ihall be made concerning the property thereof. A k T I C I % XVI. If any ihips or velTels, belonging to either of the parties, their fubjc^s or people, Ihall, within the coafts or dominions of the other, ftick. upon the . fands, or be wrecked, or fuffer any other fea damage, ill friendly affiftance and relief fliall be given to the perfons ihipwrecked, or fuch as Ihall be in dan- .ger thereof; and the veflels, effedls, and merchan- dizes, or the part of them which fliall have been faved, or the proceeds of them, if, being perilhable, they ihall have been fold, being claimed within a year and a day by the matters or owners, or their agents or attornies, Ihall be reftored, paying only the reafonable charges, and that which muft be^paid in the fame cafe for the falvage by the proper fub- jedts of the country. There Ihall alfo be delivered them fafe-^condudis or paflports for their free and fafe pafiage from thence, and to return each one to his own country, ARTICLE XVII. In cafe the fubjedts or people of cither party, with their ihipping, whether public and of war, or private and of merchants, be forced through ftrefs of weather, purfuit of pirates or enemies, or any other urgent neceffity for feeking of Ihelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads, or fliores, be- longing to the other party, they ftiall ue received with all humanity and kindnefs, >;nd enjoy all friendly protedion and help j and they fliall be permitted to refrefli and provide themfelves at rea- lonable rates with victuals, and ak things needful for the fuftcnance of their perfons, or reparation of their Ihips ; and they fliall no ways be detained or hindered from returning out of the faid portsoc roads, - - but AND UNITED STATES OF AMERICA. 451 but fea'y remove and depart, when and whith^^ they pleafe, without any lett or hindrance. A R T I CLE XVIII. For the better promoting of commerije on both (ides, it is agreed, that if a war Ihould break out between their High Mightineflcs the States General of the United Netherlands and the United States of America, there Ihall always be granted to th« fubjeAs on each fide;^ the term of nine rpomh's, after the date of the rupture, or the proclamation of war, to the end that they may retire with their effedts, and tranfport= them where they pleafe ; which it ihall be lawful for them to dpj as well as to iell or tranfport their eflfeifts, and goods jn all free- dom, and without any hindrance, and wfthout being able to proceed, during the faid term of nine inonths, to any arreH of their effedts, much left of their perfons; on the contrary, there fliall be given them, for their veffels and their effeds which they wotild carry away, paffports and fafe-cand^^s for the heareft ports of their refpedtivd- countries, and for the tmie neceffary for the voyage. And no prize, made at fea, ihall be adjudg;fed'' lawful at leaft, if the declaration of war was not, or could not be known in the laH port which the veffel taken has quitted. But for whatever nsmy have been taken from the fubjects and inhabitants of either party, and for the offences which may have been given them in the interval of the faV* terms, a com- f)le^ fatisfadtion ihall be given them. -u: A:R.^TlsjQii,E' ,XIX*:. , .• , , :.•> No fubjedt of their | Netherlands fhad) apply for, or take any commiflJon, of Ifetters of marque,, for arming any ihip or ihips, toalft ad privateers apiinft the faid United States of America, or any of them, or the fubjett^ arid^^inhabitants of the&id^l;Mt«d Sfiattsy 01^ any of theui',' or agaiinfl G g 3 the 4S4 TREATY BETWEEN STATES^ENERAL tlie property of the inhabitants of any of them, from any prince or ftate with which the faid United States of America may happen to be at war : nor ftall any fubjed or inhabitant of the faid United States of America, or any of them, apply for, or take any commiffion, pr letters of marque, for arming any (hip or Ihips, to aft as privateers agsunft the High and Mighty Lords the States General of the United Netherlands, or againft the fubjeds of their High Mightineffcs, or any of them, or againft the property of any one of them, from any prince or ftate with which their High Mightinefles may be at war. And if aiiy perfon of either na« tion ftiall take fuch commiffion^ or letters of marque, he fhall be puniihed as a pirate. . A R T I C L E XX. ; If the veflels of the fubjedts or inhabitants of one of the parties come upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port, and not willing to ufiload th^ir cargoes, or break bu|k, ortake in a^ny cargp, tbey fhall not be obliged to pay neither f6r the velfels, nor the cargoes, any duties of entry in or out, nor to render any account of their car- goes, at leaft if there is not juft caufe to prefume, that they carry to an enemy merchandizes of con- traband. ARTICLE XXI. The two contrafting parties grant to each other, mutually, the 'liberty of having, each in the ports of the other, contfuls, vicc-coiiluls, agents and com-^ miffarics of their own appointing, whofe fundi ns ihall be regvislted by patiicuiar agreements, when- ever either.. p^rty chufcs to make fuch appoint- ments. . 'i^'i^' 1. A R T I C L E XXII. Thiu treaty ihall not be underftood m my man- ner If fhall with with i te: <^ AN© UNITED STATES 6F AM'SiiVM^hfi- ner to derogate from the ninth, tenth, nincteientli ^ and twcnty-fourth articles of the treaty with Frahc^, as they were numbered in the fame treaty con- cluded the 6th of February 1778, and which make tliC articles ninth, tenth, feventeenth, and twenty- fccond of the treaty of commerce now fubfifting between the United States of America jtnd the Crown of France : nor ihall it hinder his Catholic Majefty from acceding to that treaty, and enjoying the advantages of the faid four articles. ARTICLE XXIII. If at any time the United States of America ihall judge neceflary to commence negociations with the king or emperor of Morocco and Fez, and with the regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain paflports for the fecurity of their navigation in the Mediterranean Tea, their High Mightineffes promife, that upon the requilition which the United States of America Ihall make of it, they will fecond fuch negociations in the moft favourable manner, by means of their confuls refiding near the faid king, emperof, and regencies.- ARTICLE XXrV. CONTRABAND. The liberty of navigation and commerce Ihall Extend to all forts of merchandizes, excepting only rhofe which are diftinguiftied under the name of contraband, or merchandizes prohibited : and under this denomination of contraband, and merchandizes prohibited, fhall be comprehended only warlike itores and arms, as mortars, artillery, with their artifices and appurtenances, fufils, piftols, bombs, grenades, gun-powder, faltpetre, fulphur, match, bullets and balls, pikes, fabres, lances, halberts, cafques, cuirafles, and other forts of arms; a$ alfo, icMicrs, horfes, faddles, and furniture fo' G g 4 horf'S, .— - .Jj^wi <•? ' 901 .V5|«emRBATY BETWEEN STATTIS'-OENERAL if^ivtoffw* AH other cffcAs and merchar.dkes, not -T^ Wore fpecified exprefsly, and even all forts of naval matters, however proper they may be for the cotvftru^ioil and equipment of veffels of war, or for the manufacture of . oae or another fort of ma- chines of war, by land or fea, fhall rtot be judged contraband, neither by the letter, nor, accordmg to any pretended interpretation whatever, ought they, or can they be comprehended under the ^notien of effects prohibited or contraband : fo that all effeAs and merchandizes which are not ex- prefsly before named, may, without any exception, at>d in p^rfeifl liberty^ be tranfported by -the fub- jeAs and inhabitants of both allies, from and to places belonging to the enemy ; excepting only, the places, which, at the fame time, ftiall be befieged, blocked or invefted; and thofe places only Ihalj be held for fuch, which are furrounded nearly by Jbme of the belligerent powers. A R T I C L E XXV. To the end that all diflfe-tion and quarrel may be avoided and nrevented^ it has been agreed, that in cafe one of the two parties happens tobe at war, the veflfels belonging to the fubjedts or inhabitants of the other ally Ihall be provided with fea-letrers or pafrports,exprefling the name^the property and the burthen of the veflcl, as alfo the name and the place of abode of the maflier or cooxmandei of the faid veffel ; to the end that thereby it may appear, that tjie yeflel really and truly belongs to fubjects or inhabitants of oiic of the parties; which pafr- ports ihall be drawo and diftributed according to the form annexed tp; this treaty, — ^Each time that th^ veffel ihall retiipn, Ihe fliould have fuch her paffport renewed; or, aX lead, they ought not to be of more ancient jd^te than two years, before the ' veffel has been returned to her own country. It tas bpen alfp agreed, that fuch veffefe, being loaded, )eing ided, JfiTAND UNITED STATES OF AlWEmiCA. 457 loaded, ought to be provided not ortly *fith tfie faid paffports or fca-letters, but alfo with A general paffport, or with particular palTports, or manifeflsy or ochei public doc umcrts, which arc ordinarily given to veffels outward-bound, in tlie ports fro|n whence the veffels have fet fail in the laft. place, containing a fpecification ot the cargo, of the place ^'from whence the veffel departed, and of that pf ^fher deftination ; or, inftead of all thefe, with certi- ficates from the magiftrates, or governors of cities, places, and colonies from whence the veffel capic, given in the ufual form, to the end that if may be known,! whether there are any effeds prohibited or contraband on board the veffels, and whether tiiey 'are deftined to be carried to an enemy's country or not. And m cafe any one judges proper to ex- » ' prefe in. the faid documents, the perfons to whotn the effeiSbs on board belong, he may do it freely, "without, however, being bound to do it; and the ' omiffion of fuch exprefion cannot, and ought npt to caufd a confifcation. ,.\ ■ ■■.■■> ■;> .■ --• '• ■ • ' • . ■ • - AR T I C L E XXVIi ^ If the vefTeh- of ' the faid fubje6:s or iiahabitants ' of either of the parties, failing along the coafts,pr on the high*feas, are met by a veffel of war, or pri-» vare^rr, or other armed veffel of the other pattyvthc faid veffels of war, privateers, or armed veffels, for avoiding all diforder, Ihall remain without tlj/j reach of cannon, but may fend their boats on board the merchant veffels which they ihall meet in thjs ' manner, upon which they may not pafs more than two or three men, to whom the mafter or commander Ihall exhibit his paffport, containing the property of the veffel, according to the form annexed to^this treaty : and the veffel, after having exhibited fuch sipaffport, fea-letter, and other documents, fhall be free to continue her voyage, fo that it fhall not be lawful to moleff her, or fearch her, in any manner, nor .nor to give Jier chuce, nor to force her to alter her f^'- ' Art I c t E xXvii. 1i^ (hall Vf Is^wful for merchants, captains, , and ' ijiimmandjers ofl v^flpls^^whetiej: public and of war, 'of private an^fjfinexj9h(an^,b^^ the fald Upited Stftc^iof, y^meric$,,,<>r s^nyoi them, or to fhdr fubjeds ^nd inhabitants, • to take fri?ely, into their fcivice, and receive on board of their vclTels, ifi any port or place in the jurifdiftion of theicjHigh Mightineifes aforefaid, feamen or others, natives or inhabksnisi.osfi any of the feid Srates, ut>on fvich ccniditions as they Ihall ^gree on, wkho'ut being li^bjeft, for this, to any fine, penalty, punilhment, procefs, or reprehenfion whatfoever. :» And reciprocally, all meirchants, captains, and commanders, belonging to the/ faid United Nether- lands, Ihall enjoy in all the ports and places under the obedience of the faid United States of Ame- irica, the fame privilege of engaging .and rcceivii^g. feamen or others, natives or inhabitants of any country of ' ihc'^domiqitibtT VOf n the laid States peneral •. provided, th^t j^^i^tierrOV' c^ fjde nof the f other, they m^y not take into their fcrvice (uch.9f ^ their countrymen who have already engaged in the I fervice of the other party contracting, whether in ^wat or trade, and whether they meet them by land for fea ; at leift, if the captains or mailers under ?lhe comoiand of whom, fuch perfons riiay be found, *^iivill not of their own confent difcharge ihcm from their fervice, upon paii of being otherwife treated and punilhed as defertcrs. ARTICLE XXVIII. The affair ot the refradion Ihall be regulated in ^aH equity and juflice by the magiftratcs of cities "tefpedively, where it fhall be judged that there \i any room to complain in this reCptif^i ,^_ A R T J. AND UNITED STATES OF AMntACA;' #9^ ARTICLE XXIX. dVff oi '^^m The prcfcnt treaty ihall beratified and appr6^KSl by their High MightinefTes the States General or the United Netherlands, and' by the Unked States^of America ; and the ads of ratification unll be delivered, in good and due form, 6n bne fide^aiiSf on the other,; in the fpaci of fix months, or fooncr,' if poflible, to be computed from th6 daj^ of j^eJ^V •nature. -.' '..t-'^f/.u;"^.- ft? - -> •*. In Faith of which, we the Deputies atid Plenipotentiaries of the Lords the- Stati^ Gf P. VAN BLEISWYK. ' ^", -.i^r ' *> Vr, C. H. VAN LYNDEN. "^^^^^ D. J. VANHEECKEREN^nv7tfir*© JOAN VAN RUFFELER. T. G. VAN DEDEM, (Tot dea GtlAtt^ H. TJASSENS. JOHN ADAMS. ..'U' ■;f ■^♦vi -li (^ TfltlBATY BETWEEN STATIS^GENKRAL arJk FORM of tbi Paffport whUb Jball he given liJo Ships and V^ehy in confequence of the twenty^ l^^(k Artieli of phis Treaty. r f ''?r^ ail wlio ihajl fcfc thefc prcfehts. Greeting : ' BE It known, tliat leave atid perdiiffion ate hereby given to : . mafter or commander. x>i the 4hip,or vefTel called of the burthen of tons, or thereabouts, lying lit prelent in the port or haven of Itduhd for , and laden with to depart an(^ proceed with his faid iliip or veflef on his faid voyage, fuch fhip or vje&l having been vifited, and tRe faid thafter and itonlttfan^^r^havjttjg trtade oath before thfe proper officer, that the faid Ihip or veffel belbn^s to one or ^mor^;5^ '^® Aitjfi^s,.. people^ oc inhabitants pf "''' ' " ' •' ' - \ ^ aftd to him or them only. In witAe6 whereof, we haVe fubfcrlbed our names -liOvtiieic-pf^rfentSj and^N affixed the feal of our arms th^reto^ and caufed the fame to be counter figncd by .A at this # AND UNITED STATES OF AMERICA. 46% 10 th^ ycfir of our Lord '^^>J, C. D. of perfonalljr appeared before us, mA declared by folemn oatih, that the ihip or vtScl called of tons or thereabouts, whereof ,ii of hM prefent mailer or commander, does rightfully uA properly belong to him or them only : that H^Jm. now bound from the city or port of to the port of laden with goodd, imd inerchaQ.d)zes hereunder particularly deferred vA enumerated, as follows : In witnefs whereof we have figned this certifi^ cate, and fealed it with the feal ot our office, this day of the year of our Lord Chrift in 'f-J iiUB ^i-tJ FORM of the Bea-'Utterk\\\m<. . MOST Serene, Serene, Moft Puiffant, Puiffant, High, Illuftrious, Noble, Honourable, Ve- nerable, Wife and Prudent, Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgo-mafters, Schepens, Counfellors, as alfo Judges, Officers, Judiciaries and Regents of all the good cities and places, whether ecclefialtical or Tecular, who ihall fee thefe prefents, or hear them, read. WE, Burgo-mafters and Regents of the city of make known, that the maf- ter of appearing before us, has declared upon oath, that the veffel called of the burthen of about lafts, which he at prefent navigates^ is of the United Provinces, and that no fubjeds ^* 45a TREATY BETWEEN STATES-GENERAL. tike enemy have any part or portion therein, di- rc^ly nor indiredly, fo may God Almighty help Kim. And as \«e wiih to fee the faid ipafter pro fper in his lawful afTaivs, our prayer is to all the beforementloned, and to each of them feparately, where the faid mafter Ihall arrive with his vcflcl And cargo, that they may pleafe to receive the faid ftiafter with goodnefs, and to treat him in a becom- -^ jng manner, permitting him, upon the ufual toll and expences in pafline and repaffing, to pafs, navigate, and frequent the ports, paifes, and terri- tories, to the end to tranfad his bufinefs Wl^ere and in what manner he fhall judge proper: whereof we ihall be willingly indebted. In witnefs and for caufe whereof, we affix hereto the feal of this city. (]n the margin.) By ordinance of the High and Miy^bty Lords the States , General of the United Netherlands* '.n CONVEN. KTn^t •/^^arl-? »» < . . aIqiU ( 4^3 ) '^'^^'^ *^* CONVENTIO NtAW SETWBEM TH B LORDS the STATES-GENERAL or THE UNITED NETHERLANDS ;,. ANDTHE UNITED STATES of AMERICA, CONCERNINO VESSELS RECAPTURED, The Lords the States General of the United Ne- therlands and the United States of America, being inclined to eftabliih fome uniform prin- ciples with relation to prizes made by veffels of war, and commiflioned by the two contrafting pow- ers, upon their common enemies, and to veffels of the fubjeds of either party captured b^' the* enemy, and recaptured by veffels of war com- miffioned by either party, have agreed upon the following articles. ARTICLE I. THE veffels of either of the two nations re-cap- tured by the privateers of the other, (hall be reftored to the firft proprietor, if fuch veffels have not been four-and-twenty hours in the power of the enemy ; provided the owner of the veffel re- captured, pay therefor one-third of the value of the veffel, as alfo of that of the cargo^ the cannons and apparel ; which third Ihall be valued by agree- ment between the parties interefted ; or, if they cannot agree hereon among themfelvcs, they ihall addrefs themfelver IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 UilM 125 |io ■^" MHI ■tt lii 122 iM 12.0 us ^J>- *^ HiolDgraphic Sciences Corporation 23 WEST MAIN STRUT WEBSTER, N.Y. MSSO (716)I72-4S03 4«4 CONVENTION CONCERNING * tbemfehres to the officers of the Admiralty of the place where the privateer who hM retakes the ▼eflfifer^fliiillh^ejconduiftecl^lier./ : C [J , If the yefl^l„ re.captvirf4,has been more than twcRtjr-feur hbvtrs in the power of ^e ehcrtify; ihe Ihall beldng entirely to the privdteer t»hb has re- taken her. -i ' ' In- cafe a veflel fiiall have Seen re-captured by a veffelof war belonging to the States General of tite Uhitedtl^therlanihy be to theUi^d^S^^ America, ihe ihall be reftored to the firft owner, he paying a thirtieth part of the value of the Ihip, hef cargo,, cannons and apparel, if ihe has been re- captured in'^he interval of twenty-four hours, and the tenth part if fttc has been re-captured after the twenty-four hours ; which fums fhall be diftributed> in form of gratifications, to the crews of the veflels Which ihall have retaken her* \ . j,, ^ ^ Tlie ^luation of the, faid thirtieth 'p?ift5^. and tenth ^part^, ihall be xe|a;ulated according to the tenor of the firft article olTthe prefent Convention. A R T I C L E IV. . The reftitution of prizes, whether they may have been retaken by veflels of war or by privateers, in the mean time, and until . reiquifite and fuScient proofs can be gjven of the property of veffels re- captured, ihall be admitted in a reafonable time, under fufficient fureties, for the obfervatipi^ ,0f ;:he tforefaid articles. "^^ * A R T I C L E V. •'The veflels of war and privateers of one and of the other of the two nations Ihall be reciprocally, both in Europe and in the other parts of the world, admitted into the refpedtive ports of each, with their prizes; which may be unlqaded and fold, according to the formalities ufed in the State where the • VESSEW RECAPTUREl^. 4«!S tbe prize fliall have been condii&«d» as far as ma^ be confident with the twenty-fecond article of tlifc Treaty of Cdmmerce : provided always, that the legality of prizes by the veffels of the Low Coun- tries, Ihall be decided conformably ^o the laws and regulations eftabliihed in the tJnited ^Netherlands ^ as likewife, that of prizes made by American vefifels, ihall be judged according to the Urws and regulations determinM by the United States of America. A R T I C L E VI. Moreover, it fliall be free for the States General of the United Netherlands, as well as for the United, s States of America, to make' futh regulations as "^ they ftall judge neceffary, relative to the conduct which their relpetStive veflels and priyiteers^ought ' to hold, in relation to the vdflels which tliey Ifiall' have taken and conduced into the ports of th^ two powers. In Faith of which, we, the Deputies and PleniR^, potentiaries of the Lord3 th^ States Genera) of the tJnited Netherlands, and Minifter iPlenipotentiary of the United States, of Ame- rica, have, in virtue of our refpeftive authorities and full powers, finned thefe / prfcfents, and confirmed the fame with the ieal of our ^tms, iVb^4 DONE ntibe Hague, the Eighth ofOMtr, ohm thoufandfeven hundred and eighty 'iwoU:M6, tm'&i (L. S.) (L. S.) (L. SO (L. S.) (L. S.) (L.S.) . (L.S.) (US») GEORGE VAN RANDWVCK^ ^ ' ' B.V. SANTEUVEL. P. V. BLEISWYK. W. C. H. VAN LYNDEN. D» I. VAN HEECKEREN. JOAN VAIS^ KUFPELER. F. G. VAN DEDEM. (Tot deto Gelder) H. TJASSENS. JOHN ADAMS. Hh i^Mftt-mm' in;: Mawivap ^^ - ., I. ^ I I "!«.*!> ■•W" .VC. ' '\'i* I - . .:,, A'JJTHENTIC 1 C ^n^ir-'M P Y ■ ; -aril t^ o r ,T H E PR aV I S I O N A^t ' A R T I C L E S >^* 'i SIDNED At >ARIS, NOVEMBER 30, 1782, BY THE COMMISSIONERS OF HIS BRITANNICK MAJES- TY AIsTD THE COMMISSIONERS OF THE UNITED STATES OF AMERICA. ARTICLES agreed upon by and between Richard psWAtp, Efq. the Commiflioner of his Bri- tannick Majefty for treating of Peace with the Coftifniflioners of the United States of America in behalf of his faid Majefty on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Com- miflioners of the faid States for treating of Peace with the Commiflioner of his faid Majefty on their behalf on the other part, to be inferted in, and to conftitute a treaty of Peace propofed to be concluded between the Crown of Great Britain and the faid United States ; but which treaty is not to be concluded until terms of Peace Ihall be agreed upon between Great Britain and France ; and his Britannick Majefty ihall be ready to con- clude fuch treaty accordingly. WHEREAS .^kO VISIONAL TREATY. 467 'HEREAiS reciprocd advantages and mu- tual Convenience are found by experience tx) form the ^ily permanent foundation of peace and friendihip between States, it is agreed to form the Articles 6( the propofed Treaty on fuch principles ' 'XJf liberal equity and reciprocity, as that partial advantages j (thofe feeds of difcord) being ex- cluded, fuch a beneficial and fatisfaftory intercourfc between the two countries may be eftablilhed, as to promife and fecure to both perpetual peace and harmony* A R T I C L E I. His Britannick Majefty acknowledges the faid United States, viz. New-Hamplhire, Maffachufett's- Bay, Rhode-Ifland and Providence Plantations, Connecticut, New- York, New-Jerfey, Pennfylva- nia, Delaware, Maryland, Virginia, North-Caro- , lina, South-Carolina, and Georgia, to be Free, So- vereign, and Independent States : that he treats with t'h^itl as fuch ; and for himfelf, his heirs and fucceflbrs, relinquilhes all claim to the government, propriety, and territorial rights of the fame, and tvery part thereof: and that all difputes which might arife in future, on the fubjcifb of the boun- daries of the faid United States may be prevented, it is hereby agreed and declared, that the following are, and Ihall be their boundaries, viz. A R T I C L E II. From the north-weft angle of Nova-Scotia, viz. That angle which is formed by a line drawn due north fiom the fource of St. Croix River to the Highlands, along the faid iflands which divide thofe rivers that empty themfelves into the Kiver St. Law- rence from thofe which fall into the Atlantic Ocean, to the north- weflernmoft head of Connedicut Ki- ver ; thence down along the middle of that river to - the i"orty- fifth degree of north latitude ; from thence H h 2 by 486 PROVISIONAL TREATS. by a line due weft on faid latitude, until it ftril^es the RiveT Iroquois or Gataraquy ; thence along the middle of faid river into Lake Ontario, through the middle of faid Lake, until it ftrikes the cotmnuni- cation by water between that Lake and Lake Eric ; ^ thence along the middle of faid communication into Lake Erie, through the middle of faid Lake, until it arrives at the water communication between that , Xake and Lake Huron ; thence along the middle of . faid. wat<^r. communication between that Lake and Lake Superior ; thence through Lake Superior, northward of the Ifles Royal and Phelipeaux, to the Long Lake ; thence thmugh the middle of faid Long Lake, and the water communication between „k and the Lake of the Woods, to the faid Lake of ^fthe Woods ; thence thro\igh the faid Lake to the ' moft north-weftern point thereof, and from thence on a due weft courfe to the River Mifliffippi ; thence by a line to be drawn along the River Mifliffippi, until it Ihall interfedt the northernmoft part of the thirty-firft degree of north latitude.— South, by a line to be drawn due eaft from the determination of the linelaft mentioned in the latitude of thirty-one rdegrees tibnh of the JEquator, to the middle of the River Apalachicola or Catahouche ; thence along the middle thereof to its junftion with the Flint River ; thence ftrait to the head of St. Maryls Ri- ver, and thence down along the middle of St. Mary's River to the Atlantic Ocean. — Eaft, by a line to be drawn along the middle of the River St. Croix, from its mouth in the Bay of Fundy, to its fource ; and from its fource diredlly north, to the aforefaid Highlands which divide the Rivers that fall into the Atlantic Ocean from thofe which fall into the River St, Lawrence, comprehending all iflands within twenty leagues of any part of the ihores of the United States, and lying between lines to be drawn due eaft from the points where the aforefaid boundaries between Nova-Scotia on the one parr, and im .PROVISIONAL TREATY. 469 and Eaft Florida on the other, fliall refpediveljr toucli the Bay of Fundy and the Atlantic Ocean, excepting fuch illands as now are, or heretofore have been, within the limits of the faid Province of Nova Scotia. ARTICLE IIL .. \ It i^ agreed;, that the people of the United States iftall coi^tinue to enjoy unmolefled the right to take fiih of every kind on the Grand Bank, and on all tlie bthi^r Baivks of Newfoundland, and alfo in the Giiloh of Sfci Lawrence, and at all other places in the lea where the inhabitants of both countries ufed at any time heretofore to fifh. And alfo that the^ inhabitants of the United States (hall have liberty to take fifli of every kind on fuch part of the coaft of Newfoundland as Britifli filhermen Ihall ufe (but not to dry or cure the fame on that iiland), and alfo on the coafts, bays and creeks of all other of his Britannjck Majefty*s' dominions in America; and thac the American filhermen lliall have liberty to dry and cure fifh in any of the unfettled bays, harbours and creeks of Nova Scotia, Magdalen lilands, and Labrador, fo long as the fame fhall re- main unfettled ; but fo foon as the fame, or either of them, ihall be. fettled, it fhall not be lawful for the faid fifhermen to dry or cure fifh at fuch fettlemcnt, without a previous agreement for that purpofe with the inhabitants, proprietors, or pofTefTors of the ground. A R T I C L E IV. It is agreed, that creditors on either fide fliall meet with no lawful impediment to the recovery of the full value in flerling money of all hnd fide debts heretofore contrafted. ;part, and H h A R- 468 PROVUIONAL tIeATV^ ^ R.T I C I. E V. * . It is agreed^ that the Cotigrefsihan earnefttyre-; commend it to the tegiflatures of the tefpe&ive Spates, to provide for the reftitutionof aUliUtes, rights and properties which have been cohfifcatedi belonging to real Britiih fubjeds ; and alfo of the eilates, rights and properties of perfons reiident in diftridts in the pofTeiBon of bis Majefly'f arms^V and who have not borne arms againft th^ faid United ' States : and that perfons of any other defcriptioti fliall have free liberty to go to any payt or W^* o^ any of the Thirteen United States, and flerein tQ remain twelve months unmolefted in their endea- vours to obtain the reflitution of fuch of their eftates, rights and properties as may have been coniifcated. And chat Congrefs ihall alfo earneftly recommend to the feveral States a reconiideration and revifion of all ads or laws regarding the premifes, fo as to render the faid laws or ads perfeftly confiftent, not only with jiiftice and equity, but witb tbat {pirit of conciliation which on the return of the blerahgs of peace ihbuld univerfally prevail. And that Gon- grefs ihall alfo earneftly recommend to the feveral States, that the eftates, rights and properties of fuch laft-mentioned perfons ihall be reftored to theih ; they refunding to any perfons who may be now in poiTeflion the kondfide price (where any has been given) which iuch perfons may have paid on pur^ chaiing any of the faid lands or properties iince the confifcation. And it is agreed, that all perfons who have any intereft in coniifcated lands either by debts,maTriage- fettlements, or otHerwife, ihall meet with no law- ful impediment in the profecution of •heir juft rights. A R T I C L E VI. That there iliall be no future confifcations made, nor any profccutions commenced againft any per-' • ■' fon TWW ^^^BVM^aWfiaOTlMi tf PROVISIONAL iTRfeATT. 471 fonior j)erfoDs for or by reafoi^jpf |he part which he or. t^y may have taken ia the prelent war; and that no perfon (hall on that is^cbunc fuffer any future loTs 4^ damage^ either iif his perfoiii liberty or pro-r pcfty ; and that thofe who ih)ay Mt in confinement on fuch charges at the timb of the ratification of the treaty hi America, fliall be immediately fet at libera ty,. and the profecutions fp comn^enced be dii^ contini;0d. A R T I C L E VII. , There ihall be a firm and perpetual peace be-.^ tween his Britannick Majedy and tne faid States, and between the fubjec^s of the one and the citizens of the other : whciefore all hoftilities both by fea and land fhall then immediately ceafe ; all prisoners on both fides Ihall be fet at liberty ; and his Britannick Majefty Ihall with all convenient fpeed, and with^ put caufing any deftru^ion or carrying away any negroes, or other property of the American inha- titants, withdraw all his armies, garrifons, and fleets from the faid United States, and from every port, place, and harbour within the fame; leaving in all fortifications the American artillery that may be therein: and Ihall alfo order and caufe all ar- chives, records, deeds, and papers belonging to any of the faid States, or their citizens, which in the courfe of the war may have fallen into the hands of his officers, to be forthwith rcflored and deliver- ed to the proper States and perfons to whom they belong. :^>::">i ;.' \ i ' : t^ ••. . :;•- . A.-R TJ..C L.p. yilf. ••• The navigation' of itke MifliiTipi^i/ fjrbmiits fource to the ocean, fliall for ever remain free and open to the fubjedts of Great Britain, and the citizens of the United States. ■■4. ARTICLE 'W .* » ''. n\: ,4> 47t PR O vis WH AL T^l A T Y. In cafe it ihould iWapfteti/thiC^ aay* pine dr territory belonging to dreat Britail, of totnlMnit-i ed Stately ihould m cqil||Dered by the arins ofptller from the other, before the anival of thefe Aiticlet in America ; it it agreedi^^hat the fame ihaUF te^re- fiored withi^ut difficuf^; and Atthout req^ng any compenfanpn. ^ « v Ji DONE at Paris, th Thirtieth ^9/ Novmhh', in the year ont thoufand ftoen buiidrgdandeightj^ ■ f^^rV .,.i^- -C -a I ?■ ?! 51 ^ \ Richard Oswais, (L. $r> JOHM AoAMSy (L. S.) B. Franklin, • (L. S.) John Jay, (L. S.) Henry Lavrsns, (L. S.) Witnefs, Caleb WHiTSPdoRD, Secretary to the Britifh Commiilion. ^W. S. Frani^lin, Secrc.tai:y,Mto,^tlw ^ ^^' American eoirimiffion. -'^ "^'f^ •f FIN IS. ■ O « 4 1 ■> • ■" < ' < • • • • • • • * • ', •' '• ' J « * • ' ' l_ ♦ * , : » .. •• •• >».-^'mi.