tilliliilrilii llliuiiiiitliiii T II E TRUE REPUBLICAN: CONTAINING THE INAUGURAL ADDRESSES, TOGETHER WITH THE FIRST ANNUAL ADDRESSES AND MESSAGES OF ALL THE PRESIDENTS OF THE UNITED STATES, FROM 1789 TO 1845; TOGETHER WITH THEIR FAREWELL ADDRESSES, AND ILLUSTRATED WITH THE PORTRAIT OF EACH OF THE PRESIDENTS. TO WHICH IS ANNEXED THE UKCLARATION OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES, WITH THE AMENDMENTS AND SIGNERS NAMES. ALSO, THE CONSTITUTIONS OF MANY OF THE MOST IMPORTANT STATES IN THE UNION. BY JONATHAN FRENCH. PHILADELPHIA : PUBLISHED BY W. A. LEARY. 1847. 1 30/ 75 [Entered according to Act of Congress, in the year 1841, by D. RICHABDSON, In the Clerk s Office of the District Court of the United States in and for the Eastern District of Pennsylvania.] Printed by JOHN H. GIHON, 113 Chesnut street. CONTENTS. PAGE Declaration of Independence, - 5 Washington s Inaugural Address, 10 Washington s First Annual Address, - 14 Washington s Farewell Address, 17 Adams Inaugural Address, - - - 34 Adams First Annual Message, - 40 Jefferson s Inaugural Address, - - - 46 Jefferson s First Annual Message, 52 Madison s Inaugural Address, - 61 Madison s First Annual Message, 64 Monroe s Inaugural Address, - - - 69 Monroe s First Annual Message, 78 J. Q. Adams Inaugural Address, - - 91 J. Q. Adams First Annual Message, - 99 Jackson s Inaugural Address, - - 134 Jackson s First Annual Message, . 127 Jackson s Farewell Address, - - 155 Van Buren s Inaugural Address, . 178 Van Buren s First Annual Message, - - 188 Harrison s Inaugural Address, - - 220 Tyler s Address, - . 242 Tyler s First Message, - 247 Folk s Inaugural Address, - 263 Constitution of the United States, (APPENDIX.) 5 Constitution of Massachusetts, 21 Constitution of New York, - - - - 57 Constitution of New Jersey, - - - 90 Constitution of Pennsylvania, - 111 Constitution of Virginia, - - 128 Constitution of South Carolina, ... 143 Constitution of Ohio, - - 158 Constitution of Kentucky, - 176 M130118 THE TRUE REPUBLICAN. DECLARATION OF INDEPENDENCE. WHEN, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deri ving their just powers from the consent of the governed; and that, whenever any form of government becomes de structive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments, long established, should not be changed for light and transient causes; and, accordingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right them selves by abolishing the forms to which they are accus tomed. But, when a long train of abuses and usurpa tions, pursuing invariably the same object, evinces a de sign to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the colonies, and such 1* 6 THE TRUE REPUBLICAN. is now the necessity which constrains them to alter their former systems of government. The history of the pre sent king of Great Britain is a history of repeated injuries and usurpations, all having, in direct object, the establish ment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world: He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of imme diate and pressing importance, unless suspended in their operations till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them He has refused to pass other laws for the accommodation of large districts of people, unless those people would re linquish the right of representation in the legislature; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places un usual, uncomfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firmness, his invasions on the righ s of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative pow ers, incapable of annihilation, have returned to the peo ple at large for their exercise ; the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these states ; for that purpose, obstructing the laws of naturali zation of foreigners, refusing to pass others to encourage their migration thither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by re fusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of oilers to harass our people, and eat out their substance. DECLARATION OF INDEPENDENCE. 7 He has kept among us in time of peace, standing ar* mies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined, with others, to subject us to a juris diction foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation. For quartering large bodies of armed troops among us. For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabi tants of these states. For cutting off our trade with all parts of the world. For imposing taxes on us without our consent. For depriving us, in many cases, of the benefit of trial by jury. For transporting us beyond seas to be tried for pre tended offences: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most va luable laws, and altering, fundamentally, the forms of our governments : For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cru elty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves bv their hands 8 THE TRUE REPUBLICAN. He has excited domestic insurrections amongstus, and has endeavored to bring on the inhabitants of our iron- tiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions, \ve have petitioned for redress in the most humble terms. Our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of the attempts by their legislature, to extend an unwar rantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and mag nanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and corres pondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, ac quiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war, in peace, friends. We, therefore, the Representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare that these United Colonies are, and of right ought to be, free and independent States ; that they are absolv ed from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which in dependent States may of right do. And, for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. DECLARATION OF INDEPENDENCE. The foregoing declaration, was, by order of r-ongresa engrossed, and signed by the following members: JOHN HANCOCK. New Hampshire. JOSIAH BARTLETT, WILLIAM WHIPPLE, MATTHEW THORNTON. Massachusetts Buy, SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE, ELBRIDGE GERRY. Rhode Island. STEPHEN HOPKINS, WILLIAM ELLERY. Connecticut. ROGER SHERMAN, SAMUEL HUNTINGTON, WILLIAM WILLIAMS, OLIVER WOLCOTT. New York. WILLIAM FLOYD, PHILIP LIVINGSTON, FRANCIS LEWIS, LEWIS MORRIS. New Jersey. RICHARD STOCKTON, JOHN W T ITHERSPOON, FRANCIS HOPKINSON, JOHN HART, ABRAHAM CLARK. Pennsylvania. ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN MORTON, GEORGE CLYMER, JAMKS SMITH, GEORGE TAYLOR, JAMES WILSON, GEORGE Ross. Delaware. C^SAR RODNEY, GEORGE READ, THOMAS M KEAN. Maryland. SAMUEL CHASE, WILLIAM PACA, THOMAS STONE, CHARLES CARROLL, of Carrollton. Virginia. GEORGE WYTHE, RICHARD HENRY LEE, THOMAS JEFFERSON, BENJAMIN HARRISON, THOMAS NELSON, Jr. FRANCIS LIGHTFOOT LEE CARTER BRAXTON. North Carolina WILLIAM HOOPER, JOSEPH HEWES, JOHN PENN. South Carolina EDWARD RUTLEDGE, THOMAS HEY WARD, Jr. THOMAS LYNCH, Jr. ARTHUR MIDDLETON. Georgia. BUTTON GWINNETT, LYMAN HALL, GEORGE WALTON. 10 THE TRUE REPUBLICAN. WASHINGTON S INAUGURAL ADDRESS, APRIL 30, 1789. Fellow-Citizens of the Senate and House of Representatives : Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and re ceived on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years, a re treat which was ren dered every day more necessary as well as more dear to me by the addition of habit to inclination, and of frequent interruptions in my health, to the gradual waste committed on it by time. On the ether hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with de spondence, one, who, inheriting inferior endowments from nature, and unpractised in the duties of civil administra tion, ought to be peculiarly conscious of his own defi- ciences. In this conflict of emotions, all that I dare aver is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be effected. All I dare hope is, that if in execu ting this task I have been too much swayed by a grateful remembrance of former instances, or by an affectionate sensibility to this transcendent proof of the confidence of my fellow-citizens, and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me, my error will be palliated by the motives which misled me, and its consequences be judged by my country with some share ot the partiality with which they originated. WASHINGTON S INAUGURAL ADDRESS. 1 1 Sucli being the impressions under which I have, in obe dience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to that Almighty Being who rules over the universe who presides in the councils of nations and whose providential aids can supply every human defect, that his benediction may con secrate to the liberties and happiness of the people of the United States- a government instituted by themselves for these essential purposes, and may enable every instrumeni employed in its administration to execute with success the functions allotted to his charge. In tendering this ho mage to the great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large, less than either. No people can be bound to acknow ledge and adore the invisible Hand which conducts the affairs of men, more than the people of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency; and in the impor tant revolution just accomplished in the system of their united government, the tranquil deliberations and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, with out some return of pious gratitude, along with an humble anticipation of the future blessings which the past seems to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. You will join with me, I trust, in think ing that there are none under the influence of which the proceedings of a new and free government can more auspiciously commence. By the article establishing the executive department, tt is made the duty of the President "to recommend to your consideration such measures as he shall judge ne cessary and expedient." The circumstances under which I now meet you will acquit me from entering into that subject farther than to refer to the great constitutional charter under which you are assembled, and which, in 18 THE TRUE REPUBLICAN. defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which aclorn the characters selected to devise and adopt them. In these honorable qualifications I behold the surest pledges that, as on one side, no local prejudices on attachments, no separate views nor party animosities, will misdirectthe comprehensive and equal eye which ought to watch over this great assemblage of communities and interests: so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality; and the pre-eminence of free government be exemplified by all the attributes which can win the affec tions of its citizens, and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for my country can inspire, since there is no truth more thoroughly established than that there exists in the economy and course of nature an in dissoluble union between virtue and happiness, between duty and advantage; between the genuine maxims of an honest and magnanimous policy and the solid rewards of public prosperity and felicity ; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained, and since the preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered as deeply, perhaps as finally staked on the experiment intrusted to the hands of the American people. Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an ex ercise of the occasional -power delegated by the fifth arti cle of the constitution is rendered expedient at the pre sent juncture by the nature of the objections which have been urged against the system, or by the degree of in quietude which has given birth to them. Instead of un dertaking particular recommendations on this subject, in which I could be guided by no lights derived from offi- WASHINGTON S INAUGURAL ADDRESS. 13 cial opportunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good ; for 1 assure myself that while you carefully avoid every alteration which might endanger the benefits of a united and effective government, or which ought to await the future lessons of experience, a reverence for the cha racteristic rights of freemen, and a regard for the pub lic, harmony, will sufficiently influence your deliberations on the question how far the former can be more impreg- nably fortified, or the latter be safely and advantageously promoted. To the preceding observations I have one to add, which will be most properly addressed to the House of Repre sentatives. It concerns myself, and will therefore be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an ar duous struggle for its liberties, the light in which I con templated my duty required that I should renounce every pecuniary compensation. From this resolution I have in no instance departed; and being still under the impres sions which produced it, I must decline, as inapplicable to myself, any share in the personal emoluments which may be indispensably included in a permanent provision for the executive department, and must accordingly pray that the pecuniary estimates for the station in which I am placed, may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require. Having thus imparted to you my sentiments as they have been awakened by the occasion which brings us together, I shall take my present leave, but not without resorting once more to the benign Parent of the human race, in humble supplication that, since he has been pleased to favor the American people with opportunities for deliberating in perfect tranquillity and dispositions for deciding with unparalleled unanimity on a form of govern ment for the security of their union and the advancement of their happiness, so his divine blessing may be equally conspicuous in the enlarged views, the temperate consul tations, and the wise measures on which the success of this government must depend. 2 14 THE TRUE REPUBLICAN. WASHINGTON S FIRST ANNUAL ADDRESS, JANUARY 8, 1790. Fellow- Citizens of the Senate and House of Representatives : I embrace with great satisfaction the opportunity which now presents itself of congratulating you on the present favorable prospects of our public affairs. The recent ac cession of the important state of North Carolina to the constitution of the United States, (of which official in formation has been received,) the rising credit and re spectability of our country, the general and increasing good will towards the government of the Union, and the concord, peace, and plenty, with which we are blessed, are circumstances auspicious, in an eminent degree, to our national prosperity. In resuming your consultations for the general good, you cannot but derive encouragement from the reflection that the measures of the last session have been as satisfac tory to your constituents, as the novelty and difficulty of the work allowed you to hope. Still further to realize their expectations, and to secure the blessings which a gracious Providence has placed within our reach, will, in the course of the present important session, call for the cool and deliberate exertion of your patriotism, firmness, and wisdom. Among the many interesting objects which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for war is one of the most effectual means of preserving peace. A free people ought not only to be armed, but disci plined ; to which end a uniform and well-digested plan is requisite : and their safety and interest require that they should promote such manufactures as tend to render them independent of others for essential, particularly military supplies. The proper establishment of the troops which may be deemed indispensable, will be entitled to mature conside ration. In the arrangements which may be made re specting it, it will be of importance to conciliate the com- WASHINGTON S FIRST ANNUAL ADDRESS. 1.3 fortable support of the officers and soldiers, with a due regard to economy. There was reason to hope that the pacific measures adopted with regard to certain hostile tribes of Indians would have relieved the inhabitants of our southern and western frontiers from their depredations; but you will perceive from the information contained in the papers which I shall direct to be laid before you, (comprehend ing a communication from the commonwealth of Vir ginia,) that we ought to be prepared to afford protection to those parts of the Union, and, if necessary, to punish aggressors. The interests of the United States require that our in tercourse with other nations should be facilitated by such provisions as will enable me to fulfil my duty in that re spect, in the manner which circumstances may render most conducive to the public good, and, to this end, that the compensations to be made to the persons who may be employed should, according to the nature of their appointments, be defined by law; and a competent fund designated for defraying the expenses incident to the con duct of our foreign affairs. Various considerations also render it expedient that the terms on which foreigners may be admitted to the rights of citizens, should be speedily ascertained by a uniform rule of naturalization. Uniformity in the currency, weights and measures of the United States, is an object of great importance, and will, I am persuaded, be duly attended to. The advancement of agriculture, commerce and manu factures, by all proper means, will not, I trust, need re commendation ; but I cannot forbear intimating to you the expediency of giving effectual encouragement, as well to the introduction of new and useful inventions from abroad, as to the exertions of skill and genius in produ cing them at home ; and of facilitating the intercourse between the distant parts of our country by a due atten tion to the post office and post roads. Nor am I less persuaded that you will agree with me in opinion, that there is nothing which can better deserve your patronage than the promotion of science and litera- THK TRUE REPUBLICAN. ture. Knowledge is in every country the surest basis of public happiness. In one in which the measures of go vernment receive their impressions so immediately from the sense of the community as in ours, it is proportiona- bly essential. To the security of a free constitution it contributes in various ways : by convincing those who are intrusted with the public administration, that every valuable end of government is best answered by the en lightened confidence of the people ; and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them ; to dis tinguish between oppression and the necessary exercise of lawful authority ; between burdens proceeding from a disregard to their convenience, and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness, cherishing the first, avoiding the last, and uniting a speedy but tern perate vigilance against encroachments, with an inviola ble respect to the laws. Whether this desirable object will be best promoted by affording aids to seminaries of learning already establish ed; by the institution of a national university; or by any other expedients, will be well worthy of a place in the de liberations of the legislature. Gentlemen of the House of Representatives : I saw with peculiar pleasure, at the close of the last session, the resolution entered into by you, expressive of your opinion that an adequate pro vision for the support of the public credit, is a matter of high importance to the national honor and prosperity. In this sentiment I en tirely concur. And, to a perfect confidence in your best endeavors to devise such a provision as will be truly con sistent with the end, I add an equal reliance on the cheer ful co-operation of the other branch of the legislature. It would be superfluous to specify inducements to a mea sure in which the character and permanent interest of the United States are so obviously and so deeply concerned, and which has received so explicit a sanction from your declaration. 17 Gentlemen of the Senate and tfouse of Representatives : I have directed the proper officers to lay before you, respectively, such papers and estimates as regard the af fairs particularly recommended to your consideration, and necessary to convey to you that information of the state of the Union which it is my duty to afford. The welfare of our country is the great object to which our cares and efforts ought to be directed. And I shall derive great satisfaction from a co-operation with you, in the pleasing, though arduous task of insuring to our fel low-citizens the blessings which they have a right to ex pect from a free, efficient, and equal government. WASHINGTON S FAREWELL ADDRESS, SEPTEMBER 17, 1796. Friends and Fellow- Citizens: The period for a new election of a citizen to adminis ter the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more dis tinct expression of the public voice that I should now apprize you of the resolution I have formed, to decline being considered among the number of those out of whom the choice is to be made. I beg you at the same time to do me the justice to be assured, that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country ; and that in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no di minution of zeal for your future interest ; no deficiency of grateful respect for your past kindness ; but am sup- IS THE TKUE REPUBLICAN. ported by a full conviction that the step is compatible with both. The acceptance of, and continuance hitherto in the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retire ment from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you ; but mature reflection on the then per plexed and critical posture of affairs with foreign nations, and the unanimous advice of persons entitled to my con fidence, impelled me to abandon the idea. I rejoice that the state of your concerns, external, as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety; and am per suaded, whatever partiality may be retained for my ser vices, that in the present circumstances of our country you will not disapprove of my determination to retire. The impressions with which I first undertook the ar duous trust, were explained on the proper occasion. In the discharge of this trust, I will only say that I have, with good intentions, contributed towards the organiza tion and administration of the government the best exer tions of which a very fallible judgment was capable. Not unconscious, in the outset, of the inferiority of my quali fications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to dif fidence of myself; and, every day the increasing weight of years admonishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe, that while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment which is to termi nate the career of my political life, my feelings do not WASHINGTONS FAREWELL ADDlii:.S. 19 permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country for the many honors it has conferred upon me ; still more for the steadfast confidence with which it has supported me : and for the opportunities I have thence enjoyed of mani festing my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these ser vices, let it always be remembered to your praise, and as instructive example in our annals, that under circum stances in which the passions, agitated in every direction, were liable to mislead- amidst appearances sometimes dubious vicissitudes of fortunes often discouraging in situations in which not unfreqnently want of success has countenanced the spirit of criticism the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Pro foundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing wishes, that Heaven may continue to you the choicest tokens of its beneficence that your union and brotherly affection may be perpetual that the free constitution which is the work of your hands may be sacredly maintained that its administration in every department may be stamped with wisdom and virtue that, in fine, the happiness of the people of these states, under the auspices of liberty, may be made complete, by so careful a preservation, and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your so lemn contemplation, and to recommend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your fe licity as a people. These will be offered to you with the more freedom, as you can only see in them the disin terested warnings of a parting friend, who can possibly 20 THE TRITE RKPUELICAX. have no personal motive to bias liis counsel. Nor can I forget, as an encouragement to it, your indulgent recep tion of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every liga ment of our hearts, no recommendation of mine is neces- ssry to fortify or confirm the attachment. The unity of government, which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence ; the support of your tranquillity at home ; your peace abroad ; of your safety ; of your prosperity ; of that very liberty which you so highly prize. But as it is easy to foresee, that from different causes and from different quarters, much pains will be taken, many artifices em ployed, to weaken in your minds the conviction of this truth ; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed ; it is of infinite moment, that you should properly estimate the immense value of your national union to your collective and individual happi ness; that you should cherish a cordial, habitual, and immoveable attachment to it ; accustoming yourselves to think and to spe?,k of it as a palladium of your political safety and prosperity ; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned ; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link toge ther the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice, of a common country, that country has a right to concentrate your af fections. The name of AMERICAN, which belongs to you in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local discriminations. With slight shades of difference you have the same religion, manners, habits, and political principle. You have, in a common cause, fought and WASHINGTON S FAREWKLL ADDHIISS. ~1 triumphed tog-ether ; the independence and liberty you possess, are the work of joint councils and joint efforts of common dangers, sufferings, and success. But these considerations, however powerfully they ad dress themselves to your sensibility, are greatly outweigh ed by those which apply more immediately to your interest. Here every portion of our country finds the most com manding motives for carefully guarding and preserving the union of the whole. The north, in an unrestrained intercourse with the south, protected by the equal laws of a common govern ment, finds in the productions of the latter, great addi tional resources of maritime and commercial enterprise, and precious materials of manufacturing industry. The south, in the same intercourse, benefiting by the same agency of the north, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the north, it finds its particular navigation invigorated and while it contributes in different ways to nourish and increase the general mass of the national na vigation, it looks forward to the protection of a maritime strength, to which itself is unequally adapted. The east, in like intercourse with the west, already finds in the pro gressive improvement of interior communications by land and water, will more and more find a valuable vent for the commodities which it brings from abroad, or manu factures at home. The west, derives from the east sup plies requisite to its growth and comfort and what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indispensable outlets for its own productions, to the weight, influence, and the future maritime strength of the Atlantic side of the Union, di rected by an indissoluble community of interest as one nation. Any other tenure by which the west can hold this essential advantage, whether derived from its own separate strength, or from an apostate and unnatural con nection with any foreign power, must be intrinsically precarious. While, then, every part of our country thus feels an immediate and particular interest in union, all the parts combined cannot {nil to find in the united mass of means 23 THE TRUE REPUBLICAN. and efforts, greater strength, greater resource, proper tionably greater security from external danger, a less frequent interruption of their peace by foreign nations ; and what is of inestimable value, they must derive from union an exemption from those broils and wars between themselves, which so frequently afflict neighboring coun tries, not tied together by the same government, which their own rivalships alone would be sufficient to produce ; but which opposite foreign alliances, attachments, and intrigues, would stimulate and embitter. Hence, like wise, they will avoid the necessity of those overgrown military establishments, which under any form of govern ment are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty. In this sense it is, that, your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear you to the preservation of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the con tinuance of the union as a primary object of patriotic desire. Is there a doubt whether a common government can embrace so large a sphere ? Let experience solve it. To listen to mere speculation in such a case were crimi nal. We are authorized to hope that a proper organiza tion of the whole, with the auxiliary agency of govern ments for the respective subdivisions, will afford a happy issue of the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands. In contemplating the causes which may disturb our union, it occurs as matter of serious concern that any ground should have been furnished for characterizing parties, by geographical discriminations Northern and Southern; Atlantic and Western; whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. <~ne of the expe dients of party to acquire influence within particular districts, is to misrepresent the opinions and aims of other WASHINGTONS FAREWKLL ADDRESS. 23 districts. You cannot shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresentations ; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our western country have lately had a useful lesson on this head. They have seen in the negociation by the executive, and in the unanimous ratification by the senate of the treaty with Spain, and iu the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the general government, and in the Atlantic states, unfriend ly to their interests in regard to the Mississippi. They have been witnesses to the formation of two treaties, that with Great Britain, and that with Spain, which secure to them every thing they could desire, in respect to our for eign relations, toward confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the union by which they were procured ? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren, and connect them with aliens ? To the efficacy and permanency of your union, a government for the whole is indispensable. No alliances, however strict between the parts, can be an adequate substitute; they must inevitably experience the infrac tions and interruptions which alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a constitution of government better calculated than you r former for an intimate union, and for the efficacious management of your common concern. This govern ment, the offspring of your own choice, uninfluenced ana unawed ; adopted upon full investigation and mature de liberation; completely free in its principles; in the dis tribution of its powers, uniting security with energy, and containing within itself provision for its own amend ment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis ol 21 THE TRUE REPUBLICAN. our political system is the right of the people to make and to alter their constitutions of government. Cut the constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sa credly obligatory upon all. The very idea of the power and the right of the people to establish government, pre supposes the duty of every individual to obey the esta- blished government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, coun teract, or awe the regular deliberations and action of the constituted authorities, are destructive of this funda mental principle, and of fatal tendency. They serve to organize faction ; to give it an artificial and extraordinary force ; to put in the place of the delegated will of the nation, the will of party, often a small, but artful and en terprising minority of the community ; and according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans, digested by common counsels, and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and un principled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government; destroying after wards the very engines which have lifted them to unjust dominion. Towards the preservation of your government, and the permanency of your present happy state, it is requisite not only that you steadily discountenance irregular oppo sition to its acknowledged authority, but also that you resist with care the spirit of innovation upon its princi ples, however specious the pretext. One method of assault may be to effect in the forms of the constitution alterations which will impair the energy of the system, and thus to undermine what cannot be directly over- hrown. In all the changes lo which youmay be invited, WASHINGTONS FAREWELL ADDRESS. 25 remember that time and habit are at least as necessary to fix the true character of governments, as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitu tions of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to per petual change, from the endless variety of hypothesis and opinion ; and remember especially, that from the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty, is indis pensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to confine each member of society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the state, with particular reference to the founding of them upon geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our na ture, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissection, which in different ages and countries has per petrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek secu rity and repose in the absolute power of an individual ; and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turn*? 26 TIIK TRUE REPl IJLICAX. this disposition to the purposes of his own elevation on the ruins of the public liberty. Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils, and enfeeble the public administration. It agitates the com munity with ill-founded jealousies and false alarms; kin dles the animosity of one part against another; foments occasional riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself, through the channels of party passion. Thus the policy and will of one country are subjected to the policy and will of another. There is an opinion that parties in free countries are useful checks upon the administration of the government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true ; and in governments of a monarchial cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of popular character, in governments purely elective, it is a spirit not to be encouraged. From the natural ten dency, it is certain there will always be enough of that spirit for every salutary purpose ; and there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking, in a free country, should inspire caution in those intrust ed with its administration, to confine themselves within their respective constitutional spheres; avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to con solidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominate in the human WASHINGTON S FARCWliLI. ADDRESS. 27 heart, is sufficient to satisfy us of the truth of this posi tion. The necessity of reciprocal checks in the exercise of political power, by dividing- and distributing into dif ferent depositories, and constituting each the guardian of the public %v r eal against invasions of the other, has been evinced by experiments, ancient and modern; some of them in our country, and under our own eyes. To pre serve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modifica tion of the constitutional powers be, in any particular wrong, let it be corrected by an amendment in the May in which the constitution designates. But let there be no change by usurpation; for thrugh this, in one instance, may be the instrument of good, it is the customary wea pon by which free governments are destroyed. The pre cedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can at any time yield. Of all the dispositions and habits which lead to politi cal prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pil lars of human happiness these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connection with private and public felicity. Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in courts of justice ? And let us \vith caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclu sion of religious principles. It is substantially true that virtue or morality is a ne cessary spring of popular government. The rule indeed extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric ? 28 THE TRIE REPUBLICAN. Promote, then, as an object of primary importance institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential thatpublic opinion should be enlightened. * As a very important source of strength and security, cherish public credit. One method of preserving it, is to use it as sparingly as possible, avoiding occasions of expense by cultivating peace, but remembering, also, that timely disbursements to prepare for danger, frequently prevent much greater disbursements to repel it; avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars have occasioned, not ungenerously throwing upon pos terity the burdens which we ourselves ought to bear. The execution of these maxims belongs to your representa tives ; but it is necessary that public opinion should co operate. To facilitate to them the performance of their duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be revenue ; that to have revenue there must be taxes ; that no taxes can be devised which are not more or less incon venient and unpleasant ; that the intrinsic embarrassment, inseparable from the selection of the proper objects, (which is always a choice of difficulties,) ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of acqui escence in the measures for obtaining revenue which the public exigencies may at any time dictate. Observe good faith and justice towards all nations; cultivate peace and harmony with all; religion and mo rality enjoin this conduct; and can it be that good policy does not equally enjoin it ? It will be worthy of a free, enlightened, and at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and be nevolence. Who can doubt but that in the course of time and things the fruits of such a plan would richly re pay any temporary advantages which might be lost by a steady adherence to it? Can it be thai Providence has WASHINGTON S FAREWELL ADDRI:?S. 29 connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas ! it is rendered impossible by its vices ! In the execution of such a plan, nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachment for others, should be excluded; and that in the place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or an habitual fondness, is in some degree, a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another, disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occcasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The govern ment sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation sub servient to the projects of hostility, instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes, perhaps, the liberty of na tions has been the victim. So, likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and the wars of the latter, without adequate inducements or justification. It leads, also, to concessions to the favorite nation of privileges denied to others, which are apt doubly to injure the nation making the concessions, by unnecessarily parting with what ought to have been re tained, and by excitino- jealousy, ill will and a di.spo- 3* 30 THE TRUE REPUBLICAN. sitio 11 to retaliate in the parties from whom equal privi. leges are withheld ; and it gives to ambitious, corrupt, or deluded citizens, (who devote themselves to the favorite nation,) facility to betray or sacrifice the interests of their own country without odium, sometimes even with popu larity ; gilding with the appearances of a virtuous sense of obligation to a commendable deference for public opi nion, or a laudable zeal for public good, the base or fool- lish compliances of ambition, corruption, or infatuation. As avenues to foreign influence, in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many oppor tunities do they afford to tamper with domestic factions, to practise the art of seduction, to mislead public opinion, to influence or awe the public councils ! Such an at tachment of a small or weak, towards a great and power ful nation, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial, else it be comes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influ ence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious ; while its tools and dupes usurp the applause and confidence of the people to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have none, or a very remote relation. Hence, she must be engaged in frequent controversies, the causes of which "WASHINGTON S FAREWELL ADDRESS. 3J are essentially foreign to our concerns. Hence, there fore, it must be unwise in us to implicate ourselves by arliiieial ties, in the ordinary vicissitude of her politics, or the ordinary combinations and collisions of her friend ships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one peo ple, under an efficient government, the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon, to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground ? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or ca price ? It is our true policy to steer clear of permanent alli ances with any portion of the foreign world; so far I mean, as we are now at liberty to do it ; for let me not be un derstood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat, therefore, let those engagements be observed in their genuine sense. But in my opinion, it is unnecessary, and would be unwise to extend them. Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even, our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclu sive favors or preferences; consulting the natural course of thing s; diffusing and diversifying by gentle means the 32 THE TRUK REPUBLICAN. stream of commerce, but forcing nothing; establishing with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them, conventional rules of intercourse, the best that present circumstances and natural opinion will permit, but temporary, and liable to be, from time to time, abandoned or varied, as experience and circumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character; that by such acceptance, it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion which experience must cure, which ajust pride ought to discard. In offering to you, my countrymen, these counsels of an old affectionate friend, I dare not hope they will make the strong and lasting impression I could wish that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But if I may even flatter myself that they may be productive of some partial bene fit, some occasional good; that they may now and then recur to moderate the fury of party spirit ; to warn against the mischiefs of foreign intrigue; to guard against the impostures of pretended patriotism; this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. How far in the discharge of my official duties I have been guided by the principles which have been delinea ted, the public records and other evidences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them. In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of Congress, WASHINGTON S FARKWKI.L ADDRESS. 33 the spirit of that measure has continually governed me, uninfluenced by any attempts to deter or clivertme from it. After deliberate examination, with the aids of the best lights I could obtain, I was well satisfied that our coun try, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I determined, as far as should depend upon rne, to maintain it with modera tion, perseverance and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to de tail. I will only observe, that according to my under standing of the matter, that right, so far from being de nied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations. The inducements of interest for observing that con duct, will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavor to gain time to our country, to settle and mature its yet recent institutions, and to progress, without inter ruption, to that degree of strength and constancy, which is necessary to give it, humanely speaking, the command of its own fortune. Though in reviewing the incidents of my administra tion, I am unconscious of intentional error; I am ne vertheless too sensible of my defects not to think it pro bable that I may have committed many errors. What ever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty-five years of my life dedicated to its service, with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. 34 THE TRUE REPUBLICAN . Relying on its kindness in this as in other thing s, and actuated by that fervent love towards it, which is so natu ral to a man who views in it the native soil of himself and his progenitors for several generations ; I anticipate, with pleasing expectation, that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking in the midst of my fellow-citizens, the benign influence of good laws, under a free government; the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors and dangers. ADAMS INAUGURAL ADJDRESS, MARCH 4, 1797. When it was first perceived, in early times, that no middle course for America remained, between unlimited submission to a foreign legislature, and a total indepen dence of its claims, men of reflection were less apprehen sive of danger from the formidable power of fleets and armies they must determine to resist, than from those contests and dissensions which would certainly arise con cerning the forms of government to be instituted over the whole and over the parts of this extensive country. Rely ing, however, on the purity of their intentions, the justice of their cause, and the integrity and intelligence of the people, under an overruling Providence which had so sig nally protected this country from the first, the represen tatives of this nation, then consisting of little more than half its present number, not only broke to pieces the chains which were forging, and the rod of iron that was lifted up, but frankly cut asunder the ties which had bound them, and launched into an ocean of uncertainty. The zeal and ardor of the people, during the revolu tionary war, supplying the place of government, com manded a degree of order, sufficient at least for the tem porary preservation of society. The confederation which ADAMS IXArcURAL ADDKKSS. 3") was early felt to be necessary was prepared from the mo dels of the Batavian and Helvetic confederacies : the only, examples which remain, with any detail and precision in history, and certainly the only ones which the people at large had ever considered. But, reflecting on the striking difference in so many particulars, between this country and those, where a courier may go from the seat of go vernment to the frontier in a single day, it was then cer tainly foreseen by some who assisted in Congress at the formation of it, that it could not be durable. Negligence of its regulations, inattention to its recom mendations, if not disobedience to its authority, not only in individuals, but in states, soon appeared with their mel ancholy consequences; universal languor; jealousies and rivalries of states ; decline of navigation and commerce; discouragement of necessary manufactures ; universal fall in the value of lands and their produce ; contempt of public and private faith; loss of consideration and credit with foreign nations ; and, at length, in discontents, ani mosities, combinations, partial conventions, and insurrec tion, threatening some great national calamity. In this dangerous crisis, the people of America were not abandoned by their usual good sense, presence of mind, resolution, or integrity. Measures were pursued to concert a plan to form a more perfect union, establish justice, insure domestic tranquillity, provide for the com mon defence, promote the general welfare, and secure the blessings of liberty. The public disquisitions, dis cussions and deliberations, issued in the present happy constitution of government. Employed in the service of my country abroad during the whole course of these transactions, I first saw the constitution of the United States in a foreign country. Irritated by no literary altercation, animated by no public debate, heated by no party animosity, I rea d it with great satisfaction, as a result of good heads, prompted by good hearts; as an experiment better adapted to the genius, character, situation, and relations of this nation and country, than any which had ever been proposed or sug gested. In its general principles and great outlines, it 36 IliE TRIE REPUBLICAN. was conformable to such a system of government as I had ever most esteemed, and some states, my own native state in particular, had contributed to establish. Claim ing a right of suffrage, in common with my fellow-citi zens, in the adoption or rejection of a constitution which was to rule me and my posterity, as well as them and theirs, I did not hesitate to express my approbation of it, on all occasions, in public and in private. It was not then, nor has been since, any objection to it, in my mind, that the executive and senate were not more permanent. Nor have I ever entertained a thought of promoting any alteration in it, but such as the people themselves, in the course of their experience, should see and feel to be ne cessary or expedient, and by their Representatives in Con gress and the state legislatures, according to the consti tution itself, adopt and ordain. Returning to the bosom of my country, after a painful separation from it for ten years, I had the honor to be elected to a station under the new order of things, and I have repeatedly laid myself under the most serious obli gations to support the constitution. The operation of it has equalled the most sanguine expectations of its friends ; and, from an habitual attention to it, satisfaction in its administration, and delight in its effects upon the peace, order, prosperity, and happiness of the nation, I have ac quired an habitual attachment to it and veneration for it. What other form of government, indeed, can so well deserve our esteem and love ? There may be little solidity in an ancient idea, that congregations of men into cities and nations are the most pleasing objects in the sight of superior intelligences : but this is very certain, that, toabenevolenthuman mind, there can be no spectacle presented by any nation more pleasing, more noble, majestic, or august, than an as sembly like that which has so often been seen in this and the other chamber of Congress, of a government, in which the executive authority, as well as that of all the branches of the legislature, are exercised by citizens se lected, at regular periods, by their neighbors, to make and execute laws for the general good. Can any thing ADA3IS INAUGURAL ADDRKSS. 37 essential, any thing more than mere ornament and deco ration, be added to this by robes and diamonds? Can authority be more amiable and respectable, when it de scends from accidents, or institutions established in re mote antiquity, than when it springs fresh from the hearts and judgments of an honest and enlightened people ? For it is the people only that are represented: it is their power and majesty that is reflected, and only for their good, in every legitimate government, under whatever form it may appear. The existence of such a govern ment as ours, for any length of time, is a full proof of a general dissemination of knowledge and virtue through out the whole body of the people. And what object or consideration more pleasing than this, can be presented to the human mind? If national pride is ever justifiable, or excusable, it is when it springs, not from power or riches, grandeur or glory, but from conviction of national innocence, information and benevolence. In the midst of these pleasing ideas, we should be un faithful to ourselves, if we should ever lose sight of the danger to our liberties, if any thing partial or extraneous should infect the purity of our free, fair, virtuous, and in dependent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party, through artifice or corruption, the government may be the choice of a party, for its own ends, not of the nation for the national good. If that solitary suffrage can be obtained by foreign nations by flattery or menaces, by fraud or violence, by terror, intrigue, or venality, the government may not be the choice of the American peo ple, but of foreign nations. It may be foreign nations who govern us, and not we, the people, who govern our selves. And candid men will acknowledge, that in such cases, choice would have little advantage to boast of, over lot or chance. Such is the amiable and interesting system of govern ment (and such are some of the abuses to which it may be exposed) which the people of America have exhibited to the admiration and anxiety of the wise and virtuous of all nations for eight years, under the administration of a citizen, who, by a long course of great actions, regulated 4 33 THE TRUE REPUBLICAN. by prudence, justice, temperance, and fortitude, conduct ing a people, inspired with the same virtues, and anima ted with the same ardent patriotism and L.ve of liberty, to independence and peace, to increasing wealth and un exampled prosperity, lias merited the gratitude of his fel low-citizens, commanded the highest praises of foreign nations, and secured immortal glory with posterity. In that retirement which is his voluntary choice, may he long live to enjoy the delicious recollection of his ser vices, the gratitude of mankind, the happy fruits of them to himself and the world, which are daily increasing, and that splendid prospect of the future fortunes of this coun try which is opening from year to year. His name may be still a rampart, and the knowledge that he HVPS, a bul wark against all open or secret enemies of his country s peace. This example has been recommended to the imi tation of his successors by both houses of Congress, and by the voice of the legislatures and the people throughout the nation. On this subject it might become me better to be silent, or to speak with diffidence; but, as something may be ex pected, the occasion, I hope, will be admitted as an apo logy, if I venture to say, That, If a preference, upon principle, of a free republican government, formed upon long and serious reflection, after a diligent and impartial inquiry after truth ; if an attach ment to the constitution of the United States, and a con scientious determination to support it, until it shall be al tered by the judgments and wishes of the people, express ed in the mode prescribed in it; if a respectful attention to the constitutions of the individual states, and a con stant caution and delicacy towards the state governments; if an equal and impartial regard to the rights, interest, honor, and happiness of all the states in the Union, with out preference or regard to a northern or southern, an eastern or western position, their various political opi nions on unessential points, or their personal attachments; if a love of virtuous men of all parties and denomina tions; if a love of science and letters, and a wish to pa tronize every rational effort to encourage schools, col leges, universities, academies, and every institution for pro- ADAMS INAUGURAL ADDKEBS. 3Vf pagating knowledge, virtue, and religion, among all classes of the people, not only for their benign influence on the happiness of life in all its stages and classes, and of society in all its forms, but as the only means of preserv ing our constitution from its natural enemies, the spirit of sophistry, tht j spirit of party, the spirit of intrigue, the profligacy of corruption, and the pestilence of foreign in fluence, which is the angel of destruction to elective go vernments ; if M love of equal laws, of justice, and hu manity in the interior administration; if an inclination to improve agriculture, commerce, and manufactures for ne cessity, convenience, and defence; if a spirit of equity and humanity towards the aboriginal nations of America, and a disposition to meliorate their condition by inclining them to be more friendly to us, and our citizens to be more friendly to them ; if an inflexible determination to maintain peace and inviolable faith with all nations, and that system of neutrality and impartiality among the bel ligerent powers of Europe which has been adopted by this government, and so solemnly sanctioned by both houses of Congress, and applauded by the legislatures of the states and the public opinion, until it shall be other wise ordained by Congress; if a personal esteem for the French nation, formed in a residence of seven years, chiefly among them, and a sincere desire to preserve the friendship which has been so much for the honor and interest of both nations ; if, while the conscious honor and integrity of the people of America, and the internal senti ment of their own power and energies must be preserved, an earnest endeavor to investigate every just cause, and remove every colorable pretence of complaint; if an in tention to pursue by amicable negociation a reparation for the injuries that have been committed on the commerce of our fellow-citizens by whatever nation; and if success cannot be obtained, to lay the facts before the legislature, that they may consider what further measures the honor and interest of the government and its constituents de mand ; if a resolution to do justice, as far as may depend upon me. at all times and to all nations, and maintain peace, friendship, and benevolence with all the world; : fan unshaken confidence in the honor, spirit, and re- 40 THE TRUE REPUBLICAN. sources of the American people, on which I have so often hazarded my all, and never been deceived; if elevated ideas of the high destinies of this country and of my own duties towards it, founded on a knowledge of the moral principles and intellectual improvements of the people, deeply engraven on my mind in early life, and not obscu red, but exalted by experience and age; and, with humble reverence, I feel it to be my duty to add, if a veneration for the religion of a people who profess and call themselves Christians, and a fixed resolution to consider a decent re spect for Christianity among the best recommendations for the public service, can enable me, in any degree to comply with your wishes, it shall be my strenuous endea vor, that this sagacious injunction of :he two houses shall not be without effect. With this great example before me, with the sense and spirit, the faith and honor, the duty and interest, of the same American people, pledged to support the constitu tion of the United States, I entertain no doubt of its con tinuance in all its energy, and my mind is prepared, with out hesitation, to lay myself under the most solemn obli gations to support it to the utmost of my power. And may that Being who is supreme over all, the Pa tron of order, the Fountain of justice, and the Protector, in all ages of the world, of virtuous liberty, continue his blessing upon this nation and its government, and give it all possible success and duration consistent with the ends of his Providence. ADAMS FIRST ANNUAL ADDRESS, NOVEMBER 23, 1797. Gentlemen of the Senate and House of Representatives : I was for some time apprehensive that it would be ne cessary, on account of the contagious sickness which af flicted the city of Philadelphia, to convene the national legislature at some other place. This measure it was ADAMS FIRST ANNUAL ADDRESS. 41 desirable to avoid, because it would occasion much public inconvenience, and a considerable public expense, and add to the calamities of the inhabitants of this city, whose sufferings must have excited the sympathy ol iill iheir fel low-citizens; therefore, after taking measures to ascer tain the state and decline of the sickness, I postponed my determination, having hopes, now happily realized, that, withi ut hazard to the lives of the members, Congress might assemble at this place, where it was by law next to meet. 1 submit, however, lo ynur consideration, whe ther a power to postpone the meeting of Congress, with out passing the time fixed by the constitution, upon such occasions, would not be a useful amendment to the law of one thousand seven hundred and ninety-four. Although I cannot yet. congratulate you on the re-esta blishment of peace in K u rope, and the restoration of se curity to the persons and properties of our citizens from it-justice and violence at sea; we have, nevertheless, abundant cause of gratitude to the Source of benevolence and influence, for interior tranquillity and personal secu rity, for propitious seasons, prospero s agriculture, pro ductive fisheries, and general improvements, and above all, for a rational spirit of civil and religious liberty, and a cairn but steady determination to support our sovereign ty, as well as our moral and religious principles, against all open and secret attacks. Our envoys extraordinary to the French republic em barked, one in July, the other early in August to join their colleague in Holland. I have received intelligence of the arrival of both of them in Holland, from whence they all proceeded on their journey to Paris, within a few days of the 19th of September. Whatever may be the result of this mission, I trust that nothing will have been omitted, on my part, to conduct the negociation to a suc cessful conclusion, on such equitable terms as may be compatible with the safely, honor, and interest of the United States. Nothing, in the mean time, will contri bute so much to the preservation of peace, and the attain ment of justice, as a manifestation of that energy and una nimity, of which, on many former occasions, the people of the United States have given such memorable proofs. 4* 42 TIIK TRUE RKPUDLICAN and the exertion of those resources for national defence which a beneficent Providence has kindly placed within their power. It may be confidently asserted, that nothing has occur red, since the adjournment of Congress, which renders inexpedient those precautionary measures recommended by me to the consideration of the two houses, at the open ing of your late extraordinary session. If that system was then prudent, it is more so now, as increasing depre dations strengthen the reasons for its adoption. Indeed, whatever may be the issue of the negociation with France, and whether the war in Europe is, or is not, to continue, I hold it most certain, that permanent tran quillity and order will not soon be obtained. The state of society lias so long been disturbed, the sense of moral and religious obligations so much weakened, public faith and national honor have, been so impaired, respect to trea ties has been so diminished, and the law of nations has lost so much of its force; while pride, ambition, avarice, and violence, have been so long unrestrained, there re mains no reasonable ground on which to raise an expec tation, that a commerce without protection or defence will not be plundered. The commerce of the United States is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial ; their cities have been formed and exist upon commerce; our agri culture, fisheries, arts, and manufactures, are connected with and depend upon it. In short, commerce has made this country what it is, and it cannot be destroyed or neg lected without involving the people in poverty and dis tress. Great numbers are directly and solely supported by navigation ; the faith of society is pledged for the pre servation of the rights of commercial and seafaring, no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty if I forbore to recommend that we should make every exer tion to protect our commerce, and to place our country in a suitable posture of defence, as the only sure means oi preserving both. ADAU3 FIRST ANNUAL ADDRESS. 43 I have entertained an expectation that it would have been in my power, at the opening of tliis session, to have communicated to you the agreeable information of the due execution of our treaty with his Catholic majesty, re specting the withdrawing of his troops from our territory, and the demarkation of the line of limits ; but, by the latest authentic intelligence, Spanish garrisons were still continued within our country, and the running of the boundary line had not been commenced; these circum stances are the more to be regretted, as they cannot fail to affect the Indians in a manner injurious to the United States. Still, however, indulging the hope that the answers which have bt^en given will remove the objec tions offered by the Spanish officers to the immediate execution of the treaty, I have judged it proper that we should continue in readiness to receive the posts, and to run the line of limits. Further information on this sub ject will be communicated in the course of the session. In connection with this unpleasant state of things on our western frontier, it is proper for me to mention the attempts of foreign agents to alienate the affections of the Indian nations, and to excite them to actual hostili ties against the United States; great activity has been ex erted by those persons who have insinuated themselves among the Indian tribes residing within the territory of the U.iited States, to influence them to transfer their af fections and force to a foreign nation, to form them into a confederacy, and prepare them for a war against the United States. Although measures have been taken to counteract these infractions of our rights, to prevent In dian hostilities, and to preserve entire their attachment to the United States, it is my duty to observe, that, to give a better effect to these measures, and to obviate the con sequences of a repetition of such practices, a law provi ding adequate punishment for such offences may be ne cessary. The commissioners appointed under the fifth article of the treaty of amity, commerce and navigation between the United States and Great Britain, to ascertain the river which was truly intended under the name of the river St. Croix, mentioned in the treaty of peace, met at Passa 44 THE TRUE REPUBLICAN. maquoddy Bay, in October, one thousand seven hundred and ninety-six, and viewed the mouths of the rivers in question, and adjacent shores on the islands; and being of opinion, that actual surveys of both rivers, to their sources, were necessary, gave to the agents ot the two nations instructions for that purpose, and adjourned to meet at Boston, in August. They met; but the surveys requiring more time than had been supposed, and not be ing then completed, the commissioners again adjourned to meet at Providence, in the state of Rhode island, in June next, when we may expect a final examination and decision. The commissioners appointed in pursuance of the sixth article of the treaty, met at Philadelphia, in May last, to examine the claims of British subjects for debts contract ed before the peace, and still remaining due to them from citizens or inhabitants of the United States. Various causes have hitherto prevented any determinations; but the business is now resumed, and doubtless will be prose cuted without interruption. Several decisions on the claims of the citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property, have been made by the com missioners in London, conformably to the seventh arti cle of the treaty. The sums awarded by the commis sioners have been paid by the British government; a con siderable number of other claims, where costs and dama ges, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid. The commissioners appointed, agreeably to the twen ty-first article of our treaty with Spain, met at Philadel phia, in the summer past, to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been ta ken by the subjects of his Catholic majesty, during the late war between Spain and France. Their sittings have been interrupted, but are now resumed. ADAMS FIRST ANNUAL ADDRESS. 45 The United States being obligated to make compensa tion for the losses and damages sustained by British sub jects, upon the award of the commissioners acting under the sixth article of the treaty with Great Britain, and for the losses and damages sustained by British subjects, by reason of the capture of their vessels and merchandise, taken within the limits and jurisdiction of the United States, and brought into their ports, or taken by vessels originally armed in ports of the United States, upon the awards of the commissioners, acting under the seventh ar ticle of the same treaty ; it is necessary that provision be made for fulfilling these obligations. The numerous captures of American vessels by the cruisers of the French republic, and of some of those of Spain, have occasioned considerable expenses in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose, have, in divers instances, been disbursed by the consuls of the United States. By means of the same captures, great numbers of our seamen have been thrown ashore in for eign countries, destitute of all means of subsistence, and the sick, in particular, have been exposed to grievous suf ferings. The consuls have, in these cases also, advanced money for their relief ; for these advances they reasonably expect reimbursements from the United States. The consular act, relative to seamen, requires revision and amendment; the provisions for their support in for eign countries, and for their return, are found to be inade quate and ineffectual. Another provision seems neces sary to be added to the consular act; some foreign vessels have been discovered sailing under the flag of the United States, and with forged papers ; it seldom happens that the consuls can detect this deception, because they have no authority to demand an inspection of the registers and sea-letters. Gentlemen of the House of Representatives : It is my duty to recommend to your serious considera tion those objects, which, by the constitution, are placed particularly within your sphere, the national debts and taxes. 46 THE TRUE REPUBLICAN. Since the decay of the feudal system, by which tbe public defence was provided for chiefly at the expense of individuals, the system of loans has been introduced; and as n;> nation can raise within the year, by taxes, sufficient sums for the defence and military operations in time of war, the sums loaned and debts contracted have necessa rily become the subjects of what have been called fund ing systems. The consequences arising from the contin ual accumulation of public debts in other countries, ought to admonish us to be careful to prevent their growth in our own. The national defence must be provided for, as well as the support of government; but both should be accomplished, as much as possible, by immediate taxes, and as little as possible by loans. The estimates for the service of the ensuing year, will by my direction, be laid before you. Gentlemen of the Senate, and House of Representatives: We are met together at a most interesting period. The situaiions of the principal powers of Europe are singular and portenious. Connected with some by treaties, and with all by commerce, no important event there can be in different to us. Such circumstances call with peculiar importunity, not less for a disposition to unite in all those measures on which the honor, safety, and prosperity of our country depend, than for ail the exertions of wisdom and firmness. In all such measures, you may rely on my zealous and hearty concurrence. JEFFERSON S INAUGURAL ADDRESS, . MARCH 4, 1801. Friends and Fellow-citizens: Called upon to undertake the duties of the first execu tive office of our country, I avail myself of the presence of that portion of my fellow-citizens which is here as- JJEtFIFlE IKS JEFFERSON S INAUGURAL ADDRESS. 47 sembled, to express my grateful thanks for the favor with which they have been pleased to look towards me, to de clare a sincere consciousness that the task is above my talents, and that I approach it with those anxious and aw ful presentiments, which the greatness of the charge, and the weakness of my powers, so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, en gaged in commerce with nations who feel power and for get right, advancing rapidly to destinies beyond the reach of mortal eye; when I contemplate these transcendent objects, and see the honor, the happiness, and the hopes of this beloved country committed to the issue and the auspices of this day, 1 shrink from the contemplation, and humble myself before the magnitude of the undertaking. Utterly indeed should I despair, did not the presence of many whom I here see remind me that, in the other high authorities provided by our constitution, I shall find re sources of wisdom, of virtue, and of zeal, on which to rely under all difficulties. To you, then, gentleman, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encourage ment for that guidance and support which may enable us to steer with safety the vessel in which we are all em barked amid the conflicting elements of a troubled world. During the contest of opinion through which we have pMSsed, the animation of discussion and of exertions has sometimes worn an aspect which might impose on stran gers unused to think freely, and to speak and to write what they think; but this being now decided by the voice of the nation, announced according to the rules of the constitution, all will of course arrange themselves under the will of the law, and unite in common efforts for the common good. All too will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reason able; that the minority possess their equal rights, which equal law must protect, and to violate, would be oppres sion. Let us, then, fellow-citizens, unite with one heart and one mind, let us restore to social intercourse that harmony, and affection, without which liberty, and even life itself, are but dreary things. And let us reflect, that. 49 THE TRUE REPUBLICAN. having banished from our land that religious intolerance? under which mankind so long bled and suffered, we have yet gained little, if we countenance a political intole rance, as despotic, as wicked, and capable of as bitter and bloody persecutions. During the throes and convulsions of the ancient world, during the agonizing spasms of in furiatcd man, seeking through blood and slaughter his long-lost liberty, it was not wonderful that the agitation of the billows should reach even this distant and peaceful shore; that this should be more felt and feared by some, and less by others ; that this should divide opinions as to measures of safety; but every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all repub licans; we are all federalists. If there be any among us who would wish to dissolve this Union, or to change its republican form, let them stand undisturbed as monu ments of the safety with which error of opinion may be tolerated, where reason is left free to combat it. I know indeed that some honest men fear that a republican gov ernment cannot be strong ; that this government is not strong enough. But would the honest patriot, in the full tide of successful experiment, abandon a government which has so far kept us free and firm, on the theoretic and vis ionary fear that this government, the world s best hope, may, by possibility, want energy to preserve itself? I trust not. I believe this, on the contrary, the strongest government on earth. I believe it the only one where every man, at the call of the laws, would fly to the stan dard of the law, and would meet invasions of the public order as his own personal concern. Sometimes it is said that man cannot be trusted with the government of him self. Can he then be trusted witli the government of others; or have we found angels in tLe forms of kings to govern him? Let history answer this question. Let us, then, wiih courage and confidence, pursue our own federal and republican principles, our attachment to our union and representative government. Kindly sepa rated by nature and a wide ocean from the exterminating havoc of one quarter of the globe; too high-minded TO endure the degradations of the others ; possessing a 49 chosen country, with room enough for our descendants to the thousandth and thousandth generation; entertaining a due sense of our equal right to the use of our own fa culties, to the acquisitions of our industry, to honor and confidence from our fellow-citizens, resulting not from birth, but from our actions and their sense of them ; en lightened by a benign religion, professed indeed and practised in various forms, yet all of them including ho nesty, truth, temperance, gratitude, and the love of man, acknowledging and adoring an overruling Providence, which, by all its dispensations, proves that it delights in the happiness of man here, and his greater happiness hereafter ; with all these blessings, what more is neces sary to make us a happy and prosperous people ? Still one thing more, fellow-citizens a wise and frugal govern ment, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pur suits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. About to enter, fellow-citizens, on the exercise of du ties which comprehend every thing dear and valuable to you, it is proper that you should understand what I deem the essential principles of our government, and conse quently those which ought to shape its administration. I will compress them within the narrowest compass they will bear, stating the general principles, but not all its limitations. Equaland exact justice to all men, of what ever state or persuasion, religious or political; peace, com merce, and honest, friendship with all nations, entangling alliances with none ; the support of the state govern ments in all their rights, as the most competent adminis trations forourdomestic concerns, and the surest bulwarks against anti-republican tendencies; the preservation of the general government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people; a mild and safe corrective of abuses, which are opped by the sword of revolution, where peaceable re- are unprovided; absolute acquiescence in the de- 5 50 THE TRUE REPUBLICAN. cisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism; a well-disciplined militia, our best reliance in peace, and for the first mo ments of war, till regulars may relieve them; the suprem acy of the civil over the military authority; economy in the public expense, that labor may be lightly burdened; the honest payment of our debts, and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid ; the diffusion of information, and arraignment of all abuses at the bar of public reason ; freedom of religion ; freedom of the press ; and freedom of person, under the protection of the habeas corpus ; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood of our heroes have been devoted to their attainment: they should be the creed of our political faith ; the text of civil in struction; the touchstone by which to try the services of those we trust; and should we wander from them in mo ments of error or alarm, let us hasten to retrace our steps, and to regain the road which alone leads to peace, liber ty, and safety. I repair, then, fellow-citizens, to the post you have assigned me. With experience enough in subordinate of fices to have seen the difficulties of this, the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation and the favor which bring him into it. With out pretensions to that high confidence you reposed in our first and great revolutionary character, whose pre eminent services had entitled him to the first place in his country s love, and destined for him the fairest pao-e in the volume of faithful history, I ask so much confidence only as may give firmness and effect to the legal admin istration of your affairs. I shall often go wrong through defect of judgment. When right, I shall often he thought wrong by those whose positions will not command a view of the whole ground. I ask your indulgence for my own errors, which will never be intentional; and your sup 51 port against the errors of others, who may condem what they \\ ould not, if seen in all its parts. The approbation implied by your suffrage is a consolation to me for the past ; and mv future solicitude will be, to retain the good opinion of those who have bestowed it in advance, to conciliate that of others by doing them all the good in my power, and to be instrumental to the happiness and free dom of all. Relying, then, on the patronage of your good will, I advance with obedience to the work, ready to relire from it wheneveryou become sensible how much better choice* it is in your power to make. And may that infinite Pow er which rules the destinies of the universe, lead our councils to what is best, and give them a favorable issue for your peace and prosperity. DECEMBER 8, 1801. SIR: The circumstances under which we find our selves at this place rendering inconvenient the mode heretofore practised, of making by personal address the first communication between the legislative and executive branches, I have adopted that by message, as used on all subsequent occasions through the session. In doing this, I have had principal regard to the inconvenience of the legislature, to the economy of their time, to their relief from the embarrassment of immediate answers on subjects not yet fully before them, and to the benefits thence result ing to the public affairs. Trusting that a procedure found ed in these motives will meet their approbation, I beg leave, through you, sir, to communicate the enclosed message, with the documents accompanying it, to the honorable the Senate, and pray you to accept, for your self and them, the homage of my high respect and con sideration THOMAS JEFFERSON. The Hon. the PRESIDENT OF THE SENATE. 52 THE TRUE REPUBLICAN. JEFFERSON S FIRST ANNUAL MESSAGE, DECEMBER 8, 1801. Fellow-citize.ns of the Senate, and House, of Representatives : It is a circumstance of sincere gratification to me that, on meeting the great council of our nation, I am able to announce to them, on grounds of reasonable certainty, that the wars and troubles which have for so many years afflicted our sister-nations, have at length come to an end, and that the communications of peace and commerce are once more opening among them. Whilst we devoutly re turn thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgive ness, we are bound, with peculiar gratitude, to be thank ful to him that our own peace has been preserved through so perilous a season, and ourselves permitted quietly to cultivate the earth, and to practise and improve those arts which tend to increase our comforts. The assurances in deed, of friendly disposition, received from all the powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of irregularities which had af fected the commerce of neutral nations, and of the irrita tions and injuries produced by them, cannot but add to this confidence, and strengthens, at the same time, the hope that wrongs committed on unoffending friends, un der a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past, and new assurances for the future. Among our Indian neighbors, also, a spirit of peace and friendship generally prevails: and I am happy to inform you that the continued efforts to introduce among them the implements and the practice of husbandry and of the household arts, have not been without success ; that they are becoming more and more sensible of the superiority of this dependence for clothing and subsistence, over the precarious resources of hunting and fishing; and already JKFFERSON S FIRST ANNUAL MESSAGE. 53 we are able to announce that, instead of that constant di minution of their numbers, produced by their wars and their wants, some of them begin to experience an increase of population. To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary states, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that power of our sincere desire to remain in peace; but with orders to protect our commerce against the threatened attack. The measure was seasonable and salutary. The Bey had al ready declared war. His cruisers were out. Two had arrived at Gibralter. Our commerce in the Mediterranean was blockaded, and that of the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers, having fallen in with and engaged the small schooner Enterprise, commanded by Lieutenant Sterret, whiith had crone as a tender to our larger vessels, was captured after a heavy slaughter of her men, without the loss of a single one on our part. The bravery exhi bited by our citizens on that element will, I trust, be a testimony to the world that it is not the want of that vir tue which makes us seek their peace, but a conscientious desire to direct the energies of our nation to the multipli cation of the human race, and not to its destruction. Un authorized by the constitution, without the sanction of Congress, to go beyond the line of defence, the vessel, being disabled from committing further hostilities, was liberated with its crew. The legislature will doubtless consider whether, by authorizing measures of offence also, they will place our force on an equal footing with that of its adversaries. I communicate all material infor mation on this subject, that in the exercise of this impor tant function confided by the constitution to the legisla ture exclusively, their judgment may form itself on a knowledge and consideration of every circumstance of weight. 5* 54 THE TRUE REPUBLICAN. I wish I could say that our situation with all the other Barhary states was entirely satisfactory. Discovering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side. From the papers which will be laid before you, you will be enabled to judge whe ther our treaties are regarded by them as fixing at all the measure of their demands, or as guarding from the cxei cise offeree our vessels within their power; and to con sider how far it will be safe and expedient to leave oaraf- fairs with them in their present posture. I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are now to reduce the ensuing ratio of representation and taxation. You will perceive that the increase of num bers, during the last ten years, proceeding in geometrical ratio, promises a duplication in little more than twenty- two years. We contemplate this rapid growth, and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplication of men sus ceptible of happiness, educated in the love of order, ha. biiuated to self-government, and valuing its blessings above all price. Other circumstances, combined with the increase ol numbers, have produced an augmentation of revenue arising from consumption, in a ratio far beyond that oi population alone; and, though the changes of foreign relations now taking place, so desirable for the world, may for a season affect this branch of revenue, yet, weigh ing all probabilities of expense, as well as of income, there is reasonable ground of confidence that we may now safely dispense with all the internal taxes compre hending excise, stamps, auctions, licenses, carriages, and refined sugars; to which the postage on newspapers may be added, to facilitate the progress of information; and that the remaining sources of revenue will be sufficient to provide for the support of government, to pny the inte- JEFFERSON S FIRST ANNUAL MESSAGE. 55 reet of the public debts, and to discharge the principals within shorter periods than the laws of the general expec tation had contemplated. War, indeed, and untoward events, may change this prospect of things, and call for expenses which the imposts could not meet. But sound principles will not justify our taxing the industry of our fellow-citizens to accumulate treasure for wars to happen we know not when, and which mightnotperhaps happen, but from the temptations offered by that treasure. These views, however, of reducing our burdens, are formed on the expectation that a sensible, and, at the same time, a salutary reduction may take place in our ha bitual expenditures. For this purpose, those of the civil government, the army, and navy, will need revisal. When we consider that this government is charged with the external and mutual relations only of these states; that the states themselves have principal care of our per sons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whe ther our organization is not too complicated, too expen sive; whether offices and officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid before you, an essay towards a statement of those who, under public employment of various kinds, draw money from the treasury, or from our citizens. Time has not permitted a perfect enumeration, the ramifications of of fice being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on executive discretion, I have begun the reduction of what was deemed necessary. The expenses of diplomatic agency have been considerably diminished. The inspec tors of internal revenue, who were found to obstruct the accountability of the institution, have been discontinued. Several agencies, created by executive authority, on sala ries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercises to legislative inspection and sanction. Other reformations of the same kind will be pursued with that caution which is requisite, in removing useless things, not to injure^ what is retained. But the ftQ THE TRUE REPUBLICAN. great mass of public offices is established by law, and therefore by law alone can be abolished. Should the le gislature think it expedient to pass this roll in review, and try all its parts by the test of public utility, they may be assured of every aid and light which executive informa tion can yield. Considering the general tendency to mul tiply offices and dependencies, and to increase expense to the .ultimate term of burden which the citizen can bear, it behoves us to avail ourselves of every occasion which pre sents itself for takingoff the surcharge ; that it never may be seen here that, after leaving to labor the smallest por tion of its earnings on which it can subsist, government shall itself consume the whole residue of what it was in stituted to guard. In our care, too, of the public contributions intrusted to our direction, it would be prudent to multiply barriers against their dissipation, by appropriating specific sums to every specific purpose susceptible of definition ; by dis allowing all applications of money varying from the ap propriation in object, or transcending it in amount; by re ducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money ; and by bringing back to a single department all accountabili ties for money, where the examinations may be prompt, efficacious, and uniform. An account of the receipts and expenditures of the last year, as prepared by the Secretary of the Treasury, will, as usual, be laid before you. The success which has at tended the late sales of the public lands shows that, with attention, they may be made an important source of re ceipt. Among the payments, those made in discharge of the principal and interest of the national debt, will show that the public faith has been exactly maintained. To these will be added an estimate of appropriations neces sary for the ensuing year. This last will, of course, be effected by such modifications of the system of expense as you shall think proper to adopt. A statement has been formed by the Secretary of War, on mature consideration, of all the posts and stations where garrisons will be expedient, and of the number of men requisite for each garrison. The whole amount is JEFFERSON S FIRST ANNUAL MESSAGE. 57 considerably short of the present military establishment. For the surplus no particular use can be pointed out. For defence against invasion their number is as nothing; nor is it conceived needful or safe that a standing army should be kept up in time of peace for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point, and competent to oppose them, is the body of neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but, if it threatens to be permanent, to main tain the defence until regulars may be engaged to relieve them. These considerations render it important that we should, at every session, continue to amend the defects which from time to time show themselves in the laws for regulating the militia, until they are sufficiently perfect; nor should we now or at any time separate until we can say we have done every thing for the militia which we could do were an enemy at our door. The provision of military stores on hand will be laid before you, that you may judge of the additions still re quisite. With respect to the extent to which our naval prepara tions should be carried, some difference of opinion may be expected to appear; but just attention to the circum stances of every part of the Union will doubtless recon cile all. A small force will probably continue to be want ed for actual service in the Mediterranean. Whatever an nual sum beyond that you may think proper to appro priate for naval preparations, would perhaps be better employed in providing those articles which may be kept without waste or consumption, and be in readiness when any exigency calls them into use. Progress has been made, as will appear by papers now communicated, in providing materials for seventy-four gun ships as directed by law. How far the authority given by the legislature for pro curing and establishing sites for naval purposes has been perfectly understood and pursued in the execution, admits 58 THE TRUE REPUBLICAN. of some doubt. A statement of the expenses already in curred on that subject is now laid before you. I have, in certain cases, suspended or slackened these expenditures, that the legislature might determine whether so many yards are necessary as have been contemplated. The works at this place are among those permitted to go on ; and h ve of the seven frigates directed to be laid up, have been brought and laid up here, where, besides the safety of their position, they are und^r the eye of the executive administration, as well as of its agents, and where your selves also will be guided by your own view in the legis lative provisions respecting them which may from time to time be necessary. They are preserved in such condi tion, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short war.iing. Two others are yet to be laid up so soon as they shall have re ceived the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the executive, will be a more proper subject for legisla tion. A communication will also be made of our pro gress in the execution of the law respecting the vessels directed to be sold. Tho fortifications of our harbors, more or less ad vanced, present considerations of great difficulty. While some of them are on a scale sufficiently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so much in their first erection, so much in their maintenance, and require such a force to garrison them, as to make it questionable what is best now to be done. A statement of those commenced or projected, of the expenses already incurred, and esti mates of their future cost, so far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any attention is necessary in the laws respecting this subject. Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be JEFFERSON S FIRST ANNUAL MESSAGE. 59 seasonably interposed. If, in the course of your observa tions or inquiries, they should appear to need any aid within the limits of our constitutional powers, your sense of their importance is a sufficient assurance they will oc cupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our car rying trade will soon be placed. How far it can be re lieved, otherwise than by time, is a subject of important consideration. The judiciary system of the United States, and espe cially that portion of it recently erected, will of course present itself to the contemplation of Congress ; and that they may be able to juJge of the proportion which the institution bears to the business it has to perform, I have caused to be procured from the several states, and now lay before Congress, an exact statement of all the causes decided since the first establishment of the courts, and of those which were depending when additional courts and judges were brought in to their aid. And while on the judiciary organization, it will be worthy your consideration, whether the protection of the inestimable institution of juries has been extended to all the cases involving the security of our persons and pro perty. Their impartial selection also being essential to their value, we ought further to consider whether that is sufficiently secured in those states where they are named by a marshal depending on executive will, or designated by the court, or by officers dependent on them. I cannot omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years, is a denial to a great propor tion of those who ask it; and controls a policy pursued, from their first settlement, by many of these states, and still believed of consequence to their prosperity. And shall we refuse the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land ? Shall oppressed hu manity find no asylum on this globe? The constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required 60 THE TRUE IlEl UBLICAX. sufficient to develope character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bona fide purpose of embarking his life and fortunes permanently with us ? with restrictions, perhaps, to guard against frau dulent usurpation of our flag ; an abuse which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it. These, fellow-citizens, are the matters respecting the state of the nation which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communica tion, will be the subject of separate messages. I am hap py in this opportunity of committing the arduous affairs of our government to the collected wisdom of the Union. Nothing shall be wanting on my part, to inform, as far as in my power, the legislative judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion ; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and will. That all should be satisfied with any one order of things is not to be ex pected ; but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and state governments in their con stitutional form and equilibrium ; to maintain peace abroad, and order and obedience to the laws at home ; to establish principles and practices of administration favor able to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of government. 01 MADISON S INAUGURAL ADDRESS, MARCH 4, 1809. Unwilling to depart from examples of the most revered authority, 1 avail myself ot the occasion now presented, to express the profound impression made on me by the call of my country to the station, to the duties of which I am about to pledge myself by the most solemn of sanc tions. So distinguished a mark of confidence, proceed ing from the deliberate and tranquil suffrage of a free and virtuous nation, would, under any circumstances, have commanded my gratitude and devoiion, as well as filled me with an awful sense of the trust to be assumed. Un der the various circumstances which give peculiar solem nity to the existing period, I feel that both the honor and the responsibility allotted to me are inexpressibly en hanced. The present situation of the world is indeed without a parallel; and that of our own country full of difficulties. The pressure of these too is the more severely felt, be cause they have fallen upon us at a moment when the na tional prosperity being at a height not before attained, the contrast resulting from the change has been rendered the more striking. Under the benign influence of our republican institutions, and the maintenance of peace with all nations, whilst so many of them were engaged in bloody and wasteful wars, the fiuits of a just policy were enjoyed in an unrivalled growth of our faculties and re sources. Proofs of this were seen in the improvements of agriculture ; in the successful enterprises of commerce ; in the progress of manufactures and useful arts ; in tho increase of the public revenue, and the use made of it in reducing the public debt ; and in the valuable works and establishments every where multiplying over the face of our land. It is a precious reflection that the transition from this prosperous condition of our country, to the scene which hos for some time been distressing us, is not chargeable on any unwarrantable views, nor, as I trust, on any invol- 62 THE TRUE REPUBLICAN. im tary errors in the public councils. Indulging no pas- sions which tresspass on the rights or repose of other na tions, it has been the true glory of the United States to cultivate peace by observing justice ; and to entitle them selves to the respect of the nations at war, by fulfilling their neutral obligations with the most scrupulous impar tiality. If there be candor in the world, the truth of these assertions will notbe questioned; posterity, at least, will do justice to them. This unexceptionaWe course could not avail against the injustice and violence of the belligerent powers. In their rage against each other, or impelled by more direct motives, principles of retaliation have been introduced, equally contrary to universal reason and acknowledged law. How long their arbitrary edicts will be continued, in spite of the demonstrations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt to induce a revocation of them, can not be anticipated. Assuring myself that, under every vicissitude, the determined spirit and united councils of the nation will be safeguards to its honor and its essential interests, I repair to the post assigned me with no olher discouragement than what springs from my own inade quacy to its high duties. If I do not sink under the weight of this deep conviction, it is because I find some support in a consciousness of the purposes, and a confi dence in the principles, which I bring with me into this arduous service. To cherish peace and friendly intercourse with all na tions having corresponding dispositions ; to maintain sin cere neutrality towards belligerent nations; to prefer in all cases amicable discussion and reasonable accommoda tion of differences to a decision of them by an appeal to arms ; to exclude foreign intrigues and foreign partiali ties, so degrading to all countries, and so baneful to free ones; to foster a spirit of independence, too just to in vade the rights of others, too proud to surrender our own, too liberal to indulge unworthy prejudices ourselves, and too elevated not to look down upon them in others ; to hold the union of the states as the basis of their peace and happiness ; to support the constitution, which is the MADISON S INAUGURAL ADDRESS. 63 cement of the Union, as well in its limitations as in its authorities ; to respect the rights and authorities reserved to the states and to the people, as equally incorporated with, and essential to the success of, the general system; to avoid the slightest interference with the rights of con science or the functions of religion, so wisely exempted from civil jurisdiction; to preserve in their full energy, the other salutary provisions in behalf of private and per sonal rights, and of the freedom of the press; to observe economy in public expenditures; to liberate the public resources by an honorable discharge of the public debts; to keep within the requisite limits a standing military force, always remembering that an armed and trained militia is the firmest bulwark of republics that without standing armies their liberty can i ever be in danger, nor with large ones safe; to promote, by authorized means, improvements friendly to agriculture, to manufactures, and to external as well as internal commerce; to favor, in like manner, the advancement of science and the diffu sion of information as the best aliment to true liberty; to carry on the benevolent plans which have been so merito riously applied to the conversion of our aboriginal neigh bors from the degradation and wretchedness of savage life, to a participation of the improvements of which the human mind and manners are susceptible in a civilized state : as far as sentiments and intentions such as these can aid the fulfilment of my duty, they will be a resource which cannot fail me. It is my good fortune, moreover, to have the path in which I am to tread, lighted by examples of illustrious services, successfully rendered in the most try ing difficul ties, by those who have marched before me. Of those of my immediate predecessor it might least become me here to speak. I may, however, be pardoned for not sup pressing the sympathy with which my heart is full, in the rich reward he enjoys in the benedictions of a beloved country, gratefully bestowed for exalted talents, zealously devoted, through a long career, to the advancement of its highest interest and happiness. But the source to which I look for the aids which alone can supply my deficiencies, is in the well-tried intelligence 64 THE TRUE REPUBLICAN. and virtue ot my fellow-citizens, and in the counsels of those representing them in the best other depar:ments associated in the care of the national interests. In these my confidence will under every difficulty be placed, next to that in which we have all been encouraged to feel in the guardianship and guidance of that Almighty Being whose power regulates the destiny of nations, whose bless ings have been so conspicuously dispensed to this rising republic, and to whom we are bound to address our de vout gratitude for the past, as well as our fervent suppli cations and best hopes for the future. MADISON S FIRST ANNUAL MESSAGE, NOVEMBER 29, 1809. Fellow-citizens of the Senate, and House of Representatives: At the period of our last meeting, I had the satisfac tion of communicating an adjustment with one of the principal belligerent nations, highly important in itself, and still more so, as presaging a more extended accom modation. It is with deep C6iicern I am now to inform you, that the favorable prospect has been overclouded by a refusal of the British government to abide by the act of its minister plenipotentiary, and by its ensuing policy to wards the United States, as seen through the communica tions of the minister sent to replace him. Whatever pleas may be urged for a disavowal of en gagements formed by diplomatic functionaries, in cases where, by the terms of the engagements, a mutual ratifi cation is reserved; or where notice at the time may have been given of a departure from instructions; or in extra ordinary cases, essentially violating the principles of equi ty: a disavowal could not have been apprehended in a case where no such notice or violation existed; where no such ratification was reserved ; and, more especially, 65 where, as is now in proof, an engagement, to be executed without any such ratification, was contemplated by the instructions given, and where it had, with good faith, been carried into immediate execution on the part of the Uni ted States. These considerations not having restrained the British government from disavowing the arrangement, by virtue of which its orders in council were to be revoked, and the event authorizing the renewal of commercial inter course having thus not taken place, it necessarily became a question of equal urgency and importance, whether the act prohibiting that intercourse was not to be considered as remaining in legal force. This question being, after due deliberation, determined in the affirmative, a procla mation to that effect was issued. It could not but hap pen, however, that a return to this state of things, from that which had followed an execution of the arrangement by the United States, would involve difficulties. With a view to diminish these as much as possible, the instruc tions from the Secretary of the Treasury, now laid before you, were transmitted to the collectors of the several ports. If, in permitiing British vessels to depart without giving bonds not to proceed to their own ports, it should appear that the tenor of legal authority has not been strictly pursued, it is to be ascribed to the anxious desire which was felt that no individuals should be injured by so unforeseen an occurrence: and I rely on the regard of Congress for the equitable itnerests of our own citizens, to adopt whatever further provisions may be found requi site for a general remission of penalties involuntarily in curred. The recall of the disavowed minister having been fol lowed by the appointment of a successor, hopes were indulged that the new mission would contribute to allevi ate the disappointment which had been produced, and to remove the causes which had so long embarrassed the good understanding of the two nations. It could not be doubted, that it would at least be charged with concilia tory explanations of the steps which had been taken, and with proposals to be substituted for the rejected arrange ment. Reasonable and universal as this expectation was, C* DO THE TRUE REPUBLICAN. it also has not been fulfilled. From the first official dis closures of the new minister, it was found that he had re ceived no authority to enter into explanations relative to either branch of the arrangement disavowed, nor any au thority to substitute proposals, as to that branch whicn concerned the British orders in council. And finally, that his proposals with respect to the other branch, the attack on the frigate Chesapeake, were founded on a pre sumption, repeatedly declared to be inadmissible by the United States, that the first step towards adjustment was due from them; the proposals, at the same time, omitting even a reference to the officer answerable for the murder ous aggression, and asserting a claim not less contrary to the British laws and British practice, than to the princi ples and obligations of the United States. The correspondence between the Department of State and this minister will show how unessentially the features presented in its commencement have been varied in its progress. It will show, also, that, forgetting the respect due to all governments, he did not refrain from imputa tions on this, which required that no further communica tions should be received from him. The necessity of this step will be made known to his Britannic majesty, through the minister plenipotentiary of the United States in Lon don. And it would indicate a want of the confidence due to a government which so well understands and ex acts what becomes foreign ministers near it, not to infer that the misconduct of its own representative will be viewed in the same light in which it has been regarded here. The British government will learn, at the same time, that a ready attention will be given to communica tions, through any channel which may be substituted. It will be happy, if the change in this respect should be accompanied by 5 favorable revision of the unfriendly policy which has oeen so long pursued towards the Uni ted States. With France, the other belligerent, whose trespasses on our commercial rights have long been the subject of our just remonstrances, the posture of our relations does not correspond with the measures taken on the part of the United States to effect a favorable change. The re MADISON S FIRST ANNUAL MESSAGE. 67 sirft of the several communications made to her govern ment, in pursuance of the authorities vested by Congress in the executive, is contained in the correspondence of our minister at Paris now laid before you. By some of the other belligerents, although professing just and amicable dispositions, injuries materially affect ing our commerce have not been duly controlled or re pressed. In these cases, the interpositions deemed proper on our part have not been omitted. But it well deserves the consideration of the legislature, how far both the safe ty and honor of the American flag may be consulted, by adequate provision against that cerlusive prostitution of it by individuals, unworthy of tie ; nerican name, which has so much favored the real or pretended suspicions, un der which the honest commerce of their fellow-citizens has suffered. In relation to the powers on the coast of Barbary, no thing has occurred which is not of a nature rather to in spire confidence than distrust, as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system continued towards them, has alsc preserved peace, and is more and more advancing habits favorable to their civilization and happiness. From a statement which will be made by the Secretary of War, it will be seen that the fortifications on our mari time frontier are in many of the ports completed, affording the defence which was contemplated; and that a further time will be required to render complete the works in the harbor of New York, and in some other places. By the enlargement of the works, and the employmentof a great er number of hands at the public armories, the supply of small arms, of an improving quality, appears to be annu ally increasing at a rate that, with those made on private contract, may be expected to go far towards providing for the public exigency. The act of Congress providing for the equipment of our vessels of war having been fully carried into execu tion, I refer to the statement of the Secretary of the Navy for the information which may be proper on that subject. To that statement is added a view of the trans fers of appropriations, authorized by the act of the scs- 68 THE TRUE REPUBLICAN. sion preceding the last, and of the grounds on which the transfers were made. Whatever may be the course of your deliberations on the subject of our military establishments, I should fail in my duty in not recommending to your serious atten tion the importance of giving to our militia, the great bulwark of our security and resource of our power, an organization the best adapted to eventual situations, for which the United States ought to be prepared. The sums which had been previously accumulated in the treasury, together with the receipts during the year ending on the 30th of Septembar last, (and amounting to more than nine millions of dollars,) have enabled us to fulfil all our engagements, and to defray the current ex penses of government, without recurring to any loan. But the insecurity of our commerce, and the consequent dimi nution of the public revenue, will probably produce a de ficiency in the receipts of the ensuing year, for which, and for other details, I refer to the statements which will be transmitted from the treasury. In the state which has been presented of our affairs with the great parties to a disastrous and protracted war, carried on in a mode equally injurious and unjust to the United States as a neutral nation, the wisdom of the na tional legislature will be again summoned to the impor tant decision on the alternatives before them. That these will be met in a spirit worthy the councils of a nation conscious both of its rectitude and of its rights, and careful as well of its honor, as of its peace, I have an en tire confidence. And that the result will be stamped by a unanimity becoming the occasion, and be supported by every portion of our citizens, with a patriotism enlight ened and invigorated by experience, ought as little to be doubted. In the midst of the wrongs and vexations experienced from external causes, there is much room for congratula tion on the prosperity and happiness no wing from our sit uation at home. The blessing of health has never been more universal. The fruits of the seasons, though in particular articles and districts short of their usual redun dancy, are more than sufficient for our wants and our com- IK4 (D LE< MONROE S INAUGURAL ADDRESS. Ou forts. The face of our country every where presents the evidence of laudable enterprise, of extensive capital, and of durable improvement. In the cultivation of the mate rials, arid the extension of useful manufactures, more es pecially in the general application to household fabrics, we behold a rapid diminution of our dependence on foreign supplies. Nor is it unworth) of reflection, that this re volution in our pursuits and habits is in no slight degree a consequence of those impolitic and arbitrary edicts, by which the contending nations, in endeavoring each of them to obstruct our trade with the other, have so far abridged our means of procuring the productions and manufactures, of which our own are now taking the place. Recollecting always, that, for every advantage which may contribute to distinguish our lot from that to which others are doomed by the unhappy spirit of the times, we are indebted to that Divine Providence whose goodness has been so remarkably extended to this rising nation, it becomes us to cherish a devout gratitude, and to implore from the same Omnipotent Source a blessing on the con sultations and measures about to be undertaken for the welfare of our beloved country. MONROE S INAUGURAL ADDRESS, MARCH 5, 1817. I SHOULD be destitute of feeling if I was not deeply af- tVcted by the strong proof which my fellow-citizens have given me of their confidence, in calling me to the high office, whose functions I am about to assume. As the expression of their good opinion of my conduct in the public service, I derive fr.im it a gratification, which those who are conscious of having done all that they could do to merit it, can alone feel. My sensibility is increased by a just estimate of the importance of the trust, and of the nature and extent of its duties ; with the proper discharge of which the highest interests of a great and free people 70 THE TRUE REPUBLICAN. are intimately connected. Conscious of my own deficiency, I cannot enter on these duties without great anxiety for the result. From a just responsibility I will never shrink ; cal culating with confidence, that in my best efforts to promote the public welfare, my motives will always be duly appre ciated, and my conduct be viewed with that candor and indulgence which I have experienced in other stations. In commencing the duties of the chief executive office, it has been the practice of the distinguished men who have gone before me, to explain the principles which would govern them in their respective administrations. In fol lowing their venerated example, my attention is naturally drawn to the great causes which have contributed, in a prin cipal degree, to produce the present happy condition of the United States. They will best explain the nature of our duiies, and shed much light on the policy which ought to be pursued in future. From the commencement of our revolution to the pre sent day, almost forty years have elapsed, and from the establishment of this constitution, twenty-eight. Through this whole term, the government has been what may em phatically be called, self-government; and what has been the effect? To whatever object we turn our attention, whether it relates to our foreign or domestic concerns, we find abundant cause to felicitate ourselves in the excellence of our institutions. During a period fraught with difficul ties, and marked by very extraordinary events, the United States have flourished beyond example. Their citizens, individually, have been happy, and the nation prosperous. Under this constitution our commerce has been wisely regulated with foreign nations, and between the states ; new states have been admitted into our Union ; our terri tory has been enlarged by fair and honorable treaty, and with great advantage to the original states ; the states re spectively protected by the national government, under a mild paternal system, against foreign dangers, and enjoy ing within their separate spheres, by a wise partition of power, a just proportion of the sovereignty, have improv ed their police, extended their settlements, and attained a strength and maturity which are the best proofs of whole some laws well administered. And if we look to ihe 71 condition of individuals, what a proud spectacle does it exhibit ? On whom has oppression fallen in any quarter of our Union ? Who has been deprived of any right ol person or property ? Who restrained from offering his vows, in the mode which he prefers, to the Divine Author of his being? It is well known that all these blessings have been enjoyed in their fullest extent; and I add, with peculiar satisfaction, that there has been no example of a capital punishment being inflicted on any one for the crime of high treason. Some who might admit the competency of our govern ment to these beneficent duties, might doubt it in trials which put to the test its strength and efficiency as a mem ber of the great community of nations. Here, too, ex perience has afforded us the most satisfactory proof in its favor. Just as this constitution was put into action, sev eral of the principal states of Europe had become much agitated, and some of them seriously convulsed. Destruc tive wars ensued, which have of late only been termina ted. In the course of these conflicts, the United States received great injury from several of the parties. It was their interest to stand aloof from the contest, to demand justice from the party committing the injury, and to cul tivate by a fair and honorable conduct, the friendship of all. War became at length inevitable, and the result has shown that our government is equal to that, the greatest of trials under the most unfavorable circumstances. Of the virtue of the people, and of the heroic explr its of the army, the navy, and the militia, I need not speak. Such, then, is the happy government under which we live; a government adequate to every purpose for which the social compact is formed ; a government elective in all its branches, under which every citizen may, by his merit, obtain the highest trust recognized by the con stitution ; which contains within it no cause of discord : none to put at variance one portion of the community with another ; a government, which protects every citizen in the full enjoyment of his rights, and is able to protect the nation against injustice from foreign powers. Other considerations of the highest importance admo nish us to cherish our union, and to cling to the govern- 72 THE TRUE RKPUBL1CAX. ment which supports it. Fortunate as we are in our po litical institutions, we have not been less so in other cir cumstances on which our prosperity and happiness essen tially depend. Situated within the temperate zone, and extending through many degrees of latitude along the Atlantic, the United States enjoy all the varieties of cli mate, and every production incident to that portion of the globe. Penetrating, internally, to the great lakes, and be yond the resources of the great rivers which communicate through our whole interior, no country was ever happier with respect to its domain. Blessed too with a fertile soil, our produce has always been very abundant, leaving even in years the least favorable, a surplus for the wants of our fellow-men in other countries. Such is our peculiar felicity, that there is not a part of our Union that is not particularly interested in preserving it. The great agri cultural interest of our nation prospers under its protec tion. Local interests are not less fostered by it. Our fellow-citizens of the north, engaged in navigation, find great encouragement in being made the favored carriers of the vast productions of the other portions of the Uni ted States, while the inhabitants of these are amply re compensed, in their turn, by the nursery for seamen and naval force, thus formed and reared up for the support of our common rights. Our manufacturers find a generous encouragement by the policy which patronizes domestic industry ; and the surplus of our produce, a steady and pro fitable market by local wants in less favored parts at home. Such, then, being the highly favored condition of our country, it is the interest of every citizen to maintain it. What are the dangers which menace us? If any exist, they ought to be ascertained and guarded against. In explaining my sentiments on this subject, it may be asked, what raised us to the present happy state ? How did we accomplish the revolution ? How remedy the defects of the first instrument of our Union, by infusing into the national government sufficient power for national purposes, without impairing the just rights of the states, or affecting those of individuals? How sustain and pass with glory through the late war? The government has been in the hands of the people. To the people, therefore, and to the faithful and aWe depositaries of their trust, is the credit duo. Had the people of the United States been educated in different principles, had they been less intelligent, less independent, or less virtu ous, can it be believed that we should have maintained the same steady and consistentcareer, orbeen blessed with the same success ? While then the constituent body retains its present sound and healthful state, every thing will be safe. They will choose competent and faithful represen tatives for every department. It is only when the people become ignorant and corrupt, when they degenerate into a populace, that they are incapable of exercising the sove reignty. Usurpation is then an easy attainment, and an usurper soon found. The people themselves become the willing instruments of their own debasement and ruin. Let us then look to the great cause, and endeavor to pre serve it in full force. Let us by all wise and constitu tional measures, promote intelligence among the people, as the best means of preserving our liberties. Dangers from abroad are not less deserving of atten tion. Experiencing the fortune of other nations, the United States may again be involved in war, and it may in that event be the object of the adverse party to over set our government, to break our union, and demolish us as a nation. Our distance from Europe, and the just, moderate, and pacific policy of our government may form some security against these dangers, but they ought to be anticipated and guarded against. Many of our citizens - are engaged in commerce and navigation, and all of them are in a certain degree dependent on their prosperous state. Many are engaged in the fisheries. These inte rests are exposed to invasion in the wars between other powers, and we should disregard the faithful admonitions of experience if we did not expect it. We must support our rights, or lose our character, and with it, perhaps, our liberties. A people who fail to do it, can scarcely be said to hold a place among independent nations. National honor is national property of the highest value. The sentiment in the mind of every citizen, is national strength. It ought therefore to be cherished. To secure us against these dangers, our coast and 7 1 THE TRUE REPUBLICAN. inland frontiers should be fortified, our army and navy regulated upon just principle. as to the force of each, be kept in perfect order, and our militia be placed on the best practicable footing. To put our extensive coast in such a state of defence as to secure our cities and inte rior from invasion, will be attended with expense, but the work when finished will be permanent, and it is fair to presume that a single campaign of invasion, by a naval force, superior to our own, aided by a few thousand land troops, would expose us to a greater expense, without taking into the estimate the loss of property and distress of our citizens, than would be sufficient for this great work. Our land and naval forces should be moderate, but adequate to the necessary purposes. The former to garrison and preserve our fortifications, and to meet the first invasions of a foreign foe; and while constituting the elements of a greater force, to preserve the science, as well as all the necessary implements of war, in a stale to be brought into activity in the event of war. The lat ter, retained within the limits proper in state of peace, might aid in maintaining the neutrality of the United States with dignity, in the wars of other powers, and in saving the property of their citizens from spoliation. In time of war, with the enlargement of which the great na val resources of the country render it susceptible, and which should be duly fostered in time of peace, it would contri bute essentially, both as an auxiliary of defence and as a powerful engine of annoyance, to diminish the calamities of war, and to bring the war to a speedy and honorable termination. But it ought always to be held prominently in view, that the safety of these states, and of every thing dear to a free people, must depend in an eminent degree on the militia. Invasions may be made too formidable to be re sisted by any land and naval force, which it would com port, either with the principles of our government, or the circumstances of the United States to maintain. In such cases, recourse must be had to the great body of the peo ple, and in a manner to produce the best effect. It is of the highest importance, therefore, that they be so orga nized and trained as to be prepared for any emergency. MONROE S INAUGURAL ADDRESS. 75 The arrangement should be such as to put at the com mand of the government the ardent patriotism and youth ful vigor of the country. If formed on equal and just principles, it cannot be oppressive. It is the crisis which makes the pressure, and not the laws which provide a re medy for it. This arrangement should be formed, too, in time of peace, to be the better prepared for war. With such an organization of such a people, the United States have nothing to dread from foreign invasion. At its ap proach, an overwhelming force of gallant men might al ways be put in motion. Other interests of high importance will claim attention; among which, the improvement of our country by roads and canals, proceeding always with a constitutional sanc tion, holds a distinguished place. By thus facilitating the intercourse between the slates, we shall add much to the convenience and comfort of our fellow-citizens, much to the ornament of the country, and what is of greater importance, we shall shorten distances, and by making each part more accessible to and dependent on the other, we shall bind the union more closely together. Nature has done so much for us by intersecting the country with so many great rivers, bayi, and lakes, approaching from distant points so near to each other, that the inducement to complete the work seems to be peculiarly strong. A more interesting spectacle was perhaps never seen than is exhibited within the limits of the United States a ter ritory so vast, and advantageously situated, containing ob jects so grand, so useful, so happily connected in all their parts. Our manufactures will, likewise, require the systematic and fostering care of the government. Possessing, as we do, all the raw materials, the fruit of our own soil and industry, we ought not to depend in the degree we have done, on supplies from other countries. While we are thus dependent, the sudden event of war, unsought and unexpected, cannot fail to plunge us into the most serious difficulties. It is important, too, that the capital which nourishes our manufactures should be domestic, as its in fluence in that case, instead of exhausting, as it may do in foreign hands, would be felt advantageously on agri- 76 THE TRUE REPUBLICAN. culture, and every other branch of industry. Equally im portant is it to provide at home a market for our raw ma terials, as by extending the competition, it will enhance the price, and protect the cultivator against the casualties incident to foreign markets. With the Indian tribes it is our duty to cultivate friendly relations, and to act with kindness and liberality in all our transactions. Equally proper is it to persevere in our ef forts to extend to them the advantages of civilization. The great amount of our revenue, and the flourishing state of the treasury are a full proof of the competency of the national resources for any emergency, as they are of the willingness of our fellow-citizens to bear the burdens which the public necessities require. The vast amount of vacant lands, the value of which daily augments, forms an additional resource of great extent and duration. These resources, besides accomplishing every other ne cessary purpose, puts it completely in the power of the United States to discharge the national debt at an early period. Peace is the best time for improvement and pre parations of every kind : it is in peace that our commerce flourishes most, that taxes are most easily paid, and that the revenue is most productive. The executive is charged, officially, in the departments under it, with the disbursement of the public money, and is responsible for the faithful application of it to the pur poses for which it is raised. The legislature is the watch ful guardian over the public purse. It is its duty to see that the disbursement has been honestly made. To meet the requisite responsibility, every facility should be afford ed to the executive, to enable it to bring the public agents intrusted with the public money, strictly and promptly to account. Nothing should be presumed against them : but if, with the requisite facilities, the public money is suffered to lie long and uselessly in their hands, they will not be the only defaulters, nor will the demoralizing ef fect be confined to them. It will evince a relaxation and want of tone in the administration, which will be felt by the whole community. I shall do all that I can to secure economy and fidelity in this important branch of the administration, and I doubt not that the legislature will MONROE S INAUOUUAL ADDRESS. 77 perform its duty with equal zeal. A thorough examina tion should be regularly made, and I will promote it. It is particularly gratifying to me to enter on the dis charge of these duties at a time when the United Slates are blessed with peace. It is a state most consistent with their prosperity and happiness. It will be my sincere desire to preserve it, so far as depends on the executive, on just principle with all nations, claiming nothing unrea sonable of any, and rendering to each what is its due. Equally gratifying is it to \vitness the increased harmo ny of opinion which pervades our Union. Discord does not belong to our system. Union is recommended, as well by the free and benign principles of our government, extending its blessings to every individual, as by the other eminent advantages attending it. The American people have encountered together great dangers, and sustained severe trials with success. They constitute one great family with a common interest. Experience has enlight ened us on some questions of essential importance to the country. The progress has been slow, dicta ted by a just reflection, arid a faithful regard to every interest connect ed with it. To promote this harmony, in accordance with the principles of our republican government, and in a manner to give them the most complete effect, and to advance, in all other respects, the best interests of our country, will be the object of my constant and zealous ex ertions. Never did a government commence under auspices so favorable, nor ever was success so complete. If we look to the history of other nations, ancient or modern, we find no example of a growth so rapid, so gigantic ; of a people so prosperous and happy. In contemplating what we have still to perform, the heart of every citizen must expand with joy, when he reflects how near our go vernment has approached to perfection ; that in respect to it we have no essential improvement to make ; that the great object is to preserve it in the essential principles and features which characterize it, and that that is to be done by preserving the virtue and enlightening the minds of the people ; and, as a security against foreign dangers, to adopt such arrangements as are indispensable to the 7* 78 THE TRUE REPUBLICAN. support of our independence, our rights and liberties. If we persevere in the career in which we have advanced so far, and in the path already traced, we cannot fail, under the favor of a gracious Providence, to attain the high des tiny which seems to await us. In the administration of the illustrious men who have preceded me in this high station, with some of whom I have been connected by the closest ties from early life, examples ar& presented which will always be found highly instructive and useful to their successors. From these I shall endeavor to derive all the advantages which they may afford. Of my immediate predecessor, under whom so important a portion of this great and successful expe riment has been made, 1 shall be pardoned for expressing my earnest wishes that he may long enjoy in his retire ment the affections of a grateful country, the best reward of exalted talents and the most faithful and meritorious services. Relying on the aid to be derived from the other departments of government, I enter on the trust to which I have been called by the suffrages of my fellow-citizens, with my fervent prayers to the Almighty that he will be graciously pler.sed to continue to us that protection which he has already so conspicuously displayed in our favor. MONROE S FIRST ANNUAL MESSAGE, DECEMBER 3, 1817. Fellow- Citizens of the Senate and House of Representatives : At no period of our political existence had we so much cause to felicitate ourselves at the prosperous and happy condition of our country. The abundant fruits of the earth have filled it with plenty. An extensive and profit able commerce has greatly augmented our revenue. The public credit has attained an extraordinary elevation. Our preparations for defence, in case of future wars, from which, by the experience of all nations, we ought not ex pect to be exempted, are advancing, under a well-digested MONROE S FIRST ANNUAL MESSAGE. 79 system, with all the despatch which so important a work will admit. Our free government, founded on the inte rests and affections of the people, has gained, and is daily gaining strength. Local jealousies are rapidly yielding to more generous, enlarged, and enlightened views of na tional policy. For advantages so numerous and highly important, it is our duty to unite in grateful acknowledg ments to that Omnipotent Being, from whom they are derived, and in unceasing prayer that he will endow us with virtue and strength to maintain and hand them down, in their utmost purity, to our latest posterity. I have the satisfaction to inform you, that an arrange ment, which had been commenced by my predecessor, with the British government, for the reduction of the naval force, by Great Britain and the United States, on the lakes, has been concluded ; by which it is provided, that neither party shall keep in service on lake Champlain more than one vessel ; on lake Ontario, more than one ; on lake Erie and the upper lakes, more than two ; to be armed, each with one cannon only, and that all the other armed vessels of both parties, of which an exact list is inter changed, shall be dismantled. It is also agreed, that the force retained shall be restricted in its duty to the inter nal purposes of each party ; and that the arrangement shall remain in force until six months shall have expired after notice having been given by one of the parties to the other of its desire that it should terminate. By this arrangement, useless expense on both sides, and what is of greater importance, the danger of collision between armed vessels in those inland waters, which was great, is prevented. I have the satisfaction also to state, that the commis sioners under the fourth article of the treaty of Ghent, to whom it was referred to decide to which party the several islands in the bay of Passamaquoddy belonged, under the treaty of one thousand seven hundred and eighty-three, have agreed in a report, by which all the islands in the pos session of each party before the late war have been decreed to it. The commissioners acting under the other articles of the treaty of Ghent, for the settlement of the bounda ries, have also been engaged in the discharge of their 80 TlIE TRUE REPUBLICAN . respective duties, but have not yet completed them. The difference which arose between the two governments, under the treaty, respecting the right of the United States to take and cure fish on the coast of the British pro vinces, north of our limits, which had been secured by the treaty of one thousand seven hundred and eighty-three, M still in negotiation. The proposition made by this go vernment, to extend to the colonies of Great Britain the principle of the convention of London, by which the com merce between the ports of the United States and British ports of Europe had been placed on a footing of equali ty, has been declined by the British government. This subject having been thus amicably discussed between the two governments, and it appearing that the British go vernment is unwilling to depart from its present regula tions, it remains for Congress to decide whether they will make any other regulations in consequence thereof, for the protection and improvement of our navigation. The negotiation with Spain, for spoliations on our com merce, and the settlement of boundaries, remains essen tially in the state it held in the communications that were made to Congress by my predecessor. It has been evi dently the policy of the Spanish government to keep the negotiation suspended, and in this the United States have acquiesced, from an amicable disposition towards Spain, and in the expectation that her government would, from a sense of justice, finally accede to such an arrangement as would be equal between the parties. A disposition has been lately shown by the Spanish government to move in the negotiation, which has been met by this govern ment, and should the conciliatory and friendly policy which has invariably guided our councils, be reciproca ted, a just and satisfactory arrangement may be expected. It is proper, however, to remark that no proposition has yet been made from which such a result can be presumed. It was anticipated, at an early stage, that the contest between Spain and the colonies would become highly in teresting to the United States. It was natural that our citizens should sympathize in events which ariecied their neighbors. It seemed probable, also, that the prosecution of the conflict, along our coast, and in conti^iouti coun- MONROE S FIRSI ANNUAL MESSAGE. 81 Jries, would occasionally interrupt our commerce, and otherwise affect the persons and property of our citizens, These anticipations have been realized. Such injuries have been received from persons acting under the autho rity of both the parties, and for which redress has, in some instances, been withheld. Through every stage of the conflict, the United States have maintained an impar tial neutrality, giving aid to neither of the parties in men, money, ships, or munitions of war. They have regarded the contest not in the light of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having, as to neutral powers, equal rights. Our ports have been open to both, and every article the fruit of our soil, or of the industry of our citizens, which ei ther was permitted to take, has been equally free to the other. Should the colonies establish their independence, it is proper now to state that this government neither seeks nor would accept from them any advantage in commerce or otherwise, which will not be equally open to all other nations. The colonies will in that event become inde pendent states, free from any obligation to, or connexion with us, which it may not then be their interest to form on a basis of fair reciprocity. In the summer of the present year, an expedition was set on foot against East Florida, by persons claiming to act under authority of some of the colonies, who took possession of Amelia Island, at the mouth of St. Mary s river, near the boundary of the state of Georgia. As the province lies eastward of the Mississippi, and is bounded by the United States and the ocean on every side, and has been a subject of negotiation with the government of Spain, as an indemnity for losses by spoliation, or in exchange of territory of equal value, westward of the Mississippi, a fact well known to the world, it excited surprise that any countenance should be given to this measure by any of the colonies. As it would be difficult to reconcile it with the friendly relations existing between the United States and the colonies, a doubt was enter tained whether it had been authorized by them, or any of them. This doubt has gained strength, by the cir cumstances which have unfolded themselves in the prose- 82 THE TRUE REPUBLICAN. cution of the enterprise, which have marked it as a mere private unauthorized adventure. Projected and com menced with an incompetent force, reliance seems to have been placed on what might be drawn, in defiance of our laws, from within our limits ; and of late, as their resources have failed, it has assumed a more marked cha racter of unfriendliness to us, the island being made a channel for the illicit introduction of slaves from Africa into the United States, an asylum for fugitive slaves from the neighboring states, and a port for smuggling of every kind. A similar establishment was made, at an earlier period, by persons of the same description in the Gulf of Mexi co, at a place called Galvestoh, within the limits of the United States, as we contend, under the cession of Loui siana. This enterprise has been marked in a more sig nal manner by all the objectionable circumstances which characterized the other, and more particularly by the equipment of privateers which have annoyed our com merce, and by smuggling. These establishments, if ever sanctioned by any authority whatever, which is not be lieved, have abased their trust and forfeited all claim to con sideration. A just regard for the rights and interests of the United States required that they should be suppressed, and orders have accordingly been issued to that effect. T!>3 imperious considerations which produced this mea sure will be explained to the parties whom it may in any degree concern. To obtain correct information on every subject in which the United States are interested ; to inspire just sentiments in all persons in authority, on either side, of our friendly disposition, so far as it may comport with an impartial neutrality, and to secure proper re-pect to our commerce in every port, and from every flag, it has been thought proper to send a ship of war, with three distinguished citizens along the southern coast, with instructions to touch at such ports as they may find most expedient for these purposes. With the existing authorities, with those in the possession of, and exercising the sovereignty, must the communication be held; from them alone can redress for past injuries, committed by persons acting under them MONROTi s FIRST ANNUAL MESSAGE. 83 be obtained ; by them alone can the commission of the like in future be prevented. Our relations with the other powers of Europe have experienced no essential change since the last session. In our intercourse with each, due attention continues to be paitl to tlie protection of our commerce, and to every other object in which the United States are interested. A strong hope is entertained, that by adhering to the maxims of a just, candid, and friendly policy, we may long preserve a.nicable relations with all the powers of Europe, on conditions advantageous and honorable to our country. With the Barbary states and the Indian tribes, our pa cific relations have been preserved. In calling your attention to the internal concerns of our country, the view which they exhibit is peculiarly gratifying. The payments which have been made into the treasury show the very productive state of the public revenue. After satisfying the appropriations made bylaw for the support of the civil government and of the mili tary and naval establishments, embracing suitable provi sion for fortification and for the gradual increase of the navy, paying the interest of the public debt, and extin guishing more than eighteen millions of the principal, within the present year, it is estimated that a balance of more than six millions of dollars will remain in the trea sury on the first day of January, applicable to the current service of the ensuing year. The payments into the treasury during the year one thousand eight hundred and seventeen, on account of im ports and tonnage, resulting principally from duties which have accrued in the present year, may be fairly estimated at twenty millions of dollars ; internal revenues, at two millions five hundred thousand ; public lands, at one mil lion five hundred thousand ; bank dividends and inciden tal receipts, at five hundred thousand ; making, in the whole, twenty-four millions and five hundred thousand dollars. The annual permanent expenditure for the support of the civil government, and of the army and navy, as now established by law, amounts to eleven millions eight him- 84 THE TRUE REPUBLICAN. dred thousand dollars ; and for the sinking- fund, to ten millions ; making, in the whole, twenty-one millions eight hundred thousand dollars ; leaving an annual excess of revenue, beyond the expenditure, of two millions seven hundred thousand dollars, exclusive of the balance esti mated to be in the treasury on the 1st day of January one thousand eight hundred and eighteen. In the present state of the treasury, the whole of the Louisiana debt may be redeemed in the year 1819 ; after which, if the public debt continues as it now is, above par, there will be annually about five millions of the sink ing fund unexpended, until the year 1825, when the loan of 1812, and the stock created by funding treasury notes will be redeemable. It is also estimated that the Mississippi stock will be discharged during the year 1819, from the proceeds of the public lands assigned to that object; after which the receipts from those lands will annually add to the public revenue the sum of one million five hundred thousand dollars, making the permanent annual revenue amount to *wenty-six millions of dollars, and leaving an annual ex cess of revenue after the year 1819, beyond the perma nent authorized expenditure, of more than four millions of dollars. By the test returns to the department of war, the mili tia force of the several states may be estimated at eight hundred thousand men, infantry, artillery, and cavalry. Great part of this force is armed, and measures are taken to arm the whole. An improvement in the organization and discipline of the militia, is one of the great objects which claim the unremitted attention of Congress. The regular force amounts nearly to the number re quired by law, and is stationed along the Atlantic and in land frontiers. Of the naval force, it has been necessary to maintain strong squadrons in the Mediterranean and in the Gulf of Mexico. From several of the Indian tribes, inhabiting the coun try bordering on Lake Erie, purchases have been made of lands, on conditions very favorable to the United States and, it is presumed, not less so to the tribes themselves MONROE S FIRST ANNUAL MESSAGE. 85 By these purchases the Indian title, with moderate re servations, has been extinguished to the whole of the land within the state of Ohio, and to a great part of that in Michigan territory, and of the state of Indiana. From the Cherokee tribe a tract has been purchased in the state of Georgia, and an arrangement made, by which, in exchange for lands beymd the Mississippi, a great part, if not the whole of the land belonging to the tribe, eastward of that river, in the states of North Carolina, Georgia, and Ten nessee, and in the Alabama territory, will soon be ac quired. By these acquisitions, and others that may rea- sonablv be expected soon to follow, we shall be enabled to extend our settlements from the inhabited parts of the state of Ohio, along Lake Erie, into the Michigan terri tory, and to connect our settlements by degrees, through the state of Indiana and the Illinois territory, to that of Missouri. A similar and equally advantageous effect will soon be produced to the south, through the whole extent of the states and territory which border on the waters emptying into the Mississippi and the Mobile. In this progress, which the rights of nature demand, and nothing can prevent, marking a growlh rapid and gigantic, it is our auty to make ne\v effjrts for the preservation, im provement, and civilization of the native inhabitants. The hunter state can exist only in the vast uncultivated desert. It yields to the more dense and compact form and greater force of civilized population ; and of right it ought to yield, for the earth was given to mankind to sup port the greatest number of which it is capable, anil no tribe or people have a right to withhold from the wants of others more than is necessary for their own support and comfort. It is gratifying to know that the reserva tion of land made by the treaties with the tribes on Lake Erie, were made with a view to individual ownership among them, and to the cultivation of ihe soil by all, and that an annual stipend has been pledged to supply their other wants. It will merit the consideration of Congress, whether other provisions, not stipulated by the treaty, ought to be made for these tribes, and for the advance ment of the liberal and humane policy of the United States towards all the tribes within our limits, and more 8 86 THE TRUE REPUBLICAN. particularly for their improvement in the arts of civilized Among the advantages incident to these purchases, and to those which have preceded the security which may thereby be afforded to our inland frontier is peculiarly important. With a strong barrier, consisting of our own people thus pla: ted on the lakes, the Mississippi and the Mobile, with the protection to be derived from the regu lar force, Indian hostilities, if they do not altogether cease, will henceforth lose their terror. Fortifications in those quarters to any extent will not be necessary, and the expense attending them may be saved. A people accus tomed to the use of fire-arms only, as the Indian tribes are, will shun even moderate works which are defended by cannon. Great fortifications will therefore be requi site only in future along the coast, and at some points in the interior connected with it. On these will the safety of towns and the commerce of our rivers, from the bay of Fundy to the Mississippi, depend. On these, there fore, should the utmost attention, skill and labor be be stowed. A considerable and rapid augmentation in the value of all the public lands, proceeding from these and other obvious causes, may henceforward be expected. The dif ficulties attending early emigrations will be dissipated even in the most remote parts. Several new states have been admitted into our Union to the west and south, and terri torial governments, happily organized, established over every other portion in which there is vacant land for sale. In terminnting Indian hostilities, as must soon be done, in a formidable shape at least, the emigration, which has heretofore been great, will probably increase, and the de mand for land, and the augmentation in its value, be in like proportion. The great increase of our population throughout the Union will alone produce an important effect, and in no quarter will it be so sensibly felt as in those in contemplation. The public lands are a public stock, which ought to be disposed of to the best advan tage for the nation. The nation should, therefore, derive the profit proceeding from the continual rise in their value. Every encouragement should be given to the emi- MONROE S FIRST ANNUAL MESSAGE. 87 grants, consistent with a fair competition between them ; but that competition should operate in the first sale to the advantage of the nation rather than of individuals. Great capitalists will derive all the benefit incident to their su perior wealth, under any mode of sale which may be adopted. But if, looking forward to the rise in the value of the public lands, they should have the opportunity of amassing, at a low price, vast bodies in their hands, the profit will accrue to them, and not to the public. They would also have the power, in that degree, to control the emigration and settlement in such a manner as their opi nion of their respective interests might dictate. I submit the subject to the consideration of Congress, that such further provision may be made of the sale of the public lands, with a view to the public interest, should any be deemed expedient, as in their judgment may be best adapt ed to the object. When we consider the vast extent of territory within the United States, the great amount and value of its pro ductions, the connection of its parts, and other circum stances on which their prosperity and happiness depend, we cannot fail to entertain a high sense of the advantage to be derived from the facility which may be afforded in the intercourse between them, by means of good roads and canals. Never did a country of such vast extent offer equal inducements to improvements of this kind, nor ever were consequences of such magnitude involved in them. As this subject was acted on by Congress at the last session, and there may be a disposition to revive it at present, I have brought it into view for the purpose of communicating my sentiments on a very important cir cumstance connected with it, with that freedom and can dor which a regard for the public interest and a proper respect for Congress require. A difference of opinion has existed from the first formation of our constitution to the present time, among our most enlightened and virtu ous citizens, respecting the right of Congress to establish such a system of improvement. Taking into view the trust with which I am now honored, it would be improper, after what has passed, that this discussion should be re vived with an uncertainty of my opinion respecting the 88 THE TRUE REPUBLICAN. right. Disregarding early impressions, I have bestowet* on the suhject all the deliberation which its great impor tance, and a just sense of my duty, required, and the re sult is a settled conviction in my mind that Congress do not possess the right. It is not contained in any of the specified powers granted to Congress, nor can I consider it incidental to, or a necessary mean, viewed on the most liberal scale, for carrying into effect any of the powers which are specifically granted. In communicating this result, I cannot resist the obligation which I feel, to sug gest to Congress the propriety of recommending to the states an adoption of an amendment to the constitution, which shall give to Congress, the right in question. In cases of doubtful construction, especially of such vital interest, it comports with the nature and origin of our re publican institutions, and will contribute much to pre serve them, to apply to our constituents for an explicit grant of the power. We may confidently rely, that if it appears to their satisfaction that the power is necessary, it will be granted. In this case, I am happy to observe, that experience has afforded the most ample proof of its utility, and that the benign spirit of conciliation and harmony, which now manifests itself throughout our Union, promises to such a recommendation the most prompt and favorable result. I think proper to suggest, also, in case this measure is adopted, that it be recommended to the states to include in the amendment sought, a right in Congress to insti tute, likewise, seminaries of learning, for the all-impor tant purpose of diffusing knowledge among our fellow- citizens throughout the United States. Our manufactures will require the continued atten tion of Congress. The capital employed in them is con siderable, and the knowledge required in the machinery anil fabric of all the most useful manufactures is of great value. Their preservation, which depends on due en couragement, is connected with the high interests of the nation. Ahhough the progress of the public buildings has been as favorable as circumstances have permitted, it is to be regretted the capitol is not yet in a state to receive you. MONROE S FIRST ANNUAL MESSAGE. 89 There is good cause to presume that the two wings, the Duly parts as yet commenced, will be prepared i or that purpose the next session. The time seems now to have arrived, when this subject may be deemed worthy of the attention of Congress, on a scale adequate to national purposes. The completion of the middle building will be necessary to the convenient accommodation of Con gress, of the committees, and various officers belonging to it. It is evident that the other public buildings are altogether insufficient for the accommodation of the seve ral executive departments ; some of whom are much crowded, and even subject to the necessity of obtaining it in private buildings, at some distance from the head of the department, and with inconvenience to the manage ment of the public business. Most nations have taken an interest and a pride in the improvement and ornament of their metropolis, and none were more conspicuous in that respect than the ancient republics. The policy which dictated the establishment of a permanent resi dence for the national government, and the spirit in which it was commenced and has been prosecuted, show that such improvement was thought worthy the attention of this nation. Its central position, between the northern and southern extremes of our Union, and its approach to the west, at the head of a great navigable river, which interlocks with the western waters, prove the wisdom of the councils which established it. Nothing appears to be more reasonable and proper, than that convenient accommodation should be provided, on a well-digested plan, for the heads of the several de partments, and for the attorney-general; and it is believed that the public ground in the city, applied to these objects, will be found amply sufficient. I submit this subject to the consideration of Congress, that such pro vision may be made in it, as to them may seem proper. In contemplating the happy situation of the United States, our attention is drawn, with peculiar interest, to the surviving officers and soldiers of our revolutionary army, who so eminently contributed, by their services, to lay its foundation. Most of those very meritorious citi zens have paid the debt of nature and gone to repose. It 90 THE TRUE REPUBLICAN. is Vu-lieved, that among the survivors there are some not provided for by existing laws, who are rer uced to indi gence, and even to real distress. These men have a claim on the gratitude of their country, and it will do honor to their country to provide for them. The lapse of a few years more, and the opportunity will be forever lost : indeed, so long already has been the interval, that the number to be benefit ted by any provision which may be made, will not be great. It appearing in a satisfactory manner that the revenue arising from imposts and tonnage, and from the sale of public lands, will be fully adequate to the support of the civil government, of the present military and naval esta blishments, including the annual augmentation of the lat ter to the extent provided for, to the payment of the in terests on the public debt, and to the extinguishment of it at the times authorized, without the aid of the internal taxes, I consider it my duty to recommend to Congress their repeal. To impose taxes when the public exigen cies require them, is an obligation of the most sacred character, especially with a free people. The faithful fulfil- mentof it is among the highest proofs of iheir virtue and ca pacity for self-government. To dispense with taxes, when it may be done with perfect safety, is equally the duty of their representatives. In this instance, we have the satis faction to know that they are imposed when the demand was imperious, and have been sustained with exeriplary fidelity. I have to add, that however gratifying it >-nay be to me, regarding the prosperous and happy condition of our country, to recommend the repeal of these texes at this time, I shall, nevertheless, be attentive to even s, and should any future emergency occur, be not less ; rom.pt to suo-gest such measures and burdens as may U a l requisite and proper. 5> j. Q. ADAMS INAUGURAL ADDRESS. 91 J. Q. ADAMS INAUGURAL ADDRESS MARCH 4, 1825. In compliance with a usage coeval with the existence of our federal constitution, and sanctioned by the exam ple of my predecessors in the career upon which I am about to enter, I appear, my fellow-citizens, in your pre sence, and in that of Heaven, to bind myself, by the so lemnities of a religions obligation, to the faithful perform ance of the duties allotted to me, in the station to which I have been called. In unfolding to my countrymen the principles by which I shall be governed in the fulfilment of those duties, my first resort will be to that constitution, which I shall swear, to the best of my ability, to preserve, protect, and defend. That revered instrument enumerates the powers and prescribes the duties of the executive magis trate ; and, in its first words, declares the purposes to which these, and the whole action of the government, in stituted by it, should be invariably and sacredly devoted to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the people of this Union, in their successive generations. Since the adoption of this social compact, one of these generations have passed away. It is the work of our forefathers. Administered by some of the most eminent men who contributed to its torrnation, through a most eventful period in the annals of the world, ; nd through all the vicissitudes of peace and war, incidental to the condition of associated manf it has not disappointed the hopes and aspirations of those illustrious benefactors of their age and nation. It has promoted the lasting welfare of that country, so dear to us all ; it has, to an extent far beyond the ordinary lot of humanity, secured the freedom and happiness of this people. We now re ceive it as a precious inheritance from those to whom we are indebted for its establishment, doubly bound by the examples they have left us, and by the blessings which 92 THE TRUE REPUBLICAN. we have enjoyed, as the fruit of their labors, to transmit the same, unimpaired, to the succeeding generations. In the compass of thirty-six years, since this great na tional covenant was instituted, a body of laws enacted under its authority, and in conformity with its provisions, has unfolded its powers, and carried into practical opera tion its effective energies. Subordinate departments have distributed the executive functions in their various rela tions to foreign affairs, to the revenue and expenditures, and to the military force of the Union by land and sea. A co-ordinate department of the judiciary has expounded the constitution and the laws; settling, in harmonious co incidence with the legislative will, numerous weighty questions of construction which the imperfection of hu man language had rendered unavoidable. The year of jubilee, since the first formation -of our Union has just elapsed ; that of the declaration of independence is at hand. The consummation of both was effected by this constitu tion. Since that period, a population of four millions has multiplied to twelve. A territory, bounded by the Mis sissippi, has been extended from sea to sea. New states have been admitted to the Union, in numbers nearly equal to those of the first confederation. Treaties of peace, amity, and commerce, have been concluded with the prin cipal dominions of the earth. The people of other na tions, inhabitants of regions acquired, not by conquestbut by compact, have been united with us in the participation of our rights and duties, of our burdens and blessings. The forest has fallen by the axe of our woodsman; the soil lias been made to teem by the tillage of our far mers ; our commerce has whitened every ocean. The dominion of man over physical nature has been extended by the invention of our artists. Liberty and law have marched hand in hand. All the purposes of human asso ciation have been accomplished as effectively as under any other government on the globe ; and at a cost, little exceeding, in a whole generation, the expenditures of other nations in a single year. Such is the unexaggerated picture of our condition under a constitution founded upon the republican princi ple of equal rights. To admit that this picture has its 93 shades, is but to say that it is still the condition of men upon earth. From evil, physical, moral ami political, it is not our claim to be exempt. We have suffered some times by the visitation of Heaven, through disease ; often by the wrongs and injustices of other nations, even to the extremities of war; and lastly, by dissei Sions among our selves dissensions, perhaps, inseparable from the enjoy ment of freedom, but which have more than once appeared to threaten the dissolution of the Union, and, with it, the overthrow of all the enjoyments of our pre:-ent lot, and all our earthly hopes of the future. The causes of these dissensions have been various, founded upon differences of speculation in the theory of republican government; upon conflicting views of policy, in our relations with foreign nations ; upon jealousies of partial and sectional interests, aggravated by prejudices and prepossessions, which strangers to each other are ever apt to entertain. It is a source of gratification and of encouragement to me, to observe that the great result of this experiment upon the theory of human rights has, at the close of that generation by which it was formed, been crowned with success equal to the most sanguine expectations of its founders. Union, justice, tranquillity, the common de fence, the general welfare, and the blessings of liberty* all have been promoted by the government under which we have lived. Standing at this point of time ; looking hack to that generation which has gone by, and forward to that which is advancing, we may at once indulge in grateful exultation and in cheering hope. From the expert* nee of the past, we derive instructive lessons for the future. Of the two great political parties which have divided the opinions and feelings of our country, the candid and the just will now admit that both have contributed splendid talents, spotless integrity, ardent patriotism and disinte rested sacrifices, to the formation and administration of this government; and that both have required a liberal indul gence for a portion of human infirmity and error. The revolutionary wars of Europe, cornmencinof precisely at the moment when the government of the United States first u-ent into operation under this constitution, excited a collision of sentiments and of sympathies, which kin- 94 THE TRUE REPUBLICAN. died all the passions, and embittered the conflict of par ties till the nation was involved in war, and the Union was shaken to its centre. This time of trial embraced a period of five-and- twenty years, during which the policy of the Union, in its relations with Europe, constituted the principal basis of our political divisions, and the most arduous part of the action of our federal government. With the catastrophe in which the wars of the French revolution terminated, and our own subsequent peace with Great Britain, this baneful weed of party strife was uprooted. From that time, no difference of principle, connected either with the theory of government, or with our intercourse with foreign nations has existed, or been called forth in force sufficient to sustain a continued com bination of parties, x>r give more than wholesome anima tion to public sentiment or legislative debate. Oar po litical creed is, without a dissenting voice that can be heard, that the will of the people is the source, and the happiness of the peopls the end, of all legitimate govern ment upon earth. That the best security for the benefi cence, and the best guaranty against the abuse of power, .consists in the freedom, the purity, and the frequency of popular elections. That ths general government of the Union, and the separate governments of the states, are all sovereignties of legitimated powers ; fellow-servants of the same masters, uncontrolled within their respective spheres, uncontrollable by encroachments upon each other. Thit the firmest security of peace is the pre paration during peace of the defences of war. That a rigorous economy, and accountability of public expendi tures, should guard against the aggravation, and alleviate, when possible, the burden of taxation. That the military should be kept in strict subordination to the civil power. That the freedom of the press and of religious opinion should be inviolate. That the policy of our country is peace, and the ark of our salvation, union, are articles of faith upon which we are all agreed. If there have been those who doubted whether a confederated represen tative democracy were a government competent to the wise and orderly management of the common concerns of a mighty nation, those doubts have bean dispelled. If j. Q. ADAMS INAUGURAL ADDRESS. 95 the;e have been projects of partial confederacies to be erected upon the ruins of the Union, they have been scat tered to the winds. If there have been dangerous at tachments to one foreign nation, and antipathies against another, they have been extinguished. Ten years of peace, at home and abroad, have assuaged the animosities of political contention, and blended into harmony the most discordant elements of public opinion. There still re mains one effort of magnanimity, one sacrifice of prejudice and passion, to be made by the individuals throughout the nation, who have heretofore followed the standard of po litical party. It is that of discarding every remnant of rancor against each other ; of embracing as countrymen and friends ; and of yielding to talents and virtue alone, that confidence which, in times of contention for principle, was bestowed only upon those who bore the badge of par ty communion. The collisions of party spirit, which originate in specu lative opinions, or in different views of administrative poli cy, are in their nature transitory. Those which are found ed on geographical divisions, adverse interests of soil, cli mate, and modes of domestic life, are more permanent, and therefore perhaps more dangerous. It is this which gives inestimable value to the character of our govern ment, at once federal and national. It holds out to us a perpetual admonition to preserve alike, and with equal anxiety, the rights of each individual state in its own government, and the rights of the whole nation in that of the Union. Whatever is of domestic concealment, un connected with the other members of the Union, or with foreign lands, belongs exclusively to the administration of the state governments. Whatsoever, directly involves the rights and interests of the federative fraternity, or of for eign powers, is of the resort of this general government. The duties of both are obvious in the general principle, though sometimes perplexed with difficulties in the detail. To respect the rights of the state governments is the in violable duty of that of the Union; the government of every state will feel its own obligation to respect and pre serve the rights of the whole. The prejudices every where too commonly entertained against distant strangers are 00 THE TRUE REPUBLICAN. worn awayi an fl the jealousies of jarring interests are al layecl by the composition and functions of the great na tional councils annually assembled from all quarters of the Union at this place. Here the distinguished men from every section of our country, while meeting to deliberate upon the great interests ol those by whom they are depu ted, learn to estimate the talents, and do justice to the virtues of each other. The harmony of the nation is promoted, and the whole Union is knit together by the sentiments of mutual respect, the habits of social inter course, and the ties of personal friendship, formed be tween the representatives of its several parts, in the per formance of their service at this metropolis. Parsing from this general review of the purposes and injunctions of the federal constitution, and their results, as indicating the first traces of the path of duty in the dis charge of my public trust, I turn to the administration of my immediate predecessor, as the second. It has passed away in a period of profound peace : how much to the satisfaction of our country, and to the honor of our coun try s name, is known to you all. The great features of its policy, in general concurrence with the will of the le gislature, have been to cherish peace while preparing for defensive war; to yield exact justice to other nations, and maintain the rights of our own ; to cherish the prin ciples of freedom and of equal rights, wherever they were proclaimed; to discharge with all possible promptitude the national debt ; to reduce within the narrowest limits of efficiency the military force; to improve the organization and discipline of the army: to provide and sustain a school of military science; to extend equal protection to all the great interests of the nation ; to promote the civili zation of the Indian tribes ; and to proceed in the great system of internal improvements within the limits of the constitutional power of the Union. Under the pledge of these promises, made by that eminent citizen, at the time of his first induction to this office, in his career of eight years, the internal taxes have beer repealed; sixty mil lions of the public debt have been discharged; provision has been made for the comfort and relief of the acred and indigent among the surviving warriors of the revolution; J. Q. ADAMS INAUGURAL ADDHIiSS. 97 the regular armed force has been reduced, and its consti tution revised and perfected ; the accountability for the expenditures of public moneys has been made more effec tive; the Floridas have been peaceably acquired, and our boundary has been extended to the Pacific ocean ; the in dependence of thy southern nations of this hemisphere has been recognized, and recommended by example and by counsel to the potentates of Europe progress has been made in the defence of the country by fortifications, and the increase of the navy towards tho effectual suppres sion of the African traffic in slavesin alluring the abori ginal hunters of our land to the cultivation of the soil and of the mind in exploring the interior regions of the Union, and in preparing, by scientific researches and sur veys, for the further application of our national resources to the internal improvement of our country. In this brief outline of the promise and performance of my immediate predecessor, the line of duty for his suc cessor is clearly delineated. To pursue to their consum mation those purposes of improvement in our common condition, instituted or recommended by him, will embrace the whole sphere of my obligations. To the topic of in ternal improvement, emphatically urged by him at his in auguration, I recur with peculiar satisfaction. It is that from which I am convinced that the unborn millions of our posterity, who are in future ages to people this conti nent, will derive their most fervent gratitude to the found ers of the Union ; that in which the beneficent action of its government will be most deeply felt and acknowledged. The magnificence and splendor of their public works are among the imperishable glories of the ancient republics. The roads and aqueducts of Rome have been the admira tion of all after-ages, and have survived thousands of years, after all her conquests have been swallowed up in despo tism, or become the spoil of barbarians. Some diversity of opinion has prevailed with regard to the powers of Congress for legislation upon objects of this nature. The most respectful deference is due to doubts, originating in pure patriotism, and sustained by venerated authority. But nearly twenty years have passed since the construc tion of the first national road was commenced. The au- 9 98 THE TRUE REPUBLICAN. thority for its construction was then unquestioned. To how many thousands of our countrymen has it proved a benefit ? To what single individual has it ever proved an injury ? Repeated, liberal and candid discussions in the legislature have conciliated the sentiments, and approxi mated the opinions of enlightened minds, upon the question of constitutional power. I cannot but hope that, by the same process of friendly, patient, and persevering delibe ration, all constitutional objections will ultimately be re moved. The extent and limitation of the powers of the general government, in relation to this transcendently im portant interest, will be settled and acknowledged to the common satisfaction of all ; and every speculative scruple will be solved by a practical public blessing. Fellow-citizens, you are acquainted with the peculiar circumstances of the recent elections, which have result ed in affording me the opportunity of addressing you at this time. You have heard the exposition of the princi ples which will direct me in the fulfilment of the high and solemn trust imposed upon me in this station. Less possessed of your confidence in advance than any of my predecessors, I am deeply conscious of the prospect that I shall stand, more and oftener, in need of your indul gence. Intentions, upright and pure ; a heart devoted to the welfare of our country, and the unceasing applica tion of the faculties allotted to me to her service, are all the pledges that I can give to the faithful performance of the arduous duties I am to undertake. To the guidance of the legislative councils ; to the assistance of the exe cutive and subordinate departments ; to the friendly co operation of the respective state governments; to the can did and liberal support of the people, so far as it may be deserved by honest industry and zeal, I shall look for whatever success may attend my public service : and knowing that, except the Lord keep the city, the watch man waketh but in vain, with fervent supplications for his favor, to his overruling providence I commit, with hum ble but fearless confidence, my own fate and the future destinies of my country. 99 J. Q. ADAMS FIRST ANNUAL MESSAGE, DECEMBER 6, 1825 To the Senate, and House of Representatives of the United States: In taking a general survey of the concerns of our be loved country, with reference to subjects interesting to the common welfare, the first sentiment which impresses itself upon the mind, is of gratitude to the Omnipotent Disposer of all good, for the continuance of the signal blessings of his providence, and especially for that health, which, to an unusual extent, has prevailed within our bor ders ; and for that abundance which, in the vicissitudes of the seasons, has been scattered with profusion over our land. Nor ought we less to ascribe to Him the glory, that we are permitted to enjoy the bounties of his hand in peace and tranquillity in peace with all the other nations of the earth, in tranquillity among ourselves. There has, indeed, rarely been a period in the history of civilized man, in which the general condition of the Christian na tions has been marked so extensively by peace and pros perity. Europe, with a few partial and unhappy exceptions, has enjoyed ten years of peace, during which all her go vernments, whatever the theory of their constitutions may have been, are successively taught to feel that the end of their institutions is the happiness of the people, and that the exercise of power among men can be justified only by the blessings it confers upon those over whom it is extended. During the same period, our intercourse with all those nations has been pacific and friendly; it so continues. Since the close of your late session, no material varia tion has occurred in our relations with any one of them. In the commercial and navigation system of Great Britain, important changes of municipal regulations have recently been sanctioned by the acts of parliament, the effect of which upon the interests of other nations, and particular ly upon ours, has not yet been fully developed. In the 100 THE TRUE REPUBLICAN. recent renewal of the diplomatic missions, on both sides, between the two governments, assurances have been given and received of the continuance and increase of the mutual confidence and cordiality by which the adjust ment of many points of difference has already been effect ed, and which affords the surest pledge for the ultimate satisfactory adjustment of those which still remain open, or may hereafter arise. The policy of the United States, in their commercial intercourse with other nations, has always been of the most liberal character. In the mutual exchange of their respective productions, they have abstained altogether from prohibitions ; they have interdicted themselves the power of laying taxes upon exports, and whenever they have favored their own shipping, by special preferences or exclusive privileges in their own ports, it has been only with a view to countervail similar favors and exclu sions granted by the nations with whom we have been engaged in traffic, to their own people or shipping, and to the disadvantage of ours. Immediately after the close of the last war, a proposal was fairly made by the act of Con gress of the 3d March, 1815, to all maratime nations, to lay aside the system of retaliating restrictions and exclu sions, and to place the shipping of both parties to the common trade on a footing of equality in respect to the duties of tonnage an:l impost. This offer was partially and successively accepted by Great Britain, Sweden, the Netherlands, the Hanseatic cities, Prussia, Sardinia, the Duke of Oldenburg, and Russia. It was also adopted, under certain modifications, in our late commercial con vention with France. And by the act of Congress of the 8th ot January, 1824, it has received a new confirmation with all the nations who had acceded to it, and has been offered again to all those who are or may hereafter be will ing to abide in reciprocity by it. But all these regula tions, whether established by treaty or by municipal enactments, are still subject to one important restriction. The removal of discriminating duties of tonnage and impost, is limited to articles of the growth, produce, or manufacture of the country to which the vessel belongs, or to such articles as are most universally shipped from J. Q. AD.iMS* FIRST ANNUAL MESSAGE. 101 her ports. It will deserve the serious consideration of Congress, whether even this remnant of restriction may not be safely abandoned, and whether the general tender of equal competition, made in the act of 8th January, 1824, may not be extended to include all articles of mer chandise not prohibited, of what country soever they may be the produce or manufacture. Propositions to this effect have already been made to us by more than one Eu ropean government, and it is probable that if once esta blished by legislation or compact with any distinguished maratime state, it would, recommend itself, by the experi ence of its advantages, to the general accession of all. The convention of commerce and navigation between the United States and France, concluded on the 24th of June, 1822, was, in the understanding and intent of both parties, as appears upon its face, only a temporary ar rangement of the points of difference between them of the most immediate and pressing urgency. It was limit ed, in the first instance, to two years from the first of October, 1822, but with a proviso, that it should further continue in force till the conclusion of a general and de finitive treaty of commerce, unless terminated by a notice six months in advance, of either of the parties to the other. Its operation, so far as it extended, has been mu tually advantageous ; and it still continues in force, by common consent. But it left unadjusted several objects of great interest to the citizens and subjects of both coun tries, and particularly a mass of claims, to considerable amount, of citizens of the United States upon the govern ment of France, of indemnity for property taken or de stroyed, under circumstances of the most aggravated and outrageous character. In the long period during which continued and earnest appeals have been made to the equity and magnanimity of France, in behalf of those claims, their justice has not been, as it could not be, de nied. It was hoped that the accession of a new sovereign to the throne, would have afforded a favorable opportu nity for presenting them to the consideration of his go vernment. They have been presented and urged, hither to, without effect. The repeated and earnest representa tions of our minister at the court of France, remains as 9* 102 THE TRUE REPUBLICAN. yet even without an answer. Were the demands of na tions upon the justice oi each other susceptible of adju dication by the decision of an impartial tribunal, those to whom I now refer would long since have been setiled, and adequate indemnity would have been obtained. There are large amounts of similar claims upon the Nether lands, Naples, and Denmark. For those upon Spain, prior to 1819, indemnity was, after many years of patient forbearance, obtained, and those of Sweden have been lately compromised by a private settlement, in which the claimants themselves have acquiesced. The governments of Denmark and of Naples have been recently reminded of those yet existing against them ; nor will any of them be forgotten while a hope may be indulged of obtaining justice, by the means within the constitutional power olf the executive, and without resorting to those means of self-redress, which, as well as the time, circumstances, and occasion, which may require them, are within the exclusive competency of the legislature. It is with great satisfaction that I am enabled to bear witness to the liberal spirit with which the republic of Colombia has made satisfaction for well-established claims of a similar character. And among the documents now communicated to Congress, will be distinguished a treaty of commerce and navigation with that republic, the rati fications of which have been exchanged since the last re cess of the legislature. The negotiation of similar trea ties with all the independent South American states, has been contemplated, and may yet be accomplished. The basis of them all, as proposed by the United States, has been laid in two principles; the one, of entire and un qualified reciprocity ; the other, the mutual obligation of the parties to place each other permanently on the footing of the most favored nation. These principles are, indeed, indispensible to the effectual emancipation of the Ameri can hemisphere from the thraldom of colonizing monopo lies and exclusions an event rapidly realizing in the pro gress of human affairs, and which the resistance still op posed in certain parts of Europe to the acknowledgment of the Southern American republics as independent states, will, it is believed, contribute more effectually to J. Q. ADAMS* FIRST ANNUAL MESSAGE. 103 accomplish. The time has been, and that not remote when some of these states might, in their anxious desire to obtain a nominal recognition, have accepted of a nomi nal independence, clogged with burdensome conditions, and exclusive commercial privileges, granted to the nation from which they have separated, to the disadvantage of all others. They now are all aware that such conces sions to any European nation would be incompatible with that independence which they have declared and main tained. Among the measures which have been suggested to them by the new relations with one another, resulting from the recent changes in their condition, is that of as sembling at the Isthmus of Panama, a Congress, at which each of them should be represented, to deliberate upon objects important to the welfare of all. The republics of Colombia, of Mexico, and of Central America, have already deputed plenipotentiaries to such a meeting, and they have invited the United States to be also represented there by their ministers. The invitation has been accept ed, and ministers on the part of the United States will be commissioned to attend at those deliberations, and to take part in them, so far as it may be compatible with that neutrality from which it is neither our intention nor the desire of the American states that we should depart. The commissioners under the seventh article of the treaty of Ghent have so nearly completed their arduous labors, that, by the report recently received from the agent on the part of the United States, there is reason to ex pect that the commission will be closed at their next ses sion, appointed for the U2d of May, of the ensuing year. The other commission appointed to ascertain the in demnities due for slaves carried away from the United States, after the close of the late war, have met with some difficulty which has delayed their progress in the inquiry. A reference has been made to the British government on the subject, which, it may be hoped, will tend to hasten the decision of the commissioners, or serve as a substi tute for it. Among the powers specifically granted to Congress by the constitution, are those of establishing uniform law 104 THE TRUE REPUBLICAN. on the subject of bankruptcies throughout the United States ; and for providing for organizing, arming, and dis ciplining the militia, and for governing such part of them as may be employed in the service of the United States. The magnitude and complexity of the interests affected by legislation upon these subjects, may account for the fact, that long and often as both of them have occupied the attention, and animated the debates of Congress, no systems have yet been devised for fulfilling, to the satis faction of the community, the duties prescribed by these grants of power. To conciliate the claim of the indi vidual citizen to the enjoyment of personal liberty, with the effective obligation of private contracts, is the difficult problem to be solved by a law of bankruptcy. These are objects of the deepest interest to society ; affecting all that is precious in the existence of multitudes of persons, many of them in the classes essentially dependent and helpless; of the age requiring nurture, and of the sex en titled to protection from the free agency of the parent and the husband. The organization of the militia is yet more indispensable to the liberties of the country. It is only by an effective militia that we can at once enjoy the re pose of peace, and bid defiance to foreign aggression ; it is by the militia that we are constituted an armed nation, standing in perpetual panoply of defence, in the presence of all the other nations of the earth. To this end, it would be necessary, if possible, so to shape its organiza tion, as to give it a more united and active energy. There are laws for establishing a uniform militia throughout the United States, and for arming and equipping its whole body. But it is a body of dislocated members, without the vigor of unity, and having little of uniformity but the name. To infuse into this most important institution the power of which it is susceptible, and to make it available for the defence of the Union, at the shortest notice, and at the smallest expense possible of time, of life, and of treasure, are among the benefits to be expected from the persevering deliberations of Congress. Among theunequivocal indications of our national pros perity, is the flourishing state of our finances. The reve nues of the present year, from all their principal sources, J Q. ADAMa FIRST ANNUAL MESSAGE. 105 will exceed the anticipations of the last. The balance in the treasury on the first of January last, was a little short of two millions of dollars, exclusive of two millions and a half, being a moiety of the loan of five millions, authorized by the act of the 26th May, 1824. The re ceipts into the treasury from the first of January to the 30th of September, exclusive of the other moiety of the same loan, are estimated at sixteen millions five hundred thou sand dollars; and it is expected that those of the current quarter will exceed five millions of dollars; forming an aggregate of receipts of nearly twenty-two millions, inde pendent of the loan. The expenditures of the year will not exceed that sum more than two millions. By those expenditures, nearly eight millions of the principal of the public debt have been discharged. More than a million and a half has been devoted to the debt of gratitude to the warriors of the revolution ; a nearly equal sum to the construction of fortifications and the acquisition of ordnance, and other permanent preparations of national defence ; half a million to the gradual increase of the navy; an equal sum for purchases of territory from the Indians, and payment of annuities to them; and upwards of a miUion for objects of internal improvement, autho rized by special acts of the last Congress. If we add to these, four millions of dollars for payment of interestupon the public debt, there remains a sum of about seven mil lions, which have defrayed the whole expense of the ad ministration of government, in its legislative, executive, and judiciary departments, including the support of the military and naval establishments, and all the occasional contingencies of a government co-extensive with the Union. The amount of duties secured on merchandise import ed, since the commencement of the year, is about twenty- five millions and a half; and that which will accrue during the current quarter, is estimated at five millions and a half; from these thirty-one millions, deducting the drawbacks, estimated at less than seven millions, a sum exceeding twenty-four millions will constitute the revenue of the year, and will exceed the whole expenditures of the year. The entire amount of the public debt remaining due on 106 THE TRUE REPUBLICAN. i,he first of January next, will be short of eighty -one mil lions of dollars. By an act of Congress on the 3d of March last, a loan of twelve millions of dollars was authorized at four and a half per cent., or an exchange of stock to that amount, of four and a half per cent., for a stock of six per cent., to create a fund for extinguishing an equal amount of the public debt, bearing an interest of six per cent., redeema ble in 1826. An account of the measures taken to give effect to this act will be laid before you by the Secretary of the Treasury. As the object which it had in view has been but partially accomplished, it will be for the consi deration of Congress, whether the power with which it clothed the executive should not be renewed at an early day of the present session, and under what modifications. The act of Congress of the 3d of March last, directing the Secretary of the Treasury to subscribe, in the name and for the use of the United States, for one thousand five hundred shares of the capital slock of the Chesapeake and Delaware Canal company, has been executed by the ac tual subscription for the amount specified ; and such other measures have been adopted by that officer, under the act, as the ^fulfilment of its intentions requires. The latest accounts received of this important undertaking, au thorize the belief that it is in successful progress. The payments into the treasury from proceeds of the sales of the public lands, during the present year, were estimated at one million of dollars. The actual receipts of the first two quarters have fallen very little short of that sum: it is not expected that the second half of the year will be equally productive ; but the income of the year, from that source, may now be safely estimated at a million and a half. The ant of Congress of the 18th of May, 1824, to provide for the extinguishment of the debt due to the United States by the purchasers of public lands, was limited, in its operation of relief to the purchaser, to the 10th of April last. Its effect at the end of the quar ter during which it expired, was to reduce that debt from ten to seven millions. By the operation of similar prior laws of relief, from and since that of 2d March, 1821, the debt had been reduced from upwards of twenty-two j. Q. ADAMS FIRST ANNUAL MESSAGE. 107 millions to ten. It is exceedingly desirable that it should be extinguished altogether; and to facilitate that consum mation, I recommend to Congress the revival, for one year more, of the act of 18th of May, 1824, with such provisional modification as may be necessary to guard the public interests against fraudulent practices in the re-sale of relinquished land. The purchasers of public lands are among the most useful of our fellow-citizens ; and, since the system of sales for cash done has been introduced, great indulgence has been justly extended to those who had previously purchased upon credit. The debt which had been contracted under the credit sales had become un- wieldly, and its extinction was alike advantageous to the purchaser and the public. Under the system of sales, ma tured as it has been by experience, and adapted to the exigencies of the times, the lands will continue, as they have become, an abundant source of revenue ; and when the pledge of them to the public creditor shall have been redeemed, by the entire discharge of the national debt, the swelling tide of wealth with which they replenish the com mon treasury, may be made to reflow in unfailing streams of improvement, from the Atlantic to the Pacific ocean. The condition of the various branches of the public service resorting from the Department of War, and their administration during the current year, will be exhibited in the report of the Secretary of War, and the accompa nying documents, herewith communicated. The organi zation and discipline of the army are effective and satis factory. To counteract the prevalence of desertion among the troops, it has been suggested to withhold from the men a small portion of their monthly pay, until the period of their discharge ; and some expedient appears to be necessary* to preserve and maintain among the officers so much of the art of horsemanship as could scarcely fail to be found wanting on the possibly sudden eruption of a war, which should overtake us unprovided with a single corps of cavalry. The Military Academy at West Point, under the restrictions of a severe but paternal superinten dence, recommends itself more and more to the patron age of the nation ; and the number of meritorious offi cers which it forms and introduces to the public ser- 108 THK TRUE REPUBLICAN. vice, furnishes ihe means of multiplying the undertaking of public improvements, to which their acquirements at that institution are peculiarly adapted. The school of artillery practice, established at Fortress Monroe, is well suited to the same purpose, and may need the aid of fur ther legislative provision to the same end. The reports of the various officers at the head of the administrative branches of the military service, connected with the quar tering, clothing, subsistence, health and pay of the army, exhibit the assiduous vigilance of those officers in the per formance of their respective duties, and the faithful ac countability which has pervaded every part of the system. Our relations with the numerous tribes of aboriginal natives of this country, scattered over its extensive sur face, and so dependent, even for their existence, upon our power, have been during the present year highly interest ing. An act of Congress of the 25th of May, 1824, made an appropriation to defray the expenses of making treaties of trade and friendship with the Indian tribes be yond the Mississippi. An act of the 3d of March, 1825, authorized treaties to be nade with the Indians for their consent to the making of a road from the frontier of Mis souri to that of New Mexico. And another act, of the same date, provided for defraying the expenses of hold ing treaties with the Sioux, Chippewas, Menomonees, Sacs, Foxes, &c., for the purpose of establishing boun daries and promoting peace between said tribes. The first and the last objects of these acts have been accom plished ; and the second is yet in a process of execution. The treaties which, since the last session of Congress, have been concluded with the several tribes, will be laid before the Senate for their consideration, conformably to the constitution. They comprise large and valuable acquisitions of territory; and they secure an adjustment of boundaries, and give pledges of permanent peace be tween several tribes which had been long waging bloody wars against each other. On the 12th of February last, a treaty was signed at the Indian Springs, between commissioners appointed on the part of the United States, and certain chiefs and indi- j. Q. ADAMS FIRST ANNUAL MESSAGE. 109 viduals of the Creek nation of Indians, which was re ceived at the seat of government only a very few days be fore the close of the last session of Congress and of the late administration. The advice and consent of the Sen ate was given to it on the third of March, too late for it to receive the ratification of the then President of the United States : it was ratified on the 7th of March, under the unsuspecting impression that it had been negotiated in good faith and in the confidence inspired by the recom mendation of the Senate. The subsequent transactions in relation to this treaty will form the subject of a separate communication. The appropriations made by Congress for public works, as \\ell in the construction of fortifications, as for pur poses of internal improvement, so for as they have been expended, have been faithfully applied. Their progress has been delayed by the want of suitable officers for su perintending them. An increase of both the corps of engineers, military and topographical, was recommended by my jpedecessor at the last session of Congress. T he reasons upon which that recommendation was founded, subsist in all their force, and have acquired additional urgency since that time. It may also be expedient to organize the topographical engineers into a corps similar to the present establishment of the corps of engineers. The Military Academy at West Point will furnish, from the cadets annually graduated there, officers well quali fied for carrying this measure into effect. The board of engineers for internal improvement, ap pointed for carrying into execution the act of Congress of 30th April, 1824, " to procure the necessary surveys, plans and estimates, on the subject of roads and canals," have been actively engaged in that service from the close of the last session of Congress. They have completed the surveys necessary for ascertaining the practicability of a canal from the Chesapeake bay to the Ohio river, and are preparing a full report on that subject, which, when completed, will be laid before you. The same ob servation is to be made with regard to the two other ob jects of national importance, upon which the board have been occupied; namely, the acGomplishmpnt of a natiou- 10 110 THE TRUE REPUBLICAN. $il road from this city to New Orleans, and the practica bility of uniting- the waters of Lake Memphremagog with Connecticut river, and the improvement of the naviga tion of that river. The surveys have been made, and are nearly completed. The report may be expected at an early period during the present session of Congress. The acts of Congress of the last session, relative to the surveying, marking, or laying out roads in the territory of Florida, Arkansas, and Michigan, from Missouri to Mexico, and for the continuation of the Cumberland road, are, some of them, fully executed, and others in the pro cess of execution. Those for completing or commencing fortifications, have been delayed only so far as the corps of engineers have been inadequate to furnish officers for the necessary superintendence of the works. Under the act confirming the statutes of Virginia and Maryland, in corporating the Chesapeake and 6hio Canal Company, three commissioners on the part of the United States have been appointed for opening books and receiving subscrip tions, in concert with alike number of comnttssioners appointed on the part of each of those states. A meet ing of the commissioners has been postponed, to await, the definitive report of the board of engineers. The light houses and monuments for the safety of our commerce and mariners ; the works for the security of Plymouth Beach, and for the preservation of the islands in Boston harbor, have received the attention required by the laws relating to those objects, respectively. The continuation of the Cumberland road, the most important of them all, after surmounting no inconsiderable difficulty in fixing upon the direction of the road, has commenced under the most promising auspices, with the improvements of recent invention in the mode of construction, and with the advantage of a great reduction in the comparative cost of the work. The operation of the laws relating to the revolutionary pensioners may deserve the renewed consideration of Congress. The act of the 18th March, 1818, while it made provision for many meritorious and indigent citi zens who had served in the war of independence, opened a door to numerous abuses an-d impositions. To remedy j. Q. ADAMS FIRST ANNUAL MESSAGE. 1 1 1 this, the act of 1st May, 1820, exacted proofs of absolute indigence, which many really in want were unable, and all, susceptible of that delicacy which is allied to many virtues, must be deeply reluctant to give. The result has been, that some among the least deserving have been re tained, and some in whom the requisites both of worth and want were combined, have been stricken from the list. As the numbers of these venerable relics of an age gone by, di minish; as the decays of body, mind and estate, of those that survive, must, in the common course of nature, in crease ; should not a more liberal portion of indulgence be dealt out to them ? May not the want in most instances be inferred from the demand, when the service can be duly proved ; and may not the last days of human infirmity be spared the mortification of purchasing a pittance of re lief, only by the exposure of its own necessities ? I sub mit to Congress the expediency of providing for individu al cases of this description, by special enactment, or of revising the act of the 1st of May, 1820, with a view to mitigate the rigor of its exclusions, in favor of persons to whom charity, now bestowed, can scarcely discharge the debt of justice. The portion of the naval force of the Union, in actual service, has been chiefly employed on three stations : the Mediterranean, the coasts of South America bordering on the Pacific ocean, and the West Indies. An occasion al cruiser has been sent to range along the African shores most polluted by the traffic of slaves ; one armed vessel has been stationed on the coast of our eastern boundary, to cruise along the fishing grounds in Hudson s Bay, and on the coast of Labrador ; and the first service of a new frigate has been performed, in restoring to his native soil and domestic enjoyments, the veteran hero whose youth ful blood and treasure had freely flowed in the cause of our country s independence, and whose whole life has been a series of services and sacrifices to the improve ment of his fellow-men. The visit of General Lafayette, alike honorable to himself and to our country, closed, as it had commenced, with the most affecting testimonials of devoted attachment on his part, and of unbounded gratitude of this people to him in return. It will form, 112 THE TRUE REPUBLICAN. hereafter, a pleasing incident in the annals of our Union, giving to real history the intense interest of romance, and signally marking the unpurchasable tribute of a great nation s social affections to the disinterested champion of the liberties of human kind. The constant maintenance of a small squadron in the Mediterranean, is a necessary substitute for the humilia ting alternative of paying tribute for the security of our commerce in that sea, and for a precarious peace, at the mercy of every caprice of four Barbary states, by whom it was liable to be violated. An additional motive for keeping a respectable force stationed there at this time, is found in the maritime war raging between the Greeks and the Turks ; and in which the neutral navigation of this Union is always in danger of outrage and depreda tion. A few instances have occurred of such depreda tions upon our merchant vessels by privateers or pirates wearing the Grecian flag, but without real authority from the Greek or any other government. The heroic strug gles of the Greeks themselves, in which our warmest sym pathies as freemen and Christians have been engaged, have continued to be maintained with vicissitudes of success adverse and favorable. Similar motives have rendered expedient the keep ing of a like force on the coasts of Peru and Chili, on the Pacific. The irregular and convulsive character of the war upon the shores, has been extended to the con flicts upon the ocean. An active warfare has been kept up for years, with alternate success, though generally to the advantage of the American patriots. But their naval forces have not always been under the control of their own governments. Blockades, unjustifiable under any ac knowledged principles of international law, have been proclaimed by officers in command ; and though disavow ed by the supreme authorities, the protection of our own commerce against them has been made a cause of com plaint and erroneous imputations against some of the most gallant officers of our navy. Complaints equally ground less have been made by the commanders of the Spanish royal forces in those seas ; but the most effective protec tion to our commerce has been the fla? and the firmness j. Q. ADAMS FIRST ANNUAL MESSAGE. 113 of our own commanding officers. The cessation of the war, by the complete triumph of the patriot cause, has removed, it is hoped, all cause of dissention with one party, and all vestige of force of the other. But an un settled coast of many degrees of latitude, forming a part of our own territory, and a flourishing commerce and fish ery, extending to the islands of the Pacific and to China, still require that the protecting power of the Union should be displayed under its flag, as well upon the ocean as upon the land. The objects of the West Indies squadron have been, to carry into execution the laws for the suppression of the African slave trade ; for the protection of our commerce against vessels of piratical character, though bearing commissions from either of the belligerent parties : for its protection against open and unequivocal pirates. These objects, during the present year, have been ac complished more effectually than at any former period. The African slave trade has long been excluded from the use of our flag; and if some few citizens of our country have continued to set the laws of the Union, as well as those of nature and humanity, at defiance, by persevering in that abominable traffic, it has been only by sheltering themselves under the banners of other nations, less earn est for the total extinction of the trade than ours. The irregular privateers have, within the last year, been in a great measure banished from those seas ; and the pirates, for months past, appear to have been almost entirely swept away from the borders and the shores of the two Spanish islands in those regions. The active, perseve ring, and unremitted energy of Captain Warrington, and of the officers and men under his command, on that trying and perilous service, have been crowned with sig nal success, and are entitled to the approbation of their country. But experience has shown that not even a temporary suspension or relaxation from assiduity can be indulged on that station without reproducing piracy and murder in all their horrors ; nor is it probable that, for years to come, our immensely valuable commerce in those seas can navigate in security, without the steady contin uance of an armed force devoted to its protection. 10* 114 THE TRUE REPUBLICAN. It were indeed a vain and dangerous illusion to believe that in the present or probable condition of human socie ty, a commerce so extensive and so rich as> ours could exist and be pursued in safety, without the continual sup port of a military marine the only arm by which the power of this confederacy can be estimated or felt by foreign nations, and the only standing militaiy force which can never be dangerous to our own liberties at home. A permanent naval peace establishment, therefore, adapted to our present condition, and adaptable to that gigantic growth with which the nation is advancing in its career, is among the subjects which have already occupied the foresight of the last Congress, and which will deserve your serious deliberations. Our navy, commenced at an early period of our present political organization, upon a scale commensurate with the incipient energies, the scan ty resources, and the comparative indigence of our infan cy, was even then found adequate to cope with all the powers of Barbary, save the first, and with one of the principal maritime powers of Europe. At a period of further advancement, but with little ac cession of strength, it not only sustained with honor the most unequal of conflicts, but covered itself and our coun try with unfading glory. But it is only since the close of the late war that, by the numbers and force of the ships of which it was composed, it could deserve the name of a navy. Yet it retains nearly the same organi zation as when it consisted of only five frigates. The rules and regulations by which it is governed earnestly call for revision ; and the want of a naval school of in struction, corresponding with the Military Academy at West Point, for the formation of scientific and accom plished officers, is felt with daily increasing aggravation. The act of Congress of 26th of May, 1824, authori zing an examination and survey of the harbor of Charles ton, in South Carolina, of St. Mary s, in Georgia, and of the coast of Florida, and for other purposes, has been executed so far as the appropriation would admit. Those of the third of March last, authorizing the establish ment of a navy yard and depot on the coast of Florida, in the Gulf of Mexico, and authorizing the building of j. Q. ADAMS FIRST ANNUAL MESSAGE. lib ten sloops of war, and for other purposes, are in the course of execution : for the particulars of which and other objects connected with this department, I refer to the report of the Secretary of the Navy herewith commu nicated. A report from the Postmaster-general is also submit ted, exhibiting the present nourishing condition of that department. For the first time for many years, the re ceipts for the year ending on the first of July last, ex ceeded the expenditures during the same period, to the amount of more than forty-five thousand dollars. Other facts, equally creditable to the administration of this de partment, are, that in two years from the first of July, 1823, an improvement of more than one hundred and eighty-five thousand dollars, in its pecuniary affairs, has been realized ; that, in the same interval, the increase of the transportation of the mail has exceeded one million five hundred thousand miles annually ; and that one thou sand and forty new post-offices have been established. It hence appears, that under judicious management, the income from this establishment may be relied on as fully adequate to defray its expenses ; and that, by the discon tinuance of post roads, altogether unproductive, others of more useful character may be opened, till the circulation of the mail shall keep pace with the spread of our popu lation, and the comforts of friendly correspondence, the exchanges of internal traffic, and the lights of the period ical press, shall be distributed to the remotest corners of the Union, at a charge scarcely perceptible to any indi vidual, and without the cost of a dollar to the public trea sury. Upon this first occasion of addressing the legislature of the Union, with which I have been honored, in pre senting to their view the execution, so far as it has been effected, of the measures sanctioned by them, for promo ting the internal improvement of our country, I cannot close the communication without recommending to their calm and persevering consideration the general prin ciple in a more enlarged extent. The great object of the institution of civil government is the improvement of the condition of those who are parties to the social 116 THE TRUE REPUBLICAN. compact. And no government, in whatever form con stituted, can accomplish the lawful ends of its institution, but in proportion as it improves the condition of those over whom it is established. Roads and canals, by mul tiplying and facilitating the communications and inter course between distant regions and multitudes of men, are among the most important means of improvement, But moral, political and intellectual improvement, are duties assigned by the Author of eur existence, to social, no less than to individual man. For the fulfilment of those duties, governments are invested with power; and, to the attainment of the end, the progressive improve ment of the condition of the governed, the exercise of delegated powers is a duty as sacred and indispensable, as the usurpation of powers not granted is criminal and odious. Among the first, perhaps the very first instru ment for the improvement of the condition of men, is knowledge; and to the acquisition of much of the know ledge adapted to the wants, the comforts, and enjoyments of human life, public institutions and seminaries of learning are essential. So convinced of this was the first of my predecessors in this office, now first in the memory as, living, he was first in the hearts of our coun try, that once and again, in his addresses to the Con gresses with whom he co-operated in the public service, he earnestly recommended the establishment of seminaries of learning, to prepare for all the emergencies of peace and war a national university, and a military academy. With respect to the latter, had he lived to the present day, in turning his eyes to the institution at West Point, he would have enjoyed the gratification of his most ear nest wishes. But, in surveying the city which has been honored with his name, he would have seen the spot of earth which he had destined and bequeathed to the use and benefit of his country as the site for a university, still bare and barren. In assuming her station among the civilized nations of the earth, it would seem that our country had contracted the engagement to contribute her share of mind, of labor, and of expense, to the improvement of those parts of knowledge which lie beyond the reach of individual j. Q. ADAMS FIRST ANNUAL MESSAGE. 117 acquisition; and particularly to geographical and astro nomical science. Looking back to the history only of half the century since the declaration of our indepen dence, and observing the generous emulation with which the governments of France, Great Britain, and Russia, have devoted the genius, the intelligence, the treasures of their respective nations, to the common improvement of the species in these branches of science, is it not in cumbent upon us to inquire whether we are not bound by obligations of a high and honorable character to con tribute our portion of energy and exertion to the common stock? The voyages of discovery prosecuted in the course of that time at the expense of those nations, have not only redounded to their glory, but to the improvement of human knowledge. We have been partakers of that improvement, and owe for it a sacred debt, not only of gratitude, but of equal and proportional exertion in the same common cause. Of the cost of these undertakings, if the mere expenditures of outfit, equipment, and com pletion of the expeditions, were to be considered the only charges, it would be unworthy of a great and gene rous nation to take a second thought. One hundred expeditions of circumnavigation, like those of Cook and La Perouse, would not burden the exchequer of the na tion fitting them out, so much as the ways and means of defraying a single campaign in war. But if we take into the account the lives of those benefactors of man kind, of which their services in the cause of their species were the purchase, how shall the cost of those heroic enterprises be estimated? And what compensation can be made to them, or to their countries for them ? Is it not by bearing them in affectionate remembrance ? Is it not still more by imitating their example? by enabling countrymen of our own to pursue the same career, and to hazard their lives in the same cause? On inviting the attention of Congress on the subject of internal improvements, upon a view thus enlarged, it is not my design to recommend the equipment of an expe dition for circumnavigating the globe for purposes of scientific research and inquiry. We have objects of useful investigation nearer home, and to which our cares 118 THE TRUE REPUBLICAN. may be more beneficially applied. The imtitor of our own territories has yet been very imperfectly explored. Our coasts, along many degrees of latitude upon the shores of the Pacific ocean, though much frequented by our spirited commercial navigators, have been barely visited by our public ships. The river of the west, first fully discovered and navigated by a countryman of our own, still bears the name of the ship in which he as cended its waters, and claims the protection of our armed national flag at its mouth. With the establishment of a military post there, or at some othei point of that coast, recommended by my predecessor, and already matured in the deliberations of the last Congress, I would suggest the expediency of connecting the equipment of a public ship for the exploration of the whole north-west coast of this continent. The establishment of a uniform standard of weights and measures, was one of the specific objects contem plated in the formation of our constitution ; and to fix that standard was one of the powers delegated by express terms, in that instrument, to Congress. The governments of Great Britain and France have scarcely ceased to be occupied with inquiries and speculations on the same subject, since the existence of our constitution ; and with them it has expanded into profound, laborious, and expensive researches into the figure of the earth, and the comparative length of the pendulum vibrating seconds in various latitudes, from the equator to the pole. These researches have resulted in the composition and publica tion of several works highly interesting to the cause ot science. The experiments are yet in the process of per formance. Some of them have recently been made on our own shores, within the walls of one of our own col leges, and partly by one of our own fellow-citizens. It would be honorable to our country if the sequel of the same experiments should be countenanced by the patron age of our government, as they have hitherto been by those of France and Greet Britain. Connected with the establishment of a university, or separate from it, might be undertaken the erection o. an astronomical observatory, with provision for the support j. Q. ADAMS FIRST ANNUAL MESSAGE. 1 19 of an astronomer, to be in constant attendance of ob servation upon the phenomena of the heavens ; and fo r the periodical publication of his observations. It is with no feeling of pride, as an American, that the remark may be made, that, on the comparatively small territorial surface of Europe, there are existing upwards of one hundred and thirty of these light-houses of the skies ; while through out the whole American hemisphere there is not one. If we reflect a moment upon the discoveries which, in the last four centuries, have been made in the physical constitution of the universe, by the means of these build ings, and of observers stationed in them, shall we doubt of their usefulness to every nation ? And while scarcely a year passes over our heads without bringing some new astronomical discovery to light, which we must fain re ceive at second hand from Europe, are we not cutting ourselves off from the means of returning light for light, while we have neither observatory nor observer upon our half of the globe, and the earth revolves in perpetual darkness to our unsearching eyes? When, on the 25th of October, 1791, the first Presi dent of the United States announced to Congress the re sult of the first enumeration of the inhabitants of this Union, he informed them that the returns gave the plea sing assurance that the population of the United States bordered on four millions of persons. At the distance of thirty years from that time, the last enumeration, five years since completed, presented a population bordering on ten millions. Perhaps of all the evidences of a pros perous and happy condition of human society, the rapid ity of the increase of population is the most unequivo cal. But the demonstration of our prosperity rests not alone upon this indication. Our commerce, our wealth, and the extent of our territories have increased in corres ponding proportions ; and the number of independent communities, associated in our federal Union, has, since that time, nearly doubled. The legislative representation of the states and people, in the two houses of Congress, has grown with the growth of their constituent bodies. The House, which then consisted of sixty-five members, now numbers upwards of two hundred. The Senate-, 120 THE TRUE REPUBLICAN. which consisted of twenty-six members, has now forty- eight. But the executive, and still more the judiciary departments, are yet in a great measure confined to their primitive organization, and are now not adequate to the urgent wants of a still growing community. The naval armaments, which at an early period forced themselves upon the necessities of the Union, soon led to the establishment of a department of the navy. But the departments of foreign affairs and of the interior, which, early after the formation of the government, had been united in one, continue so united to this time to the unquestionable detriment of the public service. The multiplication of our relations with the nations and go vernments of the old world, has kept pace with that of our population and commerce, while, within the last ten years, a new family of nations, in our own hemisphere, has arisen among the inhabitants of the earth, with whom our intercourse, commercial and political, would, of it self, furnish occupation to an active and industrious de partment. The constitution of the judiciary, experimen tal and imperfect as it was, even in the infancy of our existing government, is yet more inadequate to the admin istration of national justice at our present maturity. Nine years have elapsed since a predecessor in this office, now not the last, the citizen who perhaps of all others through out the Union, contributed most to the formation and establishment of our constitution, in his valedictory ad dress to Congress, immediately preceding his retirement from public life, urgently recommended the revision of the judiciary, and the establishment of an additional exe cutive department. The exigencies of the public service and its unavoidable deficiencies, as now in exercise, have added yearly cumulative weight to the considerations pre sented by him as persuasive to the measure ; and in re commending it to your deliberations, I am happy to have the influence of his high authority in aid of the uridoubt- ing convictions of my own experience. The laws relating to the administration of the Patent Office are deserving of much consideration, and perhaps susceptible of some improvement. The grant of power to regulate the action of Congress on this subject, has J. Q. ADAMS FIRST ANNUAL MESSAGE. 121 specified both the end to be obtained and the means by which it is to be effected, " to promote the progress of science and the useful arts, by securing, for limited times, to authors and inventors the exclusive right to their re spective writings and discoveries." If an honest pride might be indulged in the reflection, that on the records of that office are already found inventions, the usefulness of which has scarcely been transcended in the annals of human ingenuity, would not its exultation be allayed by the inquiry, whether the laws have effectively insured to the inventors the reward destined to them by the consti tution even a limited term of exclusive right to their dis coveries ? On the 24th of December, 1799, it was resolved by Congress, that a marble monument should be erected by the United States, in the capitol, at the city of Washing ton ; that the family of General Washington should be requested to permit his body to be deposited under it; and that the monument be so designed as to commemorate the great events of his military and political life. In re minding Congress of this resolution, and that the monu ment contemplated by it remains yet without execution, I shall indulge only the remarks, that the works at the capitol are approaching to completion ; that the consent of the family, desired by the resolution, was requested and obtained ; that a monument has been recently erected in this city, over the remains of another distinguished patriot of the revolution ; and that a spot has been reserved with in the walls where you are deliberating for the benefit of this and future ages, in which the mortal remains may be deposited of him whose spirit hovers over you, and listens with delight to every act of the representatives of his nation which can tend to exalt and adorn his and their country. The constitution under which you are assembled, is a charter of limited powers. After full and solemn delibe ration upon all or any of the objects which, urged by an irresistible sense of my own duty, I have recommended to your attention, should you come to the conclusion, that, however desirable in themselves, the enactment of laws for effecting them would transcend the powers committed 11 122 THE TRUE RKPUBLICAN. to you by that venerable instrument which we are all bound t.o support ; let no consideration induce you to as sume the exercise of powers not granted to you by the people. But ii the power to exercise exclusive legisla tion in all cases whatsoever, over the District of Colum bia; if the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States ; if the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes ; to fix the standard of weights and measures; to establish post-offices and post-roads; to declare war ; to raise and support armies ; to provide and maintain a navy ; to dis pose ot and make all needful rules and regulations re specting the territory or other property belonging to the United States ; and to make all laws which shall be ne cessary and proper for carrying these powers into execu tion : if these powers, and others enumerated in the con stitution, may be effectually brought into- action by laws promoting the improvement of agriculture, commerce, and manufactures, the cultivation and encouragement of the mechanic and of the elegant arts, the advancement of literature, and the progress of the sciences, orna mental and profound ; to refrain from exercising them for the benefit of the people themselves, would be to hide in the earth the talent committed to our charge would be treachery to the most sacred of trusts. The spirit of improvement is abroad upon the earth. It stimulates the hearts and sharpens the faculties, not of our fellow-citizens alone, but of the nations of Europe, and of their rulers. While dwelling with pleasing satis faction upon the superior excellence of our political in stitutions, let us not be unmindful that liberty is power ; that the nation blessed with the largest portion of liberty, must, in proportion to its numbers, be the most power ful nation upon earth ; and that the tenure of power by man is, in the moral purposes of his Creator, upon condition that it shall be exercised to ends of beneficence, to improve the condition of himself and his fellow-men. While foreign nations, less blessed with that freedom which is power than ourselves, are advancing with gigan- j. Q. ADAMS FIRST ANNUAL MESSAGE. ] <!3 tic strides in the career of public improvement; were we to slumber in indolence, or fold up our arms and proclaim to the world that we are palsied by the will of our consti tuents, would it not be to cast away the bounties of Pro vidence, and doom ourselves to perpetual inferiority ? In the course of the year now drawing to its close, we have beheld, under the auspices and expense of one state in our Union, a new university unfolding its portals to the sons of science, and holding up the torch of human improve ment to eyes that seek the light. We have seen under the persevering and enlightened enterprise of another state, the waters of our western lakes mingle with those of the ocean. If undertakings like these have been ac complished in the compass of a few years, by the autho rity of single members of our confederation, can we, the representative authorities of the whole Union, fall behind our fellow servants in the exercise of the trust committed to us for the benefit of our common sovereign, by the ac complishment of works important to the whole, and to which neither the authority nor the resources of any one state can be adequate ? Finally, fellow-citizens, I shall await, with cheering hope and faithful co-operation, the resultof your delibera tions ; assured that, without encroaching upon the pow ers reserved to the authorities of the respective states, or to the people, you will, with a due sense of your obliga tions to your country, and of the high responsibilities weighing upon yourselves, give efficacy to the means com mitted to you for the common good. And may He who searches the hearts of the children of men, prosper your exertions to secure the blessings of peace and promote the highest welfare of our country. 124 THE TRUE REPUBLICAN. JACKSON S INAUGURAL ADDRESS, MARCH 4, 1829. Fellow Citizens : About to undertake the arduous duties that I have been appointed to perform, by the choice of a free people, I avail myself of this customary and solemn occasion to ex press the gratitude which their confidence inspires, and to acknowledge the accountability which my situation en joins. While the magnitude of their interests convinces me that no thanks can be adequate to the honor they have conferred, it admonishes me that the best return I can make, is the zealous dedication of my humble abili ties to their service and their good. As the instrument of the federal constitution, it will devolve upon me, for a stated period, to execute the laws of the United States ; to superintend their foreign and confederate relations ; to manage their revenue ; to com mand their forces ; and, by communications to the legis lature, to watch over and to promote their interests gene rally. And the principles of action by which I shall endeavor to accomplish this circle of duties, it is now proper for me briefly to explain. In administering the laws of Congress, I shall keep steadily in view the limitations as well as the extent of the executive power, trusting thereby to discharge the functions of my office, without transcending its authority. With foreign nations, it will be my study to preserve peace, and to cultivate friendship on fair and honorable terms ; and in the adjustment of any differences that may exist or arise, to exhibit the forbearance becoming a powerful nation, rather than the sensibility belonging to a gallant people. In such measures as I may be called on to pursue, in regard to the rights of the separate states, I hope to be animated by a proper respect for those sovereign members of our Union; taking care not to confound the powers they have reserved to themselves with those they have granted to the confederacy. ^ ^f^ JACKSON S INAUGURAL ADDRESS. 125 The management of the public revenue that search ing operation of all governments is among the most delicate and important trusts in ours ; and it will, of course, demand no inconsiderable share of my official solicitude. Under every aspect in which it can be con sidered, it would appear that advantage must result from the observance of a strict and faithful economy. This I shall aim at the more anxiously, both because it will facili tate the extinguishment of the national debt, the unne cessary duration of which is incompatible with real inde pendence, and because it will counteract that tendency to public and private profligacy which a profuse expendi ture of money by the government is but too apt to en gender. Powerful auxiliaries to the attainment of this desirable end, are to be found in the regulations provided by the wisdom of Congress for the specific appropriation of public money, and the prompt accountability of pub lic officers. With regard to a proper selection of the subjects of impost, with a view to revenue, it would seem to me that the spirit of equity, caution, and compromise, in which the constitution was formed, requires that the great interests of agriculture, commerce and manufac tures, should be equally favored, and that perhaps the only exception to this rule should consist in the peculiar en couragement of any products of either of them that may be found essential to our national independence. Internal improvement and the diffusion of knowledge, so far as they can be promoted by the constitutional acts of the federal government, are of high importance. Considering standing armies as dangerous to free go vernments in time of peace, I shall not seek to enlarge our present establishment, nor to disregard that salutary lesson of political experience which teaches that the mili tary should be held subordinate to the civil power. The gradual increase of our navy, whose flag has displayed, in distant climes, our skill in navigation, and our fame in arms ; the preservation of our forts, arsenals, and dock yards ; and the introduction of progressive improvements in the discipline and science of both branches of our military service, are so plainly prescribed by prudence that I should be excused for omitting their mention, sooner 11* 126 THE TRUE REPUBLICAN. than enlarging on their importance. But the bulwark of our defence is the national militia, which, in the pre sent state of our intelligence and population, must render us invincible. As long as our government is administered for the good of the people, and is regulated by their will; as long as it secures to us the right of person and pro perty, liberty of conscience, and of the press, it will be worth defending ; and so long as it is worth defending, a patriotic militia will cover it with an impenetrable aegis. Partial injuries and occasional mortifications we may be subjected to ; but a million of armed freemen, possessed of the means of war, can never be conquered by a fo reign foe. To any just system, therefore, calculated to strengthen this natural safeguard of the country, I shall cheerfully lend all the aid in my power. It will be my sincere and constant desire to observe towards the Indian tribes within our limits, a just and liberal policy ; and to give that, humane and considerate attention to their rights and their wants, which are con sistent with the habits of our government and the feelings of our people. The recent demonstration of public sentiment inscribes on the list of executive duties, in characters too legible to be overlooked, the task of reform ; which will require, particularly the correction of those abuses that have brought the patronage of the federal government into conflict with the freedom of elections, and the counter action of those causes which have disturbed the rightful course of appointment, and have placed or continued power in unfaithful or incompetent hands. In the performance of a task thus generally delineated, I shall endeavor to select men whose diligence and talents will insure, in their respective stations, able and faithful co-operation depending for the advancement of the pub lic service, more on the integrity and zeal of the public officers, than on their numbers. A diffidence, perhaps too just, in my own qualifications, will teach me to look with reverence to the examples of public virtue left by my illustrious predecessors, and with veneration to the lights that flow from the mind that found ed and the mind that reformed our system. The same JACKSON S FIRST ANNUAL MESSAGE. 127 diffidence induces me to hope for instruction and aid from the co-ordinate branches of the government, and for the indulgence and support of my fellow-citizens gene rally. And a firm reliance on the goodness of that Pow er whose providence mercifully protected our national infancy, and has since upheld our liberties in various vicissitudes, encourages me to offer up my ardent suppli cations that He will continue to make our beloved coun try the object of his divine care and gracious benediction JACKSON S FIRST ANNUAL MESSAGE, DECEMBER 8, 1829. Fellow-Citizens of the Senate, and House of Representatives : It affords me pleasure to tender my friendly greetings to you on the occasion of your assembling at the seat of government, to enter upon the important duties to which you have been called by the voice of our countrymen. The task devolves on me, under a provision of the consti tution, to present to you, as the federal legislature of twenty-four sovereign states, and twelve millions of happy people, a view of our affairs ; and to propose such mea sures as, in the discharge of my official functions, have suggested themselves as necessary to promote the objects of our Union. In communicating with you for the first time, it is to me a source of unfeigned satisfaction, calling for mutual gratulation and devout thanks to a benign Providence, that we are at peace with all mankind ; and that our country exhibits the most cheering evidence of general welfare and progressive improvement. Turning our eyes to other nations, our great desire is to see our brethren of the human race secured in the blessings they enjoy by ourselves, and advancing in knowledge, in freedom, and in social happiness. 128 THE TRUE REPUBLICAN. Our foreign relations, although in their general cha racter pacific and friendly, present subjects of difference between us and other powers of deep interest, as well to the country at large as to many of our citizens. To ef fect an adjustment of these shall continue to be the ob ject of my earnest endeavors ; and notwithstanding the difficulties of the task, I do not allow myself to appre hend unfavorable results. Blessed as our country is with every thing which constitutes national strength, she is fully adequate to the maintenance of all her interests. In discharging the responsible trust confided to the executive in this respect, it is my settled purpose to ask nothing that is not clearly right, and to submit to nothing that is wrong; and I flatter myself, that, supported by the other branches of the government, and by the intelligence and patriotism of the people, we shall be able, under the pro tection of Providence, to cause all our just rights to be respected. Of the unsettled matters between the United States and other powers, the most prominent of those which have for years been the subject of negotiation with Eng land, France, and Spain. The late periods at which our ministers to those governments left the United States, render it impossible, at this early day, to inform you of what has been done on the subjects with which they have been respectively charged. Relying upon the justice of our views in relation to the points committed to negotia tion, and the reciprocal good feeling which characterizes our intercourse with those nations, we have the best rea son to hope for a satifactory adjustment of existing dif ferences. With Great Britain, alike distinguished in peace and war, we may look forward to years of peaceful, honora ble, and elevated competition. Every thing in the condi tion and history of the two nations is calculated to inspire sentiments of mutual respect, and to carry conviction to the minds of both, that it is their policy to preserve the most cordial relations. Such are my own views ; and it is not to be doubted that such are also the prevailing sen timents of our constituents. Although neither time nor opportunity has boon afforded for a full development of JACKSON S FIRST ANNUAL MESSAGE. 129 the policy which the present cabinet of Great Britain de signs to pursue towards this country, I indulge the hope that it will be of a just and pacific character ; and if this anticipation be realized, we may look with confidence to a speedy and acceptable adjustment of our affairs. Under the convention for regulating the reference to arbitration the disputed points of boundary under the fifth article of the treaty of Ghent, the proceedings have hitherto been conducted in the spirit of candor and libe rality which ought ever to characterize the acts of sove reign states, seeking to adjust, by the most unexception able means, important and delicate subjects of contention. The first statements of the parties have been exchanged, and the final replication on our part is in a course of pre paration. This subject has received the attention de manded by its great and peculiar importance to a patriotic member of this confederacy. The exposition of our rights, already made, is such as from the high reputation of the commissioners by whom it has been prepared, we had a right to expect. Our interests at the court of the sovereign who has evinced his friendly disposition, by assuming the delicate task of arbitration, have been com mitted to a citizen of the state of Maine, whose charac ter, talents, and intimate acquaintance with the subject, eminently qualify him for so responsible a trust. With full confidence in the justice of our cause, and in the pro bity, intelligence, and uncompromising independence of the illustrious arbitrator, we can have nothing to appre hend from the result. From France, our ancient ally, we have a right to ex pect that justice which becomes the sovereign of a pow erful, intelligent, and magnanimous people. The benefi cial effects produced by the commercial convention of 1822, limited as are its provisions, are too obvious not to make a salutary impression upon the minds of those who are charged with the administration of her government. Should this result induce a disposition to embrace to their full extent the wholesome principles which constitute our commercial policy, our minister to that court will be found instructed to cherish such a disposition, and to aid 130 THE TRUE REPUBLICAN. in conducting it to useful practical conclusions. The claims of our citizens for depredations upon their pro perty, long since committed under the authority, and in many instances, by the express direction, of the then ex isting government of France, remained unsatisfied; and must, therefore, continue, to furnish a subject of unplea sant discussion, and possible collision, between the two governments. I cherish, however, a lively hope, founded as well on the validity of those claims, and the established policy of all enlightened governments, as on the known integrity of the French monarch, that the injurious delays of the past will find redress in the equity of the future. Our minister has been instructed to press these demands on the French government with all the earnestness which is called for by their importance and irrefutable justice ; and in a spirit that will evince the respect which is due to the feelings of those from whom the satisfaction is re quired. Our minister recently appointed to Spain has been authorized to assist in removing evils alike injurious to both countries, either by concluding a commercial con vention upon liberal and reciprocal terms; or by urging the acceptance, in their full extent, of the mutually bene ficial provisions of our navigation act. He has also been instructed to make a further appeal to the justice of Spain, in behalf of our citizens, for indemnity for spoliations upon our commerce, committed under her authority an appeal which the pacific and liberal course observed on our part, and a due confidence in the honor of that go vernment authorized us to expect will not be made in vain. With other European powers, our intercourse is on the most friendly footing. In Russia, placed by her territo rial limits, extensive population, and great power, high in the rank of nations, the United States have always found a steadfast friend. Although her recent invasions of Tur key awakened a lively sympathy for those who were ex posed to the desolations of war, we cannot but anticipate that the result will prove favorable to the cause of civili zation, and to the progress of human happiness. The treaty of peace between these powers having been ratified, JACKSON S FIRST ANNUAL MESSAGE. 131 we cannot be insensible to the great benefit to be derived by the commerce of the United States from unlocking the navigation of the Black Sea a free passage into which is secured to all merchant vessels bound to ports of Rus sia under a flag at peace with the Porte. This advan tage, enjoyed upon conditions, by most of the powers ol Europe, has hitherto been withheld from us. During the past summer, an antecedent but unsuccessful attempt to obtain it, was renewed under circumstances which pro mised the most favorable results. Although these results have fortunately been thus in part attained, further facili ties to the enjoyment of this new field for the enterprise of our citizens are, in my opinion, sufficiently desirable to insure to them our most zealous attention. Our trade with Austria, although of secondary import ance, has been gradually increasing ; and is now so ex tended as to deserve the fostering care of the government. A negotiation, commenced and nearly completed with that power, by the late administration, has been consum mated by a treaty of amity, navigation and commerce, which will be laid before the Senate. During the recess of Congress, o.ur diplomatic relations with Portugal have been resumed. The peculiar state of things in that country caused a suspension of the recognition of the representative who presented himself, until an opportunity was had to obtain from our official organ there, information regarding the actual, and, as far as practicable, prospective condition of the authority by which the representative in question was appointed. This information being received, the application of the esta blished rule of our government, in like cases, was no longer withheld. Considerable advances have been made during the present year in the adjustment of claims of our citizens upon Denmark for spoliations ; but all that we have a right to demand from that government in their behalf has not yet been conceded. From the liberal footing, however, upon which this subject has, with the approbation of the claimants, been placed by the government, together with the uniformly just and friendly disposition which has been evinced by his Danish majesty, there is a reasonable 132 THE TRUE REPUBLICAN. ground to hope that this single subject of difference will speedily be removed. Our relations with the Barbary powers continue, as they have long been, of the most favorable character. The policy of keeping an adequate force in the Mediterra nean, as security for the continuance of this tranquillity will be persevered in ; as well as a similar one for the protection of our commerce and fisheries in the Pacific. The southern republics of our hemisphere have not yet realized all the advantages for which they have been so long struggling. We trust, however, that the day is not distant when the restoration of peace and internal quiet, under permanent systems of government, securing the liberty, and promoting the happiness of the citizens, will crown, with complete success, their long and arduous efforts in the cause of self-government ; and enable us to salute them as friendly rivals in all that is truly great and glorious. The recent invasion of Mexico, and the effect thereby produced upon her domestic policy, must have a control ling influence upon the great question of South Ameri can emancipation. We have seen the fell spirit of civil dissension rebuked, and, perhaps, forever stifled in that republic by the love of independence. If it be true, as appearances strongly indicate, that the spirit of indepen dence is the master spirit ; and if a corresponding senti ment prevails in the other states, this devotion to liberty cannot be without a proper effect upon the counsels of the mother country. The adoption by Spain of a pacific policy towards her former colonies an event consoling to humanity, and a blessing to the world, in which she herself cannot fail largely to participate may be most reasonably expected. The claims of our citizens upon the South American governments generally, are in a train of settlement, while the principal part of those upon Brazil have been adjusted; and a decree in council, ordering bonds to be issued by the minister of the treasury for their amount, has received the sanction of his imperial majesty. This event, toge ther with the exchange of the ratifications of the treaty negotiated and concluded in 1828, happily terminates all serious causes of difference with that power. JACKSON S FIRST ANNUAL MESSAGE. 133 Measures have been taken to place our commercial re- iations with Peru upon a better footing than that upon which they have hitherto rested ; and it met by a proper disposition on the part of that government, important bene fits may be secured to both countries. Deeply interested as we are in the prosperity of our sister republics ; and more particularly in that of our immediate neighbor, it would be most gratifying to me were I permitted to say, that the treatment which we have received at her hands has been as universally friendly, as the early and constant solicitude manifested by the United States for her success, gave us a right to expect. But it becomes my duty to inform you that prejudices long in dulged by a portion of the inhabitants of Mexico against the envoy extraordinary and minister plenipotentiary of the United States, have had an unfortunate influence upon the affairs of the two countries ; and have diminished that usefulness to his own which was justly to be expected from his talents and zeal. To this cause in a great de gree is to be imputed the failure of several measures equally interesting to both parties ; but particularly that of the Mexican government to ratify a treaty negotiated and concluded in its own capital, and under its own eye. Under these circumstances, it appeared expedient to give to Mr. Poinsett the option either to return or not, as in his judgment the interest of his country might require, and instructions to that end were prepared ; but before they could be despatched, a communication was received from the government of Mexico, through its charge d af faires here, requesting the recall of our minister. This was promptly complied with; and a representative of a rank corresponding with that of the Mexican diplomatic agent near this government was appointed. Our conduct towards that republic has been uniformly of the most friendly character; and having thus removed the only alleged obstacle to harmonious intercourse, I cannot but hope that an advantageous change will occur in our affairs. Injustice to Mr. Poinsett, it is proper to say, that my immediate compliance with the application for his recall, and the appointment of a successor, are not to be ascri bed to any evidence that the imputation of an improper 12 134 THE TRUE REPUBLICAN. interference by him, in the local politics of Mexico, was well founded ; nor to a want of confidence in his talents or integrity ; and to add, that the truth of that charge has never been affirmed by the federal government of Mexico, in their communications with this. I consider it one of the most urgent of my duties to bring to your attention the propriety of amending that part of our constitution which relates to the election of President and Vice-President. Our system of govern ment was, by its framers, deemed an experiment ; and they, therefore, consistently provided a mode of remedy ing its defects. To the people belongs the right of electing their chief magistrate ; it was never designed that their choice should, in any case, be defeated, either by the intervention of electoral colleges, or by the agency confided, under cer tain contingencies, to the House of Representatives. Expe rience proves, that, in proportion as agents to execute the will of the people are multiplied, there is danger of their wishes being frustrated. Some may be unfaithful; all are liable to err. So far, therefore, as the people can, with con venience, speak, it is safer for them to express their own will. The number of aspirants to the presidency, and the diversity of the interests which may influence their claims, leave little reason to expect a choice in the first instance ; and, in that event, the election must devolve on the House of Representatives, where, it is obvious, the will of the people may not be always ascertained; or, if ascertained, may not be regarded. From the mode of voting by states, the choice is to be made by twenty-four votes ; and i* may often occur, that one of those will be controlled by an individual representative. Honors and offices are aJ the disposal of the successful candidate. Repeated bal- lottings may make it apparent that a single individual holds the cast in his hand. May he not be tempted to name his reward ? But even without corruption sup posing the probity of the representative to be proof against the powerful motives by which it may be assailed the will of the people is still constantly liable to be misrepre sented. One may err from ignorance of the wishes of his constituents ; another, from the conviction that it is JACKSON S FIRST ANNUAL MESSAGE. 135 his duty to be governed by his own judgment of the fitness of the candidates ; finally, although all were inflexibly honest all accurately informed of the wishes of their constituents yet, under the present mode of election, a minority may often elect the President; aud when this happens, it may reasonably be expected that efforts will be made on the part of the majority to rectify this injuri ous operation of their institutions. But although no evil of this character should result from such a perversion of the first principles of our system that the majority is to govern it must be very certain that a President elected by a minority cannot enjoy the confidence necessary to the successful discharge of his duties. In this, as in all other matters of public concern, policy requires that as few impediments as possible should exist to the free operation of the public will. Let us then endeavor to so amend our system, that the office of chief magistrate may not be conferred upon any citizen, but in pursuance of a fair expression of the will of the majority. I would therefore recommend such an amendment of the constitution as may remove all intermediate agency in the election of the President and Vice- President. The mode may be so regulated as to preserve to each state its present relative weight in the election ; and a failure in the first attempt may be provided for, by confiding the second to a choice between the two highest candidates. In connection with such an amendment, it would seem advisable to limit the service of the chief magistrate to a single term of either four or six years. If, however, it should not be adopted, it is worthy of consideration whether a provision disqualifying for office, the represen tatives in Congress on whom such an election may have devolved, would not be proper. While members of Congress can be constitutionally apppointed to offices of trust and profit, it will be the practice, even under the most conscientious adherence to duty, to select them for such stations as they are believed to be better qualified to fill than other citizens ; but the purity of our government would doubtless be promoted by their exclusion from all appointments in the gift of the President, in whose election they may have been ofh- 136 THE TRUE REPUBLICAN. daily concerned. The nature of the judicial office, and the necessity of securing in the cabinet and diplomatic stations of the highest rank, the best talents and political experience, should, perhaps, except these from the ex clusion. There are perhaps few men who can for any great length of time enjoy office and power, without being more or less under the influence of feelings unfavorable to the faithful discharge of their public duties. Their integrity may be proof against improper considerations immedi ately addressed to themselves ; but they are apt to acquire a habit of looking with indifference upon the public in terests, and of tolerating conduct from which an unprac tised man would revolt. Office is considered as a species of property ; and government rather as a means of pro moting individual interest, than as an instrument created solely for the service of the people. Corruption in some, and in others a perversion of correct feelings and princi ples, divert government from its legitimate ends, and make it an engine for the support of the few at the ex pense of the many. The duties of all public officers are, or at least admit of being made so plain and simple that men of intelligence may readily qualify themselves for their performance ; and I cannot but believe that more is lost by the long continuance of men in office than is generally to be gained by their experience. I submit therefore to your consideration whether the efficiency of the govern ment would not be promoted, and official industry and integrity better secured by a general extension of the law which limits appointments to four years. In a country where offices are created solely for the benefit of the people, no one man has any more intrinsic right to official station than another. Offices were not established to give support to particular men at the pub lic expense. No individual wrong is therefore done by removal, since neither appointment to nor continuance in office is matter of right. The incumbent became an offi cer with a view to the public benefits ; and when these require his removal, they are not to be sacrificed to pri vate interests. It is the people, and they alone, who have a right to complain, when a bad officer is substituted for JACKSON S FIRST ANNUAL MESSAGE. 137 a good one. He who is removed has the same means of obtaining a living that are enjoyed by the millions who never held office. The proposed limitation would destroy- the idea of property, now so generally connected with official station ; and although individual distress may be sometimes produced, it would, by promoting that rotation which constitutes a leading principle in the republican creed, give healthful action to the system. No very considerable change has occurred during the recess of Congress, in the condition of either our agri culture, commerce, or manufactures. The operation of the tariff has not proved so injurious to the two former, or as beneficial to the latter, as was anticipated. Importa tions of foreign goods have not been sensibly diminished ; while domestic competition, under an illusive excitement, has increased the production much beyond the demand for home consumption. The consequences have been, low prices, temporary embarrassment, and partial loss. That such of our manufacturing establishments as are based upon capital, and are prudently managed, will sur vive the shock, and be ultimately profitable, there is no good reason to doubt. To regulate its conduct, so as to promote equally the prosperity of these three cardinal interests, is one of the most difficult tasks of government; and it may be regret ted that the complicated restrictions which now embarrass the intercourse of nations, could not by common consent be abolished; and commerce allowed to flow in those channels to which individual enterprise, always its surest guide, might direct it. But we must ever expect selfish legislation in other nations ; and are therefore compelled to adapt our own to their regulations, in the manner best calculated to avoid serious injury, and to harmonize the conflicting interests of our agriculture, our commerce, and our manufactures. Under these impressions, I invite your attention to the existing tariff, believing that some of its provisions require modification. The general rule to be applied in graduating the duties upon the articles of foreign growth or manufacture, is that which will place our own in fair competition with those of other countries : and the inducements to advance 12* 138 THE TRUE REPUBLICAN. even a step beyond this point, are controlling in regard to those articles which are of primary necessity in time of war. When we reflect upon the difficulty and delicacy of this operation, it is important that it should never be attempted but with the utmost caution. Frequent legis lation in regard to any branch of industry, affecting its value, and by which its capital may be transferred to new channels, must always be productive of hazardous specu lation and loss. In deliberating, therefore, on these interesting subjects, local feelings and prejudices should be merged in the patriotic determination to promote the great interests of the whole. All the attempts to connect them with the party conflicts of the day are necessarily injurious, and should be discountenanced. Our action upon them should be under the control of higher and purer motives. Legislation, subjected to such influence, can never be just ; and will not long retain the sanction of the people, whose active patriotism is not bounded by sectional lim its, nor insensible to that spirit of concession and for bearance which gave life to our political compact, and still sustains it. Discarding all calculations of political ascendency, the north, the south, the east, and the west, should unite in diminishing any burden, of which either may justly complain. The agricultural interest of our country is so essen tially connected with every other, and so superior in im portance to them all, that it is scarcely necessary to invite to it your particular attention. It is principally as ma nufactures and commerce tend to increase the value of agricultural productions, and to extend their application to the wants and comforts of society, that they deserve the fostering care of government. Looking forward to the period, not far distant, when a sinking fund will no longer be required, the duties on those articles of importation which cannot come in com petition with our own productions, are the first that should engage the attention of Congress in the modifica tion of the tariff. Of these, tea and coffee are the most prominent; they enter largely into the consumption of the country, and have become articles of necessity to all JACKSON S FIRST ANNUAL MESSAGE. 139 classes. A reduction, therefore, of the existing duties, will be felt as a common benefit; but, like all other legis lation connected with commerce, to be efficacious, and not injurious, it should be gradual and certain. The public prosperity is evinced in the increased reve nue arising from the sales of public lands ; and in the steady maintenance of that produced by imposts and ton nage, notwithstanding the additional duties imposed by the act of 19th May, 1828, and the unusual importations in the early part of that year. The balance in the treasury on the 1st January, 1829, was 85,972,435 81. The receipts of the current year are estimated at $24,602,230 ; and the expenditures for the same time at $26,164,595. Leaving a balance in the treasury, on the 1st of January next, of $4,410,070 81. There will have been paid on account of the public debt during the present year, the sum of $12,405,005 80 ; reducing the whole debt of the government on the first of January next, to $48,565,406 50, including seven millions of five per cent, stock subscribed to the Bank of the United States. The payment on account of the public debt, made on the first of July last, was $8,715,462 87 cents. It was apprehended that the sudden withdrawal of so large a sum from the banks in which it was deposit ed, at a time of unusual pressure in the money market, might cause much injury to the interests dependent on bank accommodations. But this evil was wholly averted by an early anticipation of it at the treasury, aided by the judicious arrangements of the officers of the Bank of the United States. The state of the finances exhibits the resources of the nation in an aspect highly flattering to its industry, and auspicious of the ability of the government, in a very short time to extinguish the public debt. When this shall be done, our population will be relieved from a con siderable portion of its present burdens; and will find not only new motives to patriotic affection, but additional means for the display of individual enterprise. The fis cal power of the states will also be increased ; and may be more extensively exerted in favor of education ami other public objects; while ample means will remain 140 THE TRUE REPUBLICAN". in the federal government to promote the general weal, in all the modes permitted to its authority. After the extinction of the public debt, it is not proba ble that any adjustment of the tariff, upon principles satisfactory to the people of the Union, will, until a re mote period, if ever, leave the government without a considerable surplus in the treasury, beyond what may be required for its current service. As, then, the period approaches when the application of the revenue to pay ment of the debt will cease, the disposition of the sur plus will present a subject for the serious deliberation of Congress ; and it may be fortunate for the country that it is yet to be decided. Considered in connection with the difficulties which have heretofore attended appropria tions for purposes of internal improvement, and with those which this experience tells us will certainly arise, when ever power over such subjects may be exercised by the general government ; it is hoped that it may lead to the adoption of some plan which will reconcile the diversi fied interests of the states, and strengthen the bonds which unite them. Every member of the Union, in peace and in war, will be beneiitted by the improvement of inland navigation, and the construction of highways in the seve ral states. Let us then endeavor to attain this benefit in a mode that will be satisfactory to all. That hitherto adopted has, by many of our fellow-citizens, been depre cated as an infraction of the constitution ; while by others it has been viewed as inexpedient. All feel that it has been employed at the expense of harmony in the legislative councils. To avoid these evils, it appears to me that the most safe, just, and federal disposition which could be made of this surplus revenue, would be its apportionment among the several states, according to their ratio of re presentation ; and should this measure not be found war ranted by the constitution, that it would be expedient to propose to the states an amendment authorizing it. I regard an appeal to the source of power, in all cases of real doubt, and where its exercise is deemed advisable to the general welfare, as among the most sacred of all our obligations. Upon this country, more than any other, JACKSON S FIRST ANXUAL MESSAGE. 141 has, in the Providence of God, been cast the special guardianship of the great principle of adherence to writ ten constitutions. If it fail here, all hope in regard to it will be extinguished. That this was intended to be a government of limited and specific, and not general pow ers, must be admitted by all ; and it is our duty to pre serve for it the character intended by its framers. If experience points out the necessity for an enlargement of these powers, let us apply for it to those for whose benefit it is to be exercised ; and not undermine the whole system by a resort to overstrained constructions. The scheme has worked well. It has exceeded the hopes of those who devised it, and become an object of admira tion to the world. We are responsible to our country and to the glorious cause of self-government, for the preservation of so great a good. The great mass of legis lation relating to our internal affairs, was intended to be left where the federal convention found it in the state governments. Nothing is clearer, in my view, than that we are chiefly indebted for the success of the constitution under which we are now acting, to the watchful and aux iliary operation of the state authorities. This is not the reflection of a day, but belongs to the most deeply rooted convictions of my mind. I cannot, therefore, too strong ly or too earnestly, for my own sense of its importance, warn you against all encroachment upon the legitimate sphere of state sovereignty. Sustained by its healthful and invigorating influence, the federal system can never fall. In the collection of the revenue, the long credits au thorized on goods imported from beyond the Cape of Good Hope are the chief cause of the losses at present sustained. If these were shortened to six, nine, and twelve months, and warehouses provided by government, sufficient to receive the goods offered in deposite for se curity and for debenture ; and if the right of the United States to a priority of payment out of the estates of its insolvent debtors was more effectually secured, this evil would in a great measure be obviated. An authority to construct such houses is, therefore, with the proposed alteration of the credits, recommended to your attention. 142 THE TRUE REPUBLICAN. It is worthy of notice, that the laws for the collection and security of the revenue arising from imposts, were chiefly framed when the rates of duties on imported goods presented much less temptation for illicit trade than at present exists. There is reason to believe that these laws are, in some respects, quite insufficient for the proper security of the revenue, and the protection of the interests of those who are disposed to observe them. The injurious and demoralizing tendency of a successful sys tem of smuggling is so obvious as not to require com ment, and cannot be too carefully guarded against. I therefore suggest to Congress the propriety of adopting efficient measures to prevent this evil, avoiding, however, as much as possible, every unnecessary infringement of individual liberty/- and embarrassment of fair and lawful business. On an examination of the records of the treasury, I have been forcibly struck with the large amount of pub lic money which appears to be outstanding. Of this sum thus due from individuals to the government, a conside rable portion is undoubtedly desperate ; and in many in stances, has probably been rendered so by remissness in the agents chaiged with its collection. By proper exer tions, a great part, however, may yet be recovered ; and whatever may be the portions respectively belonging to these two classes, it behoves the government to ascertain the real state of the fact. This can be done only by the prompt adoption of judicious measures for the collection of such as may be made available. It is believed that a very large amount has been lost through the inadequacy of the means provided for the collection of debts due to the public; and that this inadequacy lies chiefly in .the want of legal skill, habitually and constantly employed in the direction of the agents engaged in the service. It must, I think, be admitted, that the supervisory power over suits brought by the public, which is now vested in an accounting officer of the treasury, not selected with a view to his legal knowledge, and encumbered as he is with numerous other duties, operates unfavorably to the public interest. It is important that this branch of the public service JACKSON a FIRST ANNUAL MESSAGE. 143 should be subject to the supervision of such professional skill as will give it efficacy. The expense attendant upon such a modification of the executive department, would be justified by the soundest principles of economy. I would recommend, therefore, that the duties now assigned to the agent of the treasury, so far as they relate to the superintendence and management of legal proceedings on the part of the United States, to be transferred to the attorney-general ; and that this officer be placed on the same footing in all respects, as the heads of the other departments receiving like compensation, and having such subordinate officers provided for his department, as may be requisite for the discharge of these additional duties. The professional skill of the attorney-general, employed in directing the conduct of marshals and dis trict attorneys, would hasten the collection of debts now in suit, and hereafter save much to the government. It might be further extended to the superintendence of all criminal proceedings for offences against the United States. In making this transfer, great care should be taken, how ever, that the power necessary to the treasury depart ment be not impaired ; one of its greatest securities con sisting in a control over all accounts until they are audited or reported for suit. In connexion with the foregoing views, I would sug gest, also, an inquiry, whether the provisions of the act of Congress, authorizing the discharge of the persons of debtors to the government from imprisonment, may not, consistently with the public interest, be extended to the release of the debt, where the conduct of the debtor is wholly exempt from the imputation of fraud. Some more liberal policy than that which now prevails in reference to this unfortunate class of citizens is certainly due to them, and would prove beneficial to the country. The continuance of the liability after the means to discharge it had been exhausted, can only serve to dispirit the debtor; or where his resources are but partial, the want of power in the government to compromise and release the demand, instigates to fraud, as the only resource for securing a support to his family. He thus sinks into a state of apathy, or becomes a useless drone in society, 01 144 THE TRUE REPUBLICAN. a vicious member of it, if not a feeling witness of the ri gor and inhumanity of his country. All experience proves that an oppressive debt is the bane of enterprise ; and it should be the care of a republic not to exert a grinding power over misfortune and poverty. Since the last session of Congress, numerous frauds on the treasury have been discovered, which I thought it my duty to bring under the cognizance of the United States Court, for this district, by a criminal prosecution. It was rny opinion, and that of able counsel who were consulted, that the cases came within the penalties of the act of the 17th Congress, approved 3d March, 1823, pro viding for the punishment of frauds committed on the government of the United States. Either from some de fect in the law or in its administration, every effort to bring the accused to trial under its provisions proved ineffectu al, and the government was driven to the necessity of resorting to the vague and inadequate provisions of the common law. It is therefore my duty to call your atten tion to the laws which have been passed for the protection of the treasury. If, indeed, there is no provision by which those who may be unworthily intrusted with its guardianship, can be punished for the most flagrant vio lation of duty, extending even to the most fraudulent appropriation of the public funds to their own use, it is lime to remedy so dangerous an omission. Or, if the law has been perverted from its original purposes, and criminals deserving to be punished under its provisions, have been rescued by legal subtil ties, it ought to be made so plain, by amendatory provisions, as to baffle the arts of perversion, and accomplish the ends of its original enact ment. In one of the most flagrant cases, the court decided that the prosecution was barred by the statute which limits prosecutions for fraud to two years. In this case all the evidences of the fraud, and indeed all knowledge that a fraud had been committed, were in the possession of the party accused, until after the two years had elapsed. Surely the statute ought not to run in favor of any man while he retains all the evidences of his crime in his own possession ; add least of all, in favor of a public officer JACKSON S FIRST ANNUAL MESSAGE. 145 who continues to defraud the treasury, and conceal the transaction for the brief term of two years. I would therefore recommend such an alteration of the law as will give the injured party and the government two years after the disclosure of the fraud, or after the accused is out of office, to commence their prosecution. In connection with this subject, I invite the attention of Congress to a general and minute inquiry into the condition of the government; with a view to ascertain what offices can he dispensed with, what expenses re trenched, and what improvements may be made in the organization of its various parts to secure the proper re sponsibility of public agents, and promote efficiency and justice in all its operations. The report of the Secretary of War will make you acquainted with the condition of our army, fortifications, arsenals, and Indian affairs. The proper discipline of the army, the training and equipment of the militia, the education bestowed at West Point, and the accumulation of the means of defence, applicable to the naval force, will tend to prolong the peace we now enjoy, and which every good citizen, more especially those who have felt the miseries of even a successful warfare, most ardently desire to perpetuate. The returns from the subordinate branches of this service exhibit a regularity and order highly creditable to its character: both officers and soldiers seem imbued with a proper sense of duty, and conform to the restraints of exact discipline with that cheerfulness which becomes the profession of arms. There is need, however, of fur ther legislation to obviate the inconveniences specified in the report under consideration ; to some of which it is proper that I should call your particular attention. The act of Congress of the 2d March, 1821, to reduce and fix the military establishment, remaining unexecuted as it regards the command of one of the regiments of artillery, cannot now be deemed a guide to the executive in making the proper appointment. An explanatory act, designating the class of officers out of which this grade is to be filled whether from the military list, as existing prior to the act of 1821, or from it, as it has been fixed 13 146 TilE TRUE REPUBLICAN. by that act would remove this difficulty. It. is also im portant that the laws regulating the pay and emoluments of the officers generally, should be more specific than they now are. Those, for example, in relation to the paymaster and surgeon-general, assign to them an annual salary of $2,500 ; but are silent as to allowances which, in certain exigencies of the service, may be deemed in dispensable to the discharge of their duties. This cir cumstance has been the authority for extending to them various allowances at different times under foimer admi nistrations ; but no uniform rule has been observed on the subject. Similar inconveniences exist in other cases, in which the construction put upon the laws by the pub lic accountants may operate unequally, produce confu sion, and expose officers to the odium of claiming what is not their due. I recommend to your fostering care, as one of our safest means of national defence, the Military Academy. This institution has already exercised the happiest influ ence upon the moral ami intellectual character of our army ; and such of the graduates as, from various causes, may not pursue the profession of arms, will be scarcely less useful as citizens. Their knowledge of the mili tary art will be advantageously employed in the militia service ; and in a measure secure to that class of troops the advantages which in this respect belong to standing armies. I would also suggest a review of the pension law, foi the purpose of extending its benefits to every revolution ary soldier who aided in establishing our liberties, and who is unable to maintain himself in comfort. Those relics of the war of independence have strong claims upon their country*s gratitude and bounty. The law is de fective in not embracing within its provisions all those who were during the last war disabled from supporting themselves by manual labor. Such an amendment would add but little to the amount of pensions, and is called for by the sympathies of the people, as well as by considera tions of sound policy. It will be perceived that a large addition to the list of pensioners has been occasioned by an order of the late administration, departing materially JACKSOK S FIHST ANNUAL MESSAGE. 147 from the rules which had previously prevailed. Consider ing it an act of legislation, I suspended its operation as soon as I was informed that it had commenced. Before this period, however, applications under the new regula tion had been pieferred, to the number of one hundred and fifty -four: of which, on the 27th March, the dale of its revocation, eighty-seven weie admitted. For the amount there was neither estimate nor appropriation ; and besides this deficiency, the regular allowances, ac- coiding to the rules whicli have heretofore governed the department, exceed the estimate of its late secretary, by about fifty thousand dollars, for which an appropriation is asked. Your particular attention is requested to that part of the report of the Secretary of War which relates to the money held in trust for the Seneca tribe of Indians. It will be perceived that, without legislative aid, the execu tive cannot obviate the embarrassments occasioned by the diminution of the dividends on that fund, which ori ginally amounted to $100,000, and has recently been vested in the United States three per cent, stock. The condition and ulterior destiny of the Indian tribes within the limits of some of our states, have become ob jects of much interest and importance. It has long been the policy of government to introduce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This poli.-y has, however, been coupled with another wholly incompatible with its success. Professing a desire to civilize and settle them, we have at the same lime lost no opportunity to purchase their lands, and thrust them further into the wilderness. By this means they have not only been kept in a wander ing state, but been led to look upon us as unjust and in different to their fate. Thus, though lavish in expendi tures upon the subject, government has constantly defeat ed its own policy ; and the Indians, in general, rece ding further and further to the west, have retained their savage habits. A portion, however, of the southern tribes, having mingled much with the whites, and made some progress in the arts of civilized life, have lately at tempted to erect an independent government within the 148 THE TRUE REPUBLICAN. limits of Georgia and Alabama. These states, claiming to be the only sovereigns within their territories, extend ed their laws over the Indians ; which induced the latter to call upon the United States for protection. Under these circumstances, the question presented was, whether the general government had a right to sustain those people in their pretensions. The constitution de clares, that * no new state shall be formed or erected within the jurisdiction of any other state," without t^e consent of its legislature. If the general government is not permitted to tolerate the erection of a confederate state within the territory of one of the members of this Union, against her consent, much less could it allow a foreign and independent government to establish itself there. Georgia became a member of the confederacy which eventuated in our federal union, as a sovereign state, always asserting her claim to certain limits ; which having been originally defined in her colonial charter, and subsequently recognized in the treaty of peace, she has ever since continued to enjoy, except as they have been circumscribed by her own voluntary transfer of a portion of her territory to the United States, in the articles of cession of 1802. Alabama was admitted into the Union on the same footing with the original states, with boun daries which were prescribed by Congress. There is no constitutional, conventional, or legal provision, which allows them less power over the Indians within their bor ders, than is possessed by Maine or New York. Would the people of Maine permit the Penobscot tribe to erect an independent government within their state? and unless they did, would it not be the duty of the general govern ment to support them in resisting such a measure? Would the people of New York permit each remnant of the Six Nations within her borders, to declare itself an independent people under the protection of the United States? Could the Indians establish a separate republic in each of their reservations in Ohio ? and if they were so disposed, would it be the duty of this government to protect them in the attempt? If the principle involved in the obvious answer to these questions be abandoned. it will follow that the objects of this government are re- us versed ; and that it has become a part of its duty to aid in destroying the stales which it was established to pro tect. Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama, that their attempt to establish an independent government would not be countenanced by the executive of the Uni ted States; and advised them to emigrate beyond the Mississippi, or submit to the laws of those states. Our conduct towards these people is deeply interesting to our national character. Their present condition, con trasted with what they once were, makes a most powerful appeal to our sympathies. Our ancestors found them the uncontrolled possessors of these vast regions. By per suasion and force they have been made to retire from river to river, and from mountain to mountain, until some of the tribes have become extinct, and others have left but remnants, to preserve, for a while, their once terrible names. Surrounded by the whites, with their arts of ci vilization, which, by destroying the resources of the sa vage, doom him to weakness and decay ; the fate of the Mohegan, the Narragansett, and the Delaware, is fast overtaking the Choctaw, the Cherokee, and the Creek. That this fate surely awaits them if they remain within the limits of the states, does not admit of a doubt. Hu manity and national honor demand that every effort should be made to avert so great a calamity. It is too late to inquire whether it was just in the United States to include them and their territory within the bounds of new states whose limits they could control. That step can not be retraced. A state cannot be dismembered by Congress, or restricted in the exercise of her constitu tional power. But the people of those states, and of every state, actuated by fe. lings of justice and a regard for our national honor, submit to you the interesting question, whether something cannot be done, consistently with the rights of the states, to preserve this much inju red race. As a means of effecting this end, I suggest for your consideration the propriety of setting apart an ample dis trict west of the Mississippi, and without the limits of 13* 150 THE TRUE REPUBLICAN. any state or territory now formed, to be guaranteed tu the Indian tribes, as long as they shall occupy it ; each iribe having a distinct control over the portion designated foi its use. There they may be secured in the enjoyment 01 governments of their own choice, subject to no oiher con trol from the United States than such as may be neces sary to preserve peace on the frontier, and between tne several tribes. There the benevolent may endeavor to teach them the arts of civilization; and, by promoting union and harmony among them, to raise up an interest ing commonwealth, destined to perpetuate the race, and to attest the humanity and justice of this government. This emigration should be voluntary; for it would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers, and seek a home in a distant land. But they should be distinctly informed that, if they re main within the limits of the states, they must be subject to their laws. In return for their obedience as individu als, they will, without doubt, be protected in the enjoy ment of those possessions which they have improved by their industry. But it seems to me visionary to suppose, that in this state of things, claims can be allowed on tracts of country on which they have neither dwelt nor made improvements, merely because they have seen them from the mountain, or passed them in the chase. Sub mitting to the laws of the states, and receiving, like other citizens, protection in their persons, and property, they will ere long become merged in the mass of our population. The accompanying report of the Secretary of the Navy will make you acquainted with the condition and useful employment of that branch of our service during the present year. Constituting, as it does, the best stand ing security of this country against foreign aggression, it claims the especial attention of government. In this spirit, the measures which, since the termination of the last war, have been in operation for its gradual enlarge ment were adopted ; and it should continue to be che rished as the offspring of our national experience. It will be seen, however, that notwithstanding the great so licitude which has been manifested for the perfect orga- 151 nization of this arm, and the liberality of the appropria tions which that solicitude has suggested, this object has in many important respects, not been secured. In time of peace we have need of no more ships of war than are requisite to the protection of our commerce Those not wanted for this object, must by in the harbors, where, without proper covering, they rapidly decay ; and even under the best precautions for their preservation, must soon become useless. Such is already the case with many of our finest vessels ; which, though unfinished, will now require immense sums of money to be restored to the condition in which they were when committed to their proper element. On this subject there can be little doubt that our best policy would be to discontinue the building of the first and second class, and look rather to the pos session of ample materials, prepared for the emergencies of war, than to the number of vessels which we can float in a season of peace, as the index of our naval power. Judicious deposites in the navy-yards, of timber and other materials, fashioned under the hands of skilful workmen, and fitted for prompt application to their various purposes, would enable us, at all times, to construct vessels as fast as they can be manned ; and save the heavy expense of repairs, except to such vessels as must be employed in guarding our commerce. The proper points for the esta blishments of these yards are indicated with so much force in the report of the Navy Board, that, in recom mending it to your attention, I deem it unnecessary to do more than express my hearty concurrence in their views. The yard in this district, being already furnished with most of the machinery necessary for ship building, will be competent to the supply of the two selected by the board as the best for the concentration of materials ; and from the facility and certainty of communication between them, it will be useless to incur, at those depots, the ex pense of similar machinery, especially that used in pre paring the usual metallic and wooden furniture of vessels. Another improvement would be effected by dispensing altogether with the Navy Board, as now constituted, and substituting in its stead, bureaus similar to those already existing in the War department. Each member of the 15*2 THE TRUE RKPUBLICAN. board, transferred to the head of a separate bureau charged with specific duties, would feel, in its highest degree, that wholesome responsibility which cannot be divided without a far more proportionate diminution of its force. Their valuable services would become still more so when sepa rately appropriated to distinct portions of the great inte rests of the navy ; to the prosperity of which each would be impelled to devote himself by the strongest motives. Uiuler such an arrangement, every branch of this impor tant service would assume a more simple and precise character: its efficiency would be increased, and scrupu lous economy in the expenditure of public money pro moted. I would also recommend that the marine corps be merged in the artillery, or infantry, as the best mode of curing the many defects in its organization. But little exceeding in number any of the regiments of infantry, that corps h;is, besides its lieutenant-colonel commandant, five brevet lieutenant-colonels, who receive the full pay and emoluments of their brevet rank, without rendering proportionate service. Details for marine service could as well be made from the artillery or infantry there being no peculiar training requsite for it. With these improvements, and snch others as zealous watchfulness and mature consideration may suggest, there can be little doubt that, under an energetic administration of its affairs, the navy may soon be made every thing that the nation wishes it to be. Its efficiency in the suppres sion of piracy in the West India seas, and wherever its squadrons have been employed in securing the interests of the country, will appear from the report of the secre tary to which I refer you, for other interesting details. Among these I would bespeak the attention of Congress from the views presented in iclation to the inequality between the army and navy as to the pay of officers. No such inequality should prevail between these brave defenders of their country ; and where it does exist, it is submitted to Congress whether it ought not to be recti fied. The report of the Postmaster-general is referred to as exhibiting a highly satisfactory administration of tha JACKSON S FIRST ANNUAL MESSAGE. 133 department. Abuses have been reformed ; increased ex pedition in the transportation of the mail secured ; and its revenue much improved. In a political point of view this department is chiefly important as affording the means of diffusing knowledge. It is to the body politic what the veins and arteries are to the natural conveying ra pidly and regularly to the remotest parts of the system, correct information of the operations of the government ; and bringing back to it the wishes and feelings of the people. Through its agency, we have secured to our selves the full enjoyment of the blessings of a free press. In this general survey of our affairs, a subject of high importance presents itself in the present organization of the judiciary. A uniform operation of the federal go vernment in the different states is certainly desirable ; and existing as they do in the Union, on the basis of per fect equality, each state has a right to expect that the benefits conferred on the citizens of others should be ex tended to hers. The judicial system of the United States exists in all its efficiency in only fifteen members of the Union : to three others, the circuit courts, which consti tute an important part of that system, have been imper fectly extended; and to the remaining six, altogether de nied. The effect has been to withhold from the inhabi tants of the latter, the advantages afforded (by the supreme court) to their fellow-citizens in other states, in the whole extent of the criminal, and much of the civil authority of the federal judiciary. That this state of things ought to be remedied, if it can be done consistently with the pub lic welfare, is not to be doubted : neither is it to be dis guised that the organization of our judicial system is at once a difficult and delicate task. To extend the circuit courts equally throughout the different parts of the Union, and at the same time, to avoid such a mul tiplication of members as would encumber the supreme appellate tribunal, is the object desired. Perhaps it might be accomplished by dividing the circuit judges into two classes, and providing that the supreme court should be held by those classes alternately the chief justice always presiding. If an extension of the circuit court system to those 154 THE TRUE REPUBLICAN. states which do not now enjoy its benefits should be de termined upon, it would of course be necessary to revise the present arrangements of the circuits ; and even u that system should not be enlarged, suoh a revision is recom mended. A provision for taking the census of the people of the United Slates will, to insure the completion of that work within a convenient time, claim the early attention of Congress. The great and constant increase of business in the De partment of State forced itself, at an early period, upon the attention of the executive. Thirteen years a#o, it was in Mr. Madison s last message to Congress maue the subject of a>i earnest recommendation, which has be^u re peated by both of his successors ; and my comparatively limited experience has satisfied me of its justness. It has arisen from many causes, not the least of wuich is the large addition that has been made to the family of in dependent nations, and the proportionate extension of our foreign relations. The remedy proposed was Lie esta blishment of a Home Department a measure wh.ch does not appear to have met the views of Congress, on account of its supposed tendency to increase gradually, and im perceptibly, the already too strong bias of tht federal system towards the exercise of authority not delegated to it. I am not, therefore, disposed to revive the reu>mnien- dation ; but am not the less impressed with the impor tance of so organizing that department, that its secretary may devote more of his time to our foreign iclations. Clearly satisfied that the public good would be promoted by some suitable provision on the subject, I respectfully invite your attention to it. The charter of the Bank of the United States expires in 1836, and its stockholders will most probably apply for a renewal of their privileges. In order to avoid the evils resulting from precipitancy in a measure involving such important principles, and such deep pecuniary interests, 1 feel that I cannot, in justice to the parties interested, too soon present it to the deliberate consideration of the legislature and the people. Both the constitutionality and the expediency of the law creating this bank are well JACKSON S FIRST ANNUAL MESSAGE. 155 questioned by a large portion of our fellow-citizens ; and it must be admitted by all, that it has failed in the great end of establishing a uniform and sound currency. Under these circumstances, if such an institution is deemed essential to the fiscal operations of the govern ment, I submit to the wisdom of the legislature whether a national one, founded upon the credit of the govern ment and its revenues, might not be devised, which would cvoid all constitutional difficu ties ; and at the same time, secure all the advantages to the government and country that were expected to result from the present bank. I cannot close this communication without bringing to your view the just claim of the representatives of Com modore Decatur, his officers and crew, arising from the re-capture of the frigate Philadelphia, under the heavy batteries of Tripoli. Although sensible, as a general rule, of the impropriety of executive interference under a gov ernment like ours, where every individual enjoys the light of directly petitioning Congress ; yet viewing this case as one of very peculiar character, [ deem it my duty to recommend it to your favorable consideration. Be sides the justice of this claim, as corresponding to those which have been since recognized and satisfied, it is the fruit of a deed of patriotic and chivalrous daring, which infused life and confidence into our infant navy, and con tributed, as much as any exploit in its history, to elevate our national character. Public gratitude, therefore, stamps iier seal upon it; and the meed should not be withheld which may hereafter operate as a stimulus to our gallant tars. I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on his merciful providence for the maintenance of our free institutions ; and with an earnest supplication, that whatever errors it may be my lot to commit, in discharging the arduous du ties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels. 15G THE TRUE REPUBLICAN. JACKSON S FAREWELL ADDRESS. Fellow Citizens: Being about to retire finally from public life, I beg leav to offer you my grateful thanks for the many proofs of kindness and confidence which I have received at your hands. It has been my fortune, in the discharge of public duties, civil and military, frequently to have found myself in difficult and trying situations, where prompt decision and energetic action were necessary, and where the inte rests of the country required that high responsibilities should be fearlessly encountered ; and it is with the deep est emotions of gratitude that I acknowledge the continued and unbroken confidence with which you have sustained me in every trial. My public life has been a long one, and I cannot hope that it has at all times been free from errors. But I have the consolation of knowing that if mistakes have been committed, they have not seriously injured the country I so anxiously endeavored to serve ; and at the moment when I surrender my last public trust, 1 leave this great people prosperous and happy; in the full enjoyment of liberty and peace ; and honored and respected by every nation of the world. If my humble efforts have, in any degree, contributed to preserve to you these blessings, I have been more than rewarded by the honor you have heaped upon me ; and, above all, by the generous confidence with which you have supported me in every peril, and with which you have continued to animate and cheer my path to the closing hour of my political life. The time has now come, when advanced age and a broken frame warn me to re tire from public concerns ; but the recollection of the many favors you have bestowed upon me is engraven upon my heart, and I have felt that I could not part from your service without making this public acknowledgment of the gratitude I owe you. And if I use the occasion to offer to you the counsels of age and experience, you will, I trust, receive them with the same indulgent kindness which you have so often extended to me ; and will, at least, JACKSON S FAREWELL ADDRESS. 157 see in them an earnest desire to perpetuate, in this favor ed land, the blessings of liberty and equal laws. We have now lived almost fifty years under the consti tution framed by the sages and patriots of the revolution. The conflicts in which the nations of Europe were en gaged during a great part of this period ; the spirit in which they waged war with each other; and our intimate commercial connections with every part of the civilized world, rendered it a time of much difficulty for the go vernment of the United States. We have had our sea sons of peace and of war, with all the evils which precede or follow a state of hostility with powerful nations. We encountered these trials with our constitution yet in its infancy, and under the disadvantages which a new and untried government must always feel when it is called to put forth its whole strength, without the lights of expe rience to guide it, or the weight of precedent to justify its measures. But we have passed triumphantly through all these difficulties. Our constitution is no longer a doubtful experiment ; and at the end of nearly half a century, we find that it has preserved unimpaired the liberties of the people, secured the rights of property, and that our coun try has improved, and is flourishing beyond any former example in the history of nations. In our domestic concerns, there is every thing to en courage us ; and if you are true to yourselves, nothing can impede your march to the highest point of national prosperity. The states which had so long been retarded in their improvement, by the Indian tribes residing in the midst of them, are at length relieved from the evil ; and this unhappy race the original dwellers in our land are now placed in a situation where we may well hope that they will share in the blessings of civilization, and be saved from that degradation and destruction to which they were rapidly hastening while they remained in the states ; and while the safety and comfort of our own citizens have been greatly promoted by tfieir removal, the philan thropist will rejoice that the remnant of that ill-fated race has been at length placed beyond the reach of injury or oppression, and that the paternal care of the general 14 158 THE TRUE REPUBLICAN. government will hereafter watch over them and protect them. If we turn to our relations with foreign powers, we find our condition equally gratifying. Actuated by the sincere desire to do justice to every nation, and to pre serve the blessing of peace, our intercourse with them has been conducted on the part of this government in the spirit of frankness, and I take pleasure in saying that it has generally been met in a corresponding temper. Difficulties of old standing have been surmounted by friendly discussion and the mutual desire to be just; and the claims of our citizens, which had been long withheld, have at length been acknowledged and adjusted, and satis factory arrangements made for their final payment ; and with a limited, and, 1 trust, a temporary exception, our relations with every foreign power are now of the most friendly character, our commerce continually expanding, and our flag respected in every quarter of the world. These cheering and grateful prospects, and these mul tiplied favors, we owe, under Providence, to the adoption of the federal constitution. It is no longer a question whether this great country can remain happily united, and flourish under our present form of government. Expe rience, the unerring test of all human undertakings, has shown the wisdom and foresight of those who framed it, ; and has proved, that in the union of these states there is a sure foundation for the brightest hopes of freedom, and for the happiness of the people. At every hazard, and by every sacrifice, this union must be preserved. The necessity of watching with jealous anxiety for the preservation of the union, was earnestly pressed upon his fellow-citizens by the father of his country, in his fare well address. He has there told us, that " while expe rience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bonds;" and he has cautioned us in the strongest terms against the formation of parties, on geographical discri minations, as one of the means which might disturb our union, and to which designing men would be likely to resort. 159 The lessons contained in this invaluable legacy of Washington to his countrymen, should be cherished in the heart of every citizen to the latest generation ; and, perhaps, at no period of time could they be more usefully remembered than at the present moment. For when we look upon the scenes that are passing around us, and dwell upon the pages of his parting address, his paternal counsels would seem to be not merely the offspring of wisdom and foresight, but the voice of prophecy foretell ing events, and warning us of the evil 10 come. Forty )-ears have passed since this imperishable document was given to his countrymen. The federal constitution was then regarded by him as an experiment, and he so speaks of it in his address ; but an experiment upon the success of which the best hopes of his country depended, and we all know that he was prepared to lay down his life, if necessary, to secure to it a full and fair trial. The trial has been made. It has succeeded beyond the proudest hopes of those who framed it. Every quarter of this widely extended nation has felt its blessings, and shared in the general prosperity produced by its adoption. But amid this general prosperity and splendid success, the dangers of which he warned us are becoming every day more evident, and the signs of evil are sufficiently appa rent to awaken the deepest anxiety in the bosom of the patriot. We behold systematic efforts publicly made to sow the seeds of discord between different parts of the United States, and to place party divisions directly upon geographical distinctions ; to excite the south against the north, and the north against the south, and to force into the controversy the most delicate and excited topics upon which it is impossible that a large portion of the Union can ever speak without strong emotions. Appeals, too, are constantly made to sectional interests, in order to in fluence the election of the chief magistrate, as if it were desired that he should favor a particular quarter of the country, instead of fulfilling the duties of his station with impartial justice to all ; and the possible dissolution of the Union has at length become an ordinary and familiar subject of discussion. Has the warning voice of Wash ington been forgotten ? or have designs already been 160 THE TRUE REPUBLICAN. formed to sever the Union ? Let it not be supposed that I impute to all of those who have taken an active part in these unwise and unprofitable discussions a waift of patri otism or of public virtue. The honorable feeling of state pride and local attachments, find a place in the bosoms of the most enlightened and pure. But while such men are conscious of iheir own integrity and honesty of pur pose, they ought never to forget that the citizens of other states are their political brethren ; and that, however mis taken they may be in their views, the great body of them are equally honest and upright with themselves. Mutual suspicions and reproaches may in time create mutual hostility, and artful and designing men will always be found, who are ready to foment these fatal divisions, and to inflame the natural jealousies of different sections of the country. The history of the world is full of such examples, and especially the history of republics. What have you to gain by division and dissention ? Delude not yourselves with the belief that a breach once made may be afterwards repaired. If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation, will then be tried in fields of battle, and be determined by the sword. Neither should you deceive yourselves with the hope, that the first line of separation would be the permanent one, and that no thing but harmony and concord would be found in the new associations, formed upon the dissolution of this Union. Local interests would still be found there, and unchastened ambition. And if the recollection of com mon dangers, in which the people of these United States stood side by side against the common foe ; the memory of victories won by their united valor ; the prosperity and happiness they have enjoyed under the present constitu tion ; the proud name they bear as citizens of this great republic ; if these recollections and proofs of common interest are not strong enough to bind us together as one people, what tie will hold this Union dissevered ? The first line of separation would not last for a single genera tion ; new fragments would be torn off: new leaders would spring up ; and this great and glorious republic would soon JACKSON S FAREWELL ADDRESS. 161 be broken into a multitude of petty states ; armed for mutual aggressions ; loaded with taxes to pay armies and leaders ; seeking aid against each other from foreign pow ers ; insulted and trampled upon by the nations of Eu rope, until harassed with conflicts, and humbled and de based in spirit, they would be ready to submit to the absolute dominion of any military adventurer, and to sur render their liberty for the sake of repose. It is impossi ble to look on the consequences that would inevitably follow the destruction of this government, and not feel indignant when we hear cold calculations about the value of the Union, and have so constantly before us a line of conduct so well calculated to weaken its ties. There is too much at stake to allow pride or passion to influence your decision. Never for a moment believe that the great body of the citizens of any state or states can deliberately intend to do wrong. They may, under the influence of temporary excitement or misguided opi nions, commit mistakes ; they may be misled for a time by the suggestions of self-interest ; but in a community so enlightened and patriotic as the people of the United States, argument will soon make them sensible of their errors ; and when convinced, they will be ready to repair them. If they have no higher or better motives to govern them, they will at least perceive that their own interest requires them to be just to others as they hope to receive justice at their hands. But in order to maintain the Union unimpaired, it is absolutely necessary that the laws passed by the constitu te*! authorities should be faithfully executed in every part of the country, and that every good citizen should, at all times, stand ready to put down, with the combined force of the nation, every attempt at unlawful resistance, under whatever pretext it may be made, or whatever shape it may assume. Unconstitutional or oppressive laws may no doubt be passed by Congress, either from erroneous views or the want of due consideration ; if they are within reach of judicial authority, the remedy is easy and peace ful ; and if, from the character of the law, it is an abuse of power not within the control of the judiciary, then free discussion and calm appeals to reason and to the justice J4* 162 THE THUE REPUBLICAN. 01 the people, will not fail to redress the wrong. But until the law shall be declared void by the courts, or re pealed by Congress, no individual or combination of indi viduals, can be justified in forcibly resisting its execution. It is impossible that any government can continue to ex ist upon any other principles. It would cease to be a government, and be unworthy of the name, if it had notthe power to enforce the execution of its own laws within its own sphere of action. It is true that cases may be imagined disclosing such a settled purpose of usurpation and oppression, on the part of the government, as would justify an appeal to arms. These, however, are extreme cases, which we have no reason to apprehend in a government where the power is in the hands of a patriotic people; and no citizen who loves his country, would in any case whatever resort to forcible resistance, unless he clearly saw that the time had come when a freeman should prefer death to submission ; for if such a struggle is once begun, and the citizens of one section of the country, arrayed in arms against those of another, in doubtful conflict, let the battle result as it may, there will be an end of the Union, and with it an end of the hopes of freedom. The victory of the injured would not secure to them the blessings of liberty ; it would avenge their wrongs, but they would themselves share in the common ruin. But the constitution cannot be maintained, nor the Union preserved, in opposition to public feeling, by the mere exertion of the coercive powers confided to the general government. The foundations must be laid in the affections of the people ; in the security it gives to life, liberty, character, and property, in every quarter of the country ; and in the fraternal attachments which the citizens of the several states bear to one another, as mem bers of one political family, mutually contributing to pro mote the happiness of each other. Hence the citizens of every state should studiously avoid every thing calculated to wound the sensibility or offend the just pride of the people of other states ; and they should frown upon any proceedings within their own borders likely to disturb the tranquillity of their political brethren in other portions of JACKSON S FAREWELL ADDRESS. 163 the Union. In a country so extensive as the United States, and with pursuits so varied, the internal regula tions of the several states must frequently differ from one another in important particulars ; and this difference is un avoidably increased by the varying principles upon which the American colonies were originally planted ; princi ples which had taken deep root in their social relations before the revolution, and therefore, of necessity, influen cing their policy since they became free and independent states. But each state has the unquestionable right to regulate its own internal concerns according to its own pleasure; and while it does not interfere with the rights of the people of other states, or tlfe rights of the Union, every state must be the sole judge of that measure proper to secure the safety of its citizens and promote their happiness ; and all efforts on the part of the people of other states to cast odium upon their institutions, and all measures calculated to disturb their rights of property, or to put in jeopardy their peace and internal tranquillity, are in direct opposition to the spirit in which the Union was formed, and must endanger its safety. Motives of philanthropy may be assigned for this unwarrantable in terference ; and weak men may persuade themselves for a moment that they are laboring in the cause of humanity, and asserting the rights of the human race; but every one, upon sober reflection, will see that nothing but mis chief can come from these improper assaults upon the feel ings and rights of others. Rest assured, that the men found busy in this work of discord are not worthy of your confidence, and deserve your strongest reprobation. In the legislation of Congress, also, and in every mea sure of the general government, justice to every portion of the United States should be faithfully observed. No free government can stand without virtue in the people, and a lofty spirit of patriotism; and if the sordid feelings of mere selfishness shall usurp the place which ought to be filled by public spirit, the legislation of Congress will soon be converted into a scramble for personal and sec tional advantages. Under our free institutions the citi zens in every quarter of our country are capable of attain ing a high degree of prosperity and happiness, without 164 THE TRUE REPUBLICAN. seeking to profit themselves at the expense of others ; and every such attempt must in the end fail to succeed, for the people in every part of the United States are too en lightened not to understand their own rights and interests, and to detect and defeat every effort to gain undue advan tages over them ; and when such designs are discovered it naturally provokes resentments which cannot be always allayed. Justice, full and ample justice, to every portion of the United States, should be the ruling principle of every freeman, and should guide the deliberations of every public body, whether it be state or national. It is well known that there have always been those among us who wish to enlarge the powers of the general government ; and experience would seem to indicate that there is a tendency on the part of this government to overstep the boundaries marked out for it by the consti tution. Its legitimate authority is abundantly sufficient for all the purposes for which it is created ; and its pow ers being expressly enumerated, there can be no justifica tion for claiming any thing beyond them. Every attempt to exercise power beyond these limits should be promptly and firmly opposed. For one evil example will lead to other measures still more mischievous ; and if the prin ciple of constructive powers, or supposed advantages, or temporary circumstances, shall ever be permitted to jus tify the assumption of a power not given by the constitu tion, the general government will before long absorb all the powers of legislation, and you will have in effect, but one consolidated government. From the extent of our coun try, its diversified interests, different pursuits, and diffe rent habits, it is too obvious for argument that a single consolidated government would be wholly inadequate to watch over and protect its interests ; and every friend of our free institutions should be always prepared to main tain unimpaired and in full vigor the rights and sove reignty of the states, and to confine the action of the general government strictly to the sphere of its appropri ate duties. There is, perhaps, no one of the powers conferred on the federal government so liable to abuse as the taxing power. The most productive rind convenient sources of 165 revenue were necessarily given to it, that it might perform the important duties imposed upon it; and the taxes which it lays upon commerce being concealed from the real payer in the price of the article, they do not so rea dily attract the attention of the people as smaller sums demanded from them directly by the tax-gatherer. But the tax imposed on goods, enhances by so much the price of the commodity to the consumer ; and as many of these duties are imposed on articles of necessity which are daily used by the great body of the people, the money raised by these imposts is drawn from their pockets. Con gress has no right under the constitution to take money from th^ people unless it is required to execute some one of the specific powers intrusted to the government : and if they raise more than is necessary for such purposes, it is an abuse of the power of taxation, and unjust and oppressive. It may indeed happen that the revenue will sometimes exceed the amount anticipated when the taxes were laid. When, however, this is ascertained, it is easy to reduce them ; and, in such a case, it is unques tionably the duty of the government to reduce them, for no circumstances can justify it in assuming a power not given to it by the constitution, nor in taking away the money of the people when it is not needed for the legiti mate wants of the government. Plain as these principles appear to be, you will find that there is a constant effort to induce the general go vernment to go beyond the limits of its taxing power, and to impose unnecessary burdens upon the people. Many powerful interests are continually at work to procure heavy duties on commerce, and to swell the revenue beyond the real necessities of the public service ; and the country has already felt the injurious effects of their combined in fluence. They succeeded in obtaining a tariff of duties bearing most oppressively on the agricultural and laboring classes of society, and producing a revenue that could not be usefully employed within the range of the powers conferred upon Congress; and, in order to fasten upon the people this unjust and unequal system of taxation, extravagant schemes of internal improvement were got up, in various quarters, to squander the money and to pur- 168 THE TRUE REPUBLICAN". chase support. Thus, one unconstitutional measure was intended to be upheld by another, and the abuse of the power of taxation was to be maintained by usurping the power of expending 1 the money in internal improvements. You cannot have forgotten the severe and doubtful strug gle through which we passed, when the executive depart ment of the government, by its veto, endeavored to arrest this prodigal scheme of injustice, and to bring back the legislation of Congress to the boundaries prescribed by the constitution. The good sense and practical judgment of the people, when the subject was brought before them, sustained the course of the executive ; and this plan of unconstitutional expenditure for the purposes of corrupt influence is, I trust, finally overthrown. The result of this decision has been felt in the rapid extinguishment of the public debt, and the large accumu lation of a surplus in the treasury, notwithstanding the tariff was reduced, and is now far below the amount ori ginally contemplated by its advocates. But, rely upon it, the design to collect an extravagant revenue, and to bur den you with taxes beyond the economical wants of the government is not yet abandoned. The various interests which have combined together to impose a heavy tariff, and to produce an overflowing treasury, are too strong, and have too much at stake, to surrender the contest. The corporations and wealthy individuals who are en gaged in large manufacturing establishments, desire a high tariff to increase their gains. Designing politicians will support it to conciliate their favor, and to obtain the means of profuse expenditure, for the purpose of purcha sing influence in other quarters ; and since the people have decided that the federal government cannot be per mitted to employ its income in internal improvements, efforts will be made to seduce and mislead the citizens of the several states by holding out to them the deceitful prospect of benefits to be derived from a surplus revenue collected by the general government, and annually divi ded among the states. And if encouraged by these falla cious hopes, the states should disregard the principles of economy which ought to characterize every republican government, and should indulge in lavish expenditures JACKSON S FAREWELL ADDRESS. 167 exceeding their resources, they will, before long, find themselves oppressed with debts which they are unable to pay, and the temptation will become irresistible to sup port a high tariff, in order to obtain a surplus distribution. Do not allow yourselves, my fellow-citizens, to be mis led on this subject. The federal government cannot col lect a surplus for such purposes, without violating the principles of the constitution, and assuming powers which have not been granted. It is, moreover, a system of in justice, and, if persisted in, will inevitably lead to cor ruption and must end in ruin. The surplus revenue will be drawn from the pockets of the people from the far mer, the mechanic, and the laboring classes of society; but who will "receive it when distributed among the states, where it is to be disposed of by leading politicians who have friends to favor, and political partisans to gratify ? It will certainly not be returned to those who paid it, and who have most need of it, and are honestly entitled to it. There is but one safe rule, and that is, to confine the general government rigidly within the sphere of its appropriate duties. It has no power to raise a revenue, or impose taxes, except for the purposes enumerated in the constitution ; and if its income is found to exceed these wants, it should be forthwith reduced, and the burdens of the people so far lightened. In reviewing the conflicts which have taken place be tween different interests in the United States, and the policy pursued since the adoption of our present form of government, we find nothing that has produced such deep-seated evil as the course of legislation in relation to the currency. The constitution of the United States un questionably intended to secure the people a circulating medium of gold and silver. But the establishment of a national bank by Congress, with the privilege of issuing paper money receivable in the payment of the public dues, and the unfortunate course of legislation in the several states upon the same subject, drove from general circula tion the constitutional currency, and substituted one of paper in its place. It was not easy for men engaged in the ordinary pur suits of business, whose attention had not been particu- 168 THE TRUE REPUBLICAN. larly drawn to the subject, to foresee all the consequences of a currency exclusively of paper : and we ought not, on that account, to be surprised at the facility with which laws were obtained to carry into effect the paper system. Honest, and even enlightened men are sometimes misled by the specious and plausible statements of the designing. But experience has now proved the mischiefs and dangers of a paper currency, and it rests with you to determine whether the proper remedy shall be applied. The paper system being founded on public confidence, and having of itself no intrinsic value, it is liable to great and sudden fluctuations ; thereby rendering pro perty insecure, and the wages of labor unsteady and uncertain. The corporations which create the paper money cannot be relied upon to keep the circulating medium uniform in amount. In times of prosperity, when confidence is high, they are tempted, by the pros pect of gain, or by the influence of those who hope to profit by it, to extend their issues of paper beyond the bounds of discretion and the reasonable demands of business. And when these issues have been pushed on, from day to day, until public confidence is at length shaken, then a reaction takes place, and they immedi ately withdraw the credits they have given ; suddenly curtail their issues ; and produce an unexpected and ruinous contraction of the circulating medium, which is felt by the whole community. The banks, by this means, save themselves, and the mischievous consequences of their imprudence or cupidity are visited upon the public. Nor does the evil stop here. These ebbs and flows in the currency, and these indiscreet extensions of credit, naturally engender a spirit of speculation injurious to the habits and character of the people. We have already seen its effects in the wild spirit of speculation in the public lands, and various kinds of stocks, which within the last year or two, seized upon such a multitude of our citizens, and threatened to pervade all classes of society, and to withdraw their attention from the sober pursuits of honest industry. It is not by encouraging this spirit that we shall best preserve public virtue, and promote the true interests of our country. But if your currency JACKSON S FAREWELL ADDRESS. 169 continues as exclusively paper as it now is, it will foster this eager desire to amass wealth without labor ; it will multiply the number of dependents on bank accommo dations and bank favors ; the temptations to obtain money at any sacrifice will become stronger and stronger, and inevitably lead to corruption, which will find its way into your public councils, and destroy, at no distant day, the purity of your government. Some of the evils which arise from this system of paper, press with peculiar hard ship upon the class of society least able to bear it. A portion of this currency frequently becomes depreciated or worthless, and all of it is easily counterfeited, in such a manner as to require peculiar skill and much experience to distinguish the counterfeit from the genuine notes. These frauds are most generally perpetrated in the smaller notes, which are used in the daily transactions of ordinary business ; and the losses occasioned by them are commonly thrown upon the laboring classes of society, whose situation and pursuits put it out of their po\^er to guard themselves from these impositions, and whose daily wages are necessary for their subsistence. It is the duty of every government so to regulate its currency, as to protect this numerous class as far as practicable from the impositions of avarice and fraud. It is more espe cially the duty of the United States, where the govern ment fs emphatically the government of the people, and where this respectable portion of our citizens are so proudly distinguished from the laboring classes of all other nations, by their independent spirit, their love of liberty, their intelligence, and their high tone of moral character. Their industry in peace, is the source of our wealth ; and their bravery in war, has covered us with glory , and the government of the United States will but ill discharge its duties, if it leaves them a prey to such dishonest impositions. Yet it is evident that their interests cannot be effectually protected, unless silver and gold are restored to circulation. These views alone, of the paper currency, are sufficient 10 call for immediate reform ; but there is another consi deration which should still more strongly press it upon your attention. 15 170 THE TRUE REPUBLICAN. Recent events have proved that the paper money sys tem of this country, may be used as an engine to under mine your free institutions ; and that those who desire to engross all power in the hands of the few, and to govern by corruption or force, are aware of its power, and pre pared to employ it. Your banks now furnish your only circulating medium, and money is plenty or scarce, ac cording to the quantity of notes issued by them. While they have capitals not greatly disproportioned to each other, they are competitors in business, and no one of them can exercise dominion over the rest; and although, in the present state of the currency, these banks may and do operate injuriously upon the habits of business, the pecuniary concerns, and the moral tone of society ; yet, from their number and dispersed situation, they can not combine for the purposes of political influence ; and whatever may be the dispositions of some of them, their power of michief must necessarily be confined to a naSTrow space, and felt only in their immediate neigh borhood. But when the charter for the Bank of the United States was obtained from Congress, it perfected the schemes of the paper system, and gave its advocates the position they have struggled to obtain, from the com mencement of the federal government down to the pre sent hour. The immense capital, the peculiar privileges bestowed. upon it, enabled it to exercise despotic sway over the other banks in every part of the country. From its superior strength, it could seriously injure, if not de stroy the business of any one of them which might incur its resentment; and it openly claimed for itself the power of regulating the currency throughout the United States. In other words, it asserted (and undoubtedly possessed) the power to make money plenty or scarce, at its pleasure, at any time, and in any quarter of the Union by con trolling the issues of other banks, and permitting an expansion, or compelling a general contraction, of the circulating medium, according to its own will. The other banking institutions were sensible of its strength, and they soon generally became its obedient instruments, ready at all times, to execute its mandates ; and with the JACKSON S FAREWELL ADDRESS. 171 banks necessarily went also that numerous class of per sons in our commercial cities, who depend altogether on bank credits for their solvency and means of business; and who are, therefore, obliged, for their own safety, to propitiate the favor of the money power by distinguished zeal and devotion in its service. " The result of the ill- advised legislation which established this great monopoly was to concentrate the whole moneyed power of the Union, with its boundless means of corruption, and its numerous dependents, under the direction and command of one acknowledged head ; thus organizing this particu lar interest as one body, and securing to it unity and concert of action throughout the United States, and ena bling it to bring forward, upon any occasion, its entire and undivided strength to support or defeat any measure of the government. In the hands of this formidable power, thus perfectly organized, was also placed unlimited dominion over the amount of the circulating medium, giving it the power to regulate the value of property aijd the fruit of labor in every quarter of the Union; and to bestow prosperity, or bring ruin upon any city or section of the country, as might best comport with its own inte rest or policy. We are not left to conjecture how the moneyed power, thus organized, and with such a weapon in its hands, would be likely to use it. The distress and alarm which pervaded and agitated the whole country, when the Bank of the United States waged war upon the people, in order to compel them to submit to its demands, cannot yet be forgotten. The ruthless and unsparing temper with which whole cities and communities were oppressed, individu als impoverished and ruined, and a scene of cheerful prosperity suddenly changed into one of gloom and despondency, ought to be indelibly impressed on the memory of the people of the United States, If such was its power in a time of peace, what would it not have been in a season of war, with*an enemy at your doors ? No nation but the freemen of the United States could have come out victorious from such a contest; yet, if you had not conquered, the government would have passed from the hands of the many to the hands of the few ; 172 THE TRUE REPUBLICAN. and this organized money power, from its secret con clave, would have dictated the choice of your highest officers, and compelled you to make peace or war, as best suited their own wishes. The forms of your govern ment might, for a time, have remained; but its living spirit would have departed from it. The distress and sufferings inflicted on the people by the bank, are some of the fruits of that system of policy which is continually striving to enlarge the authority oi the federal government beyond the limits fixed by the constitution. The powers enumerated in that instru ment do not confer on Congress the right to establish such a corporation as the Bank of the United States ; and the evil consequences which followed may warn us of the danger of departing from the true rule of con struction, and of permitting temporary circumstances, or the hope of better promoting the public welfare, to influ ence in any degree our decision upon the extent of the authority of the general government. Let us abide by the constitution as it is written, or amend it in the con stitutional mode if it is found defective. The severe lessons of experience will, I doubt not, be sufficient to prevent Congress from again chartering such a monopoly, even if the constitution did not pre sent an insuperable objection to it. But you must re member, rny fellow-citizens, that eternal vigilance by the people is the price of liberty; and that you must pay the price if you wish to secure the blessing. It behoves you, therefore, to be watchful in your states, as well as in the federal government. The power which the mo neyed interest can exercise, when concentrated under a single head and with our present system of currency, was sufficiently demonstrated in the struggle made by the United States Bank. Defeated in the general govern ment, the same class of intriguers and politicians will now resort to the states, and endeavor to obtain there the same organization, which they failed to perpetuate in the Union ; and with specious and deceitful plans of pub lic advantages, and state interests, and state pride, they will endeavor to establish, in the different states, one moneyed institution with overgrown capital, and exclu- JACKSON S FAREWELL ADDRESS. 173 aive privileges sufficient to enable it to control the ope rations of other banks. Such an institution will be pregnant with the same evils produced by the Bank of the United States, although its sphere of action is more confined ; and in the state in which it is chartered, the money power will be able to embody its whole strength, and to move together with undivided force, to accomplish any object it may wish to attain. You have already had abundant evidence of its powers to inflict injury upon the agricultural, mechanical, and laboring classes of society ; and over those whose engagements in trade or specula tion render them dependent on bank facilities, the domi nion of the state monopoly will be absolute, and their obedience unlimited. With such a bank and a paper currency, the money power would in a few years govern the state and control its measures ; and if a sufficient number of states can be induced to create such estab lishments, the time will soon come when it will again take the field against the United States, and succeed in per fecting and perpetuating its organization by a charter from Congress. It is one of the serious evils of our present system of banking that it enables one class of society and that by no means a numerous one by its control over the cur rency, to act injuriously upon the interests of all the others, and to exercise more than its just proportion of influence in political affairs. The agricultural, the me chanical, and the laboring classes, have little or no share in the direction of the great moneyed corporations ; and from their habits and the nature of their pursuits, they are incapable of forming extensive combinations to act together with united force. Such concert of action may sometimes be produced in a single city, or in a small dis trict of country, by means of personal communications with each other; but they have no regular or active cor respondence with those who are engaged in similar pur suits in distant places ; they have but little patronage to give to the press, and exercise but a small share of influ ence over it; they have no crowd of dependents about them, who hope to grow rich without labor, by their countenance and favor, and who are, therefore, always 15* 174 THE TRUE REPUBLICAN. ready to execute their wishes. The planter, the farmer, the mechanic, and the laborer, all know that their suc cess depends upon their own industry and economy, and that they must not expect to become suddenly rich by the fruits of their toil. Yet these classes form the great body of the people of the United States; they are the bone and sinew of the country ; men who love liberty, and desire nothing but equal rights and equal laws, and who, moreover, hold the great mass of our national wealth, al though it is distributed in moderate amounts among the millions of freemen who possess it. But, with overwhelm ing numbers and wealth on their side, they are in con stant danger of losing their fair influence in the govern ment, and with difficulty maintain their just rights against the incessant efforts daily made to encroach upon them. The mischief springs from the power which the mo neyed interest derives from a paper currency, which they are able to control, from the multitude of corporations with exclusive privileges, which they have succeeded in obtaining in the different states, and which are employed altogether for their benefit, and unless you become more watchful in your states, and check this spirit of monopo ly and thirst for exclusive privileges, you will, in the end, find that the most important powers of government have been given or bartered away, and the control over your dearest interests has passed into the hands of these cor porations. The paper-moneyed system, and its natural associates, monopoly and exclusive privileges, have already struck their roots deep in the soil, and it will require all your efforts to check its further growth, and to eradicate the evil. The men who profit by the abuses, and desire to perpetuate them, will continue to besiege the halls of legislation in the general government as well as in the states, and will seek, by every artifice, to mislead and de ceive the public servants. It is to yourselves that you must look for safety and the means of guarding and per petuating your free institutions. In your hands is right fully placed the sovereignty of the country, and to you every one placed in authority is ultimately responsible. It is always in your power to see that the wishes of the JACKSON 3 FAREWELL ADDRESS. 175 people are carried into faithful execution, and their will, when once made known, must sooner or later be obeyed. And while the people remain, as I trust they ever will, uncorrupted and incorruptible, and continue watchful and jealous of their rights, the government is safe, and the cause of freedom will continue to triumph over all its enemies. But it will require steady and persevering exertions on your part to rid yourselves of the iniquities and mischiefs of the paper system, and to check the spirit of monopoly and other abuses which have sprung up with it, and of which it is the main support. So many interests are uni ted to resist all reform on this subject, that you must not hope the conflict will be a short one, nor success easy. My humble efforts have not been spared, during my ad ministration of the government, to restore the constitu tional currency of gold and silver ; and something, I trust, has been done towards the accomplishment of this most desirable object. But enough yet remains to require all your energy and perseverance. The power, however, is in your hands, and the remedy must and will be applied if you determine upon it. While I am thus endeavoring to press upon your atten tion the principles which I deem of vital importance to the domestic concerns of the country, I ought not to pass over without notice, the important considerations which should govern your policy towards foreign powers. It is unquestionably our true interest to cultivate the most friendly understanding with every nation, and to avoid, by every honorable means, the calamities of war; and we shall best attain that object by frankness and sincerity in our foreign intercourse, by the prompt and faithful exe cution of treaties, and by justice and impartiality in our conduct to all. But no nation, however desirous of peace, can hope to escape collisions with other powers ; and the soundest dictates of policy require that we should place ourselves in a condition to assert our rights, if a resort to force should ever become necessary. Our local situation, our long line of sea-coast, indented by nume rous bays, with deep rivers opening into the interior, as well as her extended and still increasing commerce, point 170 THB TRITE REPUBLICAN to the navy as our natural means of defence. It will, in the end, be found to be the cheapest and most effectual ; and now is the time, in a season of peace, and with an overflowing revenue, that we can year after year add to its strength, without increasing the burdens of the peo ple. It is your true policy. For your navy will not only protect your rich and flourishing commerce in distant seas, but enable you to reach and annoy the enemy, and will give to defence its greatest efficiency, by meeting danger at a distance from home. It is impossible by any line of fortifications to guard every point from attack against a hostile force advancing from the ocean, and se lecting its object ; but they are indispensable to prevent cities from bombardment ; dock-yards and navy arsenals from destruction ; to give shelter to merchant vessels in time of war, and to single ships of weaker squadrons when pressed by superior force. Fortifications of this description cannot be too soon completed and armed, and placed in a condition of the most perfect preparation. The abundant means we now possess cannot be applied in any manner more useful to the country ; and when this is done, and our naval force sufficiently strengthened, and our military armed, we need not fear that any nation will wantonly insult us, or needlessly provoke hostilities. We shall more certainly preserve peace, when it is well un derstood that we are prepared for war. In presenting to you, my fellow-citizens, these parting counsels, I have brought before you the leading principles upon which I endeavored to administer the government in the high office with which you twice honored me. Knowing that the path of freedom is continually beset by enemies, who often assume the disguise of friends, 1 have devoted the last hours of my public life to warn you of the dangers. The progress of the United States, under our free and happy institutions, has surpassed the most sanguine hopes of the founders of the republic. Our growth has been rapid beyond all former example, in numbers, in wealth, in knowledge, and all the useful arts which contribute to the comforts and convenience of man; and from the earliest ages of history to the present day, there never have been thirteen millions of people asso JACKSON S FAREWELL ADDRESS. 177 ciated together in one political body, who enjoyed so much freedom and happiness as the people of these United States. You have no longer any cause to fear danger from abroad ; your strength and power are well known throughout the civilized world, as well as the high and gallant bearing of your sons. It is from within, among yourselves, from cupidity, from corruption, from disap pointed ambition, and inordinate thirst for power, that factions will be formed and liberty endangered. It is against such designs, whatever disguise the actors may assume, that you have especially to guard yourselves. You have the highest of human trusts committed to your care. Providence has showered on this favored land blessings without number, and has chosen yon, as the guardians of freedom, to preserve it for the benefit of the human race. May He, who holds in his hands the desti nies of nations, make you worthy of the favors he has bestowed, and enable you, with pure hearts, and pure hands, and sleepless vigilance, to guard and defend to the end of time the great charge he has committed to your keeping. My own race is nearly run ; advanced age and failing health warn me that before long I must pass beyond the reach of human events, and cease to feel the vicissitudes of human affairs. I thank God that my life has been spent in a land of liberty, and that he has given me a heart to love my country with the affection of a son. And filled with gratitude for your constant and unwavering kindness, I bid you a last and affectionate farewell. 17S THE TRUE REPUBLICAN VAN BUREN S INAUGURAL ADDRESS, MARCH 4, 1837. Fellow-Citizens : The practice of all my predecessors imposes on me an obligation I cheerfully fulfil, to accompany the first and solemn act of my public trust with an avowal of the prin ciples that will guide me in performing it, and an expres sion of my feelings on assuming a charge so responsible and vast. In imitating their example, I trend in the foot steps of illustrious men, whose superiors it is our happi ness to believe are not found on the executive calendar of any country. Among them we recognize the earliest and firmest pillars of the republic; those by whom our na tional independence was first declared ; him who, above all others, contributed to establish it on the field of battle; and those whose expanded intellect and patriotism con structed, improved and perfected the inestimable institu tions under which we live. If such men, in the position I now occupy, felt themselves overwhelmed by a sense of gratitude for this, the highest of all marks of their country s confidence, and by a consciousness of their in ability adequately to discharge the duties of an office so difficult an l exalted, how much more must these conside rations affect one, who can rely on no such claim for fa vor or forbearance. Unlike all who have preceded me, the revolution that gave us existence as one people, was achieved at the period of my birth ; and whilst I contem plate, with grateful reverence, that memorable event, I feel that I belong to a later age, and that I may not ex pect my countrymen to weigh my actions with the same kind and partial hand. So sensibly, fellow-citizens, do these circumstances press themselves upon me, that I should not dare to en ter upon my path of duty, did I not look for the gene rous aid of those who will be associated with me in the various and co-ordinate branches of the government ; did I not repose with unwavering reliance on the patriotism, the intelligence and the kindness of a people who nevei mN EOJKEWo VAN BUREN S INAUGURAL ADDRESS. 17& yet deserted a public servant honestly laboring in their cause ; and, above all, did I not permit myself humbly to hope for the sustaining support of an ever-watchful and beneficent Providence. To the confidence and consolation derived from these sources, it would be ungrateful not to add those which spring from our present fortunate condition. Though not altogether exempt from embarrassments that disturb our tranquillity at home and threaten it abroad, yet, in all ihe attributes of a great, happy, and flourishing people, we stand without a parallel in the world. Abroad, we enjoy the respect, and, with scarcely an exception, tho friendship of every nation ; at home, while our govern ment quietly, but efficiently performs the sole legitimate end of political institutions, in doing the greatest good to the greatest number, we present an aggregate of human prosperity surely not elsewhere to be found. How imperious, then, is the obligation imposed upon every citizen, in his own sphere of action, whether limit ed or extended, to exert himself in perpetuating a condi tion of things so singularly happy. All the lessons of history and experience must be lost upon us, if we are content to trust alone to the peculiar advantages we hap pen to possess. Position and climate, and the bounteous resources that nature has scattered with so liberal a hand even the diffused intelligence and elevated cha racter of our people will avail us nothing, if we fail sacredly to uphold those political institutions that were wisely and deliberately formed, with reference to every circumstance that could preserve, or might endanger the blessings we enjoy. The thoughtful framers of our con stitution legislated for our country as they found it. Look ing upon it with the eyes of statesmen and of patriots, they saw all the sources of rapid and wonderful prospe rity ; but they saw, also, that various habits, opinions, and institutions, peculiar to the various portions of so vast a region, were deeply fixed. D.istinct sovereignties were in actual existence, whose cordial union was essential to the welfare and happiness of all. Between many of them there was, at least to some extent, a real diversity of in terests, liable to be exaggerated through sinister designs ; 180 THE TRUE REPUBLICAN. they differed in size, in population, in wealth, and in actual and prospective resources and power ; they varied in the character of their industry and staple productions ; and in some existed domestic institutions, which, unwisely disturbed, might endanger the harmony of the whole Most carefully were all these circumstances weighed, and the foundation of the government laid upon principles of mutual concession and equitable compromise. The jea lousies which the smaller states might entertain of the power of the rest, were allayed by a rule of representation, confessedly unequal at the time, and designed forever to remain so. A natural fear that the broad scope of gene ral legislation might bear upon and unwisely control par ticular interests, was counteracted by limits strictly drawn around the action of the federal authority; and to the people and the states was left unimpaired their sovereign power over the innumerable subjects embraced in the internal government of a just republic, excepting such only as necessarily appertain to the concerns of the whole confederacy, or its intercourse, as a united community, with the other nations of the world. This provident forecast has been verified by time. Half a century, teeming with extraordinary events, and elsewhere producing astonishing results, has passed along; but on our institutions it has left no injurious mark. From a small community, we have risen to a people powerful in numbers and in strength ; but with our increase has gone hand in hand the progress of just principle ; the privileges, civil and religious, of the humblest individual are sacredly protected at home : and while the valor and fortitude of our people have removed far from us the slightest apprehension of foreign power, they have not yet induced us, in a single instance, to forget what is r ight. Our commerce has been extended to the remotest nations ; the value, and even nature of the productions has been greatly changed; a wide difference has arisen in the relative wealth and resources of every portion of our country ; yet the spirit of mutual regard and of faith ful adherence to existing compacts, has continued to prevail in our councils, and never long been absent from our conduct. We have learned by experience a fruitful VAN BUREN S INAUGURAL ADDRESS. 181 lesson; that an implicit and undeviating adherence to the principles on which we set out can carry us prosper ously onward through all the conflicts of circumstances, and the vicissitudes inseparable from the lapse of years. The success that has thus attended our great experi ment, is, in itself, sufficient cause for gratitude, on ac count of the happiness it has actually conferred, and the example it has unanswerably given. But to me, my fel low-citizens, looking forward to the far distant future, with ardent prayers and confiding hopes, this retrospect presents a ground for still deeper delight. It impresses on my mind a firm belief that the perpetuity of our in stitutions depends upon themselves; that, if we maintain the principles on which they were established, they are des tined to confer their benefits on countless generations yet to come; and that America will present to every friend of mankind the cheering proof, that a popular government, wisely formed, is wanting in no element of endurance or strength. Fifty years ago its rapid failure was predicted. Latent and uncontrollable causes of dissolution were sup posed to exist, even by the wise and good ; and not only did unfriendly or speculative theorists anticipate forus the fate of past republics, but the fear of many an honest patriot overbalanced his sanguine hopes. Look back on these forebodings, not hastily, but reluctantly made, and see how, in every instance, they have completely failed. An imperfect experience, during the struggles of the re volution, was supposed to warrant a belief that the peo ple would not bear the taxation requisite to the discharge of an immense public debt already incurred, and to de fray the necessary expenses of government. The costof two wars has been paid, not only without a murmur, but with unequalled alacrity. No one is now left to doubt that every burden will be cheerfully borne that may be ne cessary to sustain our civil institutions, or guard our ho nor or our welfare. Indeed, all experience has shown that the willingness of the people to contribute to these ends, in cases of emergency, has uniformly outrun the confidence of their representatives. In the early stages of the new government, when all felt the imposing influence, as they recognized the une- 16 182 THE TRUE REPUBLICAN. quailed services of the first President, it was a common sentiment, that the great weight of his character coiiid alone bind the discordant materials of our government to gether, and save us from the violence of contending fac tions. Since his death, nearly forty years are gone. Party exasperation has been often carried to its highest point; the virtue and fortitude of the people have some times been greatly tried; yet our system, purified and en hanced in value by all it has encountered, still preserves its spirit of free and fearless discussion, blended with un impaired fraternal feeling. The capacity of the people for self-government, and their willingness from a high sense of duty, and without those exhibitions of coercive power so generally employ ed in other countries, to submit to all needful restraints and exactions of the municipal law, have also been favor ably exemplified in the history of the American states. Occasionally it is true, the ardor of public sentiment, out running the regular process of the judicial tribunals, or seeking to reach cases not denounced as criminal by the existing law, has displayed itself in a manner calculated to give pain to the friends of free government, and to en courage the hopes of those who wish for its overthrow. These occurrences, however, have been less frequent in our country than any other of equal population on the globe ; and with the diffusion of intelligence, it may well be hoped that they will constantly diminish in frequency and violence. The generous patriotism and sound com mon sense of the great mass of our fellow-citizens, will assuredly, in time, produce this result ; for as every as sumption of illegal power not only wounds the majesty of the law, but furnishes a pretext for abridging the liber ties of the people, the latter have the most direct and per manent interest in preserving the great landmarks of so cial order, and maintaining, on all occasions, the inviola bility of those constitutional and legal provisions which they themselves have made. In a supposed unfitness of our institutions for those hostile emergencies which no country can always avoid, their friends found a fruitful source of apprehension, VAX BLRdtf ft INAUGURAL ADDRESS. 183 their enemies of hope. While they forsaw less prompt ness of action than in governments differently formed, they overlooked the far more important considerations, that with us war could never be the result of individual or irresponsible will, but must be a measure of redress for injuries sustained, voluntarily resorted to by those who were to bear the necessary sacrifice, who would conse quently feel an individual interest in the contest, and whose energy would be commensurate with the difficul ties to be encountered. Actual events have proved their error : the last war, far from impairing, gave new confi dence to our government ; and amid recent apprehensions of a similar conflict, we saw that the energies of our country would not be wanting in ample season to vindi cate its rights. We may not possess, as we should not desire to possess, the extended and ever ready military organization of other nations ; we may occasionally suf fer in the outset for the want of it, but, among ourselves, all doubt upon this great point has ceased, while a salu tary experience will prevent a contrary opinion from in viting aggression from abroad. Certain danger was foretold from the extension of our territory, the multiplication of states, and the increase of population. Our system was supposed to be adapted on ly to boundaries comparatively narrow. These have been widened beyond conjecture ; the members of our confed eracy are already doubled ; and the numbers of our peo ple are incredibly augmented. The alleged causes of danger have long surpassed anticipation, but none of the consequences have followed. The power and influence of the republic have risen to a height obvious to all man kind ; respect for its authority was not more apparent at its ancient than it is at its present limits ; new and inex haustible sources of general prosperity have been opened; the effects of distance have been averted by the inventive genius of our people, developed and fostered by the spirit of our institutions ; and the large variety and amount of interests, productions, and pursuits, have strengthened the chain of mutual dependence, and formed a circle of mutual benefits, too apparent ever to be overlooked. 181 THE TRUE REPUBLICAN. In justly balancing the powers of the federal and state, authorities, difficulties nearly insurmouniable arose at the outset, and subsequent collisions were deemed inevitable. Amid these, it was scarcely believed possible that a scheme of government so complex in construction, could remain uninjured. From time to time, embarrassments have certainly occurred ; but how just is the confidence of future safety imparted by the knowledge that each in succession has been happily removed. Overlooking par tial and temporary evils as inseparable from the practical operation of all human institutions, and looking only to the general result, every patriot has reason to be satisfied. While the federal government has successfully performed its appropriate functions in relation to foreign affairs, and concerns evidently national, that of every state has re markably improved in protecting and developing local interests and individual welfare ; and if the vibrations of authority have occasionally tended too much towards one or other, it is unquestionably certain that the ultimate operation of the entire system has been to strengthen all the existing institutions, and to elevate our whole country in prosperity and renown. The last, perhaps the greatest, of the prominent sources of discord and disaster supposed to lurk in our political condition, was the institution of domestic slavery. Our forefathers were deeply impressed with the delicacy of this subject, and they treated it with a forbearance so evidently wise, that, in spite of every sinister foreboding, it never, until the present period, disturbed the tranquillity of our common country. Such a result is sufficient evidence of the justice and the patriotism of their course ; it is evident not to be mistaken, that an adherence to it can prevent all embarrassment from this, as well as every other anticipated cause of difficulty or danger. Have not recent events made it obvious to the slightest reflec tion, that the least deviation from this spirit of forbearance is injurious to every interest, that of humanity included? Amidst the violence of excited passions, this generous and fraternal feeling has been sometimes disregarded ; and standing as I now do before my countrymen, in this high place of honor and trust, I cannot refrain from anxiously invoking my fellow-citizens never to be deaf to its die- VAN BUREN d INAUGURAL ADDRESS. 185 tales. Perceiving, before my election, the deep interest this subject was beginning to excite, I believed it a so lemn duty fully to make known my sentiments in regard to it ; and now, when every motive for misrepresentation has passed away, I trust that they will be candidly weigh ed and understood. At least they will be my standard of conduct in the path before me. I then declared that, if the desire of those of my countrymen who were favorable to my election was gratified, "I must go into the presi dential chair the inflexible and uncompromising opponent of every attempt, on the part of Congress, to abolish sla very in the District of Columbia, against the wishes of the slaveholding states ; and also with a determination equally decided to resist the slightest interference with it in the states where it exists." I submitted also to my fel low-citizens, with fulness and frankness, the reasons which led me to this determination. The result authorizes me to believe that they have been approved, and are confided in by a majority of the people of the United States, in cluding those whom they most immediately affect. It now only remains to add, that no bill conflicting with these views can ever receive my constitutional sanction. These opinions have been adopted in the firm belief that they are in accordance with the spirit that actuated the venerated fathers of the republic, and that succeeding ex perience has proved them to be humane, patriotic, expe dient, honorable and just. If the agitation of this subject was intended to reach the stability of our institutions, enough has occurred to show that it has signally failed; and that in this, as in every other instance, the apprehen r sions of the timid and the hopes of the wicked for the destruction of our government, are again destined to be disappointed. Here and there, indeed, scenes of dan gerous excitement have occurred ; terrifying instances of local violence have been witnessed ; and a reckless disre gard of the consequences of their conduct has exposed individuals to popular indignation ; but neither masses of the people nor sections of country have swerved from their devotion to the bond of union, and the principles it has made sacred. It will be ever thus. Such attempts at agitation may periodically return, but with each the 16* 186 THE TRUE REPUBLICAN . object will be better understood. That predominating affection for our political system which prevails through out our territorial limits; that calm and enlightened judg ment which ultimately governs our people as one vast body, will always be at hand to resist and control every effort, foreign or domestic, which aims or would lead to overthrow our institutions. What can be more gratifying than such a retrospect as this? We look back on obstacles avoided and dangers overcome; on expectations more than realized, and pros perity perfectly secured. To the hopes of the hostile, the fears of the timid, and the doubts of the anxious, actual experience has given the conclusive reply. We have seen time gradually dispel every unfavorable fore boding, and our constitution surmount every adverse cir cumstance, dreaded at the outset as beyond control. Pre sent excitement will, at all times, magnify present dangers ; but true philosophy must teach us that none more threat ening than the past can remain to be overcome; and we ought, for we have just reason, to entertain an abiding confidence in the stability of our institutions, and an entire conviction that if administered in the true form, character and spirit in which they were established, they are abundantly adequate to preserve to us and our children the rich blessings already derived from them ; to make our beloved land, for a thousand generations, that chosen spot where happiness springs from a perfect equality of politi cal rights. For myself, therefore, I desire to declare, that the prin ciple that will govern me in the high duty to which my country calls me, is a strict adherence to the letter and spirit of the constitution, as it was designed by those who framed it. Looking back to it as a sacred instrument, carefully and not easily framed ; remembering that it was throughout a work of concession and compromise, view ing it as limited to national objects ; regarding *t as leav ing to the people and the states all power not explicitly parted with, I shall endeavor to preserve, protect and de fend it, by anxiously referring to its provisions for direc tion in every action. To matters of domestic concern ment which it has entrusted to the federal government, VAN BUREN S INAUGURAL ADDRESS. 18? and to such as relate to our intercourse with foreign na tions, I shall zealously devote myself; beyond those lim its I shall never pass. To enter, on this occasion, into a further or more mi nute exposition of my views on the various questions of domestic policy, would be as obtrusive as it is probably unexpected. Before the suffrages of my countrymen were conferred upon me, I submitted to them, with great pre cision, my opinions on all the most prominent of these subjects. Those opinions I shall endeavor to carry out with the utmost ability. Our course of foreign policy has been so uniform and intelligible, as to constitute a rule of executive conduct which leaves little to my discretion, unless, indeed,! were willing to run counter to the lights of experience, and the known opinions of my constituents. We sedulously cultivate the friendship of all nations, as the condition most compatible with our welfare, and the principles of our government. We decline alliances, as adverse to our peace. We desire commercial relations on equal terms, being ever willing to give a fair equivalent for advantages received. We endeavor to conduct our intercourse with openness and sincerity ; promptly avowing our objects, and seeking to establish that mutual frankness which is as beneficial in the dealings of nations as of men. We have no disposition, and we disclaim all right to meddle in disputes whether internal or foreign, that may molest other countries ; regarding them in their actual state, as social communities, and preserving a strict neutrality in all their controversies. Well knowing the tried valor of our people, and our exhaustless resources, we neither an ticipate nor fear any designed aggression ; and in the con sciousness of our own just conduct, we feel a security that we shall never be called upon to exert our determination, never to permit an invasion of our rights, without punish ment or redress. In approaching, then, in the presence of my assembled countrymen, to make the solemn promise thatyet remains, and to pledge myself that I will faithfully execute the of- foe I am about to fill, I bring with me a settled purpose to maintain the institutions of my country, which, I trust, will atone for the errors I commit. 138 THE TRUE REPUBLICAN. in receiving from the people the sacred trust twice con fided to my illustrious predecessor, and which he has dis charged so faithfully and so well, Iknow thatl cannot ex pect to perform the arduous task with equal ability and success. But, united as I have been in his counsels, a daily witness of his exclusive and unsurpassed devotion to his country s welfare, agreeing with him in sentiments which his countrymen have warmly supported, and per mitted to partake largely of his confidence, I may hope that somewhat of the same cheering approbation will be found to attend upon my path. For him, I but express, with my own, the wishes of all, that he may yet long live to enjoy the brilliant evening of his well-spent life, and for myself, conscious of but one desire, faithfully to serve my country, I throw myself, without fear, on its justice and kindness. Beyond that, I only look to the gracious protection of that Divine Being whose strengthening sup port I humbly solicit, and whom I fervently pray to look down upon us all. May it be among the dispensations of his providence to bless our beloved country with honors and with length of days ; may her ways be ways of plea santness, and all her paths be peace. VAN BUREN S FIRST ANNUAL MESSAGE, DECEMBER 4, 1837. To the Senate, and House of Representatives : We have reason to renew the expression of our devoa* gratitude to the Giver of all good for his benign protec tion. Our country presents on every side the evidences of that continued favor under whose auspices it has gradually risen from a few feeble and dependent colo nies to a prosperous and powerful confederacy. We are blessed with domestic tranquillity and all the elements of national prosperity. The pestilence which, invading for time some flourishing portions of the Union, interrupted 189 the general prevalence of unusual health, has happily been limited in extent, and arrested in its fatal career. The industry and prudence of our citizens are gradually relieving them from the pecuniary embarrassments un der which portions of them have labored ; judicious le gislation, and the natural and boundless resources of the country, have afforded wise and timely aid to private enterprise ; and the activity always characteristic of our people has already in a great degree resumed its usual and profitable channels. The condition of our foreign relations has not mate rially changed, since the last annual message of my pre decessor. We remain in peace with all nations ; and no efforts on my part, consistent with the preservation of our rights and the honor of our country, shall be spared to maintain a position so consonant to our institutions. We have faithfully sustained the foreign policy with which the United States, under the guidance of their first President, took their stand in the family of nations that of regula ting their intercourse with other powers by the approved principles of private life ; asking and according equal rights and equal privileges ; rendering and demanding justice in all cases; advancing their own and discussing the pretensions of others, with candor, directness and sin cerity ; appealing at all times to reason, but never yield ing to force, nor seeking to acquire any thing for them selves by its exercise. A rigid adherence to this policy has left this govern ment with scarcely a claim upon its justice, for injuries arising from acts committed by its authority. The most imposing and perplexing of those of the United States upon foreign governments for aggressions upon our citi zens, were disposed of by my predecessor. Independent ly of the benefits conferred upon our citizens by restoring to the mercantile community so many millions of which they had been wrongfully divested, a great service was also rendered to his country by the satisfactory adjustment of so many ancient and irritating subjects of contention ; and it reflects no ordinary credit on his successful ad ministration of public affairs, that this great object was accomplished without compromising on any occasion, cither the honor or the peace of the nation. 190 THE TRUE REPUBLICAN. With European powers, no new subjects of difficulty have arisen ; and those which were under discussion, al though not terminated, do not present a more unfavorable aspect for the future preservation of that good understand ing which it has ever been our desire to cultivate. Of pending questions, the most important is that which exists with the government of Great Britain, in respect to our north-eastern boundary. It is with unfeigned regret that the people of the United States must look back upon the abortive efforts made by the executive, for a period of more than half a century, to determine, what no nation should suffer long to remain in dispute, the true line which divides its possessions from those of other powers. The nature of the settlement on the borders of the United States, and of the neighboring territory, was for a season such, that this perhaps was not indispensable to a faith ful performance of the duties of the federal government. Time has, however, changed this state of things ; and has brought about a condition of affairs, in which the true interests of both countries imperatively require that this question should be put at rest. It is not to be dis guised, that with full confidence, often expressed, in the desire of the British government to terminate it, we are apparently as far from its adjustment as we were at the time of signing the treaty of peace in 1783. The sole result of long-pending negotiations, and a perplexing ar bitration, appears to be a conviction, on its part, that a conventional line must be adopted, from the impossibility of ascertaining the true one according to the description contained in that treaty. Without coinciding in this opi nion, which is not thought to be well founded, my pre decessor gave the strongest proof of the earnest desire of the United States to terminate satisfactorily this dispute, by proposing the substitution of a conventional line, if the consent of the states interested in the question could be obtained. To this proposition, no answer has yet been received. The attention of the British government, however, has been earnestly invited to the subject, and its reply cannot, I am confident, be much longer delayed. The general relations between Great Britain and the United States are VAN BUREN S FIRST ANNUAL MESSAGE. 191 of the most friendly character, and I am well satisfied of the sincere disposition of that government to maintain them upon their present footing. This disposition has also, I am persuaded, become more general with the peo ple of England than at any previous period. It is scarcely necessary to say to you, how cordially it is reciprocated by the government and the people of the United States. The conviction which must be common to all, of the injurious consequences that result from keeping open this irritating question, and the certainty that its final settlement cannot be much longer deferred, will, I trust, lead to an early and satisfactory adjustment. At your last session I laid before you the recent communications between the two governments and between this govern ment and that of the state of Maine, in whose solicitude, concerning a subject in which she has so deep an inte rest, every portion of the Union participates. The feelings produced by a temporary interruption of those harmonious relations between France and the United States, which are due as well to the recollections of for mer times as to a correct appreciation of existing inte rests, have been happily succeeded by a cordial dispo sition on both sides to cultivate an active friendship in their future intercourse. The opinion, undoubtedly cor rect, and steadily entertained by us, that the commercial relations at present existing between the two countries, are susceptible of great and reciprocally beneficial im provements, is obviously gaining ground in France ; and I am assured of the disposition of that government t^ favor the accomplishment of such an object. This dispo sition shall be met in a proper spirit on our part. The few and comparatively unimportant questions that re main to be adjusted between us, can, I have no doubt, be settled with entire satisfaction, and without difficulty. Between Russia and the United States, sentiments of good-will continue to be mutually cherished. Our mi nister recently accredited to that court, has been received with a frankness and cordiality, and with evidences of respect for his country, which leaves us no room to doubt the preservation in future of those amicable and liberal relations which have so long and so uninterruptedly ex 192 THE TRUE REPUBLICAN. isted between the two countries. On the few subjects under discussion between us, an early and just decision is confidently anticipated. A correspondence has been opened with the govern ment of Austria, for the establishment of diplomatic rela tions, in conformity with the wishes of Congress, as in dicated by an appropriation act of the session of 1837, and arrangements made for the purpose, which will be duly carried into effect. With Austria and Prussia, and with the states of the German empire, now composing with the latter the Com mercial League, our political relations are of the most friendly character, while our commercial intercourse is gra dually extending, with benefit to all who are engaged in it. Civil war yet rages in Spain, producing intense suffer ing to its own people, and to other nations inconvenience and regret. Our citizens who have claims upon that country will be prejudiced for a time by the condition of its treasury, the inevitable consequence of long-continued and exhausting internal wars. The last instalment of the interest of the debt due under the convention with the queen of Spain has not been paid ; and similar failures may be expected to happen until a portion of the resources of her kingdom can be devoted to the extinguishment of its foreign debt. Having received satisfactory evidence that discrimina ting tonnage duties were charged upon vessels of the Uni ted States in the ports of Portugal, a proclamation was issued on the llth day of October last, in compliance with the act of May 25th, 1832, declaring that fact, and the duties on foreign tonnage, which were levied upon Portuguese vessels in the United States, previously to the passage of that act, are accordingly revived. The act of July 4th, 1836, suspending the discrimina ting duties upon the produce of Portugal imported into this country in Portuguese vessels, was passed, upon the application of that government, through its representa tives here, under the belief that no similar discrimination existed in Portugal to the prejudice of the United States. I regret to state that such duties are now exacted in that VAN BUREN S FIRST ANNUAL MESSAGE. 193 country, upon the cargoes of American vessels ; and us the act referred to, vests no discretion in the Executive, it is for Congress to determine upon the expediency of fur ther legislation upon the subject. Against these discri minations, affecting the vessels of this country and their cargoes, seasonable remonstrance was made, and notice was given to the Portuguese government, that unless they should be discontinued, the adoption of countervailing measures on the part of the United States would become necessary; but the reply of that government received at the department of state through our charge d affaires at Lisbon, in the month of September last, afforded no ground to hope for the abandonment of a system, so little in harmony with the treatment shown to the vessels of Portugal and their cargoes, in the ports of this country, and so contrary to the expectations we had a right to entertain. With Holland, Sweden, Denmark, Naples, and Bel gium, a friendly intercourse has been uninterruptedly maintained. With the government of the Ottoman Porte, and its dependencies on the coast of the Mediterranean, peace and good-will are carefully cultivated, and have been fos tered by such good offices as the relative distance and the condition of those countries would permit. Our commerce with Greece is carried on under the laws of the two governments, reciprocally beneficial to the navigating interests of both ; and I have reason to look forward to the adoption of other measures which will be more extensively and permanently advantageous. Copies of the treaties concluded with the governments of Siam and Muscat are transmitted for the information of Congress, the ratifications having been received, and the treaties made public, since the close of the last an nual session. Already have we reason to congratulate ourselves on the prospect of considerable commercial benefit; and we have, besides, received from the Sultan of Muscat, prompt evidence of his desire to cultivate the most friendly feelings, by liberal acts towards one of our vessels, bestowed in a manner so striking as to require on our part a grateful acknowledgment. 17 194 THE TRUE REPUBLICAN. Our commerce with the island of Cuba and Porto Rico, still labors under heavy restriction, the continuance of which is a subject of regret. The only effect of an adherence to them will be to benefit the navigation of other coun tries, at the expense both of the United States and Spain. The independent nations of this continent have, ever since they emerged from the colonial state, experienced severe trials in their progress to the permanent establish ment of liberal political institutions. Their unsettled condition not only interrupts their own advances to pros perity, but has often seriously injured the other powers of the world. The claims of our citizens upon Peru, Chili, Brazil, the Argentine Republic, the governments formed out of the republics of Colombia and Mexico, are still pending, although many of them have been pre sented for examinations more than twenty years. New Grenada, Venezuela, and Ecuador, have recently formed a convention for the purpose of ascertaining and adjusting the claims upon the republic of Colombia, from which it is earnestly hoped our citizens will, ere long, receive full compensation for theiujuries originally inflicted upon them, and for the delay in affording it. An advantageous treaty of commerce has been concluded by the United States with the Peru-Bolivian Confedera tion, which wants only the ratification of that government. The progress of a subsequent negotiation for the settle ment of claims upon Peru, has been unfavorably affected by the war between that power and Chili, and the Argen tine Republic ; and the same event is likely to produce delays in the settlement of our demands on those powers. The aggravating circumstances connected with our claims upon Mexico, and a variety of events touching the honor and integrity of our government, led my pre decessor to make, at the second session of the last Con gress, a special recommendation of the course to be pur sued to obtain a speedy and final satisfaction of the injuries complained of by this government and by oui citizens. He recommended a final demand of redress with a contingent authority to the Executive to make reprisals, if that demand should be made in vain. From the proceed ings of Congress on that recommendation, it appeared that the opinion of both branches of the legislature coin- VAN BTIREN S FIRST ANNUAL MESSAGE. 105 oided with that of the Executive, that any mode of re dress known to the law of nations might justifiably be used. It was obvious, too, that Congress believed, with the President, that another demand should be made, in order to give undeniable and satisfactory proof of our desire to avoid extremities with a neighboring power ; but that there was an indisposition to vest a discretionary authori ty in the Executive to take redress, should it unfortunate ly be either denied or unreasonably delayed by the Mexi can government. So soon as the necessary documents were prepared, af ter entering upon the duties of my office, a special mes senger was sent to Mexico, to make a final demand of re dress, with the documents required by the provisions of our treaty. The demand was made on the 20th of July last. The reply, which bears date the 29th of the same month, contains assurances of a desire, on the part of that government, to give a prompt and explicit answer re specting each of the complaints, but that the examination of them would necessarily be deliberate ; that in this ex amination it would be guided by the principles of public law and the obligation of treaties ; that nothing should be left undone that might lead to the most equitable adjust ment of our demands ; and that its determination, in re spect to each case, should be communicated through the Mexican minister here. Since that time, an envoy extraordinary and minister plenipotentiary has been accredited to this government by that of the Mexican republic. He brought with him assurances of a sincere desire that the pending differences between the two governments should be terminated in a manner satisfactory to both. He was received with re ciprocal assurances, and a hope was entertained that his mission would lead to a speedy, satisfactory, and final ad justment of all existing subjects of complaint. A sin cere believer in the wisdom of the pacific policy by which the United States have always been governed in their intercourse with foreign nations, it was my particular desire, from the proximity of the Mexican republic, and well known occurrences on our frontier, to be instrumen tal in obviating all existing difficulties with that govern ment, and in restoring to the intercourse between the two 100 THE TRUE REPUBLICAN. republics, that liberal and friendly character by which they should always be distinguished. I regret, therefore, the more deeply, to have found in the recent communica tions of that government, so little reason to hope that any efforts of mine for the accomplishment of those desirable objects would be successful. Although the larger number, and many of them aggra vated cases of personal wrongs have been now for years before the Mexican government, and some of the causes of national complaint, and those of the most offensive cha racter, admitted of immediate, simple and satisfactory re plies, it is only within a few days past that any specific communication in answer to our last demand, made five months ago, has been received from the Mexican minister. By the report of the secretary of state, herewith presented, and the accompanying documents, it will be seen, that for not one of our public complaints has satisfaction been given or offered ; that but one of the causes of personal wrong has been favorably considered ; and that but four cases of both descriptions, out of all those formally pre sented, and earnestly pressed, have as yet been decided upon by the Mexican government. Not perceiving in what manner any of the powers given to the Executive alone, could be further usefully em ployed in bringing this unfortunate controversy to a satis factory termination, the subject was, by my predecessor, referred to Congress, as one calling for its interposition. In accordance with the clearly understood wishes of the legislature, another and formal demand for satisfaction has been made upon the Mexican government, with what suc cess the documents now communicated will show. On a careful and deliberate examination of their contents, and considering the spirit manifested by the Mexican govern ment, it has become my painful duty to return the sub ject, as it now stands, to Congress, to whom it belongs to decide upon the time, the mode, and the measures of redress. Whatever may be your decision, it shall be faithfully executed, confident that it will be characterized by that moderation and justice which will, I trust, under all circumstances, govern the councils of our country. The balance in the treasury on the first day of January, 1837, was forty-five millions nine hundred and sixty-eighl VAN BUREN 3 FIRST ANNUAL MESSAGE. 197 thousand five hundred and twenty-three dollars. The receipts during the present year from all sources, inclu ding the amount of treasury notes issued, are estimated at twenty-three millions four hundred and ninety-nine thousand nine hundred and eighty-one dollars, constitu ting an aggregate of sixty-nine millions four hundred and sixty-eight thousand five hundred and four dollars. Of this amount, about thirty-five millions two hundred and eighty-one thousand three hundred and sixty-one dollars will have been expended, at the end of the year, on appro priations made by Congress ; and the residue, amounting to thirty-four millions one hundred and eighty-seven thou sand one hundred and forty-three dollars, will be the nominal balance in the treasury on the first of January next. But of that sum, only one million eighty-five thousand four hundred and ninety-eight dollars is considered as imme diately available for, and applicable to, public purposes. Those portions of it which will be for some time una vailable, consist chiefly of sums deposited with the states, and due from the former deposit banks. The details upon this subject will be found in the annual report of the secretary of the treasury. The amount of treasury notes which it will be necessary to issue during the year on account of those funds being unavailable, will, it is supposed, not exceed four and a half millions. It seemed proper in the condition of the country, to have the esti mates on all subjects made as low as practicable, without prejudice to any great public measures. The departments were, therefore, desired to prepare their estimates accord ingly ; and I am happy to find that they have been able to graduate them on so economical a scale. In the great and often unexpected fluctuations to which the revenue is subjected, it is not possible to com pute the receipts beforehand with great certainty ; but should they not differ essentially from present anticipa tions, and should the appropriations not much exceed the estimates, no difficulty seems likely to happen in defray ing the current expenses with promptitude and fidelity. Notwithstanding the great embarrassments which have recently occurred in commercial affairs, and the liberal indulgence which, in consequence of those embarrass- 17* 198 THE TRUE REPITB.MCAN*. meats, has been extended to both the merchants and the banks, it is gratifying 1 to be able to anticipate that the treasury notes, which have been issued during the present year will be redeemed, and that the resources of the trea sury, without any resort to loans or increased taxes, will prove ample for defraying all charges imposed on it du ring 1838. The report of the secretary of the treasury will afford you a more minute exposition of all matters connected with the administration of the finances during the current year ; a period which, for the amount of public moneys disbursed and deposited with the states, as well as the financial difficulties encountered and overcome, has few parallels in our history. Your attention was, at the last session, invited to the necessity of additional legislative provisions in respect to the collection, safe-keeping, and transfer of the public money. No law having been then matured, and not un derstanding the proceedings of Congress as intended to be final, it becomes my duty again to bring the subject to your notice. On that occasion, three modes of performing this branch of the public service were presented for conside ration. These were, the creation of a national bank ; the revival, with modifications, of the deposit sys;em esta blished by the act of the 23d June, 1836, permitting the use of the public moneys by the banks ; and the discon tinuance of the use of such institutions for the purposes referred to, with suitable provisions for their accomplish ment through the agency of public officers. Considering the opinions of both houses of Congress on the two first propositions as expressed in the negative, in which I en tirely concur, it is unnecessary for me again to recur to them. In respect to the last, you have had an opportunity, since your adjournment, not only to test still further the expedi ency of the measure, by the continued practical operation of such parts of it as are now in force, but also to discover what should ever be sought for and regarded with the utmost deference the opinions and wishes of the people. The national will is the supreme law of the republic, and on all subjects within the limits of its constitutional VAN BURKN S FIRST ANNUAL MESSAGE. 199 powers, should be faithfully obeyed by the public servant. {Since the measure in question was submitted to your con sideration, most of you have enjoyed the advantage of personal communication with your constituents. For one state only has an election been held for the federal go vernment; but the early day at which it took place, de prives the measure under consideration of much of the support it might otherwise have derived from the result. Local elections for state officers have, however, been held in several of the states, at which the expediency of the plan proposed by the executive has been more or less dis- cusse.l. You will, I am confident, yield to their results the respect due to every expression of the public voice. Desiring, however, to arrive at truth and a just view of the subject in all its bearings, you will at the same time remember, that questions of far deeper and more imme diate local interest than the fiscal plans of the national treasury were involved in those elections. Above all, we cannot overlook the striking fact, that there were, at the time, in those states, more than one hundred and sixty millions of bank capital, of which large portions were subject to actual forfeiture other large portions upheld only by special and limited legislative indulgences and most of it, if not all, to a greater or less extent, dependent for a continuance of its corporate existence upon the will of the state legislatures to be then chosen. Apprised of this circumstance, you will judge whether it is not most probable that the peculiar condi tion of that vast interest in these respects, the extent to which it has been spread through all the ramifications of society, its direct connection with the then pending elec tions, and the feelings it was calculnted to infuse into the canvass, have not exercised a far greater influence over the result than any which could possibly have been produced by a conflict of opinion in respect to a ques tion in the administration of the general government, more remote and far less important in its bearing upon that interest. I have found no reason to change my own opinion as to the expediency of adopting the system proposed, being per fectly satisfied ihat there will be neither stability nor safe- 200 THE TRUE REPUBLICAN. ty, either in the fiscal affairs of the government, or in the pecuniary transactions of individuals and corporations, so long as a connection exists between them, which, like the past, offers such strong inducements to make them the subjects of political agitation. Indeed, I am more than ever convinced of the dangers to which the free and unbiassed exercise of political opinion the only sure foundation and safeguard of republican government- would be exposed by any further increase of the already overgrown influence of corporate authorities I cannot, therefore, consistently with my views of duty, advise a renewal of a connection which circumstances have dis solved. The discontinuance of the use of state banks for fiscal purposes ought not to be regarded as a measure of hosti lity towards these institutions. B.mks properly establish ed and conducted, are highly useful to the business of the country, and doubtless will continue to exist in the states so long as they conform to their laws, and are found to be safe and beneficial. How they should be created, what privileges they should enjoy, under what responsi bilities they should act, and to what restrictions they should be subject, are questions which, as I observed on a previous occasion, belong to the states to decide. Upon their rights, or the exercise of them, the general govern ment can have no motive to encroach. Its duty toward them is well performed, when it refrains from legislating for their special benefit, because such legislation would violate the spirit of the constitution, and be unjust to other interests ; when it takes no steps to impair their useful ness, but so manages its own affairs as to make it the interest of those institutions to strengthen and improve their condition for the security and welfare of the com munity at large. They have no right to insist on a connection with the federal government, nor on the use of the public money for their own benefit. The object of the measure under consideration is, to avoid for the future a compulsory connection of this kind. It proposes to place the general government, in regard to the essential points of the collection, safe-keeping and transfer of the public money, in a situation which shall VAX BCREN S FIRST ANNUAL MESSAGE. 201 relieve it from all dependence on the will of irresponsible individuals or corporations ; to withdraw those moneys from the uses of private trade, and confine them to agents constitutionally selected and controlled by Jaw ; to abstain from improper interference with the industry of the peo ple, and withhold inducements to improvident dealings on the part of individuals ; to give stability to the con cerns of the treasury ; to preserve the measures of the government from the unavoidable reproaches that flow from such a connection, and the banks themselves from the injurious effects of a supposed participation in the political conflicts of the day, from which they will other wise find it difficult to escape. These are my views upon this important subject ; form ed after careful reflection, and with no desire but to arrive at what is most likely to promote the public interest. They are now, as they were before, submitted with an unfeigned ueference for the opinions of others. It was hardly to be hoped that changes so important, on a sub ject so interesting, could be made without producing a serious diversity of opinion ; but so long as those con flicting views are kept above the influence of individual or local interests ; so long as they pursue only the gene ral good, and are discussed with moderation and candor, such diversity is a benefit, not EM injury. If a majority of Congress see the public welfare in a different light; and more especially it they should be satisfied that the measure proposed would not be acceptable to the people ; I shall look to their wisdom to substitute such as may be more conducive to the one, and more satisfactory to the other. In any event, they may confidently rely on my hearty co-operation to the fullest extent which rny views of the constitution and my sense of duty will permit. It is obviously important to this bnmch of the public service, and to the business and quiet of the country, that the whole subject should in some way be settled and regu lated by law ; and, if possible, at your present session. Besides the plan above referred to, I am not aware that any one has been suggested, except that of keeping the public money in the state banks, in special deposit. This plan is, to some extent, in accordance with the practice 202 THE TRUE REPUBLICAN. of the government, and which, except, perhaps during the operation of the late deposit act, has always been allowed, even during the existence of a national bank, to make a temporary use of the state banks, in particular places, for the safe-keeping of portions of the revenue. This discretionary power might be continued, if Con gress deem it desirable, whatever general system may be adopted. So long as the connection is voluntary, we need perhaps anticipate few of those difficulties, and little of that dependence on the banks, which must attend every such connection when compulsory in its nature, and when so arranged as to make the banks a fixed part of the machinery of government. It is undoubtedly in the pow er of Congress so to regulate and guard it as to prevent the public money from being applied to the use, or inter mingled with the affairs, of individuals. Thus arranged, although it would not give to the government that control over its own funds which I desire to secure to it by the plan I have proposed, it would, it must be admitted, in a great degree, accomplish one of the objects which has recommended that plan to my judgment the sepa ration of the fiscal concerns of the government from those of individuals or corporations. With these observations, I recommend the whole mat ter to your dispassionate reflection ; confidently hoping that some conclusion may be reached by your delibera tions, which, on the one hand, shall give stability to the fiscal operations of the government, and be consistent, on the other, with the genius of our institutions, and with the interests and wishes of the great mass of our con stituents. It was my hope that nothing would occur to make ne cessary, on this occasion, any allusion to the late national bank. There are circumstances, however, connected with the present state of its affairs, that bear so directly on the character of the government and the welfare of the citizen, that I should not feel myself excused in neglect ing to notice them. The charier which terminated its banking privileges on the fourth of March, 1836, con tinued its corporate powers two years more, for the eole purpose of closing its affairs, with authority " to 203 use the corporate name, style and capacity, for the pur pose of suits, for a final settlement and liquidation of the affairs and acts of the corporation, and for the sale and disposition of their estate, real, personal and mixed, but for no other purpose or in any other mariner whatsoever." Just before the banking privileges ceased, its effects were transferred by the bank to a new state institution, then recently incorporated, in trust, for the discharge of its debts and the settlement of its affairs. With this trustee, by authority of Congress, an adjust ment was subsequently made of the large interest which the government had in the stock of the institution. The manner in which a trust unexpectedly created upon the act granting the charter, and involving such great public interests, has been executed, would, under any circum stance, be a fit subject of inquiry ; but much more does it deserve your attention when it embraces the redemption of obligations to which the authority and credit of the United States have given value. The two years allowed are now nearly at an end. It is well understood that the trustee has not redeemed and cancelled the outstanding notes of the bank, but has re-issued, and is continually re issuing, since the 3d of March, 1836, the notes which have been received by it to a vast amount. According to its own official statement, so late as the first of October last, nineteen months after the banking privileges given by the charter had expired, it had under its control uncancelled notes of the late bank of the United States to the amount of twenty-seven millions five hun dred and sixty-one thousand eight hundred and sixty-six dollars, of which six millions one hundred and seventy- five thousand eight hundred and sixty-one dollars were in actual circulation, one million four him Ired and sixty- eight thousand six hundred and twenty seven dollars at state bank agencies, and three millions two thousand three hundred and ninety dollars in transitu: thus showing thnt upwards of ten millions and a half of the notes of the old bank were then still kept outstanding. The impropriety of this procedure is obvious ; it being the duty of the trustee to cancel and not to put forth the notes of an institution, whose concerns it had undertaken 201 THE TRUE REPUBLICAN. to wind up. If the trustee has a right to re-issue tnese notes now, I can see no reason why he may not continue to do so after the expiration of the two years. As no one could have anticipated a course so extraordinary, the pro hibitory clause of the chatter above quoted was not accom panied by any penalty or other special provision for en forcing it; nor have we any general law for the prevention of similar acts in future. But it is not in this view of the subject alone that your interposition is required. The United States, in settling with the trustee for their stock, have withdrawn their funds from their former direct liability to the creditors of the old bank, yet notes of the institution continue to be sent forth in its name, and apparently upon the authority of the United States. The transactions connected with the employment of the bills of the old bank are of vast extent ; and should they result unfortunately, the interests of individuals may be deeply compromised. Without un dertaking to decide how far, or in what form, if any, the trustee could be made liable for notes which contain no obligation on his part; or the old bank, for such as are put in circulation after the expiration of its charter, and without its authority ; or the government for indemnity in case of loss, the question still presses iiself upon your consideration, whether it is consistent with the duty and good faith on the part of the government, to witness this proceeding without a single effort to arrest it. The report of the Commissioner of the General Land Office, which will be laid before you by the secretary of the treasury, will show how the affairs of that office have been conducted for the past year. The disposition of the public lands is one of the most important trusts confided to congress. The practicability of retaining the title and control of such extensive domains in the general govern ment, and at the same time admitting the territories em bracing them into the federal union, as co-equal with the original states, was seriously doubted by many of our wisest statesmen. All feared that they would become a scource of discord, and many carried their apprehen sions so far as to see in them the seeds of a future dissolution of the confederacy. But happily our expe- VAN BUREN S FIKST ANNUAL MESSAGE. 205 rience has already been sufficient to quiet, in a great de gree, all such apprehensions. The position, at one time assumed that the admission of new states into the Union on the same footing with the original states, was incom patible with a right of soil in the United States, and ope rated as a surrender thereof, notwithstanding the terms of the compacts by which their admission was designed to be regulated has been wisely abandoned. Whether in the new or the old states, all now agree that the right of soil to the public lands remains in the federal government, and that these lands constitute a com mon property, to be disposed of for the common benefit of all the states, old and new. Acquiescence in this just principle by the people of the new states has naturally promoted a disposition to adopt the most liberal policy in the sale of the public lands. A policy which should be limited to the mere object of selling the lands for the greatest possible sum of money, without regard to higher considerations, finds but few advocates. On the contrary it is generally conceded, that while the mode of dispo sition adopted by the government, should always be a prudent one, yet its leading object ought to be the early settlement, and cultivation of the lands sold ; and that it should discountenance, if it cannot prevent, the accumu lation of large tracts in the same hands, which must ne cessarily retard the growth of the new states, or entail upon them a dependent territory and its attendant evils. A question embracing such important interests, and so well calculated to enlist the feelings of the people in every quarter of the Union, has very naturally given rise to numerous plans for the improvement of the existing sys tem. The distinctive features of the policy that, has hitherto prevailed, are, to dispose of the public lands at moderate prices, thus enabling a greater number to enter into competition for their purchase, and accomplishing a double object of promoting their rapid settlement by the purchasers, and at the same time increasing the receipts of the treasury ; to sell for cash, thereby preventing the disturbing influence of a large mass of private citizens indebted to the government which they have a voice in 18 206 THE TRUE REPUBLICAN. controlling ; to bring them into market no faster than good lands are supposed to be wanted for improvements, there by preventing the accumulation of large tracts in few hands ; and to apply the proceeds of the sales to the general purposes of the government; thus diminishing the amount to be raised from the people of the states by taxation, and giving each state its portion of the benefits to be derived from this common fund in a manner the most quiet, and at the same time, perhaps the most equi table that can be devised. These provisions, with occasional enactments in be half of special interests deemed entitled to the favor of government, have in their execution, produced results as beneficial upon the whole as could reasonably be expected in a matter so vast, so complicated, and so exciting. Up wards of seventy millions of acres have been sold, the great er part of which is believed to have been purchased for actual settlement. The population of the new states and territories created out of the public domain, in creased between 1800 and 1830, from less than sixty thousand, to upwards of two millions three hundred thousand souls, constituting, at the latter period, about one fifth of the whole people of the United States. The in crease since cannot be accurately known, but the whole may now be safely estimated at over three and a half millions of souls ; composing nine states, the representa tives of which constitute above one third of the Senate, and over one sixth of the House of the Representatives of the United States. Thus has been formed a body of free and independent landholders, with a rapidity unequalled in the history of mankind ; and this great result has been produced with out leaving any thing for future adjustment between the government and its citizens. The system under which so much has been accomplished cannot be intrinsically bad, and with occasional modifications, to correct abuses, and adapt it to changes of circumstances, may, I think, be safely trusted for the future. There is, in the management of such extensive interests, much virtue in stability ; and although great and obvious improvements should not be declined, changes should never be made VAN BUREN S FIRST ANNUAL MESSAGE. 4 >07 without the fullest examination, and the clearest demon stration of their practical utility. In the history of the past, we have an assurance that this safe rule of action will not be departed from in rela tion to the public lands ; nor is it believed that any ne cessity exists for interfering with the fundamental princi ples of the system, or that the public mind, even in the new states, is desirous of any radical alterations. On the contrary, the general disposition appears to be, to make such modifications and additions only as will more ef fectually carry out the original policy of filling our new states and territories with an industrious and independent population. The modification most perseveringly pressed upon Con gress, which has occupied so much of its time for years past, and will probably do so for a long time to come, if not sooner satisfactorily adjusted, is a reduction in the cost of such portions of the public lands as are ascertained to be unsaleable at the rate now established by law, and a graduation, according to their relative value, of the prices at which they may hereafter be sold. It is worthy of consideration whether justice may not be done to every interest in this matter, and a vexed question set at rest, perhaps forever, by a reasonable compromise of conflict ing opinions. Hitherto, after being offered at public sale, lands have been disposed of at one uniform price, whatever difference there might be in their intrinsic value. The leading considerations urged in favor of the mea sure referred to, are, that in almost all the land districts, and particularly in those in which the lanJs have been long surveyed and exposed to sale, there are still remain ing numerous and large tracts of every gradation of value, from the government price downward ; that these lands wili not be purchased at the government price, so long as better can be conveniently obtained for the same amount; that there are large tracts which even the improvements of the adjacent lands will never raise to that price ; and that the present uniform price, combined with their irre gular value, operates to prevent a desirable compactness of settlement in the new states, and to retard the full de- 208 THE TRUE REPUBLICAN. velopement of that wise policy on which our land system is founded, to the injury not only of the several states where the lands lie, i ut of the United States as a whole. The remedy proposed has been a reduction in prices according to the length of time the lands have been in the market, without reference to any other circumstances. The certainty that the efflux of time would not always in such cases, and perhaps not even generally, furnish a true criterion of value ; and the probability that persons resid ing in the vicinity, as the period for the reduction of prices approached, would postpone purchases they would other wise make, for the purpose of availing themselves of the lower price, with other considerations of a similar cha racter, have hitherto been successfully urged to defeat the graduation upon time. May not all reasonable desires upon this subject be sa tisfied without encountering any of these objections ? All will concede the abstract principle, that the price of the public lands should be proportioned to their relative value, so far as that can be accomplished without departing from the rule heretofore observed, requiring fixed prices in cases of private entries. The difficulty of the subject seems to lie in the mode of ascertaining what that value is. Would not the safest plan be that which has been adopted by many of the states as to the basis of taxation an actual valuation of lands and classifications of them into different rates ? Would it not be practicable and expedient to cause the relative value of the public lands in the old districts, which have been for a certain length of time in market, to be appraised and classed into two or more rates below the present minimum price, by the officers now employed in this branch of the public service, or in any other mode deemed preferable, and to make those prices permanent, if upon the coming in of the report they shall prove sa tisfactory to Congress? Cannot all the objects of gradu ation be accomplished in this way, and the objections which have hitherto been urged against it, avoided ? It would seem to me that such a step, with a restriction of the sales to limited quantities, and for actual improvement, would be free from all just exceptions. VAX DUREN S FIRST ANNUAL MESSAGE. 209 By the full exposition of the value of the lands thus furnished and extensively promulgated, persons living at a distance would be informed of their true condition, and enabled to enter into competition with those residing in the vicinity ; the means of acquiring an independent home would he brought within the reach of many who are unable to purchase at present prices ; the population of the new states would be more compact, and large tracts would be sold which would otherwise remain on hand ; not only would the land be brought within the means of a large number of purchasers, but many persons possessed of greater means would be content to settle on a larger quantity of the poorer lands, rather than emigrate farther west in pursuit of a smaller quantity of better lands. Such a measure would also seem to be more consistent with the policy of the existing laws that of converting the public domain into cultivated farms owned by their occupants. That policy is not best promoted by sending emigration up the almost interminable streams of the west, to occupy in groups the best spots of land, leaving im mense wastes behind them, and enlarging the frontier be yond the means of the government to afford it adequate protection; but in encouraging it to occupy, with reasona ble denseness, the territory over which it advances, and find its best defence in the compact front which it presents to the Indian tribes. Many of you will bring to the con sideration of the subject the advantage of local knowledge and greater experience, and all will be desirous of making an early and final disposition of every disturb ing question in regard to this important interest. If these suggestions shall in. any degree contribute to the accom plishment of so important a result, it will afford me sincere satisfaction. In some sections of the country most of the public lands have been sold, and the registers and receivers have little to do. It is a subject worthy of inquiry whether, in many cases, two or more districts may not be consoli dated, and the number of persons employed in this busi ness considerably reduced. Indeed, the time will come, when it will be the true policy of the general government 210 THE TRUE REPUBLICAN. as to some of the states, to transfer to them, for a reasona ble equivalent, all the refuse and unsold lands, and to withdraw the machinery of the federal land offices alto gether. All who take a comprehensive view of our fede ral system, and believe that one of its greatest excellen cies consists in interfering as little as possible with the internal concerns of the states, look forward with great interest to this result. A modification of the existing laws in respect to the prices of the public lands, might also have a favorable in fluence on the legislation of Congress, in relation to another branch of the subject. Many who have not the ability to buy at present prices, settle on those lands, with the hope of acquiring from their cultivation the means of purchasing under pre-emption laws, from time to time passed by Congress. For this encroachment on the rights of the United States, they excuse themselves under the plea of their own necessities ; the fact that they dispossess nobody, and only enter upon the waste domain; that they give additional value to the public hinds in their vicinity, and their intention ultimately to pay the govern ment price. So much weight has from time to time been attached to these considerations, that Congress have passed laws giving actual settlers on the public lands a right of pre-emption to the tracts occupied by them, at the mini mum price. These laws have in all instances been retrospective in their operations ; but in a few years after their passage, crowds of new settlers have been found on the public lands, for similar reasons, and under like expectations, who have been indulged with the same privilege. This course of legislation tends to impair public respect for the laws of the country. Either the laws to prevent intrusion upon the public lands should be executed, or, if that should be impracticable or inexpedient, they should De modified or repealed. If the public lands are to be con sidered as open to be occupied by any, they should, by law, be thrown open to all. That which is intended, in all instances, to be legalized, should at once be made legal, that those who are dis posed to conform to the laws, may enjoy at least equal VA\ BURKN S FIRST ANNUAL MESSAGE. 21 . privileges witli those who are not. But it is not believed to be the disposition of Congress to open the public lands to occupancy without regular entries and payment of the government price, as such a course must tend to worse evils than the credit system, which it was found necessary to abolish. It would seem, therefore, to be the part of wisdom and sound policy to remove, as far as practicable, the causes which produce intrusions upon the public lands, and then take efficient steps to prevent them in future. Would any single measure be so effective in removing all plausible grounds for these intrusions as the graduation of price al ready suggested ? A short period of industry and econo my in any part of our country would enable the poorest citizen to accumulate the means to buy him a home at the lowest prices, and leave him without apology for settling on lands not his own. If he did not, under such circum stances, he would enlist no sympathy in his favor; and the laws would be readily executed without doing violence to public opinion. A large portion of our citizens have seated themselves on the public lands, without authority, since the passage of the last pre-emption law, and now ask the enactment of another, to enable them to retain the lands occupied, upon payment of the minimum government price. They ask that which has been repeatedly granted before. If the future may be judged of by the past, little harm can be done to the interests of the treasury by yielding to their request. Upon a critical examination, it is found that the lands sold at the public sales since the introduction of cash payments in 1820, have produced, on an average, the nett of only six cents an acre more than the minimum government price. There is no reason to suppose that future sales will be more productive. The government, therefore, has no adequate pecuniary interest to induce it to drive those people from the lands they occupy, for the purpose of selling them to others. Entertaining these views, I recommend the passage of a pre-emption law for their benefit, in connection with the preparatory steps towards the graduation of the price of the public lands, and farther and more effectual pn*- 212 THE TRUE REPUBLICAN. visions to prevent intrusions hereafter. Indulgence to those who have settled on these lauds with expectations that past legislation would be made a rule for the future, and at the same time removing the most plausible ground on which intrusions are excused, and adopting more effi cient means to prevent them hereafter, appears to me the most judicious disposition which can be made of this dif ficult subject. The limitations and restrictions to guard against abuses in the execution of the pre-emption law, will necessarily attract the attention of Congress : but under no circum stances is it considered expedient to authorize floating claims in any shape. They have been heretofore, and doubtless would be hereafter, most prolific sources of fraud and oppression, and instead of operating to confer the favor of the government on industrious settlers, are often used only to minister to a spirit of cupidity at the expense of the most meritorious of that class. The accompanying report of the secretary of war will bring to your view the state of the army, and all the va rious subjects confided to the superintendence of that officer. The principal part of the army ha? been concentrated in Florida, with a view and in the expectation of bring ing the war in that territory to a speedy close. The ne cessity of stripping the posts on the maritime and inland frontiers, of their entire garrisons, for the purpose of as sembling in the field an army of less than four thousand men, would seem to indicate the necessity of increasing our regular forces ; and the superior efficiency as well as greatly diminished expense of that description of troops, recommend this measure as one of economy, as well as of expediency. I refer to the report for the reasons which have induced the secretary of war to urge the re-organiza tion and enlargement of the staff of the army, and of the ordnance corps, in which I fully concur. It is not, however, compatible with the interest of the people to maintain, in time of peace, a regular force ade quate to the defence of our extensive frontiers. In pe riods of danger and alarm, we must rely principally upon a well-organized militia ; and some general arrangement VAN BUREN S FIRST ANNUAL MESSAGE. 213 that will render this description of force more efficient, has long been a subject of anxious solicitude. It was re commended to the first Congress by General Washington, and has since been frequently brought to your notice, and recently its importance strongly urged by my immediate predecessor. The provision in the constitution that renders it neces sary to adopt a uniform system of organization for the militia throughout the United States, presents an insur mountable obstacle to an efficient arrangement by the classification heretofore proposed, and I invite your atten tion to the plan which will be submitted by the secretary of war, for the organization of the volunteer corps, and the instruction of militia officers, as more simple and prac ticable, if not equally advantageous, as a general arrange ment of the whole militia of the United States. A moderate increase of the corps both of military and topographical engineers, has been more than once recom mended by my predecessor, and my conviction of the pro priety, not to say necessity of the measure, in order to enable them to perform the various and important duties imposed upon them, induces me to repeat the recommen dation. The Military Academy continues to answer all the pur poses of its establishment, and not only furnishes well- educated officers of the army, but serves to diffuse through out the mass of our citizens, individuals possessed of mi litary knowledge, and the scientific attainments of civil and military engineering. At present, the cadet is bound, with the consent of his parents or guardians, to remain in service five years from the period of his enlistment, unless sooner discharged, thus exacting only one year s service in the army after his education is completed. This does not appear to me sufficient. Government ought to com mand for a longer period the services of those who are educated at the public expense ; and I recommend that the time of enlistment be extended to seven years, and the terms of the engagement strictly enforced. The creation of a national foundry for cannon, to be common to the service of the army and navy of the Uni ted States, has been heretofore recommended, and ap- 214 THE TRUE REPUBLICAN. pears to be required in order to place our ordnance on an equal footing with that of other countries, and to enable that branch of the service to control the prices of those articles, and graduate the supplies to the wants of the government, as well as to regulate their quality and insure their uniformity. The same reasons induce me to recommend the erec tion of a manufactory of gunpowder, to be under the di rection of the ordnance office. The establishment of a manufactory of small arms west of the Alieghany moun tains, upon the plan proposed by the secretary of war, will contribute to extend throughout that country the im provements which exist in establishments of a similar description in the Atlantic states, and tend to a much more economical distribution of the armament required in the western portion of our Union. The system of removing the Indians west of the Mis sissippi, commenced by Mr. Jefferson, in 1804, has been steadily persevered in by every succeeding President, and may be considered the settled policy of the country. Un connected at first with any well-defined system for their improvement, the inducements held out to the Indians were confined to the greater abundance of game to be found in the west; but when the beneficial effects of their re moval were made apparent, a more philanthropic and en lightened policy was adopted, in purchasing their lands east of the Mississippi. .Liberal prices were given, and provisions inserted in all the treaties with them for the application of the funds they received in exchange, to such purposes as were best calculated to promote their present welfare, and advance their future civilization. These measures have been attended thus far with the happiest results. It will been seen, by referring to the report of the com missioner of Indian affairs, that the most sanguine expec tations of the friends and promoters of this system have been realized. The Choctaws, Cherokees, and other tribes that first emigrated beyond the Mississippi, have, for the most part, abandoned the hunter state and be come cultivators of the soil. The improvement of their condition has been rapid, and it is believed that VAN BUREN S FIRST ANNUAL MESSAGE. 2)5 they a -e now fitted to enjoy the advantnges of a simple form of government, which has been submitted to them and received their sanction ; and I cannot too strongly urge this subject upon the attention of Congress. Stipulations have been made with all the Indian tribes to remove them beyond the Mississippi, except with the band of the Wyandotts, the Six Nations, in New York, the Menomonees, Mandans, and Stock bridges, in Wis consin, and Miarnies, in Indiana. With all but the Menomonees, it is expected that arrangements for their emigration will be completed the present year. The resistance which has been opposed to their removal by some tribes, even after treaties had been made with them to that effect, has arisen from various causes, operating differently on each of them. In most instances they have been instigated to resist ance ^by persons to whom the trade with them and the acauisition of their annuities were important; and in some by the personal influence of interested chiefs. These obstacles must be overcome ; for the government cannot relinquish the execution of this policy with out sacrificing important interests, and abandoning the tribes remaining east of the Mississippi to certain destruc tion. The decrease in numbers of the tribes within the limits of the states and territories has been most rapid. If they be removed, they can be protected from those associa tions and evil practices which exert so pernicious and destructive an influence over their destinies. They can be induced to labor, and to acquire property, and its ac quisition will inspire them with a feeling of independence. Their minds can be cultivated, and they can be taught the value of salutary and uniform laws, and be made sensible of the blessings of free government, and capable of enjoy ing its advantages. In the possession of property, knowledge, and a good government, free to give what direction they please to their labor, and sharers in the legislation by which their persons and the profits of their industry are to be protect ed and secured, they will have an ever present convic tion of the importance of union, of peace among 216 THE TRUE REPUBLICAN. themselves, and of the preservation of amicable relations with us. The interests of the United States would also be greatly promoted by freeing the relations between the general and state governments, from what has proved a most em barrassing incumbrance, by a satisfactory adjustment of conflicting titles to lands, caused by the occupation of the Indians, and by causing the resources of the whole coun try to be developed by the power of the state and general governments, and improved by the enterprise of a white population. Intimately connected with this subject is the obligation of the government to fulfil its treaty stipulations, and to protect the Indians thus assembled " at their new resi dence from all interruptions and disturbances from any other tribes or nations of Indians, or from any other per son or persons whatsoever," and the equally solemn ob ligation to guard from Indian hostilities its own border settlements stretching along a line of more than one thou sand miles. To enable the government to redeem their pledge to the Indians, and to afford adequate protection to its own citizens, will require the continual presence of a considerable regular force on the frontiers, and the estab lishment of a chain of permanent posts. Examinations of the country are now making, with a view to decide on the most suitable points for the erection of fort resses and other works of defence, the results of which will be presented to you by the secretary of war at an early day, together with a plan for the effectual protec tion of friendly Indians, and the permanent defence of the frontier states. By the report of the secretary of the navy, herewith communicated, it appears that unremitted exertions have been made at the different navy-yards, to carry into effect all authorized measures for the extension and employ ment of our naval force. The launching and prepa ration of the ship of the line Pennsylvania, and the complete repairs of the ships of the line Ohio, Delaware, and Columbus, may be noticed, as forming a respectable addition to this important arm of our national defence. Our commerce and navigation have received increased VAN BUREN S FIRST ANNUAL MESSAGE. 217 aid and protection during the present year. Our squad rons in the Pacific and on the Brazilian station have heen much increased, and that in the Mediterranean, although small, is adequate to the present wants of our com merce in that sea. Additions have been made to our squadron on the West India station, where the large force under Commodore Dallas has been most actively and efficiently employed in protecting our commerce, in preventing the importation of slaves, and in co-operating with the officers of the army in carrying on the war in Florida. The satisfactory condition of our naval force abroad, leaves at our disposal the means of conveniently provid ing for a home squadron, for the protection of commerce upon our extensive coast. The amount of appropriations required for such a squadron will be found in the general estimates for the naval service, for the year 1838. The naval officers engaged upon our coast survey, have rendered important service to our navigation. The discovery of a new channel into the harbor of New York, through which our largest ships may pass without danger, must afford impoitant commercial advantages to that harbor, and add greatly to its value as a naval station. The accurate survey of Georges shoals, off the coast of Massachusetts, lately completed, will render compara tively safe, a navigation hitherto considered dangerous. Considerable additions have been made to the number of captains, commanders, lieutenants, surgeons and assist ant surgeons in the navy. These additions were ren- deied necessary, by the increased number of vessels put in commission, to answer the exigencies of our growing commerce. Your attention is respectfully invited to the various suggestions of the secretary, for the improvement of the naval service. The report of the postmaster-general exhibits the pro gress and condition of the mail service. The operations of the post-office department, constitutes one of the most active elements of our national prosperity, and it is gratifying to observe with what vigor they are con ducted. The mail routes of the United States cover an 19 218 THE TRUE REPUBLICAN. extent of about one hundred and forty-two thousand eight hundred and severity-seven miles, having been increased about thirty-seven thousand one hundred and three miles, within the last two years. The annual mail transportation on these routes is about 36,228,962 miles, having been increased about 10,359,- 476 miles within the same period. The number of post- offices has also been increased from 10,770, to 12,009, very few of which receive the mails less than once a week, and a large portion of them daily. Contractors and post-masters in general are represented as attend ing to their duties with most commendable zeal and fidelity. The revenue of the department within the year ending on the 30th of June last, was $4,137,066 59 ; and its lia bilities accruing within the same time, were $3,380,847 75. The increase of revenue over that of the preceding year, was $708,166 41. For many interesting details, I refer you to the report of the postmaster-general, with the accompanying paper. Your particular attention is invited to the necessity of pro viding a more safe and convenient building for the accom modation of the department. I lay before Congress copies of reports, submitted in pursuance of a call made by me upon the heads of depart ments, for such suggestions as their experience might enable them to make, as to what further legislative pro visions may be advantageously adopted to secure the faithful application of public money to the objects for which they are appropriated ; to prevent their misapplication or embezzlement by those intrusted with the expenditure of them; and generally to increase the security of the government against losses in their disbursement. It is needless to dilate on the importance of providing such new safeguards as are within the power of legislation to promote these ends ; and I have little to add to the recommendations submitted in the accompanying papers. By law, the terms of service of our most important collecting and disbursing officers in the civil departments, are limited to four years, and when re-appointed, their VAN BUREN S FIRST ANNUAL MESSAGE. 219 bonds are required to be renewed. The safety of the public is much increased by this feature of the law, and there can be no doubt that its application to all officers intrusted with tho collection or disbursement of the pub lic money, whatever may be the tenure of their offices, would be equally beneficial. I therefore recommend, in addition to such of the suggestions presented by the heads of department as you may think useful, a general provi sion that all officers of the army or navy, or in the civil department, intrusted with the receipt or payment of the public money, and whose term of service is either un limited or for a longer time than four years, be required to give bonds, with good and sufficient securities, at the expiration of every such period. A change in the period of terminating the fiscal year, from the first of October to the first of April, has been frequently recommended, and appears to be desirable. The distressing casualties in steamboats, which have so frequently happened, during the year, seem to evince the necessity of attempting to prevent them by means of severe provisions connected with their custom-house papers. This subject was submitted to the attention of Congress by the secretary of the treasury, in his last annual report, and will be again noticed at the present session, with additional details. It will doubtless receive that early and careful consideration which its pressing importance appears to require. Your attention has heretofore been frequently called to the affairs of the District of Columbia, and I should not again ask it, did not their entire dependence on Con gress give them a constant claim upon its notice. Sepa rated by the constitution from the rest of the Union, limited in extent, and aided by no legislature of its own, it would seem to be a spot where a wise and uniform sys tem of local government might have been easily adopted. This district, however, unfortunately, has been left to linger behind the rest of the Union ; its codes, civil and criminal, are not only very defective, but full of obsolete or inconvenient provisions; being formed of portions of two states, discrepancies in the laws prevail in different narts of the territory, small as it is ; and although it was 220 THE TRUE REPUBLICAN. selected as the seat of the general government, the site of its public edifices, the depository of its archives, and the residence of officers intrusted with large amounts of public property, and the management of public business, yet it has never been subjected to, or received, that spe cial and comprehensive legislation which these circum stances peculiarly demand. I am well aware of the various subjects of greater magnitude and immediate interest, that press themselves on the consideration of Congress ; but I believe mere is no one that appeals more directly to its justice, man a liberal and even generous attention to the interests of r,he District of Columbia, and a thorough and careful revi sion of its local government. HARRISON S INAUGURAL ADDRESS, MARCH 4 1841. Fellow-Citizens: Called from a retirement which I had supposed was to continue for the residue of my life, to fill the Chief Ex ecutive office of this great and free nation, I appear before you, to take the oaths which the Constitution prescribes, as a necessary qualification for the performance of its du ties. And in obedience to a custom coeval with our go vernment and what I believe to be your expectations, I proceed to present to you a summary of the principles which will govern me in the discharge of the duties which I shall be called upon to perform. It was the remark of a Roman Consul, in an early pe riod of that celebrated republic, that a most striking con trast was observable in the conduct of candidates for of fices of power and trust, before and after obtaining them they seldom carrying out, in the latter case, the pledges and promises made in the former. However much the world may have improved, in many respects, in the lapse HARRISON S INAUGURAL ADDRESS. 221 of upwards of two thousand years since the remark was made by the virtuous ard indignant Roman, I fear that a strict examination of the annals of some of the modern elective governments, would develope similar instances of violated confidence. Although the fiat of the people has gone forth, pro claiming me the Chief Magistrate of this glorious Union, nothing upon their part remaining to be done, it may be thought that a motive may exist to keep up the delusion under which they may be supposed to have acted in rela tion to my principles and opinions ; and perhaps there may be some in this assembly who have come here either prepared to condemn those I shall now deliver, or, ap proving them, to doubt the sincerity with which they are uttered. But the lapse of a few months will confirm or dispel their fears. The outline of principles to govern, and measures to be adopted, by an Administration not yet begun, will soon be exchanged for immutable history, and I shall stand, either exonerated by my countrymen, or class ed with the mass of those who promised that they might deceive, and flattered with the intention to betray. How ever strong may be my present purpose to realize the expectations of a magnanimous and confiding people, I too well understand the dangerous temptations to which I shall be exposed, fron the magnitude of the power which it has been the pleasure of the people to commit to my hands, not to place my chief confidence upon the aid of that Almighty power which has hitherto protected me, and enabled me to bring to favorable issues other impor tant but still greatly inferior trusts } heretofore confided to me by my country. The broad foundation upon which our Constitution rests being the people a breath of theirs having made, as a breath can unmake, change or modify it -it can be assigned to none of the great divisions of Government, but to that of democracy. If such is its theory, those who are called upon to administer it must recognize, as its leading principle, the duty of shaping their measures so as to produce the greatest good to the greatest number. But, with these broad admissions, if we would compare the sovereignty acknowledged to exist in the mass of our 10* 222 TH TRUE REPUBLICAN . people, with the power claimed by other sovereignties, even by those which have been considered most purely democratic, we shall find a most essential difference.- All others lay claim to power limited only by their own will. The majority of our citizens, on the contrary, pos sess a sovereignty with an amount of power precisely equal to that which has been granted to them by the par ties to the national compact, and nothing beyond. We admit of no Government by divine right. Believing that, so far as power is concerned, the Beneficent Creator has made no distinction amongst men, that all are upon an equality, and that the only legitimate right to govern is an express grant of power from the governed. The Con stitution of the United States is the instrument containing this grant of power to the several departments composing the Government. On an examination of that instrument, it will be found to contain declarations of power granted and of power withheld. The latter is also susceptible of division, into power which the majority had the right to grant, but which they did not think proper to intrust to their agents, and that which they could not have granted, not being possessed by themselves. In other words, there are certain rights possessed by each individual Ame rican citizen, which, in his compact with the others, he has never surrendered. Some of them, indeed, he is un able to surrender, being in the language of our system un- alienable. The boasted privilege of a Roman citizen was to him a shield only against a petty provincial ruler, whilst the proud democrat of Athens could console him self under the sentence of death, for a supposed violation of the national faith, which no one understood, and which at times was the subject of the mockery of all, or the ba nishment from his home, his family and his country, with or without an alleged cause ; that it was the act, not of a single tyrant, or hated aristocracy, but of his assembled countrymen. Far different is the power of our sove reignty. It can interfere with no one s faith, prescribe forms of worship for no one s observance, inflict no pun ishment but after well ascertained guilt, the result of in vestigation under rules prescribed by the Constitution it self. These precious privileges, and those scarcely less HARRISON S INAUGURAL ADDRESS. 223 important, of giving expression to his thoughts and opin ions, either by writing or speaking, unrestrained but by the liability for injury to others, and that of a full partici pation in all the advantages which flow from the Govern ment, the acknowledged property of all, the American citizen derives from no charter granted by his fellow man. He claims them because he is himself a man, fashioned by the same Almighty hand as the rest of his species, and entitled to a full share of the blessings with which he has endowed them. Notwithstanding the limited sove reignty possessed by the people of the United States, and the restricted grant of power to the Government which they have adopted, enough has been given to accomplish all the objects for which it was created. It has been found powerful in war, and, hitherto, justice has been ad ministered, an intimate union effected, domestic tranquil lity preserved, and personal liberty secured to the citi zen. As was to be expected, however, from the defect of language, and the necessarily sententious manner in which the Constitution is written, disputes have arisen as to the amount of power which it has actually granted, or was intended to grant. This is more particularly the case in relation to that part of the instrument which treats of the legislative branch. And not only as regards the exercise of powers claimed under a general clause, giving that body the au thority to pass all laws necessary to carry into effect the specified powers, but in relation to the latter also. It is, however, consolatory to reflect, that most of the instances of alleged departure from the letter or spirit of the Consti tution, have ultimately received the sanction of a majority of the people. And the fact that many of our statesmen, most distinguished for talent and patriotism, have been, at one time or other of their political career, on both sides of each of the most warmly disputed questions, forces upon us the inference that the errors if errors they were, are at tributable to the intrinsic difficulty, in many instances, of ascertaining the intentions of the framers of the Constitution, rather than the influence of any sinister or unpatriotic mo tive. But the great danger to our institutions does not appear to me to be in a usurpation by the Government of 224 THE TRUE REPUBLICAN. power not granted by the people, but by the accumulation in one of the departments, of that which was assigned to others. Limited as are the powers which have been granted, still enough have been granted to constitute a despotism, if concentrated in one of the departments. This danger is greatly heightened, as it has been always observable that men are less jealous of encroachments of one department upon another, than upon their own re served rights. When the Constitution of the United States first came from the hands of the Contention which form ed it, many of the sternest republicans of the day were alarmed at the extent of the power which had been grant ed to the federal government, and more particularly of that portion which had been assigned to the Executive branch. There were in it features which appeared not to beinhar mony with their ideas of a simple representative of De mocracy, or Republic. And knowing the tendency of power to increase itself, particularly when exercised by a single individual, predictions were made that, at no very remote period, the Government would terminate in virtual monarchy. It would not become me to say that the fears of these patriots have been already realized. But, as I sincerely believe that the tendency of measures, and of men s opinions, for some years past, has been in that di rection, it is, I conceive, strictly proper that I should take this occasion to repeat the assurances I have heretofore given, of my determination to arrest the progress of that tendency, if it really exists, and restore the Government to its pristine health and vigor, as far as this can be effected in any legitimate exercise of the power placed in my hands. I proceed to state, in as summary a manner .as I can, my opinion of the sources of the evils which have been so ex tensively complained of, and the correctives which may be applied. Some of the former are unquestionably to be found in the defects of the Constitution ; others, in my judgment, are attributable to a misconstruction of some of its provisions. Of the former is the eligibility of the same individual to a second term of the Presidency. The sagacious mind of Mr. Jefferson early saw and lamented this error, and attempts have been made, hitherto without HARRISON rf INAUGURAL ADDRESS. 2 25 success, to apply the amendatory power of the States, to its correction. As, however, one mode of correction is in the power of every President, and consequently in mine, it would be useless, and perhaps invidious to enu merate the evils of which, in the opinion of many of our fellow-citizens, this error of the sages who framed the Constitution, may have been the source, and the bitter fruits which we are still to gather from it, if it continues to disfigure our system. It may be observed, however, as a general remark, that republics can commit no greater error than to adopt or continue any feature in their sys tems of government which may be calculated to create or increase the love of power in the bosoms of those to whom necessity obliges them to commit the management of their affairs. And surely nothing is more likely to produce such a state of mind than the long continuance of an office of high trust. Nothing can be more corrupting. Nothing more destructive of all those noble feel ings which belong to the character of a devoted re publican patriot. When this corrupting passion once takes possession of the human mind, like the love of gold, it becomes insatiable. It is the never-dying worm in his bosom, grows with his growth and strengthens with the declining years of its victim. If this is true, it is the part of wisdom for a Republic to limit the service of that offi cer, at least, to whom she has en-trusted the management of her foreign relations, the execution of her laws, and the command of her armies and navies, to a period so short as to prevent his forgetting that he is the accounta ble agent, not the principal ; the servant not the master. Until an amendment of the Constitution can be effected, public opinion may secure the desired object. I give my aid to it, by renewing the pledge heretofore given, that un der no circumstances, will I consent to serve a second term. But if there is danger to public liberty from the ac knowledged defects of the Constitution, in the want of limit to the continuance of the Executive power in the same hands, there is, I apprehend, not much less from a misconstruction of that instrument, as it regards the powers actually given. I cannot conceive that by a fair construction, any or either of its provisions would be 226 THE TRUE REPUBLICAN. found to constitute the President a part of the legislative power. It cannot be claimed from the power to recom mend, since, although enjoined as a duty upon him, it is a privilege which he holds in common with every other citizen. And although there may be something more of confidence in the propriety of the measures recommended in the one case than in the other, in the obligations of ultimate decision there can be no difference. In the lan guage of the Constitution, " all the legislative powers" which it grants " are vested in the Congress of the United States." It would be a solecism in language to say that any portion of these is not included in the whole. It may be said, indeed, that the Constitution has given the Executive the power to annul the acts of the legisla tive body, by refusing to them his assent. So a similar power has necessarily resulted from that instrument to the judiciary, and yet the judiciary forms no part of the legislature. There is, it is true, this difference between these grants of power; the Executive can put his nega tive upon the acts of the legislature for other causes than that of want of conformity to the Constitution, whilst the judiciary can only declare void those which violate that instrument. But the decision of the judiciary is final in such a case, whereas in every instance where the veto of the Executive is applied it may be overcome by a vote of two-thirds of both Houses of Congress. The negative upon the acts of the legislature, by the Executive autho rity, and that in the hands of one individual, would seem to be an incongruity in our system. Like some others of a similar character, however, it appears to be highly ex pedient, and if used only with the forbearance, and in the spirit which was intended by its authors, it may be pro ductive of great good, and be found one of the bet safe guards to the Union. At the period of the formation of the Constitution, the principle does not appear to have enjoyed much favor in the State Governments. It existed but in two, and in one of these there was a plural Execu tive. If we should search for the motives which ope rated upon the purely patriotic and enlightened assembly which framed the Constitution, for the adoption of a pro vision so apparently repugnant to the leading democratic HARRISON S INAUGURAL ADDRESS. 227 principles, that the majority should govern, we must re ject the idea that they anticipated from it any benefit to the ordinary course of legislation. They knew too well the high degree of intelligence which existed among the people, and the enlightened character of the State Legis latures, not to have the fullest confidence that the two bo dies elected by them would be worthy representatives of such constituents, and, of course, that they would require no aid in .conceiving and maturing measures which the circumstances of ihe country might require. And it is preposterous to suppose that a thought could for a mo ment have been entertained, that the President, placed at the Capital, in the centre of the country, could better un derstand the wants and wishes of the people than their own immediate representatives, who spent a part of every year among them, living with them, often laboring with them, and bound to them by the triple tie of interest, duty and affection. To assist or control Congress then in its ordinary legislation, could not, I conceive, have been the motive for conferring the veto power on the President. This argument acquires additional force from the fact of its never having been thus used by the first six Presidents, and two of them were members of the Convention, one presiding over its deliberations,, and the other bearing a larger share in consummating the labors of that august body than any other person,. But if bills never were re turned to Congress by either of the Presidents above re ferred to, upon the ground of their being inexpedient, or not as well adapted as they might be to the wants of the people, the veto was applied upan that of want of confor mity to the Constitution, or because errors had been com mitted from a too hasty enactment. There is another ground for the adoption of the veto principle, which had probably more influence in recom mending it to the Convention than any other. I refer to the security which it gives to the.just and equitable action of the legislature upon all parts of the Union. It could not but have occurred to the Convention that, in a country so extensive, embracing so great a variety of soil and cli mate and consequently of products, and which, from the same causes, must ever exhibit a great difference in th<? THE TRUE REPUBLICAN. amount of the population of its various sections, calling for a great diversity in the employments of the people, that the legislation of the majority might not always just ly regard the rights and interests of the minority. And that acts of this character might be passed, under an ex press grant by the words of the Constitution, and, there fore, not within the competency of the judiciary to declare void. That however enlightened and patriotic they might suppose, from past experience, the members of Congress might be, and however largely partaking, in the general, of the liberal feelings of the people, it was impossible to expect that bodies so constituted should not sometimes be controlled by local interests and sectional feelings. It was proper, therefore, to provide some umpire, from whose situation and mode of appointment more indepen dence and freedom from such influences might be expect ed. Such a one was afforded by the Executive depart-- ment, constituted by the Constitution. A person elected to that high office, having his constituents in every sec tion, state and sub-division of the Union, must consider himself bound by the most solemn sanctions, to guard, protect, and defend the rights of all, and of every portion, great or small, from the injustice and oppression of the rest. I consider the veto power, therefore, given by the Constitution to the Executive of the United States, solely as a conservative power. To be used only, first, to pro tect the Constitution from violation ; 2dly, the people from the effects of hasty legislation where their will has been probably disregarded or not well understood ; and, 3dly, to prevent the effects of combinations violative of the rights of minorities. In reference to the second of these objects, I may observe that I consider it the right and privilege of the people to decide disputed points of the Constitution, arising from the general grant of power to Congress to carry into effect the powers expressly given. And I believe with Mr. Madison, " that repeated recognitions, under varied circumstances, in acts of the legislature, executive, and judicial branches of the Go vernment, accompanied by indications, indifferent modes, of the concurrence of the general will of the nation, as af fording to the President sufficient authority for his consi dering such disputed points as settled. HARRISON S INAUGURAL ADDRESS. 229 Upwards of half a century has elapsed since the adop tion of the present form of Government. It would be an object more highly desirable than the gratification of the curiosity of speculative statesmen, if its precise situation could be ascertained, a fair exhibit made of the operations of each of its departments, of the powers which they re spectively claim and exercise, of the collisions which have occurred between them, or between the whole Go vernment and those of the States, or either of them. We could then compare our actual condition, after fifty years trial of our system, with what it was in the commence ment of its operations, and ascertain whether the predic tions of the patriots who opposed its adoption, or the con fident hopes of its advocates have been best realized. The great dread of the former seems to have been, that the re served powers of the states would be absorbed by those of the Federal Government, and a consolidated power es tablished, leaving to the states the shadow only of that independent action for which they had so zealously con tended, and on the preservation of which they relied as the last hope of liberty. Without denying that the result to which they looked with so much apprehension is in the way of being realized, it is obvious that they did not clearly see the mode of its accomplishment. The gene ral Government has seized upon none of the reserved rights of the states. As far as any open warfare may have gone, the state authorities have amply maintained their rights. To a casual observer, our system presents no ap pearance of discord between the different members which compose it. Even the addition of many new ones has produced no jarring. They move in their respective or bits in perfect harmony with the central head, and with each other. But there is still an under current at work, by which, if not seasonably checked, the worst apprehensions of our anti-federal patriots will be realized ; and not only will the State authorities be overshadowed by the great in crease of power in the Executive department of the gene ral Government, but the character of that Government, if not its designation, be essentially and radically changed. This state of things has been in part effected by causes 20 THE TRUE REPUBLICAN. inherent in the Constitution and in part by the never fail ing tendency of political power to increase itself. By making the President the sole distributor of all the patron age of the Government, the framers of the Constitution do not appear to have anticipated at how short a period it would become a formidable instrument to control the free operations of the state Governments. Of trifling im portance at first, it had, early in Mr. Jefferson s adminis tration, become so powerful as to create great alarm in the mind of that patriot from the potent influence it might exert in controlling the freedom of the elective franchise. If such could then have been the effects of its influence, how much greater must be the danger at this time, quad rupled in amount, as it certainly is, and more completely under the control of the Executive will than their con struction of their powers allowed, or the forbearing cha racters of all the early Presidents permitted them to make. But it is not by the extent of its patronage alone that the Executive department has become dangerous, but by the use which it appears may be made of the appointing pow ers to bring under its control the whole revenues of the country. The Constitution has declared it to be the duty of the President to see that the laws are executed, and it makes him the Commander-in-chief of the Armies and Navy of the United States. If the opinion of the most approved writers upon that species of mixed Government, which, in modern Europe is termed monarchy in contra distinction to despotism, is correct, there was wanting no other addition to the powers of our Chief Magistrate to stamp a monarchical character on our Government, but the control of the public finances. And to me it appears strange, indeed, that any one should doubt, that the en tire control which the President possesses over the offi cers who have the custody of the public money, by the power of removal, with or without cause, does, for all mischievous purposes at least, virtually subject the trea sures also to his disposal. The first Roman Emperor, in his attempt to seize the sacred treasure, silenced the opposition of the officer to whose charge it had been com mitted by a significant allusion to his sword. By a se lection of political instruments for the care of the public HARRISON S INAUGURAL ADDRESS. 231 money, a reference to their commission by a President, would he quite as effectual an argument as that of Caesar to the Roman Knight. I am not insensible of the great difficulty that exists in drawing a proper plan for the safe keeping and disbursement of the public revenues, and I know the importance which has been attached by men of great abilities and patriotism to the divorce, as it is called, of the treasury from the banking institutions. It is not the divorce which is complained of, but the unhallowed union of the Treasury with the Executive department, which has created such extensive alarm. To this danger to our republican institutions, and that created by the in fluence given to the Executive, through the instrumentality of the federal officers, I propose to apply all the remedies which may be at my command. It was certainly a great error in the framers of the Constitution, not to have made the officer at the head of the treasury department entirely independent of the Executive. He should at least have been removable only upon the demand of the popular branch of the legislature. I have determined never to re move a Secretary of the Treasury, without communicating all the circumstances attending such removal to both Houses of Congress. The influence of the Executive in controlling the free dom of the elective franchise through the medium of the public officers, can he effectually checked by renew ing the prohibition published by Mr. Jefferson forbid ding their interference in elections further than giving their own votes, and their own independence secured by an assurance of perfect immunity, in exercising this sacred privilege of freemen under the dictates of their own unbiassed judgments. Never, with my con sent, shall an officer of the people, compensated for his services out of their pockets, become the pliant instrument of Executive will. There is no part of the means placed in the hands of the Executive which might be used with greater effect, for unhallowed purposes, than the control of the public press. The maxim which our ancestors derived from the mother country, that "the freedom of the press is the great bulwark of civil and religious liberty," is one of the 232 THE TRUE REPUBLICAN. most precious legacies which they have left us. We have learned, too, from our own, as well as the experience of other countries, that golden shackles, by whomsoever 01 by whatever pretence imposed, are as fatal to it as the iron bonds of despotism. The presses in the necessary employment of the Government should never be \ised "to clear the guilty, or to varnish crime." A decent and manly examination of the acts of the government should be not only tolerated but encouraged. Upon another occasion I have given my opinion, at some length, upon the impropriety of Executive inter ference in the legislation of Congress. That the article in the Constitution making it the duty of the President to communicate information, and authorising him to recom mend measures, was not intended to make him the source in legislation, and, in particular, that he should never be looked to for schemes of finance. It would be very strange, indeed, that the Constitution should have strictly forbidden one branch of the legislature from interfering in the organization of such bills, and that it should be consi dered proper that an altogether different department of the government should be permitted to do so. Some of our best political maxims and opinions have been drawn from our parent Isle. There are others, however, which cannot be introduced into our system without singular incongruity and the production of much mischief. And this I conceive to be one. No matter in which of the houses of Parliament a bill may originate, nor by whom introduced, a minister or a member of the opposition, by the fiction of law, or rather of constitutional principle, the sovereign is supposed to have prepared it agreeably to his will, and then submitted it to Parliament for their advice and consent. Now, the very reverse is the case here, not only with regard to the principle, but the forms pre scribed by the Constitution. The principle certainly assigns to the only body constituted by the Constitution (the legislative body) the power to make laws, and the forms even direct that the enactment should be as ascribed to them. The Senate in relation to revenue bills, have the right to propose amendments ; and so has the Execu tive, by the power given him, to return them to the House HARRISON S INAUGURAL ADDRESS. 233 of Representatives with his objections. It is in his power, also, to propose amendments to the existing revenue laws, suggested by his observations upon their defective or in jurious operation. But the delicate duty of devising schemes of revenue should be left where the Constitution has placed it with the immediate representatives of the people. For similar reasons, the mode of keeping the public treasure should be prescribed by them, and the farther it is removed from the control of the Executive, the more wholesome the arrangement, and the more in accor dance with republican principle. Connected with this subject is the character of the cur rency. The idea of making it exclusively metallic, how ever well intended, appears to me to be fraught with more fatal consequences than any other scheme, having no re lation to the personal rights of the citizens, that has ever been devised. If any single scheme could produce the effect of arresting, at once, that mutation of condition by which thousands of our most indigent fellow-citizens, by their industry and enterprise, are raised to the possession of wealth, that is the one. If there is one measure better calculated than another to produce that state of things so much deprecated by all true Republicans, by which the rich are daily adding to their hoards, and the poor sinking deeper into penury, it is an exclusive metallic currency. Or if there is a process by which the character of the country for generosity and nobleness of feeling, may be destroyed by the great increase and necessary toleration of usury, it is an exclusive metallic currency. Amongst the other duties of a delicate character which the President is called upon to perform, is the supervision of the government of the Territories of the United States. Those of them which are destined to become members of our great political family, are compensated by their rapid progress from infancy to manhood, for the partial and tem porary deprivation of their political rights. It is in this Dis trict only, where American citizens can be found, who, un der a settled policy, are deprived of many important political privileges, without inspiring hope as to the future. Their only consolation under circumstances of such deprivation, is that of the devoted exterior guards of a camp that 20* 234 THE TRUE REPUBLICAN. their sufferings secure tranquillity and safety within. Are there any of their countrymen who would subject them to greater sacrifices, to any other humiliations than those essentially necessary to the security of the object for which they were thus separated from their fellow citizens ? Are their rights alone not to be guaranteed by the application of those great principles upon which all our Constitutions are founded ? We are told by the greatest of British orators and statesmen, that at the com mencement of the war of the Revolution, the most stupid men in England spoke of " their American subjects." Are there indeed citizens of any of our States who have dreamed of their subjects in the District of Columbia? Such dreams can never be realized by any agency of mine. The people of the District of Columbia are not the subjects of the people of the States, but free American citizens. Being in the latter condition when the Consti tution was formed, no words used in that instrument could have been intended to deprive them of that character. If there is any thing in the great principle of unalienable rights, so emphatically insisted upon in our Declaration of Independence, they could neither make, nor the Uni ted States accept, a surrender of their liberties, and be come the subjects, in other words, the slaves, of their former fellow-citizens. If this be true (and it will scarce ly be denied by any one who has a correct idea of his own rights as an American citizen) the grant to Congress of exclusive jurisdiction in the District of Columbia can be interpreted, so far as respects the aggregate people of the United States, as meaning nothing more than to allow to Congress the controlling power necessary to afford a free and safe exercise of the functions assigned to the ge neral Government by the Constitution. In all other re spects, the legislation of Congress should be adapted to their peculiar condition and wants, and be conformable with their deliberate opinions of their own interests. I have spoken of the necessity of keeping the respec tive departments of the Government, as well as all the other authorities of our country, within their appropriate orbits. This is a matter of difficulty in some cases, as the powers which they respectively claim are often not. defined by any distinct lines. Mischievous, however, in HARRISON S INAUGURAL ADDRESS. 235 their tendencies, as collisions of this kind may be, those which arise between the respective communities which, for certain purposes, compose one nation, are much more so ; for no such nation can long exist without the careful culture of those feelings of confidence and affection which are the effective bonds of union between free and confe derated states. Strong as is the tie of interest, it has been often found ineffectual. Men, blinded by their pas sions, have been known to adopt measures for their coun try in direct opposition to all the suggestions of policy. The alternative, then, is, to destroy or keep down a bad passion by creating and fostering a good one ; and this seems to be the corner-stone upon which our American political architects have reared the fabric of our Govern ment. The cement which was to bind it, and perpetuate its existence, was the affectionate attachment between all its members. To insure the continuance of this feeling produced at first by a community of dangers, of suffer ings, and of interests, the advantages of each were made accessible to all. No participation in any good, possess ed by any member of our extensive confederacy, except in domestic government, was withheld from the citizen of any other member. By a process attended with no dif ficulty, no delays, no expense but that of removal, the citi zen of one might become the citizen of any other, and suc cessively of the whole. The lines, too, separating powers to be exercised by the citizens of one state from those of another, seemed to be so distinctly drawn as to leave no room for misunderstanding. The citizens of each state unite in their persons all the privileges which that cha racter confers, and all that they may claim as citizens of the United States ; but in no case can the same person, at the same time, act as the citizen of two separate states, and he is therefore positively precluded from any inter ference with the reserved powers of any state but that of which he is, for the time being, a citizen. He may indeed offer to the citizens of other states his advice as to their management, and the form in which it is tendered is left to his own discretion and sense of propriety. It may be observed, however, that organized associations of citizens, requiring compliance with their wishes, too much resemble the recommendations of Athens to her allies supported 236 THE TRUE REPUBLICAN. by an armed and powerful fleet. It was, indeed, to the ambition of the leading states of Greece to control the do mestic concerns of the others, that the destruction of that celebrated confederacy, and subsequently of all its mem bers, is mainly to be attributed. And it is owing to the absence of that spirit that the Helvetic confederacy has for so many years been preserved. Never has there been seen in the institutions of the separate members of any confederacy more elements of discord. In the principles and forms of government and religion, as well as in the circumstances of the several cantons, so marked a discre pance was observable, as to promise any thing but har mony in their intercourse, or permanency in their alliance; and yet, for ages neither has been interrupted. Content with the positive benefits which their union produced, with the independence and safety from foreign aggression which it secured, these sagacious people respected the in stitutions of each other, however repugnant to their own principles and prejudices. Our confederacy, fellow-citizens, can only be preserved by the same forbearance. Our citizens must be content with the exercise of the powers with which the Consti tution clothes them. The attempt of those of one state to control the domestic institutions of another, can only result in feelings of distrust and jealousy, the certain har bingers of disunion, violence, civil war, and the ultimate destruction of our free institutions. Our confederacy is perfectly illustrated by the terms and principles governing a common co-partnership. There is a fund of power to be exercised under the direction of the joint councils ot the allied members, but that which has been reserved by the individual members is intangible by the common go vernment, or the individual members composing it. To attempt it finds no support in the principles of our Con stitution. It should be our constant and earnest endeavor mutual ly to cultivate a spirit of concord and harmony among the various parts of our confederacy. Experience has abun dantly taught us, that the -agitation, by citizens of one part of the Union, of a subject not confided to the gene ral Government, but exclusively under the guardianship HARRISON S INAUGURAL ADDRESS. 237 of the local authorities, is productive of no other conse quences than bitterness, alienation, discord, and injury to the very cause which is intended to be advanced. Of all the great interests which appertain to our country, that of union cordial, confiding, fraternal union is by far the most important, since it is the only true and sure guaranty of all others. In consequence of the embarrassed state of business and the currency, some of the states may meet with difficulty in their financial concerns. However deeply we may re gret any thing imprudent or excessive, in the engagements into which states have entered for purposes of their own, it does not become us to disparage the state Governments, nor to discourage them from making proper efforts for their own relief. On the contrary, it is our duty to en courage them, to the extent of our constitutional authority, to apply their best means, and cheerfully to make all ne cessary sacrifices, and submit to all necessary burdens, to fulfil their engagements and maintain their credit ; for the character and credit of the several states form a part of the character and credit of the whole country. The resources of the country are abundant ; the enter prise and activity of our people proverbial ; and we may well hope that wise legislation and prudent adminis tration, by the respective governments, each acting within its own sphere, will restore former prosperity. Unpleasant and even dangerous as collisions may some times be between the constituted authorities or the citi zens of our country, in relation to the lines which sepa rate their respective jurisdictions, the results can be of no vital injury to our institutions, if that ardent patriotism, that devoted attachment to liberty, that spirit of modera tion and forbearance for which our countrymen were once distinguished, continue to be cherished. If this con tinues to be the ruling passion of our souls, the weaker feeling of the mistaken enthusiast will be corrected, the Utopian dreams of the scheming politician dissipated, and the complicated intrigues of the demagogue rendered harmless. The spirit of liberty is the sovereign balm for every injury which our institutions may receive. On the contrary, no care that can be used in the construction of our Government, no division of powers, no distribution 238 THE TRUE REPUBLICAN 1 . of checks in its several departments, will prove effectual to keep us a free people, if this spirit is suffered to decay ; and decay it will without constant nurture. To the neg lect of this duty the best historians agree in attributing the ruin of all the republics with whose existence and fall their writings have made us acquainted. The same causes will ever produce the same effects ; and as long as the love of power is a dominant passion of the human bosom, and as long as the understandings of men can be warped and their affections changed, by ope rations upon their passions and prejudices, so long will the liberties of a people depend on their own constant attention to its preservation. The danger to all well- established free Governments arises from the unwilling ness of the people to believe in its existence, or from the influence of designing men, diverting their attention from th-e quarter whence it approaches to a source from which it can never come. This is the old trick of those who would usurp the government of their country. In the name of democracy they speak, warning the people against the influence of wealth, and the danger of aristocracy. History, ancient and modern, is full of such examples. Caesar became the master of the Roman people and the Senate, under the pretence of supporting the democratic claims of the former against the aristocracy of the latter. Cromwell, in the character of Protector of the liberties of the people, became the Director of England, and Bolivar possessed himself of unlimited power with the title of his country s Liberator. There is, on the contrary, no single instance on record, of an extensive and well-es tablished republic being changed into an aristocracy. The tendencies of all such governments, in their decline, is to monarchy : and the antagonist principle to liberty, there, is the spirit of faction a spirit which assumes the character, and in times of great excitement imposes itself upon the people as the genuine spirit of freedom, and, like the false Christs, whose coming was foretold by the Saviour, seeks, and were it possible, would impose upon the true and most faithful disciples of liberty. It is in periods like this that it behooves the people to be most watchful of those to whom they have entrusted power. And although 239 there is at times much difficulty in distinguishing the false from the true spirit, a calm and dispassionate investigation will detect the counterfeit, as well by the character of its operations, as the results that are produced. The true spirit of liberty, although devoted, persevering, bold, and uncompromising in principle that secured is mild, and tolerant, and scrupulous as to the means it employs ; whilst the spirit of party, assuming to be that of liberty, is harsh, vindictive and intolerant, and totally reckless as to the character of the allies which it brings to the aid of Us cause. When the genuine spirit of liberty animates the body of a people to a thorough examination of their affairs, it leads to the excision of every excrescence which may have fastened itself upon any of the departments of the Government, and restores the system to its pristine health and beauty. But the reign of an intolerant spirit of party, amongst a free people, seldom fails to result in a dangerous accession to the Executive power intro duced and established amidst unusual professions of devo tion to democracy. The foregoing remarks relate, almost exclusively, to matters connected with our domestic concerns. It may be proper, however, that I should give some indications to my fellow-citizens of my proposed course of conduct in the management of our "foreign relations. I assure them, therefore, that it is my intention to use every means in my power to preserve the friendly intercourse which now so happily subsists with every foreign nation. And that although, of course, not well informed as to the state of pending negotiations with any of them, I see, in the personal characters of their sovereigns, as well as in the mutual interests of our own, and of the governments with which our relations are most intimate, a pleasing guaranty that the harmony so important to the interests of their subjects, as wel; as of our citizens, will not be interrupted by the advancement of any claim or pretension upon their part to which our honor would not permit us to yield. Long the defender of my country s rights in the field, I trust that my fellow citizens will not see, in my earnest desire to preserve peace with foreign powers, any indi cation that their rights will ever be sacrificed, or the 240 THE TRUE REPUBLICAN. honor of the nation tarnished, by any admission on the part of their Chief Magistrate, unworthy of their former glory. In our intercourse with our aboriginal neighbours, the same liberality and justice which marked the course prescribed to me by two of my illustrious predecessors, when acting under their direction in the discharge of the duties of Superintendent and Commissioner, shall be strictly observed. I can conceive of no more sublime spectacle none more likely to propitiate an impartial and common Creator than a rigid adherence to the principles of justice, on the part of a powerful nation, in its transac tion with a weaker and uncivilized people, whom circum stances have placed at its disposal. Before concluding, fellow citizens, I must say some thing to you on the subject of the parties at this time ex isting in our country. To me it appears perfectly clear that the interest of that country requires that the violence of the spirit by which those parties are at this time governed, must be greatly mitigated, if not entirely extinguished or consequences will ensue which areapalling to be thought of. If parties in a Republic are necessary to secure a degree of vigilance sufficient to keep the public functionaries within the bounds of law and duty, at that point their use fulness ends: beyond that, jhey become destructive of public virtue, the parent of a spirit antagonist to that of liberty, and eventually its inevitable conqueror. We have examples of republics, where the love of country and of liberty at one time were the dominant passions of the whole mass of citizens, and yet, with the continuance of the name and forms of free government, not a vestige of these qualities remaining in the bosoms of any one of its citizens. It was the beautiful remark of a distin guished English writer, that "In the Roman Senate, Octavius had a party, and Anthony a party, but the Commonwealth had none." Yet the Senate con tinued to meet in the Temple of Liberty, to talk of the sacredness and beauty of the Commonwealth, and gaze at the statues of the elder Brutus and of the Curtii and Decii ; and the people assembled in the forum, not as in the days of Camillus and the Scipios, to cast their free votes for annual magistrates, or pass upon the acts of the HARRISON S INAUGURAL ADDRESS. 241 Senate, but to receive from the hands of the leaders of the respective paties their share of the spoils, and to shout for one or the other, as those collected in Gaul or Egypt and the lesser Asia would furnish the larger dividend. The spirit of liberty had fled, and avoiding the abodes of civilized man had sought protection in the wilds of Scy thia Scandinavia. And so under the operation of the same causes and influences it will fly from our Capital and our forums. A calamity so awful, not only to our country, but to the world, must be deprecated by every patriot, and every tendency to a stale of things likely to produce it immediately checked. Such a tendency has existed does exist. Always the friend of my countrymen, never their flatterer, it becomes my duty to say to them, from this high place to which their partiality has exalted me, that there exists in the land a spirit hostile to their best interests hostile to liberty itself. It is a spirit contracted in its views selfish in its objects. It looks to the aggrandizement of a few even to the destruction of the interest of the whole. The entire remedy is with the people. Something, however, may be effected, by the means which they have placed in my hands. It is union that we want, not of a party for the sake of that party, but a union of the whole country, for the sake of the whole country. For the de fence of its interests and its honor against foreign aggres sionlor ihe defence of those principles for which our ancestors so gloriously contended. As far as it depends upon me, it shall be accomplished. All the influence that I possess shall be exerted to prevent the formation at least of an Executive party in the halls of the legislative body. I wish for the support of no member of that body to any measure of mine that does not satisfy his judgment and his sense of duty to those from whom he holds his appointment. Nor any confidence in advance from the people but that asked for by Mr. Jefferson, * to give firmness and effect to the leo-al administration of their af fairs. 1 I deem the present occasion sufficiently important and solemn to justify me in expressing to my fellow-citizens a profound reverence for the Christian religion, and a 21 2-12 THE TRUE REPUBLICAN. thorough conviction that sound morals, religious liberty, and a just sense of religious responsibility, are essential ly connected with all true and lasting happiness. And to that good Being who has blessed us by the gifts of civil and religious freedom who watched over and prospered the labors of our fathers, and has hitherto preserved to us institutions far exceeding in excellence those of any other people, let us unite in fervently commending every interest of our beloved country in all future time. [Oath administered.]} Fellow-citizens : Being fully invested with that high of fice to which the partiality of my countrymen has called me, I now take an affectionate leave of you. You will bear with you to your homes the remembrance of the pledge I have this day given, to discharge all the high duties of my exalted station according to the best of my ability ; and I shall enter upon their performance with en tire confidence in the support of a just and generous people. TYLER S ADDRESS. APRIL 9, 1841. Fellow- Citizens : Before my arrival at the seat of Government, the pain ful communication was made to you by the officers pre siding over the several Departments, of the deeply regret ted death of WILLIAM HEXRY HARRISON, late President of the United States. Upon him you had conferred your suffrages for the first office in your gift, and had selected him as your chosen instrument to correct and reform all such errors and abuses as had manifested themselves from time to time in the practical operation of the Go vernment. While standing at the threshold of this great work, he has, by the dispensation of an all-wise Provi dence, been removed from amongst us, and by the provi sions of the Constitution the efforts to be directed to (he . T ^ a. E TYLER S ADDRESS. 213 accomplishing of this vitally important task have devolved upon myself. This same occurrence has subjected the wisdom and sufficiency of our institutions to a new test. For the first time in our history the person elected to the Vice Presidency of the United States, by the happening of a contingency provided for in the Constitution, has had devolved upon him the Presidential office. The spirit of faction, which is directly opposed to the spirit of a lofty patriotism, may find in this occasion for assaults upon my administration. And in succeeding, under circum stances so sudden and unexpected, and to responsibilities so greatly augmented, to the administration of public af fairs, I shall place in the intelligence and patriotism of the people my only sure reliance. My earnest prayer shall be constantly addressed to the all-wise and all-powerful Being, who made me, and by whose dispensation I am called to the high office of President of this confederacy, under- standingly to carry out the principles of that Constitution which I have sworn to protect, preserve, and defend. The usual opportunity which is afforded to a Chief Magistrate upon his induction to office of presenting to his countrymen an exposition of the policy which would guide his administration, in the form of an inaugural ad dress, not having, under the peculiar circumstances which have brought me to the discharge of the high duties of President of the United States, been afforded to me, a brief exposition of the principles which will govern me in the general course of my administration of public affairs would seem to be due as well to myself as to you. In re gard to foreign nations, the groundwork of my policy will be justice on our part to all, submitting to injustice from none. While I shall sedulously cultivate the relations of peace and amity with one and all, it shall be my most imperative duty to see that the honor of the country shall sustain no blemish. With a view to this, the condition of our mili tary defences will become a matter of anxious solicitude. The Army, which has in other days covered itself with renown, and the Navy not inappropriately termed the right arm of the public defence, which has spread a light of glory over the American standard in all the waters ol the earth, should be rendered replete with efficiency. 244 THE TRUE REPUBLICAN. In view of the fact, well avouched hy history, that the tendency of all human institutions is to concentrate pow er in the hands of a single man, and that their ultimate downfal has proceeded from this cause, I deem it ot the most essential importance that a complete separation should take place between the sword and thp purse. No matter where or how the public moneys shall be deposit ed, so long as the President can exert the power of ap pointing and removing, at his pleasure, the agents select ed for their custody, the Commander-in-chief of the Army and Navy is in fact the Treasurer. A permanent and radical change should therefore be decreed. The patro nage incident to the presidential office, already great, is constantly increasing. Such increase is destined to keep pace with the growth of our population, until without a figure of speech, an army of office-holders may be spread over the land. The unrestrained power exerted by a selfishly ambitious man, in order either to perpetuate his authority, or to hand it over to some favorite as his suc cessor, may lead to the employment of all the means with in his control to accomplish his object. The right to re move from office, while subjected to no just restraint, is inevitably destined to produce a spirit of crouching ser vility with the official corps, which, in order to uphold the hand which feeds them, would lead to direct and ac tive interference in the elections, both state and federal, thereby subjecting the course of state legislation to the dictation of the Chief Executive Officer, and making the will of that officer absolute and supreme. I will, at a pro per time, invoke the action of Congress upon this subject, and shall readily acquiesce in the adoption of all proper measures which are calculated to arrest these evils, so full of danger in their tendency. I will remove no incumbent from office who has faithfully and honestly acquitted him self of the duties of his office, except in such cases where such officer has been guilty of an active partizanship, or by secret means the less manly, and therefore the more objectionable has given his official influence to the pur poses of party, thereby bringing the patronage of the go vernment in conflict with the freedom of election. Nu merous removals mav become necessary under this rule. TYLER S ADDRESS. 245 These will be made by me through no acerbity of feeling-. I have had no cause to cherish or indulge unkind feel ings towards any, but my conduct will be regulated by a profound sense of what is due to the country and its in stitutions ; nor shall I neglect to apply the same unbend ing rule to those of my own appointment. Freedom of opinion will be tolerated, the full enjoyment of the right oif suffrage will be maintained as the birthright of every American citizen, but I say emphatically to the official corps, thus far and no farther. I have dwelt longer upon this subject, because removals from office are likely often to arise, and I would have my countrymen to un derstand the principle of the Executive action. In all public expenditures the most rigid economy should be resorted to, and, as one of its results, a public debt in time of peace be sedulously avoided. A wise and patriotic constituency will never object to the imposition of necessary burdens for useful ends ; and true wisdom dictates the resort to such means, in order to supply de ficiencies in the revenue, rather than to those doubtful expedients, which, ultimating in a public debt, serve to embarrass the resources of the country and to lessen its ability to meet any great emergency which may arise. All sinecures should be abolished. The appropriations should be direct and explicit, so as to leave as limited a share of discretion to the disbursing agents as may be found compatible with the public service. A strict responsi bility on the part of all the agents of the Government should be maintained, and peculation or defalcation visited with immediate expulsion from office and the most condign punishment. The public interest also demands that, if any war has existed between the Government and the currency, it shall cease. Measures of a financial character, now hav ing the sanction of legal enactment, shall be faithfully en forced until repealed by the legislative authority. But I owe it to myself to declare that I regard existing enactments as unwise and impolitic, and in a high degree oppressive. T shall promptly give my sanction to any constitutional mea sure which, originating in Congress, shall have for its ob- 20 246 THE TRUE REPUBLICAN. ject the restoration of a sound circulating medium, so essen tially necessary to give confidence in all the transactions of life, to secure to industry its just and adequate rewards, and to re-establish the public prosperity. In deciding upon the adaption of any such measure to the end pro posed as well as its conformity to the Constitution, I shall resort to the Fathers of the great Republican school for advice and instruction, to be drawn from their sage views of our system of Government, and the light of their ever glorious example. The institutions under which we live, my country men, secure each person in the perfect enjoyment of all his rights. The spectacle is exhibited to the world of a Government deriving its powers from the consent of the governed, and having imparted to it only so much power as is necessary for its successful operation. Those who are charged with its administration should carefully ab stain from all attempts to enlarge the range of powers thus granted to the several departments of the Govern ment, other than by an appeal to the People for additional grants, lest by so doing they disturb that balance which the patriots and statesmen who framed the Constitution designed to establish between the Federal Government and the States composing the Union. The observance of these rules is enjoined upon us by that feeling of re verence and affection which finds a place in the heart of every patriot for the preservation of union and the bless ings of union for the good of our children and our children s children, through countless generations. An opposite course could not fail to generate factions, intent upon the gratification of their selfish ends ; to give birth to local and sectional jealousies, and to ultimate either in breaking asunder the bonds of union, or in building up a central system, which would inevitably end in a bloody sceptre and an iron crown. In conclusion, I beg you to be assured that I shall exert myself to carry the foregoing principles into practice during my administration of the Government, and, confiding in the protecting care of an ever-watchful and overruling Provi dence, it shall be my first and highest duty to preserve TYLER S FIRST MESSAGE. 247 unimpaired the free institutions under which we live, and transmit them to those who shall succeed me in their full force and vigor. TYLER S FIRST MESSAGE, JUNE 1, 1841. To the, Senate, and House of Representatives of the United States: Fellow-Citizens : You have been assembled, in your respective halls of legislation, under a proclamation bear ing the signature of the illustrious citizen who was so lately called by the direct suffrages of the people to the discharge of the important functions of their chief execu tive office. Upon the expiration of a single month from the day of his installation, he has paid the great debt of nature, leaving behind him a name associated with there- collection of numerous benefits conferred upon the coun try during a long life of patriotic devotion. With this public bereavement are connected other considerations which will not escape the attention of Congress. The preparations necessary for his removal to the seat of Go vernment in view of a residence of four years, must have devolved upon the late President heavy expenditures, which, if permitted to burden the limited resources of his private fortune, may tend seriously to the embarrassment of his surviving family ; and it is therefore respectfully submitted to Congress whether the ordinary principles of justice would not dictate the propriety of its legislative interposition. By the provisions of the fundamental law, the powers and duties of the high station to which he was elected have devolved upon me, and in the disposi tion of the representatives of the States and of the people will be found to a great extent a solution of the problem to which our institutions are for the first time subjected. 248 THE TRUE REPUBLICAN. In entering upon the duties of this office, I did not feel that it would be becoming in me to disturb what had been ordered by my lamented predecessor. Whatever, there fore, may have been my opinion, originally, as to the pro priety of convening Congress at so early a day from that of its late adjournment, I found a new and controlling in ducement not to interfere with the patriotic desires of the late President, in the novelty of the situation in which I was so unexpectedly placed. My first wish, under such cir cumstances, would necessarily have been to have called to my aid, in the administration of public affairs, the com bined wisdom of the two Houses of Congress, in order to take their counsel and advice as to the best mode of extri cating the Government and the country from the embar rassments weighing heavily on both. I am then most happy in finding myself, so soon after my accession to the Presidency, surrounded by the immediate representa tives of the states and people. No important changes having taken place in our for eign relations since the last session of Congress, it is not deemed necessary on this occasion to go into a detailed statement in regard to them. I am happy to say that 1 see nothing to destroy the. hope of being able to preserve peace. The ratification of the treaty with Portugal has been duly exchanged between the two Governments. This Go vernment has not been inattentive to the interests of those of our citizens who have claims on the Government of Spain founded on express treaty stipulations ; and a hope is indulged that the representations which have been made to that Government on this subject may lead ere long ta beneficial results. A correspondence has taken place between the Secre tary of State and the Minister of Her Britannic Majesty accredited to this Government, on the subject of Alexan der McLeod s indictment and imprisonment, copies of which are herewith communicated to Congress. In addition to what appears from these papers, it may be proper to state that Alexander McLeod has been heard by the Supreme Court of the State of New York on his motion to be discharged from imprisonment, and that tho decision of that court has not as yet been pronounced. 249 The Secretary of State has addressed to me a paper upon two subjects, interesting to the commerce of the country, which will receive my consideration, and which I have the honor to communicate to Congress. So far as it depends on the course of this Government, our relations of good will and friendship will be sedu lously cultivated wiih all nations. The true American policy will be found to consist in the exercise of a spirit of justice to be manifested in the discharge of all our in ternational obligations, to the weakest of the family of na tions, as well as to the most powerful. Occasional con flicts of opinion may arise, but when the discussions in cident to them are conducted in the language of truth, and with a strict regard to justice, the scourge of war will for the most part be avoided. The time ought to be regard ed as having gone by when a resort to arms is to be es teemed as the only proper arbiter of national differences. The census recently taken shows a regularly progres sive increase in our population. On the breaking out of the war of the revolution, our numbers scarcely equalled three millions of souls ; they already exceed seventeen millions, and will continue to progress in a ratio which duplicates in a period of about twenty-three years. The old States contain a territory sufficient in itself to maintain a population of additional millions, and the most populous of the new States may even yet be regarded as but partial ly settled, while of the new lands on this side of the Rocky mountains, to say nothing of the immense region which stretches from the base of those mountains to the mouth of the Columbia river, about 270,000,000 of acres, ceded and unceded, still remain to be brought into mar ket. We hold out to the people of other countries an in vitation to come and settle among us as members of our rapidly growing family, and, for the blessings which we offer them, we require them to look upon our country, as their country, and to unite with us in the great task of pre serving our institutions, and thereby perpetuating our liber ties. No motive exists for foreign conquests. We desire but to reclaim our almost illimitable wilderness, and thereby to introduce into their depths the light of civilization. While we shall at all times be prepared to vindicate the 250 THE TRUE REPUBLICAN. national honor, our most earnest desire will be to main tain an unbroken peace. In presenting the foregoing views, I cannot withhold the expression of the opinion that there exists nothing in the extension of our empire over our acknowledged pos sessions to excite the alarm of the patriot for the safety of our institutions. The federative system, leaving to each state the care of its domestic concerns, and devolving on the federal government those of general import, admits in safety of the greatest expansion, but at the same time I deem it proper to add that there will be found to exist at all times an imperious necessity for restraining all the functionaries of this Government within the range of their respective powers, thereby preserving a just balance be tween the powers granted to this Government and those reserved to the States and to the people. From the report of the Secretary of the Treasury, you will perceive that the fiscal means present and accruing, are insufficient to supply the wants of the Government for the current year. The balance in the Treasury on the 4th day of March last, not covered by outstanding drafts, and exclusive of trust funds, is estimated at $860, 000. This includes the sum of $215,000 deposited in the mint and its branches to procure metal for coining and in process of coinage, and which could not be withdrawn without inconvenience ; thus leaving subject to draft in the various depositories, the sum of $645,000. By virtue of two several acts of Congress, the Secretary of the Treasu ry was authorized to issue, on and after the 4th of March last, Treasury Notes to the amount of $5,413,000, making an aggregate available fund of $6,058,000 on hand. But this fund was chargeable with outstanding Trea sury Notes redeemable in the current year and interest thereon to the estimated amount of five millions two hun dred and eighty thousand dollars. There is also thrown upon the Treasury the payment of a large amount of de mands accrued in whole or in part in former years, which will exhaust the available means of the Treasury, and leave the accruing revenue reduced as it is in amount, burdened with debt, and charged with the current ex penses of the Government. The aggregate amount of TYLER S FIRST MESSAGE. 251 outstanding appropriations on the 4th of March last was $33,429, Gi6 50, of which $24,210,300 will be re quired during the current year, and there will also be re quired for the use of the War Department additional ap propriations to the amount of two millions five hundred and eleven thousand one hundred and thirty two dollars and ninety eight cents, the especial objects of which will be seen by reference to the report of the Secretary of War The anticipated means of the Treasury are greatly in adequate to this demand. The receipts for customs for the last three quarters of the last year, amount ed to $12,100,000 ; the receipts for lands for the same time to $2,742,450 ; showing an average revenue from both sources of $1,236,780 per month. A gradual expan sion of trade growing out of a restoration of confidence, together with a reduction in the expenses of collecting, and punctuality on the part of collecting officers, may cause an addition to the monthly receipt from the customs. They are estimated for the residue of the year, from the fourth of March, $12,000,000; the receipts from the pub lic land for the same time are estimated at $2,600,000; and from miscellaneous sources at $170,000; making an aggregate of available fund within the year of $14,670,000; which will leave a probable deficit of $11,406,132 98. To meet this, some temporary provision is necessary, un til the amount can be absorbed by the excess of revenues, which are anticipated to accrue at no distant day. There will fall due within the next three months, Treasury Notes of the issues of 1840, including interest, about $2,850,000. There is chargeable in the same pe riod for arrearages for taking the sixth census $294,000 ; and the estimated expenditures for the current service are about $3,100,000, making the aggregate demands upon the Treasury, prior to the first of September next, about $11,340,000. The ways and means in the Treasury, and estimated to accrue within the above named period, consist of about $694,000 of funds available on the 28th ultimo ; an unissued balance of Treasury Notes authori zed by the act of 1841, amounting to $1,955,000, and es timated receipts from all sources of $3,800,000, making an aggregate of about $6,450,000, and leaving a probable deficit on the 1st of September next of $4,845,000. 252 THE TRUE REPUBLICAN. In order to supply the wants of the Government, an intelligent constituency, in view of the best interests, will, without hesitation, submit to all necessary burdens. But it is nevertheless important so to impose them as to avoid defeating the just expectations of the country, growing out of pre-existing laws. The act of 2d March, 1833, commonly called the Compromise Act, should not be al tered except under urgent circumstances, which are not believed at this lime to exist. One year only remains to complete the series of reductions provided for by that law, at which time provisions made by the same law, and whicli will then be brought actively in aid of the manu facturing interests of the Union, will not fail to produce the most beneficial results. Under a system of discrimi nating duties imposed for purposes of revenue, in unison with the provisions of existing laws, it is to be hoped that our policy will, in the future, be fixed and permanent, so as to avoid those constant fluctuations which defeat the very object they have in view. We shall thus best main tain a position which, while it will enable us the more readily to meet the advances of other countries calculated to promote our trade and commerce, and will at the same time leave in our own hands the means of retaliating with greater effect unjust regulations. In intimate connexion with the question of revenue is that which makes provision for a suitable fiscal agent ca pable of adding increased facilities in the collection and disbursement of the public revenues, rendering more se cure their custody, and consulting a true economy in the great multiplied and delicate operations of the Treasury Department. Upon such an agent, depends, in an emi nent degree, the establishment of a currency uniform in value, which is of so great importance to all the essential interests of society ; and on the wisdom to be manifested in its creation much depends. So intimately interwoven are its operations, not only with the interests of individuals, but with those of the States, that it may be regarded in a great degree as con trolling both. If paper be used as the chief medium of circulation, and the power be vested in the Government of using it at pleasure, either in the form of Treasury TYLER S FIRST MESSAGE. 253 drafts or any other, or if banks be used as the public de positories, with liberty to regard all surplusses, from day to day as so much added to their active capital, prices are exposed to constant fluctuations, and industry to severe suffering 1 . In the one case, political considerations, di rected to party purposes, may control, while excessive cupidity may prevail in the other. The public is thus constantly liable to imposition. Expansions and contrac tions may follow each other in rapid succession, the one engendering a reckless spirit of adventure and speculation, which embraces States as well as individuals ; the other causing a fall in prices, and accomplishing an entire change in the aspect of affairs. Stocks of all kinds ra pidly decline individuals are ruined, and States embar rassed even in their efforts to meet with punctuality the interest on their debts. Such, unhappily, is the state of things now existing in the United States. These effects may readily be traced to the causes above referred to. The public revenues, on being removed from the Bank of the United States, under an order of the late President, were placed in selected Banks, which actuated by the double motive of conciliating the Government and aug menting their profits to the greatest possible extent, en larged extravagantly their discounts, thus enabling all other existing banks to do the same. Large dividends were declared, which, stimulating the cupidity of capitalists, caused a rush to be made to the legislatures of the respective States for similar acts of in corporation, which, by many of the States, under a tem porary infatuation, were readily granted, and thus the augmentation of the circulating medium, consisting al most exclusively of paper, produced a most fatal delusion. An illustration, derived from the land sales of the period alluded to, will serve best to show the effect of the whole system. The average sales of the public lands, for a period of ten years prior to 1834, had not much exceeded $2,000,000 per annum. In 1834 they attained in round numbers, to the amount of $6,000,000. In the succeeding year, of 1835, they reached $16,000,000. And the next year, of 1836, they amounted to the enormous sum of $25,000,000. Thus crowded into the short space of three 23 251 THE TRUE REPUBLICAN. years upwards of twenty-three years purchase of the public domain. So apparent had become the necessity of arresting this course of things, that the Executive de partment assumed the highly questionable power of dis criminating in the funds to be used in payment by dif ferent classes of public debtors a discrimination which was doubtless designed to correct this most ruinous state of things by the exaction of specie in all payments for the public lands, but which could not at once arrrest the tide which had so strongly set in. Hence the demands for specie became unceasing, and corresponding prostra tion rapidly ensued under the necessities created with the banks to curtail their discounts, and thereby to reduce their circulation. I recur to these things with no dispo sition to censure pre-existing administrations of the Go vernment, but simply in exemplification of the truth of the position which I have assumed. If, then, any fiscal agent which may be created, shall be placed, without due restrictions, either in the hands of the administrators of the Government, or those of private individuals, the temptation to abuse will prove resistless. Objects of political aggrandizement may seduce the first, and the promptings of a boundless cupidity will as sail the last. Aided by the experience of the past, it will be the pleasure of Congress so to guard and fortify the public interests in the creation of any new agent, so as to place them, so far as human wisdom can accomplish it, on a footing of perfect security. Within a few years past, three different schemes have been before the country. The charter of the Bank of the United States expired by its own limitation in 1836. An effort was made to renew it, which received the sanction of the two houses of Con gress, but then the President of the United States exer cised the veto power, and the measure was defeated. A regard to truth requires me to say that the President was fully sustained in the course he had taken, by the popu lar voice. His successor to the Chair of State unquali fiedly pronounced his opposition to any new charter of a similar institution ; and not only the popular election which brought him into power, but the elections through much of his term, seemed clearly to indicate a concut- TYLER S FIRST MESSAGE. 255 rence with him in sentiment, on the part of the people. After the public moneys were withdrawn from the United States Bank, they were placed in deposit with the State Banks, and the result of that policy has been before the country. To say nothing as to the question whether that experiment was made under propitious or adverse circum stances, it may safely be asserted that it did receive the un qualified condemnation of most of its early advocates, and it is believed was also condemned by the popular senti ment. The existing Sub-Treasury system does not seem to stand in higher favor with the people, but has recently been condemned in a manner too plainly indicated to admit of a doubt. Thus, in the short period of eight years, the popular voice may be regarded as having suc cessfully condemned each of the three schemes of finance to which I have adverted. As to the first, it was introduced at a time (1816) when the State banks then comparatively few in number, had been forced to suspend specie payments, by reason of the war which had previously prevailed with Great Britain. Whether, if the United States Bank charter which ex pired in 1811 had been renewed in due season, it would hav been enabled to continue specie payments during the war and the disastrous period to the commerce of the country which immediately succeeded, is, to say theleast, problematical ; and whether the United States Bank of 1816 produced a restoration of specie payments, or the same was accomplished through the instrumentality of other means, was a matter of some difficulty at that time to determine. Certain it is, that for the first years of the operation of that bank, its course was as disastrous as for the greater part of its subsequent career it became emi nently successful. As to the second, the experiment was tried with a re dundant Treasury, which continued to increase until it seemed to be the part of wisdom to distribute the surplus revenue among the States, which, operating at the same time with the specie circular, and the causes before ad verted to, caused them to suspend specie payments, and involved the country in the greatest embarrassment. And, as to the third, if carried through all the stages of trans- 256 THE TRUE REPUBLICAN. formation, from paper and specie to nothing but the pre cious metals, to say nothing of the insecurity of the pub lic moneys, its injurious effects have been anticipated by the country in its unqualified condemnation. What is now to be regarded as the judgment of the American people on this whole subject, I have no accu rate means of determining, but by appealing to their more immediate representatives. The late contest which termi nated in the election of General Harrison to the Presiden cy, was decided on principles well known and openly declared and while the Sub-Treasury received in the result the most decided condemnation, no other scheme of finance seemed to have been concurred in. To you, then, who have come more immediately from the body of our common constituents, I submit the entire question, as best qualified to give a full exposition of their wishes and opinions. I am ready to concur with you in the adop tion of such system as you may propose, reserving to myself the ultimate power of rejecting any measure \v Inch may in my view of it conflict with the Constitution, or otherwise jeopard the prosperity of the country a power which I could not part with even if I would, but which I will not believe any act of yours will call into requisition. I cannot avoid recurring, in connexion with this subject, to the necessity which exists for adopting some suitable measure whereby the unlimited creation of banks by the States may be corrected in future. Such result can be most readily achieved by the consent of the States, to be expressed in the form of a compact among themselves, which they can only enter into with the consent and ap probation of this Government; a consent which might, in the present emergency of the public demands, justifiably be given in advance of any action by the States, as an in ducement to such action upon terms well defined by the act of the tender. Such a measure addressing itself to the calm reflection of the States, would find in the expe rience of the past, and the condition of the present, much to sustain it. And it is greatly to be doubted whether any scheme of finance can prove for any length of time successful, while the States shall continue in the unre strained exercise of the power of creating banking covpo- TYLER S FIRST MESSAGE. 257 rations. . This power can only be limited by their con sent. With the adoption of a financial agency of a satisfactory character, the hope may be indulged that the country will once more return to a state of prosperity. Measures auxiliary thereto, and in some measure inseparably con nected with its success, will doubtless claim the attention of Congress. Among such, a distribution of the proceeds of the sales of the public lands, provided such distribution does not force upon Congress the necessity of imposing upon commerce heavier burthens than those contemplated by the act of 1833, would act as an efficient remedial measure by being brought directly in aid of the States. As one sincerely devoted to the task of preserving a just balance in our system of Government, by the maintenance of the States in a condition the most free and respectable, and in the full possession of all their power, I can no otherwise than feel desirous for their emancipation from the situation to which the pressure of their finances now subjects them. And, while I must repudiate as a measure founded in eiror, and wanting constitutional sanction, the slightest approach to an assumption by this Government of the debts of the States, yet I can see in the distribution ad verted to, much to recommend it. The compacts between the proprietor States and this Government, expressly guaranty to the States all the benefits which may arise from tne sales. The mode by which this is to be effected addresses itself to the discretion of Congress, as the trus tee for the States; and its exercise, after the most bene ficial manner, is restrained by nothing in the grants or in the Constitution, so long as Congress shall consult that equality in the distribution which the compacts require. In the present condition of some of the States, the ques tion of distribution may be regarded as substantially a question between direct and indirect taxation. If the dis tribution be not made in some form or other, the necessi ty will daily become more urgent with the debtor States for a resort to an oppressive system of direct taxation, or their credit, and necessarily their power and influence, will be greatly diminished. The payment of taxes, after 22* 259 THE TRUE REPUBLICAN. the most inconvenient and oppressive mode, will be ex acted in place of contributions for the most part volun tarily made, and therefore comparatively unoppressive. The States are emphatically the constituents of this Go vernment ; and we should be entirely regardless of the objects held in view by them in the creation of this Government, if we could be indifferent to their good. The happy effects of such a measure upon all the States would immediately be manifested. With the debtor States it would effect the relief to a great extent of the citizens from a heavy burden of direct taxation, which presses with severity on the laboring classes, and emi nently assist in restoring the general prosperity. An im mediate advance would take place in the price of the State securities, and the attitude of the States would be come once more, as it should ever be, lofty and erect. With States laboring under no extreme pressure from debt, the fund which they would derive from this source would enable them to improve their condition in an emi nent degree. So far as this government is concerned, appropriations to domestic objects, approaching in amount the revenue derived from the land sales, might be abandoned, and thus a system of unequal and therefore unjust legislation would be substituted by one dispensing equality to all the mem bers of this confederacy. Whether such distribution should be made directly to the States in the proceeds of the sales, or in the form of profits by virtue of the opera tions of any fiscal agency having these proceeds as its ba sis, should such measure be contemplated by Congress, would well deserve its consideration. Nor would such disposition of the proceeds of the public sales in any manner prevent Congress from time to time from passing all necessary pre-emption laws for the benefit of actual settlers, or from making any new arrangement as to the price of the public lands which might in future be esteem ed desirable. 1 beg leave particularly to call your attention to the ac companying report from the Secretary of War. Be sides the present state of the war which has long afflicted the Territory of Florida, and the various other matters of TYLER S FIRST MESSAGE. 259 interest therein referred to, you will learn from it that the Secretary has instituted an inquiry into abuses which pro mises to develope gross enormities in connection with In dian treaties which have been negotiated, as well as the expenditures for the removal and subsistence of the In dians. He represents, also, other irregularities of a se rious nature that have grown up in the practice of the In dian department, which will require the appropriation of up wards of $200,000 to correct, and which claim the im mediate attention of Congress. In reflecting on the proper means of defending the coun try, we cannot shut our eyes to the consequences which the introduction and use of the power of stearn upon the ocean are likely to produce in wars between maritime States. We cannot yet see the extent to which this pow er may be applied in belligerent operations, connecting it self as it does with recent improvements in the science of gunnery and projectiles ; but we need have no fear of be ing left, in regard to these things, behind the most active and skilful of other nation^, if the genius and enterprise of our fellow-citizens receive proper encouragement and direction from Government. True wisdom would, nevertheless, seem to dictate the necessity of placing in perfect condition those fortifica tions which are designed for the protection of our princi pal cities and railroads. For the defence of our extended maritime coast, our chief reliance should be placed on our Navy, aided by those inventions which are destined to re commend themselves to public adoption. But no time should be lost in placing our principal cities on the sea board and the lakes in a state of entire security from for eign assault. Separated as we are from the countries of the old world, and in much unaffected by their policy, we are happily relieved from the necessity of maintaining large standing armies in times of peace. The policy which was adopted by Mr. Monroe, shortly after the conclusion of the late war with Great Britain, of preserving a regular organized staff sufficient for the command of a large mil itary force, should a necessity for one arise, is founded as well in economy as in true wisdom. Provision is thus made, upon filling up the rank and file, which can readily 260 THE TRUE REPUBLICAN. be done on any emergency, for the introduction of a sys tem of discipline both promptly and efficiently. All that is required in time of peace is to maintain a sufficient num ber of men to guard our fortifications, to meet any sudden contingency, and to encounter the first shock of war. Our chief reliance must be placed on the militia. They con stitute the great body of national guards, and, inspired by an ardent love of country, will be found ready at all times, and at all seasons, to repair with alacrity to its defence. It will be regarded by Congress, I doubt not, at a suitable time, as one of its highest duties to attend to their com plete organization and discipline. The state of the Navy Pension Fund requires the imme diate attention of Congress. By the operation of the act of the 3d of March, 1837, entitled "An act for the more equitable administration of the Navy Pension Fund," that fund has been exhausted. It will be seen from the ac companying report of the Commissioner of pensions that there will be required for the payment of Navy pension ers, on the first of -July next, $84,006 06^, and on the first of January, 1842, the sum of $60,000. In addi tion to these sums, about $8,000 will be required to pay arrears of pensions, which will probably be allowed be tween the first of July and the first of January, 1842, making in the whole, $150,006 06j. To meet these payments there is within the control of the department the sum of $28,040, leaving a deficit of $121,966 06 j. The public faith requires that immediate- provision should be made for the payment of these sums. In order to introduce into the Navy a desirable effi ciency, a new system of accountability may be found to be indispensably necessary. To mature a plan having for its object the accomplishment of an end so important, and to meet the just expectations of the country, require more time than has yet been allowed to the Secretary at the head of the department. The hope is indulged that by the time of your next regular session measures of im portance, in connexion with this branch of the public ser vice, may be matured for your consideration. Athough the laws regulating the Post-Office depart ment only require from the officer charged wth its direction TYLER S FIRST MESSAGE. 201 to report at the usual annual session of Congress, the Post Master General has presented to me some facts connected with the financial condition of the Department which are deemed worthy the attention of Congress. By the accompanying report of that officer, it appears that the existing liabilities of that Department beyond the means of payment at its command cannot be less than five hundred thousand dollars. As the laws organizing that branch of the public service confine the expenditure to its own revenues, deficiencies therein cannot be pre sented under the usual estimates for the expenses of Gov ernment. It must therefore be left to Congress to deter mine whether the moneys now due to contractors shall be paid from the public Treasury, or whether that De partment shall continue under its present embarrassments. It will be seen by the report of the Post Master General, that the recent lettings of contracts in several of the States, have been made at such reduced rates of compen sation as to encourage the belief that, if the department was relieved from existing difficulties its future operations might be conducted without any further call upon the general Treasury. The power of appointing to office is one of a character the most delicate and responsible. The appointing pow er is evermore exposed to be led into error. With anx ious solicitude to select the most trustworthy for official stations, 1 cannot be supposed to possess a personal knowledge of the qualifications of every applicant. I deem it therefore proper, in this most public manner, to invite, on the part of the Senate, a just scrutiny into the character and pretensions of every person whom I may bring to their notice in the regular form of a nomination for office. Unless persons every way trustworthy are employed in the public service, corruption and irregularity will inevitably follow. I shall with the greatest cheerful ness, acquiesce in the decision of that body, and, it is wisely constituted to the Executive department in the per formance of this delicate duty, I shall look to its consent and advice, as given only in furtherance of the best in terests of the country. 282 THE TRUE REPUBLICAN. I shall, also, at the earliest proper occasion, invite the attention of Congress to such measures as in my judg ment will be best calculated to regulate and control the Executive power in reference to this vitally important subject. I shall also, at the proper season, invite your personal attention to the statutory enactments for the suppression, of the slave trade, which may require to be rendered more efficient in their provisions. There is reason to believe that the traffic is on the increase. Whether such increase is to be ascribed to the abolition of slave labor in the British possessions in our vicinity, and an attendant dimi nution in the supply of those articles which enter into the general consumption of the world, thereby augmenting the demand from other quarters, and thus calling for ad ditional labor, it were needless to inquire. The highest considerations of public honor as well as the strongest promptings of humanity, require a resort to the most vi gorous efforts to suppress the trade. In conclusion, I beg to invite your particular attention to the interests of this District. Nor do I doubt that, in a liberal spirit of legislation, you will seek to advance its commercial as well as its local interests. Should Con gress deem it to be its duty to repeal the existing Sub- Treasury law, the necessity of providing a suitable place of deposit for the public moneys which may be required within the District must be apparent to all. I have felt it to be due to the country to present the foregoing topics to your consideration and reflection. Others, with which it might not seem proper to trouble you at an extraordinary session, will be laid before you at a future day. I am happy in committing the important affairs of the country into your hands. The tendency of public sentiment, I am pleased to believe, is towards the adoption, in a spirit of union and harmony, of such mea sures as will fortify the public interests. To cherish such a tendency of public opinion is the task of an elevated patriotism. That differences of opinion as to the means of accomplishing these desirable objects should exist, is reasonably to be expected. Nor can all be made satisfied with any system of measures. But I flatter myself with the hope that the great body of FOLK S INAUGURAL ADDRESS. 263 the people will readily unite in suppport of those whose efforts spring from a disinterested desire to promote their happiness ; to preserve the Federal and State Govern ments within their respective orbits; to cultivate peace with all the nations of the earth, on just and honorable grounds; to exact obedience to the laws; to entrench liberty and property in full security, and, consulting the most rigid economy, to abolish all useless expenses. FOLK S INAUGURAL ADDRESS. MARCH 4, 1845. FELLOW CITIZENS : Without solicitation on my part, I have been chosen by the free and voluntary suffrages of my countrymen to the most honorable and most responsible office on earth. I am deeply impressed with gratitude for the confidence reposed in me. Honored with this distinguished consideration at an earlier period of life than any of my predecessors, I cannot disguise the diffidence with which I am about to enter on the dis charge of my official duties. If the more aged and experienced men who have filled the office of President of the United States, even in the infancy of the republic, distrusted their ability to dis charge the duties of that exalted station, what ought not to be the apprehensions of one so much younger and less endowed, now that our domain extends from ocean to ocean, that our people have so greatly increased in numbers, and at a time when so great diversity of opinion prevails in regard to the principles and policy which should characterize the administration of our government ? Well may the boldest fear, and the wisest tremble, when incurring responsibilities on which may depend our country s peace and prosperity, and, in some degree, the hopes and happiness of the whole human family. In assuming responsibilities so vast, I fervently invoke the aid of that Almighty Ruler of the universe, in whose 264 FOLK S INAUGURAL AUDKESS. hands are the destinies of nations and of men, to guard this heaven-favored land against the mischiefs which, without his guidance, might arise from an unwise pub lic policy. With a firm reliance upon the wisdom of Omnipotence to sustain and direct me in the path of duty which I am appointed to pursue, I stand in the presence of this assembled multitude of my countrymen, to take upon myself the solemn obligation, " to the best of my ability, to preserve, protect, and defend the constitution of the United States." A concise enumeration of the principles which will guide me in the administrative policy of the government, is not only in accordance with the examples set me by all my predecessors, but is eminently befitting the occasion. The constitution itself, plainly written as it is, the safeguard of our federative compact, the offspring of con cession and compromise, binding together in the bonds of peace and union this great and increasing family of free and independent States, will be the chart by which I shall be directed. It will bo my first care to administer the government in the true spirit of that instrument, and to assume no powers not expressly granted, or clearly implied in its terms. The government of the United States is one of delegated and limited powers ; and it is by a strict ad herence to the clearly granted powers, and by abstaining from the exercise of doubtful or unauthorized implied powers, that we have the only sure guaranty against the recurrence of those unfortunate collisions between the Federal and State authorities, which have occasionally so much disturbed the harmony of our system, and even threatened the perpetuity of our glorious Union. " To the States respectively, or to the people," have been reserved " the powers not delegated to the United States by the constitution, nor prohibited by it to the States." Each State is a complete sovereignty with in the sphere of its reserved powers. The government of the Union, acting within the sphere of its delegated authority, is also a complete sovereignty. While the general government should abstain from the exercise of authority not clearly delegated to it, the States should be 265 equally careful that, in the maintenance of their rights, they do not overstep the limits of powers reserved to them. One of the most distinguished of rny predeces sors attached deserved importance to ** the support of the State governments in all their rights, as the most compe tent administration for our domestic concerns, and the surest bulwark against anti-republican tendencies;" and to the " preservation of the general government in its whole constitutional vigor, as the sheet-anchor of our peace at home, and safety abroad." To the government of the United States has been in trusted the exclusive management of our foreign affairs. Beyond that, it wields a few general enumerated powers. It does not force reform on the States. It leaves indi viduals, over whom it casts its protecting influence, en tirely free to improve their own condition by the legitimate exercise of all their mental and physical powers. It is a common protector of each and all the States ; of every man who lives upon our soil, whether of native or fore gn birth; of every religious sect, in their worship of the Almighty according to the dictates of their own con science; of every shade of opinion, and the most free inquiry; of every art, trade, and occupation, consistent with the laws of the States. And we rejoice in the general happiness, prosperity, and advancement of our country, which have been the offspring of freedom, and not of power. This most admirable and wisest system of well-regu lated self government among men, ever devised by human minds, has been tested by its successful operation for more than half a century ; and, if preserved from the usurpations of the federal government on the one hand, and the exercise by the States of powers not reserved to them on. the other, will, I fervently hope and believe, endure for ages to come, and dispense the blessings of civil and religious liberty to distant generations. To ef fect objects so dear to every patriot, I shall devote my self with anxious solicitude. It will be my desire to guard against that most fruitful source of danger to the harmonious action of our system, which consists in sub stituting the mere discretion and caprice of the executive, 23 266 FOLK S INAUGURAL ADDRESS. or of majorities in the legislative department of the government, for powers which have been withheld from the federal government by the constitution. By the theory of our government, majorities rule ; but this right is not an arbitrary or unlimited one. It is a right to be exercised in subordination to the constitution, and in conformity to it. One great object of the constitution was to restrain majorities from oppressing minorities, or encroaching upon their just rights. Minorities have a right to appeal to the constitution, as a shield against such oppression. That the blessings of liberty which our constitution secures may be enjoyed alike by minorities and majori ties, the executive has been wisely invested with a quali fied veto upon the acts of the Legislature. It is a nega tive power, and is conservative in its character. It arrests for the time, hasty, inconsiderate, or unconstitu tional legislation ; invites reconsideration, and tranfers questions at issue between the legislative and executive departments to the tribunal of the people. Like all other powers, it is subject to be abused. When judi ciously and properly exercised, the constitution itself may be saved from infraction, and the rights of all pre served and protected. The inestimable value of our federal Union is felt and acknowledged by all. By this system of united and confederated States, our people are permitted, collectively and individually, to seek their own happiness in their own way ; and the consequences have been most auspi cious. Since the Union was formed, the number of the States has increased from thirteen to twenty-eight : two of these have taken their positions as members of the confederacy within the last week. Our population has increased from three to twenty millions. New commu nities and States are seeking prelection under its ffigis, and multitudes from the Old World are flocking to our shores to participate in its blessings. Beneath its be nign sway, peace and prosperity prevail. Freed from the burdens and miseries of war, our trade and inter course have extended throughout the world. Mind, no longer tasked in devising means to accomplish or resist FOLK S INAUGURAL ACDRESS. 237 schemes of ambition, usurpation, or conquest, is devo ting itself to man s true interests, in developing his faculties and powers, and the capacity of nature to minis ter to his enjoyments. Genius is free to announce its inventions and discoveries ; and the hand is free to ac complish whatever the head conceives, not incompatible with the rights of a fellow being. All distinctions of birth or of rank have been abolished. All citizens, whether native or adopted, are placed upon terms of precise equality. All are entitled to equal rights and equal protection. No union exists between church and state, and perfect freedom of opinion is guarantied to all sects and creeds. These are some of the blessings secured to our happy land by our federal Union. To perpetuate them, it is our sacred duty to preserve it. Who shall assign limits to the achievements of free minds and free hands, under the protection of this glorious Union ? No treason to mankind, since the organization of society, would be equal in atrocity to that of him who would lift his hand to destroy it. He would overthrow the noblest struc ture of human wisdom, which protects himself and his fellow-man. He would stop the progress of free govern ment, and involve his country either in anarchy or despo tism. He would extinguish the fire of liberty which warms and animates the hearts of happy millions, and invites all the nations of the earth to imitate our example. If he say that error and wrong are committed in the administration of the government, let him remember that nothing human can be perfect; and that under no other system of gov ernment revealed by Heaven, or devised by man, has reason been allowed so free and broad a scope to combat error. Has the sword of despots proved to be a safer or surer instrument of reform in government than en lightened reason ? Does he expect to find among the ruins of this Union a happier abode for our swarming millions than they now have under it? Every lover of his country must shudder at the thought of the possibility of its dissolution, and will be ready to adopt the patriotic sentiment, " Our federal Union it must be preserved." To preserve it, the compromises which alone enabled 208 FOLK S INAUGURAL ADDRESS. our fathers to form a common constitution for the govern ment and protection of so many States, and distinct com munities, of such diversified habits, interests, and do mestic institutions, must be sacredly and religiously ob served. Any attempt to disturb or destroy these com promises, being terms of the compact of Union, can lead to none other than the most ruinous and disastrous con sequences. It is a source of deep regret that, in some sections of our country, misguided persons have occasionally in dulged in schemes and agitations, whose object is the destruction of domestic institutions existing in other sections institutions which existed at the adoption of the constitution, and were recognized and protected by it. All must see that if it were possible for them to be successful in attaining their object, the dissolution of the Union, and the consequent destruction of our happy form of government, must speedily follow. 1 am happy to believe that at every period of our existence as a nation, there has existed, and continues to exist, among the great mass of our people, a devotion to the Union of the Mates, which will shield and pro tect it against the moral treason of any who would seri ously contemplate its destruction. To secure a continu ance of that devotion, the compromises of the constitu tion must not only be preserved, but sectional jealousies and heart-burnings must be discountenanced ; and all should remember that they are members of the same political family, having a common destiny. To increase the attachment of rur people to the Union, our laws should be just. Any policy which shall tend to favor monopolies, or the peculiar interests of sections or classes, must operate to the prejudice of the interests of their fellow-citizens, and should be avoided. If tbe comprom ises of the constitution be preserved, if sectional jealousies and heart-burnings be discountenanced, if our laws be jnst, ar.d the government be practically ad ministered strictly within the limits of power presciibed to it, we may discard all apprehensions for the safety of the Union. With these views of the nature, character, and objects POLK 3 INAUGURAL ADDRESS. 269 of the government, and the value of the Union, I shall steadily oppose the creation of those institutions ami sys tems which, in their nature, tend to pervert it from its legitimate purposes, and make it the instrument of sec tions, classes, and individuals. We need no national banks, or other extraneous institutions, planted around the government to control or strengthen it in opposition to the will of its authors. Experience has taught us how unnecessary they are as auxiliaries of the public authorities, how impotent for good, and how powerful for mischief. Ours was intended to be a plain and frugal govern ment ; and 1 shall regard it to be my duty to recommend to Congress, and, as far as the executive is concerned, lo enforce by all the means within my power, the strict est economy in the expenditure of the public money, which may be compatible with the public interest. A national debt has become almost an institution of European monarchies. It is viewed, in some of them, as an essential prop to existing governments. Melan choly is the condition of that people whose government can be sustained only by a system which periodically transfers large amounts from the labor of the many to the coffers of the few. Such a system is incompatible with the ends for which our republican government was insti tuted. Under a wise policy, the debts contracted in oui revolution, and during the war of 1812, have been hap pily extinguished. By a judicious application of the revenues, not required for other necessary purposes, it is not doubted that the debt which has grown out of the circumstances of the last few years may be speedily paid off. I congratulate my fellow-citizens on the entire restora tion of the credit of the general government of the Union, and that of many of the States. Happy would it be for the indebted States if they were freed from their liabili ties, many of which were incautiously contracted. Al though the government of the Union is neither in a legal nor a moral sense bound for the debts of the States, and it would be a violation of our compact of Union to as- them, yet we cannot but feel a deep interest in 23* 570 FOLK S INAUGURAL ADDRESS. seeing- all the States meet their public liabilities, and pay off th:>ir just debts, at the earliest practicable period. That they will do so, as soon as it can be done without imposing too heavy burdens on their citizens, there is no reason to doubt. The sound, moral, and honorable feeling of the people of the indebted States, cannot be questioned ; and we are happy to perceive a settled dis position on their part, as their ability returns, after a season of unexampled pecuniary embarrassment, to pay off all just demands, and to acquiesce in any reasonable measures to accomplish that object. One of the difficulties which we have had to encoun ter in the practical administration of the government, consists in the adjustment of our revenue laws, and the levy of the taxes necessary for the support of the govern ment. In the general proposition, that no more money shall be collected than the necessities of an economical administration shall require, all parties, seem to acquiesce. Nor does there seem to be any material difference of opinion as to the absence of right in the government to tax one section of country, or one class of citizens, or one occupation, for the mere profit of another. * Jus tice and sound policy forbid the federal government to foster one branch of industry to thn detriment of another, or to cherish the interests of one portion to the injury of another portion of our common country." I have here tofore declared to my fellow-citizens that, in 4i my judg ment, it is the duty of the government to extend, as far as it may be practicable to do so, by its revenue laws, and all other means within its power, fair and just protec tion to all the great interests of the whole Union, embra cing agriculture, manufactures, the mechanic arts, com merce and navigation." I have also declared my opinion to be "in favor of a tariff for revenue, and that " in adjusting the details of such a tariff, I have sanctioned such mode rate discriminating duties as would produce the amount of revenue needed, and, at the same time, afford reason able incidental protection to our home industry," and that I was " opposed to a tariff for protection merely, and not for revenue." The power " to lay and collect taxes, duties, imports, FOLK S INAUGURAL ADDRESS. 271 and excises," was an indispensable one to be conferred on the federal government, which, without it, would possess no means of providing for its own support. In executing this power, by levying a tariff of duties for the support of government, the raising of revenue should be the object, and protection the incident. To reverse this principle, and make protection the object, and revenue the incident, would be to inflict manifest injus tice upon all other than the protected interests. In levy ing duties for revenue, it is doubtless proper to make such discriminations within the revenue principle, as will afford incidental protection to our home interests. Within the revenue limit, there is discretion to discrim inate ; beyond that limit, the rightful exercise of the power is not conceded. The incidental protection af forded to our home interests by discriminations within the revenue range, it is believed will be ample. In making discriminations, all our home interests should, as far as practicable, be equally protected. The largest portion of our people are agriculturists. Others are em ployed in manufactures, commerce, navigation, and the mechanic arts. They are all engaged in their respective pursuits, and their joint labors constitute the national or home industry. To tax one branch of this home indus try for the benefit of another, would be unjust. No one of these interests can rightfully claim an advantage over the others, or to be enriched by impoverishing the others. All are equally entitled to the fostering care and protec tion of the government. In exercising a sound discre tion in levying discriminating duties within the limit prescribed, care should be taken that it be done in a manner not to benefit the wealthy few, at the expense of the toiling millions, by taxing lowest the luxuries of life, or articles of superior quality and high price, which can only be consumed by the wealthy ; and highest the necessaries of life, or articles of course quality and low price, which the poor and great mass of our people must consume. The burdens of government should, as far as practicable, be distributed justly and equally among all classes of our population. These general views, long entertained on this subject, 1 have deemed it proper to 272 FOLK S INAUGURAL ADDRESS. reiterate. It is a subject upon which conflicting interests of sections and occupations are supposed to exist, and a spirit of mutual concession and compromise in adjusting its details should be cherished by every part of our wide spread country, as the only means of preserving harmo ny and a cheerful acquiescence of all in the operation of our revenue laws. Our patriotic citizens in every part of the Union will readily submit to the payment of such taxes as shall be needed for the support of their govern ment, whether in peace or in war, if they are solevied as to distribute the burdens as equally as possible among them. The Republic of Texas has made known her desire to come into our Union, to form a part of our confederacy, and enjoy with us the blessings of liberty secured and guarantied by our constitution. Texas was once a part of our country was unwisely ceded away to a foreign power is now independent and possesses an undoubted right to dispose of a part or the whole of her territory, and to merge her sovereignty, as a seperate and indepen dent State, in ours. I congratulate my country that, by an act of the late Congress of the United States, the as sent of this government has been given to the re-union ; and it only remains for the two countries to agree upon the terms, to consummate an object so important to both. I regard the question of annexation as belonging ex clusively to the United States and Texas. They are in dependent powers, competent to contract; and foreign nations have no right to interfere with them, or to take exceptions to their re-union. Foreign powers do not seem to appreciate the true character of our government. Our Union is a confederation of independent States, whose policy is peace with each other and all the world. To enlarge its limits is to extend the dominion of peace over additional territories and increasing millions. The world has nothing to fear from military ambition in our government. While the chief magistrate and the popu lar branch of Congress are elected for short terms by the suffrages of those millions who must, in their own per sons, bear all the burdens and miseries of war, our gov ernment cannot be otherwise than pacific. Foreign powers should, therefore, look on the annexation of Tex- 273 as to the United States, not as the conquest of a nation seeking to extend her dominions by arms and violence, but as the peaceful acquisition of a territory once her own, by adding another member to our confederation, with the consent of that member thereby diminishing the chanches of war, and opening to them new and ever- increasing markets for their products. To Texas there-union is important, because the strong protecting arm of our government would be extended over her, and the vast resources of her fertile soil and genial climate would be speedily developed; while the safety of New Orleans, and of our whole southwestern frontier against hostile aggression, as w< j ll as the interests of the whole Union, would be promoted by it. In the earlier stages of our national existence, the opinion prevailed with some, that our system of confe derated States could not operate successfully over an ex tended territory, and serious objections have, at different limes, been made to the enlargement of our boundaries. These objections were earnestly urged when we acquired Louisiana. Experience has shown that they were not well founded. The title of numerous Indian tribes to vasttractsof country has been extinquished. New States have been admitted into the Union : new Territories have been created, and our jurisdiction and laws extended over them. As our population has expanded, the Union has been cemented and strengthened ; as our boundaries have been enlarged, and our agricultural population has been spread over a large surface, our federative system has acquired additional strength and security. It may well be doubted whether it would not be in greater dan ger of overthrow if our present population were confined to the comparatively narrow limits of the original thirteen States, than it is, now that they are sparsely settled over a more expanded territory. It is confidently believed that our system may be safely extended to the utmost bounds of our territorial limits ; and that, as it shall be extended, the bonds of our Union, so far from being weakened, will become stronger. None can fail to see the danger to our safety and future peace, if Texas remains an independent State, or becomes 274 FOLK S INAUGURAL ADDRESS. an ally or dependency of some foreign nation more pow erful thsn herself. Is there one among our citizens who would not prefer perpetual peace with Texas, to occa sional wars, which so often occur between bordering in dependent nations ? Is there one who would not prefer free intercourse with her, to high duties on all our pro ducts and manufactures which enter her ports or cross her frontiers ? Is there one who would not prefer an unrestricted communication with her citizens, to the frontier obstructions which must occur if she remains out of the Union ? Whatever is good or evil in the local institutions of Texas, will remain her own, whether an nexed to the United States or not. None of the present States will be responsible for them, any more than they are for the local institutions of each other. They have confederated together for certain specified objects. Upon the same principle that they would refuse to form a per petual union with Texas, because of her local institutions, our forefathers would have been prevented from forming our present Union. Perceiving no valid objection to the measure, and many reasons for its adoption, vitally affect ing the peace, the safety, and the prosperity of both countries, I shall, on the broad principle which formed the basis and produced the adoption of our constitution, and not in any narrow spirit of sectional policy, endea vor, by all constitutional, honorable, and appropriate means, to consummate the expressed will of the people and government of the United States, by the re-annexa tion of Texas to our Union at the earliest practicable pe riod. Nor will it become in a less degree my duty to assert and maintain, by all constitutional means, the right of the United States to that portion of our territory which lies beyond the Rocky mountains. Our title to the country of the Oregon is "clear and unquestionable;" and al ready are our people preparing to perfect that title, by occupying it with their wives and children. But eighty years ago, our population was confined on the west by the ridge of the Alleghanies. Within that period within the lifetime, I might say, of some of my hearers our people, increasing to many millions, have filled the east- FOLK S INAUGURAL ADDRESS. 275 ern valley of the Mississippi; adventurously ascended the Missouri to its head springs ; and are already engaged in establishing the blessings of self-government in val leys, of which the rivers flow to the Pacific. The world beholds the peaceful triumphs of the industry of our emigrants. To us belongs the duty of protecting them, adequately, wherever they may be upon our soil. The jurisdiction of our laws, and the benefits of our republi can institutions, should be extended over them in the dis tant regions which they have selected for their homes. The increasing facilities of intercourse will easily bring the States, of which the formation in that part of our territory cannot be long delayed, within the sphere of our federative Union. In the mean time, every obliga tion imposed by treaty or conventional stipulations should be sacredly respected. In the management of our foreign relations, it will be my aim to observe a careful respect for the rights of other nations, while our own will be the subject of constant watchfulness. Equal and exact justice should charac terize all our intercourse with foreign countries. All alliances having a tendency to jeqpard the welfare and honor of our country, or sacrifice any one of the national interests, will be studiously avoided ; and yet no oppor tunity will be lost to cultivate a favorable understanding with foreign governments, by which our navigation and commerce may be extended, and the ample products of our fertile soil, as well as the manufactures of our skillful artizans, find a ready market and remunerating prices in foreign countries. In taking " care that the laws be faithfully executed," a strict performance of duty will be exacted from all public officers. From those officers, especially, who are charged with the collection and disbursement of the pub lic revenue, will prompt and rigid accountability be re quired. Any culpable failure or delay on their part to account for the moneys intrusted to them, at the times and in the manner required by law, will, in every instance, terminate the official connexion of such defaulting officer with the government. Although, in our country, the chief magistrate must 276 almost of necessity be chosen by a party, and stand pledged to its principles anil measures, yet, in his official action, he should not be the President of a part only, but of the whole people of the United States. While he executes the laws with an impartial hand, shrinks from no proper responsibilily, and faithfully carries out in the executive department of the government the principles and policy of those who have chosen him, he should not be unmindful that our fellow citizens who have differed with him in opinion, are entitled to the full and free ex ercise of their opinions and judgments, and that the rights of ?11 are entitled to respect and regard. Confidently relying upon the aid and assistance of the co-ordinate departments of the government in conducting our public affairs,! enter upon the discharge of the high duties which have been assigned me by the people, again humbly supplicating that Divine Being who has watched over and protected our beloved country from its infancy to the present hour, to continue His gracious benedictions upon us, that we may continue to be a prosperous and happy people. CONSTITUTION OF THE UNITED STATES. WE, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the gensral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SKC. I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SKC. II. I. The House of Representatives shall be composed of members chosen every second year, by the people of the several states: and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. No person shall be a representative who shall not have attained the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of the state in which he shall be chosen. 3. Representatives and direct taxes shall he apportion ed among the several states which may be included within this union, according to their respective numbers, which shall he determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative : and until such enumeration shall be made, the state of New Hampshire shall be entitled to 6 CONSTITUTION choose three ; Massachusetts, eight ; Rhode Island and Providence Plantations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Dela ware, one ; Maryland, six ; Virginia, ten ; North Caroli na, five ; South Carolina, five ; Georgia, three. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SEC. III. I. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. 2. Immediately after they shall be assembled in conse quence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expira tion of the second year, of the second class at the expi ration of the fourth year, and the third class at the expi ration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen by resig nation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a president pro tern pore in the absence of the Vice Pre sident, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all im peachments. When sitting for that purpose, they shall be OF THE UNITED STATES. 7 on oath or affirmation. When the President of the Uni ted States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States ; but the party convicted shall, never theless, be liable and subject to indictment, trial, judg ment, and punishment according to law. SEC. IV. 1. The times, places, and manner of hold ing elections for senators and representatives shall be prescribed in each state, by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. - SEC. V. 1 . Each house shall be judge of the elec tions, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do busi ness; but a smaller numbermay adjourn from day to day, and may be authorized to compel the attendance of ab sent members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its pro ceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SEC. VI. 1. The senators and representatives shall receive a compensation for their services, to be ascertain- CONSTITUTION ed by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be ques tioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house, during his continuance in office. Si-c. VII. 1. All bills for raising revenue shall ori ginate in the House of Representatives; but the Senate may propose or concur with amendments as on other bill s. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re consideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill, shall be entered on the journals of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepled) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless Congress, by their adjournment prevent its return; in which case it shall not be a law. 3. Every order, resolution, or vote, to which the con currence of the Senate and House of Representatives OF THE UNITED STATES. 9 may be necessary (except on a question of adjournment) shall be presented to the President of the United States , and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representa tives, according to the rules and limitations prescribed in the case of a bill. SEC. VIII. The Congress shall have power 1. To lay and collect taxes, duties, imposts, and ex cises; to pay the debts and provide for the common de fence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States : 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations and among the several states, and with the Indian tribes : 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States : 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and mea sures : 6. To provide for the punishment of counterfeiting the securities and current coin of the United States : 7. To establish post offices and post roads : 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and dis coveries : 9. To constitute tribunals inferior to the supreme court : 10. To define and punish piracies and felonies commit ted on the high seas, and offences against the law of na tions : 11. To declare war, grant letters of marque and re prisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropria tion of money to that use shall be for a longer term than two years : 10 CONSTITUTION* 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the la\\ s "of the union, suppress insurrections, and repel invasions: 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserv ing to the states respectively the appointment of the offi cers, and the authority of training the militia, according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases what soever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the accept ance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the slate in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful build ings: And, 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. SKC. IX. 1. The migration or importation of such persons as any of the states, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight: but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless, when, in cases of rebellion or inva sion, the public safety may require it. 3. No bill of attainder, or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, un less in proportion to the census or enumeration herein before directed to be taken. OF THE UNITED STATES. 11 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regu lar statement and account of the receipts and expendi tures of all public money shall be published from time to time. 7. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without tlie consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince, or foreign state. SKC. X. I. No state shall enter into any treaty, alli ance, or confederation ; grant letters of marque and repri sal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law im pairing the obligation of contracts ; or grant any title of nobility. 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in spection laws; and the net produce of all duties and im ports laid by any state on imports or exports, shall be for the u-e of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded, or in such immi nent danger as will not fidmit of delay. ARTICLE II. SF.C. 1 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together 12 CONSTITUTION with the Vice-President, chosen for the same term, be elected as follows : 2. Each state shall appoint in such manner as the le gislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. [Annulled. See Amendments, art. 12.] 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the Uni ted States. 5. No person except a natural-born citizen, or a citi zen of the United States at the time of the adoption of this constitution, shall be eligible to the office of Presi dent; neither shall any person be eligible to that office, who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or in ability, both of the President and Vice-President, decla ring what officer shall then act as President, and such offi cer shall act accordingly, until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and de fend the constitution of the United States." OF THE UNITED STATES. 13 SEC. II. 1. The President shall be Commander-in- chief of the army and navy of the United States, and of the militia of the several slates, when called into the ac tual service of the United States: he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other offi cers of the United States, whose appointments are not herein otherwise provided for, and which shall be esta blished by law. But the Congress may, by law, vest the appointment of such inferior offices as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacan cies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. SEC. III. 1. He shall, from time to time, give to the Congress information of the state of the union, and re commend to their consideration such measures as he shall judge necessary and expedient; he may, on extra ordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn :hem to such time as he may think proper; he shall receive ambassadors, and other public ministers ; he shall take care that the laws be faithfully executed ; and shall com mission all the officers of the United States. SFC. IV. I. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. 14 CONSTITUTION ARTICLE III. | o " . SEC. I. 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times, receive for their services a compen sation which shall not be diminished during their contin uance in office. SEC. II. I. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to contro versies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states ; between citizens of the same state, claim ing lands under grants of different states, and between a state, of the citizens thereof, and foreign stales, citi zens or subjects. 2. In all cases affecting ambassadors, other public mi nisters and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeach ment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. SEC. III. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No per son shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confessions in open court. OF THE LMTED STATES. 15 2. The Congress shall have power to declare the pun ishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. SEC. I. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SEC. II. 1. The citizens of each state shall be end tied to all privileges and immunities of citizens in the several states. 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive au thority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state, un der the laws thereof, escaping into another, shall, in con sequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SEC. III. 1. New states maybe admitted by the Con gress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states or parts of states, without the consent of the legis lature of the states concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. SEC. IV. 1. The United States shall guarantee to every state in this union, a republican form of govern ment, and shall protect each of them against invasion; 1$ CONSTITUTION and, on application of the legislature, or of the execu tive, (when the legislature cannot be convened,) against domestic violence. ARTICLE V. 1. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitu tion, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amend ment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. 1. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution s under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all trea ties made, or which shall be made under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby ; any thing in the constitution or laws of any state to the con trary notwithstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affir mation to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. OF THE UNITED STATES. ARTICLE VII. 17 1. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitu tion between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. New Hampshire. JOHN LANCDON, NICHOLAS GILMAN. Massachusetts. NATHANIEL GORIIAM, RUFUS KING. Connecticut. WM. SAMUEL JOHNSON, ROGER SHERMAN. New York. ALEXANDER HAMILTON. New Jersey. WILLIAM LIVINGSTON, DAVID BREARLEY, WILLIAM PATTERSON, JONATHAN DAYTON. Pennsylvania. BENJAMIN FRANKLIN, THOMAS MIFFLIN, ROBERT MORRIS, GEORGE CLYMER, THOMAS FITZSFMONS, JARED INGERSOLL, JAMES WILSON, GOVERNEUR MORRIS. Delaware, GEORGE REED, GUNNING BEDFORD, Jr. JOHN DICKERSON, RICHARD BASSETT, JACOB BROOM. Maryland. JAMES M HENRY, DANIEL JENIFER, of St. Tho. DANIEL CARROLL. Virginia. JOHN BLAIR. JAMES MADISON, Jr. North Carolina. WILLIAM BLOUNT, RICH. DOBBS SPAIGHT, HUGH WILLIAMSON. ftouth Carolina. JOHN RUTLEDGE, CHARLES C. PINCKNEY, CHARLES PINCKNEY, PIERCE BUTLER. Georgia. WILLIAM FEW, ARRAHAM BALDWIN. 2 Attest, WILLIAM JACKSON, Secretary 18 CONSTITUTION AMENDMENTS TO THE CONSTITUTION. ART. I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exer cise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to as semble and to petition the government for a redress of grievances. ART. II. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ART. ill. No soldier shall, in time of peace, be quar tered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ART. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unrea sonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, support ed by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ART. V. No person shall be held to answer for a capi tal, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be witness, against himself, nor be de prived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ART. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be contionted with the witnesses against him; to have compulsory pro- OF THE UNITED STATES. 19 cess for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. ART. VII. In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a j iry, shall be otherwise re-examined in any court of the United States, than according to the rules of the com mon law. ART. VIII. F-xcessive bail shall not be required, nor excessive fines im^sed, nor cruel and unusual punish ments inflicted. ART. IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ART. X. The powers not delegated to the United States by the constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people. ART. XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United Slates by citizens of another state, or by citizens or subjects of any foreign state. ART. XII. 1. The electors shall meet in their respec tive states, and vote by ballot for President and Vice- President, one of whom, at least, shall not be ati inhabi tan t of the same state with themselves; they shall name in their ballots the persons voted for as President, and in distinct ballots the persons voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-Presi dent, and of the number of votes for each ; which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Re presentatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President, shall be President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the per- 20 CONSTITUTION OF THE UNITED STATES. sons having the highest number, not exceeding three or* the list of those voted for as President, the House of Re presentatives shall choose immediately, by ballot, the Pre sident. But in choosing the President, the votes shall be taken by slates, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, -then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as Yice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from thetwohigh- est numbers on the list, the Senate shall choose the Vice- President; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. ART. XIII. If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept or retain any present, pension, office, or emolurneutof any kind whatever, from any emperor, king, prince, or for eign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. 21 CONSTITUTION OF MASSACHUSETTS. PART I. A Declaration of Rights of the Inhabitants of the Com monwealth of Massachusetts. Article 1. All men are born free and equal, and have certain natural, essential, and unalienable rights : among which mny be reckoned the right of enjoying and defend ing their lives and liberties ; that of acquiring, possessing and protecting property ; in fine, that of seeking and ob taining their safety and happiness. 2. It is the right, as well as the duty, of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the Great Creator and Preserver of the Universe. And no subject shall be hurt, molested, or restrained in his person, liberty, or estate, for worshipping God in the manner and seasons most agreeable to the dictates of his own conscience ; or for his religious pro fession or sentiments ; provided he doth not disturb the public peace, or obstruct others in their religious wor ship. 3. As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality; and as these cannot be generally diffused throughout the community, but by the institution of a public worship of God, and of public institutions in piety, religion, and morality ; therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public protes- tant teachers of piety, religion, and morality in all cases, where such provision shall not be made voluntarily, 2 CONSTITUTION OF MASSACHUSETTS. All the people of the commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon alLthe subjects an attendance upon the instructions of the public teachers, as aforesaid, at stated times and seasons, if their be any one whose instructions they can conscientiously and conveniently attend : Provided, notwithstanding, that the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance. All moneys paid by the subject to the support of public worship, and of the public teachers aforesaid, shall, if he re quire it, be uniformly applied to the support of the public teacher or teachers of his own religious sect or denomi nation, provided there be any, on whose instruction he attends; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised. And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the com monwealth, shall be equally under the protection of the law ; and no subordination of any sect or denomination to another shall ever be established by law. 4. The people of the commonwealth have the sole and exclusive right of governing themselves, as a free, sove reign, and independent State : and do, and for ever here after shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be by them expressly delegated to the United States of America, in congress assembled. 5. All power residing originally in the people, and being derived from them, the several magistrates and of ficers of government vested with authority, whether legis lative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. 6. No man, or corporation, or association of men, have any other title to obtain advantages, or particular and ex clusive privileges, distinct from those of the community, than what arises from the consideration of services ren dered to the public. And this title being, in nature, CONSTITUTION OF MASSACHUSETTS. 23 neither hereditary nor transmissible to children or de scendants, or relations of blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. 7. Government is instituted for the common good : for the protection, safety, prosperity and happiness of the people : and not for the profit, honor, or private interest of any one man, family, or any one class of men. There fore, the people alone have an incontestable, unalienable, and indefeasible right to institute government, and to re form, alter, or totally change the same, when their pro tection, safety, prosperity and happiness require it. 8. In order to prevent those who are vested with autho rity from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by the frame of Government, to cause their public officers to return to private life, and to fill up vacant places by certain and regular elections and appointments. 9. All elections ought to be free : and all the inhabi tants of this commonwealth, having such qualifications as they shall establish by their frame of Government, have an equal right to elect officers, and to be elected for public employments. 10. Each individual of the society has a right to be protecte d by it, in the enjoyment of his life, liberty, and property, according to the standing laws. He is obliged, consequently, to contribute his share to the expense of this protection ; to give his personal service, or an equi valent, when necessary. But no part of the property of any individual can, with justice, be taken from him, or applied to the public use, without his own consent, or that of the representative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he. shall receive a reasonable compensation therefor. 11. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive, in his person, property, or character. He ought to obtain right and 24 CONSTITUTION OF MASSACHUSETTS. justice freely, and without being obliged to purchase it completely, and without any denial promptly, and with out delay conformably to the laws. 12. No person shall be held to answer for any crime or offence, until the same is fully and plainly, substantial ly and formally, described to him ; or be compelled to accuse or furnish evidence against himself. And every person shall have a right to produce all proofs that may be favorable to him ; to meet the witnesses against him, face to face, and be fully heard in his defence, by himself, or his counsel, at his election. And no person shall be arrested, imprisoned, or despoiled or deprived of his property, im munities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall subject any person to a capital or infamous punishment (excepting for the Government of the army and navy) without trial by jury. 13. In criminal prosecutions the verifications of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citi zen. 14. Every person has a right to be secure from all unreasonable searches and seizures of his person, his house, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foun dation of them be not previously supported by oath or affirmation ; and if the order, in a warrant to a civil offi cer, to make search in all suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the per sons, or objects of search, arrest, or seizure. And no warrant ought to be issued but in such cases, and with the formalities prescribed by the laws. 15. In all controversies concerning property, and in all suits between two or more persons, (except in cases in which it has heretofore been otherwise used and prac tised,) the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless, in cases arising on the high seas, and such as relate to ma- CONSTITUTION OF MASSACHUSETTS. 25 riner s wages, the legislature shall hereafter find it neces sary to alter it. 16. The liberty of the press is essential to security of freedom in a state ; it ought not, therefore, to be restrain ed in this commonwealth. 17. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained, without the consent of the legislature : and the military power shall always be held in exact subordi nation to the civil authority, and be governed by it. 18. A frequent recurrence to the fundamental princi ples of the Constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advan tages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives, and they have a right to require of their lawgivers, and magistrates, an exact and constant obser vance of them, in the formation and execution of all laws necessary for the good administration of the common wealth. 19. The people have a right, in an orderly and peace able manner, to assemble upon the common good, give instruction to their representatives ; and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs clone them, and of the grievances they suffer. 20. The power of suspending the laws, or the execu tion of the laws, ought never to be exercised but by the legislature ; or by authority derived from it, to be exer cised in such particular cases only as the legislature shall expressly provide for. 21. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. 22. The legislature ought frequently to assemble, for the redress of grievances, for correcting, strengthening, 26 CONSTITUTION OF MASSACHUSETTS. and confirming the laws, and for making new laws, as the common good may require. 23. No subsidy, charge, tax, impost, or duties, ought to be established, fixed., laid, or levied, under any pretext whatever, without the consent of the people, or their re presentatives in the legislature. 24. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and in consistent with the fundamental principles of a free govern ment. 25. No person ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. 26. No magistrate, or court of law, shall demand ex cessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. 27. In time of peace, no soldier ought to be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made, but by the civil magistrates, in manner ordained by the legislature. 28. No person can, in any case, be subjected to law martial, or to any penalties or pains by virtue of that law, (except those employed in the army or navy, and except the militia in actual service,) but by the authority of the legislature. 29. It is essential to the preservation of the rights of every individual, his life, liberty, property, and charac ter, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citi zen to be tried by judges as free, impartial, and indepen dent, as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well ; and that they should have honorable salaries, ascertained and established by standing laws. 30. In the government of this commonwealth, the le gislative department shall never exercise the executive and judicial powers, or either of them ; the executive shall never exercise the legislative and judicial powers, CONSTITUTION OF MASSACHUSETTS. 27 or either of them; the judicial shall never exercise the legislative and executive powers, or either of them : to the end that rt may be a government of laws, and not of men. PART II. Frame of Government. The people inhabiting the territory formerly called the province of Massachusetts Bay, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts. CHAPTER I. SECTION 1. THE LEGISLATIVE POWER. T7ie General Court. Article 1. The department of legislation shall be form ed by two branches, a Senate and House of Representatives : each of which shall have a negative on the other. The legislative body shall assemble every year, on the last Wednesday of May, and at such other times as they shall judge necessary ; and shall dissolve and be dissolved on the day next preceding the last Wednesday in May ; and shall be styled, The General Court of Massachusetts. 2. No bill or resolve of the Senate or House of Repre sentatives shall become a law, and have force as such, un til it shall have been laid before the Governor for his re- visal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But, if he have any objection to the passing of such bill or re solve, he shall return the same, together with his objec tions thereto, in writing, to the Senate or House of Repre sentatives, in whichsoever the same shall have originated ; who shall enter the objections sent down by the Governor, at large, on their records, and proceed to reconsider the said bill or resolve ; but if, after such reconsideration, two-thirds of the said Senate or House of Representatives 28 CONSTITUTION OF MASSACHL SETTS. shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the mem bers present, it shall have the force of a law ; but in all such cases the votes of both Houses shall be determined by yeas and nays : and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the commonwealth. And, in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the Governor within five days after it shall have been presented, the same shall have the force of a law. 3. The general court shall for ever have full power and authority to erect and constitute judicatories, and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and de termining of all manner of crimes, offences, pleas, pro cesses, plaints, actions, matters, causes, and things what soever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same ; whether the same be crimi nal or civil ; or whether the said crimes be capital or not capital, or whether the said pleas be real, personal, or mixed ; and for the awarding and making out of execution thereupon; to which^ courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depend ing before them. 4. And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain and establish all manner of whole some and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties or without (so as the same be not repugnant or contrary to this Constitution,) as they shall judge to be for the good and welfare of this commonwealth, and for the govern ment and ordering thereof, and of the citizens of the same, and for the necessary support and defence of the govern ment thereof; and to name and settle annually, or pro- CONSTITUTION OF MASSACHUSETTS. 29 vide by fixed laws for the naming and settling all civil officers, within the said commonwealth, the election and constitution of whom are not hereafter, in this form of government, otherwise provided for: and to set forth the several duties, powers, and limits of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations shall be respectively adminis tered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution ; and to impose and levy proportion able and reasonable assessments, rates, and taxes upon all the inhabitants of, and persons resident, and estates lying within the said commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandises, and commodities whatso ever, brought into, produced, manufactured, or being within the same ; to be issued and disposed of by warrant under the hand of the Governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of the said commonwealth, and the protection and preservation of the citizens thereof, according to such acts as are or shall be in force within the same. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has hitherto been practised ; in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth taken anew once in every ten years, at the least, and as much oftener as the general court shall order. CHAPTER 1. SECTION 2. Senate. Article 1 There shall be annually elected by the free holders and other inhabitants of this commonwealth, qualified as in this Constitution is provided, forty persons to bo counsellors and senators for the year ensuing their election ; to be chosen by the inhabitants of the districts 3* 30 CONSTITUTION OF MASSACHUSETTS. into which the commonwealth may from time to time be divided by the general court for that purpose. And the general court, in assigning the numbers to be elected by the representative districts, shall govern themselves by the proportion of the public taxes paid by the said dis tricts ; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the num bers of counsellors and senators to be chosen therein : provided that the number of such districts shall be never less than thirteen ; and that no district be so large as to entitle the same to choose more than six senators. And the several counties in this commonwealth shall, until the general court shall determine it necessary to alter the said districts, be districts for choice of counsellors and senators, (except that the counties of Dukes county and Nantucket shall form one district for that purpose, )and shall elect the following number for counsellors and senators, viz.: Suffolk six Essex six Middlesex .... five Hampshire .... four Plymouth three Barnstable .... one Bristol . . three York two Dukes county and Nantucket 5 one Worcester five Cumberland .... one Lincoln one Berkshire , . two 2. The Senate shall be the first branch of the legisla ture : and the senators shall be chosen in the following manner, viz : There shall be a meeting on the first Mon day in April, annually forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counsellors. And at such meetings every male inhabitant, of twenty-one years of age and upwards, having a free hold estate within the commonwealth of the annual in come of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the sen ators for the district of which he is an inhabitant. And to remove all doubts concerning the word * inhabitant" in CONSTITUTION OF MASSACHUSETTS. 31 this Constitution, every person shall be considered as an inhabitant (for the purpose of electing and being elected into any office or place within this state) in that town, district, orplantation, where hedwelleth or hath his home. The selectmen of the several towns shall preside at such meetings impartially ; and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for senators ; and shall sort and count them in open town meet ing, and in presence of the town clerk, who shall make a fail record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name ; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscrip tion, expressing the purports of the contents thereof, and delivered by the town clerk of such town to the sheriff of the county in which such town lies, thirty days at least before the last Wednesday in May, annually ; or it shall be delivered into the secretary s office seventeen days at least before the said last Wednesday in May ; and the sheriff of each county shall deliver all such certi ficates by him received into the secretary s office, seven teen days before the said last Wednesday in May. And the inhabitants of plantations unincorporated, (qualified as this Constitution provides,) who are or shall be empowered and required to assess taxes upon them selves, toward the support of government, shall have the same privilege of voting for counsellors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meet ings for that purpose shall be held annually on the same first Monday in April, at such place in the plantations re spectively as the assessors thereof shall direct ; which as sessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this Constitu tion ; and all other persons, living in places unincorpora ted, (qualified as aforesaid,) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for 32 CONSTITUTION OF MASSACHUSETTS. counsellors and senators in the town where they shall be assessed, and be notified of the place of meeting, by the selectmen of the town where they shall be assessed, for that purpose, accordingly. 3. And that there may be a due convention of senators on the last Wednesday in May annually, the Governor and five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and, fourteen days before the said day, he shall issue his summons to such persons as shall appear to be chosen by the majority of votes, to attend on that day and take their seats accordingly : provided, nevertheless, that, for the first year, the said returned copies shall be examined by the president and five of the council of the former Consti tution of government : and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid. 4. The Senate shall be the final judge of the elections, returns, and qualifications of their own members, as pointed out in the Constitution; and shall, on the said last Wednesday in May, annually, determine and declare who are elected by each district, to be senators, by a ma jority of votes : and in case there shall not appear to be the full number of senators returned, elected by a majori ty of votes for any district, the deficiency shall be sup plied in the following manner, viz. : The members of the House of Representatives, and such senators as shall be de clared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these shall elect, by ballot, a number of senators sufficient to fill up the vacancies in such district ; and in this manner all such vacancies shall be filled in every dis trict of the commonwealth: and, in like manner, all va cancies in the Senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies shall happen : 5. Provided, nevertheless, that no person shall be ca pable of being elected a senator, who is not seized in his own right of a freehold within this commonwealth of the CONSTITUTION OF MASSACHUSETTS. 33 value of three hundred pounds at least, or possessed of per sonal estate to the value of six hundred pounds at least, or of both to the amount of the same sum ; and who has not been an inhabitant of this common wealth for the space of five years immediately preceding his election ; and at the time of his election he shall be an inhabitant in the district for which he shall be chosen. 6. The Senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time. 7. The Senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. 8. The Senate shall be a court with full authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the commonwealth, for misconduct, and maladministration in their offices. But, previous to the trial of every impeach ment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honor, trust, or profit, under this commonwealth : but the party so convicted shall be, nevertheless, liable to im peachment, trial, judgment, and punishment, according to the laws of the land. 9. Not less than sixteen members of the Senate shall constitute a quorum for doing business. CHAPTER I. SECTION 3. House of Representatives. Article 1. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality. 2. And in order to provide for a representation of the citizens of this commonwealth, founded on the principles of equality, every corporate town containing one hundred and fifty ratable polls may elect one representative ; eve ry corporate town containing three hundred and seventy- 34 CONSTITUTION OF MASSACHUSETTS. five ratable polls may elect two representatives : every corporate town containing six hundred ratable polls, may- elect three representatives ; and proceeding in that man ner, making two hundred and twenty-five ratable polls the mean increasing number for every additional repre sentative : Provided, nevertheless, that each town now incorpora ted, not having one hundred and fifty ratable polls, may elect one representative. But no place shall hereafter be incorporated with the privilege of electing a representa tive, unless there are, within the same, one hundred and fifty ratable polls. And the House of Representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this Constitution. The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public trea sury, to every member who shall attend as seasonably as he can, in the judgment of the House, and does not de part without leave. 3. Every member of the House of Representatives shall be chosen by written votes ; and for one year at least next preceding his election shall have been an inhabitant of, and have been seized in his own right of a freehold of the value of one hundred pounds within the town he shall be chosen to represent, or any ratable estate, to the value of two hundred pounds ; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid. 4. Every male person (being twenty-one years of age, and resident of any particular town in this commonwealth, for the space of one year next preceding) having a free hold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representa tive, or representatives for the said town. 5. The members of the House of Representatives shall be chosen annually, in the month of May, ten days, at least, before the last Wednesday of that month. CONSTITUTION OF MASSACHUSETTS. 35 6. The House of Representatives shall be the grand in quest of this commonwealth ; and all impeachments, made by them, shall be heard and tried by the Senate. 7. All money bills shall originate in the House of Re presentatives : but the Senate may propose or concur with amendments as on other bills. 8. The House of Representatives shall have power to adjourn themselves ; provided such adjournment shall not exceed two days at a time. 9. Not less than sixty members of the House of Repre sentatives shall constitute a quorum for doing business. 10. The House of Representatives shall be the judge of the returns, elections, and qualifications of its own mem bers, as pointed out in the constitution ; shall choose their own speaker; appoint their own officers, and settle their rules and orders of proceeding in their own house. They shall have authority to punish, by imprisonment, every person (not a member) who shall be guilty of disrespect to the House, by any disorderly or contemptuous beha vior in its presence ; or who, in the town where the gen eral court is sitting, shall threaten harm to the body or estate of any of its members, for anything said or done in the House; or who shall assault any of them therefor; or who shall assault or arrest any witness or otherperson, ordered to attend the House in his way in going or re turning ; or who shall rescue any person arrested by the order of the House. And no member of the House of Representatives shall be arrested or held to bail on mesne process, during his going into, returning from, or his attending the general as sembly 11. The Senate have the same powers in the like cases ; and the Governor and Council shall have the same authority to punish in like case.s : provided, that no im prisonment, on the warrant or order of the Governc.r, Council, Senate, or House of Representatives, for either of the above described offences, be for a term exceeding thirty days. And the Senate and House of Representatives may try and determine all cases where their rights and privileges 36 CONSTITUTION OF MASSACHUSETTS. are concerned, and which, by the Constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respec tively think best. CHAPTER II. SECTION 1. EXECUTIVE POWER. Governor. Article 1. There shall be a supreme executive magis trate, who shall be styled the Governor of the Common wealth of Massachusetts ; and whose title shall be, His Excellency. 2. The Governor shall be chosen annually: and no per son shall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this com monwealth for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold within the commonwealth of the value of one thousand pounds ; and unless he shall declare him self to be of the Christian religion. 3. Those persons who shall be qualified to vote for senators and representatives, within the several towns of this commonwealth, shall, at a meeting to be called for that purpose, on the first Monday of April, annually, give in their votes for a Governor to the selectmen, who shall preside at such meetings ; and the town clerk, in the pre sence, and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person, against his name: and shall make a fair record of the same in the town books, and a public decla ration thereof in the said meeting; and shall, in the pre sence of the inhabitants, seal up copies of the said lists, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May : and the sheriff shall transmit the same to the secretary s office seventeen days at least before the said last Wednesday in May ; or the selectmen CONSTITUTION OF MASSACHUSETTS. 37 may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day ; and the secretary shall lay the same before the Senate and House of Repre sentatives on the last Wednesday in May, to be by them examined: and in case of an election by a majority of all the votes returned, the choice shall be by them declared and published. But if no person shall have a majority of votes, the House of Representatives shall, by ballot, elect two out of four persons, who had the highest num ber of votes, if so many shall have been voted for: but, if otherwise, out of the number voted for; and make return to the Senate of the persons so elected; on which the Senate shall, by ballot, elect one who shall be declared Governor. 4. The Governor shall have authority from time to time, at his discretion, to assemble and call together the counsellors of this commonwealth for the time being; and the Governor, with the said counsellors, or five of them at least, shall, and may from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the Constitution and laws of the land. 5. The Governor, with the advice of council, shall have full power and authority, during the session of the general court, to adjourn or prorogue the same, to any time the two Houses shall desire ; and to dissolve the same on the day next preceding the last Wednesday in May, and in the recess of the said court to prorogue ihe same, from time to time, not exceeding ninety days in any one recess : and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same. And in case of any infectious distemper prevailing in the place where the said court is next, at any time, to convene, or any cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other of the most convenient places within the State. And the Governor shall dissolve the said general court on the day next preceding the last Wednesday in May 38 CONSTITUTION OF MASSACHUSETTS. 6. In cases of disagreement between the two Houses with regard to the necessity, expediency, or time of ad journment, or prorogation, the Governor, with advice of the council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall de termine, and the public good shall require. 7. The Governor of this commonwealth, for the time being, shall be commander-in-chief of the army and navy, and of all the military forces of the State, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and, for the special defence and safety of the com monwealth, to assemble in martial array, and put in war like posture, the inhabitants thereof; and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth ; and also to kill, slay, and destroy, if necessary, and con quer, by all fitting ways, enterprises, and means whatso ever, all and every such person or persons, as shall at any time hereafter, in a hostile manner, attempt or enter prise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise over the army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellion, (declared by the legislature to exist,) as oc casion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons (with their ships, arms, ammunition, and goods) as shall, in a hostile manner, invade, or at tempt the invading, conquering, or annoying this com monwealth : and that the Governor be intrusted with all these and other powers incident to the offices of captain- goneral, and commander-in-chief, and admiral, to be ex ercised agreeably to the rules and regulations of the Con stitution, and the laws of the land, and not otherwise. Provided, that the said Governor shall not, at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the legisla ture, transport any of the inhabitants of this common CONSTITUTION OF MASSACHUSETTS. 39 wealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court ; except so far as may be ne cessary to march or transport them by land or water, for the defence of such part of the State, to which they can not conveniently have access. 8. The power of pardoning offences, except such as persons may be convicted of before the Senate by an im peachment of the House, shall be in the Governor, by and with the advice of council; but no charter of pardon, granted by the Governor, with advice of the council, be fore conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. 9. All judicial officers, the attorney-general, the soli citor-general, all sheriffs, coroners, and registers of pro bate, shall be nominated and appointed by the Governor, by and with the advice and consent of the council ; and every such nomination shall be made by the Governor, and made at least seven days prior to such appointment. 10. The captains and subalterns of the militia shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty-one years of age and upwards. The field officers of regiments shall be elected by the written votes of the captains and sub alterns of their respective regiments. The brigadiers shall be elected, in like manner, by the field officers of their respective brigades. And such officers, so elected, shall be commissioned by the Governor, who shall deter mine their rank. The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the Governor the officers elected. The major-generals shall be appointed by the Senate and House of Representatives, each having a negative upon the other; and be commissioned by the Governor. And if the electors of brigadiers, field officers, captains, or subalterns, shall neglect or refuse to make such elec tions, after being duly notified according to the laws of the time being, then the Governor with advice of council shall appoint suitable persons to fill such offices 40 CONSTITUTION OF MASSACHUSETTS. And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the ad dress of both Houses to the Governor, or by fair trial in court-martial, pursuant to the laws of the commonwealth for the time being. The commanding officers of regiments shall appoint their adjutants and quarter-masters ; the brigadiers their brigade-majors; and the major-generals their aids; and the Governor shall appoint the adjutant-general. The Governor, with advice of council, shall appoint all officers of the continental army, whom (by the confedera tion of the United States) it is provided that this com monwealth shall appoint, as also all officers of forts and garrisons. The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law. 11. No moneys shall be issued out of the treasury of this commonwealth, and be disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer s notes, or for the payment of inte rest arising thereon) but by warrant, under the hand of the Governor for the time being, with the advice and consent of the council, for the necessary defence and support of the commonwealth, and for the protection and preserva tion of the inhabitants thereof, agreeably to the act and resolves of the general court. 12. All public boards, the commissary-general, all su perintending officers of public magazines and stores, be longing to this commonwealth, and all commanding offi cers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times, when required by the Governor, deli ver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property whatever, under their care respectively ; distin guishing the quantity, number, quality, and kind of each, as particular as may be ; together with the condition of CCLNST1TUTIOA OF MASSACHUSETTS. 41 such forts and garrisons. And the said commanding of ficer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, harbor or harbors, adjacent. And the said boards and all public officers shall com municate to the Governor, as soon as may be, after re ceiving the same, all despatches and intelligence of a pub lic nature, which shall be directed to them respectively. 13. As the public good requires that the Governor should not be under the influence of any of the members of the general court, by a dependence on them for his support: that he should in all cases act with freedom for the benefit of the public ; that he should not have his at tention necessarily diverted from that object, to his pri vate concerns ; and that he should maintain the dignity of the commonwealth, in the character of its chief magis trate it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply suf ficient for those purposes, and established by standing laws ; and it shall be among the first acts of the general court, after the commencement of this Constitution, to es tablish such salary by law accordingly. Permanent and honorable salaries shall also be esta blished by law for the justices of the supreme judicial court. , And if it shall be found that any of the salaries afore said, so established, are insufficient, ^hey shall, from time to time, be enlarged, as the general court shall judge proper. CHAPTER IT. SECTION 2. Lieutenant- Governor. Article 1. There shall be annually elected a Lieutenant- Governor of the commonwealth of Massachusetts, whose title shall be, His Honour; and who shall be qualified, in point of religion, property, and residence in the com monwealth, in the same manner with the Governor ; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required m the 4* 42 CONSTITUTION OF MASSACHUSETTS. election of a Governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner : and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the Senate and House of Representatives, in the same manner as the Governor is to be elected, in case no one person shall have a majority of the votes of the peo ple, to be Governor. 2. The Governor, and, in his absence, the Lieutenant- Governor, shall be the president of the council ; but shall have no vote in council ; and the Lieutenant-Governor shall always be a member of the council, except when the chair of the Governor shall be vacant. 3. Whenever the chair of the Governor shall be vacant by reason of his death, or absence from the common wealth, or otherwise, the Lieutenant-Governor for the time being shall, during such vacancy, perform all thf duties incumbent upon the Governor, and shall have and exercise all the power and authorities which, by this Con stitution, the Governor is vested with, when personally present. CHAPTER II. SECTION 3, Council, and the manner of settling Elections by the Legislature. Article 1. There shall be a council for advising the Governor in the Executive part of the Government, to consist of nine persons, besides the Lieutenant-Governor, whom the Governor, for the time being, shall have full power and authority from time to time, at his discretion, to assemble and call together: and the Governor, with the said counsellors, or five of them at least, shall and may, from time to time, hold and keep a council, for the order ing and directing the affairs of the commonwealth, accord ing to the laws of the land. 2. Nine counsellors shall be annually chosen from among the persons returned from the counsellors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives, assembled in CONSTITUTION OF MASSACHUSETTS. 43 one room : and in case there shall not be found, upon the first choice, the whole number of nine persons, who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid, from among the people at large ; and the number of senators left shall constitute tho Senate for the year. The seats for the persons thus elected from the Senate, and accepting the trust, shall be vacated in the Senate. 3. The counsellors, in the civil arrangements of the commonwealth, shall have rank next after the Lieutenant- Governor. 4. Not more than two counsellors shall be chosen out of any one district of this commonwealth. 5. The resolutions and advice of the council shall be recorded in a register; and signed by the members pre sent: and this record may be called for at any time by either house of the legislature ; and any member of the council may insert his opinion, contrary to the resolution of the majority. 6. Whenever the office of Governor and Lieutenant- Governor shall be vacant, by reason of death, absence, or otherwise, then the council, or the major part of them, shall, during such vacancy, have full power and authority to do and to execute all and every such acts, matters, and things, as the Governor or Lieutenant-Governor might or could, by virtue of this Constitution, do or execute, if they or either of them were personally present. 7. And whereas the elections appointed to be made by this Constitution, on the last Wednesday in May annual ly, by the two Houses of the legislature, may not be com pleted on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of election shall be as follows : the vacancies in the Senate, if any, shall first be filled up ; the Governor and Lieutenant-Governor shall then be elected, provided there shall be no choice of them by the people ; and after wards the two Houses shall proceed to the election of the council. 41 CONSTITUTION OF MASSACHUSETTS. CHAPTER II. SECTION 4. Secretary, Treasurer, Commissary, fyc. Article 1. The. secretary, treasurer, and receiver-gene ral, and the commissary-general, notaries public, and na val officers, shall be chosen annually, by joint ballot of the senators and representatives, in one room ; and that the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public treasury upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years suc cessively. 2. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the Governor and council, the Senate and House of Representatives, in person, or by his deputies, as they shall respectively require. CHAPTER III. Judiciary Power. Article 1. The tenure that all commission officers shall, by law, have in their offices, shall be expressed in their respective commissions ; all judicial officers, duly appoint ed, commissioned, and sworn, shall hold their offices during good behaviour ; excepting such concerning whom there is different provision made in this Constitution: Pro vided, nevertheless, the Governor, with consent of the council, may remove them upon the address of both Houses of the legislature. 2. Each branch of the legislature, as well as the Go vernor and council, shall have authority to require the opinions of the justices of the supreme judicial court, up on important questions of law, and upon solemn occa sions. 3. In order that the people may not suffer from the long continuance in place of any justice of the peace, who CONSTITUTION OF MASSACHUSETTS. 45 shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void in the term of seven years from their respective dates ; and upon the expira tion of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most con duce to the well-being of the commonwealth. 4. The judges of probates of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people may require : and the legislature shall, from time to time hereafter, appoint such times and places : until which appointments, the said courts shall be holden at the times and places which the respective judges shall di rect. 5. All the causes of marriage, divorce, and alimony, and all appeals from the judges of probate, shall be heard and determined by the Governor and council, until the legislature shall, by law, make other provisions. CHAPTER IV. Delegates to Congress. The Delegates of this commonwealth to the Congress of the United States shall, some time in the month of June annually, be elected by joint ballot of the Senate and House of Representatives, assembled together in one room ; to serve in Congress for one year, to commence on the first Monday in November the next ensuing. They shall have commission under the hand of the Go vernor, and the great seal of the commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned in the same manner, in their stead. 46 CONSTITUTION OF MASSACHUSETTS. CHAPTER V. To the University at Cambridge, and Encouragement of Literature, fyc. SECTION 1. THE UNIVERSITY. Article 1. Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard college, in which univer sity many persons of great eminence have, by the bless ing of God, been initiated into those arts and sciences which qualified them for public employments both in church and state: and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, it is declared that the president and fellows of Harvard college in their corporate capa city, and their successors in that capacity, their offi cers and servants, shall have, hold, use, exercise, and en joy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to have, hold, use, exercise, and enjoy : and the same are hereby ratified and confirmed unto them, the said president, and fellows of Harvard college, and to their successors, and to their officers and servants, respective ly, for ever. 2. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies, and conveyances, heretofore made, either to Harvard college, in Cambridge, in New England, or to the president and fellows of Har vard college, or to the said college, by some other descrip tion, under several charges successively it is declared, that all the said gifts, grants, devises, legacies, and con veyances, are hereby for ever confirmed unto the presi dent and fellows of Harvard college, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor and grantors, de visor or devisors. CONSTITUTION OF MASSACHUSETTS. 4? 3. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the Governor, and de puty-Governor, for the time being, and all the magistrates of that jurisdiction, were, with the president and a num ber of the clergy in the said act described, constituted the overseers of Harvard college : and it being necessary in this new constitution of government, to ascertain who shall be deemed successors to the said Governor, deputy- Governor,and magistrates, it is declared that the Governor, Lieutenant-Governor, Council, and Senate of this common wealth, are and shall be deemed their successors : who, with the president of Harvard college, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard college : provided, that nothing herein sliail be construed to prevent the legislature of this commonwealth from making such alterations in the go vernment of the said university as shall be conducive to its advantage, and the interest of the republic of letters in as full a manner as might have been done by the legis lature of the late province of the Massachusetts Bay. CHAPTER V. SECTION 2. The Encouragement of IMerature. Wisdom and knowledge, as well as virtue, diffused gen erally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of the legislatures and magistrates, in all future periods of this commonwealth, to cherish the interest of literature and the sciences, and all seminaries of them : especially the university at Cambridge, public schools, and grammar schools in the towns ; to encourage private societies and 48 CONSTITUTION OF MASSACHUSETTS. public institutions, by rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings : sincerity, good humor, and all social affections and gene rous sentiments among the people. CHAPTER VI. Oaths and subscriptions ; incompatibility of, and exclusion f> offices , pecuniary qualifications ; commissions ; writs ; confirma tion of laws ; habeas corpus , the enacting style ; continuance of officers ; provision for a future rcvisal of the Constitution, $~c. Article 1. Any person chosen Governor, or Lieute nant-Governor, counsellors, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, take, make, and sub scribe the following declaration, viz. : "I, A. B., do declare that I believe the Christian reli gion, and have a firm persuasion of its truth; and that I am seized and possessed, in my own right, of the property required by the Constitution, as one qualification for the office or place to which I am elected." And the Governor, Lieutenant-Governor, and counsel lors, shall make and subscribe the said declaration in the presence of the two Houses of Assembly ; and the sena tors and representatives first elected under this Constitu tion, before the president and five of the council of the former Constitution ; and, for ever afterwards, before the Governor and council for the time being. And every person chosen to either of the places or offices aforesaid, as also any person appointed or com missioned to any judicial, executive, military, or other office, under the government, shall, before he enter on the discharge of the business of his place or office, take and subscribe the following declaration and oaths, or affirma tions; viz, : CONSTITUTION OF MASSACHUSETTS. 49 " I, A. B., do truly and sincerely acknowledge, pro fess, testify, and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign, and independent state ; and I do swear that I will bear true faith and allegiance to the said com monwealth, and I will defend the same against trai torous conspiracies, and all hostile attempts whatso ever : and that I do renounce and abjure all allegi ance, subjection, and obedience to the king, queen, or government of Great Britain, as the case may be, and every foreign power whatsoever : and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, with in this commonwealth, except the authority and power which is or may be vested by their constitu ents in the Congress of the United States: And I do further testify and declare, that no man or body of men hath or can have any right to absolve or dis charge me from the obligation of this oath, declara tion, or affirmation ; and that I do make this acknow ledgment, profession, testimony, declaration, denial renunciation, and abjuration heartily and truly, ac cording to the common meaning and acceptation of the foregoing words, without any equivocation, men- tal evasion, or secret reservation whatsoever. So help me God. "I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , accord ing to the best of my abilities and understanding, agreeably to the rules and regulations of the Consti tution, and the laws of this commonwealth. So help me God." Provided always, that when any person chosen or ap pointed as aforesaid shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation, in the foregoing form, and subscribe the same, omitting the words, "I do swear," "and abjure," " oath," " and abjuration," in 50 CONSTITUTION OF MASSACHUSETTS. the first oath ; and in the second oath, the words " swear and," and in each of them the words " so help me God ;" subjoining instead thereof, " This I do under the pains and penalties of perjury ." And in the said oaths or affirmations shall be taken and subscribed by the Governor, Lieutenant-Governor, and counsellors, before the president of the Senate, in the pre sence of two Houses of Assembly : and by the senators and representatives first elected under this Constitution, before the president and five of the council of the former Constitution ; and, for ever afterwards, before the Gover nor and Council for the time being ; and by the residue of the officers aforesaid, before such persons as, from time to time, shall be prescribed by the legislature. 2. No Governor, Lieutenant-Governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this commonwealth, except such as by this Constitution they are admitted to hold, saving that the judges of the said court may hold the offices of jus tices of the peace throughout the State ; nor shall they hold any other place or office, or receive any pension or salary, from any other State, or Government, or power whatever. No person shall be capable of holding or exercising, at the same time, more than one of the following offices within this State, viz. : judge of probate, sheriff, register of probate, or register 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 House of Representatives, or by election of the people of the State at large, or of the peo ple of any county, (military officer and the office of jus tice of the peace excepted,) shall be held by one person. No person holding the office of judge of the supreme judi cial court, secretary , attorney-general, solicitor-general, treasurer, or receiver-general, judge of probate, commissa ry.general, president, professor, or instructor of Harvard college, sheriff, clerk of the House of Representatives, re gister of probate, register of deeds, clerk of the supreme ju dicial court, clerk of the inferior court of common pleas, 01 officer of the customs, (including in this description naval CO.NSTITLTIOA OF MASSACHUSETTS. 51 officers,) shall at the same time have a seat in the Senate or House of Representatives ; but, their being chosen or appointed to, a-nd accepting the same, shall operate as a re signation of their seat in the Senate or House of Represen tatives ; and the places so vacated shall.be filled up. And the same rule shall take place in case any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council, or any counsellor shall ac cept of either of those offices or places. And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or cor ruption in obtaining an election or appointment. 3. In all cases where sums of money are mentioned in this Constitution, the value thereof, shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature from time to time, to increase such qualifications, as to property, of the per sons to be elected into offices, as the circumstances of the commonwealth shall require. 4. All commissions shall be in -the name of the com monwealth of Massachusetts; signed by the Governor, and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. 5. All writs issuing out of the clerk s office in any of the courts of law, shall be in the name of the common wealth of Massachusetts ; they shall be under the seal of the court from whence they issue \ they shall bear test of the first justice of the court to which they shall be returnable, (who-is nota party,) and be sign ed by the clerk of such court, 6. All the laws which have heretofore been adopted, used, and approved of in the province, colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature: such parts only excepted as are repugnant to the rights and liberties con tained in this Constitution. 7. The privilege and benefit of the writ of habeas cor pus shall be enjoyed in this commonwealth in the most 52 CONSTITUTION OF MASSACHUSETTS. free, easy, cheap, expeditious, and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. 8. The enacting style, in making and passing all acts, statutes, and laws, shall be, " Be it enacted by the Senate and House of Representatives, in general court assem bled, and by the authority of the same. 11 9. To the end there may be no failure of justice, or danger arise to the commonwealth, from a change of the form of government, all officers, civil and military, hold ing commissions under the government and people of Massachusetts Bay in New England, and all other officers of said government and people, at the time this Con stitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead ; and all courts of law shall proceed in the ex ecution of the business of their respective departments : and all the executive and legislative officers, bodies, and powers, shall continue in full force in the enjoyment and exercise of all their trusts, employment, and authority, until the general court, and the supreme and executive officers, under this Constitution, are designated and in vested with their respective trusts, powers, and authority. 10. In order more effectually to adhere to the princi ples of the Constitution, and correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the general court which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, di recting them to convene the qualified voters of their re spective towns and plantations, for the purpose of collect ing their sentiments on the necessity of expediency of revising the Constitution, in order to amendments. And if it shall appear, by the returns made, that two- thirds of the qualified voters throughout the State, who shall assemble and vote in consequence of the said .pre cepts, are in favor of such revision or amendment, the CONSTITUTION OF MASSACHUSETTS. 53 general court shall issue precepts, or direct them to be issued from the secretary s office, to the several towns, to elect delegates to meet in Convention, for the purpose aforesaid. The said delegates to be chosen in the same manner and proportion, as their representatives in the second branch of the legislature are by this Constitution to be chosen. 11. This form of Government shall be enrolled on parchment, and deposited in the secretary s office, and be a part of the laws of the land : and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws. JAMES BOWDOIN, President. Attest, SAMUEL BARRET, Secretary. AMENDMENTS. Article 1. If any bill or resolve shall be objected to, and not approved of by the Governor ; and if the general court shall adjourn within five days after the same shall have been laid before the Governor for his approbation, and thereby prevent his returning it, with his objections, as provided by the Constitution ; such bill or resolve shall not become a law, nor have force as such. Art. 2. The general court shall have full power and au thority to erect or constitute municipal or city govern ments in any corporate town or towns, in this common wealth, and to grant to the inhabitants thereof such powers, privileges, and immunities, not repugnant to the Constitution, as the general court shall deem necessary or expedient, for the regulation and Government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, tinder the Constitution, and the manner of returning the votes given at such meetings : provided, that no such Government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meet- CONSTITUTION OF MASSACHUSETTS. ing duly warned and holden for that purpose : and pro vided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be an nulled by the general court. Art. 3. Every male citizen of twenty -one years of age, and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the com monwealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election of Governor, Lieutenant- Governor, senators, representatives, and. who shall have paid, by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth : and also every citizen, who shall be by law exempt from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such eleciion of Governor, and Lieuteaant-Governor, senators, and repre sentatives ; and no other person shall be entitled to a vote in such election. Art. 4. Notaries public shall be appointed by the Go vernor, in the same manner as judicial officers are ap pointed, and shall hold their offices during seven years, unless sooner removed by the Governor, with the con sent of the council, and upon the address of both Houses of the legislature. In case the office of secretary or treasurer of the common wealth shall become vacant from any cause, during the re cess of the general court, the Governor, with the consent of the council shall nominate and appoint, under such regula tions as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court. Whenever the exigencies of the commonwealth shall require the appointment of a commissary-general, he shall be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe. All officers commissioned to command in. the militia, may be removed from office in such manner as the legis lature may, by law, prescribe. CONSTITUTION OF MASSACHUSETTS. 55 Art. 5. In the election of captains and subalterns of the militia, all the members of their respective companies, as well as those under, as those above the age of twenty-one years, shall have a right to vote. Art. 6. Instead of the oath of allegiance, prescribed by the Constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this com mon wealth, before he shall enter upon the duties of his office, to wit : " I, A. B-, do solemnly swear, that I will bear true faith and allegiance to the commonwealth of Massachu setts, and will support the Constitution thereof. So help me God." Provided, that when any person shall be of the denomi nation called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word " swear," and inserting, instead there of, the word * affirm," and omitting the words " so help me God," and subjoining, instead thereof, the words " this I do under the pains and penalties of perjury." Art. 7. No oath, declaration, or subscription, except ing the oath prescribed in the preceding article, and the oath of office, shall be required of the Governor, Lieute- nant-Governor, counsellors, senators, or representatives, to qualify them to perform the duties of their respective offices. Art. 8. No judge of any court of this commonwealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (post mas ters excepted,) shall, at the same time, hold the office of Governor, Lieutenant-Governor, or counsellor, or have a seat in the Senate or House of Representatives of this commonwealth; and no judge of any court in this com monwealth, (except the court of sessions,) nor the attor ney-general, solicitor-general, county attorney, clerk of any court, sheriff, treasurer, and receiver-general, registei of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Con gress of the United States, and accepting that trust ; but ne acceptance of such trust, by any of the officers afore- 56 CONSTITUTION OF MASSACHUSETTS. said, shall be deemed and taken to be a resignation of his said office ; and judges of the courts of common pleas shall hold no other office, under the government of this commonwealth, the office of the justice of the peace and militia officers excepted. Art. 9. If at any time hereafter, any specific and particu lar amendment, or amendments to the Constitution be proposed in the general court, and agreed to by a majori ty of the senators, and two-thirds of the members of the House of Representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two Houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published ; and if in the general court then next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a ma jority of the senators and two-thirds of the members of the House of Representatives present and voting thereon ; then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the qualified voters voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the Constitution of this commonwealth. Resolved, That the above recited articles of amendment, shall be enrolled on parchment, and deposited in the secretary s office, as a part of the Constitution and funda mental laws of this commonwealth, and published in im mediate connexion therewith, in all future editions of the laws of this commonwealth, printed by public autho rity. And in order that the said amendments may be promulgated and made known to the people of this com monwealth, without delay, it is further Resolved, That his excellency, the Governor, be, and he hereby is authorized and requested to issue his procla mation, reciting the articles aforesaid ; announcing that the same have been duly adopted and ratified by the peo ple of this commonwealth, and become apart of the Con stitution thereof; and requiring all magistrates, officers, civil and military, and all the citizens of this common* wealth, to take notice thereof, and govern themselves ao cordingly," CONSTITUTION OF NEW YORK. 57 Now, therefore, I, John Brooks, Governor of the commonwealth of Massachusetts, hy virtue of the au thority to me given by the resolution last above written, do issue this my proclamation, and I do hereby announce, that the several articles aforesaid have been duly ratified and adopted by the people of this commonwealth, and have become a part of the Constitution thereof. And all magistrates, officers, civil and military, and ail the citizens of the commonwealth, are required to take notice thereof, and govern themselves accordingly. Given at the council chamber, in Boston, the day and year first above written, and in the forty-fifth year of the independence of the United States. JOrlN BROOKS. By his Excellency, the Governor, ALDEN BRADFORD, Secretary, God save the commonwealth of Massachusetts ! CONSTITUTION OF NEW YORK. ARTICLE 1. SECTION 1. No member of this State shall be disfran chised, or deprived of any of the rights or privileges se cured to any citizen thereof, unless by the law of the land, or the judgment of his peers. 2. The trial by Jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law. 3. The free exercise and enjoyment of religious pro fession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or jus tify practices inconsistent with the peace or safety of this State. COXSIITUTIOX OF NEW YORK. 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeach ment, and in cases of the militia, when in actual service; and the land and naval forces in lime of war, or which this State may keep with the consent of Congress in time of peace; and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence ; nor shall he be compelled in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation. 7. When private property shall be taken for any pub lic use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascer tained by a jury, or by not less than three commission ers appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefitted. 8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall ap pear to the jury, that the matter charged as libellous is true, and was published with goc d motives, and for jus ti- CONSTITUTION OF NEW YORK. 59 fiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. 9. The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes. 10. No law shall be passed, abridging the right of the people peaceably to assemble and to petition the gov ernment, or any department thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings, nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this State, 11. The People of this State, in their right of sov ereignty, are deemed to posess the original and ultimate property in and to all lands within the jurisdiction of the State ; avid all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people. 12. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving how ever, all rents and services certain which at any time heretofore have been lawfully created or reserved. 13. All lands within this State are declared to be allo dial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners ac cording to the nature of their respective estates. 14. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. 15. All fines, quarter sales, or other like restraints upon alienation reserved in any grant of land, hereafter to be made, shall be void. 16. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October, one thousand seven hundred and seventy-five ; or which may hereafter be made, of, or with the Indians, shall be valid, unless made under the authority, and with the consent of the Legislature. 17. Such parts of the common law, and of the nets of the Legislature of the colony of New-York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy, 60 CONSTITUTION OF NEW YORK. five, and the resolutions of the Congress of the sa d col ony, and of the Convention of the State of New-York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated ; and the Legis lature, at its first session after the adoption of this Con stitution, shall appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this State, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commis sioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the Legis lature, when called upon to do so ; and the Legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said commissioners ; and shall also provide for the publication of the said code, prior to its being presented to the Leg : s- islature for adoption. 18. All grants of land within this State, made by the King of Great Britain, or persons acting under his au thority, after the fourteenth day of October, one thou sand seven hundred and seventy-five, shall be null and void ; but nothing contained in this Constitution shall affect any grants of land within this State, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day ; or shall affect any such grants or charters since made by this State, or by persons acting under its authority, or shall impair the obligation of any debts contracted by this State, or in dividuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. CONSTITUTION OF NEW YORK. 61 ARTICLE 2. SECTION 1. Every male citizen of the age of twenty- one years, who shall have been a citizen for ten days, and an inhabitant of this State one year next preceding any election, and for the la.-t four months a resident of the county where he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; but such citizen shall have been for thirty days next preceding the election, a resident of the dig trict from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have been for three years a citizen of this State, and for one year nexl preceding any election shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actu ally rated and paid a tax thereon, shall be entitled *o vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid. 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, of larceny, or of any infamous crime ; and for depriving every person who shall make, or become di rectly or indirectly interested in any bet or wager de pending upon the result of any election, from the right to vote at such election. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States ; nor while engaged in the naviga tion of the waters of this State, or of the United "States, or of the high seas ; nor while a student of any seminary of learning ; nor while kept at any alms house, or other asylum, at public expense; nor while confined in any public prison. 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. 6 62 CONSTITUTION" OF NEW YORK. 5. All elections by the citizens shall be by ballot, ex cept for such town officers as may by law be directed to be otherwise chosen. ARTICLE 3. SECTION 1. The legislative power of this State shall be vested in a Senate and Assembly. 2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twen ty-eight members, who shall be annually elected. 3. The State shall be divided into thirty-two districts, to be called Senate districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two inclusive. District number one (1) shall consist of the counties of Suffolk, Richmond and Queens. District number two (2) shall consist of the county of Kings. .""Districts number three (3) number four (4) number five (5) and number six (6) shall consist of the city and county of New-York; and the board of supervisors of said city and county shall, on or before the first day of May one thousand eight hundred and forty-seven, divide the said city and county into the number of Senate Dis tricts, to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and per sons of color not taxed, and consisting of convenient and contiguous territory; and no Assembly District shall be divided in the formation of a Senate District. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the popula- tion thereof, to be filed in the office of the Secretary of State, and of the clerk of the said city and county. District number seven (7) shall consist of the counties of Westchester, Putnam and Rockland. District number eight (8) shall consist of the counties of Dutchess and Columbia, District number nine (9) shall consist of the counties of Orange and Sullivan. District number ten (10) shall consist of the counties- of Ulster and Greene, CONSTITUTION OF NEW YORK 63 District number eleven (11) shall consist of the coun ties of Albany and Schenectady. District number twelve (12) shall consist of the coun ty of Rensselaer. District number thirteen (13) shall consist of the coun ties of Washington and Saratoga. District number fourteen (14) shall consist of the counties of Warren, Essex and Clinton. District number fifteen (15) shall consist of the coun ties of St. Lawrence and Franklin. District number sixteen (16) shall consist of the coun ties of Herkimer, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the counties of Schoharie and Delaware. District number eighteen (18) shall consist of the counties of Otsego and Chenango. District number nineteen (19) shall consist of the county of Oneida. District number twenty (20) shall consist of the coun ties of Madison and Osvvego. District number twenty-one (21) shall consist of the counties of Jefferson and Lewis. District number twenty-two (22) shall consist of the county of Onondaga. District number twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number twenty-five (25) shall consist, of the counties of Tomkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties of Steuben and Chemung. District number twenty-seven (27) shall consist of the county of Monroe. District number twenty-eight (28) shall consist of the counties of Orleans, Geneseeand Niagara. District number twenty-nine (29) shall consist of the counties of Ontario and Livingston. District number thirty (30) shall consist of the coun ties of Alleghany and Wyoming. District number thirty-one (31) shall consist of the county of Erie. 64 CONSTITUTION OF NEW VTOKK. District number thirty-two (32) shall consist of the counties of Chautauque and Cattaraugus. 4. An enumeration of the inhabitants of the State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter ; and the said dis tricts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each Senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and per sons of color not taxed ; and shall remain unaltered un til the return of another enumeration, and shall at all times consist of contiguous territory ; and no county shall be divided in the formation of a Senate district, except such county shall be equitably entitled to two or more Senators. 5. The members of Assembly shall be apportioned among the several counties of this State, by the Legis lature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and persons of color not taxed, and shall be chosen by single districts. The several boards of supervisors in such counties of this State, as are now entitled to more than one member of Assembly, shall assemble on the first Tuesday of Ja nuary next, and divide their respective counties into Assembly districts equal to the number of members of Assembly to which such counties are now severally en titled by law, and shall cause to be filed in the offices of the Secretary of State and the clerks of their respective counties, a description of such Assembly districts, speci fying the number of each district and the population thereof, according to the last preceding State enumeration, is near as can be ascertained. Each Assembly district shall contain, as nearly as may be, an equal number of in habitants, excluding aliens and persons of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of Assem bly districts. The Legislature, at its first session after the return of every enumeration, shall re-apportion the members of Assembly among the several counties of this State, in manner aforesaid, and the boards of supervisors in such CONSTITUTION OF NEW YORK. (55 counties as may be entitled, under such re-appointment, to more than one member, shall assemble at such time as the Legislature making such re-appointment shall pre scribe, and divide such counties into Assembly districts, in the manner herein directed ; and the appointment and districts so to be made, shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. Every county heretofore established and separately or ganized, except the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member. 6. The members of the Legislature sluill receive for their services a sum not exceeding three dollars a day, from the commencement of the session ; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for im peachment. The limitation as to the aggregate compen sation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the Governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and re turning from their place of meeting, on the most usual route. The Speaker of the Assembly shall, in virtue of his office, receive an additional compensation equal to one third of his per diem allowance as a member. 7. No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected ; and all such appoint ments, and all votes given for any such member, for any such office or appointment shall be void. 8. No person being a member of Congress, or holJ- ing any judicial or military office under the United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Leg- 6* 66 CONSTITUTION OF NEW YORK. islature, be elected to Congress, or appointed to any office, civil or military, under the government of the Uni ted States, his acceptance thereof shall vacate his seat. 9. The elections of Senators and members of Assem bly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature. 10. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns, and qualifications of its own members, shall choose its own officers; and the Senate shall choose a temporary president, when the Lieutenant-Governor shall not attend as president, or shall act as Governor. 11. Each house shall keep a journal of its proceed ings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require se crecy. Neither house shall, without the consent of the other, adjourn for more than two days. 12 For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place. 13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other. 14. The enacting clause of all bills shall be " The people of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill. J5. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the Legislature, and the question upon the final passage shaR be taken immediately upon its last reading, and the yeas and nays entered on the journal. 16. No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title. 17. The Legislature may confer upon the boards of supervisors of the several counties of the State, such further powers of local legislation and administration, as th^v shall from time to time prescribe. CONSTITUTION OF NEW YORK. 67 ARTICLE 4. SECTION 1. The executive power shall be vested in a Governor, who shall hold his office for two years ; a Lieu tenant-Governor shall be chosen at the same time, and for the same term. 2. No person, except a citizen of the United States, shall be eligible to the office of Governor, nor shall any person be eligible to that office, who shall not have at tained the age of thirty years, and who shall not have been five years next preceding his election, a resident within this State. 3. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the high est number of votes for Governor and Lieutenant Gov ernor shall be elected ; but in case two or more shall have an equal and the highest number of votes for Gov ernor, or for Lieutenant Governor, the two houses of the Legislature, at its next annual session, shall, forth with, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Go- venor, or Lieutenant Governor. 4. The Governor shall be commander-in-chief of the military and naval forces of the State. He shall have power to convene the Legislature (or the Senate only) on extraordinary occasions. He shall communicate by message to the Legislature, at every session, the condi tion of the State, and recommend such matters to them as he shall judge expedient. He shall transact nil neces sary business with the officers of government, civil and military. He shall expedite all such measures, as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation to be esta blished by law, which shall neither be increased nor di- miniyhed after his election and during his continuance in office. 5. The Governor shall have the power to grant re prieves, commutations, and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and li- 68 CONSTITUTION OF NEW YORK. notations, as he may think proper, subject to such regu lation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sen tence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall an nually communicate to the Legislature each case of re prieve, commut tion or pardon granted ; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. 6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge ths powers and duties of the said office, resignation or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof, he shall continue com- mander-in-chief of all the military force of the State. 7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be President of the Senate, but shall only have a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeach ed, displaced, resign, die, or become incapable of per forming the duties of his office, or be absent from the State, the President of the Senate shall act as Gover nor, until the vacancy be filled, or the disability shall cease. 8. The Lieutenant-Governor shall, while acting as such, receive a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office. 9. Every bill which shall have passed the Senate and Assembly, shall, before it becomes a law, be presented to the Governor: if he approve, he shall sign it ; but if not, he shall return it with his objections to that house, in which it shall have originated ; who shall enter the CONSTITUTION OF NFW YORK. 69 objections at large on their journal and proceed to recon sider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by two-thirds of all the members present, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the mem bers voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten d ays (Sun days excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had sign ed it, unless the Legislature shall, by their adjournment, prevent its return ; in which case it shall not be a law. ARTICLE 5. SECTION 1. The Secretary of State, Comptroller, Treasurer and Attorney-General, shall be chosen at a genera! election, and shall hold their offices for two years. Each of the officers in this article named (except the Speaker of the Assembly), shall at stated times, during his continuance in office, receive for his services, a com pensation, which shall not be increased or diminished during the term for which he shall have been elected ; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. 3. Three Canal Commissioners shall be chosen at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Commissioners of the Canal Fund shall meet at the Capitol on the first Monday of January, next after such election, and determine by lot which of said Commissioners shall hold his office for one year, which for two, and which for three years ; and there shall be 70 CONSTITUTION OF NEW YORK. elected annually, thereafter, one Canal Commissioner, who shall hold his office for three years. 4. Three Inspectors of State Prisons, shall be elected at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Governor, Secretary of State, and Comptroller, shall meet at the Capitol on the first Mon day of January next succeeding such election, and deter mine by lot which of said Inspectors shall hold his office for one year, which for two, and which for three years ; and there shall be elected annually thereafter one Inspec tor of State Prisons, who shall hold his office for three years. Said Inspectors shall have the charge and super intendence of the State prisons, and shall appoint all the officers therein. All vacancies in the office of such In spector shall be filled by the Governor, till the next elec tion. 5. The Lieutenant Governor, Speaker of the Assem bly, Secretary of State, Comptroller, Treasurer, Attor ney-General and State Engineer and Surveyor, shall be the Commissioners of the Land-Office. The Lieutenant-Governor, Secretary of State, Comp troller, Treasurer, and Attorney-General, shall be the Commissioners of the Canal Fund. The Canal Board shall consist of the Commissioners of the Canal Fund, the State Engineer and Surveyor, and the Canal Commissioners. 6. The powers and duties of the respective boards, and of the several officers in this Article mentioned, shall be such as now are or hereafter may be prescribed by law. 7. The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commencement of the next ses sion of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office, during such suspen sion of the Treasurer. 8. All offices for the weighing, gauging measuring, culling or inspecting any merchandize, produce, manu- CONSTITUTION OF NEW YORK. 71 facture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by law ; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, re venue, tolls, or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purpose here after. ARTICLE 6. SECTION 1. The Assembly shall have the power of impeachment, by the vote of a majority of all the mem bers elected. The court for the trial of impeachments, shall be composed of the President of the Senate, the Senators, or a major part of them, and the judges of the court of appeals, or a major part of them. On the trial rf an impeachment against the Governor, the Lieutenant- Governor shall not act as a member of the court. No ju dicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Be fore the trial of an impea chment, the members of the court shall take an oath or affirmation, truly and impar tially to try the impeachment, according to evidence; and no person shall be convicted, without the concur rence of two- thirds of the members present. Judg ment in cases of impeachment shall not extend further than to removal from office, or removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under this State ; but the party impeached shall be liable to indictment, and punishment according to law. 2. There shall be a Court of Appeals, composed of eight judges, of whom four shall be elected by the elec tors of the State for eight years, and four selected from the class of Justices of the Supreme Court having the shortest time to serve. Provision shall be made by law, for designating one of the number elected, as chief judge, and for selecting such Justices of the Supreme Court, from time to time, and for so classifying those elected, that one shall be elected every second year. 72 CONSTITUTION OF NEW YORK. 3. There shall be a Supreme Court having general jurisdiction in law and equity. 4. The State shall be divided into eight judicial dis tricts, of which the city of New-York shall be one ; the others to be bounded by county lines and to be compact and equal in population as nearly as may be. There shall be four .Justices of the Supreme Court in each dis trict, and as many more in the district composed of the city of New-York, as may from time to time be author ized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the State in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years. 5. The Legislature shall have the same powers to al ter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed. 6. Provision may be made by law for designating from time to time, one or more of the said justices, who is not a judge of the Court oT Appeals, to preside at the general terms of the said Court to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated shall always be one, may hold such general terms. And any one or more of the justices may hold special terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county. 7. The Judges of the Court of Appeals and justices of the Supreme Court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office. 8. They shall not hold any other office or public trust All votes for either of them, for any elective office (ex cept that of Justice of the Supreme Court, or judge of the court of appeals), given by the Legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any male citi zen of the age of twenty-one years, of good moral char- CONSTITUTION OF NEW YORK. 73 acter, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this State. 9. The classification of the Justices of the Supreme Court ; the times and place of holding the terms of the court of appeals, and of the general and special terms of the Supreme Court within the several districts, and the circuit courts and courts of oyer and terminer within the several counties, shall be provided for by law. 10. The testimony in equity cases shall Le taken in like manner as in cases at law. 11. Justices of the Supreme Court and judges of the Court of Appeals, may be removed by concurrent reso lution of both houses of the Legislature, if two-thirds of all the members elected to the Assembly, and a majority of all the members elected to the Senate, concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace, and judges and justices of inferior courts not of record may be removed by the Senate, on the recommendation of the Governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of, shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defence. On the question of removal, the ayes and noes shall be en tered on the journals. 12. The judge of the Court of Appeals shall be elected by the electors of the State, and the justices of the Su preme Court by the electors of the several judicial dis tricts, at such times as may be prescribed by law. 13. In case the office of any judge of the Court of Appeals, or justice of the Supreme Court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appoint ment by the Governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term. 14. There shall be elected in each of the counties of this State, except the city and county of New-York, one county judge, who shall hold his office for four years. He shall hold the county court, and perform the duties 7 74 CONSTITUTION OF NEW YORK. of the office of surrogate. The county court shall have such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe; but shall have no original civil jurisdiction, except in such special cases The county judge, with two justices of the peace, to be designated according to law, may hold courts of ses sions with such criminal jurisdiction as the Legislature shall prescribe, and perform such other duties as may be required by law. The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall be neither increased nor diminished during his continuance in office. The justices of the peace, for services in courts of ses sions, shall be paid a per diem allowance out of the county treasury. In counties having a population exceeding forty thou sand, the Legislature may provide for the election of a separate officer to perform the duties of the office of surrogate. The Legislature may confer equity jurisdiction in spe cial cases upon the county judge. Inferior local courts, of civil and criminal jurisdiction, may be established by the Legislature in cities ; and such courts, except for the cities of New-York and Buf falo, shall have an uniform organization and jurisdiction in such cities. 15. The Legislature may, on application of the board of supervisors, provide for the election of local offi cers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability or a vacancy, and to exercise such other powers in special cases as may be provided by law. 16. The Legislature may reorganize the judicial dis tricts at the first session after the return of every enume ration under this constitution, in the manner provided for in the fourth section of this article, and at no other time ; and they may, at such session, increase or dimin ish the number of districts, but such increase or diminu tion shall not be more than one district at any one time. Each district shall have four justices of the Supreme CONSTITUTION OF NEW YORK. 75 Court ; but no diminution of the districts shall have the effect to remove a judge from office. 17. The electors of the several towns, shall, at their annual town meeting, and in such manner as the Legis lature may direct, elect justices of the peace, whose term of office shall be four years. In case of an elec tion to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unex- pired term. Their number and classification may be re gulated by law. Justices of the peace and judges or justices of inferior courts not of record and their clerks may be removed after due notice and an opportunity of being heard in their defence by such county, city or state courts as may be prescribed by law, for causes to be as signed in the order of removal. 18. All judicial officers of the cities and villages, and all such judicial officers as may be created therein by law, shall be elected at such times and in such manner as the Legislature may direct. 19. Clerks of the several counties of this State shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. A clerk for the Court of Appeals, to be ex-officio clerk of the Supreme Court, and to keep his office at the seat of government, shall be chosen by the electors of the State ; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the public Trea sury. 20. No judicial officer, except justices of the peace, shall receive to his own use, any fees or perquisites of office. .- 21. The Legislature may authorize the judgments, decrees and decisions of any local inferior court of re cord of original civil jurisdiction, established in a city, to be removed for review directly into the Court of Ap peals. 22. The Legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person. 23. Tribunals of conciliation may be established, 78 CONSTITUTION OF NEW YORK. with such powers and duties as may be prescribed by law, but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law. 24. The Legislature at its first session after the adop tion of this Constitution, shall provide for the appoint ment of three commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules and prac tice, pleadings, forms and proceedings of the courts cf record of this State, and to report thereon to the Legis lature, subject to their adoption and modification from time to time 25. The Legislature at its first session after the adop tion of this Constitution, shall provide for the organiza tion of the Court of Appeals, and for transferring to it the business pending in the Court for the Correction of Errors, and for the allowance of writs of error and ap peals to the Court of Appeals, from the judgments and decrees of the. present Court of Chancery and Supreme Court, and of the courts that may be organized under this Constitution. ARTICLE 7. SECTION 1. After paying the expenses of collection, superintendance and ordinary repairs, there shall be ap propriated and set apart in each fiscal year, out of the revenues of the State canals, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of one million and three hundred thousand dol lars until the first day of June, one thousand eight hun dred and fifty-five, and from that time the sum of one million and seven hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the State debt called the canal debt, as it existed at the time first aforesaid, and including three hundred thousand dollars then to be bor rowed, until the same shall be wholly paid ; and the principal and income of the said sinking fund shall be sacredly applied to that purpose. CONSTITUTION OF NEW YORK. 77 2. A-fter complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the State canals, in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when u sufficient sum shall have been appropriated and set apart, under the said first section, to pay the interest and extinguish the entire principal of the canal debt; and after that period, then the sum of one million and five hun dred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that p trt of the State debt called the General Fund Debt, including the debt for loans of the State credit to rail load companies which have failed to pay the interest there n, arid also the contingent debt on State stocks loaned to incorporated companies which have hitherto paid tho interest thereon, whenever and as far as any part thereof may become a charge on the Treasury or General Fund, until the same shall be wholly paid; and the principal and income of the said last mentioned sinking fund shall be sacredly applied to the purpose aforesaid; and if .he payment of any part of the moneys to the said sinking fund shall at any time be defeired, by reason of the priority recognized in the first section of this article, the sum so t deferred, with quarteily in terest thereon, at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said cana4 debt. 3. After paying the said expenses of superintendance and repa : rs of the canals, and the sums appropriated by the first and second sections of this Article, there shall b^ paid out of the surplus revenues of the canals, to the Treasury of the State, on or before the thirtieth day of September, in each year, for the use and benefit of the General Fund, such sum, not exceeding two hundre-j thousand dollars, as may be required to defray the ne cessary expenses of the State ; and the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the Legislature shall direct, to the completion of the Erie Canal enlargement, 78 CONSTITUTION OF NEW YORK. and the Genesee Valley and Black River canals, until the said canals shall be completed. If at any time after the period of eight years from the adoption of this Constitution, the revenues of the State, unappropriated by this article, shall not be sufficient to defray the necessary expenses of the government, with out continuing or laying a direct tax, the Legislature may, at its discretion, supply the deficiency, in whole or in part, from the surplus revenues of the canals, alter complying with the provisions of the first two sections of this article, for paying the interest and extinguishing the principal of the Canal and General Fund Debt ; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars, provided for by this section for the ex penses of the government, until the General Fund Debt shall be extinguished, or until the Erie Canal enlargement and Genesee Valley and Black River Canals shall be com pleted, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the government. 4. The claims of the State against any incorporated company to pay the interest and redeem the principal of the stock of the State loaned or advanced to such com pany, shall be fairly enforced, and not released or compromised ; and the moneys arising from such claims shall be set apart and applied as part of the sinking fund provided in the second section of this article. But the time limited for the fulfilment of any condition of any release or compromise heretofore made or provided for, may be extended by law. 5. If the sinking funds, or either of them, provided in this article, shall prove insufficient to enable the State, on the credit of such fund, to procure the means to satisfy the claims of the creditors of the State as they become payable, the Legislature shall, by equitable taxes, so increase the revenues of the said funds as to make them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals, or CONSTITUTION OF NEW YORK. 79 their debt, from any source, other than their direct re venues, shall, with quarterly interest, at the rates then c irrent, be repaid into the Treasury, for the use of the State, out of the canal revenues, as soon as itcan be done consistently with the just rights of the creditors holding the said canal debt. 6. The Legislature shall not sell, lease, or otherwise dispose of any of the canals of the State ; but they shall remain the property of the State and under its manage ment, forever. 7. The Legislature shall never sell or dispose of the salt springs belonging to this State. The lands conti guous thereto and which may be necessary and conveni ent for the use of the salt springs, may be sold by authority of law and under the direction of the com missioners of the land office, for the pin pose of investing the moneys arising therefrom in other lands alike conve nient; but by such sale and purchase the aggregate quantity of these lands shall not be diminished. 8. No moneys shall ever be paid out of the Treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appro priation by law ; nor unless such payment be made within two years next after the passage of such appro priation act; and every such law, making anew appro priation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the ob ject to which it is to be applied ; and it shall notbe sufficient for such law to refer to any other law to fix such sum. 9. The credit of the State shall not, in any manner, be given or loaned to, or in aid of any individual as sociation or corporation. 10. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time, exceed one million of dollars ; and the moneys arising from the loans cre ating suc h debts, shall be applied to the purpose for which they were obtained, or to repay the debts so con tracted, and to no other purpose whatever. 11. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, 80 CONSTITUTION OF XKVV YORK. suppress insurrection, or defend the State in war; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose what ever. 12. Except the debts specified in the tenth and eleventh sections of this article, no debt shall be here after contracted by or on behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide for the collection of a di rect annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election. On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and sh Jl be: "Shall this bill pass and ought the same to receive the sanction of the people ?" The Legislature may at any time, after the approval of such law by the people, if no debt shall have been con tracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debtor liability under such law ; but the tax im posed by such act, in proportion to the debt and liability which nny have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision herein before specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability, shall be applied to the work or object specified ia the act authorizing such debt or liabi lity, or for the repayment of such debt or liability, and for no other purpose whatever. No such law shall be submitted to be voted on, within CONSTITUTION OF NEW YORK. 81 three months after its passage, or at any general election, when any other law, or any bill, or any amendment to the Constitution, shall be submitted to be voted for or against. 13. Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object. 14. On the final passage, in either house of the Legis lature, of every act which imposes, continues, or revives si tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges, or commutes any claim or demand of the state, the question shall be taken by ayes and noes, which shall be duly entered on the journals, and three-fifths of all the members elected to either house, shall, in all such cases, be necessary to constitute a quorum therein. ARTICLE 8. SECTION 1. CorporatiDns may be formed under gen eral laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judg ment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed. 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law. 3. The term corporations as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of cor porations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons. 4. The Legislature shall have no power to pass any act granting any special charter for banking purposes ; but corporations or associa ions may be formed for such purposes under general laws. 82 CONSTITUTION OF NEW YORK. 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any person, asso ciation or corporation issuing bank notes of any descrip tion. G. The Legislature shall provide by law for the regis try of all bills or notes, issued or put in circulation as money, and shall require ample security for the redemp tion of the same in specie. 7. The stockholders in every corporation and joint- stock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, after the first day of January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any sioh corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of Ja nuary, one thousand eight hundred and fifty. 8. In case of the insolvency of any bank or banking association, the bill-holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association. 9. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations. ARTICLE 9 SECTION 1. The capital of the Common School Fund; the capital of the Literature Fund; and the capital of the United States Deposite Fund, shall be respectively preserved inviolate. The revenue of the said Common School Fund shall be applied to the support of common schools; the revenues of the said Literature Fund shall be applied to the support of academies, and the sum of twenty-five thousand dollars of the revenues of the United States Deposite Fund shall each year be appropriated to and made a part of the capital of the said Common School Fund. CONSTITUTION OF NKW YOKK. 83 ARTICLE 10. SECTION 1. Sheriffs, clerks of counties, includ n? the register and clerk of the city and county of New- York, coroners, and district attorneys, shall be chosen, by the electors of the respective counties, once in every three years and as-often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law, to renew their security, from lime to time ; and in default of giving such new secu rity, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff*. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his de fence. 2. All county officers whose election or appointment is not provided for, by this Constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authori ties, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not pro vided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people or appointed, as the Legislature may direct. 3. When the duration of any office, is not provided by this Constitution, it may be declared bylaw, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment. 4. The time of electing all officers named in this arti cle shall be prescribed by law. 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person ap pointed to fill a vacancy shall hold his office by virtue 84 CONSTITUTION OF NEW YORK. of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. 6. The political year and legislative term, shall begin on the first day of January ; and the Legislature shall every year assemble on the first Tuesday in January, unless a different, clay shall be appointed by law. 7. Provisions shall be made by law for the removal for misconduct or malversation in office of all officers (except judicial) whose powers and duties are not local orlegislative, and who shall be elected at general elections, and also for supplying vacancies created by such re moval. 8. The Legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution. ARTICLE 11. SECTION 1. The militia of this State, shall at all times hereafter, be armed and disciplined, and in readiness for service ; but all such inhabitants of this State of any re ligious denomination whatever as from scruples of con science may be averse to bearing arms, shall be excused theref.om, upon such conditions as shall be prescribed by law. 2. Militia officers shall be chosen, or appointed, as follows: captains, subalterns and non-commissioned officers shall be chosen by the written votes of the mem bers of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments and separate battalions; brigadier-generals and brigade inspectors by the field officers of their respective bri gades ; major generals, brigadier generals and command ing officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions. 3. Th? Governor shall nominate, and with the consent of the Senate, appoint all major generals, and the com missary general. The adjutant general and other chiefs of staff departments, and the aids-de-camp of the com mander in-chief shall be appointed by the Governor, and CONSTITUTION OF NEW YORK. 85 their commissions shall expire with the time for which the Governor shall have been elected. The commis sary general shall hold his office for two years. H Q shall give security for the faithful execution of the duties of his office, in such manner and amount as shall be prescribed by law. 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor. 5. The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, staling the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. Tho present officers of the miliiia shall hold their commissions subject to removal, as before provided. 6. In case the mode of election and appointment of militia officers hereby directed, shall not be found con ducive to the improvement of the militia, the Legislature may abolish the same, and provide by law for their ap pointment and removal, if two -thirds of the members present in each house shall concur therein. ARTICLE 12. SECTION 1. Members of the Legislature and all offi cers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United State*, and the Constitution of the State of New-York ; and that I will faithfully discharge the dut es of the office of according to the best of my ability." And no other oath, declaration, or test shall be required as a qualification for any office or public trust. 8 &6 CONSTITUTION OF NEW YORK. ARTICLE 13. SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assem- bly ; and if the same shall he agreed to hy a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yea* and nays taken thereon, and referred to the Legislature, to be chosen at the next ge neral election of Senators, and shall be published for three months previous to the time of making such choice, and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments, shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Le gislature shall prescribe; and if the people shall approve and ralifv such amendment or amendments, by a majo rity of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amend ments shall become part of the Constitution. 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each twentieth year thereafter, and also at such time as the Legislature may by law provide, the question, " Shall there be a Convention to revise the Constitution, and amend the same ?" j-hall be decided by the electors qualified to vote for members of the Legislature ; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Convention for such purpose, the Legislature at its next session, shall provide by law for the election of delegates to such Convention. ARTICLE 14. SECTION 1. The first election of Senators and mem bers of Assembly, pursuant to the provisions of this Con stitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven. CONSTITUTION OF NEW YORK. 87 The Senators and members of Assembly who may be in office on the first day of January, one thousand eight hundred and forty-seven, sruill hold their offices until and including the thiny-first day of December following, and no longer. 2. The first election of Governor and Lieutenant- Governor under this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-eight; and the Go vernor and Lieutenant-Governor in office when this Con- stilinion shal! take effect, shall hold their respective offices until and including the thirty-first day of December of that year. 3. The Secretary of State, Comptroller, Treasurer, Attorney-General, District- Attorney, Surveyor-General, Canal Commissioners, and inspectors of State prisons, in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty- first day of December, one thousand eight hundred and forty-seven, and no longer. 4. The first election of judges and clerk of the Court of Appeals, justices of the Supreme Court, and county judges, shall take place at such time between the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be pre scribed by law. The said courts shall respectively enter upon their duties, on the first Monday of July, next thereafter; but the term of office of said judges, clerk and justices as declared by this Constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight. 5. On the first Monday of July, one thousand eight hundred and forty-seven, jurisdiction of all suits and proceedings then pending in the present Supreme Court and Court of Chancery, and all suits and proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New- York), shall become vested in the Supreme Court hereby established. Proceedings pending in courts of common pleas and in suits originally commenced in justices courts shall be transferred to the county courts provided for in 88 CONSTITUTION OF .NEW YORK. this Constitution, in such manner and form and undei eucli regulation, as shall be provided by law. The courts of over and terminer hereby established shall, in their respective counties, have jurisdiction, on and after the day last mentioned, of all indictments and pio- ceedings then pending in the present courts of oyer and terminer, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace, except in the city of New-York, and except in cases of which the courts of sessions hereby established may lawfully take cognisance; and of such indictments and proceedings the courts of sessions hereby established shall have jurisdiction on and after the day last men tioned. 6. The Chancellor and the present Supreme Court shall, respectively, have power to hear and determine any of such suits and proceedings ready on the first Monday of July, one thousand ei"ht hundred and forly- peven, forbearing or decision, anu shall, for their services therein, be entitled to their present rates of compensation until the first day of July, one thousand eight hundred and forty-eight, or until all such suits and proceedings shall be sooner heard and determined. Masters in Chancery may continue to exercise the functions of their office in the court of chancery, so long as the Chancellor shall continue to exercise the functions of his office under the provisions of this Constitution. And the Supreme Court hereby established shall also have power to hear and determime .uch of said suits and proceedings as may be prescribed by law. 7. In case any vacancy shall occur in the office of chancellor or justice of the present Supreme Court, pre viously to the first day of July, one thousand eight hun dred and forty-eight, the Governor may nominate, and by and with the advice and consent of the Senate, appoint a proper person to fill such vacancy. Any judge of the Court of Appeals or justice of the Supreme Court, elected under this Constitution, may receive and hold such ap- pointrrent. 8. The offices of Chancellor, justice of the existing Supreme Court, circuit judge, vice-chancellor, assistant CONSTITUTION OF NEW YORK. 89 vice-chancellor, judge of the existing county courtsof each county, Supreme Court commissioner, master in chan cery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven, (1847.) 9. The Chancellor, the justices of the present Supreme Court, and the circuit judges, are hereby declared to ba severally eligible to any office at the first election under this Constitution. 10. Sheriffs, clerks of counties, (including the register and clerk of the city and county of New-York) and justices or the peace, and coroners, in office, when this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected. 11. Judicial officers in office when this Constitution shall take effect may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twen tieth section of the sixth article of this Constitution. 12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate s courts of the city and county of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions ; and the judges of such courts and any clerks thereof in office on the first day of January one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Le gislature shall otherwise direct. 13. This Constitution shall be in force from and in cluding the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided. DONE, In Convention, at the Capitol, in the city of Al bany, the ninth day of October, in the year one thou sand eight hundred and foriy-six, and of the Indepen dence of the United States of \merica the seventy-first. 8* 90 CONSTITUTION OF NEW JERSEY. In witness whereof we have hereunto subscribed our names. JOHN TRACY, President, And Delegate from the County of Chenango. JAMES F. STARBUCK, ~) H. W. STRONG, I Secretaries, FR. SEGER, J STATE OF NEW-YORK, Secretary s Office. I have compared the preceding 1 with the original en grossed Constitution deposited in this office on the ninth day of October, 1846, and Do Certify, that the same is a correct transcript therefrom, and of the whole of said original. ******* Given under my hand and seal of office at *L. S.t the City of Albany, the tenth day of October, ******* in the year of our Lord one thousand eight hundred and forty-six. N. S. BENTON, Secretary of State. CONSTITUTION OF NEW JERSEY. We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and CONSTITUTION OF NEW JERSEY. 91 transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution. ARTICLE 1. Rights and Privileges. 1. All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, ac quiring, possessing, and protecting property, and of pursuing and obtaining safety and. happiness. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right, at all times to alter or reform the same, whenever the public good may require it. 3. No person shall be deprived of the inestimable privilege of worshipping Almighty GoJ in a manner agreeable to the dictates of his own conscience, nor under any pretence, whatever, be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the main- tainance of any minister or ministry, contrary to what he believes to be right, or has deliberately and voluntari ly engaged to perform. 4. There shall be no establishment of one religious sect in preference to another. No religious test shall be required as a qualification for any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles. 5. Every person may freely speak, write, and pub lish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall ap pear to the jury that the matter charged as libellous is true, and was published with good motives, and for jus- 91 CONSTITUTION OF NEW JERSEY. lifiable eiuls, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. 6. The right of the people to be secure in their per sons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the papers and things to be seized. 7. The right of trial by jury, shall remain inviolate; but the Legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men. 8. Jn all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury ; to be informed of the nature and cause of the ac cusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defence. 9. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger. 10. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or presumption great. 11. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it. 12. The military shall be in strict subordination to the civil power. 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law. 14. Treason against the State, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be con- CONSTITUTION OF NEW JERSEY. 93 victed of treason, unless on the testimony of two witness es to the same overt act, or on confession in open court. 15. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual pun ishments shall not be inflicted. 16. Private property shall not be taken for public use without just compensation ; but land may be taken for public highways as heretofore, until the Legislature shall direct compensation to be made. 17. No person shall be imprisoned for debt in any action, or on any judgment founded upon contract, unless in cases of fraud ; nor shall any person be imprisoned for a militia fine, in time of peace. 18. The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to peti tion for redress of grievances. 19. This enumeration of lights and privileges shall not be construed to impair or deny others retained by the people. ARTICLE 2, Right of Suffrage. 1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resi dent of this State one year, and of the county in which he claims his vote five months next before the election, shall be entitled to vole lor all officers that now are, or hereafter may be elective by the people ; provided, that no person in the military, naval, or marine service of the United States shall be considered a resident in this State, by bein stationed in any garrison, barrack, or military or naval place or station within this State ; and no pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness, unless pardoned or restored by law to the right of suffrage, shall enjoy the right of an elector. 2. The Legislature may pass laws to deprive persons of the right of suffrage, who sjiaji be convicted of bribery at elections. 94 CONSTITUTION OF NEW JERSEY. ARTICLE 3. Distribution of the Powers of Government. 1. The powers of the government shall be divided into three distinct departments, the Legislative, Execu tive, and Judicial ; and no person or persons belonging to, or constituting one of these departments, shall exer cise any of the powers properly belonging to either of the others, except as herein expressly provided. ARTICLE 4. Legislative. SEC. I. 1. The legislative power shall be vested in a Senate and General Assembly. 2. No person shall be a member of the Senate, who shall not have attained the age of thirty years, and have been a citizen and inhabitant of the State for four years, and of the county for which he shall be chosen one year, next before his election ; and no person shall be a mem ber of the General Assembly, who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State for two years, and of the county for which he shall be chosen one year, next before his election ; provided, that no person shall be eligible as a member of either house of the Legislature, who shall not be entitled to the right of suffrage. 3. Members of the Senate and General Assembly shall be elected yearly, and every year, on the second Tuesday of October ; and the two houses shall meet seperately on the second Tuesday in January next, after the said day of election, at which time of meeting, the legislative year shall commence ; but the time of holding such election may be altered by the Legislature. SEC. II. I. The Senate shall be composed of one senator from each county in the state, elected by the legal voters of the counties, respectively, for three years. 2. *As soon as the Senate shall meet, after the first election to be held in pursuance of this Constitution, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vaca ted at the expiration of the first year; of the second CONSTITUTION OF NEW JERSEY. 93 class, at the expiration of the second year; and of the third class, at the expiration of the third year ; so that one class may be elected every year ; and if vacancies happen, by resignation or otherwise, the persons elect ed to supply such vacancies, shall be elected for the nnexpired terms only. SEC. Ill 1. The General Assembly shall be composed of members annually elected by the legal voters of the counties, respectively, who shall be apportioned among the said counties, as nearly as may be, according to the number of their inhabitants. The present apportionment shall continue until the next census of the United States shall have been taken, and an apportionment of members of the General Assembly shall be made by the Legisla ture, at its first session after the next and every subse quent enumeration or census, and when made, shah remain unaltered until another enumeration shall have been taken; provided, that each -county shall at all times be entitled to one member; and the whole num ber of members shall never exceed sixty. SEC. IV. 1. Each house shall direct writs of election for supplying vacancies, occasioned by death, resignation, or otherwise ; but if vacancies occur during the recess of the Legislature, the writs may be issued by the Govern or, under such regulations as may be prescribed by law. 2. Each house shall be the judge of the elections, re turns, and qualifications of its own members, and a majority of each shall constitute a quorum to do busi ness; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penal ties as each house may provide. 3. Each house shall choose its own officers, deter mine the rules of its proceeding, punish its members for disorderly behaviour, and, with the concurrence of two- thirds, may expel a member. 4. Each house shall keep a journal of its proceedings, and from time to time publish the same ; and the yeas and nays of the members of either house, on any ques tion, shall, at the desire of one-fifth of those present, be entered on the journal. 96 CONSTITUTION OF NEW JERSEY. 5. Neither house, during the session of the Legisla ture, shall, without the consent of the other, adj< urn for more than three days, nor to any other place than that in which the two houses shall be sitting. 6. All bills and joint resolutions shall be read three times in each house, before the final passage thereof; and no bill or joint resoluti; n shall pass, unless there be a majority of all the members of each body personally present, and agreeing thereto ; and the yeas and nays of members voting on such final passage shall be entered on the journal. 7. Members of the Senate and General Assembly shall receive a compensation for their services, to be as certained by law, and paid out of the Treasury of the Slate ; which compensation shall not exceed the sum of three dollars per day, for the period of forty days from the commencement of the session ; and shall not exceed the sum of one dollar and fifty cents per day for the re mainder of the session. When convened in extra ses sion by the Governor, they shall receive such sum as shall be fixed for the first forty days of the ordinary session. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and re turning from their place of meeting, on the most usual route. The president of the Senate and the speaker of the House of Assembly, shall, in virtue of their offices, receive an additional compensation, equal to one third of their per diem allowance as members. 8. Members of the Senate and of the General Assem bly, shall, in all cases except treason, felony, and breach of peace, be privileged from arrest during their attend ance at the sitting of their respective houses, and in going to and returning from the same : and for any speech or debate, in either house, they shall not be questioned in any other place. SEC. V. 1. No member of the Senate or General Assembly shall, during the time for which he was elect ed, be nominated or appointed by the Governor, or by the Legislature in joint meeting, to any civil office under the authority of this State which shall have been created, or the emoluments whereof shall have been increased, during such time. CONSTITUTION OF NEWT JERSEY. 97 2. If any member of the Senate or General Assembly shall be elected to represent this State in the Senate or House of Representatives of the United States, and shall accept thereof, or shall accept of any office or appoint ment under the government of the United States, his seat in the Legislature of this State shall thereby be vacated. 3. No justice of the Supreme Court, nor judge of any other court, sheriff, justice of the peace, nor any person or persons possessed of any office of profit under the government of this State, shall be entitled to a seat either in the Senate or in the General Assembly ; but, on being elected and taking his seat, his office shall be considered vacant; and no person holding any office of profit under the government of the United States shall be entitled to a seat in either house. SEC. VI. I. All bills for raising revenue shall origi nate in the House of Assembly ; but the Senate may pro pose or concur with amendments, as on other bills. 2. No money shall be drawn from the treasury, but for appropriations made by law. 3. The credit of the State shall not be directly or in directly loaned in any case. 4. The Legislature shall not, in any manner, create any debt or debts, -liability or liabilities, of the State, which shall singly, or in the aggregate with any previous debts or liabilities, at any time exceed one hundred thou sand dollars, except for purposes of war, or to repel invasion, or to suppress insurrection, unless the same shall be authorized by a law for some single object or work, to be distinctly specified therein : which law shall provide the ways and means, exclusive of loans, to pay the interest of such debt or liability as it falls due, and also, to pay and discharge the principal of such debt or liability within thirty-five years from the time of the con tracting thereof, and shall be irrepealable until such debl or liability, and the interest thereon, are fully paid and discharged ; and no such law shall take effect until it shall, at a general election, have been submitted to the people, and have received the sanction of a majority of all the votes cast for and against it at such election ; and all money to be raised by the authority of such law shall be 9 98 CONSTITUTION OF NEW JERSEY. applied only to the specific object stated therein, and to the payment of the debt thereby created. This section shall not be construed to refer to any money that has been, or may be deposited with this State, by the govern ment of the United States. SEC. VII. 1. No divorce shall be granted by the Legislature. 2. No lottery shall be authorized by this State ; and no tickets in any lottery not authorized by a law of this State, shall be bought or sold within the State. 3. The Legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of con tracts, or depriving a party of any remedy for enforcing a contract, which existed when the contract was made. 4. To avoid improper influences which may result from intermixing in one and the same act, such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title. 5. The laws of this state shall begin in the following style : " Be it enacted by the Senate and General As sembly of the State of New Jersey." 6. The fund for the support of free schools, and all money, stock, and other property, which may hereafter be appropriated for that purpose, or received into the treasury under the provision of any law heretofore passed to augment the said fund, shall be securely invested, and remain a perpetual fund ; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of public schools, for the equal benefit of all the people of the State ; and it shall not be competent for the Legislature to borrow, appropriate, or use the said fund, or any part thereof, for any other purpose, un der any pretence whatever. 7. No private or special law shall be passed, authori zing the sale of any lands belonging in whole or in part to a minor or minors, or other persons who may at the time be under any legal disability to act for themselves. 8. The assent of three-fifths of the members elected to each house shall be requisite to the passage of every aw for granting, continuing, altering, amending, or re CONSTITUTION OF NEW JERSEY. 99 newing charters for banks, or money corporations ; and all such charters shall be limited to a term not exceeding twenty years. 9. Individuals, or private corporations shall not be authorized to take private property for public use, with out just compensation first made to the owners. 10. The Legislature may vest in the Circuit Courts, or Courts of Common Pleas, within the several counties of this State, Chancery powers, so far as relates to the foreclosure of mortgages, and sale of mortgaged premises, SKC. VIII. 1. Members of the Legislature shall, be fore they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : ** I (io solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the Stale of New Jersey, and that I will faithfully discharge the duties of .senator (or mem ber of the General Assembly, as the case may be,) ac cording to the best of my ability." And members elect, of the Senate or General Assembly, are hereby empowered to administer to each other the said oath or affirmation. ARTICLE 5. Executive. 1. The executive power shall be vested in a Governor. 2. The Governor shall be elected by the legal voters of the State. The person having the highest number of votes shall be the Governor ; but if two or more shall be equal, and highest in votes, one of them shall be chosen Governor by the votes of the majority of the members of both houses in joint meeting. Contested elections for the otfice of Governor shall be determined in such man ner as the Legislature shall direct by law, When a Governor is to be elected by the people, such election shall be held at the time when, and at the places where the people shall respectively vote for members of the Legislature. 3. The Governor shall hold his office for three years, to commence on the third Tuesday of January next en suing the election for Governor by the people, and to end 100 CONSTITUTION OF NEW JERSEV. on the Monday preceding the third Tuesday of January, three years thereafter ; and he shall be incapable of hold ing that office for three years next after his term of ser vice shall have expired ; and no appointment or nomina tion to office shall be made by the Governor during the last week of his said term. 4. The Governor shall be not less than thirty years ol age, and shall have been for twenty years, at least, a citizen of the United States, and a resident of this State seven years next before his election, unless he shall have been absent during that time, on the public business of the United States, or of this State. 5. The Governor shall, at stated times, receive for his services a compensation which shall be neither increased nor diminished during the period for which he shall have been elected. 6. He shall be thecommander-in-chief of all the military and naval forces of the State ; he shall have power to convene the Legislature, whenever, in his opinion, pub lic necessity requires it; he shall communicate, by mes sage, to the Legislature at the opening of each session, and at such other times as he may deem necessary, the condition of the State, and recommend such measures as he may deem expedient; he shall take care that the laws be faithfully executed, and grant, under the great seal of the State, commissions to all such officers as shall be re quired to be commissioned. 7. Every bill which shall have passed both houses, shall be presented to the Governor : if he approve, he shall sign it, but if not, he shall return it, with his ob jections, to the house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it ; if, after such re-considera tion, a majority of the whole number of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by whom it shall likewise be re-considered, and if approved of by a majority of the whole number of that house, it shall become a law ; but in neither house shall the vote be taken on the same day on which the bill shall be returned to it : and in all such rases the votes of both houses shall be determined by yeas CONSTITUTION OF NEW JERSEY. 101 and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall not be a law. 8. No member of Congress, or person holding an of fice under the United States, or this State, shall exercise the office of Governor ; and in case the Governor, or per son administering the government, shall accept any of fice under the United States, or this State, his office of Governor shall thereupon be vacant. 9. The Governor, or person administering the govern ment, shall have power to suspend the collection of fines and forfeitures, and to grant reprieves, to extend until the expiration of a time not exceeding ninety days after con viction ; but this power shall not extend to cases of im peachment. 10. The Governor, or person administering the government, the Chancellor, and the six judges of the Court of Errors and Appeals, or a major part of them, of whom the Governor, or person administering the gov ernment shall be one, may remit fines and forfeitures, and grant pardons after conviction, in all cases except impeachment. 11. The Governor, and all other civil officers under this State shall be liable to impeachment for misdemean or in office, during their continuance in office, and for two years thereafter. 12. In case of the death, resignation, or removal from office of the Governor, the powers, duties, and emolu ments of the office shall devolve upon the President of the Senate ; and in case of his death, resignation, or re moval, then upon the Speaker of the House of Assem bly, for the time being, until another Governor shall be elected and qualified ; but in such case, another Governor shall be chosen at the next election for members of the State Legislature, unless dealh, resignation, or removal shall occur within thirty days immediately preceding such 9* 102 CONSTITUTION OF NEW JERSEY. next election, in which case a Governor shall be chosen at the second succeeding election for members of the Legislature. When a vacancy happens, during the re cess of the Legislature, in any office which is to be filled by the Governor and Senate, or by the Legislature in joint meeting, the Governor shall fill such vacancy, and the commission shall expire at the end of the next ses sion of the Legislature, unless a successor shall be sooner appointed : when a vacancy happens in the office of clerk or surrogate of any county, the Governor shall fill such vacancy, and the commission shall expire when a suc cessor is elected and qualified. 13. In case of the impeachment of the Governor, his absence from the State, or inability to discharge the du ties of his office, the powers, duties, and emoluments of the office shall devolve upon the President of the Senate; and in case of his death, resignation, or removal, then upon the Speaker of the House of Assembly for the time being, until the Governor, absent or impeached, shall re turn or be acquitted, or until the disqualification or inabili ty shall cease, or until a new Governor be elected and qualified. 14. In case of a vacancy in the office of Governor, from any other cause than those herein enumerated, or in case of the death of the Governor elect, before he is qualified into office, the powers, duties, and emoluments of the office shall devolve upon the President of the Senate, or Speaker of the House of Assembly, as above provided lor, until anew Governor be elected and qualified. ARTICLE VI . Judiciary. SEC. I. 1. The judicial power shall be vested in a Court of Errors and Appeals, in the last resort in all causes, as heretofore ; a Court for the trial of Impeach ments ; a Court of Chancery; a Prerogative Court ; a Su preme Court ; Circuit Courts, and such inferior Courts as now exist, and as may be hereafter ordained and estab lished by law ; which inferior Courts the Legislature may alter or abolish, as the public good shall require. SEC. II. 1. The Court of Errors and Appeils shall CONSTITUTION" OF NEW JERSEY. 103 consist of the Chance lor, the justice of the Supreme Court, and six judges, or a major part of them ; which judges are to be appointed for six years. 2. Immediately after the Court shall first assemble, the six judges shall arrang; themselves in such manner that the seat of one of th^m shall be vacated every year, in order that thereafter one judge may be annually ap pointed. 3. Such of the six judges as shall attend the Court shall receive, respectively, a per diem compensation, to be provided by law. 4. The Secretary of State shall be the clerk of this Court. . When an appeal from an order or decree shall be heard, the Chancellor shall inform the Court, in writing, of the reasons for his order or decree ; but he shall not sit as a member, or have a voice in the hearing or final sentence. 6. When a writ of error shall be brought, no justice who has given a judicial opinion in the cause, in favor of or against any error complained of, shall sit as a mem ber, or have a voice on the hearing, or for its affirmance or reversal ; but the reasons for such opinion shall be assigned to the court in writing. SEC. III. 1. The House of Assembly shall have the sole power of impeaching, by a vote of a majority of all the members ; and all impeachments shall be tried by the Senate : the members, when sitting for that purpose, to be on oath or affirmation ** truly and impartially to try and determine the charge in question according to evi dence :" and no person shall be convicted without the concurrence of two-thirds of all the members of the Se nate. 2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal. 3. Judgment, in cases of impeachment shall not ex tend farther than to removal from office and to disquali fication to hold and enjoy any office of honor, profit, or trust under this State; but the party convicted shall never theless be liable to indictment, trial, and punishment, according to law. 4. The Secretary of State shall be the clerk of this Court 104 CONSTITUTION OF NEW JERSEY. SEC. IV. 1. The Court of Chancery shall consist of a Chancellor. 2. The Chancellor shall be the ordinary, or surrogate general, and judge of the Prerogative Court. 3. All persons aggrieved by any order, sentence, or decree of the Orphans Court may appeal from the same, or from any part thereof, to the Prerogative Court ; but such order, sentence, or decree shall not be removed into the Supreme Court, or Circuit Court, if the subject matter thereof be within the jurisdiction of the Orphans Court. 4. The Secretary of State shall be the register of the Prerogative Court, and shall perform the duties required of him by law in that respect. SEC. V. 1. The Supreme Court shall consist of a chief justice and four associate justices. The number of associate justices may be increased or decreased by law, but shall never be less than two. 2. The Circuit Courts shall be held in every county of this State, by one or more of the justices of the Su preme Court, or a judge appointed for that purpose ; and shall in all cases within the county, except in those of a criminal nature, have common law jurisdiction concur rent with the Supreme Court; and any final judgment of a Circuit Court may be docketed in the Supreme Court, and shall operate as a judgment obtained in the Supreme Court, from the time of such docketing. 3. Final judgments in any Circuit Court may be brought, by writ of error, into the Supreme Court, or directly into the Court of Errors and Appeals. SEC. VI. 1. There shall be no more than five judges of the inferior Court of Common Pleas in each of the counties in this State after the terms of the judges of said court now in office shall terminate. One judge for each county shall be appointed every year, and no more, ex cept to fill vacancies, which shall be for the unexpired term only. 2. The commissions for the first appointments of judges of said Court shall bear date and take effect on the first day of April next; and all subsequent commissions for judges of said Court shall bear date and take effect on the first day of April in every successive year, except CONSTITUTION OF NEW JERSEY. 105 eommiss .ins to fill vacancies, which shall bear date and take effert when issued. SEC. V I!. 1. There may be elected under this Consti tution two, and not more than five, justices of the peace in each of Hie townships of the several comities of this state, and in each of the wards, in cities that may vote in wards. When a township or ward contains two thou sand inhabitants, or less, it may have two justices ; when it contains more than two thousand inhabitants, and not more than four thousand, it may have four justices ; and when it contains more than four thousand inhabi tants, it may have five justices ; provided, that whenever any township, not voting- in wards, contains more than seven thousand inhabitants, such township may have an additional justice for each additional three thousand in habitants above four thousand. 2. The population of the townships in the several counties of the State and of the several wards shall be ascertained by the last preceding census of the United States, until the Legislature shall provide by law some other mode of ascertaining it. ARTICLE VI T. Appointing Power and Tenure of Office. SEC. I. MILITIA OFFICERS. 1. The Legislature shall provide by law for enrolling, organizing, and arming the militia. 2. Captains, subalterns, and non-commissioned officers shall be elected by the members of their respective com panies. 3. Field officers of regiments, independent battallions, and squadrons shall be elected by the commissioned offi cers of their respective regiments, battallions. or squadrons. 4. Brigadier generals shall be elected by the field offi cers of their respective brigades. 5. Major generals shall be nominated by the Govern or, and appointed by him, with the advice and consent of the Senate. 6. The Legislature shall provide by law, the time and manner of electing militia officers, and of certifying their elections to the Governor, who shall grant their commis- 8* 10$ CONSTITUTION OF NFW JERSEY. sions and determine their rank, when not determined by law : and no commissioned officer shall be removed from office but by the sentence a court martial, pursuant to law. 7. In case the electors of subalterns, captains, or field officers, should refuse or neglect to make such elections, the Governor shall have power to appoint such officers, and to fill all vacancies caused by such refusal or neglect. 8. Brigade inspectors shall be chosen by the field offi cers of their respective brigades. 9. The Governor shall appoint the adjutant general, quarter master general, and all other militia officers whose appointment is not otherwise provided for in this Constitution. 10. Major generals, brigadier generals, and command ing officers of regiments, independent battallions, and squadrons shall appoint the staff officers of their divisions, brigades, regiments, independent battallions, and squad rons, respectively. SEC. II. CIVIL OFFICERS. 1. Justices of the Su preme Court, Chancellor, and judges of the Court of Errors and Appeals, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate, The justices of the Supreme Court and Chancellor shall hold their offices for the term of seven years ; shall, at slated times, receive for their services a compensation, which shall not be diminished during the term of their appointments ; and they shall hold no other office under the government of this State, or of the United States. 2. Judges of the Courts of Common Pleas shall be ap pointed by the Senate and General Assembly, in joint meeting. They shall hold their offices for five years ; but when appointed to fill vacancies, they shall hold for the unexpired term only. 3. The State Treasurer and the keeper and inspectors of the State prison shall be appointed by the Senate and General Assembly, in joint meeting. They shall hold their offices for one year, and until their successors shall be qualified into office. 4. The Attorney General, prosecutors of the Pleas, CONSTITUTION OF NEW JERPEY. 107 clerk of the Supreme Court, clerk of the Court of Chan cery, and Secretary of State, shall be nominated by the Governor, and appointed by him, with the advice and con sent of the Senate. They shall hold their offices for five years. 5. The law reporter shall be appointed by the justices of the Supreme Court, or a majority of them ; and the chancery reporter shall be appointed by the Chancellor. They shall hold their offices for five years. 6. Clerks and surrogates of counties shall be elected by the people of their respective counties, at the annual elections for members of the General Assembly, they shall hold their offices for five years. 7. Sheriffs and coroners shall be elected annually, by the people of their respective counties, at the annual elections for members of the General Assembly. They may be re-elected until they shall have served three years, but no longer ; after which, three years must elapse before they can be again capable of serving. 8. Justices of the peace shall be elected, by ballot, at the annual meetings of the townships in the several counties of the State, and of the wards in cities that may vote in wards, in such manner, and under such regula tions as may be hereafter provided by law. They shall be commissioned for the county, and their commissions shall bear date, and take effect on the first day of May next after their election. They shall hold their offices for five years ; but when elected to fill vacancies, they shall hold for the unexpired term only ; provided, that the commission of any justice of the peace shall become vacant upon his ceasing to reside in the township in which he was elected. The first election for justices of the peace shall take place at the next annual town meet ings of the townships of the several counties of the State, and of the wards in cities that may vote in wards. 9. All other officers, whose appointments are not otherwise provided for by law, shall be nominated by the Governor, and appointed by him, with the advice arid consent of the Senate ; and shall hold their offices for the time prescribed by law. 10. All civil officers elected or appointed pursuant to 108 CONSTITUTION OF NEW JERSEY. the provisions of this Constitution shall be commissioned by the Governor. 11. The term of office of all officers elected or ap pointed pursuant to the provisions of this Constitution, except when herein otherwise directed, shall commence on the day of the date of their respective commissions ; but no commission for any office shall bear date prior to the expiration of the term of the incumbent of said office. ARTICLE VIII. General Provision. 1. The Secretary of State shall be ex-officio an audi tor of the accounts of the Treasurer, and, as such, it shall be his duty to assist the Legislature in the annual ex amination and settlement of said accounts, until otherwise provided by law. 2. The seal of the State shall be kept by the Governor, or person administering the government, and used by him officially, and shall be called the Great Seal of the State of New Jersey. 3. All grants and commissions shall be in the name and by the authority of the State of New Jersey, sealed with the great seal, signed by the Governor or person administering the government, and countersigned by the Secretary of State, and shall run thus : ** The State of New Jersey to , greeting." All writs shall be in the name of the State ; and all indictments shall con clude in the following manner, viz.: " against the peace of this State, the government and dignity of the same/ 4. This Constitution shall take effect and go into operation on the second day of September, in the year of our Lord one thousand eight hundred and forty-four. ARTICLE IX. Amendments. 1. Any specific amendment or amendments to the Constitution may be proposed in the Senate or General Assembly, and if the same shall be agreed to by a ma jority of the members elected to each of the two houses, such proposed amendment or amendments shall be enter ed on their journals, with the yeas and nays taken there- CONSTITUTION OF NEW JERSEY. 109 on, and referred to the Legislature then next to be chosen, and shall be published, for three months previous to making such choice, in at least one newspaper of each county, if any be published therein; and if in the Legis lature next chosen, as aforesaid, such proposed amend ment or amendments, or any of them, shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments, or such of them as may have been agreed to as aforesaid, by the two Legislatures to the people, in such manner and at such time, at least four months after the adjournment of the Legislature as the Legislature shall prescribe : and if the people, at a special election to be held for that purpose only, shall approve and ratify such amendment or amend ments, or any of them, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments, so approved and ratified, shall become part of the Constitution ; pro vided, that if more than one amendment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment sepa rately and distinctly; but no amendment or amendments shall be submitted to the people by the Legislature often- er than once in five years. ARTICLE X. Schedule. That no inconvenience may arise from the change in the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, that 1. The common law and statute laws now in force, not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature ; and all writs, actions, causes of action, prosecutions, contracts, claims, and rights of individuals, and of bodies corporate, and of the State, and all charters of incorporation shall continue, and all indictments which shall have been found, or which may hereafter be found, for any crime or offence 10 110 CONSTITUTION OF NEW JERSEY. committed before the adoption of this Constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this Constitution had not been adopted. 2. All officers now filling any office or appointment, shall continue in the exercise of the duties thereof, ac cording to their respective commissions or appointments, unless, by this Constitution it is otherwise directed. 3. The present Governor, Chancellor, and Ordinary or Surrogate General, and Treasurer, shall continue in office uniil successors elected or appointed under this Constitution shall be sworn into office. 4. In case of the death, resignation, or disability of the present Governor, the person who may be Vice Pre sident of Council at the time of the adoption of this con stitution shall continue in office, and administer the government, until a Governor shall have been elected and sworn or affirmed into office under this Constitu tion. 5. The present Governor, or in case of his death, or inability to act, the Vice President of Council, together with the present members of the Legislative Council and Secretary of State shall constitute a board of State can vassers, in the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for Governor, members of the House of Representatives, and electors of President and Vice President. 6. The returns of the votes for Governor, at the said next ensuing election slnilJ be transmitted to the Secre tary of State, the votes counted, and the election de clared, in the manner now provided by law in the case of the election of electors of President and Vice President. 7. The election of clerks and surrogates in those counties where the term of office of the present incum bents shall expire previous to the general election of eighteen hundred and forty-five, shall be held at the general election next ensuing the adoption of this Con- CONSTITUTION OF NEW JERSEY. 1 1 I stitution ; the result of which election shall be ascertain ed in the manner now provided by law for the election of sheriff s. 8. The elections for the year eighteen hundred and forty-four shall take place as now provided by law. 9. It shall be the duty of the Governor to fill all va cancies in office happening between the adoption of this Constitution and the first session of the Senate, and not otherwise provided for; and the commissions shall expire at the end of the first session of the Senate, or when successors shall be elected, or appointed and qualified. 10. The restriction of the pay of members of the Legislature, after forty days from the commencement of the session, shall not be applied to the first Legislature convened under this Constitution. 11. Clerks of counties shall be clerks of the inferior Courts of Common Pleas and Quarter-Sessions of the several counties, and perform the duties, and be subject to the regulations, now required of them by law, until otherwise ordained by the Legislature. 12. The Legislature shall pass all laws necessary to carry into effect the provisions of this Constitution. Done in convention at the State House, in Trenton, on the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and forty-four, and of the Independence of the United States of America the sixty- eighth. ALEXANDER WURTS, President of the Convention. WILLIAM PATTERSON, Secretary. TH. J. SAUNDERS, Assistant Secretary. CONSTITUTION OF PENNSYLVANIA. ARTICLE 1. SEC. 1. The legislative power of this commonwealth shall be vested in a general Assembly, which shall con sist in a Senate, and House of Representatives. CONSTITUTION OF PENNSYLVANIA. 2. The representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October. 3. No person shall be a representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next pre ceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a re presentative, unless he shall have been absent on the pub lic business of the United States or of this State. 4. Within three years after the first meeting of the general Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabi tants shall be made in such manner as shall be di rected by law. The number of representatives shall at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each : and shall never be less than sixty nor greater than one hundred. Each county shall have at least one representative, but no county hereafter erected shall be entitled to a separate re presentation until a sufficient number of taxable inhabi tants shall be contained within it, to entitle them to one representative, agreeably to the ratio which shall then be established. 5. The .senators shall be chosen for three years by the citizens of Philadelphia and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for representatives. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts form ed as hereinafter directed, according to the number of taxable inhabitants in each ; and shall never be less than one-fourth, nor greater than one-third, of the number of re presentatives. 7. The senators shall be chosen in districts, to be so form ed by the legislature ; but no district shall be so formed as to entitle it to elect more than two senators, unless the num ber of taxable inhabitants in any city or county shall, at CONSTITUTION OF PENNSYLVANIA. 113 any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to eluct more than four senators; when a district shall be composed of two or more counties, they shall be adjoining; neither the city of Philadelphia nor any county shall be divided in forming a district. 8. No person shall be a senator who shall not have at tained the age of twenty-five years, and have been a citi zen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the dis trict for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State; and no person elected as aforesaid shall hold said office after he shall have removed from such district. 9. The senators who may be elected at the first gene ral election after the adoption of the amendments to the Constitution, shall be divided by lot into three classes. The seats of the senators of the first class shall be vaca ted at the expiration of the first year; of the second class at the expiration of the second year ; and of the third class at the expiration of the third year; so that thereafter one-third of the whole number of senators may be chosen every year. The senators elected before the amendments to the Constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected. 10. The general Assembly shall meet on the first Tuesday of January, in every year, unless sooner con vened by the governor. 11. Each House shall choose its speaker and other officers; and the Senate shall also choose a speaker pro tern pore, when the speaker shall exercise the office of Governor. 12. Each House shall judge of the qualifications of its members. Contested elections shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent 10* F CONSTITUTION OF PENNSYLVANIA. members, in such manner and under such penalties as may be provided. 13. Each House may determine the rules of its pro ceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free State. 14. The legislature shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this commonwealth are, or hereafter may be, empowered to decree a divorce. 15. Each House shall keep a journal of its proceed ings, and publish them weekly, except such parts as may require secrecy: and the yeas and nays of the mem bers on any question shall, at the desire of any two of them, be entered on the journals. 16. The doors of each House and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret. 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. 18. The senators and representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the commonwealth. They shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same. And for any speech or debate in either House, they shall not be ques tioned in any other place. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this commonwealth which shall have been created, or the emoluments of which shall have been increased during such time ; and no member of Congress or other person holding any office, (except of attorney at law and in the militia) under the United States or this commonwealth, shall be a member of either House du ring his continuance in Congress or in office. CONSTITUTION OF PENNSYLVANIA. 1 1 5 20. When vacancies happen in either House, the speaker shall issue writs of election to fill such vacancies. 21. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills. 22. No money shall be drawn from the treasury but in consequence of appropriations made by law. 23. Every bill which shall have passed both Houses shall be presented to the Governor. If he approve, he shall sign it, but if he shall not approve, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it. If, after such recon sideration, two-thirds of that House shall agree to pass the bill, it shall be sent with the objections to the other House, by which likewise its-hall be reconsidered, and if approved by two-thirds of that House, it shall bealaw. But in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each House re spectively. If any bill shall not be returned by the Go vernor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general As sembly, by their adjournment, prevented its return, in which case it shall be a law, unless sent back within three days after their next meeting. 24. Every order, resolution or vote, to which the con currence of both Houses may be necessary (except on a question of adjournment) shall be presented to the Go vernor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two- thirds of both Houses according to the rules and limita tions prescribed in case of a bill. 25. No corporate body shall be hereafter created, re newed or extended with banking or discounting privi leges, without six months previous public notice of the intended application for the same in such manner as shall be prescribed by law. Nor shall any charter for the pur poses aforesaid, be granted for a longer period than twen ty years, and every such charter shall contain a clause re- 116 CONSTITUTION OF PENNSYLVANIA. serving to the legislature the power to alter, revoke or annul the same, whenever in their opinion it may be in jurious to the citizens of the commonwealth, in such man ner, however, that no injustice shall be done to the cor porators. No law hereafter enacted, shall create, renew, or extend the charter of more than one corporation. ARTICLE 2. SEC. 1. The supreme executive power of this com monwealth shall be vested in a Governor. 2. The Governor shall be chosen on the second Tues day of October, by the citizens of the commonwealth, at the places where they shall respectively vote for repre sentatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of govern ment, directed to the speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the legislature. The person having the highest number of votes shall be Governor. But if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the mem bers of both Houses. Contested elections shall be de termined by a committee to be selected from both Houses of the legislature, and formed and regulated in such man ner as shall be directed by law. 3. The Governor shall hold his office during three years from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years. 4. He shall be at least thirty years of age, and have been a citizen and an inhabitant of this State seven year? next before his election ; unless he shall have been ab sent on the public business of the United States, or of this State. 5. No member of Congress or person holding any of fice under the United States, or this State, shall exercise the office of Governor. 6. The Governor shall at stated times receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected. CONSTITUTION OF PENNSYLVANIA. 117 7. He shall be commander-in-chief of the Army and Navy of this commonwealth, and of the militia, except when they shall be called into the actual service of the United States. 8. He shall appoint a secretary of the commonwealth during pleasure, and he shall nominate, and by and with the advice and consent of the Senate, appoint all judicial officers of courts of record, unless otherwise provided for in this Constitution. He shall have power to fill all va cancies that may happen in such judicial offices during the recess of the Senate, by granting commissions which shall expire at the end of their next session : Provided, that in acting on executive nominations the Senate shall sit with open doors, and in confirming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays. 9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of im peachment. 10. He may require information in writing, from the officers in the executive department, on any subject re lating to the duties of their respective offices. 11. He shall, from time to time, give to the general Assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient. 12. He may, on extraordinary occasions, convene the general Assembly ; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. 13. He shall take care that the laws be faithfully exe cuted. 14. In case of the death or resignation of the Gover nor, or his removal from office, the speaker of the Senate shall exercise the office of Governor, until another Gover nor shall be duly qualified ; but in such case another Gover nor shall be chosen at the next annual election of repre sentatives, unless such death, resignation, or removal, shall occur within three calendar months immediately pre ceding such next annual election, in which case a Governor H8 CONSTITUTION OF PENNSYLVANIA. shall be chosen at the second succeeding annual election of representatives. And if the trial of a contested elec tion shall continue longer than until the third Monday of January next ensuing the election of Governor, the Go vernor of the last year, or the speaker of the Senate who may he in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be duly qualified as aforesaid. 15. The secretary of the commonwealth shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. ARTICLE 3. SEC. 1. In elections by the citizens, every white free man of the age of twenty-one years, having resided in this State one year, and in the election district where he offers to vote, ten days immediately preceding such elec tion, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter of this State, and removed therefrom and returned, and who shall have resided in the election dis trict, and paid taxes as aforesaid, shall be entitled to vote, after residing in the State six months : Provided, that white freemen, citizens of the United States, between the ages of twenty-one and twenty-two years, and having re sided in the State one year, and in the election district ten days as aforesaid, shall be entitled to vote, although they shall not have paid taxes. 2. All elections shall be by ballot, except those by per sons in their representative capacities, who shall rote viva voce. 3. Electors shall in all cases, except treason, felony, and breach of surety of the peace, be privileged from ar rest during their attendance on elections, and in going to and returning from them. CONSTITUTION OF PENNSYLVANIA. 11^ ARTICLE 4. SEC. 1. The House of Representatives shall have the sole power of impeaching. 2. All impeachments shall be tried by the Senate : when sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted, with out the concurrence of two-thirds of the members present. 3. The Governor, and all other civil officers under this commonwealth, shall be liable to impeachment for any misdemeanor in office ; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or pro fit, under this commonwealth : the party, whether con victed or acquitted, shall, nevertheless, ba liable to in dictment, trial, judgment and punishment, according to law. ARTICLE 5. SEC. 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans court, register s court, and a court of quarter sessions of the peace, for each county; in jus tices of the peace, and in such other courts as the legisla ture may, from time to time establish. 2. The judges of the supreme court, of the several courts of common pleas, and of such other courts of re cord as are or shall be established by law, shall be nomina ted by the Governor, and by and with the consent of the Senate appointed and commissioned by him. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law shall hold their offices for the term of ten years, if they shall so long behave themselves well. The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well. But fo/ any reasonable cause, which shall not be sufficient 120 CONSTITUTION OF PENNSYLVANIA. ground of impeachment, the Governor may remove any of them on the address of two-thirds of each branch of the legislature. The judges of the supreme court, and the presidents of the several courts of common pleas, shall at stated times receive for their services an adequate compensation to be fixed by law, which shall not be di minished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth. 3. Until otherwise directed by law, the courts of com mon pleas shall continue as at present established. Not more than five counties shall at any time be included in one judicial district organized for said courts. 4. The jurisdiction of the supreme court shall extend over the State ; and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, in the several counties. 5. The judges of the court of common pleas, in each county, shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, for the trial of capital and other offenders therein ; any two of said judges, the president being one, shall be a quorum ; but they shall not hold a court of oyer and terminer, or jail delivery, in any county, when the judges of the supreme court, or any of them shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, re move the indictment and proceedings, or a transcript thereof, into the supreme court. 6. The supreme court, and the several courts of com mon pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chance ry, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compotes mentis. And the legislature shall vest in the said courts such other powers to grant relief in equity, as shall be found necessary; and may, from time to time, enlarge or diminish those powers or vest them in other courts as they shall judge proper, for the due ministration of justice. CONSTITUTION OF PENNSYLVANIA. 1U 7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall com pose the court of quarter sessions of the peace, and or phans court thereof; and the register of wills, together with the said judges, or any two of them, shall compose the register s court of each county. 8. The judges of the courts of common pleas shall, within their respective counties, have like powers with the judges of the supreme court, to issue writs of certio- rari to the justices of the peace, and to cause their pro ceedings to be brought before them, and the like right and justice to be done. 9. The president of the court in each circuit within such circuit, and the judges of the court of common pleas within their respective counties, shall be justices of the peace, so far as relates to criminal matters. 10. A register s office, for the probate of wills and granting letters of administration, and an office for there- cording of deeds, shall be kept in each county. 11. The style of all process shall be " The Common wealth of Pennsylvania." All prosecutions shall be car ried on in the name and by the authority of the common wealth of Pennsylvania, and conclude, " against the peace and dignity of the same." ARTICLE 6. SEC. 1. Sheriffs and coroners shall, at the times and places of election of representatives, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the Governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified ; but no person shall be twice chosen or appointed sheriff in any term of six years. Vacancies in either of the said offices shall be filled by an appointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid. 2. The freemen of this commonwealth shall be armed, o v ganized. and disciplined for its defence, when and in such manner as mnv be directed by law. Those who 11 CONSTITUTION OP PENNSYLVANIA. conscientiously scruple to bear arms, shall not be com pelled to do so, but shall pay an equivalent for personal service. 3. Prothonotaries of the supreme court shall be ap pointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the several other courts, recorders of deeds, and registers of wills, shall at the times and places of election of representatives, be elected by the qualified electors of each county, or the districts over which the jurisdiction of said courts extends, and shall be commis- oned by the governor. They shall hold their offices lor three years, if they shall so long behave themselves well, and until their successors shall be duly qualified. The legislature shall provide by law the number of per sons in each county who shall hold said offices, and how many and which of said offices shall be held by one per son. Vacancies in any of the said offices shall be filled by appointments to be made by the Governor, to con tinue until the next general election, and until successors Shall be elected and qualified as aforesaid. 4. Prothonotaries, clerks of the peace and orphans courts, recorders of deeds, registers of wills, and sheriffs, shall keep their offices in the county town of the county in which they, respectively, shall be officers, unless when the Governor shall, for special reasons, dispense therewith, lor any term not exceeding five years after the county shall have been erected. 5. All commissions shall be in the name and by the authority of the commonwealth of Pennsylvania, and be sealed with the state seal, and signed by the Governor. 6. A state treasurer shall be elected annually, by joint vote of both branches of the legislature. 7. Justices of the peace or aldermen, shall be elected in the several wards, boroughs and townships, at the time of the election of constables by the qualified voters thereof, in such number as shall be directed by law, and shall be commissioned by the Governor for a term of five years. But no township, ward or borough, shall elect more than two justices of the peace or aldermen without the consent CONSTITUTION OF PENNSYLVANIA. 123 of a majority of the qualified electors within such town ship, ward or borough. 8. All officers whose election or appointment is nut provided for in this constitution, shall be elected or ap pointed as shall be directed by law. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this state, or any person holding or exer cising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State, to which a salary is, or fees or perquisites are, by law, annexed ; and the legislature may by law declare what state offices are incompatible. No member of the Senate or of the House of Representatives shall be appointed by the Governor to any office during the term for which he shall have been elected. 9. All officers for a term of years shall hold their offices for the terms respectively specified, only on the condition that they so long behave themselves well ; and shall be removed on conviction of misbehaviour in office or of any infamous crime. 10. Any person who shall, after the adoption of the amendments proposed by this Convention to the Consti tution, fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this State, and shall be punished otherwise in such man ner as is, or may be prescribed by law ; but the executive may remit the said offence and all its disqualifications. ARTICLE 7. SEC. 1. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the State, in such manner that the pool may be taught gratis. 2. The arts and sciences shall be promoted in one or more seminaries of learning. 124 CONSTITUTION OF PENNSYLVANIA. 3. The rights, privileges, immunities and estates of religious societies and corporate bodies, shall remain as if the Constitution of this State had not been altered or amended. 4. The legislature shall not invest any corporate body or individual with the privilege of taking private property for public use, without requiring such corporation or in dividual to make compensation to the owners of said pro perty, or give adequate security therefor, before such pro perty shall be taken. ARTICLE 8. Members of the general Assembly and all officers, ex ecutive and judicial, shall be bound by oath or affirmation to support the Constitution of this commonwealth, and to perform the duties of their respective offices with fidelity. ARTICLE 9. That the general, great and essential principles of liberty and free government may be recognized and unalterably established, we declare: 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. 2. That all power is inherent in the people, and all free governments are founded on their authority, and in stituted for their peace, safety, and happiness : For the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences ; that no man can, of right, be com pelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control n interfere with the right? of conscience ; and that no pre- CONSTITUTION OF PENNSYLVANIA. 145 ference shall ever be given, by law, to any religious establishments or modes of worship. 4. That no person who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this com monwealth. 5. That elections shall be free and equal. 6. That trial by jury shall be as heretofore, and the right thereof remain inviolate. 7. That the printing presses shall be free to every per son who undertakes to examine the proceedings of the legislature or any branch of government : and no law shall ever be made to restrain the right thereof. The free communication of thoughts -and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth there of may be given in evidence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 8. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures ; and that no warrant to search any place, or to seize any person or things, shall issue with out describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory pro cess for obtaining witnesses in his favor, and in prosecu tions by indictment or information, a speedy trial by an fin partial jury of the vicinage: that he cannot be compel led to give evidence against himself, nor can he be de prived of his life, liberty or property, unless by the judg ment of his peers or the law of the land. 115 (j CONSTITUTION OF PENNSYLVANIA. 10. That no person shall, for any indictable offence, be proceeded against criminally by information ; except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; or by leave of the court for oppression and misdemeanor in office. No person shall for the same offence be twice put in jeopardy of life or limb ; nor shall any man s pro perty be taken, or applied to public use, without the consent of his representatives, and without just compensation be ing made. 11. That all courts shall be open, and every man for an injury done him in his lands, goods, person or repu tation, shall have remedy by the due course of law, and right and justice administered without sale, denial or de lay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may, by law, direct. 12. That no power of suspending laws shall be exer cised, unless by the legislature, or its authority. 13. That excessive bail shall not be required, nor ex cessive fines imposed, nor cruel punishments inflicted. 14. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great: and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 15. That no commission of oyer and terminer or jail delivery shall be issued. 16. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law. 17. That no ex post facto law, nor any law impairing contracts, shall be made. 18. That no person shall be attainted of treason or felo ny by the legislature. 19. That no attainder shall work corruption of blood ; nor, except during the life of the offender, forfeiture of estate to the common wealth : that the estates of such per sons as shall destroy their own lives, shall descend or CONSTITUTION OF PENNSYLVANIA. 127 vest as in case of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 20. That the citizens have a right, in a peaceful man ner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, redress, or remonstrance. 21. That the right of the citizens to bear arms, in de fence of themselves and the State, shall not be questioned. 22. That no standing army shall, in time of peace, be kept up, without the consent of the legislature; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. 23. That no soldier shall, in time of peace, be quarter ed in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 24. That the legislature shall not grant any title of no bility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than du ring good behaviour. 25. That emigration from the State shall not be pro hibited. 26. To guard against transgressions of the high pow ers which we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate. ARTICLK 10. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by a majority of the members elected to each house, such proposed amend ment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the commonwealth shall cause the same to be publish ed three months before the next election, in at least one newspaper in every county in which a newspaper shall be published ; and if in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to 128 CONSTITUTION OF VIRGINIA. each House, the secretary of the commonwealth shall cause the game again to be published in manner aforesaid, 2-nd such proposed amendment or amendments shall be submitted to the people fa such manner and at such time, at least three months after being so agreed to by the two Houses, as the legislature shall prescribe; and if the peo ple shall approve and ratify such amendment or amend ments by a majority of the qualified voters of this State voting thereon, such amendment or amendments shall become a part of the Constitution, but no amendment or amendments shall be submitted to the people oftener than once in five years : Provided, that if more than one amendment be submitted, they shall be submitted in such manner and form, that the people may vote for or against each amendment separately and distinctly. CONSTITUTION OF VIRGINIA. BILL OF RIGHTS. A Declaration of Rights made by the Representatives of the good People of VIRGINIA, assembled in full and free Convention ; which rights do pertain to them, and their Posterity, as the ba sis and foundation of Government. Unanimously adopted, June 12th, 1776. 1. That all men are by nature equally free and inde pendent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining hap piness and safety. 2. That all power is vested in, and consequently de rived from, the people ; that magistrates are their trustees and servants, and at all times amenable to them. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the peo ple, nation, or community : of all the various modes and CONSTITUTION OF VIRGINIA. 129 forms of government, that is best, which is capable of pro ducing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladminis tration ; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and inde feasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. 4. That no man, or set of men, are entitled to exclu sive or separate emoluments or privileges from the com munity, but in consideration of public services ; which not being descendible, neither ought the offices of ma gistrate, legislator, or judge to be hereditary. 5. That the legislative and executive powers of the State should be separate and distinct from the judiciary ; and that the members of the two first may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct. 6. That elections of members to serve as representa tives of the people, in Assembly, ought to be free ; and that all men having sufficient evidence of permanent com mon interest with, and attachment to, the community, hate the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own con sent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner as sented, for the public good. 7. That all power of suspending laws, or the execu tion of laws, by any authority, without consent of the re presentatives of the people, is injurious to their rights, and ought not to be exercised. 8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accu sation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whoso unani- 10* 130 CONSTITUTION OF VIRGINIA. mous consent he cannot be found guilty; nor canhe be com. pelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land, or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punish ments inflicted. 10. That general warrants, whereby an officer or mes senger may be commanded to search suspected places without evidence of a fact committed, or to seize any per son or persons not named, or whose offence is not par ticularly described and supported by evidence, are griev ous and oppressive, and ought not to be granted. 11. That, in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. 1 3. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a fres State ; that standing armies, in time of peace, should be avoided, as dangerous to liberty ; and that, in all cases, the military should be under strict subor dination to, and governed by, the civil power. 14. That the people have a right to uniform govern ment ; and, therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. 15. That no free government, or the blessings of liber ty, can be preserved to any people, but by a firm adhe rence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental princi ples. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and therefore all men are equally entitled to the free ex ercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other. CONSTITUTION OF VIRGINIA. 131 AN AMENDED CONSTITUTION, OR FORM OF GOVERNMENT FOR VIRGINIA. ADOPTED JANUARY 14TII, 1830. ARTICLE 1. The Declaration of Rights made on the 12th June, 1776, by the representatives of the good people of Virginia, assembled in full and free convention, which pertained to them and their posterity, as the basis and foundation of government; requiring in the opinion of this Convention no amendment, shall be prefixed to this Constitution, and have the same relation thereto as it had to the former Constitution of this commonwealth. ARTICLE 2. The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others ; nor shall any person exercise the powers of more than one of them at the same time, except that the justices of the county courts shall be eligible to either House of Assembly. ARTICLE 3. 1. The legislature shall be formed of two distinct branches, which together shall be a complete legislature, and shall be called the general Assembly of Virginia. 2. One of these shall be called the House of Delegates, and shall consist of one hundred and thirty-four members, to be chosen, annually, for and by the several counties, cities, towns, and boroughs, of the commonwealth; whereof thirty-one delegates shall be chosen for and by the twenty-six counties lying west of the Alleghany mountains : twenty-five, for and by the fourteen coun ties lying between the Alleghany and Blue Ridge of mountains ; forty-two, for and by the twenty-nine counties lying east of the Blue Ridge of mountains and above tide water, and thirty-six, for and by the counties, cities, towns, and boroughs lying upon tide-water, that is to say : Of the twenty-six counties lying west of the Alleghany, 132 CONSTITUTION OF VIRCIXIA. the counties of Harrison, Montgomery, Monongalia, Ohio, and Washington, shall each elect two delegates ; and the counties of Brooke, Cabell, Grayson, Greenbrier, Giles, Kanawha, Lee, Lewis, Logan, Mason, Monroe, Nicho las, Pocahontas, Preston, Randolph, Russell, Scott, Taze- well, Tyler, Wood, and Wythe, shall each elect one delegate. Of the fourteen counties lying between the Alleghany and Blue Ridge, the counties of Frederick and Shenandoah, shall each elect three delegates; the counties of Augusta, Berkely, Botetourt, Hampshire, Jefferson, Rockingham, and Rockbridge, shall each elect two dele gates ; and the counties of Alleghany, Bath, Hardy, Mor gan, and Pendleton, shall each elect one delegate. Of the twenty-nine counties lying east of the Blue Ridge and above tide-water, the county of Loudoun shall elect three delegates ; the counties of Albemarle, Bedford, Brunswick, Buckingham, Campbell, Culpepper, Fauquier, Franklin, Halifax, Mecklenburg, and Pittsylvania, shall each elect twc delegates ; and the counties of Amelia, Arab erst, Charlotte, Cumberland, Dinwiddie, Fluvanna, Goochland, Henry, Louisa, Lunenburg, Madison, Nelson, Nottoway, Orange, Patrick, Powhatan, and Prince Edward, shall each elect one delegate. And of the counties, cities, towns, and boroughs lying on tide-water, the counties of Accomack and Norfolk, shall each elect two delegates ; the counties of Caroline, Chesterfield, Essex, Fairfax, Greenesville, Gloucester, Hanover, Henrico, Isle of Wight, King and Queen, King William, King George, Nansemond, North umberland, Northampton, Princess Anne, Prince George, Prince William, Southampton, Spottsylvania, Stafford, Sussex, Surry, and Westmoreland, and the city of Rich mond, the borough of Norfolk, and the town of Peters burg, shall each elect one delegate ; the counties of Lancaster and Richmond shall together elect one dele gate ; the counties of Matthews and Middlesex shall to gether elect one delegate ; the counties of Elizabeth City and Warwick shall together elect one delegate ; the coun ties of James City and York, and the city of Williams burg, shall together elect one delegate ; and the counties of New Kent and Charles City shall together elect one delegate. CONSTITUTION OF VIRGINIA. 133 3. The other house of the general Assembly shall he called the Senate, and shall consist of thirty-two mem bers, of whom thirteen shall be chosen for and by the counties lying west of the Blue Ridge of mountains, and nineteen for aid by the counties, cities, towns, and bo roughs lying east thereof; and for the election of whom, the counties, cites, towns, and boroughs shall be divided into thirty-two districts, as hereinafter provided. Each county of the respective districts, at the time of the first election of its delegate or delegates under this Constitu tion, shall vote for one senator; and the sheriffs or other officers holding the election for each county, city, town, or borough, within five days at farthest after the last county, city, town, or borough election in the district, shall meet at some convenient place, and from the polls so taken in their respective counties, cities, towns, or bo roughs, return as a senator the person who shall have the greatest number of votes in the whole district. To keep up this assembly by rotation, the districts shall be equal ly divided into four classes, and numbered by lot. At the end of one year after the first general election, the eight members elected by the first division shall be dis placed, and the vacancies thereby occasioned, supplied from such class or division by new election in the man ner aforesaid. This rotation shall be applied to each di vision according to its number, and continued in due or der annually. And for the election of senators, the counties of Brooke, Ohio, and Tyler, shall form one dis trict: the counties of Monongalia, Preston, and Randolph, shall form another district; the counties of Harrison, Lewis, and Wood, shall form another district : the coun ties of Kanawha, Mason, Cabell, Logan, and Nicholas shall form another district: the counties of Greenbrier, Monroe, Giles, and Montgomery, shall form another district: the counties of Tazewell, Wythe, and Grayson, shall form another district: the counties of Washington, Russell, Scott, and Lee, shall form another district ; the counties of Berkeley, Morgan, and Hampshire, shall form another district : the counties of Frederick and Jef ferson shall form another district ; the counties of She- 12 13-4 CONSTITUTION OF VIRGINIA. nandoah and Hardy shall form another district: the coun ties of Rockingham and Pendleton shall form another district: the counties of Augusta and Roclbridge shall form another district: the counties of Allfghany, Bath, Pocahontas, and Botetourt, shall form another district: the counties of Loudoun and Fairfax shall form another district: the counties of Fauquier and Prince William shall form another district : the counties of Stafford, King George, Westmoreland, Richmond, Lancaster, and North umberland, shall form another district: the counties of Culpeper, Madison, and Orange, shall form another dis trict: the counties of Albemarle, Nelson, and Amherst, shall form another district : the counties of Fluvanna, Goochland, Louisa, and Hanover, stall form another dis trict: the counties of Spottsylvania, Caroline, and Essex, shall form another district : the Bounties of King and Queen, King William, Gloucester, Matthews, and Mid dlesex, shall form another distric* : the counties of Acco- mack, Northampton, Elizabeth City, York, and War wick, and the city of Willismsburg, shall form ano ther district: the counties of Charles City, James City, New Kent, and Henrico, and the city of Richmond, shall form another district : the counties of Bedford and Frank lin shall form another district : the counties of Bucking ham, Campbell, and Cumberland, shall form another district: the counties of Patrick, Henry, and Pittsylva- nia, shall form another district : the counties of Halifax, and Mecklenburg shall form another district : the coun ties of Charlotte, Lunenburg, Nottoway, and Prince Ed ward, shall form another district : the counties of Amelia, Powhattan, and Chesterfield, and the town of Petersburg, shall form another district: the counties of Brunswick, Dinwiddie, and Greenesville, shall form another district: the counties of the Isle of Wight, Prince George, South ampton, Surry, and Sussex, shall form another district: and the counties of Norfolk, Nansemond, and Princess Anne, and the borough of Norfolk, shall form another district. 4. It shall be the duty of the legislature, to re-apportion, once in ten years, to wit: in the year 1841, and every ten years thereafter, the representation of the counties, cities, towns, and boroughs, of this commonwealth, iu CONSTITUTION OF VIRGINIA. 133 both of the legislative bodies : Provided, however, that the number of delegates from the aforesaid great districts, and the number of senators from the aforesaid two great divisions, respectively, shall neither be increased nor di minished by such re-apportionment. And when a new county shall hereafter be created, or any city, town, or borough, not now entitled to separate representation in the House of Delegates, shall have so increased in popu lation as to be entitled, in the opinion of the general As sembly, to such representation, it shall be the duty of the general Assembly to make provision by law for securing to the people of such new county, or such city, town, or borough, an adequate representation. And if the object cannot otherwise be effected, it shall be competent to the general Assembly to re-apportion the whole representa tion of the great district containing such new county, or such city, town, or borough, within its limits ; which re- apportionment shall continue in force till the next regular decennial re-apportionment. 5. The general Assembly, after the year 1841, and at intervals thereafter of not less than ten years, shall have authority, two-thirds of each House concurring, to make re-apportionments of delegates and senators, throughout the commonwealth, so that the number of delegates shall not at any time exceed 150, nor of senators 36. 6. The whole number of members to which the State may at any time be entitled in the House of Representa tives of the United States, shall be apportioned as nearly as may be, amongst the several counties, cities, bo roughs, and towns of the State, according to their respec tive numbers, which shall be determined by adding to the whole number of persons, including those bound to ser vice for a term of years, and excluding Indians not taxed, three-fifths of all other persons. 7. Any person may be elected a senator who shall have attained to the age of thirty years, and shall be actually a resident and freeholder within the district, qualified by virtue of his freehold to vote for members of the general Assembly according to this Constitution. And any per son may be elected a member of the House of Delegates, who shall have attained the age of twenty-five years, and 135 CONSTITUTION OF VIRGINIA. shall be actually a resident and freeholder within the county, city, town, borough, or election district, qualified by virtue of his freehold to vote for members of the gene ral Assembly according to this Constitution : Provided, that all persons holding lucrative offices, and ministers of the gospel, and priests of every denomination, shall be inca pable of being elected members of either House of As sembly. 8. The members of the Assembly shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury : but no law increas ing the compensation of the members shall take effect un til the end of the next annual session after such law shall have been enacted. And no senator or delegate shall, during the term for which he shall have been elected, be appointed to any civil office of profit under the common wealth, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people. 9. The general Assembly shall meet once or oftener every year. Neither House, during the session of the legislature, shall, without the consent of the other, ad journ for more than three days, nor to any other place than that in which the two Houses shall be sitting. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorized to compel the at tendance of absent members, in such manner and under such penalties as each House may provide. And each House shall choose its own speaker, appoint its own officers, settle its own rules of proceeding, and di rect writs of election for supplying intermediate vacancies. But if vacancies shall occur by death or resignation, du ring the recess of the general Assembly, such writs may be issued by the Governor, under such regulations as may be prescribed by law. Each House shall judge of the election, qualification, and returns of its members ; may punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence. CONSTITUTION OF VIRGINIA. 137 10. All laws shall originate in the House of Delegates, to be approved or rejected by the Senate, or to be amended with the consent of the House of Delegates. 11. The privilege of the writ of habeas corpus shall not in any case be suspended. The legislature shall not pass any bill of attainder ; or any ex post facto law ; or any law impairing the obligation of contracts ; or any law whereby private property shall be taken for public uses, without just compensation : or any law abridging the freedom of speech or of the press. No man shall ba compelled to frequent or support any religious worship, place, or ministry whatsoever; nor shall any man be en forced, restrained, molested, or burthened in his body or goods, or otherwise suffer, on account of his religious opinions or belief; but all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and the same shall in no wise affect, diminish or enlarge their civil capacities.. And the legislature shall not prescribe any religious test whatever ; nor confer any peculiar privileges or advantages on any one sect or de nomination ; nor pass any law requiring or authorizing any religious society, or the people of any district within this commonwealth, to levy on themselves or others any tax for the erection or repair of any house for public wor ship, or for the support of any church or ministry ; but it shall be left free to every person to select his religious instructor, and make for his support such private contract as he shall please. 12. The legislature may provide by law that no per son shall be capable of holding or being elected to any post of profit, trust, or emolument, civil or military, le gislative, executive, or judicial, under the government of this commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be a second to either party, or shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such challenge or acceptance ; but no person shall be so disqualified by reason of his ha ving heretofore fought such duel, or senior accepted such Challenge, or been a second in such duel, or bearer of such challenge or acceptance. 1-2* 138 CONSTITUTION OF VIRGINIA. 13. The Governor, the judges of the court of appeals and superior courts, and all others offending against the State, either by maladministration, corruption, neglect ol duty, or any other high crime or misdemeanor, shall be impeachable by the House of Delegates ; such impeach ment to be prosecuted before the Senate, which shall have the sole power to try all impeachments. When sitting for that purpose, the Senate shall be on oath or affirma tion : and no person shall be convicted without the con currence of two-thirds of the members present. Judg ment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the commonwealth ; but the party convicted shall neverthe less be liable and subject to indictment, trial, judgment, and punishment according to law. 14. Every white male citizen of the commonwealth, resident therein, aged twenty-one years and upwards, be ing qualified to exercise the right of suffrage according to the former Constitution and laws ; and every such citizen, being possessed, or whose tenant for years, at will or at sufferance, is possessed, of an estate or freehold in land of the value of twenty-five dollars, and so assessed to be if any assessment thereof be required by law ; and every such citizen, being possessed as tenant in common, joint tenant or partner, of an interest in or share of land, and having an estate of freehold therein, such interest or share being of the value of twenty-five dollars, and so as sessed to be if any assessment thereof be required bylaw; and every such citizen being entitled to a reversion or vested remainder in fee, expectant on an estate for life or lives, in land of the value of fifty dollars, and so assessed to be if any assessment thereof be required by law ; (each and every such citizen, unless his title shall have come to him by descent, devise, marriage, or marriage settlement, having been so possessed or entitled for six months ;) and every such citizen, who shall own and be himself in actual occupation of a lease-hold estate, with the evidence of title recorded two months before he shall offer to vote, of a term originally not less than five years, of the annu al value or rent of twenty dollars ; and every such citi- CONSTITUTION OF VIRGINIA.. 130 zen, who for twelve months next preceding has been a housekeeper and head of a family within the county, city, town, borough, or election district where he may offer to vote, and shall have been assessed with a part of the re venue of the commonwealth within the preceding year, arid actually paid the same and no other persons shall be q-ualined to vote for members of the general Assembly, in the county, city, town, or borough, respectively, wherein such land shall lie, or such housekeeper and head of a family shall live. And in case of two or more ten ants in common, joint tenants, or parceners, in posses sion, reversion, or remainder, having interest in land, the value whereof shall be insufficient to entitle them all to vote, they shall together have as many votes as the value of the land shall entitle them to ; and the legislature shall by law provide the mode in which their vote or votes shall in such case be given : Provided, nevertheless, that the right of suffrage shall not be exercised by any person of unsound mind, or who shall be a pauper, or a non-com missioned officer, soldier, seaman, or marine, in the ser vice of the United States, or by any person convicted of any infamous offence. 15. In all elections in this commonwealth to any office or place of trust, honor, or profit, the votes shall be given openly, or viva voce, and not by ballot. ARTICLE 4. 1. The chief executive power of this commonwealth shall be vested in a Governor, to be elected by the joint vote of the two Houses of the general Assembly. He shall hold his office during the term of three years, f ,o commence on the first day of January next succeeding his election, or on such other day as may from time to time be prescribed by law ; and he shall be ineligible to that office for three years next after his term of service shall have expired. 2. No person shall be eligible to the office of Gover nor, unless he shall have attained the age of thirty years, shall be a native citizen of the United States, or shall have been a citizen thereof at the adoption of the federal 140 CONSTITUTION OF VIRGINIA. Constitution, and shall have been a citizen of this com mon wealth for five years next preceding his election. 3. The" Governor shall receive for his services a com pensation to be fixed by la\v, which shall be neither in creased nor diminished during his continuance in office. 4. He shall take care that the laws be faithfully execu ted, shall communicate to the legislature, at every session, the condition of the commonwealth, and recommend to their consideration such measures as he may deem expe dient. He shall be commander-in-chief of the land and naval forces of the State. He shall have power to em body the militia, when, in his opinion, the public safety shall require it ; to convene the legislature, on application of a majority of the members of the House of Delegates, or when, in his opinion, the interest of the common wealth may require it; to grant reprieves and pardons, except where the prosecution shall have been carried on by the House of Delegates, or the law shall otherwise particularly direct: to conduct, either in person or in such manner as shall be prescribed by law, all intercourse with other and foreign states ; and during the recess of the legislature, to fill, pro tempore, all vacancies in those offices, which it may be the duty of the legislature to fill permanently : Pro vided, that his appointments to such vacancies shall be by commissions to expire at the end of the next succeed ing session of the general Assembly. 5. There shall be a Council of State, to consist of three members, any one or more of whom may act. They shall be elected by joint vote of both Houses of the gene ral Assembly, and remain in office three years. But of those first elected, one, to be designated by lot, shall re main in office one year only, and one other, to be desig nated in like manner, shall remain in office for two years only. Vacancies occurring by expiration of the term of service, or otherwise, shall be supplied by elections made in like manner. The Governor shall, before he exer cises any discretionary power conferred on him by the Constitution and laws, require the advice of the Council of State, which advice shall be registered in books kept for that purpose, signed by the members present and con senting thereto, and laid before the general Assembly CONSTITUTION OF VIRGINIA. HI \vheii called for by them. The council shall appoint their own clerk, who shall take an oath to keep secret such matters as he shall be ordered by the board to conceal. The senior counsellor shall be Lieutenant-Governor, and in case of the death, resignation, inability, or absence of the Governor from the seat of government, shall act as Governor. 6. The manner of appointing militia officers shall be provided for by law ; but no officer below the rank of a brigadier-general shall be appointed by the general As sembly. 7. Commissions and grants shall run in the name of the commonwealth of Virginia, and bear teste by the Go vernor, with the seal of the commonwealth annexed. ARTICLE 5. 1. The judicial power, shall be vested in a supreme court of appeals, in such superior courts as the legislature may from time to time ordain and establish, and the judges thereof, in the county courts, and in justices of the peace. The legislature may also vest such jurisdic tion as shall be deemed necessary in corporation courts ; and in the magistrates who may belong to the corporate body. The jurisdiction of these tribunals, and of the judges thereof, shall be regulated by law. The judges of the supreme court of appeals and of the superior courts, shall hold their offices during good behavior, or until removed in the manner prescribed in this Constitu tion ; and shall, at the same time, hold no other office, appointment, or public trust ; and the acceptance thereof by either of them shall vacate his judicial office. 2. No law abolishing any court shall be construed to deprive a judge thereof of his office, unless two-thirds of the members of each House present concur in the passiiV thereof; but the legislature may assign other judicial i*~ ties to the judges of courts abolished by any law ena^d by less than two-thirds of the members of each present. 3. The present judges of the supreme court of a of the general court, and of the supreme courts of hance- 142 CONSTITUTION OF VIRGINIA. ry, shall remain in office until the termination of the ses sion of the first legislature elected under this Constitution, and no longer. 4. The judges of the supreme court of appeals and of the superior courts shall be elected by the joint vote of both Houses of the general Assembly. 5. The judges of the supreme court of appeals and of the superior courts shall receive fixed and adequate sala ries, which shall not be diminished during their continu ance in office. 6. Judges may be removed from office by a concurrent vote of both Houses of the general Assembly ; but two- thirds of the members present must concur in such vote, and the cause of removal shall be entered on the journals of each. The judge against whom the legislature may be about to proceed, shall receive notice thereof, accompa nied with a copy of the causes alleged for his removal, at least twenty days before the day on which either House of the general Assembly shall act thereupon. 7. On the creation of any new county, justices of the peace shall be appointed, in the first instance, in such manner as may be prescribed by law. When vacancies shall occur in any county, or it shall, for any cause, be deemed necessary to increase the number, appointments shall be made by the Governor, on the recommendation of the respective county courts. 8. The attorney-general shall be appointed by joint vote of the two Houses of the general Assembly, and commissioned by the Governor, and shall hold his office during the pleasure of the general Assembly. The clerks of the several courts, when vacancies shall occur, shall be appointed by their respective courts, and the tenure of office, as well of those now in office as of those who may be hereafter appointed, shall be prescribed by law ^he sheriffs and coroners shall be nominated by the re- s jpctive county courts, and when approved by the Go- ve -ior, shall be commissioned by him. The judges shall ^PPint constables. And all fees of the aforesaid officers, shaliV) e regulated by law. 9 - Vrits shall run in the name of the commonwealth of Virj m a> anc i b ear t es te by the clerks of the several CONSTITUTION OF SOUTH CAROLINA. 143 courts. Indictments shall conclude, against the peace and dignity of the commonwealth. ARTICLE 6. A treasurer shall be appointed annually by joint vote of both Houses. ARTICLE 7. The executive department of the government shall re main as at present organized, and the Governor and privy counsellors shall continue in office, until a Governor, elected under this Constitution, shall come into office : and all other persons in office when this Constitution shall be adopted, except as is herein otherwise expressly directed, shall continue in office, till successors shall be appointed, or the law shall otherwise provide; and all the courts of jus tice now existing shall continue with their present juris diction, until and except so far as the judicial system may or shall be hereafter otherwise organized by the legislature. Done in convention, in the city of Richmond, on the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty, and in the fifty- fourth year of the independence of the United States of America. PHILIP P. BARBOUR, President of the Convention. D. BRIGGS, Secretary of the Convention. CONSTITUTION OF SOUTH CAROLINA. ARTICLE 1. SEC. 1. The legislative authority of this state shall be vest ed in a general assembly, which shall consist of a Senate and House of Representatives. 2. The House of Representatives shall be composed of members chosen by ballot, every second year, by the citizens of this State, qualified as in this Constitution is provided. 1-44 CONSTITUTION OF SOUTH CAROLINA. 3. The several election districts in this State shall elect the following number of representatives, viz.: Charleston, including St. Philip and St. Michael, fifteen members; Christ Church, three members; St. John, Berkely, three members ; St. Andrew, three members ; St. George, Dorchester, three members ; St. James, Goose Creek, three members ; St. Thomas and St. Den nis, three members ; St. Paul, three members ; St. Bar tholomew, three members ; St. James, Santee, three members ; St. John, Colleton, three members ; St. Ste phen, three members ; St. Helena, three members ; St. Luke, three members ; Prince William, three members ; St. Peter, three members; All Saints, (including its ancient boundaries,) one member . Winyaw, (not including any part of All Saints,) three members ; Kingston, (not inclu ding any part of All Saints,) two members ; William sburgh, two members ; Liberty, two members ; Marlborough, two members ; Chesterfield, two members ; Darlington, two members ; York, three members ; Chester, two members; Fairfield, two members; Richland, two mem bers ; Lancaster, two members ; Kershaw, two members; Claremont, two members ; Clarendon, two members ; Abbeville, three members ; Edgefield, three members ; Newberry, (including the fork between Broad and Salu- da rivers,) three members ; Laurens, three members ; Union, two members ; Spartan, two members ; Green ville, two members ; Pendleton, three members ; St. Matthew, two members ; Orange, two members ; Win- ton, (including the district between Savannah river, and the north fork of Edisto, three members ; Saxe Gotha, three members. 4. Every free white man, of the age of twenty-one years, being a citizen of this State, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed, at least six months before such election, or, not having such freehold or town lot, hath been a resident in the election district, in which he offers to give his vote, six months CONSTITUTION OF SOUTH CAROLINA. 145 before the said election, and hath paid a tax the preceding year of three shillings sterling towards the support of this government, shall have a right to vote for a member or members, to serve in either branch of the legislature, for the election district in which he holds such property, or is so resident. 5. The returning officer, or any other person present, entitled to vote, may require any person who shall offer his vote at an election, to produce a certificate of his citi zenship, and a receipt from the tax collector of his having paid a tax, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote agreeably to this Con stitution. 6. No person shall be eligible to a seat in the Ho-use of Representatives, unless he is a free white man, of the age of twenty-one years, and hath been a citizen and resident in this State three years previous to his election. If a resident in the election district, he shall not be eli gible to a seat in the House of Representatives, unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres "of land, and ten negroes ; or of a real estate, of the value of one hun dred and fifty pounds sterling, clear of debt. If a non resident, he shall be legally seized and possessed of a settled freehold estate therein? of the value of five hun dred pounds sterling, clear of debt. 7. The Senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this State, qualified to elect members to the House of Representatives, at the same time, in the same manner, and at the same places, where they shall vote for representatives, viz.: Charleston, (including St. Philip and St. Michael,) two members; Christ church, one member; St. John, Berkeley, one member ; St. Andrew, one member ; St. George, one member; St. James, Goose Creek, one member; St. Thomas and St. Dennis, one member; St. Paul, one member ; St. Bartholomew, one member ; St. James, Santee, one member ; St. John, Colleton, one member ; St. Stephens, one member ; St. Helena, one 110 CONSTITUTION OF SOUTH CAROLINA. member; St. Luke, one member; Prince William, one member; St. Peter, one member; All Saints, one mem ber; Winy a w .v and Williamsburgh, one member; Liberty and Kingston one member; Marlborough, Chesterfield, and Darlington, two members ; York, one member ; Fair- field, Richland and Chester, one member; Lancaster and Kershaw, one member ; Claremont and Clarendon, one member ; Abbeville, one member ; Edgefield, one mem ber ; Newbury, (including the fork between Broad and Saluda rivers,) one member ; Laurens, one member ; Union, one member; Spartan, one member; Greenville, one member; Pendleton, one member; St. Matthew and Orange, one member ; Winton, (including the district be tween Savannah river and the north fork of Edisto,) one member ; Saxe Gotha, one member. 8. No person shall be eligible to a seat in the Senate, unless he is a free white man, of the age of thirty years, and hath been a citizen and resident in this State for five years previous to his election. If a resident in the elec tion district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled free hold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate, in the said district, of the value of one thousand pounds sterling, clear of debt. 9. Immediately after the senators shall be assembled, in consequence of the first election, they shall be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the end of the fourth year ; so that one-half thereof, as near as possible, may be chosen, for ever thereafter, every second year, for the term of four years. 10. Senators and members of the House of Represen tatives, shall be chosen on the second Monday in Octo ber next, and the day following : and on the same days in every second year thereafter, in such manner, and at such times, as are herein directed ; and shall meet on the CONSTITUTION OF SOUTH CAROLINA. 1 i7 fourth Monday in November annually, at Columbia, (which shall remain the seat of government until other wise determined, by the concurrence of two-thirds of both brandies of the whole representation,) unless the casualties of war, or contagious disorders should render it unsafe to meet there ; in either of which cases, the Governor or commander-in-chief for the time being, may, by proclamation, appoint a more secure and convenient place of meeting. 11. Each House shall judge of the elections, returns, and qualifications of its own members ; and a majority or each House shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent mem bers, in such manner and under such penalties as may be provided by law. 12. Each House shall choose by ballot its own officers, determine its rules of proceedings, punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member, but not a second time for the same cause. 13. Each House may punish, by imprisonment, during sitting, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptu ous behavior in its presence or who, during the time of its sitting, shall threaten harm to body or estate of any member, for any thing said or done in either House ; or who shall assault any of them therefor ; or who shall as sault or arrest any witness or other person ordered to at tend the House, in his going to or returning therefrom ; or who shall rescue any person arrested by order of the House. 14. The members of both Houses shall be protected in their persons and estates, during their attendance on, go ing to, and returning from the legislature, and ten days previous to their sitting, and ten days after the adjourn ment of the legislature. But these privileges shall not be extended so as to protect any member who shall be charged with treason, felony, or breach of the peace. 15. Bills for raising a revenue shall originate in the 1 IS CONSTITUTION OF SOUTH CAROLINA. House of Representatives, but may be altered, amended, or rejected by the Senate. All other bills may originate in either House, and may be amended, altered, or rejected by the other. 16. No bill or ordinance shall have the force of law, until it shall have been read three times, and on three se veral days, in each House, has had the great seal affixed to it, and has been signed, in the Senate-House, by the President of the Senate and Speaker of the House of Repre sentatives. 17. No money shall be drawn out of the public trea sury, but by the legislative authority of the State. 18. The members of the legislature, who shall assem ble under this Constitution, shall be entitled to receive out of the public treasury, as a compensation for their ex penses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning from the legislature : but the same may be increased or diminished by law, if circumstances shall require ; but no alterations shall be made by any legislature, to take effect during the existence of the legislature which shall make such alteration. 19. Neither House shall, during their session, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. 20. No bill or ordinance, which shall have been reject ed by either House shall be brought in again during the sitting, without leave of the House, and notice of six days being previously given. 2 1 . No person shall be eligible to a seat in the legislature whilst he holds any office of profit or trust under this State, the United States, or either of them, or under any other power except officers in the militia, army, or navy of this State, justices of the peace, or justices of the county courts, while they receive no salaries ; nor shall any contractor of the army or navy of this State, the United States, or either of them, or the agents of such contractor, be eligible to a seat in either House. And if any member shall accept or exercise any of said disquali fymg officers, he shall vacate his seat. CONSTITUTION OF SOUTH CAROLINA. 149 22. If any election district shall neglect to choose a member or members, on the days of election, or if any person chosen a member of either House shall refuse to qualify and take his seat, or should die, depart the State, or accept any disqualifying office, a writ of election shall be issued by the President of the Senate, or Speaker of the House of Representatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for which the person so refusing to qualify, dying, departing the State, or accepting a dis qualifying office, was elected to serve. 23. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the care of souls, and ought not to be diverted from the great duty of their functions : therefore, no minister of the gos pel, or public preacher, of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Governor, Lieutenant-Governor, or a seat in the Senate or House of Representatives. ARTICLE 2. SEC. 1. The executive authority of this state shall be in vested in a Governor, to be chosen in manner following : as soon as may be, after the first meeting of the Senate and House of Representatives and at every first meeting of the House of Representatives thereafter, when a majority of both Houses shall be present, the Senate and House of Representatives, shall, jointly, in the House of Repre sentatives, choose, by ballot, a Governor, to continue for two years, and until a new election shall be made. 2. No person shall be eligible to the office of Governor, unless he hath attained the age of thirty years, and hath resided within this State, and been a citizen thereof, ten years, and unless he be seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds sterling, clear of debt. No person, having served two years as Governor, shall be re-eligible to that office, till after the expiration of four years. No person shall hold the office of Governor, or any other office or commission, civil or military, except in the 13* 150 CONSTITUTION OF SOUTH CAROLINA. militia, either in this State, or under any State, or the United States, or in any other power, at one and the same time. 3. A Lieutenant-Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor. 4. A member of the Senate or House of Representa tives, being chosen, and acting as Governor or Lieutenant- Governor, shall vacate his seat, and another person shall be elected in his stead. 5. In case of the impeachment of the Governor, or his removal from office, death, resignation, or absence from the State, the Lieutenant-Governor shall succeed to his office. And in case of the impeachment of the Lieute nant-Governor, or his removal from office, death, resigna tion, or absence from the State, the President of the Senate shall succeed to his office, till a nomination to those offices respectively shall be made by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, re signing, or being absent, was elected. 6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the United States. 7. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment, in such manner, on such terms, and under restrictions, as he shall think proper, and he shall have power to remit fines and forfeitures, unless otherwise directed by law. 8. He shall take care that the laws be faithfully exe cuted in mercy. 9. He shall have power to prohibit the exportation of provision, for any time not exceeding thirty days. 10. He shall at stated times, receive for his services a compensation, which shall neither be increased or di minished during the period for which he shall have been elected. CONSTITUTION OF SOUTH CAROLINA. 131 11. All officers in the executive department, when re quired by the Governor, shall give him information, in writing, upon any subject relating to the duties of their respective offices. 12. The Governor shall from time to time, give to the general Assembly information of the condition of the State, and recommend to their consideration such mea sures as he shall judge necessary or expedient. 13. He may, on extraordinary occasions, convene the general Assembly, and, in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing. ARTICLE 3. SEC. 1. The judicial power shall be vested in such su perior and inferior courts of law and equity, as the legis lature shall, from time to time, direct and establish. The judges of each shall hold their commissions du ring good behavior ; and judges of the superior courts shall, at stated times, receive a compensation for their services, which shall neither be increased or diminished during their continuance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust, under this State, the United States, or any other power. 2. The style of all processes shall be, "the Stale of South Carolina." All prosecutions shall be carried on in the name and by the authority of the State of South Car olina, and conclude "against the peace and dignity of the same." ARTICLE 4. All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath: " I do swear (or affirm) that I am duly qualified, according to the Consti tution of this State, to exercise the office to which I have been appointed, and will, to the best of my abilities, dig. l CONSTITUTION OF SOUTH CAROLINA. charge the duties thereof, and preserve, protect, and de fend the Constitution of this State, and of the United States." ARTICLE 5. SEC. 1. That the House of Representatives shall have the sole power of impeaching; but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be on oath or affirmation : and no person shall be convicted without the concurrence of two-thirds of the members present. 3. The Governor, Lieu tenant-Governor, and all the civil officers, shall be liable to impeachment for any mis demeanor in office ; but judgment in such cases shall not extend further than to a removal from office, and dis qualification to hold any office of honor, trust, or profit, under this State. The party convicted shall, neverthe less, be liable to indictment, trial, judgment, and punish ment, according to law. ARTICLE 6. SEC. 1. The judges of the superior courts, the com missioners of the treasury, secretary of the State, and sur veyor-general, shall be elected by the joint ballot of both Houses, in the House of Representatives. The commis sioners of the treasury, secretary of this Stale, and sur veyor-general, shall hold their offices for four years : but shall not be eligible again for four years after the expira tion of the time for which they shall have been elected. 2. All other officers shall be appointed as they hither to have been, until otherwise directed by law ; but she riffs shall hold their offices for four years, and not be again eligible for four years after the te:.n for which they shall have been elected. 3. All commissions shall be in the name and by the au thority of the State of South Carolina, and be sealed with the seal of the State, and be signed by the Governor. CONSTITUTION OF SOUTH CAROLINA. 153 ARTICLE 7. All laws in force in this State at the passing of this Constitution, shall so continue until altered or repealed by the legislature ; except where they are temporary, in which case they shall expire at times respectively limited for their duration, if not continued by -act of the legisla ture. ARTICLE 8. SEC. 1. The free exercise and enjoyment of religious profession and worship, without discrimination or pre ference, shall, for ever hereafter, be allowed within this State to all mankind : Provided, that the liberty of con science thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsis tent with the peace or safety of this State. 2. The rights, privileges, immunities, and estates of both civil and religious societies and of corporated bodies, shall remain as if the Constitution of this State had not been altered or amended. ARTICLE 9. SEC. 1. All power is originally vested in the people ; and all free governments are founded on their authority, and are instituted for their peace, safety, and happiness. 2. No freeman of this State shall be taken, or impri soned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land: nor shall any bill of attainder, ex post facto law, or law im pairing the obligation of contracts, ever be passed by the legislature of this State. 3. The military shall be subordinate to the civil power. 4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. 5. The legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the ap pointment to which shall be for any longer time than du ring good behavior* 154 CONSTITUTION OF SOUTH CAROLINA 6. The trial by jury, as heretofore used in this State, and the liberty of the press, shall be for ever inviolably preserved. ARTICLE 10. SEC. 1. The business of the treasury shall be in future conducted by t\vo treasurers, one of whom shall hold his office and reside in Columbia; and the other shall hold his office and reside in Charleston. 2. The secretary of state and surveyor-general shall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their deputies at the other. 3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them. 4. The Governor shall always preside, during the sit ting of the legislature, at the place where their sessions may be held, and at all other times, wherever, in his opinion, the public good may require. 5. The legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogenitures, and for giving an equitable distribution of the real estate of intestates. ARTICLE 11. No Convention of the people shall be called, unless by the concurrence of two-thirds of both branches of the \vhole representation. No part of this Constitution shall be altered, unless a bill to alter the same shall have been read three times in the House of Representatives, and three times in the Senate, and agreed to by two-thirds of both branches of the whole representation ; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for members to the House of Repre CONSTITUTION OF SOUTH CAROLINA. 133 sen tali ves ; and if the alteration proposed by the legisla ture shall be agreed to in their first session by two-thirds of the whole representation in both branches of the legis lature, after the same shall have been read three times, on three several days in each House, then, and not other wise, the same shall become a part of the Constitution. Done in Convention, at Columbia, in the State of South Carolina, the third day of June, in the year of our Lord 1790, and in the fourteenth year of the Independence of the United States of America. By the unanimous order of the Convention, CHAKLES PINCKNEY, President. AMENDMENTS. AMENDMENTS RATIFIED DECEMBER 17, 1808% The following sections, in amendment of the third, seventh, and ninth sections of the first article of the Con stitution of this State, shall be, and they are hereby de clared to be, valid parts of the said Constitution ; and the said third, seventh, and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby repealed and made void. The House of Representatives shall consist of one hun dred and twenty-four members, to be apportioned among the several election districts of the State, according to the number of white inhabitants contained, and the amount of all taxes raised by the legislature, whether direct or in direct, or of whatever species, paid in each, deducting therefrom all taxes paid on account of property held in any other district, and adding thereto all taxes elsewhere paid on account of property held in such district. An enumeration of the white inhabitants, for this purpose, shall be made in the year one thousand eight hun dred and nine, and in the course of every tenth year thereafter, in such manner as shall be by law directed : 15G CONSTITUTION OF SOUTH CAROLINA. and representatives shall be assigned to the different dis tricts in the above-mentioned proportion, by act of the legislature, at the session immediately succeeding the above enumeration. If the enumeration herein directed should not be made in the course of the year appointed for the purpose by these amendments, it shall be the duty of the Governor to have it effected as soon thereafter as shall be practica ble. In assigning representatives to the several districts of the State, the legislature shall allow one representative. for every sixty-second part of the whole number of white in habitants in the State ; and one representative also for every sixty-second part of the whole taxes raised by the legislature of the State. The legislature shall further allow one representative for such fractions of the sixty- second part of the white inhabitants of the State, and of the sixty-second part of the taxes raised by the legisla ture of the State, as, when added together, form a unit. In every apportionment of representation under these amendments, which shall take place after the first appor tionment, the amount of taxes shall be estimated from the average of the ten preceding years ; but the first appor tionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole pro duce of the tax on sales at public auction. If, in the apportionment of representatives under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a represen tative, such election district shall, nevertheless, send one representative ; and, if there should still be a deficiency of the number of representatives required by these amend ments, such deficiency shall be supplied by assigning re presentatives to those election districts having the largest surplus fractions ; whether those fractions consist of a combination of population and of taxes, or of population or of taxes separately, until the number of one hundred and twenty-four members be provided. No apportionment, under these amendments shall be construed to take effect, in any manner, until the gene ral election which shall succeed such apportionment. CONSTITUTION OF SOUTH CAROLINA. 1 57 The election districts, for members of the House of Representatives, shall be and remain as heretofore esta blished, except Saxe Gotha and Newberry ; in which the boundaries shall be altered, as follows, viz. : That part of Lexington in the fork of Broad and Saluda rivers, shall no longer compose a part of the election district of New- berry, but shall be henceforth attached to, and form a part of, Saxe Gotha. And, also, except Orange and Barn- well, or Winton, in which the boundaries shall be alter ed, as follows, viz.: That part of Orange in the fork of Edisto shall no longer compose a part of the election dis trict of Barn well, or Winton, but shall be henceforth at tached to, and form a part of, Orange election district. The Senate shall be composed of one member from each election district, as now established for the election of members of the House of Representatives, except the district formed by the parishes of St. Philip and St. Mi chael, to which shall be allowed two -senators as hereto fore. The seats of those senators who under the Constitu tion shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall represent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, be divided by lots into two classes ; the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the expiration of the fourth year ; and the number in these classes shall be so proportioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year. None of these amendments becoming parts of the Con stitution of this State shall be altered, unless a bill to alter the same shall have been read on three several days in the House of Representatives, and on three several days in the Senate, and agreed to at the second and third read ing by two-thirds of the whole representation in each branch of the legislature ; neither shall any alteration take _place, until the bill so agreed to be published three months 158 CONSTITUTION OF OHIO. previous to a new election for members to the House of Representatives ; and if the alteration proposed by the legislature shall be agreed to in their first session, by two- thirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each House, then, and not otherwise, the same shall become a part of the Constitution. AMENDMENT RATIFIED DECEMBER 19, 1816. That the third section of the tenth article of the Con stitution of this State be altered and amended to read as follows : The judges shall, at such times and places as shall be prescribed by act of the legislature of this State, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in ar rest of judgment, and such points of law as may be sub mitted to them. CONSTITUTION OF OHIO. ARTICLE 1. SEC. 1. The legislative authority of this state shall be vested in a general Assembly, which shall consist of .a Senate and House of Representatives, both to be elected by the people. 2. Within one year after the first meeting of the gene ral Assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shall be directed by law. The number of re presentatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, according to the number of white male inhabitants of above twenty-one years of age in each ; and shall never be less than twenty-four nor greater than thirty-six, until the number of white male in habitants of above twenty-one years of age vshall be twen- CONSTITUTION OF OHIO. 159 fcy-two thousand ; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two. 3. The representatives shall be chosen annually, by the citizens of each county respectively, on the second Tuesday of October. 4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citi zen of the United States, and an inhabitant of this State ; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, unless he shall have been absenton the public busi ness of the United States, or of this State, and shall have paid a state or county tax. 5. The senators shall be chosen biennially, by qualified voters for representatives ; and, on their being convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two classes ; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the se cond year ; so that one-half thereof, as near as possible, may be chosen annually for ever thereafter. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twenty- one years in each, and shall never be less than one-third nor more than one-half of the number of representatives. 7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States ; shall have resided two years in the district or county immediately preceding the election, unless he shall have been absent on the public business of the Uni ted States, or of this State, and shall moreover have paid a state or county tax. 8. The Senate and House of Representatives, when assembled, shall each choose a speaker and its other offi cers, be judges of the qualifications and elections of its members, and sit upon its own adjournments ; two-thirds 1GO coxsiiTUTio:; OF OHIO. of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members. 9. Each House shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. 10. Any two members of either House shall have lib erty to dissent from and protest against any act or reso lution which they may think injurious to the public or any individual, and have the reasons of their dissent en tered on the journals. 11. Each House may determine the rules of its pro ceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free and independent State. 12. When vacancies happen in either House, the Go vernor or the person exercising the power of the Gover nor shall issue writs of election to fill such vacancies. 13. Senators and representatives shall, in all cases, ex cept treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same ; and for any speech or debate, in either House, they shall not be ques tioned in any other place. 14. Each House may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in their presence : provided such imprisonment shall not, at any one time, exceed twenty- four hours. 15. The doors of each House, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. 16. Bills may originate in either House, but may be altered, amended, or rejected by the other. CONSTITUTION 01 OHIO. 17. Every bill shall be read on three different days, in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending shall deem it ex pedient to dispense with this rule; and every bill having passed both Houses, shall be signed by the speakers of their respective Houses. 18. The style of the laws of this State shall be, " Be it enacted by the general Assembly of the State of Ohio. 1 " 19. The legislature of this State shall not allow the fol lowing officers of government greater annual salaries than as follows, until the year one thousand eight hun dred and eight, to wit ; the Governor not more than one thousand dollars ; the judges of the supreme court not more than one thousand dollars each ; the presidents of the courts of common pleas not more than eight hundred dol lars each ; the secretary of state not more than five hun dred dollars ; the auditor of public accounts not more than seven hundred and fifty dollars; the treasurer not more than four hundred and fifty dollars ; no member of the legislature shall receive more than two dollars per day during his attendance on the legislature, nor more for every twenty-five miles he shall travel in going to and re turning from the general Assembly. 20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State, which shall have been crea ted, or the emoluments of which shall have been increas ed, during such time. 21. No money shall be drawn from the treasury but ill consequence of appropriations made by law. 22. An accurate statement of the receipts and expendi tures of the public moneys shall be attached to and pub lished with the laws, annually. 23. The House of Representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, they shall be on oath or affirmation to do justice accord ing to law and evidence ; no person shall be convicted without the concurrence of two-thirds of all the senators. 11* 162 COMsTliUTlON OF OHIO. 24. The Governor and all other civil officers under this State shall be liable to impeachment for any misdemeanor in office ; but judgment, in such cases, shall not extend further than removal from office, and disqualification to hold any office of honor, profit, or trust, under this State. The party, whether convicted or acquitted, shall, never theless, be liable to indictment, trial, judgment, and pun ishment, according to law. 25. The first session of the general Assembly shall commence on the first Tuesday of March next ; and for ever after the general Assembly shall meet on the first Monday in December in every year, and at no other pe riod, unless directed by law, or provided for by this Con stitution. 26. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, sheriff or collector, member of either House of Congress, or person holding any lucrative office under the United States, or this State, provided that the ap pointments in the militia, or justices of the peace, shall not be considered lucrative offices, shall be eligible as a candidate for, or have a seat in, the general Assembly. 27. No person shall be appointed to any office within any county who shall not have been a citizen and inha bitant therein one year next before his appointment, if the county shall have been so long erected : but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. 28. No person who heretofore hath been, or hereafter may be, a collector or holder of the public moneys, shall have a seat in either House of the general Assembly, un til such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable. ARTICLE 2. SEC. 1. The supreme executive power of this Sla{c shall be vested in a Governor. 2. The Governor shall be chosen by the electors of the members of the general Assembly, on the second CONSTITUTION OF OHIO. 163 Tuesday of October, at the same places and in the same manner that they shall respectively vote for members thereof. The returns of every election for Governor shall be sealed up and transmitted to the seat of govern ment, by tfie returning officers, directed to the Speaker of the Senate, who shall open and publish them in the pre sence of a majority of the members of each House of the general Assembly ; die person having the highest number of votes shall be Governor: but if two or more shall be equal and highest in votes, then one of them shall be cho sen Governor by joint ballot of both Houses of the gene ral Assembly. Contested elections for Governor shall be determined by both Houses of the general Assembly, in such manner as shall be prescribed by law. 3. The first Governor shall hold his office until the first Monday of September, one thousand eight hundred and five, and until another Governor shall be elected and qualified to office ; and for ever after, the Governor shall hold his office for the term of two years, and until an~ other Governor shall be elected and qualified ; but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this State four years next preceding his election. 4. He shall, from time to time, give to the general As sembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. 5. He shall have the power to grant reprieves and par dons, after conviction, except in cases of impeachment. 6. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. 7. He may require information, in writing, from the officers in the executive department, upon any subject re lating to the duties of their respective offices, and shall take care that the laws be faithfully executed. 8 When an officer, the right of whose appointment is, by this Constitution, vested in the general Assembly. 10 1 CONSTITUTION* OF OHIO. snail, during the recess, die, or his office by any means become vacant, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the legislature. 9. He may, on extraordinary occasions, convene the general Assembly by proclamation, and shall state to them, when assembled, the purpose for which they shall have been convened. 10. He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States. 11. In cases of disagreement between the two Houses, with respect to the time of adjournment, the Governor shall have the power to adjourn the general Assembly to such time as he thinks proper, provided it be not a period beyond the annual meeting of the legislature. 12. In case of the death, impeachment, resignation, or the removal of the Governor from office, the Speaker of the Senate, shall exercise the office of Governor until he be acquitted, or another Governor shall be duly qualified In case of impeachment of the Speaker of the Senate, or his death, removal from office, resignation, or absence from the State, the Speaker of the House of Representa tives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qualified. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of Governor. 14. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially, and shall be called the great seal of the State of Ohio. 15. All grants and commissions shall be in the name and by the authority of the State of Ohio, sealed with the seal, signed by the Governor, and countersigned by the secretary. 16. A secretary of state shall be appointed by a joint ballot of the Senate and House of Representatives, who shall continue in office three years, if he shall so long be have himself well. He shall keep a fair register of all the official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes. CONSTITUTION OF OHIO. 165 and vouchers, relative thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned him by law. ARTICLE 3. SEC. 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a supreme court, in courts of common pleas for each county, injus tices of the peace, and in such other courts as the legisla ture may from time to time establish. 2. The supreme court shall consist of three judges, any two of whom shall be a quorum. They shall have origi nal and appellate jurisdiction, both in common law and chancery, in such cases as shall be directed by law : pro vided, that nothing herein contained shall prevent the general Assembly from adding another judge to the su preme court after the term of five years, in which case the judges may divide the State into two circuits, within which any two of the judges may hold a court. 3. The several courts of common pleas shall consist of a president and associate judges. The State shall be di vided by law into three circuits : there shall be appointed in each circuit a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two associate judges, who, during their continuance in office, shall reside therein. The president and associ ate judges, in their respective counties, any three of whom shall be a quorum, shall compose the court of common pleas, which court shall have common law and chancery jurisdiction, in all such cases as shall be direct ed by law ; provided, that nothing herein contained shall be construed to prevent the legislature from increasing the number of circuits and presidents after the term of five years. 4. The judges of the supreme court and court of com mon pleas, shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law. 5. The court of common pleas in each county shall have jurisdiction of nil probate and testamentary matters, 13* 10(5 COXSTSTl TIO\ OF OHIO. granting administration, and the appointment of guardians, and such other cases as shall be prescribed by la\v. 6. The judges of the court of common pleas shall, within their respective counties, have the same powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, and cause their pro ceedings to be brought before them, and the like right and justice to be done. 7. The judges of the supreme court shall, by vutue of their offices, be conservators of the peace throughout the State. The presidents of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits, and the judges of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective counties. 8. The judges of the supreme court, the presidents, and the associate judges of the courts of common pleas, shall be appointed by a joint ballot of both Houses of the general Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The judges of the supreme court, and the presidents of the courts of common pleas, shall, at stated times, receive for their ser vices an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State or the United States. 9. Each court shall appoint its own clerk, for the term of seven years ; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from a majority of the judges of the supreme court, that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good be havior, at any time, by the judges of the respective courts. 10. The supreme court shall be held once a year, in each county ; and the courts of common pleas shall be holden in each county at such times and places as shall be prescribed by law. CONSTITUTION OF OHIO. 1 f7 11. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years ; whose powers and duties shall from time to time be regulated and defined by law. 12. The style of all process shall be, The State of Ohio ; and all prosecutions shall be carried on in the name and by the authority of the State of Ohio ; and all indictments shall conclude, against the peace and dignity of the same. ARTICLE 4. SEC. 1. In all elections, all white male inhabitants, above the age of twenty-one years, having resided in the State one year next preceding the election, and who have paid, or are charged with, a state or county tax, shall en joy the right of an elector ; but no person shall be entitled to vote, except in the county or district in which he shall actually reside at the time of the election. 2. All elections shall be by ballot. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections ind in going to and return ing from them. 4. The legislature shall have full power to exclude from the privilege of electing, or being elected, any per son convicted of bribery, perjury, or any other infamous crime. 5. Nothing contained in this article shall be so con strued as to prevent white male persons, above the age of twenty-one years, who are compelled to labor on the roads of their respective townships or counties, who have resided one year in the State, from having the right of an elector. ARTICLE 5. SEC. 1. Captains and subalterns in the militia shall be elected by those persons in their respective company dis tricts subject to military duty. 2. Majors shall be elected by the captains and subal terns of the battalion. 1H3 CONSTITUTION OF OHIO. 3. Colonels shall be elected by the majors, captains., and subalterns of the regiment. 4. Brigadiers-general shall be elected by the commis sioned officers of their respective brigades. 4. Majors-general and quarter-masters-general shall be appointed by joint ballot of both Houses of the legislature. 6. The Governor shall appoint the adjutant-general. The majors-general shall appoint their aids, and other di vision officers. The brigadiers their majors ; the brigade- majors their staff officers; commanders of regiments shall appoint their adjutants, quarter-masters, and other regi mental staff officers ; and the captains and subalterns shall appoint their non-commissioned officers and musicians. 7. The captains and subalterns of the artillery and ca valry shall be elected by the persons enrolled in their re spective corps, and the majors and colonels shall be ap pointed in such manner as shall be directed by law. The colonels shall appoint their regimental staff, and the cap tains and subalterns their non-commissioned officer) 5 and musicians. ARTICLE 6. SEC. 1. There shall be elected in eacli county one sheriff and one coroner, by the citizens thereof who are qualified to vote for members of the Assembly : they shall be elected at the time and place of holding elections for members of Assembly ; they shall continue in office two years if they shall so long behave well, and until succes sors be chosen and duly qualified : provided, that no per son shall be eligible as sheriff for a longer term than four years in any term of six years. 2 The state treasurer and auditor shall be triennially appointed, by a joint ballot of both Houses of the legisla ture. 3. All town and township officers shall be chosen an nually, by the inhabitants thereof duly qualified to vote for members of the Assembly, at such time and place as may be directed by law. 4. The appointment of all civil officers, not otherwise directed by this Constitution shall be made in such man ner as mny be directed by law. CONSTITUTION OF OHIO. 109 ARTICLE 7. SEC. 1. Every person who shall be chosen or appoint ed to any office of trust or profit under the authority of the State, shall before entering on the execution thereof, take an oath or affirmation to support the Constitution of the United States and this State, and also an oath of office. 2. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the law shall direct ; and any person who shall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law. 3. No new county shall be established by the general Assembly which shall reduce the county or counties, or either of them, from which it shall be taken, to less con tents than four hundred square miles, nor shall any coun ty be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be consider ed as a part of the county or counties from which it was taken until entitled by numbers to the right of representa tion. 4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine, by the legislature of this State, for the purpose of erecting public buildings for the accommodation of the legislature. 5. That, after the year one thousand eight hundred and six, whenever two-thirds of the general Assembly shall think it necessary to amend or change this Constitution, they shall recommend to the electors, at the next election for members to the general Assembly, to vote for 01 against a convention ; and if it shall appear that amajori- ty of the citizens of the State, voting for representatives, have voted for a convention, the general Assembly shall, at their next session, call a convention, to consist of as many mem bers as there may be in the general Assembly, to be chosen in the same manner, at the same places, and by the same electors that choose the general Assembly, who shall meet 1-1 170 CONSTITUTION* OF OHIO. within three months after the said election, for the purpose of revising, amending, or changing the Constitution. But no alteration of this Constitution shall ever take place, so as to introduce slavery or involuntary servitude into this State. 6. That the limits and boundaries of this State be as certained, it is declared, that they are as hereafter men tioned that is to say, bounded on the east by the Penn sylvania line, on the south by the Ohio river, to the mouth of the great Miami river ; on the west by the line drawn due north from the mouth of the great Miami aforesaid ; and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line aforesaid : Provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie^ or if it should intersect the said Lake Erie east of the mouih of the Miami river of the Lake, then and in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extended to a direct line, running from the southern extremity of Lake Michigan, to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the great Miami river as aforesaid, thence north-east to the territorial line, and by the said territorial line to the Pennsylvania line. ARTICLE 8. That the general, great, and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare, SEC. 1. That all men are born equally free and inde pendent, and have certain natural, inherent, and unalien- able rights, amongst which are the enjoying and defend ing life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safe ty ; and every free republican government, being founded CONSTITUTION OF OHIO. 171 on their sole authority, and organized for the purpose of protecting their liberties, and securing their independence to effect these ends they have at all times a complete power to alter, reform, or abolish their government, when ever they may deem it necessary. 2. There shall be neither slavery nor involuntary ser vitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted ; nor shall any male person, arrived at the age of twenty- one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant under pre tence of indenture, or otherwise, unless such person shall enter into such indenture while in a state of perfect free dom, and on condition of a bona fide consideration, re ceived or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mu latto hereafter made and executed, out of this State, or, if made in the State, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships. 3. ThaJ; all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences ; that no human authority can in any case whatever control or interfere with the rights of con science ; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent ; and that no preference shall ever be given by law to any religious society or mode of worship: and no religious test shall be required as a quali fication to any office of trust or profit. But religion, mo rality, and knowledge, being essentially necessary to the government, and the happiness of mankind, schools, and the means of instruction, shall forever be encouraged by legislative provision, not inconsistent with the rights of conscience. 4. Private property ought, and shall ever be held invi olate, but always subservient to the public welfare, provi ded a compensation in money be made to the owner. 5. That the people shall be secure in their persons, houses, papers, and possessions from all unwarrantable searches and seizures ; and that general warrants, where- 172 CONSTITUTION OF OHIO. by an officer may be commanded to search suspected places, without probable evidence of the fact committed, or to seize any person or persons not named, whose of fences are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer ; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print upon any subject, as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may always be given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 7. That all courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law ; and right and justice administered without denial or delay. . 8. That the right of trial by jury shall be inviolate. 9. That no power of suspending the laws shall be ex ercised, unless by the legislature. 10. That no person arrested or confined in jail shall be treated with unnecessary rigour, or be put to answer any criminal charge, but by presentment, indictment, or im peachment. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face ; to have compulsory process for obtaining witnesses in his favor ; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the offence shall have been committed, and shall not be compelled to give evidence against him self nor shall he be twice put in jeopardy for the same offence CONSTITUTION OF OHIO. 173 12. That all persons shall be bailable by sufficient sureties unless for capital offences, where the proof is evi dent, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 13. Excessive bail shall not be required, excessive fines shall not be imposed, nor cruel and unusual punish ments inflicted. 14. All penalties shall be proportioned to the nature of the offence. No wise legislature will affix the same pun ishments to the crimes of theft, forgery, and the like, which they do to those of murder and treason. When the same undistinguished severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences. For the same reasons, a multitude of sanguinary laws ar? both impolitic and unjust ; the true design of all punish ments being to reform, not to exterminate mankind. 15. The person of a debtor, where there- is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law. 16. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made ; and no convic tion shall work corruption of blood, or forfeiture of estate. 17. That no person shall be liable to be transported out of this State, for any offence committed within the State. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the legisla ture for redress of grievances. 20. That the people have a right to bear arms for the defence of themselves and the State ; and as standing ar mies in time of peace are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination lo the civil power. 15* 174 CONSTITUTION OF OHIO. 21. That no person in this State, except such as are employed in the Army or Navy of the United States, or militia in actual service, shall be subject to corporeal punishment under the military law. 22. That no soldier in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in the manner prescribed by law. 23. That the levying taxes by the poll is grievous and oppressive ; therefore, the legislature shall never levy a poll tax for county or state purposes. 24. That no hereditary emoluments, privileges, or ho nors shall ever be granted or conferred by this State. 25. That no law shall be passed to prevent the poor in the several counties and townships within this State, from an equal participation in the schools, academies, colleges, and universities within this State, which are endowed, in whole or in part, from the revenue arising from the do nations made by the United States for the support of schools and colleges; and the doors of the said schools, aca demies, and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever, contrary to the intent for which the said donations were made. 26. That laws shall be passed by the legislature which shall secure to each and every denomination of religious societies, in each surveyed township, which now is, or may hereafter be, formed in the State, an equal participa tion, according to their number of adherents, of the profits arising from the land granted by Congress for the support of religion, agreeably to the ordinance or act of Congress making the appropriation. 27. That every association of persons, when regularly formed within this State, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and other purposes. 28. To guard against the transgression ot the high powers which we have delegated, we declare, that all powers not hereby delegated remain with the people. CONSTITUTION OF OHIO. 175 SCHEDULE. SEC. 1. That no evils or inconveniences may arise from the change of a territorial government to a perma nent state government; it is declared by this Convention that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies cor porate, shall continue as if no change had taken place in this government. 2. All fines, penalties, and forfeitures, due and owing to the territory of the United States, north-west of the Ohio river, shall inure to the use of the State. All bonds executed to the Governor, or any other officer in his offi cial capacity in the territory, shall pass over to the Go vernor, or the other officers of the State, and their suc cessors in office, for the use of the State, or by him or them to be respectively assigned over to the use of those concerned, as the case may be. 3. The Governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution. 4. All laws and parts of laws now in force in this ter ritory, not inconsistent with this Constitution, shall con tinue and remain in full effect until repealed by the legis lature, except so much of the act entitled " An act regula ting the admission and practice of attorneys and counsel lors at law ;" and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law> his residence within the territory, and the term of time which he shall have practised as an attorney at law, before he can be admitted to the degree of a coun sellor at law. 5. The Governor of the State shall make use of hift private seal, until a state seal be procured. 6. The president of the Convention shall issue writs of election to the sheriffs of the several counties, requi ring them to proceed to the election of Governor, mem bers of the general Assembly, sheriffs, and coroners, at the respective election districts in each county, on the second Tuesday of January next, which elections shall 17ft CONSTITUTION OF KENTUCKY. be conducted in the manner prescribed by the existing election laws of this territory; and the members of the general Assembly, sheriffs, and coroners then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this Constitution, and no longer. 7. Until the first enumeration shall be made, as direct ed in the second section of the first article of this Consti tution, the county of Hamilton shall be entitled to four senators and eight representatives ; the county of Cler- mont, one senator and two representatives ; the county of Adams, one senator and three representatives ; the county of Ross, two senators and four representatives ; the coun ty of Fairfield, one senator and two representatives ; the county of Washington, two senators and three represen tatives ; the county of Belmont, one senator and two re presentatives ; the county of Jefferson, two senators and four representatives ; and the county of Trumbull, one senator and two representatives. Done in Convention, at Chillicothe, on the 29th day of November, in the year of our Lord 1802, and of the Independence of the United States of America the 27th. EDWARD TIFFIN, President, fittest, THO. SCOTT, Secretary. CONSTITUTION OF KENTUCKY. ARTICLE 1. Concerning the Legislative Department. SEC. 1. The powers of the government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magis tracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are ju diciary, to another. CONSTITUTION* OF KENTUCKY. 177 2. No person or collection of persons, being one of those departments, shall exercise any power properly be longing to either of the others ; except in the instances hereinafter expressly directed or permitted. ARTICLE 2. Concerning the Distribution of the Powers of the Government. SEC. 1. The legislative power of this commonwealth shall be vested in two distinct branches ; the one to be styled the House of Representatives, the other the Senate, and both together, the General Assembly of the Common wealth of Kentucky. 2. The members of the House of Representatives shall continue in service for the term of one year from the day of the commencement of the general election, and no longer. 3. Representatives shall be chosen on the first Monday in the month of August in every year; but the presiding officers of the several elections shall continue the same for three days, at the request of any one of the candidates. 4. No person shall be a representative, who at the time of his election is not a citizen of the United States, and hath not attained to the age of twenty-four years, and re sided in this State two years next preceding his election, and the last year thereof in the county or town for which he may be chosen. 5. Elections for representatives for the several counties entitled to representation, shall be held at the places of holding their respective courts, or in the several election precincts into which the legislature may think proper, from time to time, to divide any or all of those counties : Provided, that when it shall appear to the legislature that any town hath a number of qualified voters equal to the ratio then fixed, such town shall be invested with the pri vilege of a separate representation, which shall be retain ed so long as such town shall contain a number of quali fied voters equal to the ratio which may, from time to time, be fixed by law, and thereafter elections, for the county in which such town is situated, shall not be held therein, 178 CONSTITUTION OF KF.VITCKY. G. Representation shall be equal and uniform in this commonwealth; and shall be for ever regulated and as certained by the number of qualified electors therein. In the year eighteen hundred and three, and every fourth year thereafter, an enumeration of all the free male inhabi tants of the State, above twenty-one years of age, shall be made, in such manner as shall be directed by law. The number of representatives shall, in the several years of making these enumerations, be so fixed as not to be less than fifty-eight, nor more than one hundred, and they shall be apportioned for the four years next following, as near as may be, among the several counties and towns, in proportion to the number of qualified electors : but, when a county may not have a sufficient number of quali fied electors to entitle it to one representative, and when the adjacent county or counties may no^have a residuum or residuums, which, when added to the small county, would entitle it to a separate representation, it shall then be in the power of the legislature to join two or more to gether, for the purpose of sending a representative : Pro vided, that when there are two or more counties adjoin ing, which have residuums over and above the ratio when fixed by law, if said residuums when added together will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. 7. The House of Representatives shall choose its Speaker and other officers. 8. In all elections for representatives, every free male citizen (negroes, mulattoes, and inclians excepted) who, at the time being, hath attained to the age of twenty-one years, and resided in the State two years, or the county or town in which he offers to vote one year next prece ding the election, shall enjoy the right of an elector; but no person shall be entitled to vote, except in the county or town in which he may actually reside at the time of the election, except as is herein otherwise provided. Electors shall in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance at, going to, and returning from elections. 9. The members of the Senate shall be chosen for the term of four years ; and when assembled shall have the power to choose its officers annually. CONSTITUTION OF KENTUCKY. 170 10. At the first session of the general Assembly after this Constitution takes effect, the senators shall be divided by lot, as equally as may be, into four classes : the seats of the senators of the first class shall be vacated at the ex piration of the first year; of the second class, at the expi ration of the second year ; of the third class, at the expira tion of the third year ; and of the fourth class, at the expira tion of the fourth year ; so that one-fourth shall be chosen every year, and a rotation thereby kept up perpetually. 11. The Senate shall consist of twenty-four members at least, and for every three members above fifty-eight, which shall be added to the House of Representatives, one member shall be added to the Senate. 12. The same number of senatorial districts shall, from time to time, be established by the legislature, as there may then be senators allotted to the State ; which shall be so formed as to contain, as near as may be, an equal number of free male inhabitants in each, above the age of twenty-one years, and so that no county shall be divided, or form more than one district ; and where two or more counties compose a district, they shall be ad joining. 13. When an additional senator may be added to the Senate, he shall be annexed. by lotto one of the four classes, so as to keep them as nearly equal in number as possible. 14. One senator for each district shall be elected by those qualified to vote for representatives therein, who shall give their votes at the several places is the counties or towns where elections are by law directed to be held. 15. No person shall be a senator who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of thirty-five years, and re sided in this State six years next preceding his election, and the last year thereof in the district from which he may be chosen. 16. The first election for senators shall be general throughout the State, and at the same time that the gene ral election for representatives is held ; and thereafter there shall, in like manner, be an annual election for senators, to fill the places of those whose time of service may have expired. 1RO CONSTITUTION OF KKXTUCKV. 17. The general Assembly shall convene on the first Monday in the month of November in every year, unless ^a different day be appointed by law ; and their session shall be held at the seat of government. 18. Not less than a majority of the members of each House of the general Assembly shall constitute a quorum to do business ; but asmallernumber may adjourn from day to day, and shall be authorized by law to compel the at tendance of absent members, in such manner, and under such penalties, as may be prescribed thereby. 19. Each House of the general Assembly shall judge of the qualifications, elections, and returns of its mem bers ; but a contested election shall be determined in such manner as shall be directed by law. 20. Each House of the general Assembly may deter mine the rules of its proceedings ; punish a member for disorderly behavior ; and, with the concurrence of two- thirds, expel a member, but not a second time for the same cause. 21. Each House of the general Assembly shall keep and publish, weekly, a journal of its proceedings; and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on their journal. 22. Neither House, during the session of the general Assembly, shall, without the consent of the other, ad journ for more than three days, nor to any other place than that in which they may be sitting. 23. The members of the general Assembly shall seve rally receive from the public treasury a compensation for their services, which shall be one dollar and a half a day, during their attendance on, going to, and returning from the session of their respective Houses : Provided, that the same may be increased or diminished by law ; but no al teration shall take effect during the session at which such alteration shall be made. 24. The members of the general Assembly shall, in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest, during their attendance at the sessions of their respective Houses, and in going CONSTITUTION OF KENTUCKY. 181 to, and returning from the same ; and for any speech or debate, in either House, they shall not be questioned in any other place. 25. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this commonwealth, which shall have been created, or the emoluments of which shall have been increased, during the time such senator or representative was in office, except to such offices or appointments as may be made or filled by the elections of the people. 26. No person, while he continues to exercise the functions of a clergyman, priest, or teacher, of any reli gious persuasion, society, or sect ; nor whilst he holds or exercises any office of profit under this commonwealth, shall be eligible to the general Assembly ; except attor neys at law, justices of the peace, and militia officers: Provided, that justices of the courts of quarter sessions shall be ineligible so long as any compensation may be allowed them for their services: Provided, also, that at torneys for the commonwealth, who receive a fixed an nual salary from the public treasury, shall be ineligible. 27. No person who at any time may have been a col lector of taxes for the State, or the assistant or deputy of such collector, shall be eligible to the general Assembly until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible. 28. No bill shall have the force of a law until on three several days it be read over in each House of the general Assembly, and free discussion allowed thereon ; unless, in cases of urgency, four-fifths of the House where the bill shall be depending, may deem it expedient to dispense with this rule. 29. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose amendments, as in other bills : Provided, that they shall not introduce any new matter, under the color of an amendment, which does not relate to raising a revenue. 30. The general Assembly shall regulate, by law, bv 10 182 CONSTITUTION- OF KENTUCKY. whom and in what manner writs of election shall be is sued to fill the vacancies which may happen in either branch thereof. ARTICLE 3. Concerning the Executive Department. SEC. 1. The supreme executive power of the com monwealth shall be vested in a chief magistrate, who shall be styled the Governor of the commonwealth of Kentucky. 2. The Governor shall be elected for the term of four years by the citizens entitled to suffrage at the time and places where they shall respectively vote for representa tives. The person having the highest number of votes shall be Governor ; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the legislature may direct. 3. The Governor shall be ineligible for the succeeding seven years after the expiration of the time for which he shall have been elected. 4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this State at least six years next preceding his elec tion. 5. He shall commence the execution of his office on the fourth Tuesday succeeding the day of the commence ment of the general election on which he shall be chosen, and shall continue in the execution thereof until the end of four weeks next succeeding the election of his succes sor, and until his successor shall have taken the oaths or affirmations prescribed by this Constitution. 6. No member of Congress, or person holding any of fice under the United States, nor minister of any reli gious society, shall be eligible to the office of Governor. 7. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. 8. He shall be commander-in-chief of the army and navy of this commonwealth, and of the militia thereof, CONSTITUTION Ol< KENTUCKY. iH3 except when they shall be called into the service of the United States ; but he shall not command personally in the field, unless he shall be advised so to do by a resolu tion of the general Assembly. 9. He shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are established by this Constitution or shall be established bylaw, and whose appointments are not herein otherwise provided for : Provided, that no person shall be so ap pointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken : Provided, also, that the county courts be authorized by law to appoint inspectors, collectors, and their deputies, surveyors of the highways, constables, jailers, and such other inferior officers, whose jurisdiction may be confined within the limits of a county. 10. The Governor shall have power to fill up vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of the next session. ] 1. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeach ment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the general Assembly; in which the power of pardoning shall be vested. 12. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. 13. He shall from time to time give to the general As sembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall deem expedient. 14. He may on extraordinary occasions convene the general Assembly at the seat of government, or at a differ ent place, if that should have become, since their last ad journment, dangerous from an enemy, or from contagious disorders ; and in case of disagreement between the two 1H1 CCLNST1TUTIO.N OF KE.VJLCKV. Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. 15. He shall take care that the laws be faithfully exe cuted. 16. A Lieutenant-Governor shall be chosen at every election for a Governor, in the same manner, continue in office for the same time, and possess the same qualifica tions. In voting for Governor and Lieutenant-Governor, the electors shall distinguish whom they vote for as Gover nor, and whom as Lieutenant-Governor. 17. He shall, by virtue of his office, be speaker of the Senate, have a right, when in committee of the whole, to debate and vote on all subjects ; and, when the Senate are equally divided, to give the casting vote. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the Lieutenant-Governor shall exercise all the power and authority appertaining to the office of Governor, until another be duly qualified, or the Governor absent or impeached shall return or be acquitted. 19. Whenever the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as Speaker of the Senate, the senators shall elect one of their own members as Speaker, for that occasion. And if, during the vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the Senate shall, in like manner, administer the government. 20. The Lieutenant-Governor, while he acts as Speaker to the Senate, shall receive for his services the same com pensation which shall for the same period be allowed to the Speaker of the House of Representatives, and no more ; and during the time he administers the government as Governor, shall receive the same compensation which the Governor would have received and been entitled to had he been employed in the duties of his office. 21. The Speaker pro tempore of the Senate, during the line he administers the government, shall receive in like CONSTITUTION OF KENTUCKY. 185 manner the same compensation which the Governor would have received had he been employed in the duties of his office. 22. If the Lieutenant-Governoi shall be called upon to administer the government, and shall, while in such ad ministration, resign, die, or be absent from the State during the recess of the general Assembly, it shall be the duty of the secretary, for the time being, to convene the Senate for the purpose of choosing a Speaker. 23. An attorney-general, and such other attorneys for the commonwealth as may be necessary, shall be appointed, whose duty shall be regulated bylaw. Attorneys for the commonwealth, for the several counties, shall be appointed by the respective courts having jurisdiction therein. 24. A secretary shall be appointed and commissioned during the term for which the Governor shall have been elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and pro ceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either House of the general Assembly, and shall perform such other duties as may be enjoined him by law. 25. Every bill which shall have passed both Houses shall be presented to the Governor : if he approve, he shall sign it, but if not, he shall return it with his objec tions, to the House in which it shall have originated, who shall enter the objections at large upon the journal, and proceed 1o reconsider it; if, after such reconsideration, a majority of all the members elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall be likewise con sidered, and if approved by a majority of all the members elected to that House, it shall be a law ; but in such cases the votes of both Houses shall be determined by yeas and nays, and the persons voting for and against the bill shall be entered on the journal of each House respectively ; if any bill shall not be returned by the Governor, within ten days (Sundays excepted) after it shall have been pre sented to him, it shall be a law in like manner as if he had signed it, unless the general Assembly by their ad- 16* 1&6 CONSTITUTION OF KENTUCKY. journment prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. 26. Every order, resolution, or vote, to which the con currence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Gover nor, and before it shall take effect, be approved by him ; or, being disapproved, shall be repassed, by a majority of all the members elected to both Houses, according to the rules and limitations prescribed in case of a bill. 27. Contested elections for a Governor and Lieute- nant-Governor shall be determined by a committee to be selected from both Houses of the general Assembly, and formed and regulated in such manner as shall be directed by law. 28. The freemen of this commonwealth (negroes, mu- lattoes, and indians excepted) shall be armed and disci plined for its defence. Those who conscientiously scru ple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 29. The commanding officers of the respective regi ments, shall appoint the regimental staff; brigadier-gene rals, their brigade-majors; major-generals, their aids ; and captains, the non-commissioned officers of companies. 30. A majority of the field-officers and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the Go vernor : Provided, that no nomination shall be made, un less two at least of the field-officers are present ; and when two or more persons have an equal and the highest number of votes, the field-officer present, who may be highest in commission, shall decide the nomination. 31. Sheriffs shall hereafter be appointed in the follow ing manner : when the time of a sheriff for any county may be about to expire, the county court for the same, a majority of all its justices being present, shall, in the months of September, October, or November, next pre ceding thereto, recommend to the Governor two proper persons to fill the office, who are then justices of the county court; and who shall in such recommendation pay a just regard to seniority in office and a regular rota tion. One of the persons so recommended shall be com- CONSTITUTION OF KENTUCKY. 187 missioned by the Governor, and shall hold his office for two years, if he so long behave well, and until a succes sor be duly qualified. If the county courts shall omit, in the months aforesaid, to make such recommendation, the Governor shall then nominate, and by and with the ad vice and consent of the Senate, appoint a lit person to fill such office. ARTICLE 4. Concerning the Judicial Department. SEC. 1. The judiciary power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of ap peals, and in such inferior courts as the general Assembly may from time to time erect and establish. 2. The court of appeals, except in cases otherwise di rected by this Constitution, shall have appellate jurisdic tion only ; which shall be co-extensive with the State, un der such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law. 3. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; but for any reasonable cause which shall not be sufficient ground of impeachment, the Governor shall remove any of them on the address of two-thirds of each House of the general Assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each House. They shall at stated times receive for their ser vices an adequate compensation to be fixed by law. 4. The judges shall, by virtue of their office, be con servators of the peace throughout the State. The style of all process shall be, " the commonwealth of Ken tucky." All prosecutions shall be carried on in the name and by the authority of the commonwealth of Ken tucky, and conclude, against the peace and dignity of the same. 5. There shall be established in each county, now, or which may hereafter be erected, within this common wealth, a county court. 133 CONSTITUTION OF KENTUCKY. 6. A competent number of justices of the peace shall be appointed in each county ; they shall be commission ed during" good behavior, but may be removed on convic tion of misbehavior in office, or of any infamous crime, or on the address of two-thirds of each House of the gene ral Assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, on the journal of each House. 7. The number of the justices of the peace to which the several counties in this commonwealth now establish ed, or which may hereafter be established, ought to be entitled, shall, from time to time, be regulated by law. 8. When a surveyor, coroner, or justice of the peace shall be needed in any county, the county court for the same, a majority of all the justices concurring therein, shall recommend to the Governor two proper persons to fill the office, one of whom he shall appoint thereto : Provided, however, that if the county court shall for twelve months omit to make such recommendation, after being requested by the Governor to recommend proper persons, he shall then nominate, and, by and with the ad vice and consent of the Senate, appoint a fit person to fill such office. 9. When a new county shall be erected, a competent number of justices of the peace, a sheriff, and coroner therefor, shall be recommended to the Governor by a ma jority of all the members of the House of Representa tives, from the senatorial district or districts in which the county is situated ; and if either of the persons thus re commended shall be rejected by the Governor or the Senate, another person shall immediately be recommend ed as aforesaid. 10. Each court shall appoint its own clerk, who shall hold his office during good behavior; but no person shall be appointed clerk, only pro tempore, who shall not pro duce to the court appointing him, a certificate from a ma jority of the judges of the court of appeals that he had been examined by their clerk in their presence, and un der their direction, and that they judge him to be well qualified to execute the office of clerk of any court of the CONSTITUTION OF KENTUCKY. 189 same dignity with that for which he offers himself. They shall be removable for breach of good behavior, by the court of appeal only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence. 11. All commissions shall be in the name, and by the authority of the State of Kentucky, and sealed with the state seal, and signed by the Governor. 12. The state treasurer, and printer or printers, for the commonwealth, shall be appointed annually by the joint vote of both Houses of the general Assembly : Provided, that, during the recess of the same, the Governor shall have power to fill vacancies which may happen in either of the said offices. ARTICLE 5. Concerning Impeachments. SEC. 1. The House of Representatives shall have the sole power of impeaching. 2. All impeachments shall be tried by the Senate ; when sitting for that purpose, the senators shall be upon oath or affirmation : no person shall be convicted without the concurrence of two-thirds of the members present. 3. The Governor and all civil officers shall be liable to impeachment for any misdemeanor in office ; but judge ment, in such cases, shall not extend further than to re moval from office, and disqualification to hold any office of honor, trust, or profit, under this commonwealth ; but the party convicted shall nevertheless be liable and sub ject to indictment, trial, and punishment, according to law. ARTICLE 6. General Provisions. SEC. 1. Members of the general Assembly and all offi cers, executive and judicial, before they enter upon the execution of their respec f ive offices, shall take the follow ing oath or affirmation " I do solemnly swear, (or af firm, as the case may be, that I will be faithful and true to the commonwealth of 1L intuckv, so lon^ as I continue 190 CONSTITUTION OF KENTUCKY. a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of , according to law." 2. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its ene mies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two wit nesses to the same overt act, or his own confession in open court. 3. Every person shall be disqualified from serving as a Governor, Lieutenant-Governor, Senator, or Represen tative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election. 4. Laws shall be made to exclude horn office, and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes and mis demeanors. The privilege of free suffrage shall be sup ported bylaws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practices. 5. No money shall be drawn from the treasury, but in pursuance of appropriations made by law, nor shall any appropriations of money, for the support of an army, be made for a longer time than one year ; and a regular statement and account of the receipts and expenditures of all public money shall be published annually 6. The general Assembly shall direct by law in what manner, and in what courts, suits may be brought against the commonwealth. 7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general As sembly the most solemn appeal to God. 8. All laws which, on the first day of June, one thou sand seven hundred and ninety-two, were in force in the State of Virginia, and which are of a general nature, and not local to that State, and not repugnant to this Consti tution, nor to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this State, until they shall be altered or repealed by the gmeral Assembly. CONSTITUTION OF KENTUCKY. 191 9. The compact with the State of Virginia, subject to such alterations as may be made therein, agreeably to the mode prescribed by the said compact, shall be considered as part of this Constitution. 10. It shall be the duty of the general Assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who ma.y choose that summary mode of adjustment. 11. All civil officers for the commonwealth at large shall reside within the State, and all district, county, or town officers, within their respective districts, counties, or towns, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be re quired by law: and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong. 12. The attorney-general, and other attorneys for this commonwealth, who receive a fixed annual salary from the public treasury, judges, and clerks of courts, justices of the peace, surveyors of lands, and all commissioned militia officers, shall hold their respective offices during good behavior, and the continuance of their respective courts, under the exceptions, contained in this Constitution. 13. Absence on the business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this com monwealth, under the exceptions contained in this Con stitution. 14. It shall be the duty of the general Assembly to re gulate by law, in what cases and what deduction from the salaries of public officers shall be made for neglect of dutv in their official capacity. 15. Returns of all elections for Governor, Lieu tenant- Governor, and members of the general Assembly, shall be made to the Secretary, for the time being. 16. In all elections by the people, and also by the Se nate and House of Representatives, jointly or separately, tne votes shall be personally and publicly given, viva voce. 17. No member of Congress, nor person holding or ex ercising any office of trust, or profit, under the United 192 CONSTITUTION OF KENTUCKY. States, or either of them, or under any foreign power, shall be eligible as a member of the general Assembly of this commonwealth, or hold or exercise any office of trust, or profit, under the same. 18. The general Assembly shall direct by law how persons who now are, or may hereafter become, securi ties for public officers, may be relieved or discharged on account of such securityship. ARTICLE 7. Concerning Slaves. SEC. 1. The general Assembly shall have no power to pass laws for the emancipation of slaves without the con sent of their owners, or without paying their owners, pre vious to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or de scription shall be continued in slavery by the laws of this State. They shall pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a charge to any county in this commonwealth. They shall have full power to prevent slaves being brought into this State as merchandise. They shall have full power to prevent any slaves being brought into this State, who have been, since the first day of January, one thousand seven hundred and eighty-nine, or may hereafter be, imported into any of the United States, from a foreign country. And they shall have full power to pass such laws as may be necessary to oblige the owners of slaves to treat them with humani ty, to provide for them necessary clothing and provision, to abstain from all injuries to them extending to life, or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of their owner or owners. 2. In the prosecution of slaves for felony, no inquest by a grand iury shall be necessary, but the proceedings in CONSTITUTION OF KKNTUCKY. l J3 such prosecutions shall be regulated by law : except that the general Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury. ARTICLE 8. SEC. 1. The seat of government shall continue in the town of Frankfort, until it shall be removed by law : Provided, however, that two-thirds of all the members elected to each House of the general Assembly shall con cur in the passage of such law. ARTICLE 9. Mode of Revising the Constitution. SEC. 1. When experience shall point out the necessity of amending th;s Constitution, and when a majority of all the members elected to each House of the general As sembly shall, within the first twenty days of their stated annual session, concur in passing a law, specifying the al terations intended to be made, for taking the sense of the good people of this State, as to the necessity and expe diency of calling a Convention, it shall be the duty of the several sheriffs, and other returning officers, at the next general election which shall be held for representatives after the passage of such law to open a poll for, and make return to the secretary, for the time being, of the names of all those entitled to vote for representatives, who have voted for calling a Convention ; and if there upon it shall appear that a majority of all the citizens of this State entitled to vote for representatives have voted for a Convention, the general Assembly shall direct that a similar poll shall be opened and taken for the nextyear; and if thereupon it shall appear that a majority of all the citizens of this State entitled to vote for representatives have voted for a Convention, the general Assembly shall, at their next session, call a Convention, to consist of as many members as there shall be in the House of Repre sentatives, and no more ; to be chosen in the same man ner and proportion, at the same places, and at the same time, that representatives are, by citizens entitled to vote for representatives ; and to meet within three months after 17 194 CONSTITUTION OF KENTUCKY, the said election, for the purpose of re-adopting, amending or changing this Constitution. But if it shall appear, by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for representatives did not vote for a Convention, a Convention shall not be called. ARTICLE 10. That the general, great, and essential principles of lib erty and free government may be recognized and esta blished, we declare : SEC. 1. That all free men, when they form a social compact, are equal ; and that no man or set of men are entitled to exclusive, separate, public emoluments or pri vileges, from the community, but in consideration of pub lic services. 2. That all power is inherent in the people, and all free governments are founded on their authority, and in stituted for their peace, safety and happiness : For the advancement of these ends, they have at all times an un- alienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think pro per. 3. That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences ; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent ; that no hu man authority ought, in any case whatever, to control or interfere with the rights of conscience ; and that no pre ference shall ever be given by law to any religious socie ties or modes of worship. 4. That the civil rights, privileges, or capacities of any citizen shall in no wise be diminished or enlarged on ac count of his religion. 5. That all elections shall be free and equal. 6. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate. 7. That printing presses shall be free to every person who undertakes to examine the proceedings of the legis- latu re or any branch of government ; and no law shall ever be made to restrain the rijrht thereof. The free com* CONSTITUTION OF KENTUCKY. 1<15 municatioti of thoughts and opinions is one of the invalua hie rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty. 8. In prosecutions for the publication of papers inves tigating the official conduct of officers, or men in a pub lic capacity, or where the matter published is proper for public information, the truth thereof may be given in evi dence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 9. That the people shall be secure in their persons, houses, papsrs, and possessions, from unreasonable seizures and searches ; and that no warrant to search any place or to seize any person or thing, shall issue without describing them as nearly as may be, nor without proba ble cause, supported by oath or affirmation. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel: to demand the nature and cause of the accusation against him : to meet the witnesses face to face: to have compulsory pro cess for obtaining witnesses in his favor : and, in prose cutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage ; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. 11. That no person shall, for any indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia, when in actual service, in time of war or public danger, by leave of the court, for oppression or misdemeanor in office. 12. No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man s property be taken or applied to public use without the consent of his representatives, and without just compen sation being previously made to him. 13. That all courts shall be open, and every person for any injury done him in his lands, goods, person, or re- I JO CONSTITUTION OF KENTUCKY. putation, shall have remedy by the clue course of law ; and right and justice administered without sale, denial, or delay. 14. That no power of suspending laws shall be exer cised, unless by the legislature or its authority. 15. That excessive bail shall not be required, nor ex cessive fines imposed, nor cruel punishments inflicted. 16. That all prisoners shall be bailable by sufficient se curities, unless for capital offences, when the proof is evi dent, or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re quire it. 17. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in pri son after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. 18. That no ex post facto law, nor any law impairing contracts, shall be made. 19. That no person shall be attainted of treason or felo ny by the legislature. 20. That no attainder shall work corruption of bloo l, nor, except during the life of the offender, forfeiture of estate to the commonwealth. 21. That the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 22. That the citizens have a right in a peaceable man ner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by pe tition, address, or remonstrance. 23. That the rights of the citizens to bear arms in de fence of themselves and the State shall not be questioned. 24. That no standing army shall, in time of peace, be kept up, without the consent of the legislature ; and the military shall, in all cases and at all times, be in strict subordination to the civil power. 25. That no soldier shall in time of peace, be quarter ed in any House without the consent of the owner, nor In time of war, but in a manner to be prescribed by laws- CONSTITUTION OF KENTUCKY. 197 26. That the legislature shall not grant any title of no bility, or hereditary distinction, nor create any office, the appointment to which shall be for a longer term than du ring good behavior. 27. That emigration from this State shall not be pro hibited. 28. To guard against transgressions of the high pow ers which we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate ; and that all laws contrary thereto, or contrary to this Consti tution, shall be void. SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the Constitution of this com monwealth, and in order to carry the same into complete operation, it is hereby declared and ordained : SEC. 1. That all laws of this commonwealth, in force at the time of making the said alterations and amend ments, and not inconsistent therewith, and all rights, ac tions, prosecutions, claims, and contracts, as well of in dividuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made. 2. That all officers now rilling any office or appoint ment, shall continue in the exercise of the duties of their respective offices or appointments for the terms therein expressed, unless by this Constitution it is otherwise di rected. 3. The oaths of office herein directed to be taken, may be administered by any justice of the peace, until the legislature shall otherwise direct. 4. The general Assembly, to be held in November next, shall apportion the representatives and senators, and lay off the State into senatorial districts conformable to the regulations prescribed by this Constitution. In fixing those apportionments, and in establishing those districts they shall take for their guide the enumeration directe; by law to be made in the present year, by the commis sioners ofjthe tax, and the apportionments thus made sha 198 CONSTITUTION OF KENTUCKY. remain unaltered until the end of the stated annual session of the general Assembly in the year eighteen hundred and three. 5. In order that no inconvenience may arise from the change made by this Constitution in the time of holding the general election, it is hereby ordained that the first election for Governor, Lieutenant-Governor, and members of the general Assembly, shall commence on the first Monday in May, in the year eighteen hundred. The persons then elected shall continue in office during the several terms of service prescribed by this Constitution, and until the next general election which shall be held after the said terms shall have respectively expired. The returns for the said first election of Governor and Lieu tenant-Governor shall be made to the secretary, within fifteen days from the day of election, who shall, as soon as may be, examine and count the same, in the presence of at least two judges of the court of appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election ; and if any person shall be equal and highest on the poll, the said judges and secretary shall determine the election by lot. 6. This Constitution, except so much thereof as is therein directed, shall not be in force until the first day of June, in the year eighteen hundred ; on which day the whole thereof shall take full and complete effect. Done in Convention, at Frankfort, the seventeenth day of August, one thousand seven hundred and ninety- nine, and of the independence of the United States of America the twenty-fourth. ALEXANDER S. BULLIT, P. C. 20277 M1GO118 THE UNIVERSITY OF CALIFORNIA LIBRARY