7////M 
 
 CONSTITUTIONS 
 
 t 
 
 o 
 
 OF THE JFis/'.'rut' *, % ' 
 
 UNITED STATES, 
 
 ACCORDING TO THE 
 
 LATEST AMENDMENTS: 
 
 
 TO WHICH ARE PREFIXED, 
 
 DECLARATION OF INDEPENDENCE 
 
 ND THE 
 
 WITH THE AMENDMENTS.. 
 
 This Edition contains the late Cbnftitutions of Vermont, Delaware, 
 Georgia, and Kentucky, with the Regulations for the Government of 
 the Territory north-weft cf the River Ohio; alfo, the Amendments to 
 the CcTiftitution of Maryland;—not in any former Edition. 
 
 —* 
 
 PHIhADEL PHIA : 
 
 PRINTED FOR ROBERT CAMPBELL 9 
 No. 30, Chefnut-ftreet. 
 
 x8oo» 
 
CONTENTS. 
 
 DECLARATION of Independence, - 
 Confitution of the United States, 
 Amendments to ditto, - 
 
 Confitution of New-Hampjhire, 
 Maffachufetts, 
 
 Charter of Rhode-If.and, 
 
 Confitution of Connecticut, 
 
 New-Tork, 
 
 New-Jerfey, 
 
 Pennfylvania, - 
 
 Delaware, - 
 
 Maryland , - 
 
 Amendments to ditto, 
 
 Confitution of Virginia, - 
 
 North-Carolina, - 
 
 South- Carolina, 
 
 Georgia, - 
 Vermont, - 
 
 T’enneffee, - 
 Kentucky, - 
 
 Ordinance of Congrefs for the government 
 
 territory north-wef oj the river Ohio, 
 
 ACt to provide for the government of ditto, 
 
 of the 
 
 Page 
 
 - V 
 
 X 
 
 xxiii 
 
 5 
 
 - 33 
 64 
 
 - 80 
 
 83 
 
 - 97 
 
 103 
 
 12 3 
 141 
 
 163 
 
 164 
 170 
 l8o 
 
 192 
 
 210 
 
 - 225 
 242 
 
 26J 
 
 272 
 
C.CAMPBUI.L 
 
 DECLARATION OF INDEPENDENCE. 
 
 A D E C LA R. ATION, by the Reprefentati'vcs of the Urn ted 
 States of America , in Ccngrefs afj'embled , July 4 , 1776 . 
 
 W HEN, in the courfe of human events, it becomes 
 neceftary for one people to diiiblve the political 
 bands which have connected them with another, and to 
 affurne among the powers of the earth, the feparate and 
 equal ftation to which the laws of nature and of nature’s 
 God entitle them, a decent refpecft to the opinions of man¬ 
 kind requires that they fhould declare the caufes which im¬ 
 pel them to the reparation. 
 
 We hold thefe truths to be felf evident—that all men are 
 created equal ; that they are endowed by their Creator with 
 certain unalienable rights ; that among thefe are life, liberty, 
 and the purfuit of happinefs. That, to fecnre thefe rights, 
 governments are inftituted among men, deriving their juft 
 powers from the confent of the governed ; that whenever 
 any form of government becomes deftru&ive of thefe ends, 
 it is the right of the people to alter or to abolifh it, and to 
 inftitute newgovernmenf, laying its foundation on fuch princi¬ 
 ples, and organizing its powers in fuch form, as to them fttall 
 feem moft likely to effect their fafety and happinefs. Pru¬ 
 dence, indeed, will dictate, that governments long eftablilhed 
 fhould not be changed for light and tranfient caufes; and 
 accordingly all experience hath fhewn, that mankind are 
 more difpofed to fufFer, while evils are fufferable, than to 
 right themfelves by abolifhing the forms to which they are 
 accuftomed. But when a long train of abufes and ufurpations, 
 purfuing invariably the fame objeff, evinces a delign to re¬ 
 duce them under abfoiute defpotifm, it is the*ir right, it is 
 their duty, to throw off fuch government, and to provide 
 new guards for their future fecurity. Such has been the 
 patient fufferance of thefe colonies ; and fuch is now the 
 neceffity which conft rains them to alter their former fyftems of 
 government. The hiftory of the prefent King of Great Britain 
 is a hiftory of repeated injuries and ufurpations, all having 
 in direct object the eftablilhment ot an abfoiute tyranny over 
 
 a 
 
VI 
 
 DECLARATION OK 
 
 thefe States. To prove this, let faCls be fubmitted to a can¬ 
 did world. 
 
 ■ He has refufed his afient to laws, the irioft w’holefome and 
 necefiary for the public good. 
 
 He has forbidden his Governors to pafs laws of immediate 
 and [reffing importance, unlefs fufpended in their operation, 
 till his aflent fhould be obtained : and, when fo fufpended, 
 he has utterly neglected to attend to them. 
 
 He has refufed to pafs other laws, for the accommodation 
 of large difiridts of people, unlefs thofe people would relin- 
 quifh the right of reprefentation in the Legislature—a right 
 intflimable to them, and formidable to tyrants only. 
 
 Ele has called together legiflative bodies, at places unufual, 
 uncomfortable, and diftant from the depofitory of their public 
 records, for the foie purpofe of fatiguing them into compli¬ 
 ance with his meafures. 
 
 hie has diffolved Reprefentative Houfes repeatedly, for 
 oppofing, with manly firmnefs, his invalions on the rights of 
 the people. 
 
 He has refufed, for a long time after fuch diifolutions, to 
 caufe others to be eledled ; whereby the legiflative powers, 
 incapable of annihilation, have returned to the people at 
 large, for their exercife ; the date remaining, in the mean 
 time, expofed to all the danger of invafion from without, and 
 convulfions within. 
 
 He has endeavoured to prevent the population of thefe 
 dates ; for that purpofe obftrudling the laws for naturaliza¬ 
 tion of foreigners ; refufing to pafs others, to encourage their 
 migration hither, and railing the conditions of new appropri¬ 
 ations of lands. 
 
 fie has obftru&ed the adminidration of judice, by refufing 
 his adent to laws, for edablifhing Judiciary Pow ers. 
 
 He has made Judges dependent on his will alone, for the 
 tenure of their offices, and the amount and payment of their 
 
 falaries. 
 
 He has eretted a multitude of new offices, and fent hither 
 fwarms of officers, to harrafs our people, and eat out their 
 fubftance. 
 
 He has kept among us, in times of peace, danding armies, 
 without the confent of our Legiflatures. 
 
 He has affe&ed to render the military independent of, and 
 fuperior to, the civil power. 
 
INDEPENDENCE. 
 
 • • 
 
 He has combined with others, to fubjcCl us to a jurifdic- 
 tion, foreign to our Conftitution, and unacknowledged by 
 our laws ; giving his a (Tent to their aCts of pretended iegifla- 
 tion : — 
 
 For quartering large bodies of armed troops among us :—- 
 
 For protecting them, by a mock trial, from ponifhment for 
 any murders which they fhould commit on the inhabitants of 
 thefe ftutes :—• 
 
 For cutting off our trade with all parts of the world :—• 
 
 For impodng taxes on us without otir confent :— 
 
 For depriving us, in many cafes, of the benefits of trial by 
 jury :— 
 
 For tranfporting us beyond feas* to be tried for pretended 
 offences 
 
 For abolifhing the free fyftem of Englifh laws in a neigh¬ 
 bouring province, eftablifliing therein an arbitrary govern¬ 
 ment, and enlarging its boundaries fo as to render it at once 
 an example and fit inftrument, for introducing the fame abfo- 
 lute rule into thefe colonies :—- 
 
 For taking away our charters, abolifliing our mod valua¬ 
 ble laws, and altering fundamentally the forms of our govern¬ 
 ments : — 
 
 For fufpending our own Legislatures, and declaring them- 
 Pelves invefled with power, to legiflate for us in ail cafes 
 whatfoever. 
 
 He has abdicated government here, by declaring us out of 
 his protection, and waging war againd us. 
 
 He has plundered our Peas,, ravaged our coafts, burnt our 
 towns, and deftroyed the lives of our people. 
 
 Fie is, at this time,, tranfporting large armies of foreign 
 mercenaries, to complete the works of death, defolation, and 
 tyranny, already begun,, with circumftances of cruelty and 
 perfidy, fcarcely paralleled in the mod barbarous ages, and 
 totally unworthy the head of a civilized nation. 
 
 He has conftrained our fellow citizens, taken captive on 
 the high feas, to bear arms againft their country, to become 
 the executioners of their friends and brethren, or. to fall them- 
 felves by their hands. 
 
 He has excited domeftic infurreClions amongft us, and has 
 endeavoured tabling on the inhabitants of our frontiers, the 
 mercilefs Indian favages, whofe known rule of warfare is an 
 undidinguifhed deft radion of all ages, fexes* and conditions. 
 
vm 
 
 DECLARATION OB' 
 
 In every Bage of thefe oppreflions, we have petitioned for 
 red refs, in the moft humble terms: our repeated petitions have 
 been anfwered only by repeated injury, A prince whole 
 character is thus marked, by every ad, which may define a 
 tyrant, is unfit to be the ruler of a free people. 
 
 Nor have we been wanting in attention to our Britifh bre¬ 
 thren. We have warned them, from time to time, of at¬ 
 tempts made by their Legislature, to extend an unwarrantable 
 jurifbidion over us. We have reminded them of tire circum- 
 Hances of our emigration and fettlement here. We have ap- 
 pealeu to their native juftice and magnanimity, and we have 
 conjured them, by the ties of our common kindred, to dif- 
 avow thefe usurpations, which would inevitably interrupt our 
 conncdions and correfpondence. They, too, have been deaf to 
 the voice of j ullice and of confanguinity. We muff, therefore, 
 acquiefce in the neceflity, which denounces our reparation, 
 arid hold them, as we hold the reH of mankind—enemies in 
 war;—in peace, friends. 
 
 We, therefore, the Reprefentatives of the United States of 
 America, in General Congrefs afTembled, appealing to the 
 Supreme Judge of the world, for the reditude of our inten¬ 
 tions,’Do, in the name and by the authority o; the good peo¬ 
 ple of thefe colonies, folemnly publifh and declare, that thefe 
 United Colonies are, and, of right, ought to be free, and 
 independent {fates:—that they are abfolved from all allegi¬ 
 ance to the Britifh crown, and that all political connexion, be¬ 
 tween them and the ftate of Great Britain, is and ought to 
 be totally diffolved ; and that, as free and independent Hates, 
 they have full power to levy war, conclude peace, contrad 
 alliances, eifabUfh commerce, and to do all other ads and 
 things which independent Hates may of right do. And for the 
 fnpport of this declaration, with a firm reliance on the pro- 
 tedion of Divine Providence, we mutually pledge to each 
 other our lives, our fortunes, and our facred honour. 
 
 Signed by order and in behalf of the Congrefs, 
 
 JOHN HANCOCK, Prefident. 
 
 Attefled. 
 
 Charles Thomson, Secretary. 
 
 New - IIa 7npjb i re . 
 
 jofiah Bartlett, William Whipple, Matthew Thornton. 
 
INDEPENDENCE. 
 
 Mqffachufetls- Bay, 
 Samuel Adams, 
 
 John Adams, 
 
 Robert Treat Paine, 
 Elbridge Gerry. 
 
 Rhode-IJland , tBc, 
 Stephen Hopkins, 
 William Ellery. 
 
 Connecticut, 
 Roger Sherman, 
 
 Sam lei Huntington, 
 William Williams, 
 Oliver Wolcott. 
 
 New-York, 
 William Floyd, 
 
 Philip Li.ingfton, 
 Francis Lewis, 
 
 Lewis Morris. 
 
 New-Jerfey,. 
 Richard Stockton, 
 
 John Witherfpoon, 
 Francis Hopkinfon, 
 
 John Hart, 
 
 Abraham Clark. 
 
 Pennfylroania .. 
 Robert Morris, 
 
 Benjamin Rufh, 
 
 Benjamin Franklin, h * 
 John Mortor,. 
 
 George Clymer, 
 
 James Smith, 
 
 George Taylor, 
 
 James Wilfon, 
 
 George Rofs. 
 
 Del aw a re, 
 
 CaTar Rodney, 
 
 George Read. 
 
 Maryland . 
 
 Samuel Chafe, 
 
 William Paca, 
 
 Thomas Stone, 
 
 Charles Carroll, of Carrollto'8 
 Virginia, 
 
 George Wythe, 
 
 Richard Henry Lee, 
 
 Thomas Jefferfon, 
 
 Benjamin Harrifon, 
 
 Thomas Nelfon, j un. 
 
 Francis Lightfoot Lee, 
 
 Carter Braxton. 
 
 No rth - C a roll n a ; 
 William Hooper, 
 
 Jofeph Hewes, 
 
 John. Peen. 
 
 S outh -Ca rol'ma, 
 Edward Rutledge, 
 
 Thomas Heyward, jun. 
 Thomas Lynch, jun. 
 
 Arthur Middleton. 
 
 Georgia, 
 
 Button Gwinnett, 
 
 Lyman Hall, 
 
 George Walton, 
 
X 
 
 CONSTITUTION OF THE 
 
 UNITED STATES. 
 
 C Ihe CONSTITUTION framed for the United States of 
 America , by a Convention of Deputies from the fates of 
 Nevj-HampJhire , Maffachufetts, Connecticut, New- York, 
 Neva-fafey, Fennfylvania , Delaware, Maryland, Virginia , 
 N orth-Carolina , South-Carolina , and Georgia , at *z feffioii 
 hi gun May 2y, and ended September I 7, 1787. 
 
 W E, the people of the United States, in order to form 
 a more perfect union, edablifh judice, infure domef- 
 r.ic tranquillity, provide for the common defence, promote the 
 general welfare, and fecure the Meltings of liberty to our- 
 felves and our poderity, do ordain and edablifh this condi- 
 Union for the United States of America. 
 
 ARTICLE I. Section I. 
 
 All legiilative powers herein granted, (hall be vefted in a 
 Congrefs of the United States, which (hall confid of a Senate 
 and Houfe of Reprefentatives. 
 
 Section II. 
 
 I. The Houfe of Reprefentatives fhalFcondft of Members 
 chofen every fecond year, by the people/of the feveral dates : 
 
 and the electors in each Hare, ihall 
 
 ve the qualifications 
 erous branch of the 
 
 tative, who (hall not 
 -five years, and been 
 ates ; and who fhall 
 t date in which he 
 
 reuuidte for electors of the mod 
 
 * 
 
 date Legiilature. 
 
 II. No perfon fhall be a Repref 
 have attained to the age of twenty 
 feven years a citizen ofythe Unit 
 not, when elected, be ^m/inhabitant 
 fnall be chofen. ^ 
 
 III. Reprefentatives and direct taxes, fhall uesapportioned 
 among the feveral dates, whi<nTrp£y be included within this 
 onion, according to their fCfpeftTve numbers, wTTfCtTfhall be 
 determined by adding to the whole number of free perfons, 
 including thofe bound to fervicc for a term of years, and 
 excluding Indians not taxed, three-fifths of all other perfons. 
 The actual enumeration fnall be made within three years 
 after the fird meeting of the Congrefs of the United States ; 
 and within every fubfequent term of ten years, iafuchman- 
 
UNITED STATES. 
 
 xi 
 
 tier ?s they fhall by law, direft. The number of Reprefen., 
 tatives fhall not exceed one for every thirty thoufand : bu$k 
 each date fhall have at lead: one Reprefentative : and, until ^ 
 fuch enumeration (hall be made, the ftate of New-Hampfhire 
 fhall be entitled to choofe three; Maffachufetts eight; 
 Rhede-Ifland and Providence Plantations one ; Connecticut 
 five ; New-York fix ; New Jerfey four ; Pennfylvania eight; 
 Delaware one ; Maryland fix ; Virginia ten; North-Carolina 
 five ; South-Carolina five ; and Georgia three. 
 
 IV. When vacancies happen in the reprefentation from any' 
 ftate, the executive authority thereof fhall iiTue writs of 
 elections to fill fuch vacancies. 
 
 V. The Houfeof Reprefentatives fhall choofe their Speaker 
 and other officers; and fhall have the foie power of impeach¬ 
 ment. 
 
 Section III. 
 
 I. The Senate of the United States fhall be compofed of 
 two Senators from each ftate, chofen by the Legiflature 
 thereof, for fix years : and each Senator fhall have one vote. 
 
 II. Immediately after they fhall be afTembled, in confe- 
 
 cjuence of the firft election, they fhall be divided, as equally 
 as may' be, into three claffes. The feats of the Senators of 
 the firft clafs fhail be vacated at the expiration of the fecond 
 year; of the fccond clafs, at the expiration of the fourth 
 year ; and of the third clafs, at the expiration of the fixth 
 year ; fo that one tjwrd may be chofen every fecond year. 
 And if vacancies hap^lfr., by refignalion or otherwife, during 
 the recefs of the Leliflature of any ftate, the executive 
 thereof may make temporary appointments until the next 
 meeting of the Legiflature, which fhall then fill fuch va¬ 
 cancies. .. 
 
 III. No perfon fnall be a Senator, who fhall not have 
 attained to the age of thirty years, and been nine years a 
 citizen of the United States; and who fhall not, when elected 
 be an inhabitant of that ftate for which he fhail be chofen. 
 
 IV. The Vice-Prefident of the United States fhall be 
 Prefident of the Senate ; but fhall have no vote unlefs they 
 be equally divided. 
 
 V. The Senate, fliall choofe their other officers, and alfo 
 a Prefident pro-tempore ; in the abfence of the Vice-Prefident,, 
 
xu CONSTITUTION OF THE 
 
 or when he fhall exercife the office of Prefident of the United 
 otates. 
 
 VI. The Senate (hall have the foie power to try all im¬ 
 peachments. When fitting for that purpofe, they fnall be on 
 oath or affirmation. When the Prefident of the United States 
 is tried, the Chief Juftice fhall prefide : and no petfon fhalI 
 be convi&ed, without the concurrence of two-thirds of the 
 members prefent. 
 
 VII. Judgment, in cafes of impeachment, (hall not extend 
 further than to removal from office, and difqualification to 
 hold and enjoy any office of honour, truft, or profit, under 
 the United States. But the party convi&ed fhal), neverthelcfs, 
 be liable and fu'njeft to indiftment, trial, judgment, and 
 puniihment according to law. 
 
 Section IV. 
 
 I. The times, places, and manner of holding elefrions for 
 Senators and Reprefentatives, fhall be prefcribed in each ftate 
 by the Legifiature thereof: but the Congrefs may, at any 
 time, by law, make or alter fuch regulations, except as to 
 the places of choofing Senators. 
 
 II. The Congrefs (hall affemble at lead once in every 
 year; and fuch meeting fhall be on the firft Monday in 
 December, unlefs they fhall by law appoint a different day. 
 
 Section V. 
 
 I. Each Houfe {hall be the judge of the ele&ions, returns 
 and qualifications of its own members ; and a majority of 
 each fnall conftitute a quorum to do bufinefs : but a fmaller 
 number may adjourn from day to day, and may be authorized 
 to compel the attendance of abfent members, in fuch manner, 
 and under fuch penalties as each Houfe may provide. 
 
 II. Each Houfe may determine the rules of its proceedings; 
 punifh its members for diforderly behaviour ; and, with the 
 concurrence of two-thirds, expel a member. 
 
 HI. Each Houfe fhall keep a journal of its proceedings ; 
 and, from time to time, pcblilh the fame, excepting fuch parts 
 as may in their judgment require fecreey : and the yeas and 
 nays, of the members of either Houfe, on any queftion, fhall, 
 at .the defire of one-fifth of thofe prefent, be entered on the 
 journal. 
 
UNITED STATES. 
 
 Xlil 
 
 IV. Neither Houfe, during the feiTion of CongrefV final!, 
 without the confent of the other, adjourn tor more than three 
 days, nor to any other 
 Houfes {hall be fitting. 
 
 Section VI. 
 
 I. The Senators and Reprefentatives fhall receive a com- 
 penfation for their fervices, to be afcertained by law, and 
 paid out of the treafury of the United States. They fhall, in 
 all cafes, except treafon, felony, and breach of the peace, be 
 privileged from arreft, during their attendance at the fefiion 
 of their refpeftive Houfes, and in going to, and returning 
 from the fame : and for any fpeech or debate in either Iioufe, 
 they fhall not be queflioned in any other place. 
 
 II. No Senator or Pveprefentative fhall, during the time 
 for which he was eieCled, be appointed to any civil office, 
 under the authority of the United States, which fnall have 
 been created, or the emoluments of which fnall have been 
 increafed, during fuch time : and no perfon, holding any 
 office under the United States, fhall be a member of either 
 Houfe, during his continuance in office. 
 
 Section VII. 
 
 I. All bills, for railing revenue, fhall originate in the 
 Houfe of Reprefentatives : but the Senate fhall propofe or 
 concur with amendments, as on other bills. 
 
 II. Every bill, which fhall have paffed the Houfe of Re¬ 
 prefentatives and the Senate, fhall, before it become a law, 
 be prefented to the Prefident of the United States. If he 
 approve, he fhall fign it: but if not, he fhall return it, with 
 his objections, to that Houfe, in which it fhall have origi¬ 
 nated, whofhail enter the objections at large on their journal* 
 and proceed to reconfider it. If, after fuch reconfideration, two- 
 thirds of that Houfe fhall agree to pafs the bill, it fhall be 
 fent, together with the objections, to the other Houfe, by 
 which it ihall likewife be reeonfidered : and, if approved by 
 two-thirds of that Houfe, it fhall become a law. But, in all 
 fuch cafes, the votes of both Houfes fhall be determined by 
 yeas and nays : and the names of the perfcns voting for 
 and again!! the bill, fhali be entered on the journal of 
 each Houfe refpeCtiveiy. If any bill fhall not be returned by 
 
 place than that in which the two 
 
XlV 
 
 CONSTITUTION OF THE 
 
 E re ^denf, within t6n days (Sundays excepted) after it 
 .•{hall have been puff y.',..d to him, the fame (hall be a law, in 
 like manner as if he had ligned it, unlefs the Congrefs, by 
 their adjournment, prevent its return ; in which cafe it fhall 
 not be a law. 
 
 III. Every order, refolution, or vote, to which the. con¬ 
 currence of the Senate and Houfe of Reprefentatives may be 
 neceffary (except on a queftion of adjournment) fhall be pre- 
 fented to the Prefident of the United States ; and, before 
 the fame fhall take effect, be approved by him; or, being 
 difapproved by him, fhall be repaffed by two-thirds of both 
 Houfes, according to the rules and limitations prefcribed in 
 the cafe of a bill. 
 
 . ■ —a,. 
 
 Section VIII. 
 
 The Congrefs fhall have power— 
 
 I. To lay and colleft taxes, duties, impofls, and excifes, to 
 pay the debts, and provide for the common defence, and gene¬ 
 ral welfare of the United States : but all duties, impofls, and 
 excifes, fhall be uniform throughout the United States. 
 
 II. To borrow' money on the credit of the United States. 
 
 III. To regulate commerce with foreign nations, and 
 among the feveral ftates, and with the Indian tribes. 
 
 IV. To eflablifh an uniform rule of naturalization, and 
 uniform laws on the fubjef! of bankruptcies, throughout the 
 United States. 
 
 V. To coin money ; regulate the value thereof, and of 
 foreign coin ; ; n 1 fix the flandardof weights and meafureis. 
 
 VI. To provide for the punifhment of counterfeiting the 
 fecurities and current coin of the United States.’ 
 
 VII. To eflablifh poll offices and poll roads. 
 
 VIII. To promote the progrefs of fcience and ufeful arts, 
 by fecuring for limited times, to authors and inventors, the 
 exciulive right to their refpedive writings and difcoveries. j 
 
 IX. To conftitute tribunals inferior to the Supreme Court. 
 
 X. To define and punifn piracies and felonies committed on 
 the high feas, and offences againfl the law of nations. 
 
 XI. To declare war ; grant letters of marque and reprifal; 
 and make rules concerning captures on land and water. 
 
 XII. To raife and fupport armies. But no appropriation 
 of money for that ufe, fhall be for a longer term than two 
 years. 
 
UNITED STATES. 
 
 xv 
 
 XIII. To provide and maintain a navy. 
 
 XIV. To make rules for the government and regulation of 
 the land and naval forces. 
 
 XV. To provide for calling forth the militia to execute 
 the laws of the union, lupprefs infurreCtions, and repel in- 
 v aliens. 
 
 XVI. To provide for organizing, arming, and difeiplining 
 the militia, and for governing fuch part of them as may be 
 employed in the fervice of the United States; referving to 
 the Hates refpedively the appointment of the officers, and the 
 authority of training the militia according to the difeipline 
 prescribed by Congrefs. 
 
 XVII. To exercife exclufive legiflation, in all cafes what- 
 foever, over fuch diHrift (not exceeding ten miles fquare) as 
 may, by ceffion of particular Hates, and the acceptance of 
 Corgrefs, become the feat of the government of the United 
 States ; and to exercife like authority over all places pur- 
 chafed by the confent of the Legiilature of the Hate in which 
 the fame fhall be, lor the erection of forts, magazines, arfe- 
 nals, dock-yards, and other needful buildings ; and 
 
 XVIII. To make all laws, which fhall be neceffary and 
 proper for carrying into execution the foregoing powers, and 
 2 11 other powers veHcd by this conHitution in the government 
 of the United States, or in any department or officer thereof. 
 
 Section IX. 
 
 T. The migration or importation of fuch perfons, as any 
 of the Hates now exilling (hall think proper to admit, fhall 
 not be prohibited by the Congrefs, prior to the year one 
 thoufand eight hundred and eight ; but a tax or duty may 
 be impofed on fuch importation, not exceeding ten dollars 
 for each perfon. 
 
 II. The privilege of the writ of habeas corpus fhall not 
 be fufpended, unlefs when, in cafes of rebellion or invafion, 
 the public fafety may require it. 
 
 III. No bill of attainder or ex poH fa&o law fhall be 
 palled. 
 
 IV. No capitation or other direct tax fhall be laid, unlefs 
 in proportion to the cenfus or enumeration herein before 
 directed to be taken. 
 
XVI 
 
 CONSTITUTION OF THE 
 
 V. No tax or duty fliall be laid on articles exported from 
 any date. No preference fhall be given, by any regulation of 
 commerce or revenue, to the ports of one date, over thofe of 
 another: nor fhall vedels, bound to or from one date, be 
 obliged to enter, clear, or pay duties in another. 
 
 VI. No money lhall be drawn from the treafury, but in 
 confequence of appropriations made by law ; and a regular 
 datement and account of the receipts and expenditures of all 
 public money (hall be publifhed from time to time. 
 
 VIJ. No title of nobility lhall be granted by the United 
 States : And no perfon, holding any office of profit or trufl 
 under them, fhall, without the'eonfent of Congrefs, accept of 
 any prefent, emolument, office or title, of any kind whatever, 
 from any king, prince, or foreign date. 
 
 Section X. 
 
 I. No date fhall enter into any treaty, alliance or confe¬ 
 deration ; grant letters of marque and repriffil; coin money; 
 emit bills of credit ; make any thing but gold and filver coin 
 a tender in payment of debts ; pais any bill of attainder, ex 
 pod fa&o law, or law impairing the obligation of contra&s, 
 or grant any title of nobility. 
 
 II. No date fhall, without the confent of Congrefs, lay any 
 impods or duties on imports er exports, except what may be 
 abfolutely neceflary for executing its infpe&ion laws ; and the 
 net produce of all duties and impods laid by any date, on 
 imports or exports, fliall be for the ufe of the treafury of the 
 United States ; and all fuch laws lhall be fubjeft to the revi- 
 fion and control of the Congrefs. No dat? lhall, without the 
 confent of Congrefs, lay any duty on tonnage, keep troops, 
 or fliips of war, in time of peace, enter into any agreement or 
 compadf with another date, or with a foreign power, or en¬ 
 gage in war, unlefs actually invaded, or in fuch imminent 
 danger as w ill not admit of delay. 
 
 ARTICLE II. Section I. 
 
 I. The executive power fhall be veded in a Prefident of 
 the United States of America. He fhall hold his office during 
 the term of four years, and, together with the Vice-Prefident, 
 chofen for the fame term, be eleclecbas follows: 
 
UNITED STATES. 
 
 xvii 
 
 II. Each flate (hall appoint, in fuch manner as the Legif- 
 lature thereof may direct, a number of electors, equal to the 
 whole number of Senators and Reprefentatives, to which the 
 ftate may be entitled in the Congrefs. Rut no Senator, or 
 Reprefentative, or perfon holding any office of truft or profit, 
 under the United States, fhall be appointed an elector. 
 
 III. The electors fhall meet in their refpeflive hates, and 
 vote by ballot for two perfons, of whom one, at leaft, (hall 
 not be an inhabitant of the fame ftate with themfelves. And 
 they fhall make a lift of all the perfons voted for, and of the 
 number of rotes for each ; which lift they fhall fign and cer¬ 
 tify, and tranfmit fealed to the feat of the government of the 
 United States, directed to the Prefident of the Senate. The 
 Prefident of the Senate fhall, in the prefence of the Senate 
 and Houfe of Reprefentatives, open all the certificates, and 
 the votes fhall then be counted. The perfon having the greateft 
 number of votes fhall be the Prefident, if fuch number be a 
 majority of the whole number of electors appointed ; and if 
 there be more than one who have fuch majority, and have an 
 equal number of votes, then the Houfe of Reprefentatives 
 fhall immediately choofe by ballot one of them for Prefident : 
 and if no perfon have a majority, then, from the five higheft 
 on the lift, the faid Houfe fhall in like manner choofe the 
 Prefident. But in cnoofing the Prefident, the votes fhall be 
 taken by ftates, the reprefentation from each ftate having 
 one vote : a quorum for this purpofe fhall confift of a mem¬ 
 ber or members from two-thirds of the ftates: and a majoriry 
 of all the ftates fhall be neceftary to a choice. In every cafe 
 after the choice of the Prefident, the perfon having the 
 greateft number of votes of the ele&ors, fhall be the Vice- 
 Prefident. But if there fhould remain two or more, who have 
 equal votes, the Senate fhall choofe from them, by ballot, the 
 Vice-Prefident. 
 
 IV. The Congrefs may determine the time of choofing 
 the eleftors, and the day on which they fhall give their votes; 
 which day fhall be the fame throughout the United States. 
 
 V. No perfon, except a natural born citizen, or a citizen 
 of the United States, at the time of the adoption of this 
 conftitution, fhall be eligible to the office of Prefident. Nei¬ 
 ther fhall any perfon be eligible to that office, who fhall net 
 
 b 
 
Kviii CONSTITUTION OF Tilff 
 
 have attained to the age of thirty-five years, and been four¬ 
 teen years a refident within the United States. 
 
 VI. In cafe of the removal of the Prefident from office, or 
 of his death, refignation, or inability to difcharge the powers 
 and duties of the faid office, the fame (hall devolve on the 
 Vice-Prefident ; and the Congrefs may, by law, provide for 
 the cafe of removal, death, refignation. or inability, both of 
 the Prefident and Vice-Prefident, declaring what officer fhall 
 then aft as Prefident i and fuch officer fhall aft accordingly, 
 until the difability be removed, or a Prefident fhall be elefted. 
 
 VII. The Prefident fhall, at flated times, receive for his 
 fervices, a compenlation, which fhall neither be increafed nor 
 diminifhed, during the period for which he {hall have been 
 elefted : and he fhall not receive, within that period, any 
 other emolument from the United States, or any of them. 
 
 VIII. Before he enter on the execution of liis office, he 
 fhall take the following oath or affirmation : 
 
 “ I do folemnly fwear (or affirm) that X will faithfully 
 u execute the office of Prefident of the United States; and 
 6C will, to the befl of my ability, preferve, proteft, and 
 €( defend the conftitution of the United States .** 
 
 Section II. 
 
 I. The Prefident fhall be Commander in Chief of the army 
 and navy of the United States, and of the militia of the 
 feveral dates, when called into the aftual fervice of the United 
 States. He may require the opinion, in writing, of the prin¬ 
 cipal officers in each of the executive departments, upon any 
 fubjeft relating to the duties of their refpeftive offices : and 
 he fhall have power to grant reprieves and pardons, for 
 offences again!! the United States, except in cafes of im¬ 
 peachment. 
 
 II. He fhall have power, by and with the advice and con- 
 fent of the Senate, to make treaties, provided two-thirds of 
 the Senators prefent concur: and he fhall nominate, and by 
 and with the advice and confent of the Senate, fhall appoint 
 Ambaffadcrs, other public minifters and Confuls, Judges of 
 the Supreme Court, and all other officers of the United States, 
 whofe appointments are not herein otherwife provided for, 
 and which fhall be eftablifhed by law. But the Congrefs may, 
 by law, veil the appointment of fuch inferior officers, as they 
 
UNITED STATES. 
 
 xix 
 
 think proper, in the President alone, in the courts of law, or 
 in the heads of departments. 
 
 III. The Prefident (hall have power to fill up all vacancies 
 that may happen, during the recefs of the Senate, by granting 
 commiffions, which fhall expire at the end of their next 
 feffion. 
 
 Section III. 
 
 He {hall, from time to time, give to the Congrefs inform¬ 
 ation of the Hate of the union ; and recommend to their con- 
 ^deration fuch meafures as he {hall judge necdfary and expe¬ 
 dient. He may, on extraordinary occafions, convene both 
 Houfes, or either of them y and,- in cafe of difagreeraent 
 between them, with refpedl to the time of adjournment, he 
 may adjourn them to fuch time as he {hall think proper. He 
 fnall receive ambaffadors and other public minifters. He {hall 
 take care that the laws be faithfully executed : and {hail 
 
 J J 
 
 commiffion all the officers of the United States. 
 
 Section IV. 
 
 The Prefident, Vice-Prefident, and all civil officers of the 
 United States, fliall be removed from office, on impeachment 
 for, and convi&ion of, treafon, bribery, or other high crimes 
 and mifdemeanors. 
 
 ARTICLE III. Section I. 
 
 The judicial power of the United States fhall be veiled in 
 one Supreme Court, and in fuch inferior courts, as the Con¬ 
 grefs may, from time to time, ordain and efiablifh. The 
 Judges, both of the Supreme and Inferior Courts, {hall hold 
 their offices during good behaviour ; and fliall, at ftated times, 
 receive for their fiervices, a compenfation, which fliall not be 
 diminiihed during their continuance in office. 
 
 Section II. 
 
 I. The judicial power fhall extend to all cafes, in law and 
 equity, arifing under this conflitution, the laws of the United 
 States, and treaties made, or which fliall be made, under their 
 authority; to all cafes affedting ambaffadors, other public 
 minifters, and confuls; to all cafes of admiralty and mari¬ 
 time jurisdiction ; to controverftes to which the United States 
 
XX 
 
 CONSTITUTION OF THE 
 
 (hall be a party, to controverfies between two or more dates, 
 /between a date and citizens of another date, between citi- 
 ^ zens of different dates, between citizens ©f the fame flate 
 claiming lands under grants of different dates, and between a 
 date, or the citizens thereof, and foreign dates, citizens, or 
 fubjefts. 
 
 II. In all cafes, affecting ambadhdors, other public minif- 
 ters, and confuls, and thofe in which a date fhall be a party, 
 the Supreme Court fhall have original jurifdiftion. In all the 
 other cafes before mentioned, the Supreme Court fhall have 
 appellate jurifdidtion, both as to law and faff, with fuen 
 exceptions, and under fuch regulations, as the Congrefs fhall 
 make. 
 
 III. The trial of all crimes, except in cafes of impeach¬ 
 ment, fhall be by jury ; and fuch trial fhall be held in the 
 date where the faid crimes fhall have been committed; but 
 when not committed within any date, the trial fhall be at 
 fuch place or places, as the Congrefs may by law have 
 directed. 
 
 Section III. 
 
 I. Treafon againd the United States fhall confid only in 
 levying war againd them, or in adhering to their enemies, 
 giving them aid and comfort. No perfon fhall be convided 
 of treafon unlefs on the tedimony of two witneffes to the 
 fame overt aft, or on confefdon in open court. 
 
 II. The Congrefs fnall have power to declare the punifh- 
 ment of treafon ; but no attainder of treafon fhall work cor¬ 
 ruption of blood, or forfeiture, except during the life of the 
 perfon attainted. 
 
 ARTICLE IV. Section I. 
 
 Fall faith and credit fhall be given, in each date, to the 
 public afts, records, and judicial proceedings of every other 
 date. And the Congrefs may, by penal laws, preferibe the 
 manner in which fuch afts, records, and proceedings fhall be 
 proved and the effect thereof. 
 
 Section II. 
 
 I. The citizens of each date fhall be entitled to all the 
 privileges and immunities of citizens in the feveral dates. 
 
UNITED STATES. 
 
 y.y* 
 
 II. A perfon charged in any flate with treafon, felony, 
 cr other crime, who ftiall flee from juftice, and be found in 
 another flate, {hall, on demand of the executive authority of 
 the flate from which he fled, be delivered up, to be removed 
 to the flate, having jurifdiclion of the crime. 
 
 III. No perfon, held to fervice or labour in one flate, 
 under the laws thereof, efcaping into another, (hall, in con- 
 fequence of any law or regulation therein, be difcharged 
 from fuch fervice ordabour; but fhali be delivered up on 
 claim of the party to whom fuch fervice or labour may be 
 due. 
 
 Section III. 
 
 I. New ftates may be admitted by the Congrefs into this 
 union ; but no new flate fhall be formed or erected within the 
 jurifdifticn of any other flate—nor any flate be formed by 
 the junction of two or more ftates or parts of ftates—without 
 the confent of the Legiflatures of the ftates concerned as well 
 as of the Congrefs. 
 
 II. The Congrefs fhali have power to difpofe of, and 
 make all needful rules and regulations refpefring the territory 
 ©r other property belonging to the United States: and no¬ 
 thing in this conftitution fhali be fo conftrued, as to prejudice 
 any claims of the United States, or of any particular flate. 
 
 Section IV. 
 
 The United States fhali guarantee to every flate in this 
 union, a republican form of government; and fhali protect 
 each of them againft invafton, and on application of the Le- 
 giflature, or of the executive (when the Legiflature cannot be 
 convened) againft domeftic violence. 
 
 ARTICLE V. 
 
 The Congrefs, whenever two-thirds of both Houfes fhali 
 deem it neceffary, fhali propofe amendments to this conftitu¬ 
 tion, or on the application of the Legiflatures of two-thirds 
 of the feveral ftates, fhali call a convention for propoftng 
 amendments, which, in either cafe, fhali be valid to all 
 intents and purpofes, as part of this conftitution, when rati¬ 
 fied by the Legiflatures of three-fourths of the feveral ftates, 
 or by conventions in three-fourths thereof, as the one or the 
 
CONSTITUTION OF THE 
 
 xxii 
 
 other mode of ratification may be propofed by the Congrefs; 
 Provided, that no amendment, which may be made prior to 
 the year one thousand eight hundred and eight, fha’l in any 
 manner affeft the firfl and fourth claufes in the ninth feftion 
 of the firft article ; and that no ftate, without its confent, 
 lhall be deprived of its equal fuffrage in the Senate. 
 
 ARTICLE VI. 
 
 I. All debts contracted, and engagements entered into, 
 before the adoption of this conftitution, fnall be as valid 
 againft the United States, under this conftitution as under 
 the confederation. 
 
 II. This conftitation, and the laws of the United States 
 which lhall be made in purfuance thereof, and all treaties 
 made, or which (hall be made, under the authority of the 
 United States, lhall be the fupreme law of the land, and the 
 Judges, in every Hate, lhall be bound thereby, any thing in 
 the conftitution or laws of any ftate to the contrary notwith- 
 ftanding. 
 
 III. The Senators and Repreferstatives before mentioned, 
 and the members of the feveral ftate Legiflatures, and all 
 executive and judicial officers, both of the United States and 
 of the feveral ftates, lhall be bound, by oath or affirmation, to 
 fupport this conftitution; but no religious teft lhall ever be 
 required as a qualification to any office or public trgft under 
 the United States. 
 
 ARTICLE VII, 
 
 The ratification of the conventions of nine ftates lhall be 
 fufficient for the eftablifhment of this conftitution between 
 the ftates fo ratifying the fame. 
 
 Done in convention, by the unanimous confent of the ftates 
 prefent, the fevenieenth day of September, in the year 
 of our Lord one thoufand feven hundred and eighty- 
 feven, and of the Independence of the United States of 
 America the twelfth. In witnefs whereof we have here¬ 
 unto fubfcribed our names. 
 
 GEORGE WASHINGTON, Prefdent, 
 
 and Delegate from Virgima » 
 New-Hampjh i re . Majfachufetts % 
 
 John Langdon, Nathaniel Gorham, 
 
 Nicholas Gilman, Rufus King. 
 
UNITED 
 
 Connecticut, 
 
 William Samuel johnfon, 
 Roger Sherman. 
 
 New - York, 
 Alexander Hamilton. 
 
 New-Jerfey. 
 William Livingilon, 
 
 David Brearley, 
 
 William Patterfon, 
 
 Jonathan Dayton. 
 
 Pennfylvania, 
 Benjamin Franklin, 
 
 Thomas Mifflin, 
 
 Robert Morris, 
 
 George Clymer, 
 
 Thomas Fitzlimons, 
 
 Jared Ingerfoll, 
 
 James Wilfon, 
 
 Gouverneur Morris. 
 
 Delaware, 
 
 George Reed, 
 
 Gunning Bedford, junior, 
 
 Atteft. WI 
 
 STATES. xxiii 
 
 John Dickinfon, 
 
 Richard Ballet, 
 
 Jacob Broom. 
 
 Maryland, 
 
 James M‘Henry, 
 
 Daniel of St. Thomas Jenifer, 
 Daniel Carrol. 
 
 Virginia, 
 
 John Blair, 
 
 James Madifon, junior. 
 
 North- Carolina, 
 William Blount, 
 
 Richard Dobbs Spaight, 
 
 Hugh Williamfon. 
 
 South-Carolina, 
 
 John Rutledge, 
 
 Charles Cotefworth Pinckney, 
 Charles Pinckney, 
 
 Pierce Butler. 
 
 Georgia, 
 
 William Few, 
 
 Abraham Baldwin. 
 
 AM JACKSON, Secretary, 
 
 AMENDMENTS. 
 
 The following ARTICLES in addition to f and amendment of, 
 the Confutation of the United States , having been ratified by 
 the Legijlatures of nine JlateSy are equally obligatory with 
 the Conjlitution itfelf, 
 
 I. CONGRESS iliall make no law refpedting an eftablifh- 
 ment of religion, or prohibiting the free exercife thereof, or 
 abridging the freedom of fpeech, or of the prefs ; or the right 
 of the people peaceably to affemble, and to petition the go¬ 
 vernment for a redrefs of grievances. 
 
 II. A well regulated militia being neceflary to the fecu- 
 rity of a free Bate, the right of the people to keep and bear 
 arms (hall not be infringed. 
 
 III. No foldier fhall, in time of peace, be quartered in 
 any houfe, without the confent of the owner; nor in time of 
 war, but in a manner to be prefcribed by law. 
 
XXIV” 
 
 AMENDMENTS, &c. 
 
 IV. The right of the people to be fecure in their perfons, 
 / houfes, papers, and effeds, againft unreafonable fearches and 
 
 feizures, fhall nor be violated ; and no warrants fhall iffue, 
 but upon probable caufe, fupported by oath or affirmation— 
 and particularly defending the place to be fearched, and the 
 perAns or things to be fefzed. 
 
 V. No perfon fhall be held to anfwer for a capital or 
 otherwise infamous crime, unlefs on a prefentment or in¬ 
 dictment of a grand jury, except in cafes arifing in the land 
 or naval forces, or in the militia, when in a&ual fervice, in 
 time of war, or public danger : nor fhall any perfon be fub- 
 jed, for the fame offence, to be twice put in jeopardy of life 
 or limb ; nor fhall be compelled in any criminal cafe, to be 
 vvitnefs againft himfelf; nor be deprived of life, liberty, or 
 property, without due procefs of law : nor fhall private pro¬ 
 perty be taken for public life, without juft compenfation. 
 
 VI. In all criminal profeeutions, the accufed fhall enjoy 
 the right to a fpeedy and public trial, by an impartial jury, 
 of the ftate and diftrid, wherein the crime fhall have been 
 committed; which diftrid fhall have been previoufly afeer. 
 tained by law ; and to be informed of the nature and caufe 
 of the accnfation ; to be confronted with the witneffes againft 
 him; to have compulfory procefs for obtaining witneffes in his 
 favour ; and to have the affiftanceof counfel for his defence. 
 
 VII. In fuits at common law, where the value in contro- 
 verfy, fhall exceed twenty dollars, the right of trial by jury 
 fhall be preferved ; and no fad tried by a jury, fhall be other- 
 wife re-examined in any court of the United States, than 
 according to the rules of the common law. 
 
 VIII. Exceffive bail fhall not be required; nor exceffive fines 
 impofed ; nor cruel and unufual punifhments infiided. 
 
 IX. The enumeration, in the conftitution of certain rights, 
 fhall not be conftrued to deny or difparage others, retained by 
 the people. 
 
 X. The powers, not delegated to the United States, by 
 the conftitution, nor prohibited by it to the ftates, are referv- 
 ed to the^ ftates refpedively, or to the people. 
 
 XI. The judicial power of the United States fhall not be 
 conftrued to extend to any fuit in law or equity, commenced 
 or profecuted againft one of the United States by citizens of 
 another ftate, or by citizens or fubjeds of any foreign ftate. 
 
CONSTITUTIONS, &c 
 
 NEW-HAMPSHIRE. 
 
 The Conftitution of Ne<w~Hampjhtre, as altered and amended 
 by a Convention of Delegates , held at Concord , in faid State , 
 by adjournment , on the fecund Wednefday of February , 
 M,DCC,XCII. 
 
 Part I. 
 
 BILL OF RIGHTS. 
 
 Article I. \ LL Men are born equally free and indepen- 
 JLjL dent : Therefore, all Government., of rights 
 originates from the People, is founded in confent, and insti¬ 
 tuted for the general good. 
 
 II. All men have certain natural, efiential, and inherent 
 rights—among which are, the enjoying and defending life 
 and liberty ; acquiring, pofleffing, and protecting property , 
 and, in a word, of feeking and obtaining happinefs. 
 
 III. When men enter into a ftatc of fociety, they furren- 
 der up fome of their natural rights to that fociety, in order to 
 enfure the protection of others; and, without fuch an equi¬ 
 valent, the furrender is void. 
 
 IV. Among the natural rights, fome are, in their very 
 nature, unalienable, becaufe no equivalent can be given or 
 received for them. Of this kind are the Rights of Confcience . 
 
 V. Every individual has a natural and unalienable right to 
 worfhip God according to the dictates of his own confcience, 
 and reafon ; and no fubjeCt fhall be hurt, molefted, or re- 
 ftrained, in his perfon, liberty, or eftate, for worfhipping 
 God in the manner and feafon moft agreeable to the dictates 
 of his own confcience, or for his religious profeftion, fenti- 
 ments, or perfuafion ; provided he doth not difturb the pub¬ 
 lic peace, or difturb others in their religious worlhip. 
 
 VI. As morality and piety, rightly grounded on evangeli- 
 
 B 
 
6 
 
 CONSTITUTION OF 
 
 cal principles, will give the beft and greateft fecurity to Go¬ 
 vernment, and will lay, in the hearts of men, the ftrongeft 
 obligations to due fubjedion ; and as the knowledge of thefe 
 is moft likely to be propagated through a fociety, by the in- 
 ftitutiofi of the public worfhip of the Deity, and of public 
 inftrudion in morality and religion ; therefore, to promote' 
 thofe important purpofes, the people of this State have a right 
 to empower, and do hereby fully empower, the Legislature, 
 to authorife, from time to time, the feveral towns, parifhes, 
 bodies corporate, or religious focieties, within this State, to 
 make adequate provifion, at their own expenfe, for the fup- 
 port and maintenance of public Proteftant teachers of piety, 
 religion, and morality : 
 
 Provided not'ivithjland'ing , That the feveral towns, parifhes, 
 bodies corporate, or religious focieties, {hall, at all times, 
 have the exclufive right of electing their own public teachers, 
 and of contrading with them for their fupport and mainte¬ 
 nance. And no perfon, of any one particular religious fed 
 or denomination, fhall ever be compelled to pay towards the 
 fupport of the teacher or teachers of another perfuafion, fed, 
 or denomination. 
 
 But this fhall not be conftrued to free a perfon from the 
 obligation of his own contrad, on his pretence of changing 
 his religious perfuafion after making the contrad. 
 
 And whenever a Minifter is fettled by any incorporated 
 town or parifh, any perfon diftfenting fhall have liberty, either 
 at the meeting, or previous to the ordination of the Minifter, 
 or within one month after the vote obtained for his fettlement, 
 to enter his diftent, with the Town or Parifh Clerk, againft 
 paying, or contributing toward the fupport of fuch Minifter; 
 and all minors who, after fuch fettlement, fhall come of age, 
 and all inhabitants of fuch town or parifh who are abfent 
 from the fame at the time of fuch meeting or fettlement, and 
 all perfons who, after fuch fettlement, move into fuch town 
 or parifh to reftde, fhall have three months from the time of 
 their coming of full age, returning into town, or moving in 
 to reftde, as aforefaid, refpedively, to enter their diftent, with 
 the Town or Parifh Clerk, as aforefaid. 
 
 A.nd all perfons who do not enter their diftent, as afore¬ 
 faid, fhall be bound by the major vote of fuch town or parifh ; 
 and it fhall be confidered as their voluntary contrad ; but all 
 
NEW-HAMPSHIRE. * 
 
 perfons who enter their diflent, as aforefaid, fliall not be 
 bound by the vote of fiich town or parifh, or confidered as 
 party to fuch contract, or in any way be compelled to con¬ 
 tribute towards the fupport of the Minifter; nor fhall any 
 perfon be compelled to contribute towards the fupport of the 
 Minifter, who fhall change from the feft or denomination 
 of which he profeffed to be when he fettled, to any other 
 perfuafion, feet, or denomination. 
 
 And every denomination of Chriftians, demeaning them- 
 felves quietly, and as good fubjedts of the State, fhall be 
 equally under the protection of the law : And no fubordina- 
 tion of any one feet or denomination to another, fhall ever be 
 eflablifued by law. 
 
 And nothing herein fliall be underftood to afreCt any former 
 contracts made for the fupport of the miniftry ; but all fuch 
 contracts fhall remain, and be in the fame fcate as if this 
 Conftitution had not been made. 
 
 VII. The people of this State have the foie and excluhve 
 right of governing themfelves as a free, fovereign, and Inde¬ 
 pendent State; and do, and forever hereafter fhal!, exercife 
 and enjoy every power, jurifdidtion, and right, pertaining 
 thereto, which is not, or may not hereafter be, by them ex- 
 plefsly delegated to the United States of America in Congrefs 
 aiTembled. 
 
 VIII. All power refiding originally in, and being derived 
 from, the people, all the magiftrates and officers of govern¬ 
 ment are their i'ubftitutes and agents, and at all times account¬ 
 able to them, 
 
 IX. No office or place whatfoever, in government, fhall 
 be hereditary—the abilities and integrity requifite in all, 
 not being tranfmiffible to pofterity or relations. 
 
 X. Government being inftituted for the common benefit, 
 protection and fecurity, of the whole community, and not 
 for the private intereft or emolument of any one man, family, 
 or clafs of men ; therefore, whenever the ends of government 
 are perverted, and public liberty manifeftly endangered, and 
 all other means of redrefs are ineffe&ual, the people may, and 
 of right ought to, reform the old, or eftablifh a new govern¬ 
 ment. The do&rine of non-refiftance againft arbitrary pow¬ 
 er, and oppreffion, is abfurd, fiavifh, and deilru&ive of the 
 good and happinefs of mankind* 
 
s 
 
 CONSTITUTION OF 
 
 XI. All eledions ought to be free, and every inhabitant, 
 of the State, having the proper qualifications, has equal right 
 to eled, and be eleded, into office. 
 
 XII. Every member of the community has a right to be 
 proteded by it, in the enjoyment of his life, liberty and pro¬ 
 perty ; he is therefore bound to contribute his fhare in the ex- 
 penfe of fuch protedion, and to yield his perfonal fervice 
 when neceffary, or an equivalent. But no part of a man’s 
 property (ball be taken from him > or applied to public ufes, 
 without his own confent, or that of the reprefentative body 
 of the people. Nor are the inhabitants of this State con- 
 srolable by any other laws than thofe to which they, or their 
 reprefentative body, have given their confent. 
 
 XIII. No perfon who is confcientioufly fcrupulous about 
 the lawfulnefs of bearing arms, {hall be compelled thereto, 
 provided he will pay an equivalent. 
 
 XIV. Every fubjed of this State is entitled to a certain 
 remedy, by having recourfe to the laws, for all injuries he 
 may receive in his perfon, property or charader; to obtain 
 right and juftice freely, without being obliged to purchafe 
 it; completely, and without any denial; promptly, and 
 without delay ; conformable to the laws. 
 
 XV. No fubjed fhall be held to anfwer for any crime, or 
 offence, until the fame is fully and plainly, fubftantially and 
 formally, deferibed to him : or be compelled to accufe or 
 furnilh evidence again!! himfelf. And every fubjed fhall have 
 a right to produce all proof* that may be favourable to him¬ 
 felf ; to meet the witneffes againll him, face to face ; and to 
 be fully heard in his defence, by himfelf, and counfel. And 
 no fubjed fhall be arretted, iraprifoned, defpoiled, or de¬ 
 prived of his property, immunities, or privileges, put out of 
 the protedion of the law, exiled or deprived of his life, li¬ 
 berty, or ettate, but by the judgment of his peers, or the 
 law of the land. 
 
 XVI. No fubjed {hall be liable to be tried, after an acquit- 
 al, for the fame crime or offence. Nor {hall the Legifiature 
 make any law that {hall fubjed any perfon to a capital puniftu 
 ment, (excepting for the government of the army and navy, 
 and the militia in adual fervice) without trial by jury. 
 
 XVII. In criminal profecutions, the trial of fads, in the 
 vicinity where they happen, is fo effential to the fecurity of 
 
NEW-HAMPSHIRE. 
 
 9 
 
 the life, liberty, and eftate, of the citizens, that no crime or 
 offence ought to be tried in any other county than that in 
 w hich it is committed ; except in cafes of general infurreftion 
 in any particular county, when it fnall appear to the Judges 
 of the Superior Court, that an impartial trial cannot be had 
 in the county where the offence may be committed, and up¬ 
 on their report, the Legiflature fnall think proper to direct the 
 trial in the neared county in which an impartial trial can be 
 obtained. 
 
 XVIII. All penalties ought to be proportioned to the na¬ 
 ture of the offence. No wife Legiflature will affix the fame 
 punifnment to the crimes of theft, forgery, and the like, 
 which they do to thofe of murder and treafon : Where the 
 fame undiflinguifhing feverity is exerted againft all offences, 
 the people are led to forget the real diftindlion in the crimes 
 themfelves, and to commit the mod flagrant with as little com- 
 punfiion as they do the lighted offences : For the fame reafon 
 a multitude of fanguinary laws is both impolitic and unjuft. 
 The true defign of all punifhments being to reform, not to 
 exterminate, mankind. 
 
 XIX. Every fubjefl hath a right to be feeure from ail un- 
 reafonable fearches and feizures of his perfow, his houfes, his 
 papers and all his poffeflions. Therefore, all warrants to 
 fearch fufpe&ed places, or arred a perfon for examination or 
 trial, in profecutions for criminal matters, are contrary to 
 this right, if the caufe or foundation of them be not pre- 
 vioufly fupported by oath or affirmation ; and if the order in 
 a warrant to a civil officer, to make fearch in fufpefted 
 places, or to arred one or more fufpefted perfons, or to feize 
 their property, be not accompanied with a fpecial defignation 
 of the perfon or objects of fearch,. arred, orfeizure; and no 
 warrant ought to be iffued, but in cafes, and with the formal¬ 
 ities, prefcribed by law. 
 
 XX. In all controverfies concerning property, and in all 
 fuits between two or more perfons, excepting in cafes where¬ 
 in it hath been heretofore otherwife ufed and pra&ifed, the 
 parties have a right to a trial by Jury ; and this right fhall be 
 deemed facred and inviolable ; but the Legiflature may, by 
 the Conduction, be empowered to make fuch regulations as 
 will prevent parties from having as many trials by Jury, in the 
 fame fuit or a&ion, as hath been heretofore allowed and prac^ 
 
 B 2 
 
10 
 
 CONSTITUTION OF 
 
 tifed, and to extend the civil jurifdi&ion of Juftices of the 
 Feace to the trials of fuits where the fum demanded in damag¬ 
 es doth not exceed four pounds, faving the right of appeal to 
 either party : But no fuch regulations fhall take away the 
 right of a trial by Jury, in any cafe not in this article before 
 excepted, unlefs in cafes refpefting mariners’ wages. 
 
 XXI. In order to reap the fulleft advantage of the ineftima- 
 ble privilege of the trial by Jury, great care ought to be tak¬ 
 en, that none but qualified perfons fhould be appointed to 
 ferve; and fuch ought to be fully compenfated for their tra¬ 
 vel, time and attendance. 
 
 XXII. The LIBERTY OF THE PRESS is effential to 
 the fecurity of freedom in a State : It ought, therefore, to be- 
 inviolably preferved. 
 
 XXIII. Retrofpe&ive laws are highly injurious, opprefiive, 
 and unjuft. No fuch laws, therefore, fhould be made, either 
 for the decifion of civil caufes, or the punifhment of offences. 
 
 XXIV. A well regulated militia is the proper, natural, 
 and fure defence, of a State. 
 
 XXV. Standing armies are dangerous to liberty, and ought 
 not to be raifed, or kept up, without the confent of the Le¬ 
 giflature. 
 
 XXVI. In all cafes, and at all times, the military ought to 
 be under ftrift fubordination to, and governed by, the civil 
 power. 
 
 XXVII. No foldier, in time of peace, fhall be quartered 
 in any houfe, without the confent of the owner ; and in time 
 of war, fuch quarters ought not to be made but by the civil 
 magiftrate, in a manner ordained by the Legiflature. 
 
 XXVIII. Nofubfidy, charge, tax, impolt, or duty, (hall 
 be eftablifhed, fixed, laid or levied, under any pretext what¬ 
 soever, without the confent of the people, or their reprefeti- 
 tativesin the Legiflature, or authority derived from that body. 
 
 XXIX. The power of fufpending the laws, or the execu¬ 
 tion of them, ought never to be exercifed, but by the Legifla- 
 lure, or by authority derived therefrom, to be exercifed in 
 fuch particular cafes only as the Legiflature fhall exprefsly 
 provide for. 
 
 XXX. The freedom of deliberation, fpeech, and debate, 
 in either Houfe of the Legiflature, is fo effential to the rights 
 $£ the people, that it cannot be the foundation of any aftion, 
 
NEW-HAMPSHIRE. 
 
 i i 
 
 complaint* or profecution, in any other Court or place what- 
 foever. 
 
 XXXI. The LegiHature fhall aflemble for the redrefs of 
 public grievances, and for making fuch laws as the public 
 good may require. 
 
 XXXil. The people have a right, in an orderly and peace¬ 
 able manner, to aflemble and confult upon the common good, 
 give inftru&ions to their Reprefentatives, and to requeft of the 
 Legiflative Body, by way of petition or remonftrance, redrefs 
 of the wrongs done them, and of the grievances they fufler. 
 
 XXXIII. No Magiftrate, or Court of Law, fliall demand 
 exceflive bail or fureties, impofe exceflive fines,, or inflict 
 cruel or unufual punifhments. 
 
 XXXIV. No perfon can, in any cafe, be fubje&ed to law* 
 martial, or to any pains or penalties by virtue of that law, 
 except thofe employed in the army or navy, and except the 
 militia in adlual fervice, but by authority of the LegiHature. 
 
 XXXV. It is eflential to the prefervation of the rights of 
 every individual, his life, liberty, property and character, 
 that there be an impartial interpretation of the laws and ad- 
 miniftration of juftice. It is the right of every citizen to 
 be tried by Judges as impartial as the lot of humanity will 
 admit. It is therefore not only the beft policy, but for the 
 fecurity of the rights of the people, that the Judges of the 
 Supreme Judicial court fhould hold their offices fo long as they 
 behave well; fubjedl, however, to fuch limitations, on ac¬ 
 count of age, as may be provided by the Conftitution of the 
 Hate; and that they lhould have honourable falaries, afcer- 
 tained and eftablilhed by {landing laws. 
 
 XXXVI. CEconomy being a moft eflential virtue in all 
 States, efpecially in a young one ; no penfion (hall be grant¬ 
 ed, but in confideration of aftual fervices; and fuch penflons 
 ought to be granted with great caution, by the LegiHature, 
 and never for more than one year at a time. 
 
 XXXVII. In the government of this State, the three eflen¬ 
 tial powers thereof, to wit, the Legiflative, Executive, and 
 Judicial, ought to be kept as feparate from, and independent 
 of, each other, as the nature of a free government will admit, 
 or as is confiftent with that chain of connexion that binds the 
 whole fabric of the Conflitution in one indifloluble bond of 
 union and amity, 
 
I 2 
 
 CONSTITUTION OF 
 
 XXXVIII. A frequent recurrence to the fundamental prin¬ 
 ciples of the Conftitution, and a conftant adherence to juft ice, 
 moderation, temperance, induftry, frugality, and all the fa¬ 
 cial virtues, are indifpenfrbly neceffary to preferve the blef- 
 fings of liberty and good government; the people ought, 
 therefore, to have a particular regard to all thofe principles 
 in the choice of their officers and Reprefentatives: And they 
 have a right to require of their law-givers and magiftrates, 
 an exa<ft and conftant obfervance of them, in the formation 
 and execution of the laws neceffary for the good adminiftra- 
 tion of government. 
 
 Part IT. 
 
 FORM OF GOVERNMENT. 
 
 THE people inhabiting the territory formerly called the 
 Province of New-Hasnpfhire, do hereby folemnly and mutu¬ 
 ally agree with each other, to form themfelves into a free, 
 favereign, and independent Body-Politic, or State, by the 
 name of the State of Nenv-Hampjbire . 
 
 GENERAL COURT. 
 
 THE Supreme Legillative Power, within this State, fhalL 
 be veiled in the Senate and Houfe of Reprefentatives, each 
 of which (hall have a negative on the other. 
 
 The Senate and Houfe (hall affemble every year on the laft 
 Wednefday of O&ober, and at fuch other times as they may 
 judge neceffary ; and (hall diffolve, and be diffolved, feven 
 days next preceding the faid laft Wednefday of Oftober ; and 
 (hall be (tiled THE GENERAL COURT OF NEW- 
 H AMPS HIRE. 
 
 The General Court (hall forever have full power and autho¬ 
 rity to ereft and conftitute Judicatories and Courts of Record, 
 or other Courts, to be holden in the name of the State, for 
 the hearing, trying, and determining, all manner of crimes, 
 offences, pleas, proceffes, plaints, actions, caufes, matters, 
 and things whatfaever, arifing or happening within this State, 
 or between or coneerning perfans inhabiting or refiding, or 
 brought within, the fame, whether the fame be criminal or 
 civil, or whether the crimes be capital, or not capital, and 
 whether the faid pleas be real, perfanal, or mixed ; and for 
 the awarding and iffuing execution thereon. To which 
 Courts and Judicatories, are hereby given and granted, full 
 
NEW-HAMPSHIRE* 
 
 J 3 
 
 power and authority, from time to time, to adminifter oaths 
 or affirmations, for the better difcovery of truth in any mat¬ 
 ter in controverfy, or depending before them. 
 
 And farther, full power and authority are hereby given and 
 granted to the faid General Court, from time to time, to 
 make, ordain, and eftablifti, all manner of wholefome and 
 reafonable orders, laws, ftatutes/ ordinances, directions, and 
 inftruCtions, either with penalties, or without, fo as the fame 
 be not repugnant or contrary to this Conftitution, as they 
 may judge for the benefit and welfare of this State, and for 
 the governing and ordering thereof, and of thefubjeCts of the 
 fame, for the neceflary fupport and defence of the govern¬ 
 ment thereof; and to name and fettle annually, or provide by 
 fixed laws for the naming and fettling, all civil officers within 
 this State; fuch officers excepted, the election and appoint¬ 
 ment of whom are hereafter in this form of government other- 
 wife provided for ; and to fet forth the feveral duties, powers, 
 and limits, of the feveral civil and military officers of this 
 State, and the forms of fuch oaths or affirmations as {hall be 
 refpeCtively adminiftered unto them, for the execution of their 
 feveral offices and places, fo as the fame be not repugnant or 
 contrary to this Conftitution; and alfo to impofe fines, 
 mulCis, imprifonments, and other punifhments; and to im¬ 
 pofe and levy proportional and reafonable affelfments, rates, 
 and taxes, upon all the inhabitants of, and refidents within, 
 the faid State ; and upon all eftates within the fame ; to be if- 
 fued and difpofed of by warrant, under the hand of the Go¬ 
 vernor of this State for the time being, with the advice and 
 confent of the Council, for thc"public fervice, in the necelfa- 
 ry defence and fupport of the government of this State, and 
 the protection and prefervation of the fubjeft thereof, accord¬ 
 ing to fuch aCls as are, or {hall be, in force within the fame. 
 
 And while the public charges of government, or any part 
 thereof, (hall be affelfed on polls and eftates in the manner 
 that has heretofore been praCtifed ; in order that fuch alfelf- 
 ments may be made with equality, there {hall be ; a valuation 
 of the eftates within the State taken anew once in every five 
 years at leaft, and as much oftener as the General Court {hall 
 order. 
 
 No member of the General Court {hall take fees, be of 
 counfel, or aft as advocate, in any caufe before either branch 
 
14 
 
 CONSTITUTION OF 
 
 of the Legiflature; and upon due proof thereof, fuch mem¬ 
 ber fhall forfeit his feat in the Legiflature. 
 
 The doors of the galleries, of each houfe of the Legiflature, 
 fhall be kept open to all perfons who behave decently, except 
 when the welfare of the State, in the opinion of either branch> 
 fiiall require fecrecy. 
 
 SENATE. 
 
 THE Senate fhall confifl of thirteen members, who (hall 
 bold their office for one year, from the laft Wednefday of 
 Oftober next enfuing their election. 
 
 And that the State may be equally reprefented in the Se¬ 
 nate, the Legiflature fnall, from time to time, divide the 
 State into thirteen diftri&s, as nearly equal as may be with¬ 
 out dividing towns and unincorporated places; and in mak¬ 
 ing this divifion, they fhall govern themfelves by the propor¬ 
 tion of public taxes paid by the faid diurifts, and timely make 
 known to the inhabitants of the State the limits of each dif- 
 trift. 
 
 The freeholders and other inhabitants of each diftridt, qua¬ 
 lified as in this Conflitution is provided, fhall annually give 
 in their votes for a Senator, at fume meeting holden in the 
 month of March. 
 
 The Senate fhall be the flrfl: branch of the Legiflature ; and 
 the Senators fnall be chofen in the following manner, viz. 
 Every male inhabitant, of each town, and parifh with town 
 privileges, and places unincorporated, in this State, of twefr- 
 ty-one years of age and upwards, excepting paupers, and per¬ 
 fons excufed from paying taxes at their own requeft, fhall 
 have a right, at the annual or other meetings of the inhabitants 
 of faid towns and parishes, to be duly warned and holden an¬ 
 nually forever in the month of March, to vote in the town or 
 parifh wherein he dwells, for the Senators in the county or 
 diftridt whereof he is a member. 
 
 Provided neverthelef$> That noperfon fhall be capable of be¬ 
 ing eledted a Senator, who is not feized of a freehold eftate, 
 in his own right, of the value of two hundred pounds, lying 
 within this State, who is not of the age of thirty years, and 
 who fhall not have been an inhabitant of thf$ State for feven 
 years immediately preceding his election, and at the time 
 thereof he fhall be an inhabitant of the district for which ho 
 fhall be chofen. 
 
NEW-HAMPSHIRE. 
 
 And every perfon, qualified as the Conftitution provides, 
 (hall be confidered an inhabitant for the purpofe of electing 
 and being eleCted into any office or place within this State, in 
 the town, pariffi, and plantation, where he dwelleth and 
 hath his home. 
 
 And the inhabitants of plantations and places unincorpo¬ 
 rated, qualified as this Conftitution provides, who are or fhall 
 be required to afieis taxes upon themfelves towards the fup- 
 port of government, or fhall be taxed therefor, fhall have the 
 fame privilege of voting for Senators, in the plantations and 
 places wherein they refide, as the inhabitants of the refpeCiive 
 towns and parilhes aforefaid have. And the meetings of fuch 
 plantations and places for that purpofe, fhall be holden annu¬ 
 ally in the month of March, at fuch places refpeCtively there¬ 
 in as the afieffors thereof fhall direct; which affefiors fhall have 
 like authority for notifying the electors, collecting and re¬ 
 turning the votes, as the Sele&men and Town-Clerks have 
 in their feveral towns by this Conftitution. 
 
 The meetings for the choice of Governor, Council, and 
 Senators, fhall be warned, by warrant, from the Sele&men, 
 and governed by a Moderator, who fhall, in the prefence of 
 the Selectmen, (whofe duty it fhall be to attend) in open meet¬ 
 ing, receive the votes of all the inhabitants of fuch towns and 
 parifhes prefent, and qualified to vote for Senators; and fhall, 
 in faid meetings, in prefence of the faid Seleftmen and of the 
 Town-Clerk, in faid meeting, fort and count the faid votes, 
 and make a public declaration thereof, with the name of every 
 perfon voted for, and the number of votes for each perfon : 
 And the Town-Clerk fhall make a fair record of the fame at 
 large, in the town-book, and (hall make out a fair attefted copy 
 thereof, to be by him fealed up, and direCied to the Secretary 
 of the State, with a fuperfeription expreffing the purport there¬ 
 of : And the faid Town-Clerk (hall caufe fuch attefted copy 
 to be delivered to the Sheriff of the County in which fuch town 
 or parifh (hall lie, forty days at leaft before the laft Wednef- 
 day of October ; or to the Secretary of the State at leaft thirty 
 days before the faid laft Wednefday of OCtober: And the 
 Sheriff of each County, or his deputy, fhall deliver all fuch 
 certificates by him received, into the Secretary’s office, at 
 lead thirty days before the laft Wednefday of Oftober, 
 
CONSTITUTION OF 
 
 vi6 
 
 And that there may be a due meeting of Senators on the 
 laft Wcdnefday of Odober annually, the Governor, and a 
 majority of the Council for the time being, (ball, as foon as 
 may be, examine the returned copies of fuch records, and 
 fourteen days before the laid laft Wednefcfay of Odober, he 
 {hail ififue his fummons to fuch perfonsas appear to be chofen 
 Senators by a majority of votes, to attend and take their 
 feats on that day. 
 
 Provided neverthelefs , That for the firft year the faid re¬ 
 turned copies (hall be examined by the Prefident, and a ma¬ 
 jority of the Council then in office : and the faid Prefident 
 fna!l, in like manner, notify the perfons eleded, to attend 
 and take their feats accordingly. 
 
 And in cafe there (hall not appear to be a Senator eleded 
 by a majority of votes, for any diftrid, the deficiency (hall 
 be fupplied in the following manner, viz. The members of 
 the Houfe of Reprefentatives, and fuch Senators as (hall be 
 declared eleded, (hall take the names of the two perfons hav¬ 
 ing the higheft number of votes in the diftrid, and out of 
 them (hall eled, by joint ballot, the Senator wanted for fuch 
 diftrid ; and in this manner all fuch vacancies (hall be filled 
 up, in every diftrid of the State ; and in like manner all va¬ 
 cancies in the Senate, arifing by death, removal out of the 
 State, or other wife, (hall be fupplied, as foon as may be after 
 fuch vacancies happen. 
 
 The Senate (ball be final judges of the eledions, returns, 
 and qualifications, of their own members, as pointed out in 
 this Conftitution. 
 
 The Senate (hall have power to adjourn themfelves, pro¬ 
 vided fuch adjournment do not exceed two days at a time. 
 
 Provided neverthele/s , That whenever they (hall fit on the 
 trial of any impeachment, they may adjourn to fuch time 
 and place as they may think proper, although the Legifla- 
 ture be not afifembled on fuch day, or at fuch place. 
 
 The Senate (hall appoint their Prefident, and other officers, 
 and determine their own rules of proceedings : And not lefs 
 than feven members of the Senate (hall make a quorum for 
 doing bufinefs; and when lefs than eight Senators (hall be 
 prefent, the aflent of five, at leaft, (hall be neceffary, to ren. 
 der their ads and proceedings valid. 
 
NEW-HAMPSHIRE. *7 
 
 The Senate fhall be a Court, with full power and authority 
 to hear, try, and determine, all impeachments made by the 
 Houfe of Reprefentatives againil any officer or officers of the 
 State, for bribery, corruption, mal-practice, or mal-adminif- 
 tration, in office ; with full power to iffue fummons* or 
 compulfory procefs, for convening witneffes before them, 
 with all neceffary powers incident to a court of Trials : But 
 previous to the trial of any fuch impeachment, the members 
 of the Senate lhall refpe&iveiv be {worn truly and impar¬ 
 tially to try and determine the charge in queftion, according 
 to evidence. And every officer, impeached for bribery, cor-, 
 ruption, mal-pra&ice, or mal-adminidration, in office, (hall 
 be ferved with an atteded copy of the impeachment, and 
 order of Senate thereon, with fuch citation as the Senate 
 may diredt, fetting forth the time and place of their fitting 
 to try the impeachment ; which fervice (hall be made by 
 the Sheriff, or fuch other fvvorn officer as the Senate may ap¬ 
 point, at lead fourteen days previous to the time of trial ; 
 and fuch citation being duly ferved and returned, the Senate 
 may proceed in the hearing of the impeachment, giving the 
 perfon impeached, if he fhall appear, full liberty of produc¬ 
 ing witneffes and proofs, and of making his defence, by 
 himfelf and counfel; and may alfo, upon his refuting or ne~ 
 glefting to appear, hear the proofs in fupport of the im¬ 
 peachment, and render judgment thereon, his non-appear. 
 ance notwithdanding ; and fuch judgment lhall have the fame 
 force and effedl as if the perfon impeached had appeared and 
 pleaded in the trial. Their judgment, however, iliall not 
 extend further than removal from office, difqualification to 
 bold or enjoy any place of honour, trud or profit, under this 
 State; but the party, fo convicted, lhall neverthelefs be li¬ 
 able to indictment, trial, judgment, and punifhment, ac¬ 
 cording to the laws of the land. 
 
 Whenever the Governor fhall be impeached, the Chief 
 Judice of the Supreme Judicial Court fhall, during the trial, 
 prefide in the Senate, but have no vote therein. 
 
 HOUSE of REPRESENTATIVES. 
 
 THERE fhall be, in the Legiflature of this State, a re- 
 prefentation of the people, annually elefled, and founded 
 upon principles of equality: A.nd, in order that fuch repre- 
 
 C 
 
CONSTITUTION OF 
 
 iS 
 
 fentation may be as equal as circumftances will admit, every 
 town, parish or place entitled to town privileges, having one 
 hundred and fifty rateable male polls, of twenty-one years of 
 age, and upwards, may elecft one Reprefentative : if four 
 hundred and fifty rateable polls, may eled two Reprefenta- 
 tives ; and fo proceeding, in that proportion, making three 
 hundred fuch rateable polls the mean increafing number, for 
 every additional Reprefentative, 
 
 Such towns, parilhes or places, as have lefs than one hun¬ 
 dred and fifty rateable polls, lhall be clafled by the General 
 AfTembly, for the purpofe of choofing a Reprefentative, and 
 feafonably notified thereof. And in every clafs, formed for 
 the above mentioned purpofe, the firft annual meeting (hall 
 be held in the town, paiifh, or place, wherein moft of the rate¬ 
 able polls refide ; and afterwards in that which has the next 
 kigheft number ; and fo on annually, by rotation, through 
 the feveral towns, parilhes, or places, forming the diflrict. 
 
 Whenever any town, parifh or place, entitled to town pri¬ 
 vileges, as aforefaid, lhall not have one hundred and fifty 
 rateable polls, and be fofituated as to render rhe clalling thereof 
 with any other town, parilh, or place, very inconvenient, 
 the General AfTembly may, upon application of a majority of 
 the voters in fuch town, parilh, or place, iffue a writ for 
 their electing and fending, a Reprefentative to the General 
 Court. 
 
 The members of the Houfe of Reprefentatives lhall be 
 chofen annually, in the month of March, and lhall be the 
 fecond branch of the Legifiature. 
 
 All perfons, qualified to vote in the eledion of Senators* 
 fnall be entitled to vote, within thediftrid where they dwell, 
 in the choice of Reprefentatives. Every member of the 
 Houfe of Reprefentatives fhall be chofen by ballot ; and for 
 two years at leaft, next preceding his election, fnall have 
 been an inhabitant of this State ; fhall have an eftate within 
 the dittrid which he may be chofen to reprefent, of the value 
 of one hundred pounds, one-half of which to be a freehold, 
 whereof he is feized in his own right: fhall be, at the time 
 of his election, an inhabitant of the diltrid he may be chofen 
 to reprefent ; and lhall ccafe to reprefent fuch dill rid imme¬ 
 diately on his ceafing to be qualified as aforefaid. 
 
 The members of both Houfes of the Legifiature lhall be 
 
NEW-HAMPSHIRE. 
 
 19 
 
 compcnfatcd for their fervices out of the treafury of the Scatty 
 by a law made for that purpofe ; fuch members attending 
 feafonably, and not departing without licence. All interme¬ 
 diate vacancies, in the Houfe of Reprefentatives, may be fil¬ 
 led up, from time to time, in the fame manner as annual elec¬ 
 tions are made. 
 
 The Houfe of Reprefentatives fhall be the Grand Inquefl 
 of the State ; and all impeachments made by them, fhall be 
 heard and tried by the Senate. 
 
 All money-bills fhall originate in the Houfe of Reprefent¬ 
 atives ; but the Senate may propofe, or concur with, amend¬ 
 ments, as on other bills. 
 
 The Houfe of Reprefentatives (hall have power to adjourn 
 themfelves, but no longer than two days at a time. 
 
 A majority of the members of the Houfe of Reprefenta.. 
 tives fhall be a quorum for doing bufinefs : Bat when le& 
 than two-thirde of the Reprefentatives elected fhall be pre- 
 fent, the affent of two-thirds of thofe members ihall be ne- 
 ceffary to render their a&s and proceedings valid. 
 
 No member of the Houfe of Reprefentatives, or Senate, 
 fhall be arretted, or held to bail, on mean procefs, during his 
 going to, returning from, or attendance upon, the Court. 
 
 The Houfe of Reprefentatives fnall choofe their own 
 Speaker, appoint their own officers, and fettle the rules of 
 proceedings in their own Houfe; and fhall be judge of 
 the returns, elections, and qualifications, of its members, as 
 pointed out in this Conftitution. They fhall have authority 
 to punifh, by imprifonment, every perfon who fliall be guilty 
 of difrefpett to the Houfe, in its prefence, by any diforderly 
 and contemptuous behaviour, or by threatening, or ill treat¬ 
 ing, any of its members; or by obftrudUng its deliberations ; 
 every perfon guilty of a breach of its privileges, in making 
 arrefts for debt, or by affaulting any member during his at¬ 
 tendance at any feffion ; in alfaulting or di.lurbing any one ot 
 its officers in the execution of any order or procedure of the 
 Houfe ; in affaulting any witnefs, or other perfon ordered 
 to attend, by and during his attendance of the Houfe, or in 
 refcuing any perfon arretted by order of the Houfe, knowing 
 them to be fuch. The Senate, Governor and Council, fhall 
 have the fame powers in like cafes : provided that no impri- 
 funraent by either, for any offence, exceed ten days. 
 
20 
 
 CONSTITUTION OF 
 
 The journals of the proceedings, and all the public afts of 
 both Houfes of the Legiflature, fhall be printed and publifh- 
 ed immediately after every adjournment or prorogation ; and 
 upon motion made by any one member, the yeas and nays, 
 upon any queftion, fhall be entered in the journals: And 
 «;ny member of the Senate, or Houfe of Representatives, 
 fhall have a right, on motion made at the time for that pur- 
 pole, to have his proteft, or diffent, with the reafons, againft 
 J»ny vote, refolve, or bill, pafled, entered on the journals. 
 
 EXECUTIVE POWER . 
 
 GOVERNOR. 
 
 THE Governor fhall be chofen annually, in the month 
 of March ; and the votes for Governor fhall. be received, 
 forted, counted, certified, and returned, in the fame manner 
 as the votes for Senators ; and the Secretary fhall lay the 
 fame before the Senate and Houfe of Reprefentatives, on the 
 la ft Vednefday of October, to be by them examined ; and 
 in cafe of an ele&ion by a majority of votes through the State, 
 the choice fhall be by them declared and publifhed. 
 
 And the qualifications of electors of the Governor fhall be 
 the fame as thofe for Senators; and if no perfon fhall have 
 a majority of votes, the Senate and Houfe of Reprefentatives 
 fhall, by joint ballot, eleft one of the two perfons having the 
 higheft number of votes, who fhall be declared Governor. 
 
 And no perfon fhall be eligible to this office, unlefs, at the 
 lime of his election, he fhall have been an inhabitant of this 
 State for feven years next preceding, and unlefs he fhall be of 
 s he age of thirty years, and unlefs he fhall, at the fame time* 
 have aneftateof the value of live hundred pounds, one half 
 of which fhall confift of a freehold, in his own right, within 
 this State. 
 
 In cafes of difagreement between the two Houfes, with 
 regard to the time or place of adjournment or prorogation, 
 the Governor, with advice of Council, fhall have a right to 
 adjourn or prorogue the General Court, not exceeding feven 
 months at any one time, as he may determine the public good 
 may require, to meet at the place where the General Court 
 fhall be at that time fitting : and he fhall dilTolve the fame 
 lavcn d:• ys before the faid laft Wednefday of October. 
 
NEW-HAM FSHIRE. 
 
 it 
 
 And, in cafe of any infectious diftemper prevailing in the 
 place where the f id Court at any time is to convene, or any 
 other caufe, whereby dangers may arife to the health or lives 
 of the members from their attendance, the Governor may 
 direct the feffion to be holden at feme other the molt convex 
 nient place within the State. 
 
 Every bill which fnall have palled both Houfes of the Ge¬ 
 neral Court, fhaii, before it become a law, be prefented to the 
 Governor ; if he approve, he fnall lign it, but if not, he 
 fhall return it, with his objections, to that Honfe in which 
 it fhall have originated, who (hall enter tile objections at large 
 on their journal, and proceed to reconfider it • if, after fuch 
 reconfideration, two-thirds of that Houfe fhall agree to pals 
 the bill, it fliall be fent, together with fuch objections; to 
 the other Houfe, by which it fhall likewife be reconlidered, 
 and if approved by two-thirds of that Houfe, it fhall become 
 a law. But in all fuch cafes the votes of both Houfes fnall 
 be determined by yeas and nays, and the names of the per- 
 fons, voting for or againft the bill, (hall be entered on the 
 journal of each Houfe refpeCtivefy. If any bill fhall pot be 
 returned by the Governor, within five days (Sundays ex¬ 
 cepted) after it fhall have been prefented to him, the fame 
 fhall be a law, in like manner as if he had figned it, unlefs 
 the Legiflature, by their adjournment, prevent its return, in 
 which cafe it fliall not be a law. 
 
 Every refolve fhall he prefented to the Governor, and, be¬ 
 fore the fame fnall take efteCf, fhall be approved by him, or 
 being difapproved by him, fliall be repaffed by the Senate and 
 Houfe of Reprefentatives, according to the rules and limita¬ 
 tions preferibed in the cafe of a bill. 
 
 All judicial officers, the Attorney General, Solicitors, all 
 Sheriffs, Coroners, Regiilers of Probate, and all officers of 
 the navy, and general and field officers of the militia, fliall 
 be nominated and appointed by the Governor and Council ; 
 and every fuch nomination fhall be made at leaf! three days, 
 prior to fuch appointment ; and no appointment fliall take 
 ■place, unlefs a majority of the Council agree thereto. The 
 Governor and Council fliall have a negative on each other, 
 both in the nominations and appointments- Ever}’ nomi¬ 
 nation a/id appointment fliall be figned by the Governor and 
 
 C 2 
 
rt t 
 
 CONSTITUTION OK 
 
 Council, snd every negative fhall be alfo iigned by the Go- 
 vernor or Council who made the fame. 
 
 The captains and fubakerns, in the rcfpedive regiments, 
 fhall be nominated by the held officers, and if approved by 
 the Governor, fnall be appointed by him. 
 
 Whenever the chair of the Governor fhall become vacant, 
 by reafon of his death, abfence from the State, or otherwife, 
 the Prefident of the Senate, fhall, during fuch vacancy, have 
 and exercife all the powers and authorities which, by this 
 Conhitution, the Governor is vefted with, when personally 
 prefent ; but when the Prefident of the Senate fhall exercife 
 the office of Governor, he fhall not hold his office in the Se¬ 
 nate. 
 
 The Governor, with advice of Council, fhall have full 
 power and authority, in the recefs of the General Court, to 
 prorogue the fame from time to time, not exceeding feven 
 months, in any one recefs of fa id Court ; and during the fef- 
 Jion of faid Court, to adjourn or prorogue it to any time the 
 two Houfes may defire, and to call it together fooner than 
 the time to which it may be adjourned, or prorogued, if the 
 welfare of the State fhould require the fame. 
 
 'The Governor of this State for the time being fhall be 
 commander in chief of the army and navy, and all the mili¬ 
 tary forces of this State, by fea and land ; and fhall have full 
 p:>wer by himfelf, or by any chief commander, or other of- 
 ncer, or officers, from time to time, to train, inftrud, exer¬ 
 cife and govern the militia and navi' ; and for the fpecial de¬ 
 fence and fafety of this Stale, tqfaffemble in martial array, 
 and put in warlike pofture, the^inhabitants thereof, and to 
 lead and condud them, and witlp thkm to encounter, expuife, 
 repel, refill and purf^TYTerce-pf srrns, as well by fea as by 
 land, within and without thermits'df this State ; and alio 
 to kill, flay, deftroy, if necyfot^Fand conquer by all fitting 
 ways, enterprize and meajte^ni and every fuch perfon and. 
 perfons as fhall, at any hereafter, ip a hoflile manner, 
 attempt or enterprize tlie/aelwaQion^itivafio.), detriment or 
 annoyance of this State/'and^uQ 'frfe^and exercife over the 
 army and navy, and o^er the Vilitia in adual fervice, the 
 law martial in time efrwar, inl&fion, and alfo in rebellion, 
 declared by the Legiilalure to eM, as occafion fhall necef- 
 fariiy require. And furprize, bj/all ways and means what* 
 
 / 
 
 / 
 
TO -HAMPSHIRE. 
 
 25 
 
 foever, all and every fuch perfon or perfons, with their (hips, 
 arms, ammunition, and other goods, as fhall in a hottiie man¬ 
 ner invade, or attempt the invading, conquering or annoying 
 this State : And in fine, the Governor hereby is entruited 
 with all other powers incident to the office of' Captain-Gene¬ 
 ral and Commander in Chief, and Admiral, to be exercifed 
 agreeably to the rules and regulations of the Conftitution, 
 and the laws of the land : Provided, that the Governor fhall 
 not, at any time hereafter, by virtue of any power by this 
 Conftitution granted, or hereafter to be granted to him by the 
 Legiflature, tranfport any of the inhabitants of this State, 
 or oblige them to march out of the limits of the fame, with¬ 
 out their free and voluntary confent, or the confent of the 
 General Court, nor grant commifiions for exercifing the law- 
 martial in any cafe, without the advice and confent of the 
 Council. 
 
 The power of pardoning offences, except fuch as perfons 
 may be convi&ed of before the Senate, by impeachment of 
 the Houfe, fhall be in the Governor, by and with the advice 
 of the Council : But no charter of pardon granted by the 
 ..Governor, with advice of Council, before conviftion, fnall 
 avail the party pleading the fame, notwithftanding any ge¬ 
 neral or particular expreftions contained therein, defcriptive 
 of the offence or offences intended to be pardoned. 
 
 No officer duly commiffioned to command in the militia 
 fhall be removed from his office, but by the addrefs of both 
 Houfes to the Governor, or by fair trial in court-martial, 
 purfuant to the laws of the State for the time being. 
 
 The commanding officers of the regiments fhall appoint 
 their Adjutants and Quartot-Mafters ; the Brigadiers, their 
 Brigade-Majors ; the Mfljo&Generals, their Aids ; the Cap¬ 
 tains and Subalterns, their n<3h-commiffioned officers. 
 
 The Governor and Council ifcall appoint all officers of the 
 continental army, whom, by v th£confederation of theUnited 
 States, it is provided that this State fhall appoint; as alfo all 
 officers of forts and garrifons. 
 
 The divifion of theTnilitia into brigades, regiments, and 
 companies, made in purfuance of the militia laws now in 
 force, fhall be confidered as the proper ciivifion of the militia 
 of this State, until the fame fhall be altered by feme future 
 iaw. 
 
24 
 
 CONSTITUTION OF 
 
 No monies (hall be iffued out of the treafury of this Stated 
 and difpofed of, (except fuch Aims as may be appropriated 
 for the redemption of bills of credit, or Treafurer’s notes, or 
 for the payment of intereft arifing thereon) but by warrant un¬ 
 der the hand of the Governor for the time being, by and 
 with the advice and confent of the Council, for the neceflary 
 fupport and defence of this State, and for the neceffary pro¬ 
 tection and prefervation of the inhabitants thereof, agreeably 
 to the aCts and refolves of the General Court* 
 
 All public boards, the Commilfary-General, all fuperin- 
 tending officers of public magazines and (lores, belonging to 
 this State, and all commanding officers of forts and garrifons 
 within the fame, fhali, once in every three months, officially, 
 and without requifition, and at other times when required by 
 the Governor, deliver to him an account of all goods, (lores, 
 provifions, ammunition, cannon, with their appendages,, 
 and fmall arms, with their accoutrements, and of all other 
 public property under their care refpeClively ; diftinguifhing 
 the quantity and kind of each, as particularly as may be ; to¬ 
 gether with the condition of fuch forts and garrifons: And 
 the commanding officer (hall exhibit to the Governor, when 
 required by him, true and exaCt plans of fuch forts, and of 
 the land and fea, or harbour or harbours adjacent*. 
 
 The Governor and Council (hall be compenfated for 
 their fervices, from time to time, by fuch grants as the Ge¬ 
 neral Court (hall think reafonable. 
 
 Permanent and honourable falaries (hall be edabliihed by 
 law, for the Jullices of the Superior Court. 
 
 COUNCIL. 
 
 THERE (hall be annually eledled, by ballot, five Coun¬ 
 cillors, for advifing the Governor in the executive part of 
 government. The freeholders and other inhabitants in each 
 county, qualified to vote for Senators, (hall, fome time in 
 the month of March, give in their votes for one Councillor ; 
 which votes (hall be received, forced, counted, certified, and 
 returned to the Secretary’s office, in the fame manner as the 
 votes for Senators, to he by the Secretary laid before the Se¬ 
 nate and Houfe of Reprefentatives on the lad Wednefday of 
 Odober. 
 
 And the perfon having a majority of votes in any county, 
 fhali be conf.dered as duly ele&ed a Councillor : But if no per- 
 
NEW-HAMPSHIRE. 
 
 *S 
 
 for* fhall have a majority of votes in any county, the Senate 
 and Houfe of Reprefentatives fhall take the names of the two 
 perfons who have the higheft number of votes in each county, 
 and not eledted, and out of thofe two fhall eledl, by joint bal¬ 
 lot, the Councillor wanted for fuch county. 
 
 Providedneverthele/s , That no perfon fhall be capable of be- 
 ing eledled a Councillor, who has not an eftate of the value of 
 five hundred pounds within this State, three hundred pounds 
 of which (or more; fhall be a freehold in his own right; and 
 who is not thirty years of age ; and who fhall not have been 
 an inhabitant of this State for feven years immediately pre¬ 
 ceding his election ; and, at the time of his eledtion, an in¬ 
 habitant of the county in which he is elected. 
 
 The Secretary fhall, annually, feventeen days before the 
 laft Wednefday of October, give notice of the choice of the 
 perfons eledfed. 
 
 If any perfon fhall be eledted Governor, or member of 
 either branch of the Legislature, and fhall accept the truft ; 
 or if any perfon, eledted a Councillor, fhall refufe to accept 
 the office ; or in cafe of the death, refignation, or removal of 
 any Councillor out of the State; the Governor may iffue a 
 precept for the eledtion of a new Councillor in that county 
 where fuch vacancy fhall happen ; and the choice fhall be in 
 the fame manner as before diredted ; And the Governor fhall 
 have full power and authority to convene the Council, from 
 time to time, at his diferetion ; and, with them, or the majo¬ 
 rity of them, may, and fhall, from time to time, hold a Coun¬ 
 cil, for ordering and diredting the affairs of the State, accord* 
 ing to the laws of the land. 
 
 The members of the Council may be impeached by the 
 Houfe, and tried by the Senate, for bribery, corruption, 
 mal-pradtice, or mal-adminiftration. 
 
 The refolutions and adrice of the Council fhall be record¬ 
 ed by the Secretary, in a regifter, and figned by all the mem¬ 
 bers prefent agreeing thereto; and this record may be called 
 for at any time, by either Houfe of the Legiflature ; and any 
 member of the Council may enter his opinion contrary to the 
 refolutions of the majority, with the reafons for fuch opi¬ 
 nion. 
 
 .The Legiflature may, if the public good fhall hereafter 
 require it, divide the ltate into five diftridts, as nearly equal 
 
26 
 
 CONSTITUTION Of 
 
 ns may be, governing themfeWes by the number of rateable 
 polls, and proportion of public taxes ; each diftridl to elect a 
 Councillor : And, in cafe of fuch divifion, the manner of 
 the choice (hall be conformable to the prefent mode of elefti- 
 on in counties. 
 
 And whereas the ele&ions, appointed to be made by this 
 Conftituticn, on the lad Wednefday of Oftober annually, by 
 the two Houfes of the Legislature, may not be completed on 
 that day, the faid elections may be adjourned from day to day, 
 until the fame may be completed : And the order of the 
 elections (hall be as follows—the vacancies in the Senate, if 
 any, (hall be firit filled up : The Governor (hall then be 
 elected, provided there (hall be no choice of him by the peo¬ 
 ple : And afterwards, the two Houfes (hall proceed to till up 
 the vacancy, if any, in the Council. 
 
 Secretary, Treasurer, Commissary-General, Sec. 
 
 THE Secretary, Treafurer, and Commiffary-General, 
 (hall be chofen by joint ballot of the Senators and Repreferi- 
 tatives aflembled in one room. 
 
 The records of the State fhall be kept in the office of the 
 Secretary, and he (hall attend the Governor and Council, 
 the Senate, and Reprefentatives, in perfon, or by Deputy, 
 as they may require. 
 
 The Secretary of the State (hall, at all times, have a De¬ 
 puty, to be by him appointed ; for whofe conduct in office he 
 (hall be refponfible. And in cafe of the death, removal, or 
 inability, of the Secretary, his Deputy (hall exercife all the 
 duties of the office of Secretary of this State, until another 
 (hall be appointed. 
 
 The Secretary, before he enters upon the bulinefs of his 
 office, fhall give bond, with fufficient fureties, in a reafona- 
 ble fum, for the ufe of the State, for the pun&ual perform¬ 
 ance of his trull. 
 
 COUNTY TREASURER, &c. 
 
 THE County Treafurers, and Regillers of Deeds, (hall 
 be elected by the inhabitants of the feveral towns, in the fe- 
 veral counties in the State, according to the method now 
 pra&ifed, and the laws of the State. 
 
 Provided ?ievcrthelefs> The Legiflature (hall have authority 
 
NEW-HAMPSHIRE. 
 
 27 
 
 to alter the manner of certifying the votes, and the mode of 
 eleding thofe officers ; but not fo as to deprive the people of 
 the right they now have of electing them. 
 
 And the Legislature, on the application of the major part 
 of the inhabitants of any county, fhall have authority to di¬ 
 vide the fame into two diftrids for regiftering deeds, if to 
 them it (hall appear neceffiary; each diftrid to eled a Regif- 
 ter of Deeds: And before they enter upon the bufinefs of 
 their offices, fhall be refpedively fworn faithfully to difcharge 
 the duties thereof, and fhall feverally give bond, with fuffi- 
 ent fureties, in a reafonable fum, for the ufe of the county, 
 for the punctual performance of their refpedive trufls. 
 
 JUDICIARY POWER. 
 
 IT fnall be the duty of the General Court to make a reform 
 in the Judiciary Syflem, that juftice may be adminiftered in a 
 more cheap and expeditious manner than is now pradifed, 
 and that no party fhall have a review after the caufe has been 
 determined againft him twice by Jury. 
 
 The General Court are hereby empo’wered to make altera¬ 
 tions in the power and jurifdidion of the Courts of Common 
 Pleas, and General Seffions of the Peace, refpedively ; or, if 
 they fhall judge it neceffiary for the public good, to abolifh 
 thofe Courts, or either of them, and inveft fuch other Courts, 
 as they may etlablifh, with the jurifdidion and powers now 
 veiled in the Court of Common Pleas, and Courts' of Gene¬ 
 ral Seffions of the Peace, as the General Court may, from 
 time to time, judge expedient for the due adminiflration 
 of law and juftice. 
 
 And it fhall be the duty of the General Court, to veft in 
 fuch Court or Courts of law as to them may appear expedient, 
 the power of granting new trials, or a trial after judgment, 
 either upon verdid of a Jury, default, nonfuit, or com¬ 
 plaint, for affirmation of judgment, in all cafes where fub- 
 ftantial juftice has not been done, except as before excepted, 
 in fuch manner, and under fuch reftridions and regulations, 
 as to the General Court may appear for the public good : 
 Provided application be made for fuch review or trial within 
 one year from the rendition of judgment. 
 
 For the more effiedual preferving the proper reparation of 
 the three great powers of government, agreeably to the 37th 
 
CONSTITUTION OF 
 
 1$ 
 
 Article in the Bill of Rights, the power of hearing and decid-- 
 ing incaufes of equity fhall be verted either in fome Judicial 
 Court, or Courts, or in fome court to be eftablilhed fpecially 
 for that purpofe : Provided no power fhall be granted to any 
 fuch Courts, incompatible with the Bill of Rights and Con- 
 ftitution. And the powers of faid Courts fhall be limited and 
 defined by exprefs laws : And no fuit in equity fhall be fuf- 
 tained where clear and adequate remedy may be had at law. 
 
 The General Court are empowered to give to Jurtices of tha 
 peace, jurifdidion in civil caufes, when the damages demand¬ 
 ed (hall not exceed four pounds , and title of real eflate is not 
 concerned : but with right of appeal, to either party, to fame 
 other Court, fo that a trial by Jury in the laft refort may be 
 had. 
 
 No perfon fhall hold the office of Judge of any Court, or 
 Judge of Probate, or Sheriff of any county, after he has at¬ 
 tained the age of feventy years. 
 
 No Judge of any Court, or Juftice of the Peace, fhall ad 
 as Attorney, or be of counfel, to any party, or originate any 
 civil fuit, in matters which fhall come or be brought before 
 him as Judge, or J uftice of the Peace. 
 
 All matters relating to the probate of wills, and granting 
 letters of adminiftration, fhall be exercifed by the Judges of 
 Probate, in fuch manner as the Legiftature have direded, or 
 may hereafter dircd: And the Judges of Probate fhall hold 
 their Courts at fuch place or places, on fuch fixed days, as 
 the conveniency of the people may require, and the Legifla- 
 ture from time to time appoint. 
 
 No Judge, or Regifter of Probate, fhall be of counfel, ad 
 as advocate, or receive any fees as advocate or counfel, in 
 any probate bufinefs which is pending, or may be brought 
 into any Court of Probate in the county of which he is Judge 
 or F.egifter. 
 
 CLERKS of COURT. 
 
 THE Judges of the Courts (thofe of probate excepted) 
 fhall appoint their refpedive Clerks, to hold their office dur¬ 
 ing pleafure : And no fuch Clerk fhall ad as an Attorney, 
 or be of counfel, in any caufe in the Court of which he is 
 Clerk, nor fhall he draw any writ originating a civil adion. 
 
NEW-HAMPSHIRE. 
 
 2gr 
 
 ENCOURAGEMENT of LITERATURE, &c. 
 KNOWLEDGE and learning, generally diffufed through 
 a community, being effential to the prefervation of a free go¬ 
 vernment : and fpreading the opportunities and advantages of 
 education through the various parts of the country, being 
 highly conducive to promote this end ; it (hall be the duty of 
 the Legiflators and Magiftrates, in all future periods of this 
 government, to cherilh the interefb of literature and the fci- 
 ences, and all feminaries and public fchools, to encourage 
 private and public inftitutions, rewards and immunities for 
 the promotion of agriculture, arts, fciences, commerce, 
 trades, manufactures, and natural hiftory of the country ; to 
 countenance and inculcate the principles of humanity and 
 general benevolence, public and private charity, induftry and 
 ceconomy, honelty and punctuality, fincerity, fobriety, and 
 all focial affections, and generous femiments, among the 
 people. 
 
 OATH and Subfcriptions ; Exclujion from Offices : Convntfjl- 
 ons; Writs; Confirmation of Laws; Habeas Corpus ; the 
 Enabling Stile; Cont'muance of Officers; Prone if on for a 
 future Rev if on of the Conflitufion y Cf c. 
 
 ANY perfon chofen Governor, Councillor, Senator, or 
 Representative, military or civil officer, (town officers ex¬ 
 cepted) accepting the truft, fhall before he proceeds to exe¬ 
 cute the duties of his office, make and fubferibe the follow¬ 
 ing declaration, viz. 
 
 I, A. B. do folemnly fwear, that I will bear faith and true 
 allegiance to the Hate of New-Hampfhire, and will fupport 
 the Conftitution thereof. So help me God . 
 
 I, A. B. do folemnly and fincerely fwear and affirm, that 
 I will faithfully and impartially difeharge and perform all the 
 duties incumbent on nae as according to the belt 
 
 of my abilities, agreeably to the rules and regulations of this 
 Conftitution, and the laws of the ftate of New-Hampfhire. 
 So help me God. 
 
 Any perfon having taken and fubferibed the oath of allegL 
 ance, and the fame being filed in the Secretary’s office, he fhall 
 not be obliged to take faid oath again. 
 
 Provided always , When any perfon chofen or appointed as 
 aforefaid, (ball be of the denomination called Qa.ikei*. or 
 
 D 
 
3o 
 
 CONSTITUTION OF 
 
 fhall be fcrupulous of fwearing, and fhall decline taking the 
 faid oaths, fuch fhall take and fubfcribe them, omitting the 
 wor d fiuear and likevvife the words So help me God , fubjoining 
 inftead thereof, This I do under the pains and penalties of per - 
 jury. 
 
 And the oaths or affirmations fhall be taken and fubfcribed 
 by the Governor, before the Frefident of the Senate, in pre- 
 fence of both Houfes of the Legiflature, and by the Senators 
 and Reprefentatives firfl ele&ed under this Conftitution, as 
 altered and amended, before the Prefident of the State, and 
 a majority of the Council then in office, and forever after¬ 
 wards before the Governor and Council for the time being ; 
 and by all other officers, before fuch perfons, and in fuch 
 manner, as the. Legiflature fhall from time to time appoint. 
 
 All commiffions fhall be in the name of the State of New- 
 Hampfhire, figned by the Governor, and attefted by the 
 Secretary or his Deputy, and fhall have the great feal of the 
 State affixed thereto. 
 
 All writs iffuing out of the Clerk's office In any of the 
 Courts of Law, fhall be in the name of the State of New- 
 Hampfhire ; fhall be under the feal of the Court whence they 
 iffue, and bear teft of the chief, firfl, or fenior Juftice of the 
 Court; but when fuch Juftice fhall be interefted, then the 
 writ fhall bear teft of fome other Juftice of the Court, to 
 which the fame fhall be returnable j and be figned by the 
 Clerk of fuch Court. 
 
 All indidments, preferments, and informations, fhall 
 conclude againfi the peace and dignity of the State. 
 
 The eftate of fuch perfons as may deftroy their own lives, 
 fhall not for that offence be forfeited, but defcend or afcend 
 in the fame manner, as if fuch perfons had died in a natural 
 v/ay. Nor fhall any article, which fnali accidentally occafion 
 the death of any perfon, be henceforth deemed a deodand, 
 or in any wife forfeited on account of fuch misfortune. 
 
 All the laws which have heretofore been adopted, ufed, 
 and approved, in the Province, Colony, or State of New- 
 Hamplhire, and ufually prattifed on in the Courts of Law, 
 fhall remain and be in full force, until altered and repealed 
 by the Legiflature : fuch parts thereof only excepted, as are 
 repugnant ro die rights and liberties contained in this Con¬ 
 ftitution ; Provided that nothing herein contained, when 
 
NEW-HAMPSHIRE. 
 
 3 l 
 
 compared with the 23d Article in the Bill of Rights, fhall 
 beconftrued to affeft the laws already made refpe&ing the 
 perfons, or eftates, of abfentees. 
 
 The privilege and benefit of the Habeas Corpus, {hall be 
 enjoyed in this State, in the moft free, eafy, cheap, expedi¬ 
 tious and ample manner, and (hall not be fufpended by the 
 Legiflature, except upon the moft urgent and preiling occa- 
 ftons, and for a time not exceeding three months. 
 
 The enabling ftile in making and palling a£ts, ftatutes, and 
 laws, fhall be —Be it entitled by the Senate and Hou/e of Rcpre- 
 fentati c ves i m General Court cotvvened. 
 
 No Governor, or Judge of the Supreme judicial Court, 
 fhall hold any office or place under the authority of this State, 
 except fuch as by this Conftitution they are admitted to hold, 
 faving that the Judges of the faid Court may hold the offices 
 of Juftice of the Peace throughout the State ; nor fhall they 
 hold any place or office, or receive any penfton or falary, from 
 any other ftate, government, or power, whatever. 
 
 No perfon fhall be capable of exercifmg, at the fame time, 
 more than one of the following offices within this State, viz. 
 Judge of Probate, Sheriff, Regifter of Deeds; and never 
 more than two offices of profit, which may he held by ;p- 
 pointment of the Governor, or Governor and Council, or 
 Senate and Houfe of Reprefentatives, or Superior or Inferior 
 Courts, military offices, and offices of Juflices of the Peace, 
 excepted* 
 
 No perfon holding the office of Judge of any Court, (ex¬ 
 cept Special Judges) Secretary, Treafurer of the State, At¬ 
 torney-General, Commifiary-General, military officers re¬ 
 ceiving pay from the continent or this State, (excepting offi¬ 
 cers of the militia, occafionally called forth on an emergency) 
 Regifter of Deeds, Sheriff, or officers of the cuftoms, includ 
 ing naval officers, collectors of excife, and ftate and conti¬ 
 nental taxes, hereafter appointed, and not having fettled their 
 accounts with the refpeftive officers with whom it it their 
 duty to fettle fuch accounts, members of Congrefs, or any 
 perfon holding any office under the United States, fhall at the 
 fame time hold the office of Governor, or have a feat in the 
 Senate, or Houfe of Reprefentatives, or Council ; but his 
 being chofen and appointed to, and accepting the fame, fhall 
 operate as a reftgnation of their feat in the chair. Senate, or 
 
3-2 
 
 CONSTITUTION OF 
 
 Houfe of Representatives, or Council : and the place To va¬ 
 cated fhall be filled up. No member of the Council fhall 
 have a feat in the Senate or Houfe of Reprefentatives. 
 
 No perfon fhall ever be admitted to hold a feat in the Le- 
 giflat ure, or any office of truft or importance under this go¬ 
 vernment, who, in the due courfe of law, has been con¬ 
 victed of bribery or corruption, in obtaining an election or 
 appointment. 
 
 In all cafes where fums of money are mentioned in this 
 Conftitution, the value thereof fhall be computed in filver 
 at Jix /billings and eight fence per ounce. 
 
 To the end that there may be no failure of juftice, or dan¬ 
 ger to the State, by the alterations and amendments made in 
 the Conftitution, the General Court is hereby fully autho¬ 
 rised and directed to fix the time when the alterations and 
 amendments fhall take effeft, and make the necefifary arrange¬ 
 ments accordingly. 
 
 It fhall be the duty of the Sele&men, and a fie {Tors, of the 
 feyeral towns and places in this State, in warning the firft an¬ 
 nual meeting for the choice of Senators, after the expiration 
 of feven years from the adoption of this Conftitution, as a- 
 niended, to infert exprefsly in the warrant, thispurpofe, a- 
 mong the others for the meeting, to wit, to take the fenfe of 
 vhe qualified voters on the fubjedt of a revifion of the Confti¬ 
 tution ; and the meeting being warned accordingly, and not 
 orherwife, the Moderator fhall take the fenfe of the qualified 
 voters prefent, as to the neceffity of a revifion ; and a return 
 of the number of votes for and againft fuch neceffity, fhall be 
 made by the Clerk, fealed up, and dire&ed to the General 
 Court, at their then next feffion ; and if it (hall appear to the 
 General Court by fuch return, that the fenfe of the people of 
 the State has been taken, and that, in the opinion of the majo¬ 
 rity of the qualified voters in the State, prefent and voting at 
 faid meetings, there is a neceffity for a revifion of the Ccnfti- 
 tuiion, it fhall be the duty of the General Court to call a Con¬ 
 vention for that purpofe, otherwife the General Court fhall 
 direct the fenfe of the people to be taken, and then proceed 
 in, the manner before mentioned. The delegates to be chofea 
 in the fame manner, and proportioned, as the Reprefentatives 
 to the General Court ; provided that no alterations fhall be 
 /nude in this Conftitution, befoie the fame fhall be laid before 
 
MASSACHUSETTS. 
 
 33 
 
 the towns and unincorporated places, and approved by two- 
 thirds of the qualified voters prefent and voting on the Tub- 
 
 And the fame method of taking the fenfe of the people, as 
 to a revifion of the Conftitution, and calling a Convention 
 for that purpofe, (hall be obferved afterwards at the expirati¬ 
 on of every feven years^ 
 
 This form of government fhall be enrolled on parchment* 
 and depofited in the Secretary’s office, and be a part of the 
 laws of the land ; and printed copies thereof fhall be prefixed 
 to the books containing the laws of this State, in all future 
 editions thereof, 
 
 JOHN PICKERING, Prefident* P. T, 
 At tell, JOHN CALFE, Secretary, 
 
 MASSACHUSETTS. 
 
 A Conftitution cr Frame of Government, agreed upon by the 
 Delegates of the People of the State of Maffachufetts Pay, in 
 Convention , begun and held at Cambridge, on the firf of 
 September , 1779, and continued by adjournments $ to the Je- 
 ■cond of March , 1780. 
 
 PREAMBLE. 
 
 HE end of the inftitution, maintenance and adminiflra- 
 tion of Government, is to fecure the exiftence of the 
 body politic, to protect it, and to furnifh the individuals, wh© 
 tompofe it, with the power of enjoying, in fafety and tran¬ 
 quillity, their natural rights, and the bleffings of life : and 
 whenever thefe great objeds are not obtained, the people have 
 a right to alter the Government, and to take meafutes, necef- 
 fary for their fafety, profperity and happinefs,. 
 
 The body politic is formed by a voluntary affoclation of 
 individuals. It L a focial compaft, by which the whole peo¬ 
 ple covenants with each citizen, and each citizen with the 
 whole people, that all fhall be governed by certain laws for 
 the common good. It is the duty of the people, therefore, m 
 
 D z 
 
CONSTITUTION OF 
 
 34- 
 
 framing a conftitution of government, to provide for anequi- 
 table mode of making laws, as well as for an impartial inter¬ 
 pretation, and a faithful execution of them : that every man 
 may, at all times, find his fecurity in them. 
 
 We, therefore, the people of MalTachufetts, acknowledging, 
 with grateful hearts, the goodnefs of the Great Legillator of 
 the univerfe, in affording us, in the courfe of his providence, 
 an opportunity, deliberately and peaceably, without fraud, 
 violence, or furprife, of entering into an original, explicit, 
 and folemn compact with each other—and of forming a new 
 conftitution of civil government, for ourfelves and pofterity | 
 -—and devoutly imploring his direction in fo interefting a de- 
 iign, do agree upon, ordain, and eftablifh, the following de¬ 
 claration of rights, and frame of government, as the confti- 
 tution of the commonwealth of Maffachufetts. 
 
 Fart I. 
 
 A declaration of rights , of the inhabitants of the com?non~ 
 
 'wealth of Majfachufetts. 
 
 Art . I. All men are born free and equal, and have certain 
 natural, effential, and unalienable rights.: among which may 
 foe reckoned the right of enjoying and defending their lives and 
 liberties; that of acquiring, pofieffing, and protedling proper¬ 
 ty ; in fine, that of feeking and obtaining their fafety and 
 happinefs. 
 
 II. It is the right, as well as the duty, of all men in fb- 
 ciety, publicly, and at ftated feafons, to worfhip the Supreme 
 Iking, the great Creator and Preferver of the univerfe. And 
 no fubjeft fhall be hurt, molefted, or retrained, in his perfon, 
 liberty, or eftate for worfhipping God in the manner and fea- 
 ibn, moft agreeable to the didates of his own confidence ; or 
 for his religious profeflion cr fentiments—-provided he doth 
 not difturb the public peace, or obflrud others in their reli¬ 
 gious worihip. 
 
 III. As the happinefs of a people, and the good order and 
 prefervation of civil government, efl'entially depend upon 
 piety, religion and morality; and as thefe cannot be gene¬ 
 rally diffufed through a community, but by the inftitution of 
 the pub ic worfhip of Ged, and of public inftrudions in piety, 
 adigion, and morality:— Therefore, to promote their happi- 
 sefs^ -and to fecure the good order and prefer Yation of their 
 
MASSACHUSETTS. 
 
 government, the people of this commonwealth have a right 
 to in veil their Legislature with power to authorife and require, 
 and the Legiilature dial!, from time to time, authorife and 
 Require the feveral towns, parifhes, precinCts, and other bo¬ 
 dies politic, or religious focieties> to make fuitable provi- 
 fion, at their own expence, for the inftitution of the public 
 worfhip of God, and for the fupport and maintenance of pub¬ 
 lic Proteftanc teachers of piety, religion, and morality, in 
 all cafes, where fuch provision fhall not be made voluntarily. 
 
 And the people of this commonwealth have alfo a right 
 to, and do, inveft their Legiilature with authority, to en¬ 
 join, upon all the fubjeCts, an attendance upon the indruc- 
 tions of the public teachers, as aforefaid, at dated times and 
 feafons, if there be any, on whofe indruCtions they can con- 
 fcicntioufly and conveniently attend :— 
 
 Provided, notwithftanding, that the feveral towns, pa¬ 
 rifhes, preempts, and other bodies politic, or religious foci- 
 eties, fhall, at all times, have the exclufive right of elect¬ 
 ing their public teachers, and of contracting with them, for 
 their fupport and maintenance. 
 
 And all monies, paid by the fubjeCt, to the fupport of 
 public worfhip, and of the public teachers aforefaid, fhall, 
 if he require it, be uniformly applied to the fupport of the 
 public teacher, or teachers, of his own religious feCt or de¬ 
 nomination, provided there be any, on whofe inftruCtions he 
 attends, otherwife it may be paid towards the fupport of the 
 teacher, or teachers, of the parifh, or precinCi, in which 
 the faid monies are raifed. 
 
 And every denomination of Chriftians, demeaning them- 
 felves peaceably, and as good fubjeCts of the commonwealth, 
 fhall be equally under the protection of the law : and no fub- 
 ordination of any one feCt or denomination, to another, 
 fhall ever be eftabliihed by law* 
 
 IV. The people of this commonwealth have the foie and 
 exclufive right of governing themfelves, as a free, fovereign, 
 and independent State : and do, and forever hereafter fhall, 
 exercife and enjoy every power, jurifdiCtioo, and right, 
 which is not, or may not hereafter, be by them exprefsly 
 delegated to the United States of America, in Congrefs aL 
 feibled. 
 
3 6 
 
 CONSTITUTION OF 
 
 V. All power refiding originally in the people, and being 
 derived from them—the feveral magiftrates, and officers of 
 government, veiled with authority, whether legiflative, ex¬ 
 ecutive, or judicial, are their fubftitutes and agents, and are 
 at all times, accountable to them* 
 
 VI. No man, or corporation, or affiociation of men, have 
 any other title, to obtain advantages, or particular and ex- 
 clulive privileges, diftindl from thofe of the community, 
 than what arifes from the confideration of fervices, rendered 
 to the public. And this title being, in nature, neither he¬ 
 reditary, nor tranfmiffible to children, o~ defeendants, or re¬ 
 lations by blood,—the idea of a man, born a magiftrate, 
 law-giver, or judge, is abfurd and unnatural. 
 
 VII. Government is inftituted for the common good ; for 
 the protection, fafety, profperity, and happinefs of the peo¬ 
 ple ; and not for the profit, honour, or private intereft of 
 any one man, family, or clafs of inen. Therefore, the peo¬ 
 ple alone have an inconteftible, unalienable, and indefeasible 
 right, to inflitute government; and to reform, alter, or to¬ 
 tally change the fame, when their protection, fafety, prof¬ 
 perity and happinefs, require it. 
 
 VIII. In order to prevent thofe, who are veiled with au¬ 
 thority, from becoming oppreffors, the people have a right, 
 at fuch periods, and in fuch manner, as they Shall eftablifh 
 by their frame of government, to caufe their public officers 
 to return to private life ; and to fiil up vacant places, by cer- 
 tain and regular elections and appointments. 
 
 IX. Ail elections ought to be free ; and all the inhabi¬ 
 tants of this commonwealth, having fuch qualifications, as 
 they fhall eftablifh by their frame of Government, have an 
 equal right, to ekCt officers, and to be eleCted for public 
 employments. 
 
 X. Each indiv idual of the fociety has a right, to be pro¬ 
 tected by it, in the enjoyment of his life, liberty, and pro¬ 
 perty, according to Handing laws. He is obliged, confe- 
 quently, to contribute his fhare, to the expence of this pro¬ 
 tection ; to give his perfonal fervice, or an equivalent, when 
 neceffary. But no part of the property of any individual 
 can, with juitice, be taken from him, or applied to public 
 ufes, without his own confent, or that of the reprefentative 
 body of the people. In fine, the people of this common- 
 
MASSACHUSETTS. 
 
 37 
 
 wealth are not controllable by any other laws, than thofe, 
 to which their conftitutional representative body have given 
 their confent. And whenever the public exigencies require, 
 that the property of any individual Should be appropriated 
 to public ufes, he Shall receive a reafonable compenfation 
 therefor. 
 
 XL Every fubjeft of the commonwealth ought to find a 
 certain remedy, by having recourSe to the laws, for all in¬ 
 juries or wrongs, which he may receive, in his perfon, 
 property, or chara&er. He ought to obtain right and juf- 
 tice freely, and without being obliged to purchafe it—com¬ 
 pletely, and without any denial—promptly, and without de¬ 
 lay—conformable to the laws. 
 
 XII. No fubjedl Shall be held to anSwer for any crime of 
 offence, until the Same is fully and plainly, fubftantially and 
 formally, defcribed to him ; or be compelled to accuSe, or 
 furnifh evidence againft himfelf. And every fubjecft Shall 
 have a right to produce all proofs, that may be favourable 
 to him ; to meet the witneffes againft him, face to face, and 
 to be fully heard in his defence, by himfelf, or his council, 
 at his ele&ion. And no fubjeft Shall be arrefted, imprifoned 
 or defpoilcd, or deprived of his property, immunities, or 
 privileges, put out of the proteftion of the law, exiled, or 
 deprived of his life, liberty or eftate, but by the judgment 
 of his peers, or the law of the land. 
 
 And the Legislature Shall not make any law, that fiiall 
 fubjeft any perfon to a capital or infamous punishment, (ex¬ 
 cepting for the government of the army and navy) without 
 trial by jury. 
 
 XIII. In criminal profecutions, the verification of fa&s, 
 in the vicinity where they happen, is one of the greateft Se¬ 
 curities cf the life, liberty and property of the citizen. 
 
 XIV. Every fubjedt has a right to be fecure from all un« 
 reafonable fearche$, and feizures, of his perfon, his houfes, 
 his papers, and all his pofleffions. All warrants, therefore, 
 are contrary to this right, if the caufe or foundation of them 
 be not previously fupported by oath or affirmation ; and if 
 the order, in a warrant to a civil officer, to make fearch in 
 all fufpe&ed places, or to arreft one or more fufpe&ed per- 
 fons, or to feize their property, be not accompanied with a 
 fpecial designation of the perfqns or objects of fearch, arreft. 
 
38 
 
 CONSTITUTION OF 
 
 r 
 
 or feizure. And no warrant ought to be iffued, but in cafes, 
 end with the formalities, preferibed by the laws. 
 
 XV. In all controverfies concerning property, and in all 
 fuits between two or more perfons, (except in cafes, in 
 which it has heretofore been otherwife ufed and praftifed) 
 the parties have a right to a trial by a jury ; and this method 
 of procedure fhall be held facred ; un^efs, in caufes arifing 
 on the high feas, and fuch as relate to mariner’s wages, the 
 Legillature fhall hereafter find it neceffary to alter it. 
 
 XVI. The liberty of the prefs is effential to the fecurity 
 of freedom in a ftate ; it ought not, therefore, to be re¬ 
 trained in this commonwealth. 
 
 XVII. 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 t© be maintained, 
 without the confent of the Legillature ; and the military 
 power fhall always be held in exad fubordination to the civil 
 authority, and be governed by it. 
 
 XVIII. A frequent recurrence to the fundamental princi¬ 
 ples of the conftitution, and a conftant adherence to thofe of 
 piety, juftice, moderation, temperance, induftry, and fru¬ 
 gality, are abfolutely neceffary, to preferve the advantages 
 of liberty, and to maintain a free government. The people 
 ought, confequently, to have a particular attention to all 
 thofe principles, in the choice of their officers and reprefenta- 
 tives; and they have a right to require of their law-givers 
 and rnagiftrates, an exaft and conftant obfervance of them, 
 in the formation and execution of all laws, neceffary for the 
 good adminiftration of the commonwealth. 
 
 XIX. The people have a right, in an orderly and peace¬ 
 able manner, to affemble to confult upon the common good ; 
 give inftrudions to their reprefentatives ; and to requeft of 
 the legillative body, by the way of addreffes, petitions or 
 remonftrances, redrefs of the wrongs done them, and of the 
 grievances they fufrer. 
 
 XX. The power of fufpending the laws, or the execution 
 of the laws, ought never to be exercifed, but by the Legifla- 
 ture ; or by authority derived from it, to be exercifed in 
 fuch particular cafes only, as the Legillature fhall exprefsly 
 provide for. 
 
MASSACHUSETTS, 
 
 39 
 
 XXI. The freedom of deliberation, fpeech, and debate, in 
 either Houfe of the Legiflature, isfo eftential to the rights of 
 the people, that it cannot be the foundation of any accufa- 
 tion or profecution, adlion, or complaint, in any other court 
 or place whatfoever. 
 
 XXII. The Legiflature ought frequently to aflemble, for 
 the redrefs of grievances, for correcting, {Lengthening, and 
 confirming the laws, and for making new laws, as the com¬ 
 mon good may require. 
 
 XXIII. No fubfidy, charge, tax, impofl, or duties, ought 
 to be eftablifhed, fixed, laid, or levied, under any pretext 
 whatfoever, without the confent of the people, or their Re¬ 
 prefen tat ives in the Legiflature. 
 
 XXIV. Laws, made to punifh for actions, done before the 
 exiftence of fuch laws, and which have not been declared 
 crimes by preceding laws, are unjuft, oppreffive, and incon- 
 fiftent with the fundamental principles of a free government. 
 
 XXV. Nofubjeft ought, in any cafe, or in any time, to 
 be declared guilty of treafon or felony by the Legiflature. 
 
 XXVI. No Magiftrate, or court of law, fhall demand ex- 
 ceftive bail or fureties, impofe exceftive fines, or inflift cruel 
 or unufual punifhments. 
 
 XXVII. In time of peace, no foldier ought to be quarter¬ 
 ed in any houfe, without the confent of the owner; and in 
 time of war, fuch quarters ought not to be made, but by the 
 civil magiftrate, in a manner ordained by the Legiflature. 
 
 XXVIII. No perfon can, in any cafe, be fubjedled to law 
 martial, or to any penalties or pains, by virtue of that law, 
 (except thofe employed in the army or navy, and except the 
 militia, in adlual fervice) but by authority of the Legiflature. 
 
 XXIX. It is effential to the prefervation of the rights of 
 every individual, his life, liberty, property, and character, 
 that there be an impartial interpretation of the laws, and ad- 
 miniftrations of juftice. It is the right of every citizen, to be 
 tried by judges, as free, impartial, and independent, as the 
 lot of humanity will admit. It is, therefore, not only the 
 beft po'icy, but for the fecurity of the rights of the people, 
 and of every citizen, that the judges oi the Supreme Judicial 
 Court fhould hold their offices as long as they behave them- 
 felves well; and that they fhould have honourable falaries^ 
 afeertained and eftablifhed by Handing laws. 
 
4o 
 
 CONSTITUTION OP 
 
 XXX. In the government of this commonwealth, the le- 
 giflative department (hall never exercife the executive and ju¬ 
 dicial powers, or either of them : the executive fhall never 
 exercife the legiilative and judicial powers, or either of them : 
 the judicial fhall never exercife the legiilative and executive 
 powers, or either of them : to the end, it may be a govern¬ 
 ment of laws, and not of men. 
 
 Part II. 
 
 THE FRAME OF GOVERNMENT. 
 
 THE people inhabiting the territory formerly called the 
 Prov ince of Maffachufetts Bay, do hereby folemnly and mutu¬ 
 ally agree with each other, to form themfelves into a free, 
 fovereign, and independent Body-Politic, or State, by the 
 name of. The commonwealth of Maffachufetts. 
 
 Chap. I. 
 
 THE LEGISLATIVE POWER. 
 
 Section I. 
 
 THE GENERAL COURT. 
 
 Art. I. THE department of legiflation (hall be formed 
 by two branches, a Senate and Houfe of Reprefentatives : 
 each of which fhall have a negative on the other. 
 
 The Legiilative body fhall aflemble every year, on the 
 laft Wednefday in May, and at fuch other times as they 
 fhall judge neceifary ; and fhall diffolve and be diffolved, on 
 the day next preceding the faid laft Wednefday in May ; and 
 fhall be /tiled. The General Court of Maffachufetts. 
 
 II. No bill or refolve of the Senate or Houfe of Reprefent¬ 
 atives fhall become a law, and have force as fuch, until it 
 fhall have been laid before the Governor for his revifal : 
 And if he, upon fuch revifion, approve there-of, he fhall iig- 
 nify his approbation by figning the fame. But if he have 
 any objection to the paffing of fuch bill or refolve, he fhall re¬ 
 turn the fame, together with his objections thereto, in writ¬ 
 ing, to the Senate or Houfe of Reprefentatives Jn which fo- 
 ever the fame fhall have originated; who fhall enter the 
 objections fent down by the Governor, at large, on their 
 records, and proceed to reconfider the faid bill or refolve : 
 But if after fuch reconfideration, two-thirds of the faid Se¬ 
 nate or Houfe of Reprefentatives, ftiall, notwithftanding the 
 
MASSACHUSETTS. 
 
 4 1 
 
 fa id objections, agree to pafs the fame, it fhall, together 
 with the objections, be fent to the other branch of the Lc~ 
 giflature, where it fhall aifo be reconfidered, and if approved 
 by two-thirds of the members prefent, it fhall have the force 
 of a law : But in all fuch cafes the votes of both Houfes 
 fhall be determined by yeas and nays ; and the names of 
 the perfons voting for, c* againft the faid bill or refolve, 
 fhall be entered upon the public records of the Common¬ 
 wealth. 
 
 And in order to prevent unneceffavy delays, if any bill or 
 refolve fhall not be returned by the Governor within five 
 days after it lhall have been prefented, the fame fhall have 
 the force of a law. 
 
 III. The general court fhall forever have full power and 
 authority to ereCt and conflitute judicatories, and Courts of 
 record, or other Courts to be held in the name of the Com¬ 
 monwealth, for the hearing, trying, and determining of all 
 manner of crimes, offences, pleas, procefies, plaints, addons, 
 matters, caufes, and things, whatsoever, arifing or happen¬ 
 ing within the Commonwealth, or between or concerning- 
 perfons inhabiting or refiding, or brought, within the fame ; 
 whether the fame be criminal or civil, or whether the faid 
 crimes be capital or not capital, and whether the faid pleas 
 be real, perfonal, or mixed ; and for the awarding and mak¬ 
 ing out of execution thereupon:—to which courts and judi¬ 
 catories, are hereby given and granted full power and autho¬ 
 rity, from time to time, to adminifler oaths or affirmations, 
 for the better difcovery of truth in any matter in controverfy 
 or depending before them. 
 
 IV, And further, full power and authority are hereby 
 given and granted to the faid general court, from time to 
 
 ; time, to make, ordain and eftablifb, ail manner of wholefome, 
 and reafonable orders, laws, flatutes, and ordinances, direc¬ 
 tions and infirudiions, either with penalties, or without, (fo 
 as the fame be not repugnant or contrary to this conftitution} 
 as they fhall judge to be for the good and welfare of this 
 
 ; Commonwealth, and for the government and ordering thereof, 
 and of the fubjeCts of the fame, and for the necelTary fup- 
 port and defence of the government thereof a and to name 
 and fettle annually, or provide by fixed laws, for the nam¬ 
 ing and fettling all civil officers, within the faid Common- 
 
 E 
 
42 
 
 CONSTITUTION OF 
 
 •wealth, the ele&ion and conffitution of whom are not here¬ 
 after, in tliis form of government, otherwife provided for r 
 and to fet forth the fevcral duties, powers and limits, of the 
 feveral civil and military officers of this Commonwealth, 
 and the forms of fuch oaths or affirmations as fhall be refpeft- 
 ivelv adminiffered unto them for the execution of their feve¬ 
 ral offices and places, fo as the farhe be not repugnant or con¬ 
 trary to this conftitution ; and to impofe and levy propor¬ 
 tional and reafonable afleflments, rates, and taxes, upon all 
 the inhabitants of, and perfons refident, and effates lying, 
 within the faid Commonwealth ; and alfo to impofe, and levy, 
 reafonable duties and excifes, upon any produce, goods, 
 wares, merchandifes, and commodities whatfoever, brought 
 into, produced, manufadured, or being within the fame ; 
 to be iffued and difpofed of by warrant, under the hand of 
 the Governor of this Commonwealth for the time being, 
 with the advice and confent of the council, for the public 
 fervice, in the neceflary defence and fupport of the govern¬ 
 ment of the faid commonwealth, and the protection and pre- 
 fervation of the fubjefts thereof, according to fuch aCts as 
 are or fhall be in force within the fame. 
 
 And while the public charges of government, or any part 
 thereof, fhall be affeffed on polls and effates in the manner 
 that has hitherto been praCtifed ; in order that fuch afleff- 
 ments may be made with equality, there fhall be a valuation 
 of effates within the Commonwealth taken anew once in 
 every ten years at the leaft, and as much oftener as the gene¬ 
 ral court fhall order. 
 
 CHAP. I. Sect. II. 
 
 SENATE. 
 
 Art. I. THERE fhall be annually elefted by the freehold¬ 
 ers and other inhabitants of this Commonwealth, qualified 
 as in this conftitution is provided, forty perfons to be coun- 
 fellors and fenators for the year enfuing their election : to 
 be chofen by the inhabitants of the diftrifts, into which the 
 Commonwealth may from time to time be divided by the 
 general court for that purpofe. And the general court, in 
 affigning the numbers to be elected by the refpediive diftrifts, 
 fhall govern themfclves by the proportion of the public taxes 
 
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44- 
 
 CONSTITUTION OF 
 
 nators ; and fhali fort and coun* them in open town meeting, 
 and in prefence of the town clerk, who fhali make a fair re¬ 
 cord, in prefence of the fele&men, and in open town meet¬ 
 ing, of the name of every perfon voted for, and of the num¬ 
 ber of votes againft his name ; and a fair copy of this record 
 (hall be attefted by the feleftmen and the town clerk, and 
 fhali be feaied up, directed to the Secretary of the Common¬ 
 wealth for the time being, with a fuperfcription, exprefiing 
 the purports of the contents thereof, and delivered, by the 
 town clerk of fuch town, to the fheriff of the county, in 
 which fuch town lies, thirty days at leaft before the laft 
 Wcdnefday in May, annually ; or it fhali be delivered into 
 the Secretary’s Office, feventeen days, at leaft, before the 
 faid laft V\ ednefday in May ; and the fheriff of each county 
 fhali deliver all fuch certificates, by him received, into the 
 Secretary’s Office, feventeen days before the faid laft Wed- 
 nefday in May. 
 
 And the inhabitants of plantations unincorporated (qua¬ 
 lified as this con-ftitution provides) who are or fhali be em¬ 
 powered and required to afifefs taxes upon themfeives, toward 
 the fupport of government, fnall have the fame privilege of 
 voting for Counsellors and Senators in the plantations where 
 they refide, as town inhabitants have in their refpeCtive 
 towns ; and the plantation-meetings, for that purpofe, fhali 
 be held annually on the fame firft Monday in April, at fuch 
 place in the plantations refpeftively, as the affeffors thereof 
 (hall direft; which afteffors fhali have like authority, for 
 notifying the eleftors, colle&ing and returning the votes, as 
 the fclc&men and town clerks have in their feveral towns, by 
 this conftitution, and all other perfons, living in places unin¬ 
 corporated (qualified as aforefaid) who fhali be affeftTed to the 
 fupport of government by the afteffors of an adjacent town, 
 fhali have the privilege of giving in their votes for Counfel- 
 lors and Senators, in the town where they fhali be affefted, 
 and be notified of the place of meeting, by the Selectmen of 
 the town, where they fhali be afleffed, for that purpofe ac¬ 
 cordingly. 
 
 III. And that there may be a due convention of Senators 
 on the laft Wednefday in May annually, the Governor, and 
 five of the Council, for the time being, fhali, as foon as may 
 be, examine the returned copies of fuch records; and four- 
 
MASSACHUSETTS. 
 
 teen days before the faid day, he fnall iiTue his fummons to 
 Each perfons, as fnall appear to be chofen by the majority of 
 votes, to attend on that day, and take their feats accordingly ; 
 —provided neverthelefs, that for the firft year, the faid re¬ 
 turned copies fhall be examined by the preftdent and five of 
 the Council of the former Conftitution of Government : and 
 the faid prefident fhall, in like manner, iffue his fummons 
 to the perfons fo eleded, that they may take their feats a* 
 aforefaid. 
 
 IV'. The Senate fhall be the final judge of the eledions* 
 Teturns and qualifications of their own members, as pointed 
 out in the Conftitution ; and fhall, on the faid lafl Wednef. 
 day in May, annually., determine and declare, who are elect¬ 
 ed by each diftrid, to be Senators, by a majority of votes: 
 and in cafe there fhall not appear to be the full number of Se¬ 
 nators returned, eleded by a majority of votes for any diftrid, 
 the deficiency fhall be fupplied in the following manner, viz. 
 the Members of the Houfe of Reprefentatives, and fuch Se¬ 
 nators as fhall be declared eleded, {hall take the names of fuch 
 perfons as fhall be found to have the highefi: number of votes 
 in fuch diftrid, and not eleded, amounting to twice the num¬ 
 ber of Senators wanting, if there be fo many voted for ; and 
 out of thefe, fhall eled, by ballot, a number of Senators, fuf- 
 ftcient to fill up the vacancies in fuch diftrid ; and in this 
 manner, all fuch vacancies fhall be filled in every diftrid of 
 the commonwealth : and in like manner, all vacancies in the 
 Senate, arifing by death, removal out of the ftate, or other- 
 wife, fhall be fupplied as foon as may be, after fuch vacan¬ 
 cies fhall happen: — 
 
 V. Provided neverthelefs, that no perfon fnall be capable 
 of being eleded as a Senator, who is not feized in Ins own 
 right, of a freehold within this commonwealth, of the va¬ 
 lue of three hundred pounds at lealt, or poffeffcd of perfonal 
 eftate to the value of fix hundred pounds at leaft, or of both to 
 the amount of the fame fum ; and who has not been an inha¬ 
 bitant of this commonwealth for the fpace.of five years im- 
 I mediately preceding his eledion .; and at the time of his elec¬ 
 tion he fhall be an inhabitant in the diftrid, for which he 
 
 ihall be cho Vn. 
 
 VI. The Senate fhall have power to adjourn themfelves. 
 
 F -» 
 
CONSTITUTION OF 
 
 4^ 
 
 provided fuch adjournments do not exceed two days at a 
 time. 
 
 VII. The Senate (hall choofe its own prefident, appoint its 
 own officers, and determine its own rules of proceedings. 
 
 VIII. The Senate (hall be a Court, with full authority, to 
 hear and determine all impeachments, made by the Houfe of 
 Reprefentatives, againfl any officer or officers of the Common¬ 
 wealth, for mifcondudi and mal-adminiftration in their offices. 
 But previous to the trial of every impeachment, the Mem¬ 
 bers of the Senate fhall refpedively be fworn, truly and im¬ 
 partially to try and determine the charge in queflion, accord¬ 
 ing to evidence. Their judgment, however, fhall not extend 
 further, than to removal from office, and difqualification to 
 hold or enjoy any place of honour, truth or profit, under this 
 Commonwealth : but the party fo convicted, fhall be, never- 
 thelefs, liable to indictment, trial, judgment, and punifn. 
 ment, according to the laws of the land. 
 
 IX. Not lefs than fixty Members of the Senate, fhall con- 
 ftitute a quorum for doing bufinefs. 
 
 CHAP. I. Sect. III. 
 
 HOUSE of REPRESENTATIVES. 
 
 Art. I. THERE fhall be, in the Legifiature of this com¬ 
 monwealth, a reprefentation of the people, annually elected, 
 and founded upon the principle of equality. 
 
 II. And in order to provide for a reprefentation of the 
 citizens of this commonwealth, founded on the principle of 
 equality, every corporate town, containing one hundred and 
 fifty rateable polls, may eleft one Reprefentative:—every 
 corporate town, containing three hundred and fevcnty-five 
 rateable polls, may eledt two Reprefentatives : every corpo¬ 
 rate town, containing fix hundred rateable polls, may eie£t 
 three Reprefentatives ;—and proceeding in that manner, 
 making two hundred and twenty-five rateable polls the mean 
 increafing number, for every additional Reprefentative :— 
 
 Provided neverthelefs, that each town now incorporated, 
 ;not having one hundred and fiftv rateable polls, may eleft one 
 Jt^nrefentalive. But no place fhall hereafter be incorporated 
 with the privilege of electing a Reprefentative, unlefs there 
 are, within the fame, one hundred and fifty rateable polls. 
 And the Houfe of Reprefentatives lhall have power, from 
 
MASSACHUSETTS. 
 
 time to time, to impofe fines upon fuch towns, as (hall negleft 
 to choofe and return Members to the fame, agreeably to this 
 conftitution. 
 
 The expenfes of travelling to the Genera! AfTembly, and 
 returning home, once in every feflion and no more, fhall be 
 paid by the government, out of the public treafurv, to every 
 Member who fhall attend as feafonably as he can, in the judg¬ 
 ment of the Houfe, and does not depart without leave. 
 
 III. Every Member of the Houfe of Representatives fhall 
 be chofen by written votes; and for one year at leaft, next 
 preceding his eleftion, {hall have been an inhabitant of, and 
 have been feized, in his own right, of a freehold of the va¬ 
 lue of one hundred pounds, within the town he fhall be cho¬ 
 fen to reprefent, or any rateable eftate, to the value of two 
 hundred pounds; and he fhall ceafe to reprefent the faid town, 
 immediately on his ceafing to be qualified as aforefaid. 
 
 IV. Every male perfon (being twenty-one years of age, 
 and refident in any particular town in this commonwealth, for 
 the (pace of one year next preceding) having a freehold eftate 
 within the fame town, of the annual income of three pounds, 
 or any eflate of the value of fixty pounds, fhall have a right 
 to vote in the choice of a Reprcfentative, or Reprefentatives, 
 for the faid town. 
 
 V. The Members of the Houfe of Reprefentatives fhall 
 be chofen annually, in the month of May, ten days, at leaf!, 
 before the laft Wednesday of that month. 
 
 VI. The Houfe of Reprefentatives fhall be the grand in- 
 queft of this commonwealth ; and all impeachments, made 
 by them, fhall be heard and tried by the Senate. 
 
 VII. All money-bills fhall originate in the Houfe of Re¬ 
 prefentatives : but the Senate may propofe or concur with 
 amendments, as on other bills. 
 
 VIII. The Houfe of Reprefentatives fhall have power to 
 adjourn themfelves; provided fuch adjournment fhall not ex¬ 
 ceed two days at a time. 
 
 IX. Not lefs than fixty Members of the Houfe of Repre¬ 
 fentatives, fhall conftitute a quorum for doing bufinefs. 
 
 X. The Houfe of Reprefentatives fhall be the judge of the 
 returns, elections, and qualifications of its own Members, as 
 pointed out in the conftitution ; fhall choofe their own fpeak- 
 cr ; appoint their own officers, and fettle their rules and or- 
 
4 $ 
 
 CONSTITUTION OF 
 
 ders of proceeding in their own Houfe. They fhall have au¬ 
 thority to punifh, by imprifonment, every perfon, (not a 
 Member) who fhall be guilty of difrefpe£t to the Houfe, by 
 any disorderly or contemptuous behaviour in its prefence ; or 
 who, in the town where the General Court is fitting, and 
 during the time of its fitting, fhall threaten harm to the body 
 or eftate of any of its Members, for any thing faid or done in 
 the Houfe.; or who fhall affault any of them therefor; or 
 who fhall affault, or arreft any witnefs, or other perfon, or¬ 
 dered to attend the Houfe, in his way in going, or returning : 
 or who .fhall refcue any perfon arrefted by the order of the 
 Houfe. 
 
 And no Member of the Houfe of Reprefentatives fhall be 
 arrefted, or held to bail on mefne procefs, during his going 
 unto, returning from, or his attending the General Aftembly. 
 
 XI. The Senate fhall have the fame powers in the like 
 cafes ; and the Governor and Council -fhall have the fame au¬ 
 thority to punifh in like cafes:—provided that no imprifon¬ 
 ment, on the warrant or order of the Governor, Council, 
 Senate, or Houfe of Reprefentatives, for either of the above 
 defcribed offences, be for a term exceeding thirty days. 
 
 And the Senate and Houfe of Reprefentatives may try, and 
 determine, all cafes, where their rights and privileges are 
 concerned, and which, by the corrftitution, they have au¬ 
 thority to try and determine, by Committees of their own 
 Members, or in fuch other way as they may respectively think 
 ib.efL 
 
 CHAP. II. 
 
 EXECUTIVE POWER. 
 
 Section I. GOVERNOR. 
 
 Art. I. THERE fhall be a Supreme Executive Mngiftrnte, 
 who fhall be {tiled, The Governor of the Commonwealth of 
 Maffachufetts ; and whole title fhall be, His Excellency. 
 
 II. The Governor fhall be chofen annually ; and no per¬ 
 fon fhall be eligible to this office ; unlefs, at the time of his 
 election, he fhall have been an inhabitant of this common¬ 
 wealth, for feven years next preceding ; and unlefs he fhall, 
 at the fame time, be feized, in his own right, of a freehold 
 within the commonwealth, of the value of one thoufand 
 ^pounds; and unlefs he fhall declare himfelf to be of the Chrif- 
 tian religion. 
 
MASSACHUSETTS. 
 
 49 
 
 III* Thofe perfons, who fhall be qualified to vote for Se¬ 
 nators and Reprefentatives, within the feveral towns of this 
 commonwealth, fhall, at a meeting, to be called for that 
 purpofe, on the firft Monday of April, annually, give in their 
 votes for a Governor, to the feledfmen, who fhall prefide at 
 fuch meetings; and the Town-Clerk, in the prefence and with 
 the afliftance of the feledtmen, fhall, in open town meeting, 
 fort and count the votes, and forma lift of the perfons voted 
 for, with the number of votes for each perfon, againft his 
 name : and fhall make a fair record of the fame in the town 
 books, and a public declaration thereof in the faid meeting ; 
 and fhall, in the prefence of the inhabitants, feal up copies of 
 the faid lift, attefted by him and the feledfmen, and tranfmit 
 the fame to the Sheriff of the county, thirty days at leaft be¬ 
 fore thelaft Wednefday in May : and the Sheriff fhall tranf¬ 
 mit the fame to the Secretary's office, feventccn days at leaft 
 before the faid laft Wednefday in May ; or the feledfmen may 
 caufe returns of the fame to be made to the office of the Secre¬ 
 tary of the commonwealth, feventeen days at leaft: before the 
 faid day ; and the Secretary fhall lay the fame before the Se¬ 
 nate and the Houfe of Reprefentatives, on the laft Wednes¬ 
 day in May, to be by them examined : and in cafe of an elec¬ 
 tion, by a majority of all the votes returned, the choice fhall 
 be by them declared and publifhed. But if no perfon fhall 
 have a majority of votes, the Houfe of Reprefentatives fhall, 
 by ballot, eledf two out of four perfons, who had the higheft 
 number of votes, if fo many fhall have been voted for ; but if 
 otherwife, out of the number voted for ; and make return to 
 the Senate, of the two perfons fo eledf ed ; on which the Se¬ 
 nate fhall proceed, by ballot, to eledf one, who fhall be de¬ 
 clared Governor. 
 
 IV. The Governor fhall have authority, from tame to time 
 M at his difcretion, toaffemble and call together the Counfeilors 
 
 of this commonwealth for the time being; and the Governor, 
 with the faid Counfeilors, or five of them at leaft, fhall, and 
 may, from time to time, hold and keep a Council, for the 
 ordering and diredting the affairs of the commonwealth, 
 agreeably to the conftitution, and the laws of the land. 
 
 V. The Governor, with advice of Council, fhall have full 
 power and authority, during the feftion of the General Court, 
 to adjourn or prorogue the fame, to any time the two Houles 
 
CONSTITUTION OF 
 
 5° 
 
 {hall defire ; and to diffolve the fame, on the day next pre¬ 
 ceding the laft Wednefday in May ; and, in the recefs of the 
 laid court, to prorogue the fame, from time to time, not ex¬ 
 ceeding ninety days in any one recefs ; and to call it together 
 fooner than the time to which it may be adjourned or pro¬ 
 rogued, if the welfare of the commonwealth fhall require the 
 fame. And in cafe of any infectious diftemper prevailing in 
 the place, where the faid court is next at any time to convene, 
 or any other caufe happening, whereby danger may arife to 
 the health or lives of the Members from their attendance, he 
 may direCt the feffion to be held at fome other the moil con¬ 
 venient place within the State. 
 
 And the Governor {hall diflolve the faid General Court, on 
 the day next preceding the laft Wednefday in May. 
 
 VI. In cafes of difagreement between the two Houfes, 
 with regard to the neceflity, expediency, or time of adjourn¬ 
 ment, or prorogation, the Governor, with advice of the Coun. 
 cil, (hall have a right to adjourn or prorogue the General Court, 
 not exceeding ninety days, as he (hall determine the public 
 good fhall require. 
 
 VII. The Governor of this commonwealth, for the time 
 being, fhall be the commander in chief of the army and navy, 
 and of all the military forces of the ftate, by fea and land ; 
 and fhall have full power, by himfelf, or by any commander, 
 or other officer or officers, from time to time, to train, in- 
 ftruCt, exercife and govern the militia and navy ; and for the 
 fpecial defence and fafety of the commonwealth, to affemble 
 in martial array, and put in warlike pofture, the inhabitants 
 thereof; and to lead and conduct them, and with them to 
 encounter, repel, refift, expel, and purfue, by force of arms,; 
 as well by fea as by land, within or without the limits of 
 this commonwealth; and alfo to kill, flay, and deftroy, if 
 neceffary, and conquer, by all fitting ways, enterprifes, and 
 means vvhatfoever, all and every fuch perfon or perfons, as 
 fhall at any time hereafter, in a hoftile manner, attempt or 
 enterprife the deftruftion, invafion, detriment, or annoyance 
 of this commonwealth ; and to ufe and exercife, over the ar¬ 
 my and navy, and over the militia ina&ual fervice, the law- 
 martial, in time of war or invafion, and alfo in time of re¬ 
 bellion (declared by the Legiflature toexill) as occafion fliall 
 seceffarily require; and to take and furprife, by all ways and 
 
MASSACHUSETTS. 
 
 S 1 
 
 means whatsoever, all and every fuch perfon or perfons (with 
 their (hips, arms, ammunition, and other goods) as fhall, in 
 a hoftile manner, invade, or attempt the invading, conquer¬ 
 ing, or annoying this commonwealth : and that the Governor 
 be entrufted with all thefe and other powers, incident to the 
 offices of captain-general, and commander in chief, and ad¬ 
 miral, to be exercifed agreeably to the rules and regulations 
 of the conftitution, and the laws of the land, and not other- 
 wife. 
 
 Provided that the faid Governor fhall not, at any time 
 hereafter, by virtue of any power, by this conilitution grant¬ 
 ed, or hereafter to be granted to him by the Legifiature, 
 tranfport any of the inhabitants of this commonwealth, or 
 oblige them to march out of the limits of the fame, without 
 their free and voluntary confent, or the confent of the Ge¬ 
 neral Court ; except fo far as may be necellary to march or 
 tranfport them by land or water, for the defence of fucli 
 part of the Itate, to which they cannot otherwife conveni¬ 
 ently have accefs. 
 
 VIII. The power of pardoning offences, except fuch as 
 perfons may be conviTed of before the Senate by an im¬ 
 peachment of the Houfe, fhall be in the Governor, by and 
 with the advice of Council ; but no charter of pardon, grant¬ 
 ed by the Governor, with advice of the Council, before 
 conviction, fhall avail the party pleading the fame, not- 
 withftanding any general or particular expreffions contained 
 therein, defcriptive of the offence or offences intended to be 
 pardoned. 
 
 IX. All judicial officers, the Attorney-General, the Soli¬ 
 citor-General, all Sheriffs, Coroners, and Regifters of Pro¬ 
 bate, fhall be nominated and appointed by the Governor, by 
 and with the advice and confent of the Council ; and every 
 fuch nomination fhall be made by the Governor, and made 
 at lead feven days prior to fuch appointment. 
 
 X. The Captains and Subalterns of the militia {hall be 
 elected by the written votes of the train band and alarm lift 
 of their refpedtive companies, of twenty-one years of age 
 and upwards. The held officers ol regiments fhall be elected 
 by the written votes of the Captains and Subalterns ol their 
 refpeCtive regiments. The Brigadiers (hall be elected in like 
 manner, by the heid officers of their refpeCtive brigades. 
 
5 2 
 
 CONSTITUTION OF 
 
 And fuch officers, fo elefted, fhall be commifiloned by the 
 Governor, who ihall determine their rank. 
 
 The Legiflature iliall, by (landing 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 (hall be appointed by the Senate and 
 Houfe of Reprefentatives, each having a negative upon the 
 other ; and be commiffioned by the Governor. 
 
 And if the electors of brigadiers, field-officers, captains, 
 cr fubalterns, (hall neglect or refufe to make fuch elections, 
 after being duly notified, according to the laws for the time 
 being, then the Governor, with advice of Council, Iliall 
 appoint fuitable perfons to fill fuch offices. 
 
 And no officer, duly commiffioned to command in the mi¬ 
 litia, fhall be removed from his office, but by the addrefs 
 of both Houfes to the Governor, or by fair trial in court- 
 martial, purfuant to the laws of the commonwealth for the 
 time being. 
 
 The commanding officers of regiments (hall appoint their 
 adjutants and quarter-maflers ; the brigadiers their brigade 
 majors; and the major-generals their aids ; and the Gover¬ 
 nor (hall appoint the adjutant-general. 
 
 The Governor, with advice of Council, fhall appoint all 
 officers of the continental army, whom (by the confederation 
 of the United States) it is provided that this commonwealth 
 fhall appoint, as alfo all officers of forts and garrifons. 
 
 The divifions of the militia, into brigades, regiments and 
 companies, made in purfuance of the militia laws now in 
 force, fhall be confidered as rhe proper divifions of the mili¬ 
 tia of this commonwealth, until the fame fhall be altered in 
 purfuance of fome future law. 
 
 XI. No monies fhall be ifTued out. of the treafury of this 
 commonwealth, and difpofed of (except fuch fums, as may 
 be appropriated for the redemption of bills of credit or trea- 
 furer’s notes, or for the payment of interefts ariling thereon) 
 but by warrant, under the hand of the Governor for the 
 time being, with the advice and confent of the council, for 
 the neceflary defence and fupport of the commonwealth—and 
 for the protection and prcfervation of the inhabitants thereof, 
 agreeably to the aft and refolves of the General Court. 
 
MASSACHUSETTS. 
 
 53 
 
 XII. All public boards, the commiflary-general, all fu- 
 perintending officers of public magazines and ftores, belonging 
 
 c to this commonwealth, and all commanding officers of forts 
 ? and garrifons within the fame, (hall, once in every three 
 ; months, officially, and without requifition, and at other 
 1 times, when required by the Governor, deliver to him an 
 5 account of all goods, ftores, proviftons, ammunition, cannon 
 with their appendages, and fmall arms with their accoutre- 
 1 ments, and of all other public property whatever under their 
 1 care refpedlively ; diftinguifhing the quantity, number, qua- 
 1 lity and kind of each, as particularly as may be ; together 
 with the condition of fuch forts and garrifons. And the 
 faid commanding officer fhall exhibit to the Governor, when 
 required by him, true and exafl plans of fuch forts, and of 
 the land and fea, or harbour or harbours adjacent. 
 
 And the faid boards, and all public officers, fhall commu¬ 
 nicate to the Governor, as foon as may be, after receiving 
 ; the fame, all difpatches, and intelligence of a public nature, 
 [which fhall be directed to them refpettiveiy. 
 
 XIII. As the public good requires, that the Governor 
 ■ fhould not be under the undue influence of any of the mem¬ 
 bers of the General Court—by a dependence on them for his 
 fupport—that he fhould, in all cafes, aft with freedom for 
 
 |the benefit of the public—that he fhould not have his atten- 
 r tion neceflarily diverted from that objeft, to his private con- 
 j cerns—and that he fhould maintain the dignity of the com¬ 
 monwealth, in the charafter of its chief magiftrate—it is 
 I neceflary that he fhould have an honourable ftated falary, of 
 a fixed and permanent value, amply fufficient for thofe pur- 
 i pofes, and eftablifhed by Handing laws: and it fhall be among 
 the firft afts of the General Court, after the commencement 
 of this conftitution, to eftablifh fuch falary by law accord- 
 ingly. 
 
 Permanent and honourable falaries fhall alfo be eftablifhed 
 by law, for the Juftices of the Supreme Judicial Court. 
 
 And if it fhall be found, that any of the lalaries afore., 
 faid, fo eftablifhed, are infufficient, they fhall, from time 
 to time, be enlarged, as the General Court fhall judge pro¬ 
 per. 
 
CONSTITUTION OF 
 
 J* 
 
 CHAP. II. Sect. II. ' 
 
 LIEUTENANT-GOVERNOR. 
 
 Art. I. THERE Ihall be annually elefted a Lieutenant., 
 Governor of the commonwealth of Maffachufetts, whoft 
 title (hall be, His Honour ; and who Ihall be qualified, ir 
 point of religion, property, and refidence in the common-! 
 wealth, in the fame manner with the Governor ; and the day 
 and manner of his ele&ion, and the qualifications of the 
 electors, (hall be the fame as are required in the ele<ftion of 
 a Governor. The return of the votes for this officer, and 
 the declaration of his election, fhall be in the fame manner: 
 and if no one perfon (halt be found to have a majority of all ■ 
 the votes returned, the vacancy (hall be filled by the Senate and 
 Houfe of Rcprefentatives, in the fame manner as the Govern¬ 
 or is to be elected, in cafe no one perfon (hall have a ma- i 
 jority of the votes of the people to be Governor. 
 
 II. The Governor, and, in his abfence, the Lieutenant- 
 Governor, (hall be the prefident of the council ; but (hall 
 have no vote in council : and the Lieutenant-Governor (hall 
 always be a member of the council, except when the chair 
 of the Governor fhall be vaeant. 
 
 III. Whenever the chair of the Governor fhall be vacant 
 by reafon of his death, or abfence from the commonwealth, 
 orotherwife, the Lieutenant.Governor for the time being, 
 ihall, during fuch vacancy, perform all the duties incumbent 
 upon the Governor, and fnall have and exercife all the pow¬ 
 ers and authorities, which, by this conftitution, the Go¬ 
 vernor is veiled with, when perfonally prefent. 
 
 CHAP. II. Sect. III. 
 
 Council, ami the manner of fettling elections by the Legijlature . 
 
 Art. I. THERE fhall be a Council, for advifing the Go¬ 
 vernor in the executive part of government, to confift of 
 nine perfons, befides the Lieutenant-Governor, whom the 
 Governor, for the time being, (hall have full power and au¬ 
 thority, from time to time, at his diferetion, to affemble and 
 call together. And the Governor, with the faid Couwfellors, 
 or five of them at lead, fhall and may, from time to time, 
 hold and keep a Council, for the ordering and direCiing the 
 
MASSACHUSETTS. 55 
 
 affairs of the commonwealth, according to the laws of the 
 land. 
 
 II. Nine Counfellors (hall be annually chofen, from among 
 the perfons returned for Counfellors and Senators, on the lad 
 Wednefday in May, by the joint ballot of the Senators and 
 Reprefentatives affembled in one room. And in cafe there 
 fhall not be found, upon the firft choice, the whole number of 
 nine perfons, who will accept a feat in the council, the defi¬ 
 ciency fhall be made up by the electors aforefaid, from among 
 the people at large ; and the number of Senators left, fhall 
 conftitute the Senate for the year. The feats of the perlons 
 thus eleded from the Senate, and accepting the truft, fhall 
 be vacated in the Senate. 
 
 III. The Counfellors, in the civil arrangements of the 
 commonwealth, fhall have rank, next after the Lieutenant- 
 Governor. 
 
 IV. Not more than two Counfellors fhall be chofen out 
 of any one diftrid of this commonwealth. 
 
 V. The refolutions and advice of the Council fhall be re¬ 
 corded in a regifler, and figned by the members prefent ; 
 and this record may be called for. at any time, by either 
 fioufe of the Legifiature ; and any member of the Council 
 may infert his opinion, contrary to the refoiution of the 
 
 majority. 
 
 VI. Whenever the office of the Governor and Lieutenant- 
 Governor fhall be vacant, by reafon of death, abience, or 
 otherwife, then the Council, or the major part of them, 
 fhall, during fuch vacancy, have full power and authorin', 
 to do, and execute, all and every fuch arts, matters and 
 things, as the Governor 01 Lieutenant-Governor might or 
 could, by virtue of this conftitution, do or execute, if they 
 or either of them, were perfonally prefent. 
 
 VII. And whereas the elections, appointed to be made 
 by this conftitution, on the laft Wednefday in May annually, 
 by the two Houfes of the Legillature, may not be com¬ 
 pleted on that day, the faid elections may be adjourned, from 
 day to day, until the fame fhall be completed. And the or¬ 
 der of eledions fhall be as follows : The vacancies in the 
 Senate, if any, fhall firft be filled up; the Governor and 
 Lieutenant-Governor fhall then be eleded, provided there 
 
CONSTITUTION OF 
 
 5<S 
 
 fhall be no choice of them by the people ; and afterwards 1 
 the two Houfes fhall proceed to the election of the Council. 1 
 
 CHAP. II. Sect. IV. 
 
 Secretary , Preafurer y CommiJJary , &c. 
 
 Art. I. THE Secretary, Treafurer, and Receiver-Gene, 
 ral, and the Commiftary-General, Notaries Public, and Naval 
 Officers, fhall be chofen annually, by joint ballot of the Se¬ 
 nators and Representatives in one room. And that the citi¬ 
 zens of this commonwealth may be affirred, from time to 
 time, that the monies remaining in the public treafury, upon 
 the fettlement and liquidation of the. public accounts, are 
 their property, no man fhall be eligible, as Treafurer and 
 Receiver-General, more than five years fuccefiively. 
 
 II. The records of the commonwealth fhall be kept in the 
 office of the Secretary, who may appoint his deputies, for 
 whofe conduct he fhall be accountable : and he fhall attend 
 the Governor and Council, the Senate and Houfe of Repre,. 
 fentatives in perfon, or by his deputies, as they fhall re* 
 fpe&ively require. 
 
 CHAP. III. 
 
 JUDICIART POWER . 
 
 Art. I. THE tenure, that all commifiion officers (hall by 
 law have in their offices, fhall be exprefled in their refpeftive 
 commiffions, all judicial officers, duly appointed, commif- 
 fioned and fworn, fhall hold their offices during good behavi¬ 
 or, excepting fuch concerning whom there is different provi. 
 fion made in this conftitution ; provided neverthelefs, the 
 Governor, with confent of the Council, may remove them 
 upon the addrefs of both Houfes of the Legiflature .1 
 
 II. Each branch of the Legiflature, as well as the Go¬ 
 vernor and Council, fhall have authority, to require tho 
 opinions of the Juftices of the Supreme Judicial Court, upon 
 important queftions of law, and upon folemn occafions. 
 
 III. In order that the people may not fuffer from the long 
 continuance in place, of any juftice of the peace, who fhall 
 fail of difeharging the important duties of his office with 
 ability or fidelity, all commiffions of juftices of the 
 peace fhall expire and become void, in the term of feven 
 years from their refpe&ive dates ; and upon the expiration 
 
MASSACHUSETTS. 
 
 57 
 
 of any commifiion, the fame may, if neceffhry, be renewed, 
 or another perfon appointed, as (hall moil conduce to the 
 well-being of the commonwealth. 
 
 IV. The Judges of Probate of Wills, and for granting 
 letters of adminiftration, (hall hold their courts at fuch 
 place or places on fixed days, as the convenience of the peo¬ 
 ple (hall require. And the Legidature (hall, from time to 
 time, hereafter appoint fuch times and places ; until which 
 appointments, the faid courts fhall be holden at the times 
 and places, 'which the refpedive judges (hall direft. 
 
 V. All caufes of marriage, divorce, and alimony, and all 
 appeals from the Judges of Probate, lhall be heard and de¬ 
 termined by the Governor and Council, until the LegifU- 
 ture fhall, by law, make other provifion. 
 
 CHAP. IV. 
 
 DELEGATES TO CONGRESS. 
 
 THE delegates of this commonwealth to the Congrefs of 
 the United States, lhall, fometime in the month of June an¬ 
 nually, be eledled by joint ballot of the Senate and Houfe of 
 Reprefentatives, aifembled together in one room; to ferve 
 in Congrefs for one year, to commence on the firft Monday 
 in November then next enfuing. They lhall have commif- 
 fions, under the hand of the Governor, and the great feal of 
 the commonwealth ; but may be recalled at any time within 
 the year, and others chofen and commiffioned in the fame 
 manner, in their (lead. 
 
 CHAP. V. 
 
 The Utti c V£rJitj at Cambridge , and encouragement of Litera¬ 
 ture, & c . 
 
 Sect. I. THE UNITERS ITT. 
 
 Art. I. WHEREAS our wife and pious anceftors, fo 
 early as the year one thoufand fix hundred and thirty-fix, 
 laid the foundation of Harvard College ; in which univer- 
 fity many perfons of great eminence, have, by the blelfing 
 of God, been initiated in thofe arts and fciences, which qua¬ 
 lified them for public employments, both in church and (late: 
 and whereas the encouragement of arts and fciences, and all 
 good literature, tends to the honour of God, the advantage 
 of the Chfifiian religion, and the great benefit of this and 
 
CONSTITUTION Of 
 
 58 
 
 the other United States of America. It is declared, that the 
 Prefident and Fellows of Harvard College, in their coporate 
 capacity, and their fucceffors in that capacity, their officers 
 and fervants, fhall have, hold, ufe, exercife, and enjoy all 
 the powers, authorities, rights, liberties, privileges, immu¬ 
 nities and franchjfes, which they now have, or are entitled 
 to have, hold, ufe, exercife and enjoy : and the fame are 
 hereby ratified and confirmed unto them, the faid Prefident 
 and Fellows of Harvard College, and to their fucccflbrs, and 
 to their officers and fervants, refpedively, forever. 
 
 II. And whereas there have been, at fundry times, by di¬ 
 vers perfons, gifts, grants, devifes of houfes, lands, tene¬ 
 ments, goods, chatties, legacies, and conveyances, hereto¬ 
 fore made, either to Harvard College, in Cambridge, in Ncw- 
 England, or to the Prefident and Fellows of Harvard College, 
 or to the faid College, by fome other defeription, under feve- 
 ral charters fucceffively—it is declared, that all the faid gifts, 
 grants, devifes, legacies, and conveyances, are hereby for¬ 
 ever confirmed unto the Prefident and Fellows of Harvard 
 College, and to their fuccefiors in the capacity aforefaid, ac¬ 
 cording to the true intent and meaning of the donor or donors, 
 grantor or grantors, devifor or devifors. 
 
 III. And whereas, by an acl of the General Court of the 
 colony of Mafifachufetts-Bay, pa fled in the year one thoufand 
 fix hundred and forty-two, the Governor and Deputy Go¬ 
 vernor, for the time being, and all the Magiftrates of that 
 jurifdidion, were, with tire Prefident, and a number of the 
 Clergy in the faid ad deferibed, conftitutcd the overfeers of 
 Harvard College—and it being neceflary, in this new con- 
 fiitution of government, to afeertain, who fhall be deemed 
 fucccflbrs to the faid Governor, Deputy Governor, and Ma- 
 giftrates—it is declared, that the Governor, Lieutenant Go¬ 
 vernor, Council, and Senate of this commonwealth, are, 
 and fhall be deemed their fuccefiors ; who, with the Prefident 
 of Harvard College, for the time being, together with the 
 minifters of the congregational churches, in the towns of 
 Cambridge, Watertown, Churleftown, Bofton, Roxbury, and 
 Dorchefter, mentioned in the faid ad, fhall be, and hereby 
 are, veiled with all the powers and authority belonging, or 
 in anyway appertaining, to the overfeers of Harvard College : 
 
 •—provided, that nothing herein (hall be confirmed to pre- 
 
MASSACHUSETTS. 
 
 59 
 
 vent the Legiflature of this commonwealth, from making 
 fuch alterations in the government of the faid univerfity, as 
 (hall be conducive to its advantage, and the intereft of the 
 republic of letters, in as full a manner, as might have been 
 done by the Legiflature of the late province of the Mafla- 
 chufetts-Bay. 
 
 CHAP. V. Section II. 
 
 THE ENCOURAGEMENT OF LITERATURE, 
 WISDOM and knowledge, as well as virtue, diffufed ge¬ 
 nerally among the body of the people, being neceffary for the 
 prefervation of their rights and liberties : and as thefe depend 
 on fpreading the opportunities and advantages of education, 
 in the various parts of the country, and among the different or¬ 
 ders of the people, it fnall be the duty of the Legiflatures and 
 Magiflrates, in all future periods of this commonwealth, to 
 cherifh the interefl of literature and the fciences, and all fe- 
 minaries of them ; efpecially the univerfity at Cambridge, 
 public fchools and grammar fchools in the towns; to encou¬ 
 rage private focieties and public inflitutions, by rewards and 
 immunities, for the promotion of agriculture, arts, fciences, 
 commerce, trades, manufactures, and a natural hiftory of 
 the country ; to countenance and inculcate the principles of 
 humanity and general benevolence, public and private cha¬ 
 rity, induftry, and frugality, honefty and punctuality in their 
 dealings ; fincerity, good humour, and all focial affections 
 and generous fentiments among the people. 
 
 CHAP. VI. 
 
 Oaths and fulfcriptions ; incompatibility of and excluJioH from 
 offices ; pecuniary qualifications ; commiffions ; writs ; con - 
 frmation of laws ; habeas corpus ; the evading f ile ; con¬ 
 tinuance of officers ; prowfion for a future revifal of tha> 
 ccnjlitution , &c. 
 
 Art. I. Any perfon, chofen Governor, or Lieutenant 
 Governor, Counfellor, Senator, or Reprefentative, and ac¬ 
 cepting the truft, (hall, before he proceed to execute the du¬ 
 ties of his place or office, take, make and fublcribe the fol¬ 
 lowing declaration, viz.— 
 
 “ I, A. B. do declare, that I believe the Chriftian religion, 
 and have a firm perfuafion of its truth; and that I am feized 
 
6 o 
 
 CONSTITUTION OF 
 
 and poflefled, in my own right, of the property, required by 
 the conftitution, as one qualification for the office or place, 
 to which I am eleded.” 
 
 And the Governor, Lieutenant Governor, and Counfellors, 
 fhall make and fubfcribe the faid declaration, in the prefence 
 of the tvvoHoufesof Affiembly; and the Senators and Repre-j 
 fentatives firft viewed under this conftitution, before the Pre-j 
 iident and five of the Council of the former conftitution 
 and, forever afterwards, before the Governor and Council 
 for the time being. 
 
 And every perfon, chofen to either of the places or offices 
 aforefaid, as alfo any perfon, appointed or comrniffioned to 
 any Judicial, Executive, Military, or other office under the 
 government, fhall, before he enters on the difcharge of the 
 bufinefs of his place or office, take and fubfcribe the follow¬ 
 ing declaration, and oaths or affirmations, viz.-— 
 
 “ I, A. B. do truly and fincerely acknowledge, profefs, 
 teftify, and declare, that the commonwealth of Maffachufetts 
 is, and of right ought to be, a free, fovereign and independ¬ 
 ent ftate ; and I do fwear, that I will bear true faith and allegi¬ 
 ance to the faid commonwealth, and that I will defend the 
 fame againft traitorous conspiracies, and all hoftile attempts 
 whatfoever:—and that I do renounce and abjure all allegi¬ 
 ance, fubjedtion, and obedience, to the King, 2>uten or Gk>- 
 *vernment of Great Britain, as the cop may be , and every other 
 foreign power whatfoever.—And that no foreign Prince, 
 perfon, prelate, ltate or potentate, hath, or ought to have, 
 any jurifdi&ion, fuperiority, pre-eminence, authority, dif- 
 penfing, or other power, in any matter, civil, ecclefiaftical, 
 orfpiritual, within this commonwealth ; except the authori¬ 
 ty and power, which is or may be veiled, by their conftitu- 
 ents, in the Congrefs of the United States; and Ido further 
 teftify and declare, that no man or body of men, hath or can 
 have any right to ahfolvc or difcharge me from the obligation 
 of this oath, declaration or affirmation ; and that I do make 
 this acknowledgment, proicffion, teftimony, declaration, 
 denial, renunciation and abjuration, heartily and truly, ac¬ 
 cording to the common meaning and acceptation of the fore¬ 
 going words, without any equivocation, mental evafion, or 
 fccret refervation whatfoever. So help me God.” 
 
 “ I, A . 2 t do folemnly fwear and affirm, that I will faiths 
 
MASSACHUSETTS. 
 
 61 
 
 fully and impartially difcharge and perform all the duties, in¬ 
 cumbent on me as according to the beft of my 
 
 abilities and undemanding, agreeably to the rules and regu- 
 tions of the conftitution, and the laws of this commonwealth. 
 So help me God.” 
 
 Provided always, that when any perfon chofen or appoint¬ 
 ed as aforefaid, {hall be of the denomination of the people 
 called Quakers, and {hall decline taking the faid oaths, he fhall 
 make his affirmation in the foregoing form, and fubferibe the 
 fame, omitting the words, (i I do fwear ,” <( and abjured* 
 “ oath,” “ and abjuration ,” in the firffc oath ; and in the fe- 
 cond oath, the words, “ /-wear and and in each of them 
 the words, “ So help me God fubjoining inftead thereof, 
 i( dShis I do under the pains and penalties of perjury” 
 
 And the faid oaths or affirmations fhall be taken and fub- 
 feribed, by the Governor, Lieutenant Governor, and Coun- 
 fellors, before the Prefident of the Senate, in the prefence of 
 the two Houfes of Afiembly ; and by the Senators and Repre- 
 fentatives firft elected under this conftitution, before the Pre¬ 
 fident, and five of the Council, of the former conftitution ; 
 and, forever afterwards, before the Governor and Council 
 
 A KmIO I»v • « U »r *ll£» A - - d 
 
 jut Lais* liiuv . ciijvi uy tac xv^nuu^ ui w11uaiLUb cuuiciaiUj 
 
 before fuch perfons and in fueh manner, as from time to time 
 fhall be preferibed by the Legiftature. 
 
 II. No Governor, Lieutenant Governor or Judge of the 
 Supreme Judicial Court, fhall hold any other office, or place 
 under the authority of this commonwealth, except fuch as 
 by this conftitution they are admitted to hold, faving that the 
 Judges of the faid court may hold the offices of Juftices of the 
 Peace through the ftate ; nor fhall they hold any other place or 
 office, or receive any penfion or falary, from any other ftate, 
 or government, or power, whatever. 
 
 No perfon fhall be capable of holding or exercifing, at the 
 fame time, more than one of the following offices within this 
 ftate, ‘viz* Judge of Probate, Sheriff, Regifter of Probate, or 
 Regifter of Deeds : and never moro than any two offices, 
 which are to be held by appointment of the Governor, or the 
 Governor and Council, or the Senate, or the Ploufe of Re- 
 prefentatives, or by the cle&ion of the people of the ftate at 
 large, or of the people of any county, (military officer, and 
 the office of Juftiee of the Peace excepted) fhall be held by 
 one perfon. 
 
6 2 
 
 CONSTITUTION OF 
 
 No perfon, holding the office of Judge of the Supreme Ju¬ 
 dicial Court, Secretary, Attorney General, Solicitor General, 
 Treafurer or Receiver General, Judge of Probate, Commiffa- 
 ry General; Prefident, Profeffor, or Inflrudtor of Harvard 
 College ; Sheriff, Clerk of the Houfe of Reprefentatives, 
 Regifter of Probate, Regifter of Deeds, Clerk of the Su¬ 
 preme Judicial Court, Clerk of the Inferior Court of Com¬ 
 mon Pleas, or officer of the Cuftoms, (including in this de- 
 fcription naval officers) fhall at the fame time have a feat in 
 the Senate or Houfe of Reprefentatives ; but their being 
 chofen or appointed to, and accepting the fame, fhall operate 
 as a refignation of their feat in the Senate or Houfe of Repre¬ 
 fentatives ; and the place fo vacated (hall be filled up. 
 
 And the fame rule fhall take place, in cafe any Judge, of 
 the faid Supreme Judicial Court, or Judge of Probate, fhall 
 accept a feat in Council ; or any Counfellor fhall accept of 
 cither of thofe offices or places. 
 
 And no perfon fnall ever be admitted to hold a feat in the 
 LegiHature, or any office of truft or importance under the 
 government of this commonwealth, who fhall, in the due 
 courfe of law, have been convicted of bribery, or corruption 
 in obtaining an election or appointment. 
 
 III. In ail cafes, where fums of money are mentioned in 
 
 ^ “ 9 
 
 this conftitution, the value thereof fhall be computed in filver, 
 at fix fbillings and eight pence per ounce : and it fhall be in the 
 power of the Legiflature, from time to time, to iacreafe fuch 
 qualifications, as to property, of the perfons to be eledfed in¬ 
 to offices, as the circumftances of the commonwealth fhall 
 require. 
 
 IV. All commiffions fhall be in the name of the common¬ 
 wealth of Maffachufetts, figned by the Governor, and atteft- 
 ed by the Secretary or his Deputy, and have the great feal 
 of the commonwealth affixed thereto. 
 
 V. All writs, iffuing out of the Clerk’s office, in any of 
 the courts of law, (hall be in the name of the commonwealth 
 of Maffachufetts; they fhall be under the feal of the court 
 from whence they iffue : they fhall bear teft of the firft 
 Juftice of the court, to which they fhall be returnable, (who 
 is not a party) and be figned by the Clerk of fuch court. 
 
 VI. All the laws, which have heretofore been adopted, 
 afed and approved in the province, colony or ftate of Mafia. 
 
MASSACHUSETTS. 
 
 63 
 
 chufetts-Bay, and ufually pradtifed on in the courts of law, 
 fhall ftill remain and he in full force, until altered or repealed 
 by the Legiflature : fuch parts only excepted, as are repug¬ 
 nant to the rights and liberties contained in this conflitution. 
 
 VII. The privilege and benefit of the writ of habeas cor¬ 
 pus fhall be enjoyed in this Commonwealth, in the mort free, 
 eafy, cheap, expeditious and ample manner; and fhall not 
 be fufpended by the Legiflature, except upon the raoft urgent 
 and prefling occartons, and for a limited time not exceeding 
 twelve months. 
 
 VIII. The enabling ftile, in making and palling all aCls, 
 flatutes, and laws, fhall be, “ Be it enaded by the Senate 
 and Houfe of Reprefentatives, in General Court affembled, 
 and by the authority of the fame,,” 
 
 IX. To the end there may be no failure of juflice, or 
 danger arife to the commonwealth, from a change of the. 
 form of government,—all officers civil and military, holding 
 commiffions under the government and people of Maffachu- 
 fetts-Bay, in New-England, and all other officers of faid go¬ 
 vernment and people, at the time this conflitution fhall take 
 effeCl, fhall have, hold, ufe, exercife and enjoy, all the pow¬ 
 ers and authority to them granted or committed, until other 
 perfons fhall be appointed in their Head : and all courts of 
 law fhall proceed in the execution of the bufinefs of their re- 
 fpedive departments ; and all the executive and legiflative offi¬ 
 cers, bodies and powers fhall continue in full force in the en¬ 
 joyment and exercife of all their trulls, employments and 
 authority ; until the General Court, and the fupreme and 
 executive officers, under this conflitution, are defignated 
 and inverted with their refpedive trufts, powers and au¬ 
 thority. 
 
 X. In order the more effedually to adhere to tha princ¬ 
 iples of the conflitution, and to correCl thofe violations which 
 by any means may be made therein, as well as to form fuch 
 alterations as from experience fhaii be found necertkry, the 
 General Court, which fhall be in the year of our Lord one 
 thoufand feven hundred and ninety-five, fhall ifi'ue precepts 
 to the Selectmen of the feveral towns, and to the AlTefi’ors of 
 the unincorporated plantations, diret-brig them to convene 
 the qualified voters of their refpedive towns and plantations, 
 for the puroofeof collecting their fentiments, on the neceflity 
 
6 4 
 
 CHARTER OF 
 
 or expediency of revifing the conftitution in order to amend.) 
 ments. 
 
 And if it (hall appear, by the returns made, that two-thirdt 
 of the qualified voters throughout the ftate, who fhall afTem-l 
 ble and vote in confequence of the faid precepts, are in favour 
 of fuch revifion or amendment, the General Court fhall iffue 
 precepts, ordired: them to be iflued from the Secretary’s of¬ 
 fice, to the feveral towns, to eledt delegates to meet in con¬ 
 vention, for the purpofe aforefaid. 
 
 The faid delegates to be chofen in the fame manner and 
 proportion, as their Reprefentatives, in the fecond branch of 
 the Legiflature, are by this conftitution to be chofen. 
 
 XI. This form of government fhall be enrolled on parcfr 
 ment, and depofited in the Secretary’s office, and be a part 
 of the laws of the land: and printed copies thereof fhall be 
 prefixed to the book containing the laws of this common¬ 
 wealth, in all future editions of the faid laws. 
 
 JAMES BOWDQIN, Prefident. 
 
 Attejt, Samuel Barret, Secretary, 
 
 •—— 
 
 RHODE-ISLAND. 
 
 Rhode-IJIand Charter , granted by King Charles II, in the 
 fourteenth year of his reign, 
 
 Quintadecima pars Patentium Anno Regni Regis Caroli Secun - 
 
 di Quwtodecitno, 
 
 C HARLES the Second, by the grace of God, See, To 
 all, to whom thefe prefents fhall come, greeting. 
 Whereas we have been informed, by the petition of our trufty 
 and well beloved fubjefrs, John Clarke, on the behalf of 
 Bcnedidf Arnold, William Brenton, William Codington, Ni¬ 
 cholas Eaftcn, William Bouillon, John Porter, John Smith, 
 Samuel Gorton, John Weekes, Roger Williams, Thomas 
 Oiney, Gregory Dexter, John Cogefhall, Jofeph Clarke, 
 Randall Houlden, John Greene, JohnRoorne, Samuel Wild- 
 bore, William Field, James Barker, Richard Tew, Thomas 
 Harris, and William D yre, and the reft of the purchafers, 
 and free inhabitants of our ifland called Rhode-Ifland, and 
 the reft of the colony of Providence Plantations, in the Nar- 
 ragaufet Bay, in New-England, in America—That they, 
 
RHODE-ISLAND. 
 
 purfuing with peace and loyal minds their fober, ferious, and 
 religious intentions, of Godly edifying themfelves, and one 
 another, in the holy Chriftian faith and worfhip as they 
 were perfuaded, together with the gaining over and conver- 
 fion of the poor ignorant Indian natives, in thole parts of 
 America, to the fincere profeffion and obedience of the fame 
 faith and worfhip, did not only, by the confcnt and good 
 encouragement of our royal progenitors, tranfport themfelves 
 out of this kingdom of England, into America ; but alfo 
 fince their arrival there, after their ftrft fettlement amOngft 
 . other of our fubjeds in thofe parts, for the avoiding of dif- 
 cord, and thofe many evils which were likely to enfue upon 
 thofe our fubjeds, not being able to bear, in thofe remote 
 parts, their different apprehenfions in religious concernments : 
 and in purfuance of the aforefaid ends, did once again leave 
 their defirable flations and habitations, and with exceffive 
 labour and travel, hazard and charge, did tranfplant them¬ 
 felves into the mid ft of the Indian natives, who, as we are 
 informed, are the moft potent princes and people of all that 
 country ; where, by the good providence of God, (from 
 whom the plantations have taken their name) upon their la¬ 
 bour and induftry, they have not only been preferved to ad¬ 
 miration, but have increafed and profpered, and are feized 
 and poffeffed, by purchafe and confent of the faid natives, 
 to their full content, of fuch lands, iilands, rivers, harbours, 
 and roads, as are very convenient both for plantations, and aifa 
 for building of ihips, fupply of pipe-ftaves, and other merchan- 
 dife, which lie very commodious, in many refpcds, for com¬ 
 merce, and to accommodate our fouthern plantations, and 
 may much advance the trade of this our realm, and greatly 
 enlarge the territories thereof; they having by near neigh¬ 
 bourhood to, and friendly fociety with, the great body of 
 Narraganfet Indians, given them encouragement, of their 
 own accord, to fubjed themfelves, their people and land 
 unto us ; whereby, as is hoped, there may, in time, by the 
 bleffmg of God upon their endeavours, be laid a fure founds-. 
 |; don of happinefs to all America :— 
 
 And whereas, in their humble addrefs, they have freely 
 declared, that it is much pn their hearts (if they be permit¬ 
 ted) to hold forth a lively experiment that a moft flourifhing 
 civil ftate may ftand, and belt be maintained, and that among 
 
 G 
 
66 
 
 CHARTER OF 
 
 our Englifli fubjeds, with a full liberty in religious con¬ 
 cernments ; and that true piety, rightly grounded upon 
 gofpel principles, will give the bed and greateft fecurity to 
 1'overeignty, and will lay in the hearts of men the ftrongeft 
 obligations to true loyalty :— 
 
 Now, know ye, that we—(being willing to encourage 
 the hopeful undertaking of our faid loyal and loving fubjeds, 
 and to Secure them in the free exercife and enjoyment of all 
 their civil and religious rights appertaining to them, as cur 
 loving fubjeds, and to Secure them in the free exercife and 
 enjoyment of all their civil and religious rights appertaining 
 to them, as our loving fubjeds ; and to preferve unto them 
 that liberty, in the true Chriftian faith, and worfhip of 
 God, which they have Sought (with So much travel, and 
 with peaceable minds and loyal fubjedion to our royal pro¬ 
 genitors and ourfelves) to enjoy ; and becaufe Some of the 
 people and inhabitants of the fame colony cannot, in their 
 private opinion, conform to the public exercife of religion, 
 according to the liturgy, form and ceremonies of the church 
 of England, or take or fubferibe the oaths and articles, made 
 and eftablifhed in that behalf ; and for that the fame, by 
 reafon of the remote diftances of thofe places; will, as we 
 hope, be no breach of the unity and uniformity eftablifhed 
 in this nation—) have therefore thought fit, and do hereby 
 publifh, grant, ordain, and declare that our royal will and 
 pleafure is— 
 
 That no perfon within the faid colony, at any time here¬ 
 after, (hall be anywife molefted, punifhed, difquieted, or 
 called in queftion, lor any differences in opinion in matters 
 of religion, who do not actually difturb the civil peace of 
 our faid colony ; but that all and every perfon and perfons 
 may, from time to time, and at ail times hereafter, freely 
 and fully have and enjoy his and their own judgments and 
 confciences, in matters of religious concernments, through¬ 
 out the trad: of land hereafter mentioned—they behaving 
 themfelves peaceably and quietly, and not ufing this liberty, 
 to licentioufnefs and profanenefs, nor to the civil injury or 
 outward difturbance of others ;—any law, ftatute, or claufe 
 therein contained, or to be contained, ufage or cuftom of this 
 realm, to the contrary hereof, in any wife notwithftanding. 
 
RHODE-ISLAND. 
 
 67 
 
 And that they may be in the better capacity to defend 
 themfeives, in their juft rights and liberties, againft all the 
 enemies of the Chriftian faith, and others, in all refpe<fts— 
 we have further thought fit, and at the humble petition of 
 the perfons aforefaid, are graciouflv pleafed to declare,— 
 That they fhall have and enjoy the benefit of our late aft 
 of indemnity, and free pardon, as the reft of our fubjefts in 
 other our dominions, and territories have; and to create 
 and make them a body politic or corporate, with the powers 
 or privileges herein after mentioned. And, accordingly, our 
 will and pleafure is, and of our efpecial grace, certain know¬ 
 ledge and mere motion, we have ordained, conftituted and 
 declared ; and by thefe prefents, for us, our heirs and fuc- 
 ceftbrs, do ordain, conftitute and declare, that they the faid 
 William Brenton, William Codington, Nicholas Eafton, 
 Benedict Arnold, William Boulfton, John Porter, Samuel 
 Gorton, John Smith, John Weekes, Roger Williams, Tho¬ 
 mas Olney, Gregory Dexter, John Cogeftiall, Jofeph Clarke, 
 Randall Houlden, John Greene, John Roome, William. 
 Dyre, Samuel Wildbore, Richard Tew, William Field, 
 Thomas Harris, James Barker, Rainfborrow, 
 
 Williams, and John Nickfon, and all fuch others as are now’, 
 or hereafter fhall be admitted free of the company and foci- 
 ety of our colony of Providence plantations, in the Narra- 
 ganfet Bay, in New-England, fhall be, from time to time, 
 and for ever hereafter, a body corporate and politic, in fadt 
 and name, by the name of The Governor and company of the 
 Englifh colony of Rhode-Ifland, and Providence plantations, 
 in New-England, in America ; and that by the fame name, 
 they and their fucceffors ftiali and may have perpetual fuc- 
 cefiion, and fhall and may be perfons able and capable in the 
 law to fue and be fued, to plead and be impleaded, toanfwer 
 and to be anfwered unto, to defend and to be defended, in all 
 and Angular fuits, caufes, quarrels, matters, aftions and things, 
 of what kind or nature foevcr ; and alfo to have, take, pof- 
 fefs, acquire, and purchafe lands, tenements, or heredita¬ 
 ments, or any goods or chatties, and the fame to Icafc, grant, 
 demife, alien, bargain, fell, anddifpofe of, at their own will 
 and pleafure, as other our liege people of this our realm of 
 England, or any corporation or body politic within the fame, 
 may lawfully do ; 
 
68 
 
 CHARTER OF 
 
 And further, that they the faid Governor and Company, 
 and their fucceffors, fhail and may, forever hereafter, have 
 a common feal, to ferve and ufe for ail matters, caufes, things 
 and affairs whatfoever, of them and their fucceffors : and 
 the fame feal to alter, change, break, and make new, from 
 time to time, at their will and pleafure, as they fhail think fit. 
 
 And further, we will and ordain, and by thefe prefents, for 
 »s, our heirs and fucceffors, declare and appoint, that, forj 
 the better ordering and managing of the affairs and bufinefs 
 of the faid company and their fucceffors, there fhail be one 
 Governor, one Deputy-Governor, and ten afliftants, to be 
 from time to time conftituted, elefted and chofen, out of the 
 freemen of the faid company, for the time being, in fuch 
 manner and form, as is hereafter in thefe prefents expreffed ; 
 which faid officers fhail apply themfelves to take care, for the 
 beft difpofing and ordering of the general bufinefs and affairs 
 of, and concerning the lands and hereditaments herein after 
 mentioned to be granted, and the plantation thereof, and 
 ihe government of the people there. 
 
 And for the better execution of our royal pleafure herein, 
 we do, for us, our heirs and fucceffors, affign, name, conflitute 
 and appoint, the aforefaid Benedict Arnold, to be the firft: 
 and prefent Governor of the faid company ; and the faid 
 William Brenton, to be the Deputy Governor; and the faid 
 William Bouillon, John Porter, Roger Williams, Thomas 
 Oiney, John Smith, John Greene, John Cogefhall, James 
 Barker, William Field, and Jofcph Clarke, to be the ten 
 prefent affiftants of the faid company, to continue in the faid 
 ieveral offices refpe£lively, until the firft Wednefday which 
 ihall be in the month of May now next coming. 
 
 And further, we will, and by thefe prefents, for us, our 
 heirs, and fucceffors, do ordain and grant, that the Governor 
 of the Did company, for the time being, or in his abfence, 
 by occafion of ficknefs, or othenvife, by his leave or permif- 
 fion, the Deputy Governor for the time being, fliall and may 
 from time to time, upon all occafions, give orders for the af- 
 fembling of the faid company, and calling them together, to 
 confult and advife of the bufinefs and affairs of the faid com¬ 
 pany ; and that forever hereafter, twice in every year, that 
 is to fay, on every firft Wednefday in the month of May, and 
 cn every laft Wednefday in (Xicber, or oftener, in cafe it 
 
RHODE-ISLAND; 
 
 Shall be requisite, the affifiants, and fuch of the freemen of 
 the faid company, not exceeding Six perfons for Newport, 
 four perfons for each of the refpeftive towns of Providence, 
 Portsmouth, and Warwick, and two perfons for each other 
 place, town, or city, who {loall be from time to time there¬ 
 unto deeded or deputed by the major part of the freemen of 
 the refpedive towns or places, for which they (hail be fo 
 eleided or deputed, (hall have a general meeting or affembly, 
 then and there to confult, advife and determine, in and about 
 the affairs and bufinefs of the faid company and plantations. 
 
 And further, we do, of our efpecial grace, certain know¬ 
 ledge, and mere motion, give and grant unto the faid Go¬ 
 vernor, and Company of the Englifh Colony of Rhode-Ifiand, 
 and Providence Plantations, in New-England, in America, 
 and their fuccelTors, That the Governor, or in his abfence, 
 or by his permiffion, the Deputy Governor of the faid com¬ 
 pany, for the time being, the affifiants, and fuch of the free¬ 
 men of the faid company, as fhali be fo aforefaid defied or 
 deputed, or fo many of them as flu all be prefent at fuch meet¬ 
 ing or affembly, as aforefaid, fhali be called the General Af- 
 fembly \ and that they, or thegreateft part of them then pre¬ 
 fent (whereof the Governor, or Deputy Governor, and fix of 
 the affifiants at leaft, to be feven) fhali have, and have here¬ 
 by given and granted unto them, full power and authority, 
 from time to time, and at all times hereafter, to appoint, 
 alter, and change fuch days, times and places of meeting, 
 and general affembly, as they fhali think fit; and to chufe, 
 nominate, and appoint fuch and fo many perfons as they 
 fhali think fir, and (hall be willing to accept the fame, to be 
 free of the faid company and body politic, and them into the 
 fame to admit; and to eleft, and confiitute fuch offices and 
 officers, and to grant fuch needful commifiions, as they fhali 
 think fit and requifite, for ordering, managing, and dis¬ 
 patching of the affairs of the faid Governor and company, and 
 their fucceffors : and from time to time, to make, ordain, 
 confiitute, and repeal, fuch laws, ftatutes, orders and ordi¬ 
 nances, forms, and ceremonies of government and magiftra- 
 as to them fhali feem meet, for the good and welfare of 
 the faid company, and for the government and ordering of 
 the lands and hereditaments herein after mentioned to he 
 granted, and of the people that do, or at any time hereafter 
 
 G 2 * 
 
CHARTER OF 
 
 7 P 
 
 {hall Inhabit, or be within the fame; fo as inch laws, ordi-j 
 nances, and conftitutions, fo made, be not contrary and re¬ 
 pugnant unto, but, (as near as may be) agreeable to the 
 laws ol this pur realm of England, conlidermg the nature 
 md confiiturion of the place and people there ; and alfo, to 
 appoint, order, and diredt, erect and fettle fuch places and 
 Courts ol K nfdietion, forbearing and determining of ail ac¬ 
 tions, cafes, matters and things, happening within the fuid 
 colony and plantation, and which .lhall be in difpute, and 
 depending there, as they fhall think fit; and alfo to diftin- 
 guifh and fet forth the feveral names and titles, duties, pow¬ 
 ers, and limits, of each court, office, and officer, fuperior 
 and inferior ; and alfo, to contrive and appoint fuch forms of 
 oaths and alterations, not repugnant, but (as near as may be) 
 agreeable, as aforefaid, to the laws and lfatutes of this our 
 realm, as are convenient and requifite, with refpeft to the 
 due adminiftration of juftice, and due execution anddifeharge 
 of ail offices and places of trull, by the perfons that final! be 
 therein concerned ; and alfo to regulate and order the wav 
 and manner of al! elections to offices and places of truft, and 
 to prefcril ie, limit and diitinguifh the number and bounds of 
 all places, towns and cities, within the limits and bounds 
 herein alter mentioned, and not herein particularly named, 
 that have or (hall have the power of electing and fending of 
 freemen to the faid General Affembly ; and alfo to order, di- 
 ieCl:, and act ho rife the impofing of lawful and reafonable 
 fines, molds, imprifonment, and executing other punifh- 
 ments, pecuniary and corporal, upon offenders and delin¬ 
 quents, according to the courfe of other corporations, with¬ 
 in this our kingdom of England ; and again, to alter, revoke, 
 annul or pardon, under their common leal, or other wife, 
 fuch fines,, mulds, imprisonments, fentences, judgments 
 and condemnations, as lhall be thought fit; and to di es%, 
 rule, order, and difpofe of all other matters and things, and 
 particularly that which relates to the making of purchafes of 
 the native Indians, as to them (hall feem meet; whereby our 
 faid people, and inhabitants in the (aid plantations, may be 
 fo religioully,. peaceably, and civilly governed, as that, by 
 their good lire, and orderly converfaticn, they may win and 
 invite the native Indians of the country, to the knowledge, 
 and obedience of the only true God and Saviour of mankind \ 
 
RHODE-ISLAND. 
 
 7* 
 
 willing, commanding and requiring, and by thefe prefents, 
 for us, our heirs, and fucceffiors, ordaining and appointing, 
 that all fueh laws, ftatutes, orders and ordinances, inftruCti- 
 ons, impofitions and directions, as fhall be fo made by the 
 Governor, deputy, afiiftants, and freemen, or fuch number 
 of them as aforefaid, and pubiifhed in writing under their 
 common feal, (hall be carefully and duly obferved, kept, 
 performed, and put in execution, according to the true in¬ 
 tent and meaning of the fame. And thefe our letters patents, 
 or the duplicate or exemplification thereof, fhall be, to all 
 and every fuch officers, fuperior or inferior, from time to 
 time, for the putting of the fame orders, laws, ftatutes, ordi- 
 nances, inftruCtions, and directions, in due execution, 
 again!! us, our heirs and fucceffiors, a fufficient warrant and 
 difeharge. 
 
 And further, our will and pleafure is, and we do hereby 
 for us, our heirs and fucceffiors, eftabiifh and ordain, That 
 yearly, once in the year for ever hereafter, namely, the afore¬ 
 faid Wednefday in May, and at the town of Newport, or 
 elfewhere if urgent occafion do require, the Governor, de¬ 
 puty Governor, and affiiftants of the faid company, and other 
 officers of the faid company, or fuch of them as the general 
 affiembly (hall think fit, (hall be in the faid general court or 
 affembly, to be held from that day or time, newly chofen 
 for the year enfuing, by the greater part of the faid company 
 for the time being, as (hall be then and there prefent. And if 
 it (hail happen, that the prefent Governor, deputy Governor, 
 
 I and affiiftants, by thefe prefents appointed, or any fuch as (hall 
 hereafter be newly chofen into their rooms, or any of 
 
 ( them, or any other the officers of the faid company, fhall die, 
 or be removed from his or their feveral offices or places, he¬ 
 ir fore the faid general day of election, (whom we do hereby de- 
 ! clare for any mifdemeanor or default, to be removable by the 
 ^ Governor, affiiftants and company, or fuch greater part of 
 them, in any of the faid public courts to be affiernbled, as 
 | aforefaid) that then, and in every fuch cafe, it fhall and may be 
 lawful to and for the faid Governor, Deputy Governor, af- 
 £ fiftants, and company aforefaid, or fuch greater part of them 
 ■ fo to be affiernbled, as is aforefaid, in any of their affemblies, 
 
 \ to proceed to a new election of one or more of their company 
 .■ in the room or place, rooms or places, of fuch officer or offi- 
 
72 
 
 CHARTER OF 
 
 cers, fo dying, or removed, according to their direflions. And! 
 immediately upon and after fuch eie&ion or eie&ions made of 
 fuch Governor, Deputy Governor, affiftant or affiflants, or 
 any other officer of the faid company, in manner and form 
 aforefiid, the authority, office and pov/er, before given to the; 
 former Governor, Deputy Governor, and other officer and of¬ 
 ficers fo removed, in whofe {lead and place new fhall be cho- 
 fen, fhall, as to him and them, and every of them refpective- 
 ly, ceafe and determine:—Provided always, and our will 
 andpleafure is, that as well fuch as are by thefe prefents appoint¬ 
 ed to be the prefent Governor, Deputy-Governor, and Af- 
 fiftants of the faid Company, as thofe which fhall fucceed 
 them, and ail other officers, to be appointed and chofen as 
 aforefaid, fhall, before the undertaking the execution of 
 the faid offices and places refpeftiveiy, give their folemn en¬ 
 gagement, by oath or otherwife, for the due and faithful 
 performance of their duties, in their feveral offices and places, 
 before fuch perfon or perfons, as are by thefe prefents here¬ 
 after appointed to take and receive the fame ;—that is to fay, ; 
 the faid Benedict Arnold, who is herein before nominated and 
 appointed the prefent Governor of the faid Company, fhall give 
 the aforefaid engagement, before William Brenton, or any 
 two of the faid afiiftants, of she faid company, unto whom 
 we do by thefe prefents give full power and authority to re¬ 
 quire and receive the fame : and the faid William Brenton, 
 who is hereby before nominated and appointed the pre¬ 
 fent Deputy-Governor of the faid company, fhall give 
 the aforefaid engagement before the faid Benedict Arnold, 
 dr any two of the affiflants of the faid company, unto whom 
 we do, by thefe prefents, give full power and authority to 
 require and receive the fame ; and the faid William Boui¬ 
 llon, John Porter, Roger Williams, Thomas Olney, John 
 Smith, John Greene, John Cogefhall, James Barker, William 
 Field, and Jofeph Clarke, who are herein before nominated 
 and appointed the prefent affiilants of the company, fhall give 
 the faid engagement to their offices and places refpedlively 
 belonging, before the faid Benedict Arnold and William 
 Brenton, or one of them, to whom refpeftively we do hereby 
 give full power and authority to require, adminifler, or re¬ 
 ceive the fame. And further our will and pleafure is, that 
 all and every other future Governor, or Deputy-Governor, 
 

 RHODE.ISLAND. 
 
 73 
 
 f to be ele&ed and chofen by virtue of thefe prefents, fhall 
 give the {aid engagement before two or more of the faid af- 
 fiftants of the faid company, for the time being, unto whom 
 we do, by thefe prefents, give full power and authority to 
 require, adminifter or receive the fame ; and the faid affiftants, 
 and every of them, and all and every other officer or officers, 
 to be hereafter elected and chofen by virtue of thele pre¬ 
 fents, from time to time, fhall give the like engagements to 
 ! their offices and places refpeCtively belonging, before the 
 : Governor, or Deputy-Governor, for the time being ; unto 
 which faid Governor, or Deputy-Governor, we do by thefe 
 prefents give full power and authority, to require, adminif¬ 
 ter, or receive the fame accordingly. 
 
 And we do likewife, for us, our heirs and fucceffiors, give 
 and grant unto the faid Governor and company, and their 
 fucceffiors, by thefe prefents, that for the more peaceably 
 and orderly government of the faid plantations, it fhall and 
 may be lawful for the Governor, Deputy-Governor, affift- 
 ants, and all other officers and minifters of the faid company, 
 in the adminiftration of juftice, and exercife of government, 
 in the faid plantations, to ufe, exercife, and put in execution, 
 fuch methods, rules, orders, and directions, (not being con¬ 
 trary and repugnant to the laws and Ifatutes of this our reaim) 
 as have been heretofore given, ufed, and accuftorned in fuch 
 cafes refpeCtively, to be put in practice, untii at the next, 
 or fome other general affiembly, efpecial provifion fhall be 
 made in the cafes aforefaid. 
 
 And we do further, for us, our heirs and fucceffiors, give 
 and grant unto the faid Governor and company, and their 
 fucceffiors, by thefe prefents, that it fhall and may be lawful 
 to and for the faid Governor, or, in his abfence, the Deputy 
 Governor, and major part of the faid affiftants for the time 
 being, at any time, when the faid General Affiembly is not fit¬ 
 ting, fo nominate, appoint and conftitute fuch and fo many 
 commanders, governors, and military officers, as to them fhall 
 feem requifite, for the leading, conducing, and training up 
 the inhabitants of the faid plantations in martial affairs, and 
 for the defence and fafeguard of the faid plantations ; and 
 that it fhall and may be lawful to and for all and every fuch 
 commander, governor, and military officer, that fhall bs 
 fo as aforefaid, or by the governor, or in his abfence the De~- 
 
74 
 
 CHARTER OF 
 
 puty Governor, and fix of the a Aidants, and major part ol 
 the freemen of the faid company, prefent at any general af-: 
 femblies, nominated, appointed and conflicted, according 
 to the tenor of his and their refpe # dtive commiftions and di¬ 
 rections, to affemble, exercife in arm*, marfhal, array, and 
 put in warlike pofture, the inhabitants of faid colony, 
 for their efpecial defence and fafety ; and to lead and con¬ 
 duct the faid inhabitants, and to encounter, repulfe, and re¬ 
 fill by force of arms, as well by fea as by land, to kill, flay 
 and deftroy, by all fitting ways, enterprifes, and means what- ! 
 foever, all and every fuch perfon or perfons, as fhall at any 
 time hereafter attempt or enterprife the deftruition, invafion, 
 detriment or annoyance of the faid inhabitants or plantations; 
 and to ufe and exercife the law martial, in fuch cafes only as 
 occafion fhall neceffarily require ; and to take and furprife, 
 by all ways and means whatfoever, all and every fuch per¬ 
 fon and perfons with their fhip or fhips, armour, ammuni¬ 
 tion, or other goods of fuch perfons, as (hall in hoftile man¬ 
 ner invade or attempt the defeating of the faid plantation, 
 or the hurt of the faid company and inhabitants ; and upon 
 juft caufes to invade and defiroy the natives, Indians, or 
 other enemies of the faid colony. 
 
 Neverthelefs, our will and plea fare is, and we do hereby 
 declare, to the reft of our colonies in New-England, that it 
 fhall not be lawful for this our faid colony of Rhode-Ifland 
 and Providence plantations, in America in Nevv-England, to 
 invade the natives inhabiting within the bounds and limits 
 of their faid colonies, without the knowledge and confent 
 of the faid ether colonies. And it is hereby declared, that 
 it fhall not be lawful to or for the reft of the colonies to in¬ 
 vade or moleft the native Indians, or any other inhabitants, 
 inhabiting within the bounds or limits hereafter men¬ 
 tioned, (they having fubjected themfelves unto us, and be- 
 ing by us taken into our fpecial protection) without the 
 knowledge and confent of the Governor and company of our 
 colony of Rhode-Iftand and Providence plantation. 
 
 Alfo our will and pleafure is, and we do hereby declare 
 unto all Chriftian kings, princes and ftates, that if any per¬ 
 fon, who fhall hereafter be of the faid company or plantation, 
 or any other, by appointment of the faid governor and com¬ 
 pany, for the time being, fhall at any time or times hereaf- 
 
RHODE-ISLAND. 
 
 15 
 
 ter, rob or fpoil, by fca or land, or do any hurt, or unlaw¬ 
 ful hoftility, to any of the fubjedls of us, our heirs and fuc- 
 cefTors, or to any of the fubjeCts of any prince or ftate, be¬ 
 ing then in league with us, our heirs and fucceflors ; upon 
 complaint of fuch injury done to any fuch prince or flare, or 
 their fubjedls, we, our heirs and fucceflors, will make open 
 proclamation, within any parts of our realm of England, fit 
 for that purpofe, that the perfon or perfons committing any 
 fuch robbery or fpoil, (bail, within the time limited by fuch 
 proclamation, make full reftitution or fatisfa&ion of all fuch 
 injuries done or committed, fo as the faid prince, or others 
 fo complaining, may be fully fatisfied and contented ; and 
 if the faid perfon or perfons, who fhall commit any fuch rob¬ 
 bery or fpoil, fhall not make fatisfaftion accordingly, within 
 Sfuch time fo to be limited, that then we, our heirs and fuc- 
 jceflbrs, will put fuch perfons or perfon out of our allegiance 
 ; and protection : and that then it fhall and may be lawful and 
 free for all princes or others, to profecute with hoftility fuch 
 afrenders, and every of them, their and every of their pro¬ 
 curers, aiders, abettors and counfellors in that behalf. 
 
 Provided aifo, and our exprefs will and pleafure is, and 
 \ we do by thefe prefents, for us, our heirs and fucceffors, or- 
 l lain and appoint, that thefe prefents fhall not in any manner 
 iiinder any of our loving fubjefts whatsoever, from ufingand 
 I'xercifing the trade of fifhing upon the coaft of New-En- 
 
 ) gland in America : but that they, and every or any of them, 
 hall have full and free power and liberty to continue and ufc 
 he trade of fiftiing upon the faid coaft, in any of the feas 
 ■[hereunto adjoining, or any arms of the fea, or fait-water, 
 I ivers and creeks, where they have been accuflomed to fifh ; 
 ^:nd to build and fet upon the wafte land, belonging to the 
 laid colony and plantations, fuch wharfs, ftages, and work- 
 Jioufes as fhall be neceflary for the faking, drying, and keep¬ 
 ing of their fifh, to be taken or gotten upon that coaft. 
 
 And further, for the encouragement of the inhabitants of 
 liur faid colony of Providence plantation, to fet upon the bu- 
 linefs of taking whales, it fhall be lawful for them, or any 
 iff them, having ft ruck a whale, dubertus, or other great fi(h, 
 ft or them to porfue unto that coaft, and into any bay, river, 
 ove, creek or fhore, belonging thereto, and it or them upon 
 She faid coaft, or in the faid bay, river, cove, creek, or 
 
 i / 
 
 m , 
 
76 
 
 CHARTER OF 
 
 Ihore, belonging thereto, to kill and order for the beft ad- , 
 vantage, without moleftation, they making no wilful wade 
 or fpoil; any thing in thefe prefents contained, or any othei 
 matter or thing to the contrary notwithstanding. 
 
 And further alfo, we are gracioufly pieafed, and do hereby 
 declare, that if any of the inhabitants of our faid colony do 
 fet upon the planting of vineyards, (the foil and climate both j 
 feeming naturally to concur to the production of vines) or be i 
 induftrious in the difeovery of fifhing banks, in or about the 
 faid colony, we will, from time to time, give and allow all 
 due and fitting encouragement therein, as to others in cafes 
 of like nature. 
 
 And further, of our more ample grace, certain knowledge, 
 and mere motion, we have given and granted, and by thefe 
 prefents for us, our heirs and fucceffors, do give and grant, 
 unto the faid Governor and company of the Englifh colony 
 of Rhode-Ifland and Providence plantation, in the Narragan- 
 fet bay, in New-England, in America, and to every inha¬ 
 bitant there, and to every perfon, and perfons trading thi¬ 
 ther, and to every fuch perfon or perfons, as are or fhall be 
 free of the faid colony, full power and authority, from time 
 to time, and all times hereafter, to take, fhip, tranfport, 
 and carry away, out of any of our realms and dominions, for, 
 and towards the plantation and defence of the faid colony, 
 fuch and fo many of our loving fubjeds, and ftrangers, as 
 fhall or will willingly accompany them in and to their faid 
 colony and plantation, except fuch perfon, or perfons, as are 
 or fhall be therein reftrained by us, our heirs and fucceffors, or 
 and law or ftatute of this realm ; and alfo to (hip and tranf¬ 
 port all and all manner of goods, chatties, merchandife, and 
 other things whatfoever, that are or fhall be ufeful or necef- 
 fary for the faid plantations, and defence thereof, and ufually 
 tranfported, and not prohibited by any law or ftatute of this 
 our realm ; yielding and paying unto us, our heirs, and fuc- 
 ceffore, fuch duties, cuftoms and fubfidies, as are or ought 
 to be paid or payable for the fame. 
 
 And further, our will and pleafure is, and we do, for us, 
 ©ur heirs and fucceffors, ordain, declare, and grant, unto 
 the faid Governor and Company, and their fucceffors, that 
 all and every the fubjebis of us, our heirs and fucceffors, 
 which are already planted and fettled within our faid colony 
 
RHODE-ISLAND. 
 
 77 
 
 , of Providence plantations, or which fhail hereafter go to in- 
 : habit within the Paid colony, and all and every of their chil- 
 ■ dren -which have been born there, or which (hall happen here¬ 
 after to be born there, or on the fea'going thither, or return¬ 
 ing from thence, Ihall have and enjoy all liberties and im- 
 i munities of free and natural fubjeds, within any the domi- 
 inions of us, our heirs and fucceffors, to all intents, conftruc- 
 ! tions, and purpofes, whatfoever, as if they and every of 
 : them were born within the realm of England. 
 
 1 And further, know ye, that we, of our more abundant 
 i grace, certain knowledge, and mere motion, have given, 
 granted, and confirmed, and by thefe prefents, for us, our 
 , heirs and fucceffors, do give, grant, and confirm unto the 
 ; "aid Governor and Company, and their fucceffors, all that 
 >art of our dominions, in New-England, in America, con- 
 aining the Nahantick and Nanhyganfett alias Narraganfet 
 
 | >ay, and countries and parts adjacent, bounded on the well, 
 >r wefterly, to the middle or channel of a river there, com- 
 nonly called and known by the name of Pawcatuck, alias 
 ^awcawtuck river, and fo along the faid river, as the greater 
 >r middle ftream thereof reacheth or lies up into the north 
 | ountry, northward unto the head thereof, and from thence 
 f iy a ftraight line drawn due north, until it meet with the fouth 
 I ine of the Maffachufetts colony ; and on the north or north- 
 I rly, by the aforefaid fouth or foutherly line of the Mafia- 
 
 1 " hufetts Colony or Plantation, and extending towards the 
 aft or eaftwardly, three Englifn miles, to the eaft and north- 
 aft of the moft eaftern and north-eaftern parts of the aforefaid 
 vfarraganfet bay, as the faid bay lieth or extendeth itfelf 
 rom the ocean on the fouth or fouthwardly, unto the mouth 
 f the river which runneth towards the town of Providence, 
 r.d from thence along the eaftwardly fide or bank of the 
 Iiid river (higher called by the name of Seacunk river,) up 
 I) the falls called Patucket Fails, being the moft weftwardly 
 | ne of Plymouth colony ; and fo from the faid falls, in a 
 Iraight line due north, until it meet with the aforefaid line 
 3 the Maffachufetts colony, and bounded on the fouth by 
 
 I ie ocean, and in particular the lands belonging to the town 
 Providence, Patuxit, Warwicke, Mifquammacock, alias 
 awcatuck, and the relt upon the main land, in the tradl 
 ojrefaid, together with Rhode-Ifiand, Block-Iiland, and 
 
 H 
 
CHARTER OF 
 
 7* 
 
 ?.II the reft of the Elands and banks in the Narraganfet ba\| 
 :md bordering upon the coaft of the trad aforefaid, (FifherM 
 Ifland only excepted) together with all firm lands, foil; 
 grounds, havens, ports, rivers, waters, fifhings, mines royal 
 and all other mines, minerals, precious Hones, quarries, woods', 
 wood-grounds, rocks, Hates, and all and fmgular other com 
 modifies, jurifdidions, royalties, privileges, franchifes, pre 
 eminences and hereditaments whatfoever, within the faic 
 trad, bounds, lands, and iflands aforefaid, to them or any o' 
 them belonging, or in any wife appertaining—to have ant 
 to hold the fame, unto the faid Governor and Company, an; 
 their fucce/Tors for ever upon trull, for the ufe and benefit c 
 ihcmfelves and their affcciates, freemen of the faid colon}' 
 their heirs and affigns ;—to be holden of us, our heirs an ; 
 fuccefTors, as of the manor of Eafl-Greenwich, in our counts 
 of Kent, in free and common foccage, and not in capite, nor 
 by Knight’s fervice -yielding and paying therefor to us } 
 our heirs, and fuccefTors, only the fifth part of all the ore o! 
 gold and filver, which, from time to time, and at all times 
 hereafter, (hall be there gotten, had or obtained, in lieu and 
 fatisfadion of all fervices, duties, fines, forfeitures, made or 
 to be made, claims or demands whatfoever, to be to us, our 
 heirs or fuccefTors, therefore or thereabout rendered, made or 
 paid ; any grant or claufe, in a late grant to the Governor 
 and Company of Connedicut colony, in America, to the 
 contrary thereof in anywife notwithflanding; the aforefaid 
 Pawcatuck river having been yielded after much debate, for 
 the fixed and certain bounds between thefe cur faid colonies, 
 by the agents thereof, who have alfo agreed, that the faid 
 Pawcatuck river fhall alfo be called alias Narrogancett or 
 Narroganfett river, and to prevent future difputes that other- 
 wife might arife thereby, forever hereafter fhall be conllrued, 
 deemed and taken to be the Narrogancett river, in our late 
 grant to Connedicut colony, mentioned as the eaflerly bounds 
 of that colony. 
 
 And further, our will and pleafure is, that in all matters 
 of public controverfies, which may fall out between our co¬ 
 lony of Providence plantations, to make their appeal therein 
 to us, our heirs and fuccefTors, for redrefs in fuch cafes, 
 
 within this cur realm of 
 
 England 
 
 and that it fhall 
 
RHODE-ISLAND. 
 
 79 
 
 and repafs with freedom into and through the reft of the Em. 
 glifh colonies, upon their lawful and civil occafions, and to 
 converfe, and hold commerce, and trade with fuch of the in¬ 
 habitants of our other Englifn colonies, as fhall be willing 
 to admit them thereunto, they behaving themfelves peace¬ 
 ably among them ; any aft, claufe, or fentence, in any ot 
 the faid colonies provided, or that fhall be provided, to the 
 contrary in any wife notwithftanding. 
 
 And iaftly, we do for us, our heirs, and fucceiTors, ordain 
 and grant, unto the faid Governor and Company, and their 
 fucce ffors, by thefe prefents, that thefe our letters patents 
 fliall firm, good, effectual, and available, in all things in 
 the law, to all intents, conftruftions, and purpofes whatfo- 
 ever, according to our true intent and meaning herein be- 
 fore declared and (hall be conftrued, reputed and adjudged, 
 in all cafes, moll favourably on the behalf, and for the belt 
 benefit and behoof of the faid Governor and Company, and 
 their fucceiTors, although exprefs mention, See. In witnefs, 
 Sec. Witnefs, &c. Per Ipfum Regem . 
 
 [The ftate of Rhode-Iiland and Providence plantations has 
 ‘ not aflumed a form of government different from that con¬ 
 tained in the foregoing chapter. For in that, the king ceded 
 to the Governor and Company, all powers, legiilative, exe¬ 
 cutive, and judicial, referving to himfelf, as an acknow¬ 
 ledgment of his fovereignty, a render of the fifth part of the 
 !gold and filver ore that fhould be found within the territory. 
 I he Governor, Chief Magiftrates, and Legillators are chofcn 
 by the freemen as ufual, and all judicial, and executive offi¬ 
 cers are annually elefted by the Governor and Company, or 
 upper and lower Houfe of Aflernbly. All proceffcs, original 
 and judicial, formerly iffued in the King’s name, but they 
 jiiow ifiue in the name cl the Governor and Company. The 
 baths of allegiance and of office arc made conformable to 
 the principles of the revolution. The Governor, in his legif- 
 lative capacity, cannot give a negative to any aft of the two 
 cHoufes; but, in common with the other magiftrates, has 
 bne voice oniv. 
 
 I he Rate is divided into five counties, in each of which 
 ;here is a Court of Common Pleas and General SefSons of the 
 Peace, he'd twice every year, for the trial @f all caufes not 
 
So 
 
 CONSTITUTION OF 
 
 capital, that arife within their limits; from which an appeal! 
 lies, to the Superior Court of Judicature, Court of Alfizei 
 and General Jail Delivery, whcfe jurifcliftion extends over 
 the whole hate, and v.ho aifo fit twice a year in each county. 
 
 1 he cdirftitution admits not of religious eftafolifhments, anyl 
 further than depends upon the voluntary choice of individu¬ 
 als. Ail men profeffing one Supreme Being, are equally pro- \ 
 tected by the laws ; and no particular fed can claim pre-emi-1 
 ire nee.] 
 
 
 wv- 
 
 CONNECTICUT. 
 
 Account of the Constitution of Connecticut* 
 
 C ONNECTICUT is divided into fix counties, and each 
 county is divided into a number of towns. Each town 
 has a right to fend two Reprefentatives to the General Court 
 or Affembly. The General Court confifts of two branches, 
 called the Upper arid Lower Houfe. The Upper Houfe is 
 compofed of the Governor, Deputy-Governor, and twelve 
 A ffi it ants or Councilors ; and the Lower Houfe, of the Re¬ 
 prefentatives of the feveral towns. This court has the foie 
 power to make and repeal laws, grant levies, difpofe of lands ; 
 belonging to the hate, to particular towns and perfons : to 
 ered and ftile judicatories and officers, as they fhall fee ne- 
 celTary for the good government of the people ; alfo to call to 
 account any court, m a gift rate, or other officer, for any mif- 
 demeanor and mal-adminiftration ; and for juft caufe may 
 fine, difplace, or remove them, or deal otherwife, as the na¬ 
 ture of the cafe fhall require ; and deal or aft in any other 
 .matter, that concerns the good of the ftate, except the elec¬ 
 tion of Governor, Deputy-Governor, Affiftants, Treafurer, 
 •and Secretary, which fhall be done by the freemen, at the 
 yearly court of election, uniefs there be any vacancy, by 
 reafon of death or otherwife, after the election, which may 
 be filled up by the General Court. This court has power alfo, 
 for reafons fatisfadory to them, to grant fufpenfion, releafe, 
 and jail delivery upon reprieve, in capital and criminal cafes. 
 The General Court has two ftated feffions annually, on the 
 ficcond Thurfday of May and Odoher, 
 
CONNECTICUT. 
 
 Si 
 
 The Governor, or in his abfence the Deputy-Governor, 
 may call the AiTembly, on fpecial emergencies, to meet at 
 any other time. The Governor, Deputy-Governor, Affiftanis, 
 and Secretary, are annually elected, on the fecond 1 hurulay 
 in May. The Pveprefentatives are newly chofen for each 
 dated feffion. The Judges and Judices are annually appointed 
 by the General Court; the fame perfons are commonly re- 
 appointed, from time to time, during their capacity toferve, 
 unlefs guilty of mifbehaviour. The Sheriffs are appointed 
 by the Governor and Council, without limitation of time ; 
 but may be fuperfeded by the authority that appoints them. 
 The Governor, for the time being, is Captain-General of the 
 militia ; the Deputy-Governor, Lieutenant-General; the 
 other general officers, and the held officers, are appointed by 
 the General Court, and commiffioned by the Governor. 
 The captains and fubalterns are chofen by the vote of the 
 company and houfholders living within the limits of the 
 company ; the perfons, fo chofen, mud be approved by the 
 General Court, and commiffioned by the Governor, before 
 they have power to execute their offices. All the military of¬ 
 ficers hold their offices during the pleafure of the Afiem- 
 bly ; nor can they refign their commiffions, without leave of 
 the Captain-General, under penalty of doing duty in the 
 ranks, as private foldiers. The mode of eleding the Go¬ 
 vernor, Deputy-Governor, Affidants, Treafurer, and Secre¬ 
 tary, is, that the freemen, in the feveral towns, meet on the 
 Monday next after the fird Tuefday in April, annually (be¬ 
 ing the day appointed by law for that purpofe, and chooling 
 Reprefentatives) and give in their votes for the perfons they 
 choofe for faid offices refpedively, with their names written 
 on a piece of paper, which votes are received and fealed up 
 by a condable, in the freemen’s meeting—the votes for each 
 of faid offices, in a different paper—writing on the oullide 
 the name of the town, and the office, for which the votes 
 are given in ; which arc fent by the Reprefentatives, to the 
 General Court, to be held on the fecond Thurfday of May 
 next enfuing, at which time, after the Houfe of Reprefent¬ 
 atives have chofen a Speaker and Clerk, a committee io chofen 
 of members of both Houfes, to fort and count the votes, 
 and declare the names of the perfons chofen to faid offices. 
 Any freeman, qualified to vote for Reprefentativesj &c. may 
 
 H 2 
 
82 
 
 CONSTITUTION OF 
 
 be defied to any office in the government. In choofing af- 
 Mams, twenty perfons are nominated by the votes of the 
 freemen, given in at their meeting for choofing Reprefenra- 
 tives in September annually, and fealed up and fent to the 
 General Court, in October then next : which are counted by 
 a. committee of both Houfes, and the twenty perfons, who 
 have the greateft number of votes, fcand in nomination, out 
 of which number, twelve are to be chofen affiftants, by the 
 freemen, the next April, in manner afore deferibed. 
 
 The qualifications, requifite to entitle a perfori to vote in 
 eleftions of the officers of government, are, maturity in 
 years, quiet and peaceable behaviour, a civil converfation, 
 and forty {hillings freehold, or forty pounds perfonal eftate ; 
 if the Se left men of the town certify a perfon qualified in thofe 
 refpects, he is admitted a freeman, on his taking an oath of 
 fidelity to the date. 
 
 'Fhe names of all, that are thus admitted, are enrolled in 
 the town clerk’s office, and continue freemen during life, un- 
 3efs disfranchifed by a fentence of the Superior Court, on 
 eonviftion of a mifdemeanor. 
 
 The Governor, or, in his abfence, the Deputy-Governor, 
 in the Upper Houfe—and the Speaker, in the Lower Floufe 
 of Affiembiy—have a calling voice, when the. members of the 
 refpeflive Houfes, including the Governor and Speaker, are 
 equally divided in opinion on any queftion. 
 
 'There is, in this (late, a Superior Court, confiding of one 
 Chief Judge and four other Judges, who have authority in ail 
 criminal cafes, extending to life, limb, and banidlment, and 
 to hear and determine ail civil aflions, brought by appeal 
 from the county cows*, or on writs of error. This court 
 alfo hath authority in all matters of divorce. There are two 
 dated feffions of the Superior Court, in each county annually. 
 
 There are alfo county courts held in the feveral counties, 
 confiding of one Judge and four Judicesof the quorum, who 
 have jurifdielion in all criminal cafes, arifmg within their 
 refpeflive counties, where thepunifliment does not extend to 
 life, limb, or banifhment. The county courts alfo, have ori¬ 
 ginal jurifdiflion, in all civil actions, wherein the demand 
 exceeds forty (hillings. 
 
 The Superior and County Courts try matters of fadl, by 
 a jury, according to the couric of the common law. 
 
NEW-YORK. 
 
 Juftices of the Peace have authority to hear and determine 
 & civil actions, where the demand does not exceed forty (hil¬ 
 lings. They alfo have authority, in fome cafes of a crimi- 
 5 nal nature, punifhable by fine not exceeding forty (hidings, 
 
 / or whipping not exceeding ten (tripes, or fitting in the (locks. 
 
 Tins ftate is aifo divided into a number of probate dif- 
 t tridls, lefs than counties ; in each of which is appointed a 
 judge, fur the probate of wills, granting administration on 
 inteftute eftates, appointing guardians for minors, ordering 
 ' diltribution of inteftate eftates, Sc c. An appeal lies, from 
 i any decree of this court, to the Superior Court. 
 
 The Superior, County, and Probate Courts appoint their 
 refpedtive clerks. 
 
 The General Court has, till very lately, been the only 
 Court of Chancery in this ftate. But by a late law, the 
 county courts determine matters of equity, from five pounds, 
 to two hundred pounds value ; the Superior Court from two 
 hundred to eight hundred pounds value ; and the General Af- 
 fembfy, aU cafes exceeding the la ft mentioned fum. 
 
 All attornies at law are admitted and fworn by the County 
 Courts : there is no attorney general, but there ufed to be 
 L one king’s attorney in each county ; but fince the king has 
 abdicated the government, they are now attornies to the 
 Governor and Company. 
 
 —— 
 
 NEW-YORK. 
 
 Cohftitution of the State of NewYork, eftablijhed by the @on- 
 *vention , authorifed and empowered for that purpofe , April 
 20, I777. 
 
 r 1pHIS Convention, in the name and by the authority of 
 JL the good people of this ftate, doth ordain, determine, 
 and declare, that no authority (hall, on any pretence what¬ 
 ever, be cxercifed over the people or members of this ftate, 
 but fuch as (hall be derived from and granted by them. 
 
 II. This Convention doth further, in the name and by 
 the authority of the good people of this ftate, ordain, deter¬ 
 mine and declare, that the Supreme Legiftative power, within 
 
CONSTITUTION OF 
 
 n 
 
 this ftate, fhall be veiled in two feparate and diftinCt bodies of 
 men—the one to be called, the Alterably of the State of New-; 
 York—the other to be called, the Senate of the State of New. 
 York—who together fhall form the Legiflature, and meet 
 once at lead in every year* for the difpatch of bufinefs. 
 
 III. And whereas, laws, incontinent with the fpirit of 
 this conftitution, or with the public good, may be haftily 
 and unadvifedly palled : be it ordained, that the Governor, 
 for the time being, the Chancellor, and the Judges of the 
 Supreme Court—or any two of them, together with the Go¬ 
 vernor—fhall be, and hereby are, conftiluted a Council, to 
 revife all bills about to be palled into laws by the Legilla- 
 ture ; and for that purpofe fhall a {Tenable themfelves from 
 time to time, when the Legiflature fhall be convened : for 
 which, neverthelefs, they fhall not receive any falary or 
 confideration, under any pretence whatever. And that all 
 bills, which have palled the Senate and AfTerably, fhall, be¬ 
 fore they become laws, be prefented to the faid Council, for 
 their revifal and confideration : and if, upon fuch revifion 
 and confideration, it fhould appear improper to the faid Coun¬ 
 cil, or a majority of them, that the faid bill fhould become 
 a law of this date, that they return the fame, together with 
 their objections thereto in writing, to the Senate or Hou'fe 
 of Affembly (in whichfoever the fame fhall have originated) 
 who fhall enter the objections, fent down by the Council, at 
 large in their minutes, and proceed to reconfider the faid 
 bill. But if, after fuch reconfideration, two-thirds of the 
 faid Senate or Houfe of AiTembly, fhall, notwithflanding the 
 faid objections, agree to pafs the fame, it fhall, together 
 with the objections, be fent to the other branch of the Le¬ 
 gislature, where it fhall alfo be re.confidered, and if ap¬ 
 proved by two-thirds of the members prefent, fhall be a law. 
 
 And in order to prevent any unneceiTary delays, be it fur¬ 
 ther ordained, that if any bill fhall not be returned by the 
 Council within ten days after it fhall have been prefented, the 
 fame fhall be a law, unlefs the Legiflature fhall, by their ad¬ 
 journment, render a return of the faid bill, within ten days, 
 impracticable ; in which cafe, the bill fhall be returned on 
 the firfl day of the meeting of the Legiflature, after the ex¬ 
 piration of the faid ten days. 
 
NEW. YORK. 
 
 •5 
 
 IV. That the Affembly (ball confift of at leaft feventy 
 members, to be annually chofen in the feveral counties, in 
 
 ,, the proportions following, viz. 
 
 For the city and county of New.York, nine* 
 
 ,j- The city and county of Albany, ten. 
 
 . The county of Duchefs, /even. 
 
 The county of Weftchefter, fix. 
 
 The county of Ulfter, fix. 
 
 The county of Suffolk, five. 
 
 , The county of Queens, four. 
 
 The county of Orange, four. 
 
 The county of Kings, two. 
 
 The county of Richmond, two. 
 
 The county of Try on, fix. 
 
 The county of Charlotte, four. 
 
 The county of Cumberland, three. 
 
 The county of Gloucefter, two. 
 
 V. That as foon, after the expiration of feven years, (Tub- 
 fequent to the termination of the prefent war) as may be, a 
 cenfus of the eledors and inhabitants in this Hate be taken, 
 under the diredion of the Legislature. And if, on fuch cen- 
 
 ; fus, it (hall appear, that the number of Reprefentatives in 
 Affembly, from the faid counties, is not juftly proportioned 
 to the number of eledors, in the faid counties refpedively, 
 that the Legiflature do ad juft and apportion the fame by that 
 rule. And further, that once in every feven years, after 
 the taking of the faid firft cenfus, a juft account of the elec¬ 
 tors, refident in each county, fhall be taken ; and if it (hall 
 thereupon appear, that the number of eledors, in any county, 
 fhall have increafed or diminifhed one or more feventieth 
 parts of the whole number of eledors, which, on the faid 
 firft cenfus, fhall be found in this ftate, the number of repre¬ 
 fentatives for fuch county fhall be increafed or diminifhed 
 accordingly—that is to fay, one Reprefentative for every fe¬ 
 ventieth part as aforefaid. 
 
 VI. And whereas an opinion hath long prevailed among 
 divers of the good people of this ftate, that voting at elec¬ 
 tions by ballot, would rend more to preferve the liberty and 
 equal freedom of the people, than voting viva voce :— 
 To the end, therefore, that a fair experiment be made, 
 which of thofe two methods of voting is to be preferred :— 
 
86 
 
 CONSTITUTION OF 
 
 Be it ordained, that as foon as may be after the ternima-l 
 tion of the prefent war, between the United States of Ame-I 
 rica and Great Britain, an aft or afts be palled by the Legif- ! ; 
 lature of this Hate, for caufing all elections thereafter to be 
 held in this date, for Senators and Reprefentatives in Ahem-; 
 bly, to be by ballot, and directing the manner, in which | 
 the fame fhall be ccndufted. And whereas it is poiTible, that 
 after ail the care of the Legislature, in framing the faid aft 
 or afts, certain inconveniencies and mifchiefs, unforefeen at 
 this day, nj.ay be found to attend the faid mode of elefting 
 by ballot: 
 
 It is further ordained, that if, after a full and fair expe- ' 
 riment fhall be made of voting by ballot aforefaid, the fame 
 fhall be found lefs conducive to the fafety or intereft of the ; 
 date, than the method of voting viva voce , it (hall be law- * 
 ful and conditutional for the Legidature to aboliih the fame ; 
 provided, two-thirds of the members, prefent in each Houfe 
 refpeftively, fnall concur therein : And further, that, during 
 the continuance of the prefent war, and until the Legida¬ 
 ture of this date fhall provide for the eleftion of Senators and 
 Reprefentatives in Adembly, by ballot, the faid elections dial! 
 be made viva voce. 
 
 VII. That every male inhabitant, of full age, who fhall 
 have perfonally redded within one of the counties of this 
 date for dx months immediately preceding the day of eleftion, 
 fhall atfuch eleftion, be entitled to vote for Reprefentatives 
 of the faid county in Adembly ; if, during the time afore¬ 
 faid, he fhall have been a freeholder, poffeding a freehold of 
 the value of twenty pounds, within the faid county, or have 
 rented a tenement therein, of the yearly value of forty fhil- 
 lings, and been rated and aftually paid taxes to this date :—- 
 provided, always, that every perfon, who now is a freeman 
 of the city of Albany, or who was made a freeman of the city 
 of New-York, on or before the fourteenth day of Qftober, 
 in the year of our Lord one thoufand feven hundred and fe- 
 venty-dve, and fhall be’aftually and ufually refident in the 
 faid cities refpeftively, fhall be entitled to vote for Repre¬ 
 fentatives in Adembly, within his faid place of residence. 
 
 VIII. That every eleftor, before he is admitted to vote, 
 &all, if required by the returning officer, or either of the in- 
 
NEW. YORK. 
 
 $7 
 
 , fpedors, take an oath, or, if of the people called Quakers^, 
 ,* an affirmation, of allegiance to the ftate. 
 
 IX. That the Affembly, thus conftituted, fhall choofe their 
 own Speaker, be judges of their own members, and enjoy the 
 fame privileges, and proceed in doing bufinefs, in like manner, 
 as the affemblies of the colony of New-York of right for. 
 merly did ; and that a majority of the faid members fhall, 
 ; from time to time, conftitute a Houfe, to proceed upon bufi- 
 t nefs. 
 
 > X. And this Convention doth further, in the name and by 
 1 the authority of the good people of this ftate, ordain, deter¬ 
 mine, and declare, that the Senate of the ftate of New-York 
 fhall confift of twenty-four freeholders ; to be chofen out 
 | of the body of the freeholders ; and that they be chcfen by 
 the freeholders, of this date, poffefTed of freeholds, of the 
 value of one hundred pounds, over and above all debts 
 charged thereon. 
 
 XI. That the members of the Senate be eleded for four 
 years ; and, immediately after the firft election, they be di¬ 
 vided by lot into four daffies, lix in each clafs, and numbered 
 one, two, three, and four ; that the feats of the members of 
 the firft clafs fhall be vacated at the expiration of the firft year, 
 the fecond clafs the fecond year, and fo on continually ; to 
 the end, that the* fourth part of the Senate as nearly as pof- 
 fible, may be annually chofen. 
 
 XII. That the eledion of Senators fhall be after this man. 
 ner ; that fo much of this flate, as is now parcelled into coun¬ 
 ties, be divided into four great diftrids ; the fouthern diftrid 
 to comprehend the city and county of New-York, Suffolk, 
 
 I Weft Cheiler, Kings, Queens, and Richmond counties ; the 
 middle diftrid to comprehend the counties of Duchefs, Ulfter, 
 and Orange ; the weftern diftrid, the city and county of 
 | Albany, and Tryon county ; and the eallern diftrid, the 
 counties of Charlotte, Cumberland, and Gloucefter. That 
 i the Senators fhall be eleded by the freeholders of the faid 
 dirtrids, qualified as aforefaid, in the proportions following, 
 
 1 to wit, in the fouthern diftrid, nine ; in the middle diftrid, 
 fix ; in the weftern diftrid, fix ; and in the pattern diftrid, 
 three. And be it ordained, that a cenfus fhall be taken, as 
 foon as may be, after the expiration of feven years from the 
 termination of the prefect war, under the diredion of the Le- 
 
£8 
 
 CONSTITUTION OF 
 
 giflature: and if, on fucli ccnfus, it (hall appear, that tU 
 number of Senators is not iuftly proportioned to the fevera| 
 diftri&s, that the Legiflature adjult the proportion, as near a 
 may be, to the number of freeholders, qualified as aforefaid. 
 in each diftrift. That when the number of electors, withir 
 any of the faid diftrids, fhail have increased one twenty- 1 
 fourth part of the whole number of electors, which, by the 
 faid cenfus, {hall be found to be in this (late, an additional 
 Senator mail be chofen by the electors of fuch diftrid. That 
 a majority of the number of Senators, to be chofen as afore¬ 
 faid, fhail be necdiary to conftitute a Senate, fufficient to pro¬ 
 ceed upon bufinefs ; and that the Senate fhail, in like man¬ 
 ner with the Aflembly, he the judges of its own members. : 
 And be it ordained, that it fhail be in the power of the future 
 Legifiatures of this fiate, for the convenience and advantage ; 
 of the good people thereof, to divide the fame into fuch fur¬ 
 ther and other counties and diftrids, as fhail to them appear ! 
 necefiary. 
 
 XIII. A.nd this Convention doth further, in the name and 
 by the authority of the good people of this fiate, ordain, de¬ 
 termine, and declare, that no member of this fiate fhail be 
 disfranchifed, or deprived of any the rights or privileges 
 fecured to the fubjeds of this fiate by this confiitution, un- 
 lefs by the law of the land, or the judgment of his peers. 
 
 XIV. That neither the Aflembly nor the Senate fhail have 
 the power to adjourn themfelves, for any longer time than 
 two days, without the mutual confent of both. 
 
 XV. That whenever the Aflembly and Senate difagrce, a 
 conference fhail be held, in the prefence of both, and be ma¬ 
 naged by committees, to be by them refpedively chofen by 
 ballot. That the doors, both of the Senate and Aflembly, fliali 
 at all times be kept open to all perfons, except when the wel¬ 
 fare of the fiate fhail require their debates to be kept fecret. 
 And the journals of ail their proceedings fhail be kept, in the 
 manner heretofore accufiomed by the General Aflembly of the 
 colony or New-York ; and (except fuch parts, as they fliall, 
 as aforefaid, refpedively determine not to make public) be 
 from day to day (if the bufinefs of the Legiflature will permit) 
 pub !i fhed. 
 
 XVI. It is neverthelefs provided, that the number of Se¬ 
 nators fhail never exceed one hundred, nor the number of 
 
NEW-YORK. 
 
 89 
 
 Affembly, three hundred ; but that whenever the number of 
 Senators (hall amount to one hundred, or of the Affembly to 
 three hundred, then and in fuch cafe, the Legiflature (hall, 
 from time to time thereafter, by laws for that purpofe, appor¬ 
 tion and didribute the faid one hundred Senators, and three 
 hundred Reprefentatives, among the great didricts and coun¬ 
 ties of this date, in proportion to the number of their refpec- 
 tive electors ; fo that the reprefentation of the good people of 
 this date, both in the Senate and Affembly, (ball forever re¬ 
 main proportionate and adequate. 
 
 XVII. And this Convention doth further, in the name 
 and by the authority of the good people of this date, ordain, 
 determine, and declare, that the Supreme Executive Power 
 and authority of this date, fnall be veded in a Governor ; and 
 that datedly, once in every three years, and as often as the 
 feat of government (hall become vacant, a wife and difereet 
 freeholder of this date (hall be, by ballot, elected Governor, 
 by the freeholders of this date, qualified, as before deferibed, 
 to elefl Senators ; which elections fnall be always held at the 
 times and places of choofing Pveprefentatives in Affembly for 
 each refpeftive county ; and that the perfon, who hath the 
 greated number of votes within the faid date, fhall be Go¬ 
 vernor thereof. 
 
 XVIII. That the Governor fhall continue in office three 
 years, and fhall, by virtue of his office, be General and Com¬ 
 mander in Chief of all the militia, and Admiral of the navy 
 of this date ; that he fhall have power to convene the Aflem- 
 biy and Senate on extraordinary occafions ; to prorogue them 
 from time to time, provided fuch prorogations final 1 not ex¬ 
 ceed fixty days in the fpace of any one year ; and, at his dif- 
 cretion, to grant reprieves and pardons to perfons convicted 
 of crimes, other than treafon or murder, in which he may 
 ifufpend the execution of the fentence, until it fhall be report¬ 
 ed to the Legiflature at their fubfequent meeting ; and they 
 jhall either pardon, or diredt the execution of the criminal, or 
 jrant a further reprieve. 
 
 XIX. That it fhall be the duty of the Governor, to inform 
 i he Legiflature, at every feffion, of the condition of the date, 
 o far as may refpeft his department; to recommend fuch 
 natters to their confideration, as fhali appear to him to con- 
 |:ern its good government, welfare and profperity ; to corref- 
 
 I 
 
90 
 
 CONSTITUTION OF 
 
 pond with the Continental Congrefs, and other hates ; t< 
 tranfadl all neceffary bufinefs with the officers of government. ' 
 civil and military ; to take care that the laws are faithfully ex ‘ 
 ecuted, to the beft of his ability ; and to expedite all fuel 
 meafures as may be refolved upon by the Legihature. 
 
 XX. That a Lieutenant Governor fhall, at every eledlior 1 
 of a Governor, (and as often as the Lieutenant Governor , 
 fhall die, refign, or be removed from office), be eledled in 
 the fame manner with the Governor, to continue in office 
 until the next election of a Governor ; and fuch Lieutenant! 
 Governor fhall, by virtue of his office, be Prefident of the; 
 Senate, and, upon an equal divilion, have a calling voice in 
 their decifions, but not vote on any other occafion. 
 
 And in cafe of the impeachment of the Governor, or hi: 
 removal from office, death, refignation, or abfence from the ! 
 flate, the Lieutenant Governor (hall exercife all the power 
 and authority appertaining to the office of Governor, until 
 another be chofen, or the Governor, abfent or impeached, 
 fnall return or be acquitted. Provided, that where the Go¬ 
 vernor lhail, with the confent of the Legillature, be out of 
 the flate, in time of war, at the head of a military force there¬ 
 of, he (hall hill continue ia his command of all the military 
 force of the hate both by fea and land. 
 
 XXI. That whenever the government lhail be adminiher- 
 ed by the Lieutenant Governor, or he fhall be unable to at¬ 
 tend as Prefident of the Senate, the Senators fhall have pow¬ 
 er to eleft one of their own members to the office of Prefident 
 of the Senate, which he lhail exercife pro hac f vice . And if, 
 during fuch vacancy of the office of Governor, the Lieute¬ 
 nant Governor fhall be impeached, difplaced, refign, die, 
 or be abfent from the hate, the Prefident of the Senate fhall, 
 in like manner as the Lieutenant Governor, adminiher the 
 government, until others lhail be elefted by the fuffirage ol 
 the people, at the fucceeding election. 
 
 XXII. And this Convention doth further, in the name 
 and by the authority of the good people of this hate, ordain, 
 determine, and declare, that the Treafurer of this hate fhall 
 be appointed by a<51 of the Legillature, to originate with the 
 Affembly : provided that he (hall not be elefted out of either 
 branch of the Legihature. 
 
 XXIII. That all officers, other than thofe, who, by this 
 
NEW-YGRK. 
 
 V 
 
 if €onftitution, are directed to be otherwife appointed, {hall be 
 appointed in the manner following ; to wit, The Affembly 
 fhall, once in every year, openly nominate and appoint one 
 of the Senators from each great diftridl, which Senators fhali 
 )n form a Council, for the appointment of the faid officers, of 
 3r which the Governor for the time being, or the Lieutenant 
 n Governor, or the Prefident of the Senate, (when they fhall 
 >c refpedlively adminifter the government) fhall be Pefident, 
 
 )t and have a calling voice, but no other vote ; and with the ad- 
 e vice and confent of the faid Council, fhall appoint all the 
 n faid officers; and that a majority of the faid Council be a quo¬ 
 rum. And further, the faid Senators (hall not be eligible to 
 . the faid Council, for two years fucceffively. t 
 
 XXIV. That all military officers be appointed during plea- 
 fure ; that all eommiffioned officers, civil and military, be 
 commiffioned by the Governor; and that the Chancellor, 
 the Judges of the Supreme Court, and firft Judge of the Coun¬ 
 ty Court in every county, hold their offices during good be¬ 
 haviour, or until they fhall have refpedlively attained the 
 age of fixty years. 
 
 XXV. That the Chancellor, and Judges of the Supreme 
 Court, fhall not, at the fame time, hold any other office, ex¬ 
 cepting that of Delegate to the General Congrefs, upon fpeci- 
 al occafions ; and that the firft Judges of the County Courts, 
 in the feveral counties, fnall not, at the fame time, hold any 
 other office, excepting that of Senator, or Delegate to the 
 General Congrefs. But if the Chancellor, or either of the 
 faid Judges, be defied or appointed to any other office, ex¬ 
 cepting as is before excepted, it fhall be at his option in 
 which to ferve. 
 
 XXVI. That Sheriffs and Coroners be annually appointed ; 
 and that no perfon fhall be capable of holding either of the 
 faid offices, more than four years fucceffively ; nor the She¬ 
 riff of holding any other office at the fame time. 
 
 XXVII. And be it further ordained, that the Regifler, 
 and Clerks in Chancery, be appointed by the Chancellor ; 
 the Clerks of the Supreme Court, by the fudges of the faid 
 court ; the Clerk of the Court of Probate, by the Judge 
 of the faid Court : and the Remitter and Marfhal of the Court 
 of Admiralty, by the Judge of the Admiralty. The faid 
 Marfhal, Rcgifters, and Clerks, to continue in office during 
 
02 
 
 CONSTITUTION OF 
 
 the pleafure of thofe, by whom they are to be appointed, 
 
 ;;s aforefaid. 
 
 And that all attornies, folicitors, and counfeilors at law, 
 hereafter to be appointed, be appointed by the court, and 
 lice.nfed by the firft Judge of the court, in which they (hall 
 respectively plead or pradife ; and be regulated by the rules 
 
 fc 
 
 ft 
 
 B 
 
 l 
 
 I 
 
 r 
 
 i 
 
 and orders of the faid courts. v 
 
 XXVIII. And be it further ordained, that where, by tit is 
 Convention, the duration of any office fhall not be afeer- 
 tained, fuch office fhall be conftrued to be held during the 
 pleafure of the Council of Appointment : Provided that new 
 com millions fhall be iffued to Judges of the County Courts 
 (other than to the firit judge) and to Juftices of the Peace, 
 once at the leaft in every three years. 
 
 XXIX. That Town-Clerks, Supervifors, Affeffors, Con- 
 ftables, Colledors, and all other officers, heretofore eligible 
 by the people, {hall always continue to be fo eligible, in 
 the manner direded by the prefent or future ads of the Le- 
 giflature. 
 
 That Loan-Officers, County Treafurers, and Clerks of the 
 Supervifors, continue to be appointed in the manner direded 
 by the prefent or future ads of the Legiflature. 
 
 XXX. That Delegates to reprefent this ftate in the Ge¬ 
 neral Congrefs of the United States of America, be annually 
 appointed as follows, to wit. The Senate and Affembly ihall 
 each openly nominate as many perfons, as fhall be equal to 
 the whole number of Delegates to be appointed ; after which 
 nomination, they fhall meet together, and thofe perfons, 
 named in both lids, fhall be Delegates ; and out of thofe 
 perfons, whofe names are not in both lifts, one half {hall 
 be chofen by the joint ballot of the Senators and Members 
 of Affembly, fo met together as aforefaid. 
 
 XXXI. That the ftyle of all laws fhall be as follows, to 
 wit, “ Be it enaded by the People of the State of New* 
 York reprefented in Senate and Affembly And that all 
 writs and other proceedings fhall run in the name of The Peo¬ 
 ple of the State of Nenv-York ) and be tefted in the name of 
 the Chancellor, or Chief Judge of the Court, from whence 
 they fhall iffue. 
 
 XXXII. And this Convention doth further, in the name 
 and by the authority of the good people of this ftate, or- 
 
NEW. YORK. 
 
 93 
 
 '> *3ain, determine and declare, that a court fhall be inflituted, 
 for the trial of impeachments, and the corredion of errors, 
 
 ’ under the regulations which fhall be eftablifhed by the Le- 
 i giflature ; and to confifl of the President of the Senate, for 
 the time being, and the Senators, Chancellor, and judges of 
 5 the Supreme Court, or the major part of them : except that 
 when an impeachment, fhall be profecuted againft the Chan- 
 1 cellor, or either of the Judges of the Supreme Court, the perfon, 
 
 ' fo impeached,'(hall be fufpended from exercifing his office, 
 until his acquittal : and, in like manner, when an appeal, 
 from a decree in equity, (hall be heard, the Chancellor fhall 
 inform the Court, of the reafons of his decree, but fhall not 
 have a voice in the final fentence. And if the caufe to be 
 determined, fhall be brought up by writ of error, on a ques¬ 
 tion of law, or. a judgment in the Supreme Court, the Judges 
 of that Court fhall affign the reafons of fuch their judgment, 
 but fhall not have a voice for its affirmance or reverfal. 
 
 XXXIII. That the power of impeaching all officers of 
 the date, for mal and corrupt condud in their refpedive of- 
 ! fees, be vefled in the reprefentatives of the people in Af- 
 fembly ; but that it fhall always be neceffary, that two-third, 
 j parts of the members prefent fhall confent to and agree in 
 fuch impeachment. That previous to the trial of every im- 
 I peachment, the members of the faid Court final 1 refpedively 
 : be fworn, truly and impartially to try and determine the 
 * charge in queilion, according to evidence ; and that no judg¬ 
 ment of the faid Court fhall be valid, unlefs it be aflented to, 
 v by two-third parts of the members then prefent ; nor fhall 
 it extend farther, than to removal from office, and difqualifi- 
 | cation to hold and enjoy any place of honour, truft, or pro- 
 1 ft, under this flate. But the party fo convided, fhall be, . 
 neverthelefs, liable and fubjed to indidment, trial, judg¬ 
 ment and punifhment, according to the laws of the land. 
 
 XXXIV. And it is further ordained, that in every trial 
 on impeachment, or indidment for crimes or mifdemeanors, 
 the party impeached, or indided, fhall be allowed counfel, 
 as in civil adions. 
 
 XXXV. And this Convention doth further, in the name 
 and by the authority of the good people of this flate, or¬ 
 dain, determine and declare, that fuch parts of the common 
 law of England, and of the ftatute law of England and 
 
 I 2 
 
 
94 
 
 CONSTITUTION OF 
 
 Great-Britain, and of the ads of the Legiflature of the co- c 
 lony of New-York, as together did form the law of the 
 laid colony on the 19 th day of April, in the year of our 
 Lord one thoufand leven hundred and Seventy-five, (hall be 
 and continue the law of this Hate, fubjed to fuch alterations 
 and provifions, as the Legislature of this (late final!, from 
 time to time, make concerning the fame. That fuch of the 
 fa id ads, as are temporary, lhail expire at the times limited 
 for their duration refpedively. That all fuch parts of the faid 
 common law, and all fuch of the faid llatutes, and ads afore - 
 faid, or parts thereof, as may be conftrued to cftabiifh or 
 maintain any particular denomination of Chriftians or 
 their minifters, or concern the allegiance heretofore yielded 
 to, and the Supremacy, Sovereignty, government or preroga¬ 
 tives, claimed or exercifed by the king of Great-Britain'and 
 his predeceffors, over the colony of New-York, and its inha¬ 
 bitants, or are repugnant to this conffitution—be, and they 
 hereby are, abrogated and rejeded. And this Convention 
 doth further ordain, that the refolves or resolutions of the 
 Congrefies of the colony of New-York, and of the Con¬ 
 vention of the Hate of New-York, now in force, and not 
 repugnant to the government, efiablifhed by this conftitution, 
 fhaii be confidered as making part of the laws of this ftate ; 
 fubjed, neverthelefs, to fuch alterations and provisions, as 
 the Legislature of this State may, from time to time, make 
 concerning the fame. 
 
 XXXVL And be it further ordained, that all grants of 
 lands within this Hate, made by the kin^ of Great-Britain, 
 or perfons ading under his authority, after the fourteenth day 
 cfOdober, one thoufand Seven hundred and Seventy-five, fhaii 
 be null and void : but that nothing, in this conftitution con¬ 
 tained, fhaii be conftrued to afred any grants of land, within 
 this Hate, made by the authority of the faid king or hispre- 
 deceffors, or to annul any charters to bodies politic, by him, 
 or them, or any of them, made prior to that day. And that 
 none of the faid charters (hall be adjudged to be void, by 
 reafon of any non-ufer or mifufer of any of their refpedive 
 rights 01 privileges, between the nineteenth day of April, 
 in the year of our Lord one thoufand Seven hundred and fe¬ 
 venty-five, and the publication of this conftitution. And 
 further, that all fuch of the officers, deferibed in the faid 
 
NEW. YORK. 
 
 9f 
 
 charters refpe&ively, as, by the terms of the faid charters, 
 were to be appointed by the Governor of the colony of New- 
 York, with or without the advice and confent of the Coun¬ 
 cil of the faid king, in the faid colony, fhall henceforth be 
 appointed by the Council, eftablifhed by this conflitution, for 
 the appointment of officers in this Hate, until otherwife di¬ 
 rected by the Legillature. 
 
 XXXVII. And whereas it is of great importance to the 
 fafety of this ftate, that peace and amity with the Indians, 
 within the fame, be at all times fupported and maintained; 
 —and whereas the frauds, too often prattifed towards the 
 faid Indians, in contracts made for their lands, have, in di¬ 
 vers inftances, been productive of dangerous difeontents and 
 anitnofities :—Be it ordained, that no purchafes or contracts 
 for the fale of lands, made fince the fourteenth day of 
 October, in the year of our Lord one thoufand feven 
 hundred and feventy-five, or which may hereafter be made 
 with or of the faid Indians, within the limits of this ftate, 
 [{hall be binding on the faid Indians, or deemed valid, unlefs 
 made under the authority, and with the confent of the Le- 
 giflature of this ftate. 
 
 XXXVIII. And whereas we are required, by the bene¬ 
 volent principles of rational liberty, not only to expel civil 
 tyranny, but aifo to guard a gain ft that fpiritual oppreffion 
 ; and intolerance, wherewith the bigotry and ambition of 
 I weak and wicked priefts and princes have fcourged mankind: 
 this Convention doth further, in the name and by the au¬ 
 thority of the good people of this ftate, ordain, determine, 
 and declare, that the free exercife and enjoyment of reli¬ 
 gious profeffion and worfhip, without diferirnination or pre¬ 
 ference, {hall forever hereafter be allowed , within this ftate, 
 to all mankind. Provided that the liberty of confcience, 
 hereby granted, {hall not be fo conftrued, as to excufe afts 
 of licentioufnefs, or juftify practices, inconfiftent with the 
 peace or fafety of this ftate. 
 
 XXXIX. Arid whereas the minifters cf the gofpel are, 
 by their profeffion, dedicated to the fervice of God and the 
 [care of fouls, and ought not to be diverted from the great du¬ 
 ties of their function ; therefore no minifter of the gofpel, or 
 brieft of any denomination whatfoever, fhall, at any time 
 hereafter, under any pretence or defeription whatever, be 
 
cjS 
 
 CONSTITUTION OF 
 
 eligible to, or capable of bolding, any civil or military o 
 flee or place, within this ftate. 
 
 XL. And whereas it is of the utmoft importance to tl 
 fafety of every ftate, that it fhould always be in a condition 
 of defence ; and it is the duty of every man, who enjo) 
 the protection of fociety, to be prepared and willing to de 
 fend it ; this Convention, therefore, in the name and by th 
 authority of the good people of this ftate, doth ordain, de 
 termine and declare, that the militia of this ftate, at all time! 
 hereafter, as well in peace as in war, fhall be armed, an< 
 difciplined, and in readinefs for fervice. That all fuch o 
 the inhabitants of this ftate (being of the people called Qua. ; 
 kers) as, from fcruples of confcience, may be averfe to the! 
 bearing of arms, be therefrom excufed by the Legiftature 
 and do pay to the ftate, fuch fums of money, in lieu of their! 
 perfonal fervice, as the fame may, in the judgment of the] 
 Legiftature, be worth : And that a proper magazine of war- | 
 like (lores, proportionate to the number of inhabitants, be, 1 
 forever hereafter, at the expenfe of this ftate, and by aCls 
 of the Legiftature, eftabliftied, maintained, and continued, 
 in every county in this ftate. 
 
 XLI. And this Convention doth further ordain, deter¬ 
 mine and declare, in the name and by the authority of the 
 good people of this ftate, that trial by jury, in all cafes, in 
 which it hath heretofore been ufed in the colony of New- 
 York, fhall be eftablifhed, and remain inviolate forever. 
 And that no aCts of attainder (hall be pafted by the Legifta¬ 
 ture of this ftate, for crimes, other than thofe committed 
 before the termination of the prefent war ; and that fuch adls 
 fnall not work a corruption of blood. And further, that the 
 Legiftature of this ftate (hall, at no time hereafter, inftitute 
 any new court or courts, but fuch as (hall proceed according 
 to the courfe of the common law. 
 
 XLII. And this Convention doth further, in the name 
 and by the authority of the good people of this ftate, ordain, 
 determine and declare, that it fhall be in the diferetion of the 
 Legiftature, to naturalize all fuch perfons, and in fuch man¬ 
 ner, as they fhall think proper ; provided all fuch of the per¬ 
 fons, fo to be by them naturalized, as being born in parts be¬ 
 yond fea, and out of the United States of America, fhall 
 come to fettle in, and become fubjefts of this ftate, fhall 
 
NEW-JERSEY. 
 
 97 
 
 ( ake an oath of allegiance to this Hate, and abjure and re¬ 
 nounce ail allegiance and fubjedlion to all and every foreign 
 ;ing, prince, potentate, and ftate, in all matters, ecclefiaftical, 
 iis well as civil. 
 
 By order, 
 
 LEONARD GANSEVOORT, Pref. Pro . Tern. 
 
 ( 
 
 — 5 ^ 4 *^?— 
 
 d NEW-JERSEY. 
 
 i 
 
 Constitution of New-Jersey. 
 
 THERE AS all the conftitutional authority, ever pof- 
 V V feffed by the kings of Great-Britain, over thefe co¬ 
 pies or their other dominions, was, by compad, derived from 
 le people, and held of them, for the common intereft of the 
 hole fociety ;—allegiance and protection are, in the nature 
 f things, reciprocal ties, each equally depending upon the 
 her, and liable to be diffolved by the other’s being refufed 
 withdrawn :—And whereas George the Third, king of 
 reat-Britain, has refufed protection to the good people of 
 *efe colonies: and by aflenting to fundry afts of the Britifti 
 rliament, attempted to fubjeCt them to the abfolute dorm- 
 on of that body ; and has alfo made war upon them, in the 
 oil cruel and unnatural manner, for no other caufe, than af- 
 rting their juft rights;—all civil authority under him is 
 [ceftarily at an end, and a diilolution of government in each 
 »lony has confequently taken place. 
 
 And whereas, in the prefent deplorable fituation of thefe 
 lonies, expofed to the fury of a cruel and relentlefs enemy, 
 me form of government is abfolutely neceftary, not only 
 r the prefervation of good order, but alfo the more effeCtu- 
 y to unite the people, and enable them to exert their whole 
 rce in their own neceftary defence ; and as the honorable 
 Je Continental Congrefs, the Supreme Council of the Ame- 
 :an colonies, has advifed fuch of the colonies, as have not 
 t gone into the meafure, to adopt for themfclves refpeCL 
 ely, fuch government, as fhall heft conduce to their own 
 ppinefs and fafety, and the well-being of America in ge- 
 rah—We, the Reprefentatives of the colony of New-Jer- 
 
9 8 
 
 CONSTITUTION OF 
 
 fey, having been elected by all the counties in the free!! man¬ 
 ner, and in Congrefs alfembled, have, after mature delibera¬ 
 tions, agreed upon a fet of charter-rights and the form of a 
 conftitution, in manner following, viz. 
 
 I. That the government of this province fhall be veiled 
 in a Governor, LegiHative Council, and General Alfembly. 
 
 II. That the LegiHative Council, and General Alfembly, 
 fhall be chofen, for the frit time, on the fecond Tuefday in 
 Augull next ; the members whereof Hiall be the fame in 
 number and qualifcations, as are herein after mentioned ; 
 and fhall be and remain veiled with all the powers and au¬ 
 thority to be held by any future LegiHative Council and 
 Alfembly of this colony, until the fecond Tuefday in October, 
 which fhall be in the year of our Lord one thoufand feven 
 hundred and feventv-feven, 
 
 III. That on the fecond Tuefday in October yearly, 
 and every year forever (with the privilege of adjourning 
 from day to day, as occafon may require) the counties fhall 
 feverally choofe one perfon, to be a member of the Legifla- 
 tive Council of this colony, who fhall be, and have been, 
 for one whole j^esr next before the election, an inhabitant 
 and freeholder in the county in which he is chofen, and 
 worth at leaft one thoufand pounds, proclamation money, of 
 real and perfonal ellate, within the fame county : that, at 
 the fame time, each county Hiall alfo choofe three members 
 of Alfembly ; provided that no perfon Hiall be entitled to a 
 feat in the faid Alfembly, unlefs he be, and have been, for 
 one whole year next before the eledlion, an inhabitant of the 
 county he is to reprefent, and worth live hundred pounds 
 proclamation money, in real and perfonal eftate, in the fame 
 county ; that on the fecond Tuefday next after the day of 
 election, the Council and Alfembly fhall feparatelv meet; 
 and that the confent of both Houfes Hiall be necelfary to 
 every law ; provided, that feven Hiall be a quorum of the 
 Council, for doing bufinefs, and that no law fnall pafs, un¬ 
 lefs there be a majority of all the Reprefentatives of each 
 body perfonally prefent, and agreeing thereto. Provided 
 always, that if a majority of the Reprefentatives of this 
 province, in Council and General Alfembly convened, Hiall, 
 at any time or times hereafter, judge it equitable and proper, 
 to add to or diminiHi the number or proportion of the mein- 
 
NEW-JERSEY. 
 
 99 
 
 bers of AfTembly for any county or counties in this colony, 
 
 * then, and in fuch cafe, the fame may, on the principles of 
 
 • more equal reprefentation, be lawfully done; any thing in 
 3 this charter, to the contrary notwithftanding : fo that the 
 
 whole number of Reprefentatives in AfTembly, fhall not, at 
 any time, be lefs than thirty-nine. 
 
 IV. That all inhabitants of this colony, of full age, who 
 are worth fifty pounds, proclamation money, clear eflate in 
 the fame, and have relided within the county, in which they 
 claim a vote, for twelve months immediately preceding the 
 election, fhall be entitled to vote for Reprefentatives in 
 Council and AfTembly ; and alfo for all other public officers, 
 that fhall be eleCled by the people of the county at large. 
 
 V, That the AfTembly, when met, fhall have power to 
 clioofe a Speaker, and other their officers ; to be judges of 
 the qualifications and elections of their own members ; fit 
 upon their own adjournments ; prepare bills, to be pafled 
 
 \ into law's ; and to empower their Speaker to convene them, 
 
 | whenever any extraordinary occurrence fhall render it necef- 
 | fary. 
 
 I VI. That the Council fhall alfo have power to prepare 
 bills, to pafs into laws, and have other like powers as the 
 AfTembly, and in all refpefts be a free and independent 
 branch of the Legiflature of this colony : fave only that 
 they fhall not prepare or alter any money bill—which fhall 
 be the privilege of the AfTembly : that the Council fhall, 
 from time to time, be convened by the Governor or Vice- 
 Prefident, but muff be convened, at all times, when the Af- 
 fembly fits ; for which purpofe the Speaker of the Houfe of 
 AfTembly fhall always, immediately after an adjournment, 
 give notice to the Governor, or Vice-Prefident, of the time 
 and place, to which the Houfe is adjourned. 
 
 VII. That the Council and AfTembly jointly, at their firft 
 ■meeting after each annual election, fhall, by a majority of 
 i votes, elect Tome fit perfon within the colony, to be Govern¬ 
 or for one year, who fhall be conflant Prefident of the 
 Council, and have a calling vote in their proceedings ; and 
 that the. Council themfelves fhall choofe a Vice-Prefident, 
 who fhall adt as fuch in the abfence of the Governor. 
 
 VIII. 'That the Governor, or, in his abfence, the Vice- 
 Prefident of the Council, (hail have the fuprerne executive 
 
ICO 
 
 CONSTITUTION OF 
 
 power, be Chancellor of the colony, and a& as captain-ge¬ 
 neral and commander in chief of all the militia, and other 
 military force in this colony ; and that any three or more of 
 the Council fliall, at all times, be a Privy-Council, to con- 
 fult them ; and that the Governor be ordinary or furrogate- 
 general. 
 
 IX. That the Governor and Council, (feven whereof {hall 
 be a quorum) be the Court of Appeals, in the lafl refort, in 
 all claufes of law, as heretofore ; and that they poffefs the pow¬ 
 er of granting pardons to criminals, after condemnation, in 
 all cafes of treafon, felony, or other offences. 
 
 X. That Captains, and all other inferior officers of the mili¬ 
 tia, fhall be chofen by the companies, in the refpeftive coun¬ 
 ties; but field and general officers, by the Council and Af- 
 fembly. 
 
 XI. That the Council and Affembly fhall have power to 
 make the great feal of this colony, which fhall be kept by the 
 Governor, or in his abfence, by the Vice-Prefident of the 
 Council, to be ufed by them, as occafion rmiy require : and 
 it fhall be called 7 be Great Seal of the colony of Ne<vj-ferfey* 
 
 XII. That the Judges of the Supreme Court fhall conti¬ 
 nue in office for feven years: the Judges of the Inferior Court 
 of Common Pleas in the feveral counties, Juitices of the 
 Peace, Clerks of the Supreme Court, Clerks of the Inferior Court 
 of Common Pleas and Quarter Seffions, the Attorney Gene¬ 
 ral, and Provincial Secretary, fhall continue in office for five 
 years : and the Prov incial Treafurer fhall continue in office for 
 one year ; and that they fliall be feverally appointed by the 
 Council and Affembly, in manner aforefaid, and eommif- 
 fioned by the Governor, or, in his abfence, the Vice-Prefi¬ 
 dent of the Council. Provided always, that the faid officers, 
 feverally, fliall be capable of being re-appointed, at the end 
 of the terms* feverally before limited ; and that any of the 
 faid officers t-hall be liable to be difmiifed, when adjudged 
 guilty of mifbehaviour, by the Council, on an impeachment: 
 of the Affembly. 
 
 XIII. That the inhabitants of each county, qualified to 
 vote as aforefaid, fhall, at the time and place of electing 
 their Reprefentativ es, annually eiert one Sheriff, and one or 
 more Coroners ; and that they may re-eletl the fame perfon 
 to fuch offices, unti. he fhaii have ferved three years, but 
 
NEW-JERSEY. 
 
 ioi 
 
 no longer; after which, three years muft elapfe, before the 
 fame perfon is capable of being ele&ed again. When the 
 de&ian is certified to the Governor, or Vice-Prefident, under 
 the hands of fix freeholders of the county, for which they 
 were defied, they fhall be immediately commiffioned to ferve 
 in their refpeftive offices. 
 
 XIV. That the townfhips, at their annual town meeting's 
 for eledling other officers, fhall choofe Conftables for the dif- 
 tricls refpedively; and alfo three or more judicious freeholders 
 of good character, to hear and finally determine all appeals, re¬ 
 lative to unjuft affeffments, in cafes of public taxation : which 
 Uommiffioners of Appeal fhall, for that purpofe, fit at feme 
 fuitable time or times, to be by them appointed, and made 
 known to the people, by advertifements. 
 
 XV. That the laws of the colony fhall begin in the fol¬ 
 lowing ftyle, viz. “ Be it enaded by the Council and Gene¬ 
 ral Affembly of this colony, and it is hereby enaded by au¬ 
 thority cf the fame that all commiffions, granted by the 
 Governor or Vice-Prefident, fhall run thus — u The colony 
 jof New-Jerfey to A. B. &c. greeting P’ and that all writs 
 fhall likewife run in the name of the colony : and that all 
 indidments fhall conclude in the following manner, viz. 
 t( Againfl the peace of this colony, the government and dig- 
 inity of the fame/’ 
 
 XVI. That all criminals fhall be admitted to the fame pri¬ 
 vileges of witneffes and counfel, as their profecutors are or 
 fhall be entitled to. 
 
 XVII. That the eftates of fuch perfons, as fhall deftroy 
 jtheirown liv°s, fhall not, for that offence, be forfeited; but 
 (hall defeead in the fame manner, as they woald have done, 
 had fuch perfons died in the natural way ; nor fhall any arti¬ 
 cle, which may occafion accidentally, the death of any one, 
 be henceforth deemed a deodand, or in anyvvife forfeited, or. 
 account of fuch misfortune, 
 
 XVIII. That no perfon fhall ever, within this colony, 
 be deprived of the ineifimable privilege of worfhipping Al¬ 
 mighty God, in a manner agreeable to the di&ates of his own 
 conicience ; nor, under any pretence whatever, be compelled 
 to attend any place of worfhip, contrary to his own faith 
 and judgment ; nor fhall any perfon, within this colony, 
 ever be obliged to pay tithes, taxes, or any other rates, for 
 
 K 
 
ro2 
 
 CONSTITUTION OF 
 
 the purpofe of building or repairing any other church or 
 churches, place or places of worfhip, or for the maintenance 
 of any minifter or miniftry, contrary to what he believes to 
 be right, or has deliberately or voluntarily engaged himfelf 
 to perform. 
 
 XIX. That there (hall be no eftablifhment of any one re¬ 
 ligious fedl in this province, in preference to another; and 
 that no Proteftant inhabitant of this colony (hall be denied 
 the enjoyment of any civil right, merely on account of his 
 religious principles ; but that all perfons, profeffing a belief 
 in the faith of any Proteftant fedt, who (hall demean them- 
 felves peaceably under the government, as hereby eftablifhed, 
 (hall be capable of being eledled into any office of profit or 
 irruft, or being a member of either branch of the Legifla- 
 xure, and fhall fully and freely enjoy every privilege and 
 immunity, enjoyed by others their fellow-fubjedls. 
 
 XX. That the legiflative department of this government 
 may, as much as poftible, be preferred from all fufpicion of 
 corruption, none of the Judges of the Supreme or other 
 Courts, Sheriffs, or any other perfon or perfons poflefled of 
 any poft of profit under the government, other than Juft ices 
 of the Peace, fhall be entitled to a feat in the Affembly ; 
 but that, on his being eledfed, and taking his fear, his office 
 or poft fhall be confidered as vacant. 
 
 XXI. That all the laws of this province, contained in the 
 edition lately publifhed by Mr. Allifon, fhall be and remain 
 in full force, until altered by the Legiflature of this colony 
 (fuch only excepted, as are incompatible with this charter) 
 and fhall be, according as heretofore, regarded in all refpedls, 
 by all civil officers, and others, the good people of this pro¬ 
 vince. 
 
 XXII. That the common law of England, as well as fo 
 much of the ftatute law, as have been heretofore pradtifed 
 in this colony, fhall ft ill remain in force, until they fhall be 
 altered by a future law of the Legiflature ; fuch parts only 
 excepted, as are repugnant to the rights and privileges con¬ 
 tained in this charter ; and that the ineftimable right of trial 
 by jury fhall remain confirmed, as a part of the law of this 
 colony, without repeal, for ever. 
 
 XXIII. That every perfon, who fhall be eledted, as afore- 
 faid, to be a member of the Legiflative Council, or Ploufe 
 
PENNSYLVANIA. 
 
 105 
 
 5f AfTembly, fhall, previous to his taking his feat in Coun- 
 :il or AfTembly, take the following oath or affirmation, viz. 
 “ I, A. B. do folemnly declare, that, as a member of the 
 j|Legiflative Council, (or AfTembly, as the cafe may be,) of 
 the colony of Nev/.Jerfey, I will not affent to any law, vote 
 „ or proceeding, which fhall appear to me injurious to the 
 public welfare of faid colony, nor that fhall annul or repeal 
 that part of the third fe&ion in the charter of this colony, 
 which eftabliflies, that the ele&ions of members of the Le- 
 gifiative Council and AlTembly fhall be annual ; nor that part 
 of the tvventy-fecond feftion in faid charter, refpedfing the 
 itrial by jury, nor that fhall annul, repeal, or alter any part 
 or parts of the eighteenth or nineteenth TeTions of the fame.’* 
 And any perfon or perfons, who fhall be eledled as afore- 
 faid, is hereby empowered to adminifler, to the faid mem- 
 bers, the faid oath or affirmation. 
 
 Provided always, and it is the true intent and meaning of 
 this Conprefs, that if a reconciliation, between Great-Bri- 
 tain and thefe colonies, fliould take place, and the latter be 
 taken again under the protection and government of the 
 crown of Britain, this charter fhall be null and yoid—other- 
 wife to remain firm and inviolable. 
 
 In Provincial Gongrf.ss, New-Jerfey, 
 
 Burlington, July 2, 1776. 
 
 By order of Congrefs, 
 
 SAMUEL TUCKER, P ref dent. 
 Extract from the Minutes, 
 
 William Paterson, Secretary. 
 
 ——• 
 
 PENNSYLVANIA. 
 
 The Conjlituttcn of the Commonwealth of Pen nfy Ivanl a y as ra¬ 
 tified in Convention) the 2 d day of September , 1790. 
 
 We, the peotle of the Commonwealth of Penn¬ 
 sylvania, ORDAIN AND ESTABLISH THIS CONSTITUTION 
 for its Government. 
 
 ARTICLE I. 
 
 T HE legiflative power of this commonwealth fhall be 
 veiled in a General AlTembly, which fhall confill of a 
 Senate and Houfe of Reprefentaives. 
 
Jo 4 
 
 CONSTITUTION OF 
 
 II. The Representatives fhall be chofen annually, by the 
 citizens of the city of Philadelphia, and of each county re- 
 fpeftivcly, on the fecond Tuefday of Otfloher. 
 
 III. No perfon fhall be a Reprefentative, who fhall no! 
 have attained the age of twenty-one years, and have been a 
 citizen and inhabitant of the ftate three years next preceding 
 his eleftion, and the laft year thereof an inhabitant of the city 
 or county, in which he fhall be chofen ; unlefs he fhall have 
 been abfent on the public bufinefs of the United States, or 
 of this ftate. No perfon, refiding within any city, town, 
 or borough, which (hall be entitled to a feparatc reprefenta- 
 tion, fhall be elefted a member for any county ; nor fhall any 
 perfon, refiding without the limits of any fuch city, town, 
 or borough, be elefted a member therefor. 
 
 IV. Within three years after the firft meeting of the Ge¬ 
 neral Affembly, and within every fubfequent term of feven 
 years, an enumeration of the taxable inhabitants fhall be 
 made, in fuch manner as lhall be dire&ed by law. The num¬ 
 ber of Reprefenfatives fhall, at the fcveral periods of mak¬ 
 ing fuch enumeration, be fixed by the Legiflature, and ap¬ 
 portioned among the city of Philadelphia, and the feveral 
 counties, according to the number of taxable inhabitants in 
 each ; and fhall never be lefs than fixty, nor greater than 
 one hundred. Each county fhall have, at leaft, one Repre¬ 
 fentative : but no county, hereafter erefted, fhall be entitled 
 to a feparate reprefentation, until a fufticient number of taxa¬ 
 ble inhabitants fhall be contained within it, to entitle them to 
 one K.eprefentative, agreeable to the ratio, which fhall the* 
 be eftablifhed. 
 
 V. The Senators fhall be chofen for four years, by the citi¬ 
 zens of Philadelphia, and of the feveral counties, at the fame 
 time, in the fame manner, and at the fame places, where 
 they fhall vote for Reprefentatives. 
 
 VI. The number of Senators fhall, at the feveral periods 
 of making the enumeration before mentioned, be fixed by 
 the Legiflature, and apportioned among the diftrifts formed 
 as herein after directed, according to the number of taxable 
 Inhabitants in each ; and fhall never be lefs than one-fourth, 
 nor greater than one-third, of the number of Reprefenta- 
 lives. 
 
 b 
 
PENNSYLVANIA. 
 
 JO! 
 
 * VII. The Senators fhall be chofen in dift rifts, to be formed 
 by the Legiilature ; each diilrift containing fuch a number 
 of taxable inhabitants, as fhail be entitled to eleft not more 
 than four Senators. When a diftrift fhall be compofed of 
 two or more counties, they fhall be adjoining. Neither the 
 city of Philadelphia, nor any county, fhall be divided in 
 forming a diftrift. 
 
 VIII. No perfon fhall be a Senator, who fhall not have at¬ 
 tained the age of twenty-five years, and have been a citizen 
 and inhabitant of the ftate four years next before his eleftion, 
 and the laft year thereof an inhabitant of the diftrift, for 
 which he fhall be chofen ; unlefs he fhall have been abfent on 
 the public bufinefs of the United States, or of this ftate. 
 
 IX. Immediately after the Senators fnall be affembled, in 
 confequence of the firft eleftion, fubfequent to the firft enu¬ 
 meration, they fhall be divided, by lot, as equally as may 
 be, into four clafles. The feats of the Senators of the firft: 
 clafs fhall be vacated, at the expiration of the firft year; of 
 the fecond clafs, at the expiration of the fecond year; of 
 the third clafs, at the expiration of the third year ; and of 
 the fourth clafs, at the expiration of the fourth year ; fo that 
 one-fourth may be chofen every year. 
 
 X. The General AfTembly fhall meet on the firft Tuefday 
 of December in every year, unlefs fooner convened by the 
 Governor. 
 
 XI. Each Houfe fhall choofe its Speaker and other officers : 
 and the Senate fhall alfo choofe a Speaker, pro tempore , when 
 the Speaker fhall exercife the office of Governor. 
 
 XII. Each Houfe fhall judge of the qualifications of its 
 members. Contefted eleftions fhall be determined by a com¬ 
 mittee to be feiefted, formed, and regulated in fuch manner 
 as fhall be direfted by law. A majority of each Houfe fhall 
 conftitute a quorum to do bufinefs : but a fmaller number 
 may adjourn from day to day, and may be authorifed, by 
 law, to compel the attendance of abfent members, in fuch. 
 manner, and under fuch penalties, as may be provided. 
 
 XIII. Each Houfe may determine the rules of its pro¬ 
 ceedings ; punifh its members for diforderly behaviour ; and, 
 with the concurrence of two-thirds, expel a member ; but 
 not a fecond time for the fame caufe ; and fhall have all oth^r 
 
 K z 
 
CONSTITUTION OF 
 
 106 
 
 powers neceflary for a branch of the Legiilature of a free 
 ilate. 
 
 XIV. Each Houfe fliall keep a journal of its proceedings, 
 and publifh them weekly, except fuch parts as may require 
 fecrecy. And the yeas and nays of the members, on any 
 queftion, (hall, at the defire of any two of them, be entered 
 on the journals. 
 
 XV. The doors of each Houfe, and of committees of the 
 whole, fhall be open, unlefs when the bufinefs fhall be fuch 
 as ought to be kept fecret. 
 
 XVI. Neither Houfe fhall, without the confent of the 
 other, adjourn for more than three days, nor to any other 
 place than that in which the two Houfes fliall be fitting. 
 
 XVII. The Senators and Reprcfentatives fhall receive a 
 compenfation for their fervices, to be afcertained by law, 
 and paid out of the treafury of the commonwealth. They 
 fhall, in all cafes, except treafon, felony, and breach or 
 furety of the peace, be privileged from arreft, during their 
 attendance at the feffion of the refpeftive Houfes, and in go¬ 
 ing to and returning from the fame. And for any fpeech or 
 debate in either Houfe, they fliall not be queflioned in any 
 other place. 
 
 XVIII. No Senator or Reprefentative fhall, during the 
 time for which he fliall have been eleHed, be appointed to 
 any civil office, under this commonwealth, which fliall have 
 been created, or the emoluments of which fhall have been 
 increafed, during fuch time : and no member of Congrefs, 
 or other perfon holding any office (except of attorney at law, 
 and in the militia) under the United States or this common¬ 
 wealth, fliall be a member of either Houfe, during his con¬ 
 tinuance in Conprefs, or in office. 
 
 XIX. When vacancies happen in either Houfe, the Speaker 
 fliall iflue writs of eleftion to fill fuch vacancies. 
 
 XX. All bills, for railing revenue, fhall originate in the 
 Houfe of Reprcfentatives : but the Senate may propofe 
 amendments, as in other bills. 
 
 XXI. No money fhall be drawn from the treafury, but 
 in confequence of appropriations made by law. 
 
 XXII. Every bill, which fliall have paffed both Houfes, 
 fliall be prefented to the Governor. If he approve, he fliall 
 fign it: but if he fhall not approve, he fhall return it, with 
 
PENNSYLVANIA. 
 
 107 
 
 his objections, to the Houfe, in which it fhall have origi¬ 
 nated, who fhall enter the obje&ions at large upon their 
 journals, and proceed to re-confider it. If, after fuch re. 
 coniideration, two-thirds of that Houfe fhall agree to pafs 
 the bill, it fhall be fent, with the obje&ions, to the other 
 Houfe, by which likewife it fnall be re-confidered ; and if 
 approved by two-thirds of that Houfe, it fnall be a law. 
 Eut in fuch cafes, the votes of both Houfes fhall be deter¬ 
 mined by yeas and nays : and the names of the perfons vot¬ 
 ing for or againft the bill, fhall be entered on the journals 
 of each Eloufe refpeCtively. If any bill fnall not be returned 
 by the Governor within ten days (Sundays excepted) after it 
 fhall have been prefented to him ; it fhall be a law, in like 
 manner as if he had figned it; unlefs the General AfTembly, 
 by their adjournment, prevent its return ; in which cafe, it 
 iliall be a law, unlefs fent back within three days after their 
 next meeting. 
 
 XXIII. Every order, refolution, or vote, to which the 
 concurrence of both Hcufes may be neceffary (except on a 
 « queflion of adjournment) fhall be prefented to the Governor ; 
 
 and, before it fhall take eifeCt, be approved by him ; or, 
 Ij being difapproved, fhall be re-paffed by two-thirds of both 
 Houfes, according to the rules and limitations preferibed in 
 cafe of a bill. 
 
 ARTICLE II. 
 
 I. THE fupreme executive power of this commonwealth 
 fhall be veiled in a Governor. 
 
 II. The Governor fhall be chofen on the fecond Tuefday 
 of Odlober, by the citizens of the commonwealth, at the 
 places where they fhall refpeCtively vote for Representatives. 
 The returns of every election for Governor fhall be fealed up, 
 and tranfraitted to the feat of government, directed to the 
 Speaker of the Senate, who fhall open and publilh them, in 
 the prefence of the members of both Houfes of the Legifla- 
 ture. The perfon having the higheft number of votes, fhall 
 be Governor. Eut if two or more fhall be equal and higheft 
 in votes, one of them fhall be chofen Governor, by the joint 
 vote of the members of both Houfes. Contefted elections 
 fhall be determined by a committee, to be feleCted from both 
 
CONSTITUTION OF 
 
 10S 
 
 Houfes of the Legiflature, and formed and regulated in fuch 
 manner as fliall be directed by law. 
 
 III. The Governor Hi all hold his office during three years 
 from the third Tuefday of December next enfuing his elec¬ 
 tion ; and fliall not be capable of holding it longer than nine 
 in any term of twelve years. 
 
 IV. He fliall be at leaf! thirty years of age, and have been 
 a citizen and inhabitant of this ftate feven years next before 
 his eleftion ; unlefs he fliall have been abfent on the public 
 bufinefs of the United States, or of this ftate. 
 
 V. No member of Congrefs, or perfon holding any of¬ 
 fice under the United States, or this ftate, fhall exercife the 
 office of Governor. 
 
 VI. The Governor fhall, at ftated times, receive, for his 
 fervices, a compenfation which fliall be neither increafed nor 
 diminifhed during the period for which he fnall have been 
 defied. 
 
 VII. He fhall be commander in chief of the army and 
 navy of this commonwealth, and of the militia ; except 
 when they fhall be called into actual fervice of the United 
 States. 
 
 VIII. He fhall appoint all officers, whofe offices are efta- 
 blifhed by this conftitution, or fliall be eftablifhed by law, 
 and whofe appointments are not herein otherwife provided 
 for; but no perfon fhall be appointed to an office within any 
 county, who fliall not have been a citizen and inhabitant 
 therein one year next before his appointment, if the county 
 fliall have been fo long erefied ; but, if it fhall not have 
 been fo long erefled, then within the limits of the county 
 or counties, out of which it fliall have been taken. No 
 member of Congrefs from this ftate, nor any perfon holding 
 or exercifing any office of truft or profit under the United 
 States, fliall, at the fame time, hold or exercife the office of 
 Judge, Secretary, Treafurer, Prothonotary, Regifter of Wills, 
 Recorder of Deeds, Sheriff, or any office in this ftate, to 
 which a falary is by law annexed, or any other office which 
 future Legiflatures fliall declare incompatible with offices or 
 appointments under the United States. 
 
 IX. He fhall have power to remit fines and forfeitures, and 
 grant reprieves and pardons, except in cafes of impeachment. 
 

 PENNSYLVANIA. 
 
 idf 
 
 X. He may require information, in writing, from the offi¬ 
 cers in the executive department, upon any fubjedl relating 
 to the duties of their refpeftive offices. 
 
 XI. He fhal!, from time to time, give to the General Af~ 
 fembly information of the Hate of the commonwealth, and 
 recommend to their confideration fuch meafures as he fhall 
 judge expedient. 
 
 XII. He may, on extraordinary occasions, convene the Ge¬ 
 neral Affembly ; and, in cafe of difagreement between the 
 two Houfes, with refpeft to the time of adjournment, ad¬ 
 journ them to fuch time as he fhall think proper, not ex¬ 
 ceeding four months. 
 
 XIII. He (hall take care that the laws be faithfully exe¬ 
 cuted. 
 
 XIV. In cafe of the death or refignation of the Governor, 
 cr of his removal from office, the Speaker of the Senate fhall 
 cxercife the office of Governor, until another Governor fhall 
 be duly qualified. And if the trial of a contefted eleffion (hall 
 continue longer than until the third Tuefday in December 
 next enfuing the election of a Governor, the Governor of the 
 lafl year, or the Speaker of the Senate, who may be in the 
 exercife of the executive authority, fhall continue therein, 
 until the determination of fuch contefted ele&ion, and until 
 a Governor fhall be qualified as aforefaid. 
 
 XV. A Secretary fhall be appointed and commiffioned 
 during the Governors continuance in office, if he fhall fo 
 long behave himfeif well. He fhall keep a fair regifter of 
 all the official acts and proceedings of the Governor, and 
 fhall, when required, lay the fame, and all papers, minutes, 
 and vouchers, relative thereto, before either branch of the 
 Legiflature ; and fliall perform fuch other duties as fhall be 
 enjoined him by law. 
 
 ■ - . . . 
 
 ARTICLE III. 
 
 I. IN elections by the citizens, every freeman, of the 
 Sge of twenty-one years, having refided in the Hate two 
 years next before the election, and within that time paid a 
 ftate or county tax, which fhall have been afleffed at leaf! fix 
 months before the ele&ion, fhall enjoy the rights of an ele&or 
 •—provided, that the fons of perfons qualified as aforefaidj 
 
CONSTITUTION OF 
 
 ?io 
 
 between the ages of twenty-one and twenty-two years, fha \ 
 be entitled to vote, although they (hall not have paid taxes! 
 
 II. All elections fhall be by ballot, except thofe by per 
 Tons in their reprefentative capacities, who fhall vote vivt] 
 
 *voce. 
 
 III. Electors (hall, in all cafes, except treafon, felony 
 and breach or furety of the peace, be privileged from arrefi 
 during their attendance at eledlions, and in going to anc 1 1 
 returning from them. 
 
 ARTICLE IV. 
 
 I. THE Houfe of Reprefentatives fhall have the foie power. 
 of impeaching. 
 
 II. All impeachments fhall be tried by the Senate. 
 When fitting for that purpofe, the Senators fhall be upon ] 
 oath or affirmation. No perfon fhall be convicted without 
 the concurrence of two-thirds of the members prefent. 
 
 III. The Governor, and all other civil officers, under 
 this commonwealth, fhall be liable to impeachment for any 
 mifdemeanor in office. But judgment, in fuch cafes, fhall 
 not extend further than to removal from office, and disquali¬ 
 fication to hold any office of honour, trull, or profit, under 
 this commonwealth. The party, whether convidted or ac¬ 
 quitted, fhall neverthelefs be liable to indidlment, trial* 
 judgment and punifhmerit according to law. 
 
 ARTICLE V. 
 
 I. THE judicial power of this commonwealth fhall be 
 veiled in a Supreme Court, in Courts of Oyer and Terminer 
 and General Jail Delivery, in a Court of Common Pleas, 
 Orphans’ Court, Regifler’s Court, and a Court of Quarter 
 Seffions of the Peace for each county, in Juflices of the Peace, 
 and in fuch other Courts as the Legillature may, from time 
 to time, eflablifh. 
 
 II. The Judges of the Supreme Court, and of the feve- 
 ral Courts of Common Pleas, fhall hold their offices during 
 good behaviour. But for any reafonable caufe, which fhall 
 not be fufficient ground of impeachment, the Governor may 
 remove any of them, on the addrefs of two-thirds of each 
 branch of the Legillature. The Judges of the Supreme 
 Court, and the Prefidents of the feveral Courts of Common 
 
PENNSYLVANIA. 
 
 111 
 
 Picas, fliall, at ftated times, receive, for their fervices, an 
 adequate compenfation, to be fixed by law, which fhall not 
 ' be diminifhed during their continuance in office: but they 
 a fhall receive no fees or perquifites of office, nor hold any 
 other office ©f profit under this commonwealth. 
 
 ’ III. The jurifdidlion of the Supreme Court fhall extend 
 ‘ over the ftate : and the Judges thereof (hall, by virtue of 
 ^ their offices, be Juftices of Oyer and Terminer and General 
 Jail Delivery in the feveral counties. 
 
 IV. Until it fhall be otherwife dire&ed by law, the fe¬ 
 veral Courts of Common Pleas (hall be eftablifhed in the fol- 
 
 1 lowing manner : The Governor fhall appoint in each county, 
 not fewer than three, nor more than four Judges who, dur- 
 ' ing their continuance in office, fhall refide in fuch county. 
 The ftate fhall be divided, by law, into circuits, none of 
 which fhall include more than fix, nor fewer than three 
 counties. A Prefident fhall be appointed of the Courts in 
 each Circuit, who, during his continuance in office, fhall re¬ 
 fide therein. The Prefident and Judges, any two of whom 
 (hall be a quorum, fhall compofe the refpe&ive Courts of 
 Common Pleas. 
 
 V. The Judges of the Court of Common Pleas in each 
 county, (hall, by virtue of their offices, be Juftices of Oyer 
 and Terminer and General Jail Delivery, for the trial of ca¬ 
 pital and other offenders therein : any two of the faid Judges, 
 the Prefident being one, fhall be a quorum ; but they fhall 
 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, fhall be fitting in the fame county. The party ac- 
 cufed, as well as the commonwealth, may, under fuch regu¬ 
 lations, as fhall be preferibed by law, remove the indiftment 
 and proceedings, or a tranfeript thereof, into the Supreme 
 Court. 
 
 VI. The Supreme Court and the feveral Courts of Com¬ 
 mon Pleas, fhall, befide the powers heretofore ufually exer- 
 cifed by them, have the powers of a Court of Chancery, fo 
 far as relates to the perpetuating teftimony, the obtaining of 
 evidence from places not within the ftate, and the care of 
 the perfons and eftates of thofe, who are non compotes mentis : 
 and the Legiflature fhall veft, in the faid Courts, fuch other 
 powers, to grant relief in equity, as fhall be found necef- 
 
I 12 
 
 CONSTITUTION OF 
 
 far y\ and may, from time to time, enlarge or diminifh thofe 
 powers, or vert them in fuch other Courts as they fhall 
 judge proper, for the due adminift ration of juftice. 
 
 VII. The Judges of the Court of Common Pleas of each 
 county, any two of vyhom fhall be a quorum, fhall compofe 
 the Court of Quarter Seffions of the Peace, and Orphans* 
 Court thereof: and the Regifter of Wills, together with 
 the faid Judges, or any two of them, fhall compofe the Re- 
 gifter*s Court of each county. 
 
 VIII. The Judges of the Courts of Common 'Pleas fhall, 
 within their refpeftive counties, have the like powers with j 
 the Judges of the Supreme Court, to iffue writs of certiorari 
 to the Juftices of the Peace, and to caufe their proceedings 
 to be brought before them, and the like right and juftice to 
 be done. 
 
 IX. The Prefident of the Court, in each Circuit, within 
 fuch Circuit, and the Judges of the Court of Common Pleas, 
 within their refpedlive counties, fhall be Juftices of the Peace 
 fo far as relates to criminal matters. 
 
 X. The Governor fhall appoint a competent number of 
 Juftices of the Peace, in fuch convenient diftrifts, in each 
 county, as are or fhall be dire&ed by law ; they fhall be 
 commiffioned during good behaviour; but may be removed 
 on con vision of mifbehaviour in office, or of any infamous 
 crime, or on the addrefs of both Houfes of the Legiflature. 
 
 XI. A Regifter’s office for the Probate of Wills and grant¬ 
 ing letters of adminlftration, and an office for the recording 
 of deeds, ftiab be kept in each county. 
 
 XII. The ftyle of all procefs fhall be, The Commonwealth 
 of Pennfylvania ; all profecutions fhall be carried on in the 
 name and by the authority of the commonwealth of Penn¬ 
 fylvania, and conclude, agalnji the fence and dignity of the 
 fame, 
 
 ARTICLE VI. 
 
 I. SHERIFFS and Coroners fhall, at the times and places 
 of eleftion of Reprefentatives, be chofen by the citizens of 
 each county. Two perfons fhall be chofen for each office, one 
 of whom, for each refpe&ively, fhall be appointed by the 
 Governor. They fhall hold their offices for three years, if 
 they fhall fo long behave themfelvei well, and until a fuc- 
 
PENNSYLVANIA. 
 
 1 *3 
 
 ceffor be duly qualified : but no perfon fhall be twice chofen 
 or appointed Sheriff in any term of fix years. Vacancies, 
 in either of the faid offices, fhall be filled by a new appoint¬ 
 ment, to be made by the Governor, to continue until the next 
 general election, and until a fucceffor fhall be chofen and 
 qualified as aforefaid. 
 
 II. The freemen of this commonwealth fhall be armed 
 and difeiplined for its defence. Thofe, who confcientioufiy 
 fcruple to bear arms, (hall not be compelled to do fo; but 
 fhall pay an equivalent for perfonal fervice. The militia of¬ 
 ficers fhall be appointed, in fuch manner, and for fuch time, 
 as fhall be directed by law. 
 
 III. Trothonotaries, Clerks of the Peace and Orphans* 
 Courts, Recorders of Deeds, Regiflers of Wills, and Sheriffs, 
 fhall keep their offices in the county town of the county, irr 
 which they refpeHively fhall be officers ; unlefs when the 
 Governor fhall, for fpecial reafons, difpenfe therewith, fof 
 any term, not exceeding five years, after the county fhall 
 have been eredted. 
 
 IV. All commiffions fhall be in the name and by the au¬ 
 thority of the commonwealth of Pennfylvania, andbefealed 
 with the flate feal, and figned by the Governor. 
 
 V. The State Treafurer fhall be appointed, annually, by 
 the joint vote of the members of both Houfes. All other 
 officers, in the Treafury Department, attornies at law, elec 
 tion officers, officers relating to taxes, to the poor and high¬ 
 ways, Conflables, and other townfhip officers, fhall be ap¬ 
 pointed in fuch manner as is or fhall be directed by law. 
 
 ARTICLE VII. 
 
 I. THE Legiflature fhall, as fcon as conveniently may 
 be, provide, by law, for the eflablifhment of fchools 
 throughout the flate, in fuch manner that the poor may be 
 taught gratis . 
 
 II. The arts and fciences fhall be promoted in on© or more 
 feminaries of learning. 
 
 III. The rights, privileges, immunities, and eflates of 
 religious focieties and corporate bodies, fhall remain, as if 
 the conflitution of this flate had not been altered or amended. 
 
 L 
 
CONSTITUTION OF 
 
 114 
 
 ARTICLE VIIT. 
 
 MEMBERS of the General Aflembly, and all officers* 
 executive and judicial, (hall be bound by oath or affirma¬ 
 tion, to fupport the conftitution of this commonwealth, and 
 to perform the duties of their refpe&ive offices with fidelity. 
 
 ARTICLE IX. 
 
 *That the general y great , and cffential principles of liberty and 
 
 free government may be recognized and unalterably eflablijhedy 
 
 WE DECLARE , 
 
 I. THAI' all men are born equally free and independent, 
 and have certain inherent and indefeafible rights, among 
 which are thofe of enjoying and defending life and liberty, 
 of acquiring, poffeffing, and prote&ing property and reputa¬ 
 tion, and of purfuing their own happinefs. 
 
 II. That all power is inherent in the people; and all free 
 governments are founded on their authority, and inftitnted 
 for their peace, fafety, and happinefs. For the advance¬ 
 ment of thofe ends, they have, at all times, an unalienable 
 and indefeafible right, to alter, reform, or abolifh their go¬ 
 vernment, in fuch manner as they may think proper. 
 
 III. That all men have a natural and indefeafible right to 
 worth ip Almighty God according to the didlates of their own 
 confciences ; that no man can, of right, be compelled to at¬ 
 tend, ereft, or fupport any place of worfhip, or to maintain 
 any minifiry, againll his confent ; that no human authority 
 can, in any cafe whatever, control or interfere with the 
 rights of confcience ; and that no preference (hall ever be 
 given, by law, to any religious eftablifhments or modes of 
 worfhip. 
 
 IV. That no perfon, who acknowledges the being of a 
 God, and a future (late of rewards and punifhments, (hall, 
 on account of his religious fentiments, be difqualified to hold 
 any office or place of truft or profit under this commonwealth. 
 
 V. That elections (hall be free and equal. 
 
 VI. That trial by jury (hall be as heretofore, and the 
 right thereof remain inviolate. 
 
 VII. That the printing preiTes (hall be free to every per¬ 
 fon who undertakes to examine the proceedings of the Legif. 
 lature or any branch of government : and no law (hall ever 
 be made to reftrain the right thereof. The free communica- 
 
PENNSYLVANIA. 
 
 "5 
 
 tion of thoughts and opinions is one of the invaluable rights 
 of man : and every citizen may freely fpeak, write, and 
 print on any fubjeft, being refponfible for the abufe of that 
 liberty. In profecutions for the publication of papers, in- 
 veffigating the official conduT of officers, or men in a public 
 capacity, or where the matter publilhed is proper for public 
 information, the truth thereof may be given in evidence. 
 And, in all indictments for libels, the jury fhall have a right 
 to determine the law and the fads, under the direction of the 
 court, as in other cafes. 
 
 VIII. That the people (hall be fecure in their perfons, 
 houfes, papers, and poffeffions, from unreafonable fearches 
 and feizures : and that no warrant, to fearch any place or to 
 feize any perfon or things, fliall iffue without defcribing them 
 as nearly as may be, nor without probable caufe, fupported 
 by oath or affirmation. 
 
 IX. Thar, in all criminal profecutions, the accufed hath 
 a right to be heard by himfelf and his counfel ; to demand the 
 nature and caufe of the accufation againft him; to meet the 
 witndfes face to face ; to have cornpulfcry procefs for ob¬ 
 taining witnefTes in his favour ; and, in profecutions by iti¬ 
 died ment or information, a fpeedy public trial, by an impar¬ 
 tial jury of the vicinage : that he cannot be compelled to 
 
 [ give evidence againil himfelf; nor can he be deprived of his 
 life, liberty, or property, unlefs by the judgment of his peeis, 
 
 ! or the law of the land. 
 
 X. That no perfon fhall, for any indictable offence, be 
 proceeded againft criminally by information, except in cafes 
 arifing in the land or naval forces, or in the militia when in 
 aftual fervice, in time of war or public danger, or, by leave 
 of t ie court, for oppreffion and mifdemeanor in office. No 
 perfon fhall, for the fame offence, be twice put in jeopardy of 
 life or limb ; nor fhall any man’s property be taken or applied 
 to public ufe, without the content of his Reprcfentaiivcs, 
 and without juft compenfation being made. 
 
 XI. That all courts fhall be open ; and every man for an 
 injury done him in his lands, goods, perfon, or reputation, 
 
 j lhall have remedy by the due courfe of law, and right and 
 I juftice adminiftered without fale, denial, or delay. Suits may 
 be brought againft the commonwealth in fuck manner, iu 
 
CONSTITUTION OT 
 
 ii 6 
 
 fuch courts, and in fuch cafes, as the Legiflature may, by 
 law, direft. 
 
 XII. That no power of fufperiding laws, fhall be exercifed 
 unlefs by the Legiflature, or its authority. 
 
 XIII. That excefiive bail fhall not be required, nor ex- 
 ceflive fines impofed, nor cruel punifhments inflicted. 
 
 XIV. That all prifoners fhall be bailable by fufficient fure- 
 ties, unlefs for capital offences, when the proof is evident, 
 cr prefumption great; and the privilege of the writ of habeas 
 corpus fhall not be fufpended, unlefs when, in cafes of re¬ 
 bellion or invafion, the public fafety may require it. 
 
 XV. That no commiffion of oyer and terminer or jail 
 delivery fhall be iflued. 
 
 XVI. That the perfon of a debtor, where there is not 
 flrong prefumption of fraud, fhall not be continued in pri- 
 fon, after delivering up his eflate for the benefit of his cre¬ 
 ditors, in fuch manner as fhall be preferibed by law. 
 
 XVII. That no ex peft fatto law, nor any law impairing 
 contracts, fhall be made. 
 
 XVIII. That HP perfon fhall be attainted of treafon or 
 felony by the Legiflature. 
 
 XIX. That no attainder fhall work corruption of blood, 
 nor except during the life of the offender, forfeiture of ellate, 
 to the commonwealth : that the eflates of fuch perfons, as 
 jhall deftroy their own lives, fhall defeend or veft as in cafe 
 of natural death : and if any perfon fhall be killed by cafu- 
 alty, there fhall be no forfeiture by reafon thereof. 
 
 XX. That the citizens have a right, in a peaceable man- 
 tier, to affemble together for their common good, and to ap¬ 
 ply to thofe in veiled with the powers of government, for re- 
 drefs of grievances, or other proper purpofes, by petition, 
 add refs, or remonftrance. 
 
 XXI. That the right of the citizens to bear arms, in de¬ 
 fence of themfelves ar.d the date, fhall not be queftioned. 
 
 XXII. That no flanding army fhall, in time of peace, be 
 kept up, without the confcnt of the Legiflature ; and the 
 military {hall, in all cafes, and at all times, be in ftriilfub- 
 erdination to the civil power. 
 
 XXIIL That no fqidicr fhall, in time of peace, be qua^ 
 
PENNSYLVANIA. 
 
 11 7 
 
 tered in any Iioufe, without the confent of the owner, nor, 
 in time of war, but in a manner to be prefcribed by law. 
 
 XXIV. That the Legihature (hall not grant any tide of 
 nobility or hereditary diftinbtion, nor create any cilice, the 
 appointment to which fhall be for a longer term than during 
 good behaviour. 
 
 XXV. That emigration from the Hate (hall not be prohi¬ 
 bited. 
 
 XXVI. To guard againft tranfgreffions of the high pow¬ 
 ers which we have delegated, WE DECLARE, That every 
 thing in this article, is excepted out of the general povv ers of 
 government, and fhall forever .remain inviolate. 
 
 SCHEDULE. 
 
 That no Inconvenience may anfe from the alterations and amend¬ 
 ments in the Confitution of this Commonwealth, and in order 
 
 to carry the fame into complete ope ration , it is hereby declared 
 
 and ordained ,— 
 
 I. THAT all laws of this commonwealth, in force at the 
 time of making the faid alterations and amendments in the 
 faid conftitution, and not inconfillent therewith, and all 
 rights, actions, profecutions, claims and contracts, as well of 
 individuals, as of bodies corporate, fhall continue as if the 
 faid alterations and amendments had not been made, 
 
 II, That the Prefident and Supreme Executive Council 
 fhall continue to exercife the executive authority of this com¬ 
 monwealth, as heretofore, until the third Tuefday of De¬ 
 cember next : but no intermediate vacancies in the Council 
 fhall be fupplied by new elections. 
 
 III. That all officers, in the appointment of the execu¬ 
 tive department, fliall continue in the exercife of the duties 
 of their refpedtive offices, until the firft day of Septem¬ 
 ber one thoufand feven hundred and ninety-one—unlefs 
 their commiffions fhall fooner expire by their own limita¬ 
 tions, or the faid offices become vacant by death or refigna- 
 tion—and no longer, unlefs re-appointed and commiffioned by 
 the Governor, except that the Judges of the Supreme Court 
 fhall hold their offices for the terms in their commiffions re- 
 fpedtively expreffed. 
 
 IV, That juilice fhall be adminiftered in the feveral coun- 
 
CONSTITUTION 0 ? 
 
 u S 
 
 ties of this (late, until the period afarefaid, by the fame Jut- 
 tices, in the fame courts, and in the fame mariner* as here¬ 
 tofore. 
 
 V. That no perfon, now in comraiffion as Sheriff, fnall 
 be eligible at the next election, for a longer term than will, 
 with the time, which he {hall have ferved in the faid office, 
 complete the term of three years. 
 
 VI. That, until the firft: enumeration fnall he made, as di- 
 redded in the fourth fedion of the firft article of the confti- 
 tution, eftablifhed by this Convention, the city of Philadel¬ 
 phia and the feveral counties fflall be refpeddively entitled to 
 eled the fame number of R.enrefcntatives, as is now prefcribsd 
 by law t 
 
 VII. That the firft Senate fnall confift of eighteen mem- 
 bers, to be chofen in diftrids, formed as follows, to wit : The 
 city of Philadelphia and the counties of Philadelphia and 
 Delaware fnall be a diftrid, and eled three Senators : the 
 county of Chefter fhail be a diftrid, and {hall eledd cne Senator: 
 the county of Bucks fhail be a diftrid, and (hall eled one Se¬ 
 nator : the county of Montgomery fhail be a diftrid, 2t;d 
 fhail eled one Senator: the county of Northampton fhail be 
 a diftrid, and fhail cleft one Senator : the counties of Lan¬ 
 caster and York fhail be a diftrid, and ffiall eled three Sena¬ 
 tors : the counties of Berks and Dauphin fhail be a diftrid, 
 and fhail elect two Senators: the counties of Cumberland 
 and Mifflin fhail be a d iff rich, and fhail eledd one Senator: 
 the counties of Northumberland, Luzerne and Huntingdon, 
 fhail be a diftridd, and fnall eled one Senator : the counties 
 ■of Bedford and Franklin fhail be a diftridd, and fhail eled one 
 Senator: the counties of Weft morel and and Alleghany fhail 
 be a diftrid, and fhali eled one Senator : and the counties of 
 Waffling ton and Fayette fhail be a diftrid, and fit a i I eled two 
 Senators : which Senators fflall ferve until the firft enume¬ 
 ration before mentioned fit all be made, and tke reprefentation 
 in both Houfes of the Legiflature fflall be eftabliffled by law, 
 and c-hofen as in the conftitution is direded. Any vacancies, 
 which fflall happen in the Senate, within the faid time, fflall 
 be fuppiied as preferibed in the nineteenth fedion of the firft 
 article. 
 
 VIII. That the eledions of Senators fnall be concluded, 
 jnd the returns thereof made, to the Senate, in the fame man- 
 
PENNSYLVANIA. 
 
 i ig 
 
 ■ tier as is prefcribed by the eletfion laws of the (late for con¬ 
 ducing and making return of the eleCion of Reprefentatives. 
 In thole dilhiCs, which confift of more than one county, 
 the judges of the difttiC-eleCions within each county, after 
 having formed a return of the whole election within that 
 <cotrnty, in fuch manner as is directed by law, fhall fend the 
 fame, by one or more of their number, to the place herein¬ 
 after mentioned within the diftriC, of which fuch county is 
 a part, where the judges, fo met, (ball compare and caff up 
 the feveral county returns, and execute, under their hands 
 and feals, one general and true return for the whole diftriC ; 
 that is to fay, the judges of the diftriC cornpofed of the 
 city of Philadelphia, and the counties of Philadelphia and 
 Delaware, fhall meet in the State-houfe in the city of Phi¬ 
 ladelphia ; the judges of the diftriC cornpofed of the coun- 
 
 ! ties of Lancafter and York, fhall meet at the Court-houfe, 
 in the county of Lancaller; the Judges of the diftrift com- 
 . pofed of the counties of Berks and Dauphin, {hall meet at 
 
 I Middletown, in the county of Berks ; the judges of the 
 diftridl cornpofed of the counties of Cumberland and Mif¬ 
 flin, fhall meet in Greenwood townlhip, county of Cumber¬ 
 land, at the houfe now occupied by David Miller; the 
 judges of the diflri<ffc cornpofed of the counties of Northum¬ 
 berland, Luzerne, and Huntingdon, fhall meet in the town 
 of Sunbury ; the judges of the diftrift cornpofed of the 
 counties of Bedford and Franklin, fhall meet at the houfe 
 now occupied by John Dickey, in Air townfhip, Bedford 
 county ; the judges of the diftrift cornpofed of the counties 
 of Weftmoreland and Alleghany, fhall meet in Weftmore- 
 land county, at the Court-houfe in the town of Greenf- 
 Lorough ; and the judges of the diftrift cornpofed of the 
 counties of Wafhington and Fayette, fhall meet at the Court- 
 houfe in the town of Wafhington, in Wafhington county, 
 on the third Tuefday in October refpe&ively, for the pur- 
 pofes aforefaid. 
 
 IX. That the election of the Governor fhall be conducted 
 in the feveral counties, in the manner prefcribed by the laws 
 of the ftate for the election of Reprefentatives : and the re¬ 
 turns in each county fhall be fealed by the judges of the elec¬ 
 tions, and tranfmitted to the Prefident of the Supreme Exe- 
 
CONSTITUTION, &c. 
 
 i 20 
 
 cutive Council, directed to the Speaker of the Senate, as 
 foon after the eie&ion as may be. 
 
 Done in Convention, the fecond day of September, in 
 the year of our Lord one thoufand feven hundred and 
 ninety, and of the independence of the United States 
 of America, the fifteenth. In teftimony whereof 
 we have hereunto fubfcribed our names. 
 
 THOMAS MIFFLIN, P re ft dent. 
 
 James Wilfon, 
 
 Paul Grofcop, 
 
 Hilary Baker, 
 
 Baltzer Gehr, 
 
 William Lewis, 
 
 Samuel Sitgreaves, 
 
 Thomas M‘Kean, 
 
 John Arndt, 
 
 George Gray, 
 
 Peter Rhoads, 
 
 William Robinfon, junior, 
 
 Jofeph Powell, 
 
 Robert Hare, 
 
 John Piper, 
 
 Enoch Edward 1 ?, 
 
 Charles Smith, 
 
 Samuel Ogden* 
 
 Simon Snvder, 
 
 Thomas Jenks, 
 
 William Findley, 
 
 John Barclay, 
 
 William Todd, 
 
 Abraham Stour, 
 
 Alexander Addifon, 
 
 William Gibbons, 
 
 John Hoge, 
 
 Thomas Bull, 
 
 David Redick, 
 
 James Boyd, 
 
 James Rofs, 
 
 Edward Hand, 
 
 John Smilie, 
 
 Robert Coleman, 
 
 Albert Gallatin, 
 
 Sebailian Grafr, 
 
 James M‘Lene, 
 
 John Hubly, 
 
 George Matthews 
 
 John Breckbill, 
 
 James Morris, 
 
 Henry Miller, 
 
 Lindfay Coates, 
 
 Henry Slegle, 
 
 Jonathan Shoemaker, 
 
 William Reed, 
 
 John Glon'.nger, 
 
 Benjamin Tyfon, 
 
 William Brown, 
 
 Benjamin Pedan, 
 
 Alexander Graydon, 
 
 Matthew Dill, 
 
 Timothy Pickering, 
 
 William Irvine, 
 
 Andrew Henderfon, 
 
 James Power, 
 
 John Gibfon, 
 
 Jofeph Heifter, 
 
 Thomas Beale, 
 
 Chriftian Lower, 
 
 John Sellers, 
 
 Abraham Lincoln, 
 
 Nathaniel Newlin* 
 
 Atteji, Jofeph Redman, Secretary, 
 Jacob Shalius, AJJijiant Secretary, 
 
( 121 ) 
 
 DELAWARE. 
 
 The CONSTITUTION of the State of Delaware. 
 
 IVE } the People , hereby ordain and efablrjh this Conjhiutlon of 
 Government for the State of Delaware. 
 
 r T™'HROUGH divine gocdnefs, all men have by nature, the 
 1- rights of vvorfhipping and lerving their Creator accord¬ 
 ing to the didates of their conferences, of enjoying and de¬ 
 fending life and liberty, of acquiring and protecting reputa¬ 
 tion and property, and in general of attaining objects fuitable 
 to their condition, without injury by one to another ; and as 
 thefe rights are eflential to their welfare, for the due exercife 
 thereof, power is inherent in them ; and therefore all juft au¬ 
 thority in the inflitutions of political fociety is derived from 
 the people, and eftablifhed with their confent, to advance their 
 happinefs : and they may for this end, as circumftances 
 require, from time to time, alter their conflitution of govern¬ 
 ment. 
 
 ARTICLE I. 
 
 Section i. Although it is the duty of all men frequently 
 to affemble together for the public worfhipof the Author of 
 the univerfe, and piety and morality, on which the profperity 
 of communities depends, are thereby promoted ; yet no man 
 {hall or ought to be compelled to attend any religious worfhip, 
 to contribute to the erection or fupport of any place of wor¬ 
 fhip, or to the maintenance of any miniftry, againft his own 
 free will and confent ; and no power fhall or ought to be 
 veiled in or affumed by any magiflrate, that fhall in any cafe 
 interfere with, or in any manner control the rights of con- 
 feience, in the free exercife of religious worihip, nor a pre¬ 
 ference given by law to any leiigious focieties, denominations, 
 or modes of worfhip. 
 
 Sect. 2. No religious teft fhall be required as a qualifi¬ 
 cation to any office, or public truft, under this ftate. 
 
 Sect. 3. All elections fhall be free and equal. 
 
 Sect. 4. Trial by jury fhall be as heretofore. 
 
 Sect. 5. The prefs fhall be free to every citizen, who 
 undertakes to examine the official conduct of men acting in a 
 public capacity ; and any citizen may print ^on any fubjeft, 
 
I 
 
 I It 
 
 CONSTITUTION OT 
 
 ! Sue 
 
 being refponfible for the abufe of that liberty. In profecu-, 
 tions for publications, inveiligating the proceedings of officers,, 
 or where the matter publifhed is proper for public inform- 
 atien, the truth thereof may be given in evidence : And in® 1 
 all indictments for libels the jury may determine the fadts 
 and the law, as in other cafes. 
 
 Sect. 6. The people fhall be fecure in their perfons, 
 
 ice 
 
 M 
 
 houfes, papers, and pofieffions, from unreafonable fearches and 
 
 3 
 
 Si 1 
 
 t y i ' i. c 
 
 feizures ; and no warrant to fearch any place, or to feize any 
 perfon or things, fhall iffue without defending them as parti- r 
 cularly as may be ; nor then, unlefs there be probable caufe f J 
 fupported by oath or affirmation. 
 
 Sect. 7. In all criminal profecutions, the accufed hath a 
 right to be heard by himfelf and his counfel, to be plainly 
 and fully informed of the nature and caufe of the accufation . 
 againfl him, to meet the witneifes in their examination face 
 to face, to have cornpulf try proeefs in due time, on applica¬ 
 tion by himfelf, his friends or counfel, for obtaining witnefles 
 in his favour, and a fpeedy and public trial by an impartial 
 jury : "^JllHhall not be compelled to give evidence again!! 
 himfelf; no> fhall be deprived of life, liberty, or pro¬ 
 perty, urufell by the judgment of his peers, or the law of the 
 lai__ 
 
 to perfon fhall for any indiflable offence be 
 proceeded'againfl criminally by information, except in cafes 
 arifing in the land or naval forces, or in the militia when in 
 aftual fervice in time of war or public danger ; and no perfon 
 ihall be for the fame offence twice put in jeopardy of life or 
 limb ; nor fhall any man’s property be taken or applied to 
 public ufe, without the confent of his reprefentatives, and 
 without compenfation being made. 
 
 Sect. 9. All courts fhall be open; and every man for 
 >an injury done him in his reputation, perfor, moveable or 
 * immoveable pofieffions, fhall have remedy by the due courfe 
 of law, and juftice adminiftered according to the very right 
 of the caufe, and the law of the land, without fale, denial, or 
 unreafonable delay or expenfe; and every action fhall be tried 
 in the county in which it fhall be commenced, unlefs when 
 the Judges of the court in which the caufe is to be tried, fhall 
 determine that an impartial trial therefore cannot be had in 
 that county. Suits may be brought againfl the ft ate, accord¬ 
 ing to fuch regulations as fhall be made by law. 
 
DELAWARE. J2 ~ 
 
 Sect. io. No power cf fufpending laws fhall be exercifed, 
 it by authority of the Legiflatare. 
 
 Sect. it. Exceffive bail fhall not be required, nor ex- 
 ffive fines impofed, nor cruel punifhments inflicted: And in 
 e conftru&ion of gaols, a proper regard fhall be had to the 
 •alth of prifoners. 
 
 Sect. 12. All prifoners fhall be bailable by fufficient 
 reties, unlefs for capital offences when the proof is pofitive 
 the prefumption great; and when perfons are confined on 
 cufation for fuch offences, their friends and counfel may at 
 oper feafons have accefs to them. 
 
 Sect. 13. The privilege of the writ of habeas corpus 
 all not be fufpended, unlefs when in cafes of rebellion or 
 vafion, the public fafety may require it. 
 
 Sect. 14. No commiffion of oyer and terminer or gaol 
 livery fhall be iffued. 
 
 Sect. 13. No attainder fhall work corruption of blood, 
 r except during the life of the offender, forfeiture of eftate. 
 he eftates of thofe whodeftroy their own lives fhall defcend 
 veft as in cafe of natural death, and if any perfon be killed 
 accident, no forfeiture fhall be thereby incurred*. 
 
 Sect. 16. Although difobedience to laws, by a p^rt of 
 se people, upon fuggeftions of impolicy or injuftic.e in them, 
 nds by immediate effect: and the influence of example, not 
 Iy to endanger the public welfare and fafety, but alfo in 
 i'vernments of a republican form, contravenes the focial 
 inciples of fuch governments, founded on common confent 
 r common good ; yet the citizens have a right in an orderly 
 anner to meet together, and to apply to perfons intruded 
 ith the powers of government, for redrefs of grievances or 
 her proper purpofes, by petition, remonftrance, or addrefs. 
 Sect, i 7. No Handing army fhall be kept up without th£\ 
 nfent of the Legiflature ; and the military fhall, in all 
 (fes, and at all times, be in flrid; fubordination to the civil 
 jwer. 
 
 • Sect. 18. No foldier fhall in time of peace be quartered 
 | any houfe without the confent of the owner; nor in time 
 1 war, but by a civil magiflrate, in a manner to beprefcribed 
 1 law. 
 
 Sect. 19. No hereditary diftinftion fhall be granted, nor 
 ?y office cxeated orexercifed, the appointment to which fhall 
 
124 
 
 CONSTITUTION OF 
 
 be for a longer term than during good behaviour; and n© 
 perfon holding any office under this Hate, (hall accept of any 
 office, or title of any kind whatever, from any king, prince, 
 or foreign ftate. 
 
 We declare , that every thing in this article is referred cut of the 
 
 general powers of Go vernment hei cinafter mentioned. 
 
 ARTICLE II, 
 
 Section r. The Legillative power of this ftate fhall be 
 vefted in a General Aflembly, which Hi all confirt of a Senate 
 and Houle of Reprefentatives. 
 
 Sect. 2. The Reprefentatives fhall be chofen annually by 
 the citizens refiding in the feveral counties refpedlively, on 
 the lirrt Tuefday of October. 
 
 No perfon fhall be a Reprefentative who (hall not have 
 attained to the age of twenty-four years, and have a free¬ 
 hold in the county in which he fhall be chofen, have been a 
 citizen and inhabitant of the ftate three years next preceding 
 the firft meeting of the Legiflature after his eleHion, and the 
 laft year of that term an inhabitant of the county in which 
 he (hall be chofen, unlefs he fhall have been abfent on the 
 public bufmefs of the United States or of this ftate. 
 
 There fhall be feven Pveprefentatives chofen in each county, 
 until a greater number of Reprefentatives fhall b.y the Gene¬ 
 ral Aflembly be judged neceflary; and then, two-thirds of 
 each branch of the Legiflature concurring, they may by law 
 make proviflon for increafing their number. 
 
 Sect. 3. The Senators fhall be chofen for three years by 
 the citizens refiding in the feveral counties refpettively, hav¬ 
 ing right to vote for Reprefentatives, at the fame time when 
 they {hall vote for Reprefentatives, in the fame manner, and 
 at the fame places. 
 
 No perfon {hall be a Senator who fhall not have attained 
 to the age of twenty-feven years, and have in the county in 
 which he fhall be chofen, a freehold eft ate in two hundred 
 acres of land, or an eftate in real and perfonal property, or in 
 either, of the value of one thoufand pounds at leaft, and have 
 been a citizen and inhabitant of the ftate three years next pre¬ 
 ceding the firft meeting of the Legiflature after his election, 
 and the laft year of that term an inhabitant of the county in 
 
DELAWARE. 
 
 I2jf 
 
 IVInch he fhall be chofen, unlefs he fhall have been abfent on 
 the public bufinefs of the United States or of this ftate. 
 
 There fhall be three Senators chofen in each county. When 
 a greater number of Senators fhall by the General Aflembly 
 be judged neceffary, two-thirds of each branch concurring, 
 they may by law make provifion for increasing their number; 
 but the number of Senators fhall never be greater than one- 
 half, norlefs than one-third of the number of Representatives. 
 
 Immediately after the Senators fliail be affembled in con- 
 fequence of the firft eleftion, the Senators reSding in each 
 county fhall be divided by lot into three claffes. The feats 
 of the Senators of the firft clafs fhall be vacated at the expi¬ 
 ration of the firft year; of the fecond clafs at the expiration 
 of the fecond year ; and of the third clafs at the expiration 
 of the third year ; fo that one-third may be chofen every 
 vear. 
 
 9 
 
 Sect. 4. The General Afifembly fhall meet on the firft 
 Tuefday of January in every year, unlefs fooner convened by 
 the Governor, 
 
 Sect. 5. Each Houfe fhall choofe its Speaker and other 
 officers ; and alfo each Houfe, whofe Speaker fhall exercife 
 the office of Governor, may choofe a Speaker pro tempore. 
 
 Sect. 6. Each Houfe fhall judge of the elections, returns, 
 and qualifications of its own members; and a majority of 
 each lhall conftitute a quorum to do bufinefs ; but a fmaller 
 number may adjourn from day to day, and fhall be authoriz¬ 
 ed to compel the attendance of abfent members, in fuch man¬ 
 ner, and under fuch penalties, as fhall be deemed expedient. 
 
 Sect. 7. Each Houfe may determine the rules of its 
 proceedings, punifh any of its members for diforderly beha¬ 
 viour, and with the concurrence of two-thirds, expel a mem¬ 
 ber ; and fhall have all other powers neceffary for a branch of 
 the Legiflature of a free and independent ftate. 
 
 Sect. 8 . Each Houfe fhall keep a journal of its proceed¬ 
 ings, and pubiifh them immediately after every feffion, 
 except fuch parts as may require fecrecy ; and the yeas and 
 nays of the members on any queftion, fhall at the defire of 
 any member, be entered on the journal. 
 
 Sect. 9. The doors of each Houfe, and of committees 
 of the whole, fhall be open, unlefs when the bufinefs is fuch 
 as ought to be kept fecret. 
 
 M 
 
jz6 
 
 CONSTITUTION OF 
 
 Sect. io. Neither Houfe fhall, without the confent of 
 the other, adjourn for more than three days, nor to any 
 other place than that in which the two Houfes fliall be 
 fitting. 
 
 Sect, i i . The Senators and Reprefentatives fhall receive 
 a compenfaticn for their fervices, to be afeertained by law, 
 and paid out of the treafury of the hate ; but no law vary¬ 
 ing the compenfation (hall take effeft, till an eleflion of 
 Reprefentatives fliall have intervened. They fhall in all cafes, 
 except treafon, felony or breach of the peace, be privileged 
 from arreft during their attendance at the feffion of their 
 refpeflive Houfes, and in going to and returning from the 
 fame ; and for any fpeech or debate in either Houfe, they 
 fliall not be queftioned in any other place. 
 
 Sect. 12. No Senator nor Reprefentative fliall, during 
 the time for which he fliall have been elected, be appointed 
 to any civil office under this ftate, which fliall have been 
 created, or the emoluments of which fhall have been increafed 
 ♦luring fuch time. No perfon concerned in any army or navy' 
 contrafl, no member of Congrefs, nor any perfon holding 
 any office under this ftate, or the United States, except the 
 Attorney-General, officers ufually appointed by the courts of 
 juftice refpeflively, attornies at law, and officers in the militia, 
 holding no disqualifying office, fliall, during his continuance 
 in Congrefs or in office, be a Senator or Reprefentative. 
 
 Sect. 13. When vacancies happen in either Houfe, 
 writs of eleflion fliall be iflued by the Speakers refpeftively, 
 or in cafes of neceffity, in fuch other manner as fhall be pro¬ 
 vided for by law ; and the perfons thereupon chofen fliall 
 hold their feats as long as thofe in whofe ftead they are 
 defied might have done, if fuch vacancies had not happened. 
 
 Sect. 14. All bills for raifing revenue fliall originate in 
 the Houfe of Reprefentatives ; but the Senate may propofe 
 •alterations as on other bills ; and no bill, from the operation of 
 which, when palled into a law, revenue may incidentally 
 a rife, fliall be accounted a bill for raifing revenue ; nor fliall 
 any matter or claufe whatever, not immediately relating to 
 and neceffary for raifing revenue, be in any manner blended 
 with, or annexed to, a bill for raifmp - revenue. 
 
 Sett. 13. No money fliall be drawn from the treafury, 
 but in confequence of appropriations made by law ; and a 
 
DELAWARE. 
 
 127 
 
 regular statement and account of the receipts and expendi¬ 
 tures of all public money fhall be publifhed annually. 
 
 ARTICLE ILL 
 
 Section i. The Supreme Executive Powers of this 
 date Hi a 11 be veiled in a Governor. 
 
 Sect. 2. The Governor (hall be chofen on the firfl Tuef- 
 day of October, by the citizens of the (late having right to 
 vote for Reprefentatives, in the counties where they refpec- 
 tively refide, at the places wliere they fhall vote for Reprefen¬ 
 tatives, 
 
 The returns of every election for Governor (hall be fealed 
 up, and immediately delivered by the returning officers of the 
 feveral counties to the Speaker of the Senate, or in cafe of his 
 death, to the Speaker of the Houfe of Reprefentatives, who 
 fhall keep the fame until a Speaker of the Senate fhail be 
 appointed, to whom they fhall be immediately delivered after 
 his appointment, who Hi all open and publifh the fame in the 
 prefence of the members of both Houles of the Legifiature. 
 Duplicates of the faid returns (hall alfo be immmediateiy 
 lodged with the Prothonotary of each county. The perfon 
 bavin? the higheft number of votes diall be Governor : But, 
 if two or more (hall he equal in the higheft number of votes, 
 the members of the two Houfes dial!, by joint ballot, choofe 
 one of them to be Governor ; and if upon fuch ballot, tw > 
 or more of them fnall dill be equal and higheft in votes, the 
 Speaker of the Senate fhall have an additional calling vote. 
 
 Contefted elections of a Governor (hall be determined by a 
 joint committee, confiding of one-third of all the members of 
 each branch of the Legiflature, to be felefted by ballot of the 
 Houfes refpedlively : Every perfon of the committee fhall 
 take an oath or affirmation, that in determining the faid elec¬ 
 tion, he will faithfully di(charge the truft repofed in him ; 
 and the committee (hall always fit with open doors. 
 
 Sect. 2. The Governor (hall hold his office during three 
 years from the third Tuefday of January next enfuing his 
 ele&ion ; and (hall not be capable of holding it longer than 
 three in any term of fix years. 
 
 Sect. 4. He fhall be at lead thirty years of age, and 
 have been a citizen and inhabitant of the United States 
 twelve years next before the firft meeting of the Legiflature 
 
12 $ 
 
 CONSTITUTION OF 
 
 after his election, and the lad fix of that term an inhabitant 
 of this date, unlefs he fhall have been abfent on the public 
 bufinefs of the United States or of this date. 
 
 Sect. 7. No member of Congrefs, nor perfon holding 
 any office under the United States or this date, fhall cxercife 
 the office of Governor. 
 
 Sect. 6. The Governor fhall at dated times receive for 
 his fervices an adequate falary, to be fixed by law, which 
 fhall be neither increafed nor diminifhed during the period for 
 w hich he fhall have been defied. 
 
 Sect. 7. He fhall be commander in chief of the army 
 and navy of this date, and of the militia ; except when they 
 fhall be called into the fervice of the United States. 
 
 Sect. 8 . He fhall appoint all officers whofe offices are 
 edablifhed by this conditution, or fliall be edablifhed by law, 
 and whofe appointments are not herein otherwife provided for; 
 but no perfon fhall be appointed to an office within a county, 
 who fhall not have a right to rote for Repiefentatives, and 
 have been an inhabitant therein one year next before his 
 appointment, nor hold the office longer than he continues to 
 redde in the county. No member of Congrefs, nor any perfon 
 hoidingor exercifing any office under the United States, fhall 
 at the fame time hold or exercife the office of Judge, Trea¬ 
 surer, Attorney-General, Secretary, Clerk of the Supreme 
 Court, Prothonotary, Regider for the probate of wills and 
 granting letters of adminiftration, Recorder, Sheriff, or any 
 office under this date with a falary by law annexed to it, or 
 any other office which the Legislature fhall declare incompa¬ 
 tible with offices or appointments under the United States. 
 No perfon fliall hold more than one of the following offices 
 at the fame time, to wit, Treafurer, Attorney-Genera], 
 Clerk of the Supreme Court, Prothonotary, Regider, or 
 Sheriff. All commiffions fhall be in the name of the date, 
 fliall be fealed with the great leal, and be dgned and teded 
 by the Governor. 
 
 Sect. 9. He fhall have power to remit fines and forfei¬ 
 tures ; and to grant reprieves and pardons, except in cafes of 
 impeachment. 
 
 Sect. 10. He may require information in writing from 
 the officers in the executive department, upon any fubjedf 
 relating to the duties of their refpeftive offices* 
 
DELAWARE. 
 
 Sect, i i. He fhall from time to time give to the General 
 Afiembly information of affairs concerning the ftate ; and 
 recommend to their confideration fuch meafures as he fhall 
 judge expedient. 
 
 Sect. 12. He may on extraordinary occafions convene 
 the General Afiembly ; and in cafe of difagreement between 
 the two Houfes with refpebt to the time of adjournment, 
 adjourn them to fuch time as he fhall think proper, not 
 exceeding three months. 
 
 Sect. 13. He {hall take care that the laws be faithfully 
 executed. 
 
 Sect. 14. On the death or refignation of the Governor, 
 or his removal from office on impeachment, or for inability, 
 the Speaker of the Senate at that time fhall exercife the office 
 of Governor, until a new Governor (hall be duly qualified : 
 and on the death or refignation cf the Speaker of the Senate, 
 the Speaker of the Houfe of Reprefentatives at that time fhall 
 exercife the office, until it be regularly veiled in a new 
 Governor. If the trial of a contehed eleidion fhall continue 
 longer than until the third Tuefday of January next enfulng 
 the eleftionof a Governor, the Governor of the laft year, or 
 the Speaker of the Senate, or of the Houfe of Reprefentatives, 
 who may then be in the exercife of the executive authority, 
 fhall continue therein until a determination of fuch contefted 
 ele&ion. The Governor fhall not be removed from his office 
 for inability, but with the concurrence of two-thirds of all 
 the members of each branch of the Legiflature. 
 
 Sect. 13. A Secretary fhall be appointed and commif- 
 fior.ed during the Governor’s continuance in office, if he 
 fhall fo long behave himfelf well. He fhall keep a fair regifler 
 of all the official afts and proceedings of the Governor ; and 
 fhall, when required by either branch of the Legiflature, lay 
 the fame, and all papers, minutes, and vouchers, relative 
 thereto, before them ; and (hall perform fuch other duties as 
 {hall be enjoined him by law. He {hall have a compenfation 
 for his fervices, to be fixed by law. 
 
 ARTICLE IV. 
 
 Section i. All elections of Governor, Senators, and 
 Reprefentatives, {hall be by ballot; and in fuch elections 
 every white freeman of the age of twenty-one years, having 
 
 M 2 
 
13 o 
 
 CONSTITUTION OF 
 
 redded in the Rate two years next before the election, and 
 within that time paid a itare or county tax, which fliall have 
 been a {felled at lead fix months before the election, (hall enjoy 
 the right of an elector ; and the fons of perfons fo qualified, 
 fhalt between the ages of twenty-one and twenty-two years, 
 be entitled to vote, although they fhall not have paid taxes. 
 
 Sect. 2. Electors fhall in ali cafes except treafon, felony, 
 or breach of the peace, be privileged from aired during their 
 attendance at elections, and in going to, and returning from 
 them. 
 
 ARTICLE V. 
 
 Section r. The Houfe of Reprefentatives fliall have 
 the foie power of impeaching ; but two-thirds of all the 
 members imift concur in an impeachment. All impeachments 
 ihall be tried by the Senate, and when fitting for that pur- 
 pofe, the Senators fhall be upon oath or affirmation to do 
 iuftice according to the evidence. No perfon fhaii be con¬ 
 victed without the concurrence of two-thirds of all the 
 Senators. 
 
 Sect. 2. The Governor, and all other civil officers under 
 this date, fliall be liable to impeachment for treafon, bribery, 
 or any high crime or mifdemeanor in office, judgment in fuch 
 cafes fliall not extend further than to removal from office, 
 and difqualification to hold any office of honor, trud or profit 
 under this date; but the party convicted fhall neverthelefs 
 be fubjedt to indictment, trial, judgment and punifhment 
 according to law. 
 
 Sect. 4. Treafon againd this date dial! conflfl only in 
 levying war againd it, or in adhering to the enemies of the 
 government, giving them aid and comfort. No perfon fhaii 
 be convicted of treafon, unlefs on the tedimony of two wit- 
 yiefles to the fame overt ad, or on confeffion in open court. 
 
 ARTICLE VI. 
 
 Section i* The Judicial Pouer of this date fliall be 
 vefled in a Court of Chancery, a Supreme Court, and Courts 
 of Over and Terminer and General Gaol Delivery, in a Court 
 
 j * 
 
 of Common Pleas, and in an Orphan’s Court, Regifler’s 
 Court, and a Court of Quarter Seflions of the Peace for each 
 county, in Jufliees of the Peace, and in fuch other courts as 
 
DELAWARE. 
 
 the Legiflature, two-thirds of ail the members of each branch 
 concurring, may from time to time eltablifh. 
 
 Sect. 2. The Chancellor, and the Judges of the Supreme 
 Court and of the Court of Common Pleas, fhall hold their 
 offices during good behaviour; but for any reafonable caufs 
 which fhall not be a fufficient ground for an impeachment, 
 the Governor may in his difcretion remove any of them, on 
 the addrefs of two-thirds of all the members of each branch 
 of the Legiflature. They fhall at ftated times receive for their 
 Services adequate falaries, to be fixed by law, which Avail 
 not be diminilhed during their continuance in office, and 
 fhall be payable quarterly to their refpedtive orders upon the 
 Treafurer, out of any monies in the treafury ; but they fhall 
 hold no other office of profit, nor receive any fees or peiqui- 
 fites, except fuch fees as fhall be Axed by law for bufinefs to 
 be done out of court. 
 
 Sect. 3. The Judges of the Supreme Court fhall be not 
 fewer than three, nor more than four, one of whom fhall be 
 Chief Juflice. r i here fnall be a Judge ref ding in each county. 
 The jurisdiction of this court fhall extend over the fl te. 
 T he Judges fhall by virtue of their offices, be Jindices ol Over 
 and Terminer and General Gaol Delivery in the feverai coun¬ 
 ties. Any tw o of the Judges may act as if all w ere prefent. 
 
 Sect. 4. The Judges of the Court of Common Pleas 
 fhall be not fewer than three, nor more than four, one of 
 whom fhall be Chief Juflice. There Avail be a Judge redding 
 in each county. The jurifdiCtion of this Court fhall extend 
 ■over the Itate. Any two of the Judges may act as if all were 
 prefent. 
 
 Sect. 5. The Chancellor, cr any Judge cf the Supreme 
 Court or of the Court of Common Pleas, fhall iflue the writ 
 of habeas corpus in vacation time and out of term, when duly 
 applied for, which Avail be immediately obeyed. 
 
 Sect. 6. Any Judge of the Supreme Court or of the 
 Court of Common Pleas may, unlefs the Legiflature Avail 
 othervvife provide by law, out of court, take the acknowledg¬ 
 ment of deeds ; and the fame being thereon certified, unaer 
 his hand, fuch deeds Avail be recorded and have the fame 
 effect as if acknowledged in open court. 
 
 Sect. 7. In civil caufes when pending, the Supreme 
 "Court and Court of Common Pleas Avail have the power, before 
 
CONSTITUTION OF 
 
 
 judgment, of direding upon fucli terms as they fhall deeni 
 reasonable, amendments in pleadings and legal proceedings, 
 fo that by error in any of them, the determination of caufes, 
 according to their real merits, (hall not be hindered ; and alfo 
 of directing the examination of witnefles that are aged, very 
 infirm, or going out of the date, upon interrogatories de bene 
 ejje y to be read in evidence, in cafe of the death or departure 
 of the witneffes before the trial, or inability by reafon of age, 
 ficknefs, bodily infirmity or imprifonment, then to attend; 
 and alfo the power of obtaining evidence from places not 
 within the date. 
 
 Sect, 8 . Suits may originate in the Supreme Court or 
 Court of Common Pleas. 
 
 Sect. 9. One Judge of the Supreme Court or of the 
 Court of Common Pleas may, if the other Judges eome not, 
 open and adjourn the Court, and may alfo make the neceffary 
 rules preparatory refpedively to the trial or argument of caufes. 
 
 Sect. 10. At any time pending an action for debt or 
 damages, the defendant may bring into court afum of money 
 for difeharging the dime and the cods then accrued, and the 
 plaintiff not accepting thereof, it (hall be delivered for his 
 ufe to the Clerk or Prothonotary of the court; and if upon 
 the final decifion of the caufe, the plaintiff 111 a 11 not recover a 
 greater fum than that fo paid into court for him, he (hail not 
 recover any cods accruing after fuch payment, except where 
 the plaintiffis an executor or adminidrator. 
 
 Sect. ii. By the death of any party, no fuit in chancery 
 or at law 7 , where the caufe of adion furvives, fhall abate ; 
 but, until the Legidature fhall otherwife provide, fuggedion 
 of fuch death being entered of record, the executor or admi¬ 
 nidrator of a deceafed petitioner or plaintiff may profecute 
 the faid fuit; and if a refpondent or defendant dies, the ex¬ 
 ecutor or adminidrator being duly ferved with a Scire Facias , 
 thirty days before the return thereof, (hall be confidered as a 
 party to the fuit, in the fame manner as if he had volunta¬ 
 rily made himfelf a party ; and in any of thofe cafes, the 
 court fhall pafs a decree, or render judgment, for or againd 
 executors or adminidrators, as to right appertains. But 
 where an executor or adminidrator of a deceafed refpondent 
 or defendant becomes a party, the court, upon motion, fhall 
 grant fuch a continuance of the caufe as to the Judges (hall 
 appear proper. 
 
DELAWARE. 
 
 *33 
 
 Sect. 12. Whenever a perfon, not being an executor or 
 adminiflrator, appeals from a decree of the Chancellor or ap¬ 
 plies for a writ of error, fuch appeal or writ fhall be no flay 
 of proceeding in the chancery, or the court to which the writ 
 iffues, unlefs the appellant or plaintiff in error flail give fuf- 
 ficient fecurity, to be approved refpeclivelv by the Chancel¬ 
 lor, or by a judge of the court from which the writ iffues, 
 that the appellant or plaintiff in error fhall profecute refpec- 
 tively his appeal or writ to effect, and pay the condemnation 
 money and all coils, or otherwife abide the decree in ap¬ 
 peal or the judgment in error, if he fail to make his plea 
 good. 
 
 Sect. 13. No writ of error fhall be brought upon any 
 judgment heretofore confeffed, entered or rendered, but 
 within five years from this time ; nor upon any judgment 
 hereafter to be confeffed, entered or rendered, but within five 
 years after the confefling, entering, or rendering thereof, un¬ 
 lefs the perfon entitled to fuch writ be an infant, feme co¬ 
 vert, non compos menus, or a prifoner, and then within five 
 years exclufive of the time of fuch difability. 
 
 Sect. 14. The equity jurifdidion heretofore exercifed 
 by the Judges of the Court of Common Pleas, {hall be fepa- 
 rated from the common law jurifdidiqn, and veiled in a 
 Chancellor, who fhall hold Courts of Chancery in the feve- 
 ral counties of this (late. In cafes of equity jurifdidion, 
 where the Chancellor is interefled, the cognizance thereof 
 fhall belong to the Court of Common Pleas, with an appeal 
 to the High Court of Errors and Appeals. 
 
 Sect. 13. The Judges of the Court of Common Pleas, 
 or any two of them, fhall compofe the Orphans Court of 
 each county, and may exercife the equity jurifdidion hereto¬ 
 fore exercifed by the Orphans Courts, except as to the adjur¬ 
 ing and fettling executors, adminiflrators and guardians ac¬ 
 counts ; in which cafes they fhall have an appellate jurifdic- 
 tion from the fentence or decree of the Regilter. This court 
 may iffue procefs throughout the flate, to compel the attend¬ 
 ance of witneffes. Appeals may he made from the Orphans 
 Court, in cafes where that court has original jurifdidion, to 
 the Supreme Court, whofe decifion fnall be final. 
 
 Sect. 16. An executor, adminiflrator, or guardian, fhall 
 file every account with the Regifler for the ^county, who 
 
CONSTITUTION OF 
 
 *54 
 
 fhall, as foon as conveniently may be, carefully examine tbe 
 particulars with the proof's thereof, in the prefence of fucli 
 executor, adminiftrator or guardian, and fhall adjuft and fettle 
 the fame, according to the very right of the matter, and the 
 law of the land ; which account fo fettled, fhall remain in 
 his office for infpediion ; and the executor, adminiflrator, or 
 guardian, fhall within three months after fuch fettlemenr, 
 give due notice in writing to all perfons entitled to (hares of 
 the eftate, or to their guardians refpedtively, if rending with¬ 
 in the (late, that the account is lodged in the faid office for 
 infpedlion ; and the Judges of the Orphan's Court fhall hear 
 the exceptions of any perfons concerned, if any be made, and 
 thereupon allow no demand whatever againfl the edate of the 
 deceafed, unlefs upon confideration of ail circumdances, they 
 fhall be fully convinced that the fame is therewith judly 
 chargeable. 
 
 Ssct. 17. The Regifters of the feveral counties fhall 
 refpeftively hold the Reg-der’s Court in each county. 
 Upon the litigation of a caufe, the depofitions of the witneffes 
 examined, fhall be taken at large in writing, and make part 
 of the proceedings in the caufe. This court may iffue pro- 
 cefs throughout the date, to compel the attendance of wit- 
 tieffes. Appeals may be made from a Regider's Court to the 
 Supreme Court, whofe decifions fhall be final. In cafes where 
 a Regider is intereded in quedions concerning the probate 
 of wills, the granting letters of adminiftration, or executors, 
 adminidrators, or guardians accounts, the cognizance there¬ 
 of fhall belong to the Orphan’s Court, with an appeal to the 
 Supreme Court, whofe decifion fhall be final. 
 
 Sect. 18. The Prothonotaries of the Court of Common 
 Pleas may iffue procefs as heretofore, take recognizances of 
 bail, and fign confeffions of judgment; and the Clerks of 
 the Supreme Court fhall have the like powers. No judg¬ 
 ment, in the Supreme Coart or Court of Common Pleas, held 
 for one county, fhall bind lands or tenements in another, 
 until a tefiatum fieri facias being iflued, fhall be entered of 
 record in the office of the Prothonotary of the county wherein 
 the lands or tenements are fituated. 
 
 Sect. 19. The Judges of the Court of Common Pleas 
 fhall, by virtue of their offices, compofe the Courts of Ge¬ 
 neral Quarter Seffions of the Peace and Gaol Delivery within 
 
DELAWARE. 
 
 *35 
 
 the feveral counties* Any two of the faid Judges {hall be a 
 quorum. 
 
 Sect. 20. The Governor {hall appoint a competent num¬ 
 ber of perfons to the office of Juftice of the Peace, not ex¬ 
 ceeding twelve in each county, until two-thirds of both 
 Houfcs of the Legiflature fhali by law direft an addition to 
 the number, who fhali be commiffioned for feven years, if fo 
 long they fhali behave themfelves well ; but may be removed 
 by the Governor within that time on conviction of mifbe- 
 haviour in office, or on the addrefs of both Houfes of the 
 Legiflature. 
 
 Sect. 21. The ftyle in all procefs and public aCts fhali be. 
 The State of Delaware. Profecutions fhali be carried 
 on in the name of the ftate, and fhali conclude agaivf the peace 
 end dignity of the fate, 
 
 ARTICLE VII. 
 
 Section, i. There fhali be a court, ftyled The High 
 Court of Errors and Appeals , which fhali conftft of the Chancellor 
 I, and of the Judges of the Supreme Court and Court of Commo» 
 Pleas. Any four of the Judges of this court may proceed on 
 bufinefs; but any fmaller number may open and adjourn the 
 court. If any of them has rendered judgment or paffed a 
 decree in any caufe before removal, he {hall not fit judicially 
 upon the hearing of the fame in this court, but may affign 
 the reafons upon which fuch judgment was rendered, or fuch 
 decree paffed. The Chancellor fhali prefide, except when he 
 cannot fit judicially ; and in fuch cafes, or in his abfence, 
 the Chief Juftice of the Supreme Court; but if he is fo dif- 
 qualified or abfent, then the Chief Juftice of the Court of 
 Common Pleas fhali prefide; and if he is fo difqualified 
 or abfent, then the next eldeft Judge according to pri¬ 
 ority in date of commiffions, if prefent, and not difquali¬ 
 fied as aforefaid, fhali prefide. This court fhali have power 
 1 to iffue writs of error to the Supreme Court, and to the Court 
 of Common Pleas, and to receive and determine appeals from 
 1 interlocutory or final orders or decrees of the Chancellor. 
 Errors fhali be affigned, and caufes of appeal exhibited in 
 writing fpeedily, ana citations duly ferved onadverfe parties. 
 
 Sect. 2. Upon the reverful of a judgment of the Supreme 
 Court, or of a Court of Common Pleas, or a decree of the 
 
CONSTITUTION OF 
 
 Chancellor, this court fhall refpeftively render fueh judgment-, 
 or pafs fuch decree, as the Supreme Court, or the Court of 
 Common Pleas, or the Chancellor ought to have rendered or 
 palled, except where the reverfal is in favour of the plaintiff 
 or petitioner, in the original fuit, and the damages to be 
 afleffed, or the matters to be decreed, are uncertain : in any 
 of which cafes, the caufe fhall be remanded, in order to a 
 final decilion. 
 
 Sect. 3. The Judges of this Court may ilfue all procefs 
 proper for bringing records fully before them, and for carry¬ 
 ing their determinations into execution. 
 
 ARTICLE VIII. 
 
 Section i. The members of the Senate and Houfe of 
 Reprefentatives, the Chancellor, the Judges of the Supreme 
 Court, and the Court of Common Pleas, and the Attorney- 
 General, fhall by virtue of their offices, be confervators of the 
 peace throughout the date ; and the Treafurer, Secretary, 
 Clerks of the Supreme Court, Prothonotaries, Regifters, 
 Recorders, Sheriffs, and Coroners, fhall, by virtue of their 
 offices, be confervators thereof, within the counties refpec- 
 tively in which they refide. 
 
 Sect. 2. The Reprefentative, and when there fhall be 
 more than one, the Reprefentatives of the people of this 
 ftate in Congrefs, fhall be voted for at the fame places where 
 Reprefentatives in the Hate Legiflature are voted for, and in 
 the fame manner. 
 
 Sect. 3. The State Treafurer fhall be appointed annually 
 by the Houfe of Reprefentatives with the concurrence of the 
 Senate. No perfon who hath ferved in the office of State 
 Treafurer, fhall be eligible to a feat in either Houfe of the 
 Legiflature, until he fhall have made a final fettlement of his 
 accounts as Treafurer, and difeharged the balance, if any 
 thereon due. 
 
 Sect. 4. Two perfons for the office of Sheriff and two for 
 the office of Coroner, fhall be chofen by the citizens refiding 
 in each county, and having right to vote for Reprefentatives, 
 at the time and places of eleftion of Rtprefentatives, one of 
 whom for each office refpeftively, {hail be appointed by the 
 Governor. They fhall hold their offices for three years, if 
 folong they fhall behave themfelves well, and until fucceffors 
 
DELAWARE. 
 
 *3 7 
 
 be duly qualified; but no perfon (ball be twice appointed She¬ 
 riff, upon election by the citizens, in any term of fix years. 
 The Governor (hall fill vacancies in thefe offices by new ap¬ 
 pointments to continue unto the next general election, and 
 until fucceffors (hall be chofen and duly qualified. The Le¬ 
 gislature, two-thirds of each branch concurring, may when 
 it Shall be judged expedient, veil the appointment of Sheriff's 
 and Coroners in the Governor; but no perfon Shall be twice 
 appointed Sheriff in any term of fix years. 
 
 Sect. 5. The Attorney General, Clerks of the Supreme 
 Court, Prothonotaries, Regifiers, Clerks of the Orphans 
 Courts and of the Peace, Shall refpeCtively be commiffioned 
 for five years, if fo long they Shall behave thernfelves well; 
 but may be removed by the Governor within that time, on 
 conviction of misbehaviour in office, or on the addrefs of 
 both Houfes of the Legislature. Prothonotaries, Clerks of 
 the Supreme Court, of the Orphans Courts, Registers, Re¬ 
 corders, and Sheriffs, Shall keep their offices in the town or 
 place in each county, in which the Supreme Court and the 
 Court of Common Pleas are ufually held. 
 
 Sect. 6. Attornies at law, all inferior officers in the trea- 
 fury department, election officers, officers relating to taxes, 
 to the poor, and to high-ways, Constables and Plundred of¬ 
 ficers, Shall be appointed in fuch manner as is or may be di¬ 
 rected by law. 
 
 Sect. 7. All falaries and fees annexed to offices (hall be 
 moderate ; and no officer Shall receive any fees whatever, 
 without giving to the perfon who pays, a receipt for them, 
 if required, therein fpecifying every particular and the charge 
 for it. 
 
 Sect. 8. No cofts (hall be paid by a perfon accufcd on a 
 bill being returned ignoramus ; nor on acquittal by a jury, 
 unlefs a majority of the Judges prefent at the trial certify, 
 that there was probable caufe for the profecution. 
 
 Sf.ct. 9. The lights, privileges, immunities, and eftates 
 of religious focieties and corporate bodies, Shall remain as if 
 the conftitution of this ftate had not been altered. No cler¬ 
 gyman or preacher of the gofpel, of any denomination, fhall 
 be capable of holding any civil office in this ftate, or of be¬ 
 ing a member of either branch of the Legislature, while he 
 continues in the exercife of the paftoral or clerical functions. 
 
 N 
 
CONSTITUTION OF 
 
 *38 
 
 Sect. 10. All the laws of this flate, exifting at the 
 time of making this conflitution, and not inconfiftent with 
 it, {hall remain in force, unlefs they fhall be altered by future 
 laws; and all aflions and profecutions now pending, fnall 
 proceed as if this conflitution had not been made. 
 
 Sect. ii. This conflitution fhall be prefixed to every 
 edition of the laws made by direction of the Legiflature. 
 
 Sect. 12. The Legiflature fhall, as foon as conveniently 
 may be, provide by law, for afeertaining what flatutes, and 
 parts of flatutes, fhall continue to be in force within this 
 ilate ; for reducing them, and all affs of the General Affem- 
 bly, into fuch order, and publifhing them in fuch manner, 
 that thereby the knowledge of them may be generally dif- 
 fufed ; for choofing infpedtors and judges of elections, and 
 regulating the fame in fuch manner, as fhall moft effectually 
 guard the rights of the citizens entitled to vole ; for better 
 Securing perfonal liberty, and eafdy and fpeedily redreffing ; 
 all wrongful reflraints thereof; for more certainly obtaining 
 returns of impartial juries ; for dividing lands and tene¬ 
 ments in Tiles by Sheriffs, where they will bear a diviiion, 
 into as many parcels as may be without fpoiiing the whole, 
 and for advertising and making the fales in fuch manner, and 
 at fuch times, and places, as may render them moft beneficial 
 to all perfons concerned ; and for ellablifhing fchools, and 
 promoting: arts and fciences. 
 
 1 O 
 
 ARTICLE IX. 
 
 Members of the General Affembly, and all officers execu¬ 
 tive and judicial, (hall be bound by oath or affirmation, to 
 fupport the conflitution of this Hate, and to perform the 
 duties of their refpeclive offices with fidelity. 
 
 ARTICLE X. 
 
 The General Affembly, whenever two-thirds of each 
 Houfe fitall deem it neceilary, may with the approbation of 
 the Governor propofe amendments to this conflitution, and at 
 leafl three, and not more than fix months before the next gene¬ 
 ral election of Representatives, dul)'' publifh them in print 
 for the conlideration cf the people ; and if three-fourths of 
 each branch of the Legiflature fhall, after fuch an eleftion, 
 and before another, ratify the faid amendments, they fhall be 
 valid to all intents and purpofes, as parts of this conflitution. 
 
DELAWARE. 
 
 *33 
 
 No convention {hall be called but by the authority of the 
 people ; and an unexceptionable mode of making their fenfe 
 known, will be for them at a general election of Pveprefen- 
 tatives, to vote alfo by ballot for or againji a convention, 
 as they fhall feverally choofe to do ; and if thereupon it 
 {hall appear, that a majority of all the citizens in the Hate 
 having right to vote for Reprefentatives, have voted for a 
 convention, the General Alfembly fhall accordingly at their 
 next feffions call a convention, to confift of at lead as many 
 members as there are in both Houfes of the Legiflature, to ba 
 chofen in the fame manner, at the fame places, and at the fame 
 time that Reprefentatives are, by the citizens entitled to 
 vote for Reprefentatives, on due notice given for one month, 
 and to meet within three months after they {hall be ele&ed. 
 
 SCHEDULE. 
 
 THAT no inconveniencies may arife from the alterations 
 of the Conftitution of this State, and in order to carry 
 thc fame into complete operation, it is hereby declared and 
 ordained : 
 
 I. That the Frefident, or in cafe of his death, inability, 
 or abfence from the date, the Speaker of the Legiflative 
 Council at that time, and in cafe of his death, inability, or 
 abfence from the date, the Speaker of the Houfe of Aflemb’y 
 at that time, {hall refpeftivpl.y, with the Privy Council, 
 exercife the Executive Authority of this date until the third 
 Tuefday in January next. If the death, inability, or abfence 
 of the Prefident, (hall happen after the drd Tuefday of next 
 October, and before the fird Tuefday in next January, then 
 the Executive Authority (hall devolve upon the perfon who 
 was Speaker of the Council at the next preceding feffion of 
 the General Alfembly ; and in cafe of his death, inability, 
 or abfence, upon the perfon who was Speaker of the Houfe 
 of Ad’embly at the faid next preceding fedion. 
 
 II. That all perfons holding offices to which, under this 
 conditution, appointments are to be made by the Governor, 
 (hall continue in the exercife of the duties of their refpedive 
 offices until the fird Tuefday of Oflober, one thoufand, feven 
 hundred and ninety-three, unlefs their commiffions fhall foone; 
 
140 
 
 CONSTITUTION, Sec. 
 
 expire by their own limitations, or the faid offices (ball bt- 
 eome vacant by death cr refignatflon, and no longer, unlefs 
 rc-appointed and commiffioned by the Governor. 
 
 III. That juftice Hi all be adminiftered in the feveral coun¬ 
 ties of this ftate, until the period laft mentioned, by the fame 
 judices, in the fame courts and in the fame manner as here¬ 
 tofore. 
 
 IV. That the Sheriffs elefted at Odlober next (hall hold 
 their refpeftive cornmiffions two years, and no longer, from 
 that time, or until new Sheriffs are eiefted and appointed j 
 and fuch perfons (ball not be again eligible until the expira¬ 
 tion of three years after their cornmiffions ceafe. 
 
 V. That the elections of Governor, Senators, and Repre- 
 fentatives, fhall be conducted by the fame perfons, and in 
 the fame manner, as is preferibed by the ele&ion laws of this 
 ftate, concerning the eleftion of members of the Council and 
 of the Houfe of Affembly : and the returns thereof iball be 
 made refpeftively to the perfon exercifing the Executive 
 Authority, to the Senate, and to the Houfe of Reprefenta- 
 tives. 
 
 VI. The firft meeting of the Legiflature under this con- 
 ftitution fhall be at the town of Dover. 
 
 Done in Convention, the twelfth day of June, in the year 
 of our Lord one thoufand feven hundred and ninety - 
 two, and of the Independence of the United States 
 of America, the fixteenth. In teftimony whereof, wc 
 have hereunto fubferibed our names. 
 
 THOMAS 
 John Dickinfon, 
 Robert Armftrong, 
 Edward Roche, 
 William Johnfon, 
 Robert Haughey, 
 George Monro, 
 Robert Coram, 
 Kenfey Johns, 
 Nicholas Ridgely, 
 John Clayton, 
 Thomas White, 
 Manlove Emerfon, 
 
 (Atteft.) 
 
 MONTGOMERY, ? ref dent. 
 James Morris, 
 
 Richard Baffetf, 
 
 Benjamin Dill, 
 
 Henry Mollifton, 
 
 Andrew Barratf, 
 
 Ifaac Cooper, 
 
 George Mitchell, 
 
 John W. Batfon, 
 
 Rhoads Shankland, 
 
 Ifaac Beauchamp, 
 
 Daniel Polk. 
 
 JAMES BOOTH, Secretary ,. 
 
( > 4 ' ) 
 
 MARYLAND. 
 
 A DECLARATION of RIGHTS, and the Canjlitutinn and 
 form of Government , agreed to by the Delegates of Maryland) 
 m free and full Convention affe rubied* 
 
 A DECLARATION OF RIGHTS, &c. 
 
 T HE Parliament of Great Britain, by a declaratory aft, 
 having aflumed a right to make laws to bind the colo¬ 
 nies in all cafes whatfoever, and, in purfuanceof fuch claim, 
 endeavoured, by force of arms, to Subjugate the United 
 Colonies to an unconditional fubmifiion to their will and 
 power, and having at length conftrained them to declare 
 themfelves independent Bates, and to aiTume government 
 under the authority of the people :—Therefore, we, the De¬ 
 legates of Maryland, in free and full Convention affembled, 
 taking into our mod Serious conhderation the bed means of 
 eftablifhing a good Conftitution in this Bate, for the Sure 
 foundation and more permanent Security thereof, declare, 
 
 I, That all Government, of right, originates from the 
 people, is founded in compaft only, and instituted Solely for 
 the good of the whole. 
 
 II. That the people of this Bate ought to have the Sole 
 and exclufive right of regulating the internal government and 
 police thereof. 
 
 III. That the inhabitants of Maryland are entitled to the 
 common law of England, and the trial by jury, according to 
 the courfe of that law, and to the benefit of fuch of the 
 Englifh Batutes, as exiBed at the time of their find emigra¬ 
 tion, and which, by experience, have been found applicable 
 to their local and other circumfiances, and of fuch others as 
 have been Since made in England, or Great Britain, and have 
 been introduced, ufed, and praftifed, by the courts of law or 
 equity ; and alfo to all afts of AfSembly, in force on the firB 
 of June, Seventeen hundred and Seventy-four, except fuch as 
 may have fince expired, or have been, or may be altered by» 
 afts of Convention, or this declaration of rights—fubjeft, 
 nevertheless, to the revifion of, and amendment or repeal by, 
 the Legiflature of this Bate : and the inhabitants of Mary¬ 
 land are alfo entitled to all propertv, derived to them from or 
 
 Ni 
 
CONSTITUTION OF 
 
 ? 4-2 
 
 under the charter, granted by his Majefty Charles I. to 
 Cscilius Calvert, Baron or Baltimore. 
 
 IV. That all perfons inverted with the legiflative or exe¬ 
 cutive powers of government, are the truftees of the public, 
 and, as fuch, accountable for their conduct; wherefore, when¬ 
 ever the ends of government are perverted, and public liberty 
 manifertly endangered, and all other means of redrefs are 
 ineffectual, the people may, and of right ought, to reform the 
 old or ertablifh a new government. The dodfrine of non- 
 refiftance, againft arbitrary power and opprertion, is abfurd, 
 11 avifh, and deftruftive of the good and happinefs of man¬ 
 kind. 
 
 V. That the right, in the people, to participate in the 
 Legillature, is the beft fecurity of liberty, and the foun¬ 
 dation of all free government ; for this purpofe, elections 
 ought to be free and frequent, and every man, having property 
 in, a common intcreft with, and an attachment to the commu¬ 
 nity, ought to have a right of fuffrage. 
 
 VI. That the Legillarive, Executive, and Judicial powers 
 of government, ought to be forever feparate and diftindt from 
 each other. 
 
 VII. That no power of fufpending laws, or the execution 
 of laws, unlefs by, or derived from the Legillature, ought to 
 be exercifed or allowed. 
 
 VIII. That freedom of fpeech and debates, or proceedings 
 in the Legillature, ought not to be impeached in any other 
 court or judicature. 
 
 IX. That a place for the meeting of the Legillature, ought 
 to be fixed, the moil convenient to the members thereof, and 
 to the depofitory of public records ; and the Legillature ought 
 not to be convened or held at any other place, but from evi¬ 
 dent neceffity. 
 
 X. That, for redrefs of grievances, and for amending, 
 ftrengthening, and preferving the laws, the Legillature ought 
 to be frequently convened. 
 
 XL That every man hath a right to petition the Legifla* 
 ture, for the redrefs of grievances, in a peaceable and or¬ 
 derly manner. 
 
 XII. That no aid, charge, tax, fee, or fees, ought to be 
 fet, rated, or levied, under any pretence, without confent of 
 tlie Legillature. 
 
MARYLAND. 
 
 H3 
 
 XIII. That the levying taxes by the poll is grievous and 
 •pprdfive, and ought to be abolilhed : that paupers ought not 
 to be affeffed for the fupport of government; but every 
 other perfon in the ftate ought to contribute his proportion 
 of public taxes, for the fupport of government, according 
 to his adual worth, in real or perfonal property, within the 
 ftate ; yet fines, duties, or taxes, may properly and juftly be 
 impofed or laid, with a political view, for the good govern, 
 ment and benefit of the community. 
 
 XIV. That fanguinary laws ought to be avoided, as far 
 as is confiftent with the fafety of the ftate : and no law, to 
 inflid cruel and unufual pains and penalties, ought to be made 
 in any cafe, or at any time hereafter. 
 
 XV. That retrofpeclive laws, punifhing fads committed 
 before the exiftence of fuch laws, and by them only declared 
 criminal, are opprefiive, unjuft, and incompatible with li¬ 
 berty ; wherefore no ex foji fatto law ought to be made. 
 
 XVI. That no law, to attaint particular perfons of trea- 
 fon or felony, ought to be made in any cafe, or any time 
 hereafter, 
 
 XVII. That every freeman, for any injury done him in 
 his perfon or property s ought to have remedy, by the courfe 
 of the law of the land, and ought to have jufticeand right, . 
 freely without fale, fully without any denial, and fpeedily 
 without delay, according to the law of the land. 
 
 XVIII. That the trial of fads, where they arife, is one 
 of the greateft fecurities of the lives, liberties, and eftates of 
 the people. 
 
 XIX, That, in all criminal profecutions, every man hath 
 a right to be informed of the accufation againft him ; to 
 have a copy of the indidment or charge in due time (if re¬ 
 quired) to prepare for his defence ; to be allowed counfel ; to 
 be confronted with the witnefles againft him; to have pro- 
 cefs for his witnelfes; to examine the witneffes, for and 
 againft him, on oath ; and to a fpeedy trial by an impartial 
 jury, without whofe unanimous confent, he ought not to be 
 found guilty. 
 
 XX. That no man ought to be compelled to give evidence 
 againft himfelf, in a common court of law, or in any other 
 court, but in fuch cafes, as have been ufually pradifed in this 
 ftate, or may hereafter be direded by the Legillature. 
 
*4+ 
 
 CONSTITUTION, OF 
 
 XXI. That no freeman ought to be taken, or imprifoned, 
 or diffeized of his freehold, liberties, crprivilegcs, or out¬ 
 lawed, or exiled, or in any manner deflroyed, or deprived of 
 liis life, liberty, or property, but by the judgment of his 
 peers, or by the law of the land. 
 
 XXII. That exceffive bail ought not to be required, nor 
 exceffive fines impofed, nor cruel or unufual punifhments 
 inflated, by the courts of law. 
 
 XXIII. That all warrants, without oath or affirmation, 
 to fearch fufpeCted places, or to feize any perfon or property, 
 are grievous and oppreffive ; and all general warrants—to 
 fearch fufpeCted places, or to apprehend fufpefted perfons, 
 without naming or defcribing the place, or the perfon in 
 fpecial—are illegal and ought not to be granted. 
 
 XXIV. That there ought to be no forfeiture of any part 
 of the eftate of any perfon, for any crime except murder, or 
 treafon againft the hate, and then only on conviction and 
 attainder. 
 
 XXV. That a well regulated militia is the proper and 
 natural defence of a free government. 
 
 XXVI. That (landing armies are dangerous to liberty, 
 and ought not to be raifed or kept up, without confent of 
 the Legiflature. 
 
 XXVII. That in all cafes, and at all times, the military 
 ought to be under ftriCt fubordination to, and control of the 
 civil power. 
 
 XXVIII. That no foldier ought to be quartered in any 
 houfe in time of peace, without the confent of the owner ; 
 and in time of war, in fuch manner only, as the Legiflature 
 fh.aH direCt. 
 
 XXIX. That no perfon, except regular foldiers, mariners 
 and marines in the fervice of this date, or militia when in 
 aCtual fervice, ought in any cafe to be fubjeft to, or punifh- 
 able by martial law. 
 
 XXX. That the independency and uprightnefs of Judges 
 are effential to the impartial adminiflration of juftice, and a 
 great fecurity to the rights and liberties of the people ; 
 wherefore the Chancellor and Judges ought to hold com- 
 miffions during good behaviour; and the faid Chancellor and 
 Judges fhall be removed for mifbehaviour, on conviction in 
 a court of law, and may be removed by the Governor, upon 
 
MARYLAND. 
 
 145 
 
 the add refs of the General Afiembly : provided that two- 
 thirds of all the members of each Houfe concur in fuch 
 addrefs. That falaries, liberal, but not profufe, ought to be 
 fecured to the Chancellor and the Judges, during the conti¬ 
 nuance of their commiffions, in fuch manner, and at fuch 
 times, as the Legiflature fhall hereafter diredt, upon consider¬ 
 ation of the circumltances of this ftate. No Chancellor or 
 Judge ought to hold any other office, civil or military, or 
 receive fees or perquifites of any kind. 
 
 XXXI. That a long continuance, in the firft executive 
 departments of power or trull, is dangerous to liberty; a 
 rotation, therefore, in thofe departments, is one of the bell 
 fecurities of permanent freedom. 
 
 XXXII. That no perfon ought to hold, at the fame time, 
 more than one office of profit, nor ought any perfon, in 
 public trull, to receive any prefent from any foreign prince or 
 Hate, or from the United States, or any of them, without the 
 approbation of this ftate. 
 
 XXXIII. That, as it is the duty of every man, to wor- 
 fliip God in fuch manner, as he thinks moft acceptable to 
 him, all perfons, profefling the Chriftian religion, are equally- 
 entitled to prote&ion in their religious liberty ; wherefore 
 no perfon ought by any law, to be molefted in his perfon or 
 eftate, on account of his religious perfuafion or profeffion, 
 or for his religious pradlice ; unlefs, under colour of religion, 
 any man fhall ditlurb the good order, peace, or fafety of the 
 ftate, or fhall infringe the laws of morality, or injure others 
 in their natural, civil, or religious rights ; nor ought any 
 perfon to be compelled to frequent, or maintain, or contri¬ 
 bute, unlefs on contrail, to maintain any particular place of 
 worlhip, or any particular miniftry ; yet the Legillaturc 
 may, in their diferetion, lay a general and equal tax, for the 
 fupport of the Chriftian religion ; leaving to each individual 
 the power of appointing the payment over of the money, 
 collected from him, to the fupport of any particular place of 
 worfbip or miniller, or for the benefit of the poor of his own 
 denomination, or the poor in general of any particular 
 county : but the churches, chapels, glebes, and all other 
 property, now belonging to the church of England, ought to 
 remain to the church of England for ever. And all a<fls of 
 Afiembly, lately palled, for colle&ing monies for building or 
 
CONSTITUTION OF 
 
 146 
 
 repairing particular churches or chapels of eafe, (hall conti¬ 
 nue in force, and be executed, unlefs the Legiflature fhall, by 
 aft, fuperfede or repeal the fame : but no county court (hall 
 affefs any quantity of tobacco, or fum of money, hereafter, 
 on the application of any veftry-men ur church wardens ; and 
 every encumbent of the church of England, who hath re¬ 
 mained in his parifh, and performed his duty, fhall be enti¬ 
 tled to receive the provifion and-fupport eftabliftied by the aft, 
 entitled (< An aft, for the fupport of the clergy of the church 
 of England, in this province,” till the November court of 
 this prefent year, to be held for the county in which his 
 parifh fhall lie, or partly lie, or for fuch time as he hath re¬ 
 mained in his parifh, and performed his duty. 
 
 XXXIV. That every gift, fale, or devife of lands, to 
 any minifter, public teacher, or preacher, of the gofpel, as 
 fuch, or to any religious feft, order, or denomination, or to, 
 or for the fupport, ufe, or benefit of, or in truft for, any mi¬ 
 ni fie r, public teacher, or preacher, of the gofpel, as fuch, 
 or any religious feft, order, or denomination—and every gift 
 or fale of goods, or chattels, to go in fucceffion, or to take 
 place after the death of the feller or donor, or to, or for fuch 
 lupport, ufe, or benefit—and alfo every devife of goods or 
 chattels to, or for the fupport, ufe, or benefit cf any minifter, 
 public teacher, or preacher of the gofpel, as fuch, or any 
 religious feft, order, or denomination, without the leave of 
 the Legiflature, (hall be void ; except always any fale, gift, 
 leafe, or devife of any quantity of land, not exceeding two 
 acres, for a church, meeting, or other houfe of worfhip, and 
 for a burying ground, which (hall be improved, enjoyed, or 
 ufed only for fuch purpofe—or fuch fale, gift, leafe, or devife, 
 (hall be void. 
 
 XXXV. That no other tell or qualification ought to be 
 required, on admilfion to any office of truft or profit, than 
 fuch oath of fupport and fidelity to this State, and fuch oath 
 of office, as (hall be direfted by this Convention, or the Le¬ 
 giflature of this date, and a declaration of a belief in the 
 Chriftian religion. 
 
 XXXVI. That the manner of adminiftering an oath to 
 any perfon, ought to be fuch, as thofe of the religious per- 
 fuafion, profeffion, or denomination, of which fuch perfon is 
 one, generally efteem the moft effectual confirmation, by the 
 
MARYLAND. 
 
 147 
 
 atteftation of the Divine Being. And that the people called 
 Quakers, thofe called Dunkers, and thofe called Menonifts, 
 holding it unlawful to take an oath on any occafion, ought 
 to be allowed to make their folemn affirmation, in the man¬ 
 ner that Quakers have been heretofore allowed to affirm ; and 
 to be of the fame avail as an oath, in all fuch cafes, as the 
 affirmation of Quakers hath been allowed and accepted within 
 this ftate, inftead of an oath. And further, on fuch affirmation, 
 warrants to fearch for ftolen goods, or for the appreherdion or 
 commitment of offenders, ought to he granted, or fecurity 
 for the peace awarded, and Quakers, Dunkers, or Menonifts, 
 ought alfo, on their folemn affirmation, as aforefaid, to be 
 admitted as witneffes, in all criminal cafes not capital. 
 
 XXXVII. That the city of Annapolis ought to have all 
 its rights, privileges, and benefits, agreeable to its charter, 
 and the ads of Affembiy confirming and regulating the fame, 
 fubjed nevertheless to fuch alterations as may be made by this 
 Convention or any future Legiflature. 
 
 XXXVIII. That the liberty of the prefs ought to be 
 inviolably preferved. 
 
 XXXIX. That monopolies are odious, contrary to the 
 fpirit of a free government, and the principles of commerce ; 
 and ought not to be fuffered. 
 
 XL. That no title of nobility, or hereditary honours, 
 ought to be granted in this ftate. 
 
 XLI. That the fubfifting refolves of this, and the feve- 
 ral Conventions, held for this colony, ought to be in force, as 
 laws, unlefs altered by this Convention, or the Legiflature of 
 ■1 this ftate. 
 
 XLII. That this Declaration of Rights, cr the Form of 
 Government, to be eftablifhed by this Convention, or any 
 part or either of them, ought not to be altered, changed, or 
 abolifhed, by the Legiflature of this ftate, but in fuch man¬ 
 ner as this Convention fhall prefcribe and dired. 
 
 This Declaration of Rights was affented to, and paffed, in 
 Convention of the Delegates of the freemen of Maryland, 
 begun and held at Annapolis, the 14th day of Auguft A. D. 
 
 I *776. 
 
 By order of the Convention, 
 
 MAT. TILGHMAN, Trefident. 
 
148 
 
 CONSTITUTION OF 
 
 THE CONSTITUTION OR FORM OF 
 GOVERNMENT, &c. 
 
 I. That the Legiflature confift of two diftind branches, a 
 Senate and Houfe of Delegates, which (hall be ftyied, The 
 General Affemhly of Maryland. 
 
 II. That the Houfe of Delegates (hall be chofen in the fol¬ 
 lowing manner: All freemen, above twenty-one years of 
 age, having a freehold of fifty acres of land in the county, in 
 which they offer to vote, and reliding therein—and all free¬ 
 men, having property in this date, above the value of thirty 
 pounds current money, and having refided in the county, in 
 which they offer to vote, one whole year next preceding the 
 eledion—fhall have a right of fuffrage, in the eledion of 
 Delegates for fuch county : and all freemen fo qualified, (hall, 
 on the firft Monday of October, feventeen hundred and feven- 
 ty-feven, and on the fame day in every year thereafter, 
 affemble in the counties, in which they are refpedively qua¬ 
 lified to vote, at the court-houfe in the faid counties ; or at 
 fuch other piace as the Legiflature fhall dired ; and when 
 affembled, they fhall proceed to eled, viva voce, four Dele¬ 
 gates for their refpedive counties, of the moft wife, fenfible, 
 and difereet of the people, refidents in the county, where they 
 are to be chofen, one whole year next preceding the eledion, 
 above twenty-one years of age, and having, in the ftate, real 
 or perfonal property, above the value of five hundred pounds 
 current money ; and upon the final calling of the polls, the 
 four perfons, who fhall appear to have the greateft number of 
 legal votes fhall be declared and returned duly eleded for 
 their refpedive countries. 
 
 III. That the Sheriff of each county, or, in cafe of fick- 
 nefs, his deputy, (fummoning two Juflices of the county, 
 who are required to attend for the preservation of the peace) 
 fhall be the judges of the eledion, and may adjourn from 
 day to day, if neceffary, till the fame be finished, fo that the 
 whole eledion fhall be concluded in four days ; and fhall 
 make his return thereof, under his hand, to the Chancellor 
 of ihis date for the time being. 
 
 IV. That all perfons, qualified by the charter of the city 
 of Annapolis, to vote for burgeffes, fhall, on the fame firft 
 Monday of Odober, feventeen hundred and feventy-feven, 
 and on the fame day in every year for ever thereafter, eled, 
 
MARYLAND. 
 
 *49 
 
 'viva voce, by a majority of votes, two delegates, qualified 
 agreeable to the faid charter ; that the Mayor, Recorder, 
 
 ; and Aldermen, of the faid city, or any three of them, be 
 judges of the eledion, appoint the place in the faid city for 
 holding the fame, and may adjourn from day to day, as af’ore- 
 faid, and fhall make return thereof as aforefaid : but the inha~ 
 bitants of the faid city fhall not be entitled to vote for Dele¬ 
 gates for Anne-Arundel county, unlefs they have a freehold of 
 fifty acres of land in the county diftind from the city. 
 
 V. That all perfons, inhabitants of Baltimore town, and 
 having the fame qualifications, as eledors in the county, fhall, 
 on the fame firft Monday in Odober, feventeen hundred and 
 feventy-feven, and on the fame day in every year forever 
 thereafter, at fuch place in the faid town, as the Judges fhall 
 appoint, eled viva voce> by a majority of votes, two dele¬ 
 gates, qualified as aforefaid : but if the faid inhabitants of 
 the town fhall fo decreafe, as that a number of perfons, hav¬ 
 ing a right of fuffrage therein, fhall have been, for the fpace 
 of feven years fucceflively, lefs than one-half the number of 
 voters in fome one county in this ftate, fuch town fhall 
 thenceforward ceafe to fend two Delegates or Reprefentatives 
 to the Houfe of Delegates, until the faid town fhall have one- 
 half of the number of voters in fome one county in this 
 ftate. 
 
 VI. That the commiflioners of the faid town, or any thre$ 
 
 : or more of them, for the time being, fhall be judges of the 
 i faid eledion, and may adjourn as aforefaid, and fhall make 
 
 return thereof, as aforefaid : but the inhabitants of the faid 
 town fhall not be entitled to vote for, or be elected, Delegates 
 for Baltimore county : neither fhall the inhabitants of Balti¬ 
 more county, out of the limits of Baltimore town, be entitled 
 to vote for, or be eleded, Delegates for the faid town. 
 
 VII. That on refufal, death, difqualification, refignation, 
 or removal out of this ftate, of any Delegate, or on his 
 becoming Governor, or member of the Council, a warrant 
 of eledion fhall iftue by the Speaker, for the election of ano¬ 
 ther in his place ; of which ten days notice, at leaft (exclud¬ 
 ing the day of notice, and the day of eledion) fhall be 
 given. 
 
 VIII. That not lefs than a majority of the Delegates, 
 with their Speaker (to be chofen by them, by ballot) copfti- 
 
 O 
 
CONSTITUTION OF 
 
 150 
 
 tute a Houfe, for the tranfa&ion of any bufinefs, other thaa 
 that of adjourning. 
 
 ' IX. That the Houfe of Delegates fhall judge of the elec¬ 
 tions and qualifications of Delegates. 
 
 X. That the Houfe of Delegates may originate all money 
 bills, propofe bills to the Senate, or receive thofe offered by 
 that body ; and affent, diffent, or propofe amendments; that 
 they may enquire, on the oath of witneffes, into all com¬ 
 plaints, grievances, and offences, as the grand inquefl of this 
 Hate, and may commit any perfon, for any crime, to the pub¬ 
 lic jail, there to remain till he be difcharged by due courfe 
 of law. They may expel any member, for a great mifde- 
 meanor, but not a fecond time for the fame caufe. They may 
 examine and pafs all accounts of the Hate, relating either to 
 the colle&ion or expenditure of the revenue, or appoint audi¬ 
 tors to Hate and adjuft the fame. They may call for all public 
 or official papers and records, and fend forperfons whom they 
 may judge neceffary in the courfe of their enquiries, concern¬ 
 ing affairs relating to the public intereft ; and may direft all 
 office bonds (which fhall be made payable to the Hate) to be 
 fued for any breach of duty. 
 
 XI. That the Senate may be at full and perfeft liberty to 
 exercife their judgment in pafiing laws—and that they may 
 not be compelled by the Houfe of Delegates, either to reject 
 a money bill, which the emergency of affairs may require, or 
 to alfent to fome other aft of legiflation, in their confcience 
 and judgment, injurious to the public welfare—the Houfe of 
 De-legates fhall not, on any occafion, or under any pretence, 
 annex to, or blend with a money bill, any matter, claufe, or 
 thing, not immediately relating to, and neceffary for the 
 impofing, afTeffing, levying, or applying the taxes or fupplies 
 to be raifed for the fupport of government, or the current 
 expenfes of the Hate : and to prevent altercation about fuch 
 bills, it is declared, that no bill, impofing duties or cuftoms 
 for the mere regulation of commerce, or inflicting fines for 
 the reformation of morals, or to enforce the execution of the 
 laws, by which an incidental revenue may a rife, fhall be 
 accounted a money bill : but every bill afleffing, levying or 
 applying taxes or fupplies for the fupport of government, or 
 the current expenfes of the Hate, or appropriating money in 
 the treafury, (hall be deemed a money bill- 
 
MARYLAND, 
 
 151 
 
 XII. That the Houfe of Delegates may punifh, by impri- 
 fonment, any perfon who fhali be guilty of a contempt in 
 their view, by any diforderly or riotous behaviour, or by 
 threats to, or abufe of their members, or by any obftrudion 
 to their proceedings. They may aifo punilh, by imprifon- 
 ment, any perfon, who fhali be guilty of a breach of privi¬ 
 lege, by arrefting on civil procefs, or by affaulting any of 
 their members, during their fitting, or on their way to, or 
 return from the Houfe of Delegates, or by any aftault of, or 
 obftrudion to their officers, in the execution of any' order or 
 procefs, or by aftaulting or obftruding any wifnefs, or any 
 other perfon, attending on, or on their way to, or from the 
 Houfe, or by refcuing any perfon committed by the Houfe : 
 and the Senate may exercife the fame power, in fimilar cafes. 
 
 XIII. That the Treafurers (one for the weftern, and ano¬ 
 ther for the caftern fhore) and the Commiffioners of the Loan 
 Office, may be appointed by the Houfe of Delegates, during 
 their pleafure ; and in cafe of refufa!, death, relignation, dis¬ 
 qualification, or removal out of the ftate, of any of the faid 
 Commiffioners or Treafurers, in the recefs of the General 
 AlTembiy, the Governor, with the advice of the Council, 
 may appoint and commiffion a fit and proper perfon to fuch 
 vacant office, to hold the fame, until the meeting of the next 
 General AlTembiy. 
 
 XIV. That the Senate be chofen in the following manner : 
 All perfons, qualified, as aforefaid, to vote for county Dele¬ 
 gates, fhali, on the fir ft day of September, 1781, and on the 
 fame day in every fifth year for ever thereafter, eled, viva 
 voce, by a majority of votes, two perfons for their refpedire 
 counties (qualified, as aforefaid, to be eleded county Dele¬ 
 gates) to be electors of the Senate: and the Sheriff of each 
 county, or, in cafe of ficknefs, his Deputy (fummoning two 
 Juftices of the county, who are required to attend, for the 
 preservation of the peace,) fhali hold and be judge of the faid 
 eledicn, and make return thereof, as aforefaid. And all per¬ 
 fons qualified as aforefaid, to vote for delegates for the city of 
 Annapolis and Baltimore town, fhali, on the fame fir ft Mon¬ 
 day of September, 1781, and on the fame day in every fifth 
 year forever thereafter, eled, viva voce, by a majority of 
 votes, one perfon for the faid city and town refpedively, 
 qualified as aforefaid, to be eleded a Delegate for the faid 
 
i$2 
 
 CONSTITUTION OF 
 
 city 2nd town refpe&ively ; the faid eleflion to be held in 
 the fame manner, as the election of Delegates for the faid 
 city and town ; the right to ele< 5 l the faid elector, with 
 refpecl to Baltimore town, to continue as long, as the right 
 to elect .Delegates for the faid town, 
 
 XV. That the faid electors of the Senate meet at the city 
 of Annapolis, or fuch other place as (hall be appointed for 
 convening the Legiflature, on the third Monday in Septem¬ 
 ber, 1781, and on the fame day in every fifth year forever 
 thereafter, and they, or any twenty-four of them fo met, 
 fhall proceed to eleft, by ballot, either out of their own body, 
 or the people at large, fit teen Senators (nine of w ? hom to be 
 refidents on the weflern, and fix to be refidents on the eaflern 
 fnore.) men of the mod wifdom, experience and virtue, above 
 twenty-five years of age, refidents of the flate above three 
 whole yeais next preceding the election, and having real 
 and perfcnal property, above the value of one thoufand pound* 
 current money. 
 
 XVI. That the Senators fhall be balloted for, at one and 
 the fame time, and out of the gentlemen refidents of the 
 weflern fnore, who fhall be propofed as Senators, the nine 
 who fhall, on flrikingthe ballots, appear to have the greatefl 
 numbers in their favour, fhall be accordingly declared and 
 returned duly eiedled ; and out of the gentlemen, refidents 
 of the eaflern fhore, who fhall be propofed as Senators, the 
 fix who fhall, on flriking the ballots, appear to have the 
 greatefl number in their favour, fhall be accordingly declared 
 and returned duly elected ; and if two or more, on the fame 
 ihore, fliall have an equal number of ballots in their favour, 
 by which the choice fliall not be determined on the firfl bal¬ 
 lot, then the ele&ors fhall again ballot before they feparate, 
 in which they fhall be confined to the perfons who on the 
 firfl ballot fhall have had an equal number ; and they who 
 fhall have the greatefl number in their favour on the fecond 
 ballot, fhall be accordingly declared and returned duly elefU 
 cd ; and if the whole number fhould not thus be made up, 
 becaufe of an equal number on the fecond ballot flill being in 
 favour of two or more perfons, then the ele&ion fliall be 
 determined by lot, between thofe who have equal numbers; 
 which proceedings of the electors fhall be certified under 
 their hands, and returned to the Chancellor for the time 
 
 being. 
 
MARYLAND. 
 
 XVII. That the electors of Senators {hall judge of the 
 qualifications and elections of members of their body ; and 
 on a contefted eleftion, (hall admit to a feat, as an elector, 
 fuch qualified perfon, as (hall appear to them to have the 
 greateft number of legal votes in his favour. 
 
 XVIII. That the eleftors, immediately on their meeting, 
 and before they proceed to the ele&ion of Senators, take 
 fuch oath of fupport and fidelity to this ftate, as this Con¬ 
 vention or the Legiflature fhall direfl, and alfo an oath, “ to 
 cleD, without favour, affection, partiality, or prejudice, 
 fuch perfons for Senators as they, in their judgment and 
 confidence, believe belt qualified for the office.” 
 
 XIX. That in cafe of refufaJ, death, refignation, disqua¬ 
 lification, or removal out of this ftate, of any Senator, or 
 on his becoming Governor, or a member of the Council, the 
 Senate fhall, immediately thereupon, or at their next meeting 
 thereafter, eleft, by ballot, (in the fame manner as the elec¬ 
 tors are above directed to choofe Senators) another perfon in 
 his place, for the refidue of the faid term of five years. 
 
 XX. That not lefs than a majority of the Senate, with 
 their Prefident, (to be chofien by them, by ballot) fhall con- 
 ftitute a Houfe, for the tranfatting any bufinefs, other than 
 that of adjourning. 
 
 XXI. That the Senate fhall judge of the ele&ions and 
 qualifications of Senators* 
 
 XXII. That the Senate may originate any other, except 
 money bills, to which their aifent or diffient only fhall be 
 given ; and may receive any other bids from the Houfe of 
 Delegates, and affent, diffienr, or propofe amendments. 
 
 XXIII. That the General Affiembly meet annually, on 
 the firft Monday of November, and if neceffary, oftener; 
 
 XXIV. That each Houfe fhall appoint its own officers, 
 and fettle its own rules of proceeding. 
 
 XXV. That a perfon of wifdom, experience, and virtue, 
 fhall be chofen Governor, on the fecond Monday of Novem¬ 
 ber, feventeen hundred and feventy-feven, and on the fecond 
 Monday in every year for ever thereafter, by the joint ballot 
 of both Houfes, (to be taken in each Houfe refpetlively) de- 
 pofited in a conference room ; the boxes to be examined by a 
 joint committee of both Houfes, and the numbers feverally 
 reported, that the appointment may be entered ; which mode 
 
 O 2 
 
5 54 
 
 CONSTITUTION OF 
 
 nf taking the joint ballot of both Houfes> fhall be adopted 
 in ail cafes. But if two or more fhall have an equal number 
 of ballots in their favor, by which the choice fhall not be 
 determined on the fir It ballot, then a fecond ballot fhall be 
 taken, which fhall be confined to the pcrfons, who on the 
 firff bailor, fhall have had an equal number 3 and if the bai¬ 
 lors tbould again be equal between two or more per fens, then 
 the eleftion of the Governor fhall be determined by lot, 
 between thofc, who have equal numbers : and if the perfon 
 chofen Governor fhall die, refigs, remove out of the (late, 
 or refufe to aft, (the General Affembly fitting) the Senate 
 and Houfe of Delegates fhall, immediately thereupon, pro¬ 
 ceed to a new choice, in manner aforefaid^ 
 
 XXVI. That the Senators and Delegates, on the fecond 
 Tuefday of November, feventeen hundred and feventy-feven, 
 and annually on the fecond Tuefday of November forever 
 thereafter, eleft by joint ballot (in the fame manner, as Sena¬ 
 tors are direfted to be chofen) five of the rooft fenfible, dif- 
 creet, and experienced men, above twenty-five years of age, 
 refidents in the flate above three years next preceding the 
 election, and having therein a freehold of lands and tenements, 
 above the value of one thoufand pounds current money, to be 
 the Council to the Governor, whole proceedings fhall b« 
 always entered on record, to any part whereof any member 
 may enter his diffent, and their advice, if fo required by the 
 Governor, or any member of the Council, fhall be given in 
 writing, and figned by the members giving the fame refpec- 
 tively : which proceedings of the Council fhall be laid be* 
 fore the Senate or Houfe of Delegates, when called for by 
 them, or either of them. The Council may appoint their 
 own Clerk, who fhall take fuch oath of fupport and fidelity, 
 to this llate, as this Convention, or the Legiflature, fhall 
 direft ; and of fecrecy, in fuch matters, as he (hall be direfted 
 by the board to keep fecret. 
 
 XXVII. That the Delegates to Congrefs, from this Hate, 
 fit ail be chofen annually, or fuperfeded in the mean time, by 
 the joint ballot of both Houfes cf AiTeinbly ; and that there be 
 a rotation, in fuch manner, that at lead two of the number be 
 annually changed; and no perfon fhall be capable of being a 
 Delegate to Congrefs for more than three in any term of fix 
 years j and no perfon, who holds any office of profit in the 
 
MARYLAND. 
 
 Hi 
 
 gift of Congrefs, fhall be eligible to fit in Corgrefs : but if 
 appointed to any fuch office, his feat fhall be thereby vacated. 
 That no perfon, unlefs above twenty-one years of age, and 
 a refident in the flate more than five years next preceding 
 the election, and having real and perfonal eftate in this flate, 
 above the value of one thoufand pounds current money, fhall 
 be eligible to fit in Congrefs. 
 
 XXVIII. That the Senators and Delegates, immediately 
 on their annual meeting, and before they proceed to any bu» 
 finefs, and every perfon, hereafter elefted a Senator or Dele¬ 
 gate before he a<fls as fuch—fhall take an oath of fupport and 
 fidelity to this flate, as aforefaid ; and before the election of 
 a Governor, or Members of the Council, fhall take an oath, 
 i( to eleT without favour, affedion, partiality, or prejudice, 
 fuch perfon as Governor, or Member of the Council, as they, 
 in their judgment and confidence, believe bell qualified for 
 the office. 5 ' 
 
 XXIX. That the Senate and Delegates may adjourn them- 
 felves refpedively : but if the two Houfes lhould not agree on 
 the fame time, but adjourn to different days, then fhall the 
 Governor appoint and notify one of thofe days, or fome day 
 between ; and the Affcmbly fhall then meet and be held ac¬ 
 cordingly : and he fhall, if neceffary, by advice of the Council, 
 call them before the time, to which they fhall in any manner 
 be adjourned, on giving not lefs than ten days notice thereof: 
 but the Governor lhali not adjourn the Affembly, otherwife 
 than as aforefaid, nor prorogue or diffolve it at any time. 
 
 XXX* That no perfon, unlefs above twenty-five years of 
 age, a refident in this flate above five years next preceding the 
 election—and having in the flate real and perfonal property, 
 above the value of live thoufand pounds current money, (one 
 thoufand pounds whereof, at leafl, to be freehold ellate) fhall 
 be eligible as Governor. 
 
 XXXI. That the Governor fhall not continue in that of¬ 
 fice, longer than three years fucceffively, nor be eligible as 
 Governor, until the expiration of four years, after he fhall 
 have been out of that office. 
 
 XXXII. That upon the death, refignation, or removal 
 out of this flate, of the Governor, the firll named of the 
 Council, for the time being, fhall ad as Governor, and qua¬ 
 lify in the fame manner, and fhall immediately call a meeting 
 
CONSTITUTION OF 
 
 f 5 6 
 
 of the General Aftfembly, giving not lefs than fourteen days 
 notice of the meeting, at which meeting, a Governor (hall 
 be appointed, in manner aforefaid, for the refidue of the year. 
 
 XXXIII. That the Governor, by and with the advice and 
 confent of the Council, may embody the militia; and, when 
 embodied, fhall alone have the direction thereof; and Ihall 
 alfo have the direction of all the regular land and fea forces, 
 under the laws of this ftate, (but he fhall not command in 
 perfon, uniefs advifed thereto by the Council, and then on¬ 
 ly fo long, as they (hall approve thereof;) and may alone 
 exercife all other the executive powers of government, where 
 the concurrence of the Council is not required, according to 
 the laws of this ftate, and grant reprieves or pardons, for any 
 crime, except in fuch cafes where the law Ihall otherwife 
 direCt : and may, during the recefs of the General Aftfembly, 
 lay embargoes, to prevent the departure of any fhipping, or 
 the exportation of any commodities, for any time not exceed¬ 
 ing thirty days in any one year—fummoning the General Af- 
 fembly to meet within the time of the continuance of fuch 
 embargo : and may alfo order and compel any veffel to ride 
 quarantine, if fuch veftTel, or the port from which fhe may 
 have come, fhall, on ftrong grounds, be fufpefted to be in¬ 
 fected with the plague : but the Governor fhall not, under 
 any pretence, exercife any power or prerogative, by virtue 
 of any law, ftatute, or cuftom of England or Great Britain. 
 
 XXXIV. That the Members of the Council, or any three 
 or more of them, when convened, fhall conflitute a board, 
 for the tranfadting of bufinefs ; that the Governor, for the 
 time being, Ihall prefide in the Council, and be entitled to a 
 vote, on all queftions, in which the Council fhall be divid¬ 
 ed in opinion : and, in the abfence of the Governor, the ftril 
 named of the Council Ihall prefide ; and, as fuch, (hall alfo 
 vote, in all cafes, where the other Members difagree in their 
 opinion. 
 
 XXXV. That, in cafe of refufal, death, refignation, dis¬ 
 qualification, or removal cut of the ftate, of any perfon cho- 
 fen a Member of the Council, the Members thereof, immedi¬ 
 ately thereupon, or at their next meeting thereafter, fhall 
 cledt by ballot, another perfon (qualified as aforefaid) in his 
 place, for the refidue of the year. 
 
 XXXVI. That the Council (hall have power to make the 
 
MARYLAND. 
 
 *57 
 
 great Teal of this Hate, which fhall be kept by the Chancellor 
 for the time being, and affixed to all laws, cornmiffions, grants, 
 and other public teftimonials, as has been heretofore prac- 
 tifed in this date. 
 
 XXXVII. That no Senator, Delegate of AiTembly, or 
 Member of the Council, if he {hall qualify as fuch, {hall hold 
 or execute any office of profit, or receive the profits of any of¬ 
 fice exercifed by any other perfcn, during the time, for which 
 he (hall be eleded ; nor fhall any Governor be capable of 
 holding any other office of profit in this Hate, while he ads as 
 fuch. And no perfon, holding a place of profit or receiving 
 any part of the profits thereof, or receiving the profits or any 
 part of the profits arifing on any agency, for the fupply of 
 cloathing or provifions for the army or navy, or holding any 
 office under the United States, or any of them—or a mini- 
 fter, or preacher of the gofpel, of any denomination—or any 
 perfon employed in the regular land fervice, or marine, of this 
 or the United States—{hail have a feat in the General Affiem- 
 bly, or the Council of this Hate,, 
 
 XXXVIII, That every Governor, Senator, Delegate to 
 Congrefs, or AiTembly, and Member of the Council, before 
 he ads as fuch, fhall take an oath, u that he will not receive, 
 diredly or indiredly, at any time, any part of the profits of 
 any office, held by any other perfon, during his ading in hia 
 office of Governor, Senator, Delegate to Congrefs, or Afiem- 
 bly, or Member of the Council, or the profits, or any part of 
 the profits, arifing on any agency, for the fupply of cloathing 
 ,or provifions for the army or navy. 5 ' 
 
 XXXIX. That if any Senator, Delegate to Congrefs or 
 Afl'embly, or Member of the Council, {hall hold or execute 
 any office of profit, or receive diredly or indiredly, at any 
 time, the profits or any part of the profits, of any office exer¬ 
 cifed by any other perfon, during his ading as Senator, De¬ 
 legate to Congrefs or AiTembly, or Member of the Council—• 
 his feat (on convidion, in a court of law, by the oath of 
 two credible witnefies) {hall be void ; and he fhall fuffer the 
 punifhment of wilful and corrupt perjury, or be banifned this 
 Hate forever, or difqualified forever from holding any office 
 or place of trull or profit, as the court may judge. 
 
 XL. That the Chancellor, all Judges, the Attorney Ge¬ 
 neral, Clerks of the General Court, the Clerks of the County 
 
CONSTITUTION OF 
 
 Courts, the Regifters of the Land Office, and the Regifters of 
 Wills, (hall hold their commiffions during good behaviour, 
 removable only for mifb^haviour, on conviction in a court 
 cf law. 
 
 XLI. That there be a Regifter of Wills appointed for 
 each county, who (hall be commiffioned by the Governor, 
 on the joint recommendation of the Senate and Houfe of De¬ 
 legates ; and that upon the death, refignation, difqualifica- 
 tion, or removal out of the county, of any Regifter of Wills, 
 in the recefs of the General Affembly, the Governor, with 
 the advice of the Council, may appoint and commiffion, a 
 fit and proper perfon to fuch vacant office, to hold the fame, 
 until the meeting of the General Affembly. 
 
 XLII. That Sheriffs fhall be elected in each county, by 
 ballot, every third year; that is to fay, two perfons for the 
 office of Sheriff for each county, the one of whom having the 
 majority of votes, or if both have an equal number, either 
 of them, at the d'Tcretion of the Governor, robe commiffion- 
 cd by the Governor for the faid office ; and having ferved 
 for three years, fuch perfon fhall be ineligible for the four 
 years next fucceeding ; bond with fecurity to be taken every 
 year, as ufual ; snd no Sheriff fhall be qualified to ad, be¬ 
 fore the fame is given. In cafe of death, refufal, iefignation, 
 difqualification, or removal out of the county, before the ex¬ 
 piration of the three years, the other perfon, chofen as afore- 
 faid, fhall be commiffioned by the Governor, to execute the 
 faid office, for the refidue of the faid three years, the faid 
 perfon giving bond and fecurity as aforefaid ; and in cafe 
 of his death, refufal, refignation, difqualification, or removal 
 out of the county, before the expiration of the faid three 
 years, the Governor, with the advice of the Council, may 
 nominate and commiffion a fit and proper perfon, to execute 
 the faid office for the refidue of the faid three years, the 
 faid perfon giving bond and fecurity as aforefaid. The elec¬ 
 tion fhall be held, at the fame time and place, appoint¬ 
 ed for the election of Delegates ; and the Juftices, there 
 fumraoned to attend, for the prefervation of the peace, 
 fhall be judges thereof, and of the qualification of candi¬ 
 dates, who fhall appoint a clerk to take the ballots. All 
 freemen, above the age of twenty-one years, having a free¬ 
 hold of fifty acres of land, in the county, in which they 
 
MARYLAND, 
 
 15 $ 
 
 offer to ballot, and refilling therein—and all freemen above 
 the age of twenty-one years, and having property in the ftate 
 above the value of thirty pounds current money, and having 
 refided in the county, in which they offer to balior, one whole 
 year next preceding the election—fhall have a right of fuf- 
 frage. No perfon to be eligible to the office of Sheriff for 
 a county, but an inhabitant of the faid county, above the 
 age of twenty-one years, and having real and perfonal pro¬ 
 perty in the ftate, above the value of one thoufand pounds 
 current money. The Juftices aforefaid, fhall examine the 
 ballots ; and the two candidates properly qualified, having 
 in each county the majority of legal ballots, fhall be declared 
 duly elected for the office of Sheriff for fuch county, and 
 returned to the Governor and Council, with a certificate of 
 the number of ballots for each of them. 
 
 XLIII. That every perfon, who fhall offer to vote for 
 Delegates, or for the eleftion of the Senate, or for the Sheriff, 
 fhall, (if required by any three perfons qualified to vote) 
 before he be admitted to poll, take fuch oath or affirmation 
 of fupport and fidelity to this ftate, as this Convention, or 
 the Legiflature, fhall direft. 
 
 XLIV. That a Juftice of the Peace may be eligible as 
 a Senator, Delegate, or member of the Council, and may 
 continue to a<ft, as a Juftice of the Peace. 
 
 XLV. That no field officer of the militia be eligible as a 
 Senator, Delegate, or member of the Council. 
 
 XLVI. That all civil officers, hereafter to be appointed 
 for the feveral counties of this ftate, fhall have been refi- 
 dents of the county, refpeftively, for which they fhall be 
 appointed, fix months next before their appointment ; and 
 fhall continue refidents of their county, refpedively, during 
 their continuance in office. 
 
 XLVII. That the Judges of the General Court, and 
 Juftices of the County Courts, may appoint the clerks of their 
 refpedlive courts ; and in cafe of refuf.d, death, refignation, 
 difqualificaticn, or removal out of the ftate, or from their 
 refpe&ive fhores, of the clerks of the General Court or 
 either of them, in the vacation of the faid court—and in 
 cafe of the refufal, death, resignation, diiqualification, or 
 removal out of the county, of any of the faid county clerks, 
 in the vacation of the County Court, of which he is clerk—- 
 
CONSTITUTION OF 
 
 160 
 
 the Governor, with the advice of the Council, may appoint 
 and commiffion a fit and proper perfon to fuch vacant office 
 refpeftirely, to hold the fame until the meeting of the next 
 General Court, or County Court, as the cafe may be. 
 
 XLVIII. That the Governor, for the time being, with 
 the advice and confent of the Council, may appoint the Chan¬ 
 cellor, and all Judges and Juftices, the Attorney-General, 
 Naval Officers, Officers in the regular land and fea fervice. 
 Officers of the Militia, Regifters of the land-office. Sur¬ 
 veyors, and all other civil officers of government, (Afiefifors, 
 Conftables, and Overfeers of the Roads, only excepted) and 
 may alfo fufpend or remove any civil officer, who has not a 
 commiffion, during good behaviour ; and may fufpend any 
 militia officer, for one month : and may alfo fufpend or 
 remove any regular officer in the land or fea fervice : and 
 the Governor may remove or fufpend any militia officer, in 
 purfuance of the judgment of a Court Martial. 
 
 XLIX. That all civil officers of the appointment of the 
 Governor and Council, who do not hold commiffions during 
 good behaviour, (hall be appointed annually in the third 
 week of November. But if any of them (hall be re-appointed, 
 they may continue to aft, without any new commiffion or 
 qualification: and every officer, though not re-appointed, 
 (hall continue to aft, until the perfon who (hall be appointed 
 and commiffioned in his (lead, (hall be qualified. 
 
 L. That the Governor, every member of the Council, and 
 every Judge and Juftice, before they aft as fuch, (hall refpec- 
 tively take an oath, t( That he will not, through favour, 
 affeftion, or partiality, vote for any perfon to office ; and 
 that he will vote for fuch perfon, as, in his judgment aed 
 confcience, he believes moft fit, and bed qualified for the 
 office ; and that he has not made, nor will make, any pro- 
 mife or engagement, to give his vote or intereft in favour of 
 any perfon .** 
 
 LI. That there be two Regifters of the land office, one 
 upon the weftern, and one upon the eaftern (bore ; that fhort 
 extrafts of the grants and certificates of the land, on the 
 weftern and eaftern fhores, refpeftively, be made in feparate 
 books, at the public expenfe, and depofited in the offices of 
 the faid Regifters, in fuch manner, as (hall hereafter be pro¬ 
 vided by the General Aflembly. 
 
na> irormiT 
 
 MARYLAND. 
 
 i6i 
 
 LII. That every Chancellor, Judge, Regifter of Wills, 
 Commiffioner of the Loan Office, Attorney-General, Sheriff, 
 Treafurer, Naval Officer, Regilder of the Land Office, Re- 
 gifter of the Chancery Court, and every Clerk of the Com¬ 
 mon Law Courts, Surveyor, and Auditor of the Publie 
 Accounts, before he ads as fuch, (hall take an oath (( that he 
 will not diredly or indiredly receive any fee or reward, for 
 doing his office of , but what is, or (hall 
 
 be allowed by law ; nor will, diredly or indiredly, receive 
 the profits or any part of the profits of any office, held by any 
 other perfon ; and that he does not hold the fame office in 
 truft, or for the benefit of any other perfon/* 
 
 LIII. That if any Governor, Chancellor, Judge, Regifter' 
 of Wills, Attorney-General, Regifter of the Land Office,, 
 Regifter of the Chancery Court, or any Clerk of the Com¬ 
 mon Law Courts, Treafurer, Naval Officer, Sheriff, Surveyor, 
 or Auditor of Public Accounts, fhali receive diredly or indi- 
 redly, at any time, the profits, or any part of the profits of 
 any office, held by any other perfon, during his ading in the 
 office, to which he is appointed ; his eledion, appointment, 
 and commiffion (on convidion, in a court of law, by oath of 
 two credible witneffes) fhali be void ; and he fhali fuffer the 
 punifhment for wilful and corrupt perjury, or be banifhed this 
 Bate forever, or difqualified forever, from holding any office 
 or place of truft or profit, as the court may adjudge. 
 
 LIV. That if any perfon fhali give any bribe, prefent, 
 or reward, or any promife, or any fecurity for the pay¬ 
 ment or delivery of any money, or any other thing, to ob¬ 
 tain or procure a vote, to be Governor, Senator, Delegate 
 to Congrefs, or Affembly, Member of the Council, or Judge, 
 or to be appointed to any of the faid offices, or to any office 
 
 i of profit or truft, now created or hereafter to be created in 
 this ftate—the perfon giving, and the perfon receiving the 
 fame (on convidion in a court of law) fhali be forever dis¬ 
 qualified to hold any office of truft or profit in this ftate. 
 
 LV. That every perfon, appointed to any office of profit 
 or truft, fhali, before he enters on the execution thereof, take 
 the following oath, to wit, (( I, A. B, do fwear, That 
 I do not hold myfeif bound in allegiance to the King of 
 Great Britain, and that I will be faithful, and bear true 
 
 P 
 
CONSTITUTION OF 
 
 162 
 
 allegiance to the fiate of Maryland ;” and fhall alfo fubfcribe 
 a declaration of his belief in the Chriftian religion. 
 
 LVI. That there be a Court of Appeals, compofed of per- 
 fons of integrity and found judgment in the law, whofe 
 judgment (hall be final and conclufive, in all cafes of appeal, 
 from the General Court, Court of Chancery, and Court of 
 Admiralty : that one perfon of integrity and found J udgment 
 in the law, be appointed Chancellor: that three perfons of 
 integrity and found judgment in the law, be appointed Judges 
 of the court now called the Provincial Court; and that the 
 fame court be hereafter called and known by the name of 
 The General Court ; which court (hall fit on the weftern and 
 eaflern fhores, for tranfadting and determining the bufinefs of 
 the refpeftive fhores, at fuch times and places, as the future 
 Legiflature of this date fhall dire<ft and appoint. 
 
 LVII. That the ftyle of all laws run thus; “ Be it enabled 
 by the General AJfe?nbly of Maryland That all public com- 
 ^millions and grants run thus ; f( The fate of Maryland ',** &c. 
 and -fhall be figned by the Governor, and attefled by the 
 Chancellor, with the feal of the fiate annexed—except mili¬ 
 tary commiffions, which fhall not be attefied by the Chancel¬ 
 lor, or have the feal of the fiate annexed: that all writs 
 fhall run in the fame fiyle, and be attefied, fealed, and figned 
 as ufual. That all indidfments (hall conclude, i( Agabif the 
 ■peace, government, and dignity of the fated* 
 
 LVllI. That all penalties and forfeitures, heretofore going 
 to the king or proprietary, fhall go to the fiate—fare only 
 fuch, as the General Aflembly may abolifh or otherwife pro¬ 
 vide for. 
 
 LTX. That this form of government, and the declaratioa 
 of rights, and no part thereof, fhall be altered, changed, or 
 abolilhed, unlefs a bill fo to alter, change, or abolifh the fame, 
 fhall pafs the General Aflembly, and be pubiifhed at lead 
 three months before a new election, and (hall be confirmed by 
 the General Aflembly, after a new eletflion of Delegates, in 
 the firft feflion after fuch new eledlion ; provided that no¬ 
 thing in this form of government, which relates to the eaft- 
 ern fhore particularly, fhall at any time hereafter be altered, 
 unlefs for the alteration and confirmation thereof, at Icafi 
 two-thirds of all the members of each branch of the General 
 Aflembly fhall concur. 
 
MARYLAND. 
 
 i .$3 
 
 LX. That every bill, palled by the General AfTembly, 
 when engrofled, fhall be prefented by the Speaker of the 
 Houfe of Delegates, in the Senate, to the Governor for the 
 time being, who fhall dgn the fame, and thereto affix the 
 great feal, in the prefence of the members of both Houfes : 
 every law (hall be recorded in the General Court Office of the 
 wedern fhore, and in due time printed, published, and certi¬ 
 fied under the great feal to the feveral County Courts, in 
 the fame manner as hath beca heretofore ufed in this 
 date. 
 
 This Form of Government was alien ted to, and palled 
 in Convention of the Delegates of the freemen of 
 Maryland, begun and held at the City of Annapolis, 
 the fourteenth of Augult, A. D. one thoufand feven 
 hundred and feventy-fix. 
 
 By order of the Convention, 
 
 M. TILGHMAN, Frefident . 
 
 Amendments to the foregoing Constitution. 
 
 I ALL thole parts of the condituticn and form of govern¬ 
 ment that prevent a citizen, confcientioufiy fcmpulous of 
 taking an oath in any cafe, and who are permitted by the 
 conllituticn to affirm in certain cafes, from taking a feat in 
 the Legiilature, or from being an elector of the Senate, with¬ 
 out taking an oath of fuppoit to this government, fhall be 
 I repealed ; and hereafter a folemn affirmation, or declaration of 
 Ifupport to this government may be taken, and fhall be re¬ 
 ceived indead of an o. th, by any citizen cliofen a delegate or 
 leleftor of the Senate, confcientioufiy fcrupulous of taking 
 Ian oath in any cafe, and who is permitted by the eonftitution 
 to affirm in certain cafes. Nov. 1788, C. 42, j 2. confirmed 
 I by 1789, C. 1. 
 
 Every perfon being a member of either of the feeds or 
 focieties called Quakers, Menonids, Dunkcrs, or Nicolifes, 
 or new Qjnkers, and who fhall be confcientioufiy {crapu¬ 
 lous of taking an oath on any occalion, being other wife 
 qualified and duly defied a Senator, Delegate, or Eiedor 
 •f the Senate, or being otherwife qualified and duly appoint- 
 
164 
 
 CONSTITUTION OF 
 
 ed or elefted to any office of profit or truft, on making affir¬ 
 mation inftead of taking the feveral oaths appointed by the 
 conftitution and form of government, and the feveral afts of 
 Affembly of this ftate now in force, or that hereafter may be 
 made, fuch perfon may hold and exercife any office of profit 
 or trull to which he may be appointed or elected, and may, 
 by fuch affirmation, qualify himfelf to take a feat in the 
 Legiflature, and to aft therein as a member of the fame in all 
 cafes whatever, or to be an eleftor of the Senate, in as full 
 and ample a manner, as perfons are now competent and qua¬ 
 lified to aft who are not confcientioufly fcrupulous of taking 
 fuch oaths ; and the feveral claufes and feftions of tbeconfti- 
 tution contrary to the prorifions of this aft, fo far as they 
 refpeft either of the fefts or focieties aforefaid, {hall be 
 repealed, on the confirmation hereof,—17^4,0.49, § D 3* 
 confirmed by 1795, C. n. 
 
 That all and every part of the conftitution and form of 1 
 government relating to the judges, time, place, and manner 
 of holding eleftions in the city of Baltimore, and all and 
 every part of the fecond, third, fifth, fourteenth and forty- 
 fecond feftions of the conftitution and form of government 
 of this ftate, which relate to the judges, place, time, and 
 manner of holding the feveral eleftions for delegates, eleftors 
 of the Senate, and Sheriffs of the feveral counties, be and 
 the fame are hereby abrogated, repealed, and annulled, and 
 the famefhall hereafter be regulated by law, Pafled 1798—^ 
 Confirmed 1799. 
 
 V 
 
 fc 
 
 fa 
 
 In 
 
 H 
 
 ( 
 
 —* 
 
 VIRGINIA. 
 
 9 he CONSTITUTION , or Form of Government , agreed H 
 and refoived upon hy the Delegates and Rep refentatives of the 
 feveral Comities and Corporations of Virginia , in a General 
 Convention held at Williamjhurgh , on the 6 th of May , and 
 (ontinued ly adjournments to the §th of Julyy 1776. 
 
 W E, the Delegates and Reprefentatives of the good 
 people of Virginia, do declare the future Form of 
 Government of Virginia to be as fojloweih ; 
 
VIRGINIA. 
 
 1 6 $ 
 
 The Legislative, Executive, and judiciary Departments, 
 hall be fepurute and diftinfl. To that neither exercife the 
 cowers properly belonging to the other ; nor Shall any per- 
 on exercife the powers of more than one of them at the 
 aine time, except that the JuSlicesof the County Courts Shall 
 oe eligible to either Houfe of ASTembly. 
 
 The Legislative Shall be formed of two diftinft branches, 
 .vho, together, Shall be a complete Legislature. They Shall 
 neec once, or oftener, every year, and Shall be called, The 
 General Ajferably of Virginia. One of thefe Shall be called, 
 /he fioufe of Delegates, and conSift of two Reprefentatives, 
 to be chofen for each county, and for the diSIrift of Weft- 
 Auguila, annually, of fuch men as actually reSIde in, and are 
 freeholders of the fame, or duly qualified, according to law, 
 ind alfo of one Delegate or Reprefentative, to be chofen 
 annually for the city of WilliamSburgh, and one for the 
 aorough of Norfolk, and a Reprefeatative for each of fuch 
 other cities and boroughs, as may hereafter be allowed par¬ 
 ticular representation by the Legislature ; but when any city 
 or borough Shall fo decreafe, as that the number of perfons, 
 having right of fuffrage therein, Shall have been, for the 
 pace of feven years fucceffively, lefs than half the number of 
 voters in fome one county in Virginia, fuch city or borough 
 thenceforward Shall ceafe to fend a Delegate or Reprefenta- 
 ive to the ASTembly. 
 
 The other fnall be called The Senate , and confiSl of twenty- 
 our Members, of whom thirteen fnall conftitute a Houfe to 
 uroceed on bufinefs ; for whofe election, the different coun- 
 ies Shall be divided into twenty-four diftrifts ; and each 
 bounty of the refpeflive diftrhfl, at the time of the eleHion 
 of its Delegates, Shall vote for one Senator, who is a&ually a 
 rcSident and freeholder within the diftrid, or duly qualified 
 according to law, and is upwards of twenty-five years of 
 age; and the Sheriffs of each county, within five days at 
 fartheSI, after the laSt county eleftion in the diSlridl, Shall 
 meet at fome convenient place, and from the poll fo taken in 
 their refpedive counties, return, as a Senator, the man who 
 Shall have the ereattfi: number of votes in the whole diStrift. 
 
 O 
 
 To keep up this ASTembly by rotation, the districts Shall be 
 equally divided into four claffes and numbered by lot. At 
 the end of one year, after the general election, the fix lyietn- 
 
 P 2 
 
CONSTITUTION OF 
 
 166 
 
 bcrs, elefted bv the firfl divifion, fliall be difplaced, and the 
 vacancies thereby occafioned, fupplied from iuch clafs or divi- 
 flon, by new election, in the manner aforefaid. This rota¬ 
 tion fliall be applied to each divificn, according to its number, 
 and continued in due order annually. 
 
 The right of fufFrage in the election of Members for both 
 Houfes, fnall remain as exercifed at prefent ; and each Iloufe 
 fhali chcofe its own Speaker, appoint its own officers, fettle 
 its own rules of proceeding, and direft writs of election, for 
 the fupplying intermediate vacancies. 
 
 All laws (hall originate in the Houfe of Delegates, to be 
 approved of or rejected by the Senate, or to be amended, 
 with confent of the Houfe of Delegates ; except money bills, 
 which in no inftance fliall be altered by the Senate, but 
 w holly approved or rejected. 
 
 A Governor, or Chief Magiftrate, fnall be chofen annu- 
 ally by joint ballot of both Houfes (to be taken in each 
 Houfe refpccdively) depofited in the conference room ; the 
 boxes examined jointly by a Committee of each Houfe, and 
 the numbers federally reported to them, that the appoint¬ 
 ments may be entered (which fliall be the mode of taking 
 the joint ballot cf both Houfes in all cafes) who fliall not 
 continue in that office longer than three years fucceflively, 
 nor be eligible, unkl the expiration of four years after he 
 ill all have been out of that office. An adequate, but mode¬ 
 rate falary fhali be fettled on him, during his continuance 
 in office ; and he fliall, with the advice of a Council of irate, 
 cxereife the executive powers of government, according to 
 the laws of this commonwealth; and fhali not, under any 
 pretence, exercife any power or prerogative, by virtue of 
 any law, ilatute or cuilom of England. But he fhali, with 
 the advice of the Council of State, have the power of grant¬ 
 ing reprieves cr pardons, except where the profecution fhali 
 have been carried on by the Houfe of Delegates, or the 'aw 
 fliall otherwife particularly diredt; in which cafes, no re¬ 
 prieve or pardon fhali be granted, but by refoive of the 
 Houfe of Delegates. 
 
 Either Houfe of the General Affiembly may adjourn them- 
 felves refpedti vely. The Governor fliall not prorogue or 
 adjourn the Affiembly, during their fitting, nor diffiolve them 
 at any time; but he fhali, if neceffiary, either by advice ot 
 
VIRGINIA. 
 
 167 
 
 tke Council of State, or on application of a majority of the 
 Houfe of Delegates, call them before the time to which 
 they fhall Hand prorogued or adjourned. 
 
 A Privy Council, or Council of State, confifting of eight 
 members, (hall be chofen by joint ballot of both Houfes of 
 Affembly, either from their own members or the people at 
 large, to afilft in the adminiftratton of government. They 
 fhall annually choofe, out of their own members, a Prefident, 
 who, in cafe of death, inability, or abfence of the Governor 
 from the government, fhall art as Lieutenant-Governor# 
 Four members fhail be fufHcient to art, and their advice 
 and proceedings fhall be entered on record, and figned by 
 the members prefent (to any part whereof, any member may 
 enter his diffent) to be laid before the General Alfembly, 
 when called for by them. This Council may appoint their 
 own Clerk, who fhall have a falary fettled by law, and 
 take an oath of fecrecy, in fuch matters as he fhall be di¬ 
 rected by the board to conceal. A furn of money, appro¬ 
 priated to that purpofe, fhall be divided annually among the 
 members, in proportion to their attendance ; and they fhall 
 be incapable, during their continuance in office, of fitting in 
 cither Houfe of Affembly. Two members fhall be removed, 
 by joint ballot of both Houfes of Affembly, at the end of 
 every three years, and be ineligible for the three next years. 
 Thefe vacancies, as well as tnofe occafioned by death or in¬ 
 capacity, fhall be fupplied by new elections, in the fame 
 manner. 
 
 The Delegates for Virginia to the Continental Congrefs 
 fhall be chofen annually, or fuperfeded in the mean time, 
 by joint ballot of both Houfes of Affembly. 
 
 The prefent militia officers lhall be continued, and vacan¬ 
 cies fupplied by appointment of the Governor, with the 
 advice of the Privy Council, on recommendations from the 
 refpertive County Courts ; but the Governor and Council 
 {hall have a power of fufpending any officer, and ordering a 
 Court Martial, on complaint of mifbehaviour or inability, 
 or to fupply vacancies of officers, happening when in artual 
 fervice. 
 
 The Governor may embody the militia, with the advice 
 vf the Privy Council ; and when embodied, fnall alone have 
 the dirertion of the militia, under the laws of the country. 
 
16 S 
 
 CONSTITUTION OF 
 
 The two Houfes of AfTembly dial!, by joint billot, ap¬ 
 point Judges of the Supreme Court of Appeals, and General 
 Court, judges in Chancery, Judges of Admiralty, Secre¬ 
 tary, and the Attorney General, to be commiffioned by the 
 Governor, and continue in office during good behaviour. In 
 cafe of death, incapacity, cr refignation, the Governor, 
 with the advice of the Privy Council, fhall appoint perfons 
 to fucceed in office, to be approved or difplaced by both 
 Houfes. Thefe officers fhall have fixed and adequate falaries, 
 and, together with all others holding lucrative offices, and 
 all minifters of the gofpel, of every donomination, be inca-> 
 pable of being defied members of either Houfe of AfTembly 
 or the Privy Council. 
 
 The Governor, with the advice of the Privy Council, 
 fhall appoint Juftices of the Peace for the counties ; and in 
 cafe of vacancies, or a neceffity of increafing the number 
 hereafter, fuch appointments to be made upon the recom¬ 
 mendation of the refpeflive County Courts. The prefent 
 afiing Secretary in Virginia, and Clerks of all the County 
 Courts, fhall continue in office. In cafe of vacancies, ei¬ 
 ther by death, incapacity, or refignation, a Secretary fhall 
 be appointed, as before directed ; and the Clerks, by the 
 refpedive Courts. The prefent and future Clerks fhall hold 
 their offices during good behaviour, to be judged of, and 
 determined in the General Court. The Sheriffs and Coroners 
 fhall be nominated by the refpedive Courts, approved by 
 the Governor, with the advice of the Privy Council, and 
 commiffioned by the Governor. The Juftices fhall appoint 
 Gonftables; and all fees of the aforefaid officers be regulated 
 by law. 
 
 The Governor, when he is out of office, and others, of¬ 
 fending againft the ftate, either by mal-adminiftration, cor¬ 
 ruption, or other means, by which the fafety of the ftate 
 may be endangered, fhall be impeachable by the Houfe of 
 Delegates. Such impeachment to be profecuted by the At¬ 
 torney-General, or fuch other perfon or perfons as the Houfe 
 may appoint, in the General Court, according to the laws 
 of the land. If found guilty, he or they fhall be either 
 forever difabled to hold any office under government, or be 
 removed from fuch office pro tempore , or fubjeded to fach 
 pains or penalties, as the laws fhall direcd. 
 
VIRGINIA. 
 
 169 
 
 If all cr any of the Judges of the General Court fhould, 
 on good grounds (to be judged of by the Houfe of Dele¬ 
 gates) be accufed of any of the crimes or offences above men¬ 
 tioned, fuch Houfe of Delegates may, in like manner, im¬ 
 peach the Judge or Judges fo accufed, to be profecuted in 
 the Court of Appeals ; and he or they, if found guilty, 
 fhall be punifhed in the fame manner as is prefcribed in the 
 preceding claufe. 
 
 Commiffions and grants fhall run “ Jn the name of the 
 Commonwealth of Virginia/’ and bear teft by the Governor, 
 with the feal of the commonwealth annexed. Writs {hall 
 run in the fame manner, and bear teft by the Clerks of the 
 feveral courts. Indictments fhall conclude, (i Againjl the 
 -peace and dignity of the commonwealth/’ 
 
 A Treafurer fhall be appointed annually, by joint ballot 
 of both Houfes. 
 
 All efchcats, penalties, and forfeitures, heretofore going 
 to the king, fhall go to the commonwealth, fave only fuch 
 as the Legiflature may abolifh, or otherwife provide for. 
 
 The territories, contained within the charters, ereCting 
 the colonies of Maryland, Permfylvania, North and South- 
 Carol ina, are hereby ceded, releafed, and forever confirmed 
 to the people of thefe colonies refpeclively, with all th* 
 rights of property, jurifdiClion and government, and all 
 other rights whatfoever, which might, at any time hereto, 
 fore, have been claimed by Virginia, except the free navi¬ 
 gation and ufe of the rivers Potomaque and Pokomoke, with 
 the property of the Virginia fhores and ftrands, bordering 
 on cither of the faid rivers, and all improvements, which 
 have been, or fhall be made thereon. The weftern and north¬ 
 ern extent of Virginia fhall, in all other refpeCIs, Hand, as 
 fixed by the charter of king James I. in the year one thou- 
 fand fix hundred and nine, and by the public treaty of peace, 
 between the courts of Britain and France, in the year one 
 thoufand feven hundred and fixty-three ; unlefs by aft of this 
 Legiflature, one or more governments be eftablifhed weft, 
 ward of the Alleghany mountains. And no purchafes of 
 lands fhall be made of the Indian natives, but on behalf of 
 $he public, by authority of the General Affembly* 
 
( > 7 ° ) 
 
 NORTH-CAROLING, 
 
 ! 
 
 The CONSTITUTION, or Form of Government, agreed t» 
 and refolded upon, by the Reprefentat'ives of the Freemen of 
 the ftate of North-Carolina, elelied and chofen for that par¬ 
 ticular purpofe, in Cong refs affc?nbled, at Halifax, Dec . 
 
 18, 1776. 
 
 A DECLARATION OF RIGHTS, &c. 
 
 I. r l^HAT all political power Is veiled in, and derived 
 X from the people only. 
 
 II. That the people of this Hate ought to have the foie 
 and exclufive right of regulating the internal government 
 and police thereof. 
 
 III. That no man, or fet of men, are entitled to exclufive 
 or feparate emoluments or privileges from the community, 
 but in confideration of public fervices. 
 
 IV. That the legiflative, executive, and fupreme judicial 
 powers of government, ought to be forever feparate and dif- 
 tinft from each other. 
 
 V. That all powers of fufpending laws, or the execution 
 of laws, by any authority, without confent of the Repre- 
 fentatives of the people, is injurious to their rights, and 
 ought not to be exercifed. 
 
 VI. That elections of Members, to ferve as Reprefenta- 
 tives in General AfTembly, ought to be free. 
 
 VII. That, in all criminal profecutions, every man hts 
 a right to be informed of the accusation againfi him, ami to 
 confront the accufers and witnefles with other teftimony, and 
 fhall not be compelled to give evidence againfi himfelf. 
 
 VIII. That no freeman fhall be put to anfvver any crimi¬ 
 nal charge, but by indictment, preferment or impeachment. 
 
 IX. That no freeman fhall be convicted of any crime, but 
 by the unanimous verdidt of a jury of good and lawful men, 
 in open court, as heretofore ufed. 
 
 X. That exceffive bail fhould not be required, nor excef- 
 five fines impofed, nor cruel or unufual punifhments infixed. 
 
 XI. That general warrants, whereby an officer or meiTen- 
 ger, may be commanded to fearch fufpefted places, without 
 evidence of the fact committed, or to feize any perfon or 
 perfons, not named, whofe offences are not particularly de- 
 
NORTH-CAROLINA. 
 
 177 
 
 fcribed, and fupported by evidence—are dangerous to liber¬ 
 ty, and ought not to be granted. 
 
 XII. That no freeman ought to be taken, imprifoned, off 
 difteized of his freehold, liberties or privileges, or outlawed, 
 or exiled, or in any manner deftroyed, or deprived of hi* 
 life, liberty, or property, but by the law of the land. • 
 
 XIII. That every freeman, reftrained of his liberty, is 
 entitled to a remedy, to enquire into the lawfulnefs there¬ 
 of, and to remove the fame, if unlawful; and that fuch re¬ 
 medy ought not to be denied or delayed. 
 
 XIV. That in all controverfies at law, refpe&ing proper¬ 
 ty, the ancient mode of trial, by jury, is one of thebeft fe- 
 curities of the rights of the people, and ought to remaiia 
 facred and inviolable. 
 
 XV. That the freedom of the prefs is one of the great 
 bulwarks of liberty, and therefore ought never to be re¬ 
 ftrained. 
 
 XVI. That the people of this ftate ought not to be taxed, 
 or made fubjeft to the payment of any import, or duty, 
 without the confent of themfelves, or their Reprefentativeq 
 in General Aflembly freely given. 
 
 XVII. That the people have a right to bear arms, for the 
 defence of the ftate; and as ftanding armies, in time of 
 peace, are dangerous to liberty, they ought not to be kept 
 lip ; and that the military fhould be kept under rtridt fubor- 
 dination to, and governed by the civil power. 
 
 XVIII. That the people have a right to aflemble toge¬ 
 ther, to confult for their common good, to inftrudt their 
 Reprefentatives, and to apply to the Legiflature for redrefs 
 of grievances. 
 
 XIX. That all men have a natural and unalienable right 
 to worfhip Almighty God, according to the dictates of their 
 own confciences. 
 
 XX. That for redrefs of grievances, and for amending 
 and rtrengthening the laws, elections ought to be often 
 held. 
 
 XXI. That a frequent recurrence to fundamental princi¬ 
 ples is abfolutely neceftary, to preferve the blcllings of 
 liberty. 
 
 XXII. That no hereditary emoluments, privileges, or 
 honours ought to be granted or conferred in this ftate. 
 
17 2 
 
 CONSTITUTION OP 
 
 XXIIT. That perpetuities and monopolies are contrary t* ■ 
 the genius of a free Rate, and ought not to be allowed. 
 
 XXIV. That retrofpe< 5 tive laws, punifhing fads, commit¬ 
 ted before the exiftence of fueh laws, and, by them only, 
 .declared criminal, are oppreflive, unjuft, and incompatible 
 with liberty; wherefore no ex pojl fado law otight to be 
 made. 
 
 XXV. The property of the foil, in a free government, 
 being one of the effential rights of the collective body of the 
 people, it is neceffary, in order to avoid future difputes, that 
 the limits of the Rate fhould be afcertained with precifion ; 
 and as the former temporary line, between North and Southu 
 Carolina, was confirmed, and extended by commiffioners, 
 appointed by the Legiflatures of the two Rates, agreeable to 
 the order of the late king George II. in council, that line, 
 and that only, fhould be efteemed the fouthern boundary of 
 this Rate—that is to fay, beginning on the fea fide, at a 
 cedar Rake, at or near the mouth of Little river, ('being the 
 fouthern extremity of Brunfwic county) and running from 
 thence a north-weft courfe, through the boundary houfe, 
 which Rands in thirty-three degrees fifty-fix minutes, to 
 thirty-five degrees north-latitude ; and from thence a weft 
 courfe fo far as is mentioned in the charter of king Charles 
 II. to the late proprietors of Carolina. Therefore all the 
 territory, feas, waters and harbours, with their appurte¬ 
 nances, lying between the line above defcribed, and the 
 fouthern line of the ftate of Virginia, which begins on the 
 fea-fhore, in thirty-fix degrees, thirty minutes, north lati¬ 
 tude, and from thence runs weft, agreeable to the faid char¬ 
 ter of King Charles, are the right and property of the peo¬ 
 ple of this ftate, to be held by them in fovereignty ; any 
 partial line, without the confent of the Legiflature of this 
 ftate, at any time thereafter direded or laid out, in any wife 
 notwithftanding : Provided, always. That this declaration of 
 right fhall not prejudice any nation or nations of Indians, 
 from enjoying fuch hunting grounds as may have been, or 
 hereafter fhall be, fecured to them, by any former or future 
 Legiflature of this ftate :—And provided aljn, That it fhall 
 not be conftrued, fo as to prevent the eftablifhmenr of one or 
 more governments, weftward of this ftate, by confent of the 
 Legiflature :—And provided further , That nothing herein 
 
NORTH-CAROL INA. 
 
 4 
 
 1 75 
 
 Contained, fiiall affeft the titles or pofieftions of individuals, 
 holding or claiming under the laws heretofore in force, or 
 grants heretofore made by the late king George II. or his 
 predeceffors, or the late lords proprietors, or any of them. 
 
 The Constitution or Form of Government, &c. 
 
 WHEREAS allegiance and protection are, in their nature, 
 reciprocal, and the one, Ihould of right be refufed, when the 
 other is withdrawn : — 
 
 And whereas, George the third, King of Great Britain, 
 and late fovereign of the Britifh American Colonies, hath 
 not only withdrawn from them his protection, but, by an 
 aft of the Britifh Legillature, declared the inhabitants of 
 thefe ftates out of the protection of the Britifh crown, and 
 all their property found upon the high feas, liable to be 
 feized, and confifcated to the ufes mentioned in the faid a£i ; 
 and the faid George the third, has alfo fent fleets and armies, 
 to profecute a cruel war againft them, for the pnrpofe of re¬ 
 ducing the inhabitants of the faid colonies to a hate of abject 
 flavery ; in confequence whereof, all government under the 
 faid king, within the faid colonies, hath ceafed, and a total 
 diflolution of government, in many of them, hath taken 
 place : 
 
 And whereas, the continental Congrefs, having confidered 
 the premifes, and other previous violations of the rights of 
 the good people of America, have therefore declared, that 
 the thirteen United Colonies, are, of right, wholly abfolved 
 from all allegiance to the Britifh crown, or any other foreign 
 jurifdi&ion whatfoever ; and that the faid colonies now are, 
 and forever fhall be, free and independent ftates— 
 
 Wherefore, in our prefent ftate, in order to prevent anar¬ 
 chy and confufion, it becomes neceifary that government 
 fhould be eftabliflied in this ftate ; therefore, We, the Repre- 
 fentatives of the freemen of North-Carolina, chofen and 
 afiembled in Congrefs, for the exprefs purpofe of framing a 
 conftitution, under the authority of the people, moft condu¬ 
 cive to their happinefs and profperity, do declare, that a go- 
 
 CL 
 
*74 
 
 CONSTITUTION OF 
 
 vernment for this flate, fhall be eflablifhed, in manner and 
 form following, to wit, 
 
 I. That the legillative authority fhall be veiled in two 
 dilrinft branches, both dependent on the people, to wit, a 
 Senate and Iioufe of Commons. 
 
 II. That the Senate fhall be compofed of Reprefentatives, 
 annually chofen by ballot, one for each countiy in the flate. 
 
 III. That the Houfe of Commons fhall be compofed of 
 Reprefentatives annually chofen by ballot, two for each 
 county, and one for each of the towns of Edenton, 
 Newbern, Wilmington, Salifbury, Hillfborough, and Halifax. 
 
 IV. That the Senate and Houfe of Commons, affembled for 
 the purpofe of legiflation, fhall be denominated. The General 
 Jjfembly. 
 
 V. That each member of the Senate fhall have ufually 
 refided in the county, in which he is chofen, for one year, 
 immediately preceding his election, and for the fame time 
 fhall have podefied, and continue to poffefs, in the county 
 which he reprefents, not lefs than three hundred acres of 
 land in fee. 
 
 VI. That each member of the Houfe of Commons fhall 
 have ufually relided in the county, in which he is chofen, 
 for one year immediately preceding his election, and for fix 
 months fhall have pofleffed, and continue to poffefs, in the 
 county which he reprefents, not lefs than one hundred acres 
 of land in fee, or for the term of his own life. 
 
 VII. That all freemen, of the age of twenty-one years, 
 who have been inhabitants of any one county within the 
 date twelve months, immediately preceding the day of 
 ■any election, and pofleffed of a freehold, within the fame 
 county, of fifty acres of land, for fix months next before, 
 and at the day of election, fhall be entitled to vote for a 
 member of the Senate. 
 
 VIII. That all freemen of the age of twenty-one years, 
 who have been inhabitants of any one county within the 
 flate, twelve months immediately preceding the day of any 
 election, and fhall have paid public taxes, fhall be entitled to 
 vote for members of the Houfe of Commons, for the county, 
 in which lie refides. 
 
 IX. That all pet fens, pofleffed of a freehold, in any town 
 in. this flate, having a right'of rep refer, tation, and alfo all 
 
NORTH-CAROLINA. 
 
 ns , 
 
 freemen, who have been inhabitants of any fuch town twelve 
 months next before, and at the day of ele&ion, and (hall have, 
 paid public taxes, fhall be entitled to vote for a member to 
 reprefent fuch town in the Houfe of Commons :—Provided 
 always, that this fection fhall not entitle any inhabitant cf 
 fuch town to vote for members of the Houfe of Commons, 
 for the county, in which he may refide, nor any freeholder in 
 fuch county, who refides without or beyond the limits of 
 fuch town, to vote for a member for faid town. 
 
 X. That the Senate and Houfe of Commons, when met, 
 fhall each have power to choofe a Speaker, and other their 
 officers ; be judges of the qualifications and elections of their 
 members ; fit upon their own adjournments from day today ; 
 and prepare bills, to be paffed into laws. The two Houfes 
 fhall direft writs of election, for fupplying intermediate va¬ 
 cancies ; and fhall alfo jointly, by ballot, adjourn themfelves 
 to any future day and place. 
 
 1 XT. That all bills fhall be read three times in each Houfe, 
 before they pafs into laws, and be figned by the Speakers of 
 both Houfes. 
 
 XII. That every perfon, who fhall be chofen a member 
 of the Senate or Houfe of Commons, or appointed to any 
 office or place of trull, before taking his feat, or entering 
 upon the execution of his office, fhall take an oath to the 
 Hate; and all officers fhall alfo take an oath of office. 
 
 XIII. That the General Affembly fhall, by joint ballot of 
 both Houfes, appoint Judges of the Supreme Courts of law 
 and equity, Judges of Admiralty, and Attorney-General, 
 who ill a 11 be comrniffioned by the Governor, and hold their 
 offices during good behaviour. 
 
 XIV. That the Senate and Houfe of Commons, fhall have 
 power to appoint the generals and field officers of the militia, 
 and all officers of the regular army of this ftate. 
 
 XV. That the Senate and Houfe of Commons, jointly, at 
 their firft meeting after each annual eledion, fhall by ballot, 
 eled a Governor for one year, who fhall not be eligible to 
 that office, longer than three years, in fix fucceffive years. 
 
 1 hat no perfon, under thirty years of age, and who has 
 not been a relident in this ftate above five years, and hav¬ 
 ing, in the ftate, a freehold in lands and tenements, above 
 the value of one thoufand pounds, fhall be eligible as a 
 Governor* 
 
CONSTITUTION OF 
 
 *76 
 
 XVI, That the Senate and Houfe of Commons, jointly* 
 at their firft meeting, after each annual election, fhall, by 
 ballot, eled feven perfons, to be a Council of State for one 
 year ; who fhall advife the Governor in the execution of his 
 office ; and that four members fhall be a quorum ; their ad¬ 
 vice and proceedings fhall be entered in a journal, to be kept 
 for that purpofe only, and figned by the members prefent ; to 
 any part of which, any member prefent may enter his diffent. 
 And fuch journal fhall be laid before the General AfTembly 
 when called for by them. 
 
 XVII. That there (hall be a feal of this date, which fhall 
 be kept by the Governor, and ufed by him, as occafion may 
 require ; and fliall be called, The Great Seal of the State of 
 Noith-Carollna , and be affixed to all grants and commif- 
 iions. 
 
 XVIII. The Governor, for the time being, fhall be Cap¬ 
 tain General, and Commander in Chief of the militia ; and, 
 in the recefs of the General Affiembly, fnall have power, by 
 and with the advice of the Council of State, to embody the 
 militia, for the public fafety. 
 
 XIX. The Governor, for the time being, fhall have power 
 to draw for, and apply fuch fums of money, as fliall be voted 
 by the General Affiembly, for the contingencies of government, 
 and be accountable to them for the fame. He alfo may, by 
 and with the advice of the Council of State, lay embargoes, 
 or prohibit the exportation of any commodity, for any term 
 not exceeding thirty days, at any one time in the recefs of 
 the General Affiembly ; and fliall have the power of granting 
 pardons and reprieves, except where the profecution fhall be 
 carried on by the General Affiembly, or the law fhall other- 
 wife direct ; in which cafe, he may, in the recefs, grant a 
 reprieve until the next fitting of the General Affiembly ; and 
 may exercife all the other executive powers of government, 
 jiinited and reftrained, as by this conftitution is mentioned, 
 and according to the laws of the ffiate. And on his death, ina¬ 
 bility, or abfence from the fiate, the Speaker of the Senate, 
 for the time being, (and in cafe of his death, inability, or 
 abiVnce from the (late, the Speaker of the Houfe of Commons) 
 fhall exercife the powers of government, after fuch death, or 
 during fuch abfence or inability of the Governor, (or Speaker 
 of the Senate) or until a new nomination is made by the 
 General Affiembly, 
 
NORTH-CAROLINA. 
 
 *77: 
 
 XX. That in every cafe, where any officer, the right of 
 whole appointment is, by this conftitution, veiled in the 
 General Affembly, fhall, during their recefs, die, or his of¬ 
 fice by other means become vacant, the Governor fhall have 
 power, with the advice of the Council of State, to fill up 
 fuch vacancy, by granting a temporary commiffion, which 
 fhall expire at the end of the next feffion of the General 
 Affembly. 
 
 XXI. That the Governor, Judges of the Supreme Court 
 of Law and Equity, Judges ot Admiralty, and Attorney- 
 General, fnall have adequate falaries, during their continu¬ 
 ance in office. 
 
 XXII. That the General AiTemblv fhall, by joint ballot, 
 of both Houfes, annually appoint a Treafurer or Treafurers, 
 for this flate. 
 
 XXIII. That the Governor, and other officers, offending 
 againft the ftate, by violating any part of this conflitution, 
 mal-adminiftration, or corruption, may be profecuted, on the 
 
 I impeachment of the General Alfembly, or prefentment of 
 the Grand Jury of any Court of Supreme Jurifdffition in this 
 | ftate. 
 
 XXIV. That the General Affembly fhall, by joint bal¬ 
 lot of both Houfes, triennially appoint a Secretary, for this 
 ftate. 
 
 XXV. That no perfons, who heretofore have been, or 
 hereafter may be, receivers of public monies, fhall have a 
 feat in either Hotife of General Affembly, or be eligible to 
 any office in this ftate until fuch perfon fhall have fully 
 accounted for, and paid into the Treafury, all fums, for which 
 they may be accountable and liable. 
 
 XXVI. That no Treafurer fhall have a feat, either in the 
 Senate, Houfe of Commons, or Council of State, during his 
 continuance in that office, or before he fhall have finally fet¬ 
 tled his accounts with the public, for all the monies, which 
 may be in his hands, at the expiration of his office, belong¬ 
 ing to the ftate, and hath paid the fame into the hands of the 
 fucceeding Treafurer. 
 
 XXVII. That no officer in the regular army or navy, in 
 the fervice and pay of the United States, of this or any other 
 ftate, nor any contractor or agent for fupplying fuch army or 
 iuvy with cloathing or provifions, fhall have a feat either 
 
 Q-2 
 
CONSTITUTION Of 
 
 178 
 
 in the Senate, Houfe of Commons, or Council of State, or 
 be eligible thereto ; and any member of the Senate, Houfe of 
 Commons, or Council of State, being appointed to, and ac¬ 
 cepting of, fuch office, fhall thereby vacate his feat. 
 
 XXVIII. That no member of the Council of State fhall 
 have a feat, either in the Senate or Houfe of Commons. 
 
 XXIX. That no Judge of the Supreme Court of Law or 
 Equity, or Judge of Admiralty, fhall have a feat in the Senate, 
 Houfe of Commons, or Council of State. 
 
 XXX. That no Secretary of this flate, Attorney-General 
 or Clerk of any Court of Record, fliall have a feat in the 
 Senate, Houfe of Commons, or Council of State. 
 
 XXXI. That no clergyman, cr preacher of the gofpel, 
 of any denomination, fliall be capable of being a member 
 of either the Senate, Houfe of Commons, or Council of State, 
 while he continues in the exercife of the pafioral function. 
 
 XXXII. That no perfon, who fhall deny the being of 
 God, or the truth of the Frcteftant religion, or the divine 
 authority either of the Old or New Teflaments, or who fhall 
 held religious principles incompatible with the freedom and 
 faiety of the ftate, fhall be capable of holding any office, 
 or pmee of trull or profit, in the civil department, with¬ 
 in this flate. 
 
 XXXIII. That the Juflices of the Peace, within their 
 refpeftive counties in this flate, fhall in future be recom¬ 
 mended to the Governor for the time being, by the Repre- 
 fentatives in General AfTembly ; and the Governor fhall 
 commiffion them accordingly : and the Juftices when fo 
 cemmiffioned, fhali hold their offices during good behaviour, 
 and fhall not be removed from office by the General AfTembly ; 
 unlefs for mifbehaviour, abfence, Gr inability, 
 
 XXXIV. That there fhall be no eflablifhment of any one 
 religious church or denomination in this- flate, in preference 
 to any other; neither fnall any perfon, on any pretence 
 whatfoever, be compelled to attend any place of werfhip 
 contrary to his own faith or judgment, nor be obliged to pay, 
 for the purchafe of any glebe, or the building of any houfe 
 of worfhip, or for the maintenance of any minifler or rninif- 
 try, contrary to what he believes right, or has voluntarily 
 and perfonaliy engaged to perform ; but all perfons fhall be 
 at liberty to exercife their own mode of worfhip : Provided) 
 
NORTH-CAROLINA. 
 
 179 
 
 That nothing herein contained fhall be conftrued to exempt 
 preachers of trealonabie or feditious difeourfes, from legal 
 trial and punifhment. 
 
 XXXV. That no perfon in the ftate fliall hold more than 
 one lucrative office, at any onetime : Provided, that no appoint¬ 
 ment in the militia, or the office of a Juitice of the Peace, 
 fhall be conlidered as a lucrative office. 
 
 XXXVI. That all commiffions and grants fhall run in the 
 name of the ftate of North-Carolina, and bear tefl, and be 
 figned by the Governor. All writs ihall run in the fame 
 manner, and bear tefl, and be figned by the Clerks of the 
 refpedive courts. Indictments ihall conclude, Agaivfi the 
 peace and dignity of the fate, 
 
 XXXVII. That the Delegates for this ftate, to the Con- 
 lir ental Congrefs while neceifary, fhall be chofen annually 
 the General Affembly, by ballot; but may be fuperfeded, 
 in the mean time, in the fame manner ; and no perfon fhall 
 be elected, to ferve in that capacity, for more than three 
 years fucceffively. 
 
 XXXVIII. That there fliall be a Sheriff, Coroner or Co¬ 
 roners, and Conftables, in each county within this ftate. 
 
 XXXIX. That the perfon of a debtor, where there is 
 not a ftrong prefumption of fraud, fhall not be continued in 
 prifon, after delivering up bona fide , all his eftate real and 
 perfonal, for the ufe of his creditors, in fuch manner as fhall 
 be hereafter regulated by law. All prifoners fhall be baila¬ 
 ble by fufficient fureties, unlefs for capital offences, when 
 the proof is evident, or the prefumption great. 
 
 XL. That every foreigner, who comes to fettle in this 
 ftate, having firit taken an oath of allegiance to the fame, 
 may purchafe, or, by other juft means, acquire, hold, and 
 transfer land, or other real eftate ; and after one year’s re- 
 fidence, fhall be deemed a free citizen. 
 
 XLI. That a fchool or fchools Ihall be eftablifhed by the 
 Legiflature, for the convenient inftrudfion of youth, with 
 fuch falaries to the matters, paid by the public, as may ena¬ 
 ble them to inftrudt at low prices ; and all ufeful learning 
 fhall be duly encouraged and promoted, in one or more uni- 
 verfities. 
 
 XL1I. That no purchafe of lands fhall be made of the 
 Indian natives, but on behalf of the public, by authority of 
 the General Affembly. 
 
CONSTITUTION OF 
 
 i So 
 
 XLIII. That the future Legislature of this flate Shall re¬ 
 gulate entails, in fuch a manner as to prevent perpetuities. 
 
 XLIV. That the declaration of rights is hereby declared 
 to be part of the constitution of this date, and ought never 
 to be violated, on any pretence whatfoever. 
 
 XLV. That anv member of either Houfe of General Af- 
 fembly fhall have liberty to diffent from, and protefl againft 
 any ad or refolve, which he may think injurious to the pub¬ 
 lic, or any individual, and have the reafons of his diffent 
 entered on the journals. 
 
 XLVI. That neither Houfe cf the General AfTembly 
 fhall proceed upon public bufmefs, unlefs a majority of all 
 the Members of fuch Houfe ate adually prefent: and that, 
 upon a motion made and feconded, the yeas and nays, upon 
 any queftion, fhall be taken and entered on the journals: and 
 that the journals of the proceedings of both Houfes of the 
 General AfTembly fhall be printed, and made public, immedi¬ 
 ately after their adjournment. 
 
 This conftitution is not intended to preclude the prefent 
 Congrefs from making a temporary provifion, for the well 
 ordering of this ftate, until the General AfTembly fhall efta- 
 blifh government, agreeable to the mode herein before de¬ 
 scribed. 
 
 RICHARD CASWELL, Prefident. 
 
 December the eighteenth, one thoufand feven hundred and 
 feventy-fix, read the third time, and ratified in open 
 Congrefs. 
 
 By order, 
 
 James Green, Jun. Secretary * 
 
 SOUTH-CAROLINA. 
 
 The CONS TITUTION of the State of South. Carolina, 
 
 W E, the Delegates of the people of the ftate of South- 
 Carolina in General Convention met, do ordain and 
 efiablifh this conflitution for its government. 
 
SOUTH-C AROLIN A. 131 
 
 ARTICLE I. 
 
 Section I. The legiflative authority of this fcate fhall 
 be vetted in a General Affembly, which fiiall confift of a 
 Senate and Houfe of Reprefentatives, 
 
 II. The Houfe of Reprefentatives (hall be compofed of 
 members, chofen by ballot, every fecond year, by the citi¬ 
 zens of this ftate, qualified, as in this conftitution is pro¬ 
 vided. 
 
 III. The feveral eledion dittridls, in this ttate, fhall ele<ffc 
 the following number for Reprefentatives, viz. 
 
 Charletton, (including St. 1 
 Philip and St. Michael) J 
 
 Fifteen Members 
 
 Chritt Church, 
 
 Three Members 
 
 St. John, Berkley, 
 
 Three Members 
 
 St. Andrew, 
 
 Three Members 
 
 St. George, Dorchetter, 
 
 Three Members 
 
 St. James, Goofe Creek, 
 
 Three Members 
 
 St. Thomas and St. Dennis, 
 
 Three Members 
 
 St. Paul, 
 
 Three Members 
 
 St. Bartholomew, 
 
 Three Members 
 
 St. James, Santee, 
 
 Three Members 
 
 St. John, Colleton, 
 
 Three Members 
 
 St. Stephen, 
 
 Three Members 
 
 St. Helena, 
 
 Three Members 
 
 St. Luke, 
 
 Three Members 
 
 Prince William, 
 
 Three Members 
 
 St. Peter, 
 
 Three Members 
 
 All Saints, (including its ancient 1 
 boundaries,) j 
 
 One Member 
 
 Winy aw, (not including any part 1 
 of All Saints) J 
 
 j> Three Members 
 
 Kingfton, (not including any part J 
 of All Saints) J 
 
 j> Two Members 
 
 Williamfburgh, 
 
 Two Members 
 
 Liberty, 
 
 Two Members 
 
 Marlborough, 
 
 Two Members 
 
 Cheflerfield, 
 
 Two Members 
 
 Darlington, 
 
 Two Members 
 
 York, 
 
 Three Members 
 
 Chefter, 
 
 Two Members 
 
 Fairfield, 
 
 Two Members 
 
i$2 CONSTITUTION OF 
 
 Richland, 
 
 Two Members 
 
 Lancafter, 
 
 Two Members 
 
 Kerfhaw, 
 
 Two Members 
 
 Claremont, 
 
 Two Members 
 
 Clarendon, 
 
 Two Members 
 
 Abbeville, 
 
 Three Members 
 
 Edgefield, 
 
 Three Members 
 
 Newbury, (includingthe fork be- \ 
 
 Three 7VT(*mhers 
 
 tween broad andbaiuda rivers) J 
 
 Laurens, 
 
 Three Members 
 
 Union, 
 
 Two Members 
 
 Spai tan, 
 
 Two Members 
 
 Greenville, 
 
 Two Members 
 
 Pendleton, 
 
 Three Member* 
 
 St. Matthew, 
 
 Two Members 
 
 Orange, 
 
 Two Members 
 
 Winton, (including the diftrict be- 
 
 
 tween Savannah river and the 
 
 Three Members 
 
 north fork of Edifto) J 
 
 [ . 
 
 Saxe Gotha, 
 
 Three Members. 
 
 IV. Every free white man, of the age of twenty-one 
 
 years, being a citizen of this ftate, and having refided therein 
 two years, previous to the day of election, and who hath a 
 freehold of fifty acres cf land, or a town lot, of which he 
 hath been legally feifed and poffeffed, at lead fix months 
 before fuch election, or, (not having fuch freehold or town 
 lot) hath been a refident in the election diftritT, in which he 
 offers to give his vote fix months before the Fa id election, and 
 hath paid a tax the preceding yearef three fhillings fteriing, 
 towards the fupport of this government, fhall have a right 
 to vote fora member or members, to ferve in either branch of 
 the Legiflature, for the election diftrift, in which he holds 
 fuch property, or is fo refident. 
 
 V. The returning officer, or any other perfon prefent, 
 entitled to vote, may require any perfon, who fhall offer his 
 vote at an election, to produce a certificate of his citizen- 
 fhip, and a receipt from the tax collector, of his having paid a 
 tax, entitling him to vote, or to fwear or affirm, that he is 
 duly qualified to vote agreeably to this confiitution. 
 
 VI. No perfon fhall be eligible to a feat in the Houfe of 
 Reprefentatives, unlefs he is a free white man, of the age of 
 
NORTH-CAROLINA. 
 
 twenty.one years, and hath been a citizen and refident in 
 this ftate, three years previous to his eledion. If a refident 
 in the eledion diftrid, he fhall not be eligible to a feat in 
 the Houfe of Reprefentatives, unlefs he be legally feifed and 
 poflefled, in his own right, of a fettled freehold eftate, of five 
 hundred acres of land, and ten negroes ; or of a real eftate, 
 of the value of one hundred and fifty pounds fterling, clear 
 of debt. If a non-refident, he fhall be legally feifed and pof- 
 fefled of a fettled freehold eftate therein, of the value of five 
 hundred pounds fterling, clear of debt. 
 
 VII. The Senate fhall be compofed of members, to be 
 chofen for four years, in the following proportions, by the 
 citizens of this ftate, qualified to eled members to the Houfe 
 of Reprefentatives, at the fame time, in the fame manner, and 
 at the fame places, where they fhall vote for Reprefentatives, 
 viz. 
 
 Charlefton, (including St. 
 
 Philip and St. Michael) J 
 Chrift Church, 
 
 St. John, Berkley, 
 
 St. Andrew, 
 
 St. George, 
 
 St. James, Goofe Creek, 
 
 St. Thomas and St. Dennis, 
 
 St. Paul, 
 
 St. Bartholomew, 
 
 St. James, Santee, 
 
 St. John, Colleton, 
 
 St. Stephen, 
 
 St. Helena, 
 
 St. Luke, 
 
 Prin ce William, 
 
 St. Peter, 
 
 All Saints, 
 
 Winyaw and Williamfburgh, 
 
 Liberty and Kingfton, 
 
 Marlborough, Chefterfield, and 1 
 Darlington, J 
 
 York, 
 
 Fairfield, Richland, and Chefter, 
 
 -Lancafter and Kerfhaw, 
 
 Two Members 
 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 
 Two Members 
 
 One Member 
 One Member 
 One Member 
 
184 
 
 CONSTITUTION OF 
 
 Claremont and Clarendon, One Member 
 
 Abbeville, One Member 
 
 Edgefield, One Member 
 
 Newbury (including the fork be- 1 Mcmber 
 tween Broad and Saluda rivers, J 
 Laurens, One Member 
 
 Union, 
 
 Spartan, 
 
 Greenville, 
 
 Pendleton, 
 
 St. Matthew and Orange, 
 
 Winton, (including the diftrid be- "1 
 
 S!q vonnun riupr unrl tnp V 
 
 One Member 
 One Member 
 One Member 
 One Member 
 One Member 
 
 tween Savannah river and the >One Member 
 
 north fork of Edifto,) 
 Saxe Gotha, 
 
 I 
 
 One Member. 
 
 VIII. No perfon fhall be eligible to a feat in the Senate, 
 unlefs he is a free white man, of the age of thirty years, 
 and hath been a citizen and refident in this ftate five year* 
 previous to his election. If a refident in the eledion diftrid, 
 he fhall not be eligible unlefs he be legally feized and pof- 
 felfed, in his own right, of a fettled freehold eftate of the 
 value of three hundred pounds fterling, clear of debt. If a 
 non-refident in the election diftrid, he fhall not be eligible, 
 unlefs he be legally feized and poffefTed, in his own right, 
 of a fettled freehold eftate in the faid diftrid of the value of 
 one thoufand pounds fterling, clear of debt. 
 
 IX. Immediately after the Senators fhall be aftembled, 
 in confequence of the firft eledion, they fhall be divided by 
 lot into two claffes. The feats of the Senators of the firft 
 clafs fhall be vacated at the expiration of the fecond year, 
 and of the fecond clafs at the expiration of the fourth year ; 
 fo that one-half thereof, as near as pofiible, may be chofen, 
 forever thereafter, every fecond year, for the terra of four 
 years. 
 
 X. Senators, and Members of the Houfe of Reprefenta- 
 tives, fhall be chofen on the fecond Monday in Odober next, 
 and the day following, and on the fame days, in every fe¬ 
 cond year thereafter, in fuch manner and at fuch times as 
 are herein direded :—and fhall meet on the fourth Monday 
 in November annually at Columbia, (which fhall remain the 
 feat of government, until otherwife determined, by the con- 
 
SOU FH'CAROLINA. 
 
 currcnee of two-thirds of both branches of the whole repre- 
 fentation) unlefs the cafualties of war, or contagious difor- 
 ders, fhould render it unfafe to meet there ; in either of which 
 cafes, the Governor, or Commander in Chief for the time 
 being, may, by proclamation, appoint a more fecure and 
 convenient place of meeting. 
 
 XL Each Houfe (hall judge of the cle&ions, returns and 
 qualifications of its own Members ; and a majority of each 
 Houfe (hall conftitute a quorum todobufinefs : but a fmaller 
 -number may adjourn from day to day, and may be authorifed 
 to compel the attendance of abfent Members in fuch manner, 
 and under fuch penalties, as may be provided by law. 
 
 XII. Each Houfe (hall choofe by ballot its own officers, 
 determine its rules of proceeding, punifh its Members for 
 diforderly behaviour, asd (with the concurrence of two- 
 thirds) expel a Member, but not a fecond time for the fame 
 caufe. 
 
 XIII. Each Houfe may punifli, by imprifonment, during 
 fitting, any perfon not a Member, who (hall be guilty of 
 difrefpeft to the Houfe, by any diforderly or contemptuous 
 behaviour in its prefence—or who, during the time of its 
 fitting, (hall threaten harm to the body or eftate of any 
 Member, for any thing faid or done in either Houfe—or 
 who (hall affault any of them therefor—or who (hall affauk 
 or arreft any witnefs, or other perfon ordered to attend the 
 Houfe, in his going to, or returning therefrom, or who (hall 
 refcue any perfon arretted by order of the Houfe. 
 
 XIV. The Members of both Houfes (hall be protected, i«- 
 their perfons and eftates, during their attendance on, going 
 to, and returning from, the Legifature, and ten days pre^ 
 vious to their fitting, and ten days after the adjournment of 
 the Legifature. But thefe privileges fhall not be extended, 
 fo as to protect any Member who (hall be charged with treafon, 
 felony, or breach of the peace. 
 
 XV. Bills for railing a revenue (hall originate in the Houfe 
 of Rcprefentatives, but ma'y be altered, amended, or re¬ 
 jected by the Senate, 
 
 All other bills may originate in either Houfe, and may be 
 amended, altered, or rejected by the other. 
 
 XVI. No bill or o-dinance (hall have the force of law, 
 until it fhall have been read three times, and on three feve¬ 
 il 
 
CONSTITUTION OF 
 
 186- 
 
 ral days, in each Houfe, has had the Great Seal affixed to if, 
 and has been figned in the Senate-Houfe, by the Prefident of 
 the Senate, and Speaker of the Houfe of Reprefentatives. 
 
 XVII. No money (hall be drawn out of the public trea¬ 
 sury, but by the legislative authority of the ftate. 
 
 XVIII. The Members of the Legislature, who fhall af- 
 femble under this conftitution, Shall be entitled to receive out 
 of the public treafury, as a compenfation for their expenfes, 
 a futn, not exceeding feven Shillings Sterling a day, during 
 their attendance on, going to, and returning from the Legis¬ 
 lature ; but the fame may be increafed or diminished by law, 
 if circumstances Shall require : but no alterations Shall be 
 made by any Legislature, to take effedl during the existence of 
 the Legidature, which Shall make Such alteration. 
 
 XIX. Neither Houfe Shall, during their feffion, without 
 the content of the other, adjourn for more thaa three days, 
 nor to any other place than that in which the two Houfes 
 Shall be fitting. 
 
 XX. No bill or ordinance, which Shall have been rejected 
 by either Houfe, Shall be brought in again during the fitting, 
 without leavy of the Houfe, and notice of fix days being 
 previously giyen. 
 
 XXI. No perfon Shall be eligible to a feat in the Legisla¬ 
 ture whilst hct holds any office of profit or truft under this 
 State, the United States, or either of them, d r under any 
 other power—except officers in the militia, arrfiy or navy of 
 this ftate. Justices of the Peace, or JuStices of the County 
 Courts, while they receive no falaries ; nor Shall any con¬ 
 tractor of the army or navy of this ftate, the United States, 
 or either of them, or the agents of fuch contractor, be eligi¬ 
 ble to a feat in either Houfe. And if any Member Shall accept 
 or exercife any of the faid difqualifying offices, he Shall va¬ 
 cate his feat. 
 
 XXII. If any election diftriT Shall negleft to choofe a 
 Member or Members, on the days of election, or if any per¬ 
 son chofen a Member of either Houfe Should refufe to qualify 
 and take his feat, or Should die, depart the ftate, or accept 
 of any difqualifying office, a writ of election Shall be iSTued 
 by the Prefident of the Senate or Speaker of the Houfe of 
 Reprefentatives, (as the cafe may be) for the purpofe of filling 
 up. the vacancy thereby occasioned, for the remainder of the 
 
SOUTH-CAROLINA. 
 
 rS? 
 
 term, for which the perfon, fo refilling to qualify, dying, de¬ 
 parting the ftate, or accepting a disqualifying office, was 
 eledled to ferve. 
 
 XXIII. And whereas the minifters of the gofpel arc, by 
 their profeffion, dedicated to the fervice of God, and the care 
 of fouls, and ought not to be diverted from the great duties 
 of their fundlion ; therefore, no minifter of the gofpsl, or 
 public preacher, of any religious perfuafion, whillt he con¬ 
 tinues in theexercife of his paftoral functions, (hall be eligi¬ 
 ble to the office of Governor, Lieutenant Governor, or to 
 a feat in the Senate, orHoufe of Reprefentatives. 
 
 ARTICLE II. 
 
 I. The executive authority of this ftate fhall be Inverted 
 in a Governor, to be chofen in manner following : as foou 
 as may be, after the firft meeting of the. Senate and Houfe of 
 Reprefentatives, and at every firft meeting of the Houfe of 
 Reprefentatives thereafter, when a majority of both Houfes 
 fhall be prefent, the Senate and Houfe ot Reprefentatives 
 fhall, jointly, in the Houfe of Reprefentatives, choofe, by ba 1 - 
 lot, a Governor, to continue for two years, and until a new 
 elecfion fhall be made. 
 
 II. No perfon fhall be eligible to the office of Governor, 
 uniefs he hath attained the age of thirty years, and hath re- 
 fided within this ftate, and been a citizen thereof, ten years, 
 and unlefs he be feifed and polTeffed of a fettled eftate within 
 the fame, in his own right, of the value of fifteen hundred 
 pounds fterling, clear of debt. 
 
 No perfon having ferved two years as Governor, fhall be 
 re-eligible to that office, till after the expiration of four 
 years. 
 
 No perfon final! hold the office of Governor, and any other 
 office, or commiffion, civil or military (except in the mi it is) 
 cither in this ftate, or under any ftate, or the United States, 
 or any other power, at one and the fame time. 
 
 III. A Lieutenant Governor fhall be chofen, at the fame 
 time, in the fame manner, continue in office for the fame pe¬ 
 riod, and be poifeffed of the fame qualifications, as the Go¬ 
 vernor. 
 
 IV. A Member of the Senate or Houfe of Reprefentatives, 
 being chofen, and ailing as Governor or Lieutenant Govern- 
 
188 
 
 CONSTITUTION OF 
 
 or, fhall vacate his feat, and another perfon fhall be ele&ed 
 in his Head. 
 
 V. In cafe of the impeachment of the Governor, or his 
 removal from office, death, refignation, or abfence from the 
 ftate, the Lieutenant Governor (hall fucceed to his office. 
 And in cafe of the impeachment of the Lieutenant Governor, 
 or his removal from office, death, refignation, or abfence 
 Lorn the ftate, the Frefident of the Senate (hall fucceed to his 
 office, till a nomination, to thofe offices refpeCtively, fhall 
 be made by the Senate, and Houfe of Reprefentatives, for 
 t he remainder of the time, for which the officer, fo impeach¬ 
 ed, removed from office, dying, refigning, or being abfent, 
 was elefted. 
 
 VI. The Governor fhall be Commander in Chief of the ar¬ 
 my and navy of this ftate, and of the militia, except when 
 ihey fhall be called into the aCtual fervicc of the United 
 States. 
 
 VII. He fhall have power to grant reprieves and pardons, 
 after conviction (except in cafes of impeachment) in fuch 
 manner, on fuch terms, and under fuch reftriCtions, as her 
 ihall think proper; and he fhall have power to remit fines 
 and forfeitures unlefs otherwife directed by law. 
 
 VIII. He fhall take care, that the laws be faithfully ex¬ 
 ecuted in mercy. 
 
 IX. He fhall have power to prohibit the exportation of pro- 
 vifion, for any time, not exceeding thirty days. 
 
 X. He fhall, at dated times, receive, for his fervices, a 
 compenfation, which fhall neither be increafed or diminifhed, 
 during the period for which he fhall have been eleCted. 
 
 XI. All officers in the executive department, when re¬ 
 quired by the Governor, fhall give him information in writ¬ 
 ing, upon any fubjeft, relating to the duties of their re¬ 
 spective offices. 
 
 XII. The Governor fhall, from time to time, give to the 
 General Affiembly information of the condition of the ftate, 
 and recommend to their confideration fuch meafures as he fhall 
 judge necelTary or expedient. 
 
 XIII. He may, on extraordinary occaftons, convene the 
 General Affiembly, and in cafe of difagrefement between the 
 two Houfes with refpeft to the time of adjournment, adjourn 
 them to fuch time as he fhall think proper, not beyond the 
 fourth Monday in the month of November then enfuing. 
 
' SOUTH-CAROLINA, 
 
 ARTICLE III. 
 
 ]. The judicial power fhali be veiled in fuch Supeiiorand 
 Inferior Courts of Law and Equity, as the Legiilature lhali, 
 from time to time, direct and etlablifh. 
 
 The Judges of each lhali hold their commiffions during 
 good behaviour ; and Judges of the Superior Courts fhail, at 
 llated times, receive a compenfation for theii fervices, which 
 fhail neither be increafed or diminifhed during their conti¬ 
 nuance in office ; but they fhail receive no fees, or perquifites 
 of office, nor hold any other office of profit or trufi, under 
 this ilate, the United States, or any other power. 
 
 II. The ilyle of all procefies fhail be, “ The State of South- 
 Carolina.”-—All profecutions fhali be carried on in the name 
 and by the authority of the Hate of South-Carolina, and coim 
 elude — u againfl the peace and dignity of the fame,” 
 
 ARTICLE IV. 
 
 All perfons, who fhali be chofen or appointed to any office 
 of profit or trufi, before entering on the execution thereof, 
 fhali take the following oath ; “ I do fvvear, [or affirm] that 
 I am duly qualified, according to the conflitution of this 
 flate, to exercife the office, to which I have been appointed, 
 and will, to the bell of my abilities, difeharge the duties 
 thereof and preferve, proteft, and defend the conflitution of 
 this Hate, and of the United States.” 
 
 ARTICLE V. 
 
 I. The Houfe of Reprefcntatives fhali have the foie power 
 of impeaching ; bat no impeachment fhali be made, unlefs 
 with the concurrence of two-thirds of the Houfe of Repre¬ 
 fen tat ives. 
 
 II. All impeachments fhail be tried by the Senate. When 
 fitting for that purpofe, the Senators fhail be on oath, or 
 affirmation ; and no perfon fhali be convided without tbe 
 concurrence of two-thirds of the members prefent. 
 
 III. The Governor, Lieutenant-Governor, and all the 
 civil officers,‘fhail be liable to impeachment, for any mifde- 
 meanor in office : but judgment in fuch cafes, fhail not ex¬ 
 tend further than to a rmoval from office, and difqualifica- 
 tion to hold any office of honour, trufi, or profit, under 
 this fiatc u —The party convicted (hall neverihelefs be liable 
 
 R 2 
 
»9o CONSTITUTION OF 
 
 to indictment, trial, judgment, and poniffiment, according 
 to law. 
 
 ARTICLE VI. 
 
 I. The Judges of the Superior Courts, Commiffioners of 
 the Treafury, Secretary of the State, and Surveyor-General, 
 lhall be elected by the joint ballot of both Houfes, in the 
 Houfe of Reprefentatives. The Commidioners of the Trea¬ 
 fury, Secretary of this date, and Surveyor-General, (ball 
 hold their offices for four years: but fhall not be eligible 
 .■gain for four years, after the expiration of the time for 
 which they (hall have been elefted. 
 
 II. All other officers fhall be appointed, as they hitherto 
 l ave been, until otherwife directed by law ; but Sheriffs fhail 
 hold their offices for four years, and not be again eligible, 
 for four years after the term for which they fhall have been 
 elected. 
 
 III. All commiffions fhall be in the name, and by the 
 authority of the date of.South-Carolina, and be fealed with 
 the feal of the date, and be dgned by the Governor. 
 
 ARTICLE VII. 
 
 All laws, of force in this dare, at the paffmg of this con. 
 flitution, {hall fo continue, until aitered or repealed by the 
 Legiflature, except where they are temporary, in which cafe 
 they fhall expire, at the times refpedtively limited for their 
 duration, if not continued by a<fi of the Legiflature. 
 
 ARTICLE VIII. 
 
 I. The free exercife and enjoyment of religious profeffion 
 and worfhip, without diferimination or preference, fhall, for¬ 
 ever hereafter, be allowed within this date to all mankind ; 
 provided, that the liberty of confcience, thereby declared, 
 fhall not be Jb cpyidrued as to excufe adts of licentioufnefs, or 
 judify i?fattices inconfident with the peace or fafety of this 
 date./ 
 
 JL The ngjLitf, privileges, immunities and edates of both 
 ci viKancPrel igious fociefies, and of corporate bodies, fhall 
 remain as if the conditution of this date had not been altered 
 cr amended. 
 
SOUTH-CAROLINA. 
 
 191 
 
 ARTICLE IX. 
 
 I. All power is originally vefted in the people ; and all 
 free governments are founded on their authority, and are in- 
 ilituted for their peace, fafety and happinefs. 
 
 II. No freeman of this ftate, (hall be taken or imprifoned, 
 or difteifed of his freehold, liberties or privileges, or out. 
 lawed, or exiled, or in any manner deftroyed, or deprived of 
 his life, liberty, or property, but by the judgrnentof his 
 peers, or by the law of the land ; nor fhall any bill of attain¬ 
 der, ex poll fado law, or law impairing the obligation of con¬ 
 trails, ever be palled by the Legiflature of this ftate. 
 
 Ill The military fhall be fubordinate to the civil power. 
 
 IV. Exceflive bail fhall not be required, nor exceftive fines 
 impofed, nor cruel punifhments inflided. 
 
 V. The Legillature fhall not grant any title of nobility, 
 or hereditary diftindion, nor create any office, the appoint¬ 
 ment to which fhall be for any longer time, than during 
 good behaviour. 
 
 VI. The trial by jury, a6 heretofore ufed in this ftate, 
 and the liberty of the prefs, fhall be forever inviolably 
 preferved. 
 
 ARTICLE X. 
 
 I. The bufinefs of the treafury fhall be, in future, con¬ 
 duced by two Treafurers, one of whom fhall hold his office, 
 and refide at Columbia; the other fhall hold his office, and 
 refide in Charlefton. 
 
 II. The Secretary of State, and Surveyor-General, fhall 
 hold their offices both in Columbia and in Charlefton. They 
 fhall reftde at one place, and their Deputies at the other. 
 
 III. At the conclufion of the circuits, the Judges fhall 
 meet and ft at Columbia, for the purpofe of hearing and 
 determining all motions, which may be made for new trials, 
 and in arreft of judgments, and fuch points of law, as may 
 be fubmitted to them. From Columbia, they fhall proceed to 
 Charlefton, and there hear and determine all fuch motions for 
 new trials, and in arreft of judgment, and fuch points of law, 
 as may be fubmitted to them.. 
 
 IV. The Governor fhall always refide, during the fitting 
 of the Legiflature, at the place where their feffion may be 
 held ; and, at all other times, wherever, in his opinion, the 
 public good may require. 
 
CONSTITUTION Of 
 
 *92 
 
 V. The Legiflaturefhall, as foon as maybe convenient, pafs 
 laws, for the abolition of the rights of primogeniture, and for 
 giving an equitable diftributicn of the real eftate of inteftates. 
 
 V* — 1 ■ I - ■ « 
 
 ARTICLE XI. 
 
 No Convention of the people fhall be called, unlefs by the 
 concurrence of two-thirds of both branches of the whole 
 reprefentation. 
 
 No part of this conftitution fhall be altered, unlefs a bill 
 to alter the fame, fhall have been read three times in the 
 Houfe of Reprefentntives, and three times in the Senate, and 
 agreed to by two-thirds of both branches of the whole repre¬ 
 fentation ; neither fhall any alteration take plaee, until the 
 bill, fo agreed to, be publifhed three months, previous to a 
 new election for members to the Houfe of Reprefentatives ; 
 and if the alteration, propofed by the Legiflature, fhall be 
 agreed to, in their firlt feflion, by two-thirds of the whole 
 reprefentation in both branches of the Legiflature, after the 
 fame fhall have been read three times, on three feveral days, 
 in each Houfe, then and not otherwife, the fame fhall become 
 a part of the conflitution. 
 
 Done in Convention, at Columbia, in the date of South- 
 Carolina, the third day of June, in the year of our 
 Lord 1790 , and in the fourteenth year of the Inde¬ 
 pendence of the United States of America. 
 
 By the unanimous order of the Convention, 
 
 CHARLES PINCKNEY, Prefdent • 
 
 — 
 
 GEORGIA. 
 
 *1 he CONSTITUTION of the State of Georgia, as revised, 
 
 amended and compiled, oy the Convention of the State, at 
 
 Lcutfv'ille, on the ^oth day of May } 1798 . 
 
 ARTICLE I. 
 
 Sect. i. r THHE legifla ti ve, executive and judiciary de¬ 
 bs- parturients of government, fhall be diftind, 
 and each department fhall be confided to a feparate body of 
 ttoigiftraey » and no perfon, or collection of perfons, being of 
 
GEORGIA. 
 
 1 93 
 
 one of thofe departments, fhall exercife any power properly 
 attached to either of the others, except in the inftances here¬ 
 in exprefsly permitted. 
 
 Sect. 2. The legiflative power fhall be veiled in two fe- 
 parate and diitinft branches, to wit, a Senate and Houle of 
 Representatives, to be fly led “ The General Aft'enably. 5 ' 
 
 Sect. 3. The Senate fhall be eleTed annually, on the firft 
 Monday in November, until fuch day of eleftion be altered 
 by law ; and fhall be compofed of one Member from each 
 county, to be chofen by the electors thereof. 
 
 Sect. 4. No perfon fhall be a Senator, who fhall not 
 have attained to the age of twenty-five years ; and have 
 been nine years a citizen of the United States, and three 
 years an inhabitant of this ftate, and fhall have ufually reftd- 
 ed within the county for which he fhall be returned, at leafb 
 one year immediately preceding his ele&ion, (except perfons 
 who may have been abfent on public bufinefs of this ftate, 
 or of the United States) and is and fnall have been poffefted 
 in his own right, of a fettled freehold eftate of the value of 
 five hundred dollars, or of taxable property to the amount of 
 one thoufand dollars, within the county, for one year pre¬ 
 ceding his election ; and whofe eftate fhall, on a reafonable 
 eftimation, be fully competent to the difcharge of his juft 
 debts, over and above that fum. 
 
 Sect. 5. The Senate fhall eled, by ballot, a Preftdent out 
 of their own body. 
 
 Sect. 6 . The Senate fhall have the foie power to try all 
 impeachments:—When fitting for that purpofe, they fhall 
 be on oath or affirmation ; and no perfon fhall be convifted, 
 without the concurrence of two-thirds of the Members pre- 
 fent:—Judgment, in cafes of impeachment, fhall not extend 
 further than removal from office, and difqualification to hold 
 and enjoy any office of honour, truft or profit, within this 
 ftate; but the party convifted fhall, neverthelefs, be fubjeft 
 to indiftment, trial, judgment, and punifhment, according 
 to law. 
 
 Sect. 7. The Houfe of Reprefentatives fhall be compofed 
 of members from all the counties which now are, or hereaf¬ 
 ter may be, included within this ftate, according to their 
 refpeftive numbers of free white perfons, and including three- 
 fifths of all the people of colour; The aftual enumeration 
 
CONSTITUTION OF 
 
 *94 
 
 fhall be made within two years, and within every ftibfequent 
 term of feven years thereafter, at fuch time, and in fuch 
 manner, as this Convention may direct : Each county con¬ 
 taining three thoufand perfons, agreeably to the foregoing 
 plan of enumeration, fhall be entitled to two members, feven 
 thoufand to three members, and twelve thoufand to four 
 members; but each county fhall have at leaft one, and not 
 more than four members : the Reprefentatives fhall be chofen 
 annually, on the firft Monday in November, until fuch day 
 of election be altered by law : until the aforefaid enumera¬ 
 tion {hall be made, the feveral counties fhall be entitled to 
 the following number of Reprefentatives, refpe£tive!y :— 
 Camden two; Glynn two ; Liberty three; M‘Intofh two ; 
 Bryan one; Chatham four; Effingham two; Striven two; 
 Montgomery two; Burke three; Bullock one ; JefFerfon 
 three ; Lincoln two ; Elbert three ; Jackfon two ; Richmond 
 three ; Wilke* four ; Columbia three ; Warren three ; Wafti- 
 ington three; Hancock four; Greene three; Oglethorpe 
 three ; and Franklin two. 
 
 Sect. 8 . No perfon fhall be a Reprefentative who fhall 
 not have attained to the age of twenty-one years, and have 
 been feven years a citizen of the United States, three years 
 an inhabitant of this ftate, and have ufually refided in the 
 county in which he fhall be chofen, one year immediately 
 preceding his election (unlefs he fhall have been abfent on pub¬ 
 lic bufinefs of this ftate or of the United States) and fhall be 
 poffielTed, in his own right, of a fettled freehold eftate of the 
 value of two hundred and fifty dollars, or of taxable proper¬ 
 ty to the amount of five hundred dollars, within the county, 
 for one year preceding his elesftion ; and whofe eifate fhall, on a 
 reafonable eftirnation, be competent to the difcharge of his 
 juft debts, over and above that fum. 
 
 Sect. 9. The Houfe of Reprefentatives fhall choofe their 
 Speaker and other officers. 
 
 Sect. 10. They fhall have folely the power to impeach ail 
 perfons who have been, or may be in office. 
 
 Sect. ii. No perfon holding any military commiffion or 
 other appointment having any emolument or compenfation an¬ 
 nexed thereto, under this ftate or the United States, or either 
 of them (except Juftices of the Inferior Court, juflices of 
 the Peace, and officers of the militia) nor any perfon who has 
 
GEORGIA. 
 
 *9* 
 
 had charge of public monies belonging to the ftate, unaccount¬ 
 ed for and unpaid, or who has not paid all legal taxes or 
 contributions to the government, required of him, fhall have 
 a feat in either branch of the General Alfembly ; nor fnail 
 any Senator or Reprefentative be elected to any office or ap¬ 
 pointment by the Legillature, having any emoluments or 
 compenfation annexed thereto, during the time for which he 
 fhall have been elefted, with the above exceptions, unlefs h$ 
 fhall decline accepting his feat, by notice to the Executive, 
 within twenty days after he fhall have been eleded ; nor fhall 
 any Member, after having taken his feat, be eligible to 
 any of the aforefaid offices or appointments during the time 
 for which he fhall have been elefted. 
 
 Sect. 12 The meeting of the General Alfembly fhall be 
 annual, on the fecond Tuefday in January, until fuch day 
 of meeting be altered by law ; a majority of each branch 
 fhall be authorized to proceed to bufinefs; but a fmaller num¬ 
 ber may adjourn from day to day, and compel the at¬ 
 tendance of their Members in fuch manner as each Houfe may 
 preferibe. 
 
 Sect. 13. Each Houfe fhall be the judges of the elections, 
 returns and qualifications of its own Members, with powers 
 to expel or punifh by cenfuring, fining and imprifoning, or 
 either, for diforderly behaviour, and may expel any perfon 
 convicted of any felonious or infamous offence ; each Houfe. 
 may punifh by imprifonment, during feffion, any perfon, not 
 a Member, who fhall be guilty of difrefpedl by any diforder¬ 
 ly or contemptuous behavioar in its prefence, cr who, during 
 feffion, fhall threaten harm to the body or eftate of any Mem¬ 
 ber, for any thing faid cr done in either Houfe, or who fhall 
 affault any of them therefor; or who fhall affault or arreft 
 any witnefs, in going to or returning therefrom, or who 
 fhall refeue any perfon arrefted by order of either Houfe. 
 
 Sect. 14. No Senator or Reprefentative fhall be liable 
 to be arrefted during his attendance on the General Affemblyj 
 or for ten days previous to its fitting, or for ten days after 
 the riling thereof, except for treafon, felony, or breach of 
 the peace ; nor fhall any member be liable to anfwer for any 
 thing fpoken in debate in either houfe, in any court or place 
 elfewhere ; but fhall neverthelefs be bound to anfwer for per¬ 
 jury, bribery or corruption. 
 
CONSTITUTION OF 
 
 19S 
 
 Sect. 17. Each Houfe fhall keep a journal of its proceed, 
 ings, and publifh them immediately after their adjournment ; 
 and the yeas and nays of the members on any question, fhall,. 
 at the defire of any two members, be entered on the journals. 
 
 Sect. 16. All bills for railing revenue or appropriating 
 monies, (hall originate in the Houfe of Reprefentatives; 
 but the Senate fhall propofe or concur with amendments, as 
 in other bills. 
 
 Sect. 17. Every bill fhall be read three times and on 
 three feparate days, in each branch of the General Aflembly, 
 before it (hall pafs, unlefs in cafes of aCtual invafion or infur- 
 reftion j nor fhall any law or ordinance pafs, containing any 
 matter different from what is expreffed in the title thereof; 
 and all aCts fhall be figned by the Prefident in the Senate, 
 and Speaker in the Houfe of Reprefentatives; No bill or 
 ordinance which fhall have been rejected by either Houfe, fhall 
 be brought in again during the feffion, under the fame or 
 any other title, without the confent of two-thirds of each 
 branch. 
 
 Sect. 18. Each Senator and Reprefentative, before he be 
 permitted to take his feat, fhall take an oath or make af¬ 
 firmation, that he hath not praCtifed any unlawful means, 
 either directly or indirectly, to procure his election ; and 
 every perfon fhall be difqualified from ferving as a Senator 
 or Reprefentative, for the term for which he fhall have been 
 eleded, who fhall be convicted of having given or offered 
 any bribe or treat, or canvaffed for fuch election ; and every 
 candidate employing like means, and not eleCted, fhall, on 
 conviction, be ineligible to hold a feat in either Houfe, or to 
 hold any office of honor or profit for the term of one year, 
 and to fuch other difabilities or penalties as may be preferr¬ 
 ed by law. 
 
 Sect. 19. Every member of the Senate, or Houfe of Re¬ 
 prefentatives, fhall, before he takes his feat, take the fol¬ 
 lowing oath or affirmation, to wit—“ I, A. B. do folemnly 
 (t fwear or affirm, (as the cafe may be) that I have not ob- 
 S( tained my election by bribery, treats, canvaffing, or other 
 f( undue or unlawful means, ufed by myfelf, or others by 
 (f my defire or approbation, for that purpofe ; that I confider 
 * ( myfelf conftitutionally qualified as a Senator or Reprefen- 
 ff Tentative; and that on all queftions and meafures which 
 
GEORGIA. 
 
 J 97 
 
 f< may come before me, I will give my vote, and fo conduft 
 <( myfelf, as may, in my judgment, appear mod conducive to 
 “ the interefl and profperity of this date ; and that I will 
 i( bear true faith and allegiance to the fame ; and to the ut- 
 “ mod of, my power and ability obferve, conform to, fup- 
 <c port and defend, the conditution thereof.” 
 
 Sect. 20. No perfon, who hath been or may be convifl- 
 ed of felony, before any court of this date, or any of the 
 United States, (hall be eligible to any office or appointment 
 of honor, profit or trud, within this date. 
 
 Sect. 21. Neither Houfe, during the feflion of the 
 General Affembly, (hall, without the confent of the other, 
 adjourn for more than three days, nor to any other place, 
 than that at which the two branches (hall be fitting; and in cafe 
 of difagreement between the Senate and Houfe of Reprefen. 
 tatives, with refpcft to their adjournment, the Governor 
 may adjourn them. 
 
 Sect. 22. The General Affembly fhall have power to 
 make all laws and ordinances, which they fhall deem necef- 
 fary and proper for the good of the date, which fnall not be 
 repugnant to this conditution. 
 
 Sect. 23. They Avail have power to alter the boundaries 
 of the prefent counties, and to lay off new ones, as well out 
 of the counties already laid off, as out of the other territory 
 belonging to the date ; but the property of the foil, in a 
 free government, being one of the effential rights of a free 
 people, it is neceffary, in order to avoid difputes, that the 
 limits of this date fhould be afeertained with precifion and 
 exaftnefs; and this Convention, compofed of the immediate 
 reprefentatives of the people, chofen by them to affert their 
 rights, and to revife the powers given by them to the govern¬ 
 ment, and from whofe will, all ruling authority of right 
 flows, DOTH affert and declare, the boundaries of this date 
 to be as follow : That is to fay, the limits, boundaries, ja- 
 rifdi&ions and authority, of the date of Georgia, do, and 
 did, and of right ought to extend from the fea or mouth of 
 the river Savannah, along the northern branch or dream 
 thereof, to the fork or confluence of the rivers now called Tu- 
 galo and Keowee, and from thence along the mod northern 
 branch or dream of the faid river Tugalo, till it interfeft the 
 northern boundarv line of South-Carolina, If the faid branch 
 
 S 
 
I 9 S CONSTITUTION OF 
 
 or ft resin of Tugalo extends fo far north, referring all the 
 iflands. in ti e faitl rivers Savannah and Tugalo to Georgia : 
 but if the head fpring or fource of any branch or dream cf 
 the faid river Tugalo, dees not extend to the north boundary 
 line cf South-Carolina, then a weft line to the Mifliffippi, to 
 be drawn from the head fpring or fource of the faid branch 
 or ft ream of Tugalo river, which extends to the higheft 
 northern latitude ; thence down the middle of the faid river 
 Ivliffiflippi, until it fhali interred the northernmoft part of the 
 thirty.ftrft degree of north latitude ; fouth by a line 
 dr,.wn due eaft, from the termination cf the line laft mention¬ 
 ed, in the latitude of thirty-one degrees north of the equator, 
 to. the middle of the river Apalachicola, cr Chatahocchec; 
 thence along the middle thereof, to its junction with 
 Flint river: thence ftraight to the head of St. Mary’s river; 
 and thence along the middle of St. Mary’s river to the At- 
 lantic ocean ; and from thence to the mouth or inlet of Sa¬ 
 vannah river, the place of beginning. Including and com¬ 
 prehending all the lands and waters within the faid limits, 
 boundaries and jurifdictional rights; and alfo, all the iilands 
 within twenty leagues of the fea coaft. And this Conven¬ 
 tion doth further declare and aftert, that all the territory 
 without the prefent temporary line and within the limits 
 aforefaid, is now, of right, the property of the free citizens 
 of this ftate, and held by them in fovereignty, inalienable 
 but by their confent : Provided neverthelefs , That nothing 
 herein contained fhali be conftrued, fo as to prevent a fale 
 to, orcontradl with the United States, by the Legiilature of this 
 ftate, of and for all or any part of the weftern territory of 
 this ftate, laying weftward of the river Chatahcochee, on 
 fuch terms as may be beneficial to both parties ; and may 
 procure an extenfion of fettlement, and an extinguilhment of 
 Indian claims, in and to the vacant territory of this ftate, 
 to the eaft and north of the faid river Chatahoocne, to which 
 territory, fuch power of contract cr fale, by the Legiilature, 
 {hall not extend : And provided alfo. The Legiilature may 
 give its confent to the e&ablilhment of one or more govern¬ 
 ments weftward thereof; but monopolies of land by indivi¬ 
 duals, being contrary to the fpirit of our free government, 
 no fale of territory of this ftate, or any part thereof, fhali 
 take place to individuals or private companies, unlefs a county 
 
GEORGIA. 
 
 199 
 
 or counties (hall have been firft laid oil*, including fuch terri¬ 
 tory, and the Indian rights (hall have been extinguifhed 
 thereto. 
 
 Sect. 24. The foregoing feelion of this article having 
 declared the common rights of the free citizens o t this irate, 
 in and to all the territory without the prefect temporary- 
 boundary line, and within the limits of this ftate, thereby 
 defined, by which the contemplated purchafes of certain 
 companies of a considerable portion thereof, are become con- 
 flitutien'ally void; and justice and good faith require, that 
 the ftate fhould not detain a confideration for a contract, 
 which has failed ; the Legiftature, at their next feftion, (hall 
 make provifion, by law, for returning to any perfon or per- 
 fons, who has or have bona fide deposited monies for fuch 
 purchafes in the treafury of this ftate : Provided , That the. 
 fame fhall not have been drawn therefrom in terms of the act, 
 palled the thirteenth day of February, one thoufand fevea 
 hundred and ninety-fix, commonly called the reminding aft, 
 or the appropriation laws of the years one thoufund fevea 
 hundred and ninety-fix, and one thoufand feven hundred and 
 ninety-feven : nor fhall the monies, paid for fuch purchafes, 
 ever be deemed a part of the funds of this ftate, or be liable 
 to appropriation as fuch ; but until fuch monies be drawn 
 from the treafury, they fhall be conftdered altogether at the 
 rifqtae of the perfons who have depofited the fame. No 
 money fhall be drawn out of the treafury, or from the public 
 funds of this ftate, except by appropriation made by law ; 
 and a regular ftatement and account, of the receipts and ex¬ 
 penditures of all public monies, fhall be pubiifhed from 
 time to time. No vote, refolution, law, or order, fhall pafs 
 the General Affemhly, granting a donation or gratuity in fa¬ 
 vour of any perfon whatever, but by the concurrence of two- 
 thirds of the General Aftembly. 
 
 Sect. 25-. It fhall be the duty of the Juftices of the In¬ 
 ferior Court, or any three of them, in each county refpec- 
 tively, within fixty days after the adjournment of this con¬ 
 vention, to appoint one or more fit perfons in each county, 
 not exceeding one for each battalion diftrift, whofeduty it fhall 
 be to take a full and accurate cenfus or enumeration s-f ail free 
 white perfons, and people of colour, refiding thersfh, diftiru 
 guifhing, in feparau columns, the free white perionsirom perfons 
 
200 
 
 CONSTITUTION. OF 
 
 of colour, and return the fame to the Clerks of the Superior 
 Courts of the feveral counties, certified under their hands, 
 on or before the firft day of December next—the perfons fo 
 appointed, being firft feverally fworn before the faid Juftices 
 or either of them, duly and faithfully to perform the truft re- 
 pofed in them ; and it fhall be the duty of the faid Clerks, to 
 tranfmit all inch returns, under feal, directed to the Speaker 
 of the Houfe of Rcprefentatives, at the firft ftflion of the 
 Legiflature thereafter : And it fhall be the duty of the General 
 Aflembly, at their faid firft fe/fion, to apportion the Mem¬ 
 bers of the Houfe of Rcprefentatives among the feveral coun¬ 
 ties, agreeably to the plan prefcribed by this conftitution, 
 and to provide an adequate compenfation for the taking of 
 the faid cenfus. Every perfon, whofe ufual place of abode fhall 
 be in any family on the firft Monday in July next, (hall be re¬ 
 turned as of fuch family, and every perfon, cccafionally ab- 
 fent at the time of taking the enumeration, as belonging to 
 that place in which he ufually refides. The General Aflem¬ 
 bly (hall, by law, direft the manner of taking fuch cenfus or 
 enumeration, within every fubfequent term of feven years, 
 in conformity to this conftitution. And it is declared to be 
 the duty of all officers, civil and military, throughout this date, 
 to be aiding and aflifting in the true and faithful execution 
 thereof. In cafe the Juftices of the Inferior Courts fhould 
 fail to make fuch appointments, or if there fhould not be a 
 fufficient number of fuch Juftices in any county, then the 
 Juftices of the Peace, or any three of them, fhall have and 
 excrcife like powers and authority refpeciing the faid cenfus ; 
 and if the cenfus or enumeration of any county fhall not be 
 fo taken and returned, then, and in that cafe, the General 
 Aflembly fhall apportion the reprefentation of fuch county, 
 according to the beft evidence in their power, relative to its 
 population. 
 
 ARTICLE II. 
 
 Sect. i. The executive power fhall be veiled in a Go¬ 
 vernor, who fhall hold his office during the term of two 
 years, and until fuch time as a fucceflbr (hall be chofen and 
 qualified ; he fhall have a competent falary ellabliflied by 
 law, which (hall not be increafed or diminifhed during the 
 period for which he fhall have been elected ; neither fhall he 
 
GEORGIA. 
 
 201 
 
 receive, within that period, any other emolument from the 
 United States, or either of them, or from any foreign power. 
 
 Sect. 2. The Governor fhall be elected by the General 
 AiTembly, at their fecond annual fed]on after the riling of this 
 Convention, and at every fecond annual feffion thereafter, on 
 the fecond day after the two houfes (hall be organized and 
 competent to proceed to bufinefs. 
 
 Sect. 3. No perfon fhall be eligible to the office of Go¬ 
 vernor, who fhall not have been a citizen of the United States 
 twelve years, and an inhabitant of this Hate fix years, and 
 who hath not attained to the age of thirty years, and who 
 does not pollefs five hundred acres of land, in his own right, 
 within this Hate, and other property to the amount of four 
 thoufand dollars, and whofe eftate fhall not, oa a reafonablc 
 eftimation, be competent to the difeharge of his debts, over 
 and above that fum. 
 
 Sect. 4. In cafe of the death or refi gnat ion, or difabili ty 
 of the Governor, the Prefident of the Senate fit all exercife 
 the executive powers of government, until fuch difabilicy be 
 removed, or until the next meeting of the General AiTembly. 
 
 Sect. y. The Governor (lull, before he enters on the 
 duties of his office, take the following oath or affirmation : 
 “ I do foiemnly fwear or affirm (as the cafe may be; that I 
 “ will faithfully execute the office of Governor of the Hate 
 iC of Georgia ; and will, to the beic of my abilities, pre- 
 <( ferve, protect, and defend the faid Hate, and caufe juftice 
 “ to be executed in mercy therein, according to the conftitu- 
 iC tion and law's thereof.” 
 
 Sect. 6 . tie fhall be Commander in Chief of the army 
 and navy of this Hate, and of the militia thereof. 
 
 Sect. 7. He fhall have power to grant reprieves for 
 offences againft the fiate, except in cafes ol impeachment, and 
 to grant pardons, or to remit any part of a fentence, in ail 
 cafes after conviction, except for treafon or murder, in which 
 cults he may refpice the execution, and nuke report thereof 
 to the next General AiTembly, by whom a pardon may be 
 granted. 
 
 Sect. 8 . He fhall ilTue writs of election to nil up all 
 vacancies that happen in the Senate or Houfe of Reprefenta- 
 tives : and fhall have power to convene the General AiTem¬ 
 bly on extraordinary occafions; and fhall give them, from 
 
 S 2 
 
202 
 
 CONSTITUTION OF 
 
 time to time, information of the ftate of the republic, and 
 recommend to their confideration fuch meafures as he may 
 deem neceffary and expedient. 
 
 Sect. 9. When any office (hall become vacant by death, 
 refignation, or otherwife, the Governor fhall have the power 
 to iiil fuch vacancy ; and perfons fo appointed, {hall con¬ 
 tinue in office until a fucceflbr is appointed, agreeably to the 
 mode pointed out by this conftitution, or by the Legislature. 
 
 Sect. 10. He (hall have the revifion of all bills palled by 
 both Houfes, before the fame fhall become laws, but two- 
 thirds of both Houfes may pafs a law notwithstanding his 
 diflent: and if any bill fhould not be returned by the Go- 
 rernor within five days after it hath been prefented to him, 
 the fame fhall be a law, unlefs the General Aflembly, by 
 iheir adjournment, fhall prevent its return. 
 
 Sect. ii. Every vote, refolution or order, to which the 
 concurrence of both Houfes may be neceffary, except on a 
 queftion of adjournment, fhall be prefented to the Governor ; 
 and before it fhall take effect be approved by him, or being 
 disapproved, may be repaffed by two-thirds of both Houfes, 
 according to the rules and limitations prefcribed in cafe of a 
 bill. 
 
 Sect. 12. There fhall be a Secretary of the date, a Trea¬ 
 surer, and a Surveyor General, appointed in the fame manner, 
 and at the fame feffion of the Legiflature, and they fhall hold 
 their offices for the like period as the Governor, and fhall 
 have a competent falary, including fuch emoluments as may 
 be eftablifhed by law, which fhall not be increafed or dimi- 
 nifhed during the period for which they fnall have been 
 defied. 
 
 Sect. 13. The great feal of the flate fhall be depofited 
 in tha office of the Secretary of State, and fhall not be af¬ 
 fixed to any inftrument of writing, but by order of the Go¬ 
 vernor or General Aflembly ; and the General Aflembly fhall, 
 at their firfl feffion after the rifing of this Convention, caufe 
 the great feal to be altered, by law. 
 
 Sect. 14. The Governor fhall have power to appoint his 
 own Secretaries. 
 
 ARTICLE III. 
 
 Section 1 . The judicial powers of this flate fhall be 
 felted in a Superior Court, and in fuch inferior jurifdi&ions 
 
GEORGIA. 
 
 203 
 
 s-s the Legiflature fhall, from time to time, ordain and 
 eftablifh. The Judges of the Superior Courts fhall be elected 
 for the term of three years, removable by the Governor on 
 the addrefs of two-thirds of both Houfes for that purpofe, 
 or by impeachment and conviction thereon. The Superior 
 Court fhall have exclufive and final jurifdiCtion in all criminal 
 cafes, which fhall be tried in the county wherein the crime 
 was committed, and in all cafes refpeCting titles to land, 
 which fhall be tried in the county where the land lies; and 
 fhall have power to correCt errors in inferior judicatories by 
 writs of certiorari , as well as errors in the Superior Courts, 
 and to order new trials on proper and legal grounds: Pro¬ 
 vided, That fuch new trials fhall be determined, andfuch errors 
 corrected, in the Superior Court of the county in which fuch 
 aCtion originated. And the faid court fhall alfo have appel¬ 
 late jurifdiCtion in fuch other cafes as the Legiflature may 
 by law direCt, which fhall in no cafe tend to remove the 
 caufe from the county in which the aCtion originated ; and 
 the judges thereof, in all cafes of application for new trials, 
 or correction of errors, fhall enter their opinions on the mi¬ 
 nutes of the court. The Inferior Courts fhall have cognizance 
 of all other civil cafes, which fhall be tried in the county 
 wherein the defendant refides, except in cafes of joint 
 obligors, refiding in different counties, which may be com¬ 
 menced in either county ; and a copy of the petition and 
 procefs, ferved on the party or parties refiding out of the 
 county in which the fuit may be commenced, fhall be deemed 
 fufficient fervice, under fuch rules and regulations as the 
 Legiflature may direCt: but the Legiflature may, by law, to 
 which two-thirds of each branch fhajl concur, give concur¬ 
 rent jurifdiCtion to the Superior Courts. The Superior 
 and Inferior Courts fhall fit in each county twice in every 
 year, at fuch Hated times as the Legiflature fhall appoint. 
 
 Sect. 2. The Judges fhall have falaries, adequate to their 
 fervices, eftablifhed by law, which fhall not be increafed 
 or diminilhed during their continuance in office ; but fhall 
 not receive any other perquifites or emoluments whatever, 
 from parties or others, on account of any duty required of 
 them. 
 
 Sect. 3. There fhall be a State’s Attorney and Solicitors 
 .appointed by the Legiflature, and commiffioned by the Go~ 
 
204 
 
 CONSTITUTION OF 
 
 vernor, who fliall hold their offices for the term of three 
 years, unlefs removed by fentence on impeachment, or by the 
 Governor, on the addrefs of two-thirds of each branch of 
 the General Affembly. They fhall have falaries adequate to 
 their fei vices, eftablifhed by law, which fliall not be increaf- 
 ed or diminifhed during their continuance in office. 
 
 Sect. 4. Juftices of the Inferior Courts fliall be’appointed 
 by the General Affembly, and be commiffioned by the Go¬ 
 vernor, and fliall hold their commiffions during good beha¬ 
 viour, or as long as they refpe&ively refide in the county for 
 which they fhall be appointed, unlefs removed by fentence 
 on impeachment, or by the Governor on the addrefs of two- 
 thirds of each branch of the General Affembly. They may 
 be compenfated for their fervices, in fuch manner as the 
 Legiflature may by law direct. 
 
 Sect. 5. The Juftices of the Peace fliall be nominated by 
 the Inferior Courts of the feveral counties, and commiffioned 
 by the Governor, and there fhall be two Juftices of the 
 Peace in each captain’s diftrict, either or both of whom, fhall 
 have power to try all cafes of a civil nature, within their 
 diftrift, where the debt, or liquidated demand, does not ex¬ 
 ceed thirty dollars, in fuch manner as the Legiflature may 
 by law direct. They fhall hold their appointments during 
 good behaviour, or until they fhall be removed by convic¬ 
 tion on indictment in the Superior Court, for mal-pra&ice in 
 office, or for any felonious or infamous crime, or by the Go¬ 
 vernor, on the addrefs of two-thirds cf each branch of the 
 Legiflature. 
 
 Sect. 6. The powers cf a Court of Ordinary or Regifler 
 of Probates, fhall be vefted in the Inferior Courts of each 
 county, from whole decifion there may be an appeal to the 
 Superior Court, under fuch reftridlions and regulations as the 
 General Affembly may by law direct; but the Inferior 
 Court fliall have power to veft the care of the records and 
 other proceedings therein, in the Clerk, or fuch other perfon 
 as they may appoint, and any one or more Juftices of the 
 faid Court, with fuch Clerk or other perfon, may iffae cita¬ 
 tions, and grant temporary letters, in time of vacation, 
 to hold until the next meeting of the faid court ; and fuch 
 Clerk or other perfon may grant marriage iicenfes. 
 
GEORGIA. 
 
 205' 
 
 Sect. 7. The Judges of the Superior Courts, or any one 
 of them, lhall have power to ilfue writs of mandamus , pro¬ 
 hibition, fare facias and all other writs which may be necef- 
 fary for carrying their powers fully into effefi. 
 
 Sect. 8 . Within live years after the adoption of this 
 conflitution, the body of our laws, civil and criminal, fhall 
 be revifed, digefted and arranged, under proper heads, and 
 promulgated in fuch manner as the Legiflature may diredt; 
 and no perfon (hall be debarred from advocating or defend¬ 
 ing his caufe, before any court or tribunal, either by him- 
 feif or counfel, or both. 
 
 Sect. 9. Divorces lhall not be granted by the Legifla¬ 
 ture, until the parties fhall have had a fair trial before the 
 Superior Court, and a verdift lhall have been obtained, au¬ 
 thorizing a divorce upon legal principles. And in fuch 
 cafes, two-thirds of each branch of the Legiflature may 
 pafs afts of divorce accordingly. 
 
 Sect. 10. The Clerks of the Superior and Inferior Courts 
 t lhall be appointed in fuch manner as the Legiflature may by 
 i law direft, lhall be commilTioned by the Governor, and lhall 
 continue in ofHce during good behaviour. 
 
 Sect. ii. Sheriffs lhall be appointed in fuch manner as 
 the General AfTembly may by law direct, and lhall hold 
 their appointments for the term of two years, unlefs fooner 
 I removed by fentence on impeachment, or by the Governor, 
 
 : on the addrefs of two-thirds cf the Juffices of the Inferior 
 i Court and of the Peace in the county ; but no perfon fhall 
 be twice elected Sheriff within any term of four years ; and 
 no county officer after the next eleftion, fhall be chofen at 
 I the time of ele&ing a Senator or Reprefentative. 
 
 ARTICLE IV. 
 
 Sect. r. The electors of members of the General Affem- 
 bly, lhall be citizens and inhabitants of this date, and diall 
 have attained the age of twenty-one years, and have paid all 
 taxes which may have been required of them, and whieh 
 they have had an opportunity of paying, agreeably to law, 
 for the year preceding the ele&ion, and lhall have redded dx 
 months within the county : Provided , that in cafe of inva- 
 don, and the inhabitants lhall be driven from any county, 
 fo as to prevent an election therein, fuch refugee inhabitants. 
 
20 6 
 
 CONSTITUTION OF 
 
 being a majority of the voters of fuch county, may meet , 
 
 under the direction of any three ] u dices of the Peace thereof, 
 
 ' » <: 
 
 in the neared county, not in a Hate of alarm, and proceed 
 to an election, without having paid fuch tax fo required of 
 elc&ors, and the perfons elected thereat, fhall be entitled to 
 their feats. 
 
 Sect. 2. All elections, by the General Affembiy, fhaU 
 be by joint ballot of both branches of the Legislature; and 
 when the Senate and Houfe of Reprefentatives unite for the 
 purpofe of electing, they fhall meet in the Representative 
 chamber, and the Prefident of the Senate fhall in fuch cafes 
 prefide, receive the ballots, and declare the perfon or per¬ 
 fons elected. In all elections by the people, the electors 
 fhaU vote viva voce, until the Legiflature fhall otherwife 
 direct. 
 
 Sect. 3. The general officers of the militia, fhall be 
 elected by the General Affembiy, and fliall be commiffioned 
 by the Governor. All other officers of the militia fhall be 
 eledled in fuch manner as the Legiflature may direct, and {hall 
 be commiffioned by the Governor ; and all militia officers 
 now in commiffion, and thofe which may be hereafter 
 commiffioned, fhall hold their commiuioRS during their ufual 
 refidence within the divifion, brigade, regiment, batta¬ 
 lion, or company, to which they belong, unlefs removed by 
 fentence of a Court Martial, or by the Governor, on the ad- 
 drefs of two-thirds of each branch of the General Affiemhly. 
 
 Sect. 4. All perfons appointed by the Legiflature, to fill 
 vacancies, fhall continue in office, only fo long as to com¬ 
 plete the time for which their predeceffors were appointed. 
 
 Sect. 3. Freedom of the piefs, and trial by jury, as hereto¬ 
 fore ufed in this Hate, (hall remain inviolate ; and no ^.v pojl 
 fatio law fhall be pa fled. 
 
 Sect. 6. No perfon, who heretofore hath been, or here¬ 
 after may be, a collector, or holder of public monies, fhall 
 be eligible to any office in this date, until fuch perfon fhall 
 have accounted for, and paid into the treafury, all fuins for 
 which he may be accountable or liable. 
 
 Sect. 7. The perfon of a debtor, where there is not a 
 ftroiag prefumption of fraud, fliall not be detained in prifon, 
 after delivering up, bona fide, all his eftate real and perfonal, 
 for the ufe of his creditors, in fuch manner as fhall be here¬ 
 after regulated by law. 
 
GEORGIA. 
 
 207 
 
 Sect. 8 . Convictions on impeachments, which have 
 heretofore taken place, are hereby releafed, and perfons lay. 
 ng under fuch convictions, reftored to citizenfhip. 
 
 Sect. 9. The writ cl habeas corpus (hall not be fufpended 
 mlefs when in cafe of rebellion, or invafion, the public 
 afecy may require it. 
 
 Sect. 10. No perfon within this date, fhall, upon any 
 pretence, be deprived of the ineffimable privilege of wor- 
 hipping God, in a manner agreeable to his own confidence, 
 lor be compelled to attend any place of worfhip, contrary 
 o his own faith and judgment ; nor fhall he ever be obliged 
 o pay tythes, taxes, or any other rate, for the building or 
 •epaiiing any place of worfhip, or for the maintenance 
 ]>f any minifler or miniflry, contrary to what he believes to 
 )e right, or hath voluntarily engaged to do. No one religi¬ 
 ous fociety fhall ever be efiablifhed in this frate, in preference 
 :o another; ncr 111 a 11 any perfon be denied the enjoyment of 
 iny civil right, merely on account of his religious prin> 
 oiples. 
 
 Sect. ii. There fhall be no future importation of flaves 
 nto this date, from Africa, or any foreign place, after the 
 ir ft day of October next. The Legiflature fhall have no power 
 o pafs laws for the emancipation of flaves, without the con- 
 ent of each of their refpeCtive owners, previous to fuch 
 emancipation. They fhall have no power to prevent emi¬ 
 grants, from either of the United States to this date, from 
 bringing with them fuch perfons, as may be deemed flaves, 
 ly the laws of any one of the United States. 
 
 Sect. 12. Any perfon, who fhall raalicioufly difmember 
 br deprive a have of life, fhall fuder fuch punifhnsent as 
 .vould be inflicted, in cafe the like offence had been commit- 
 cd on a free white perfon, and on the like proof, except in 
 'nfe of infurreClion by fuch Have, and unlefs fuch death fhould 
 lappen by accident, in giving fuch flave moderate correction. 
 
 Sect. 13. The arts and faiences fhall be promoted, in one 
 hr more feminaries of learning, and the Legiflature fhall, as 
 |oon as conveniently may be, give fuch further donations 
 bnd privileges, to thofc already efiablifhed, as may be ne- 
 befiary to fecure the objects of their inflitution ; and it fhall 
 oc the duty of the General Aflembly, at their next feflion, 
 :o provide effectual meafures for the improvement and per- 
 
 t 
 
CONSTITUTION OF 
 
 
 ■2o8 
 
 manent fecurity of the funds and endowments of fuch infti- 
 tution 9 . 
 
 Sect. 14. All civil officers (hall continue in the exercife 
 of the doties of their feveral offices, during the periods for 
 which they were appointed, or until they (hall be fuperfeded 
 by appointments made in conformity to this conftitution : 
 And all laws, now in force, fhall continue to operate, fo far 
 as they are compatible with this conftitution, until repealed ; 
 and it fhall be the duty of the General Aflembly to pafs all 
 neceffary laws and regulations, for carrying this conftitution 
 into full effed. 
 
 Sect. 15. No part of this conftitution fhall be altered, 
 unlefs a bill for that purpofe, fpecifying the alterations in¬ 
 tended to be made, fhall have been read three times in the 
 Houfe of Reprefentatives, and three times in the Senate, on 
 three feveral days in each Houfe, and agreed to by two- 
 thirds of each Houfe refpedively ; and when any fuch bill 
 fhall be paffed in manner aforefaid, the fame fhall be publifhed 
 at leaft fix months previous to the next enfuing annual elec¬ 
 tion for members of the General Aflembly ; and if fuch 
 alterations, or any of them fo prepofed, fhall be agreed to in 
 their firlt feftion thereafter, by two-thirds of each branch of 
 the General Aflembly, after the fame fhall have been read 
 three times, on three feparate days, in each refpedive houfe, 
 then, and not othervvife, the fame fhall become a part of this 
 conftitution. 
 
 WE, the underwritten Delegates of the people of the ftate 
 of Georgia, chofen and authorized by them to revife, 
 alter or amend, the powers and principles of their go¬ 
 vernment, do declare, ordain, and ratify, the feveral 
 Articles andSeftions contained in the fix pages hereunto 
 prefixed, as the conftitution of this ftate ; and the fame 
 fhall be in operation from the date hereof. 
 
 In testimony whereof, We, and each of us refpe&ivly, 
 have hereunto fet our hands, at LouiJk>ille 1 the feat of 
 government, this thirtieth day of May, in the year of 
 our Lord, one thoufand feven hundred and ninety-eight, 
 and in the twenty-fecond year of the Independence of 
 the United States of America; and have caufed the 
 great feal of the ftate to be affixed thereto. 
 
GEORGIA. 
 
 20Q 
 
 Article 4-th, Section iith, and fir ft line, the following 
 words being interlined, to wit :—“ Alter the firft day of 
 O&ober next.’’ 
 
 JARED IRWIN, Present, 
 
 and Delegate from Wafhington . 
 
 BRYAN. 
 Jofeph Clay, jun. 
 
 J. B. Maxwell, 
 
 Jno. Pray. 
 
 BURKE. 
 Benjamin Davis, 
 John Morrifon, 
 John Milton. 
 
 BULLOCH. 
 James Bird, 
 
 Andrew E. Wells, 
 Charles M'Call, jnr. 
 
 CAMDEN. 
 
 Jas. Seagrove, 
 Thomas Stafford. 
 
 CHATHAM. 
 Jas. Jackfon, 
 
 Jas. Jones, 
 
 Geo. Jones. 
 
 COLUMBIA. 
 James Simms, 
 
 W 7 a. Drane, 
 
 James M‘Neil. 
 
 EFFINGHAM. 
 John King, 
 
 John London, 
 Thomas Pol hill. 
 
 ELBERT. 
 W r m. Barnett, 
 
 R. Hunt, 
 
 Benj. Mofely. 
 
 Atteft, 
 
 FRANKLIN. 
 
 A. Franklin, 
 
 Robt. Walters. 
 Thomas Gilbert. 
 
 GLYNN. 
 
 John Burnett, 
 
 John Couper, 
 
 Thos. Spalding. 
 
 GREEN. 
 
 G. W. Fofter, 
 
 Jonas Fauche, 
 
 Jas. Nifbet. 
 
 HANCOCK. 
 Chas. Abercrom'oee, 
 Thos. Lamar, 
 
 Matt. Rabun. 
 
 JEFFERSON. 
 Peter J. Carnes, 
 Wi-liam Fleming, 
 R. D. Gray. 
 
 J ACKSON. 
 George Wilfon, 
 James Pittman, 
 Jofeph Humoheris. 
 
 LIBERTY. 
 James Cochran, 
 James Powell, 
 James Dunwody. 
 
 LINCOLN. 
 Henry Ware, 
 GibfonW ooldridge, 
 
 Jared Groce. 
 
 MTNTOSH. 
 John H. MTntofli, 
 James Gignilliat. 
 MONTGOMERY, 
 Benj. Harrifon, 
 
 John Watts, 
 
 John Jones. 
 OGLETHORPE. 
 Jno. Lumpkin, 
 Thomas Duke, 
 Burweli Pope. 
 
 RICHMOND. 
 Robert Watkins, 
 Abraham Jones. 
 
 SCRIVEN. 
 Lewis Lanier, 
 
 Jas. H. Rutherford, 
 James Oliver. 
 
 WASHINGTON. 
 
 John Watts, 
 
 George Franklin. 
 
 WARREN. 
 John Lawfon, 
 Arthur Fort, 
 
 V/. Stith, junr. 
 
 WILKES. 
 
 M att, Talbot, 
 
 JeiTe Mercer, 
 
 Ben. Taliaferro. 
 
 JAMES M. SIMMONS, Secretary 
 T 
 
( 210 ) 
 
 VERMONT. 
 
 The CONSTITUTION of Vermont, adopted hy the Conven¬ 
 tion, holden at Windfor , July 4 th , 1793. 
 
 CHAP. I. 
 
 A Declaration of the Rights of the Inhabitants of the State of 
 
 Vermont . 
 
 ARTICLE I. 
 
 T ^HAT all men are born equally free and independent, and 
 have certain natural, inherent, and unalienable rights, 
 amongft which are the enjoying and defending life and 
 liberty, acquiring, polfefling, and protecting property, and 
 purfuing, and obtaining happinefs and fafety :—therefore, no 
 male perfon, born in this country, or brought from overfea, 
 ought to be holden by law, to ferve any perfon as a fervant. 
 Have, or apprentice, after he arrives to the age of twenty- 
 one years, nor female in like manner, after (he arrives to the 
 age of eighteen years, unlefs they are bound by their own 
 confent, after they arrive to fuch age, or bound by law for 
 the payment of debts, damages, fines, cofts, or the like. 
 
 ARTICLE II. 
 
 That private property ought to be fubfervient to pub¬ 
 lic ufes when neeeflity requires it, neverthelefs, whenever any 
 perfon’s property is taken for the ufe of the public, the owner 
 ought to receive an equivalent in money. 
 
 ARTICLE III. 
 
 That all men have a natural and unalienable right to 
 worihip Almighty God, according to the dictates of their 
 own confciences and underfi-andings, as in their opinion fhall 
 be regulated by the word of God : and that no man ought 
 to, or of right can be compelled to attend any religious 
 worfhip, or ereCt or fupport any place of worfhip, or main¬ 
 tain any minifier contrary to the diCIatcs of his confcience, 
 nor can any man be juftly deprived or abridged of any civil 
 right as a citizen, on account of his religious fentiments, or 
 
VERMONT, 
 
 2 I I 
 
 peculiar mode of religious worfhip; and that no authority 
 can, or ought to be veiled in, or afifumed by, any power 
 whatever, that fhali in any cafe interfere with, or in any 
 manner controul the rights of confcience, in the tree exercife 
 ot religious worfhip. Neverthelefs, every fefl or denomina¬ 
 tion of Chriftians ought to obferve the fabbath or Lord’s 
 day, and keep up fome fort of religious worfhip, which to 
 them fhali feem moil agreeable to the revealed will of God. 
 
 ARTICLE IV. 
 
 Every perfon within this Hate ought to find a certain re¬ 
 medy, by having recourfe to the laws, for all injuries or 
 wrongs which he may receive in his perfon, property or cha¬ 
 racter : he ought to obtain right and juilice freely,, and with¬ 
 out being obliged to purchafe it ; completely and without 
 any denial ; promptly and without delay ; conformably to 
 the laws. 
 
 ARTICLE V. 
 
 That the people of this (late by their legal reprefentat: ves, 
 have the foie, inherent, and exclufive right of governing 
 and regulating the internal police of the fame. 
 
 ARTICLE VI. 
 
 That all power being originally inherent in and con fre¬ 
 quently derived from the people, therefore all officers of 
 government, whether Iegifiative or executive, are their 
 truilees and fervants, and at all times, in a legal way, 
 accountable to them. 
 
 ARTICLE VIL 
 
 That government is, or ought to be, inftituted for the 
 common benefit, protection, and fecurity of the people, na¬ 
 tion, or community, and not for the particular emolument or 
 advantage ol any Tingle man, family, or fet of men, who 
 area part only of that commnnity ; and that the community 
 hath an indubitable, unalienable, and indefeafible right to 
 reform or alter government, in fuch manner as fhali he, 
 by that community, judged mod conducive to the public 
 weal. 
 
CONSTITUTION OF 
 
 ARTICLE VIII. 
 
 That all elections ought to be free and without corruption, 
 and that all freemen, having a fufficient, evident, common 
 mttreft with, and attachment to, the community, have a right 
 to elect officers, and be elected into office, agreeably to the 
 regulations made in this conftitutioh. 
 
 # ARTICLE IX. 
 
 That every member of fociety hath a right to be protected 
 in the enjoyment cf life, liberty, and property, and there¬ 
 fore is bound to contribute his proportion towards the ex- 
 pen fc of that protection, and yield his perfonal fervice, 
 when neceffary, or an equivalent thereto, but no part of any 
 perfon’s property can be juftly taken from him, or applied to 
 public ufes, without his own confent, or that of the repre- 
 fentative body of the freemen ; nor can any man who is con- 
 feientioufiy fcrupulous of bearing arms, be juftly compelled 
 thereto, if he will pay fuch equivalent ; nor are the people 
 bound by any law but fuch as they have in like manner affected 
 to, for their common good : and previous to ary law being 
 made to raife a tax, the purpofe for which it is to be raifed 
 ought to appear evident to the Legiflature, to be of more fer¬ 
 vice to the community than the money would be if not 
 coile&ed. 
 
 ARTICLE X. 
 
 That in all profecutions for criminal offences, a perfon hath 
 a right to be heard by himfelf and his counfel ; to demand 
 the caufe and nature of his accufation ; to be confronted 
 w ith the witneffes ; to call for evidence in his favour, and a 
 fpeedy public trial by an impartial jury of the country ; 
 without the unanimous confent of which jury, he cannot be 
 found guilty ; nor can lie be compelled to give evidence 
 againft. himfelf; nor can any perfon be juftly deprived of his 
 liberty except by the laws of the land, or the judgment of 
 his peers, 
 
 ARTICLE XI. 
 
 That the people have a right to hold themfeives, their 
 houfes, papers, and poffeffions, free from fearch or feizure ; 
 and therefore warrants, without oath or affirmation ftrft made. 
 
VERMONT. 
 
 2.1 j 
 
 affording fufficient foundation for them, and whereby any 
 officer or meffenger may be commanded or required to fearch 
 fufpedled places, or to feize any perfon or perfons, his, her or 
 their property,, not particularly deferibed, are contrary to that 
 right, and ought not to be granted.. 
 
 ARTICLE XII. 
 
 That when any iffue in fadt, proper for the cognizance of 
 a jury is joined in a court of law, the parties have a right to 
 trial by jury, which ought to be held facred.. 
 
 _ 
 
 ARTICLE XIII. 
 
 That the people have a right to freedom of fpeech, and of 
 writing and publifhing their fentiments, concerning the tranf- 
 adlions of government, and therefore the freedom ol the prefs 
 ought not to be retrained.. 
 
 ARTICLE XIV. 
 
 The freedom of deliberation, fpeech, and debate, in ~the 
 Legifiature, is fo effential to the rights of the people, that it 
 cannot be the foundation of any accufaiion or profecution, 
 adiion or complaint, in any other court or place whatsoever. 
 
 ARTICLE XV. 
 
 The power of fufpending laws, or the execution of laws, 
 ought never to be exercifed but by the Legillature, or by 
 authority derived from it, to be exercifed in fuch particular 
 cafes, as this conllitution, or the Legifiature fhail provide for. 
 
 — 
 
 ARTICLE XVI. 
 
 That the people have a right to bear arms for the defence 
 of themfelves and the {late—and as (landing armies in time 
 of peace are dangerous to liberty, they ought not to be kept 
 up; and that the military fliould be kept under flridl fubor- 
 dination to and governed by the civil power. 
 
 ARTICLE XVII. 
 
 That no perfon in this (late, can in any cafe be fubjedled to 
 law martial, or to any penalties or pains by virtue of that 
 law, except thofe employed in the army, and the militia in 
 adtual fervice. 
 
 r r ^ 
 
 Jk *4 
 
214 CONSTITUTION OF 
 
 ARTICLE XVIII. 
 
 That frequent recurrence to fundamental principles, and 
 firm adherence to juftice, moderation, temperance, induilry, 
 and frugality, are abfolutely neceffary to preferve the blef- 
 hngs of liberty, and keep government free ; the people ought 
 therefore, to pay particular attention to thefe points, in the 
 choice ol officers and reprefentatives, and have a right in a 
 legal way, to exaft a due and conllant regard to them, from 
 their legiilators and magiftrates, in making and executing fuch 
 laws as are neceffary for the good government of the Hate. 
 
 ARTICLE XIX. 
 
 That all people have a natural and inherent right to emi¬ 
 grate from one date to another that will receive them. 
 
 ARTICLE XX. 
 
 That the people have a right to affemble together to con¬ 
 sult for their common good—to inilruCl their reprefentatives 
 —and apply to the Legiflature for redrefs of grievances, by 
 addrefs, petition, or remonftrance. 
 
 ARTICLE XXI. 
 
 That no perfon {hall be liable to be tranfporfced out of this 
 date for trial for any offence committed within the fame. 
 
 CHAP. II. 
 
 PLAN OR FRAME OF GOVERNMENT. 
 
 Section i. THE commonwealth, or ilate of Vermont, 
 fhall be governed hereafter, by a Governor, (or Lieutenant- 
 Governor) Council, and an Affembly of the Reprefentatives 
 of the freemen of the fame, in manner and form following : 
 
 Sect. 2. The fupreme legillative power {Fall be veiled in 
 a Houfe of Reprefentatives of the freemen of the common¬ 
 wealth, or date of Vermont. 
 
 Sect. 3. The Supreme executive power fhall be veiled in 
 a Gov ernor, or, in his abfcnce, a Lieutenant-Governor, and 
 Council. 
 
VERMONT. 
 
 Sect. 4. Courts of juftice fhall be maintained in every 
 county in this (late, and alfo in new counties, when formed ; 
 which courts fhall be open for the trial of all caufes proper 
 for their cognizance ; and juftice fhall be therein impartially 
 adminiltered, without corruption, or unneceffary delay. The 
 Judges of the Supreme Court fhall be Juftices of the Peace 
 throughout the ftate ; and the feveral Judges of the County 
 Courts, in their refpecHve counties, by virtue of their office, 
 except in the trial of fuch caufes as may be appealed to the 
 County Court. 
 
 Sect. 5. A future Legiflature may, when they fhall con¬ 
 ceive the fame to be expedient and neceffary, ereft a Court of 
 Chancery, with fuch powers as are ufually exercifed by that 
 court, or as fhall appear for the intereft of the commonwealth 
 — Provided, they do not conftitute themfelves the Judges of 
 the faid court. 
 
 Sect. 6 . The Legiflative, Executive, and Judiciary, 
 Departments, fhall be feparate and diftinft, fo that neither 
 -exercife the powers properly belonging to the other. 
 
 Sect. 7. In order that the freemen of this ftate might 
 enjoy the benefit of election, as equally as may be, each 
 town within this ftate, that conftfts, or may confift of eighty 
 taxable inhabitants, wdthin one feptenary or feven years next 
 after the eftabliftiing this conftitution, may hold elections 
 therein, and chufe each two reprefcntatives; and each other 
 inhabited town in this ftate, may, in like manner, chufe each 
 one Reprefentative, to reprefent them in General Aftembly, 
 during the faid feptenary, or feven years ; and after that, 
 teach inhabited town may, in like manner, hold fuch eledion, 
 and chufe each one Reprefentative forever thereafter. 
 
 Sect. 8 . The Houfe of Reprefentatives of the freemen of 
 this ftate, fhall confift of perfons moft noted for wifdom and 
 virtue, to be chofen by ballot, by the freemen of every town 
 in this ftate, refpeclively, on the firft Tuefday of September 
 annually, forever. 
 
 Sect. 9. The Reprefentatives fo chofen (a majority of 
 whom fhail conftitute a quorum for tranfadiing any other 
 bufinefs than railing a ftate tax, for which two-thirds of the 
 members elected lhail be prefent) fhall meet on the fecond 
 Thurfday of the fucceeding October, and fhall be ftiled The 
 General AJfembly of the fate of Vermont ; they fhall have 
 po wer to chufe their Speaker, Secretary of ftate, their Clerk 
 
CONSTITUTION OF 
 
 216 
 
 and other neceft'ary officers of the Houfe—fit on their own 
 adjournments—prepare bills, and enaft them into laws—- 
 judge of the elections and qualifications of their own mem¬ 
 bers : they may expel members,, but not for caufes known to 
 their conftituents antecedent to their election: they may 
 adminifter oaths and affirmations in matters depending before 
 them—red refs grievances—impeach fate criminals—grant 
 charters of incorporation—conftitute towns, boroughs, cities,, 
 and counties : they may annually, on their firft feffion after 
 their eleftion, ia conjunction with the Council, (oroftenerif 
 need be) eleft Judges of the Supreme and feveral County and 
 Probate Courts, Sheriffs and Juft ices of the Peace; and alfo with 
 the Council may eleft Major-Generals, and Brigadier-Gene¬ 
 rals, from time to time, as often as there fhall be occafion : 
 and they fhall have all other powers neceffary for the Le- 
 giftature of a free and fovereign ftate : but they fhall have 
 no power to add to, alter, abolifh, or infringe any part of 
 this conflitution. 
 
 Sect. 10. The Supreme Executive Council of this ftate, 
 fhall confift of a Governor, Lieutenant-Governor, and twelve 
 perfons, chofen in the following manner, viz. The freemen 
 of each toum (hall, on the day of the election for chufing 
 Reprefentaiives to attend the General Affembly, bring in 
 their votes for Governor, with his name fairly written, to 
 the Conftable, who fhall feal them up, and write on them. 
 Votes for the Governor y and deliver them to the Reprefenta- 
 tives chofen to attend the General Affembly; and at the 
 opening of the General Affembly,. there fhall be a com¬ 
 mittee appointed out of the Council and Affembly, who r 
 after being duly fwom to the faithful difcharge of their iruft, 
 lhall proceed to receive, fort, and count the votes for the 
 Governor, and declare the perfon who has the major part of 
 the votes, to be Governor for the year enfuing. And if there 
 be no choice made, then the Council and General Affembly, 
 by their joint ballot, fhall make choice of a Governor. The 
 Lieutenant-Governor and Treafurer fhall be chofen in the 
 manner above directed. And each freeman fhall give in 
 twelve votes for twelve Councillors, in the fame manner, 
 and the twelve higheft in nomination fhall ferve for the en¬ 
 fuing year as Councillors. 
 
 Sect. ii. The Governor, and in his abfence, the Lieu¬ 
 tenant-Governor, with the Council, (a major part of whom. 
 
VERMONT. 
 
 217 
 
 including the Governor, or Lieutenant-Governor, fnall be a 
 quorum to tranfaft bufinefs) (hall have power to commiffion 
 all officers—and alfo to appoint officers, except where provi- 
 fion is, or fhall be otherwife made by law, or this frame of 
 government—and (hall fupply every vacancy in any office, 
 occafioned by death or otherwife, until the office can be filled 
 in the manner directed by law or this conftitution. 
 
 They are to correfpond with other flates—tranfaft bufinefs 
 with officers of government, civil and military—and to pre¬ 
 pare fuch bufinefs as may appear to them neceiTary to lay 
 before the General Affembly. They fhall fit as judges to 
 hear and determine on impeachments, taking to their affifl- 
 ance, for advice only, the Judges of the Supreme Court. 
 And fhall have power to grant pardons and remit fines, in all 
 cales whatfoever, except in treafon and murder; in which 
 they fhall have power to grant reprieves, but not to pardon, 
 until after the end of the next feffion of Affembly ; and ex¬ 
 cept in cafes of impeachment, in which there fhall be no 
 remiffion or mitigation of punifhment, but by a£t of legis¬ 
 lation. 
 
 They are alfo to take care that the laws be faithfully 
 executed. They are to expedite the execution of fuch mea- 
 fures as may be refolved upon by the General Affembly. 
 And they may draw upon the treafury for fuch fums as may 
 be appropriated by the Houfe of Reprefentatives. They may 
 alio lay embargoes, or prohibit the exportation of any com¬ 
 modity, for any time not exceeding thirty days, in the 
 recefs of the Houfe only. They may grant fuch licences as 
 fhall be directed by law; and (hall have power to call toge¬ 
 ther the General Alfembly, when neceffiary, before the day to 
 which they fhall Hand adjourned. The Governor fhall be 
 Captain General and Commander in Chief of the forces of 
 the date, but fhall not command in perfon, except advifed , 
 thereto by the Council, and then only fo long as they fhall 
 approve thereof. And the Lieutenant-Governor fhall, by 
 virtue of his office, be Lieutenant-General of all the forces 
 of the (late. The Governor, or Lieutenant-Governor, and the 
 Council, fhall meet at the time and place with the General 
 Affembly : the Lieutenant-Governor fhall, during the pre- 
 fcnce of the Commander in Chief, vote and a<ff as one of the 
 Council: and the Governor, and in his abfence the Lieute- 
 
CONSTITUTION OF 
 
 21 S 
 
 mrit-Governor, fnali, by virtue of their offices, prefide in 
 Council, and have a calling but no other vote. Every mem¬ 
 ber of the Council (hall be a Juftice of the Peace for the whole 
 date, by virtue of his office. The Governor and Council fhali 
 have a Secretary, and keep fair books of their proceedings, 
 wherein any Councillor may enter his diffent, with his rea¬ 
 sons to fupport it ; and the Governor may appoint a Secretary 
 for himfelf and his Council. 
 
 Sect. 12. The Reprefentatives having met, and chofenr 
 their Speaker and Clerk, fhali each of them, before they pro¬ 
 ceed to bufmefs, take and fubfcribe, as well the oath or affir¬ 
 mation of allegiance hereinafter directed, (except where they 
 fhali produce certificates of their having heretofore taken 
 and fubferibed the fame) as the following oath or affirmation,, 
 viz. 
 
 i( You- —do folemnly fwear (or affirm) that 
 
 as a member of this Aflembly, you will not propofe, or aflent. 
 to any bill, vote, or refolution, which (hall appear to you 
 injurious to the people,, nor do or con fen t to any ad or thing 
 whatever, that fhali have a tendency to leflen or abridge 
 their rights and privileges, as declared by the conftitution of 
 this (late ; but will,, in all things,, condud yourfelf as a faith¬ 
 ful, honed Reprefentative* and guardian of the people, 
 according to the bell of your judgment and abilities, (in cafe 
 of an oath) fo help you God.. (And in cafe of an affirmation) 
 under the pains and penalties of perjury.” 
 
 Sect.. 13. The doors of the houfe in which the General 
 Affemblv of this commonwealth fhali fit, fhali be open for 
 the admiffion of all perfons who behave decently, except only 
 when the welfare cf the date may require them to be fhut. 
 
 Sect. 13.. The votes and proceedings of the General 
 Aflembly fhali be printed (when one-third of the members 
 think it neceflary) as foon as convenient after the end of each 
 feffion,, with the yeas and nays on any queftion, when required 
 by any member (except where the votes fhali be taken by bal¬ 
 lot.) in which cafe every member fhali have a right to infert 
 the reafons of his vote upon the minutes. 
 
 Sect. 15. The flile of the laws of this date in future to 
 be pafled, fhali be, It is hereby enafted by the General Ajfembly 
 of the fate ef Vermont . 
 
 Sect. 16. To the end that laws, before they are enaded^ 
 may be more maturely confidered, and the inconvenience of 
 
VERMONT. 
 
 219 
 
 hafty determinations as much as poffible prevented, all bills 
 which originate in the AfTembly, fhall be laid before the Go¬ 
 vernor and Council for their revifion and concurrence, or pro- 
 pofals of amendment ; who (hall return the fame to the 
 AfTembly, with their propofals of amendment, if any, in 
 writing ; and if the fame are not agreed to by the Affembly, 
 it fhall be in the power of the Governor and Council to fuf- 
 pend the palling of fuch bills until the next felfion of the 
 Legiflature. Provided, that if the Governor and Council 
 fhall neglect or refufe to return any fuch bill to the AfTembly, 
 W'ith written propofals of amendment, within live days, or 
 before the rifing of the Legiflature, the fame fhall become a 
 law. 
 
 Sect. 17. No money fhall be drawn out of the treafury, 
 unlefs firfl appropriated by aft of Legiflation. 
 
 Sect. 18. No perfon fhall be eledled a Reprefentative, 
 until he has relided two years in this date ; the laft of which 
 fhall be in the town for which he is elefted. 
 
 Sect. 19. No member of the Council, or Houfe of Re- 
 prefentatives, fhall, diredtly or indire&ly, receive any fee or 
 reward, to bring forward or advocate any bid, petition, or 
 other bufinefs, to be tranfadxed in the Legiflature ; or advo¬ 
 cate any caufe, as Council, in either Houfe of legiflation, 
 except when employed in behalf of the date. 
 
 Sect. 20. No perfon ought, in any cafe, or in any time, 
 to be declared guiity of treafen or felony, by the Legiflature. 
 
 Sect. 2 r. Every man, of the full age of twenty-one years, 
 having refided in this flate for the fpace of one whole year 
 next before the eledlion of Reprefentatives, and is of a quiet 
 and peaceable behaviour, and will take the following oath 
 or affirmation, fhall be endued to all the privileges of a free¬ 
 man of this flate. 
 
 You folemnly fwear (or affirm) that whenever you give 
 your vote or fuffrage, touching any matter that concerns the 
 flate of Vermont, you will do it fo as in your confcience you 
 fhall judge will mod conduce to the bed good of the fame, 
 as eftablifhed by the conftitution, without fear or favour of 
 any man.” 
 
 Sect. 22. The inhabitants of this date fhall be trained 
 and armed for its defence, under fuch regulations, redri<flions, 
 and exceptions, as Congrefs, agreeably to the conditution of 
 
220 
 
 CONSTITUTION OF 
 
 the United States, and the Legiflature of this ftate fhall 
 direft. The feveral companies of militia dial!, as often as 
 vacancies happen, eleft their captain and other officers, and 
 the captains and fubalterns fin all nominate and recommend the 
 field officers of their refpeftive regiments, who fhall appoint 
 their ftaff officers. 
 
 Sect. 23. All commiffions fhall be in the name of the 
 freemen of the ftate of Vermont, fealed with the ftate feal, 
 figned by the Governor, and in his abfence the Lieutenant- 
 Governor, and attefted by the Secretary ; which feal fhall 
 be kept by the Governor. 
 
 Sect. 24. Every officer of ftate, whether judicial or ex¬ 
 ecutive, fhall be liable to be impeached by the General 
 Affembiy, either when in office, or after his refignation or 
 removal for mal-adminiftration. All impeachments fnall be 
 before the Governor, or Lieutenant-Governor, and Council, 
 who fhall hear and determine the fame, and may award cofts; 
 and no trial or impeachment fhall be a bar to a profecution 
 at law. 
 
 Sect. 23. As every freeman, to preferve his independence 
 (if without a fufficient eftate) ought to have fome profeftion, 
 calling, trade or farm, whereby he may honeftly fubfift, there 
 can be no neceftity for, nor ufe in, eftablifhing offices of profit, 
 the ufual effefts of which are dependence and fervilitv, un¬ 
 becoming freemen in the poffeffors or expectants, and faction, 
 contention and difoord among the people. But if any man is 
 called into public fervice to the prejudice of his private affairs 
 he has a right to a reafonable compenfation ; and whenever 
 an office through increafe of fees or otherwife, become fo 
 profitable as to occafion many to apply for it, the profits ought 
 to be leiTened by the Legiflature. And if any officer fhall 
 wittingly and wilfully, take greater fees than the law allows 
 him, it fhall ever after difqualify him from holding any office 
 in this ftate, until he fhall be reftored by aft of legiflation. 
 
 Sect. 26. No perfon in this ftate fhall be capable of 
 holding or exercifing more than one of the following offices 
 at the fame time, viz. Governor, Lieutenant-Governor, judge 
 of the Supreme Court, Treafurer of the ftate, member of the 
 Council, member of the General Affembiy, Surveyor-General, 
 or Sheriff. Nor fhall any perfon, holding any office of profit 
 or truft under the authority of Congrefs, be eligible to any 
 
VERMONT, 
 
 ty 'j r 
 
 appointment in the Legiflature, or of holding any executive' 
 or judiciary office under this Hate. 
 
 Sect. 27. The Treafurer of the Hate (hall, before the 
 Governor and Council, give fufficient fecurity to the Secre¬ 
 tary of the State, in behalf of the General Afiembly ; and 
 each High Sheriff before the firft Judge of the County Court, 
 to the Treafurer of their refpedive counties, previous to 
 their refpedively entering upon the execution of their offices, 
 in fuch manner, and in fuch fums, as (hall be direded by the 
 Legiflature. 
 
 Sect. 28. The Treafurcr’s accounts fliall be annually au¬ 
 dited, and a fair ftate thereof laid before the General Aftembly, 
 at their feffion in Odober. 
 
 Sect. 29. Every officer, whether judicial, executive, or 
 military, in authority under this ftate, before he enters upon 
 the execution of his office, fliall take and fubferibe the fol¬ 
 lowing oath or affirmation of allegiance to this ftate (unlefs 
 he fhall produce evidence that he has before taken the fame) 
 and alfo the following oath or affirmation of office, except 
 military officers, and fuch as fliall be exempted by the 
 Legiflature. 
 
 The Oath or Affirmation of Allegiance, 
 
 <( You do folemnly fwear (or affirm J that you will be true 
 and faithful to the ftate of Vermont, and that you will not, 
 diredly or indirectly, do any ad or thing injurious to the 
 conftitution or government thereof, as eftablifhed by conven¬ 
 tion. (If an oath J fo help you God. (If an affirmation J un¬ 
 der the pains and penalties of perjury.” 
 
 The Oath or Affirmation of Office . 
 
 “ You-do folemnly fwear (or affirm J that you wifi 
 
 fathfully execute the office of-for the-of-; and 
 
 will therein do equal right andjuftice to all men, to the beft 
 of your judgment and abilities, according to law. (If an 
 oathj fo help you God. (If an affirmation j under the pains 
 and penalties of perjury.” 
 
 Sect. 30. No perfon fhall be eligible to the office of Go¬ 
 vernor or Lieutenant-Governor, until he fliall have refided in 
 this ftate four vears next preceding the day of his eledion. 
 
 U 
 
222 
 
 CONSTITUTION OF 
 
 Sect. 31. Trials of iffues, proper for the cognizance of 
 a jury, in the Supreme and County Courts, (hall be by jury, 
 except where parties othervvife agree; and great care ought 
 to be taken to prevent corruption or partiality in the choice 
 and return, or appointment of juries. 
 
 Sect. 32. All profecutions (hall commence, By the autho¬ 
 rity of the fate of Vermont —all indi&ments (hall conclude with 
 thefe words, agaltf the peace and dignity of the fate . And ali 
 fines (hall be proportioned to the offences. 
 
 Sect. 33. The perfon of a debtor, where there is not 
 (Irong prefumption of fraud, (hall not be continued in prifon 
 after delivering up and affigning over, bona fde , all his eliate, 
 real and perfonal, in pofleflion, reverfionor remainder, for the 
 ufe of his creditors, in fuch manner as (hall be hereafter 
 regulated by law. And all prifoners, unlefs in execution, or 
 committed for capital offences, when the proof is evident or 
 prefumption great, (hall be bailable by fufficient fureties ; nor 
 (hall exceffive bail be exa&ed for bailable offences. 
 
 Sect. 34. All ele&ions, whether by the people or the 
 Legiflature, (hall be free and voluntary : and any eleftor, 
 who lhall receive any gift or reward for his vote, in meat, 
 drink, monies, or othervvife, (hall forfeit his right to ele& 
 at that time, and fuller fuch other penalty as the law (hall 
 direft; and any perfon who (hall dire&ly, or indirectly, 
 give, promife or beftow, any fuch rewards to be ele&cd, 
 (hall thereby be rendered incapable to ferve for the enfuing 
 year, and be fubjedt to fuch further punifhment as a future Le¬ 
 giflature fhall direft. 
 
 Sect. 35. All deeds and conveyances of land (hall be 
 recorded in the Town Clerk’s office, in their refpeftive 
 towns; and for want thereof, in the County Clerk’s office of 
 the fame county. 
 
 Sect. 36. The Legiflature (hall regulate entails in fuch 
 manner as to prevent perpetuities. 
 
 Sect. 37. To deter more effectually from the commiffion 
 of crimes, by continued vifible punifliments of long duration, 
 and to make fanguinary punifhments lefs neceffary, means 
 ought to be provided for punching by hard labour, thofe who 
 fhall be convifted of crimes not capital, whereby the criminal 
 fhall be employed for the benefit of the public, or for the 
 reparation of injuries done to private perfons ; And all perfons 
 
VERMONT. 
 
 223 
 
 21 proper times, ought to be permitted to fee them at their 
 labour. 
 
 Sect. 38. The eftates of filch perfons as may deftroy 
 their own lives, (hall not, for that offence, be forfeited, but 
 defeend or afeend in the fame manner, as if fuch perfons had 
 died in a natural W2V. Nor (hail any arricle, which fhall 
 accidentally cccalion the death of any perfon, be henceforth 
 deemed a deodand, or in any wife forfeited on account of fush 
 misfortune. 
 
 Sect. 39. Every perfon, of good character, who comes 
 to fettle in this ft ate, having fir ft taken an oath or affirma¬ 
 tion of allegiance to the fame, may purcliafe, or by other 
 juft means acquire, hold, and transfer land, or other real 
 eftate ; and after one year’s refidence, (hall be deemed a free 
 denizen thereof, and entitled to all rights of a natural born 
 fubjeft of this ftate, except that he fhall not be capable of 
 being elefted Governor, Lieutenant-Governor, Treafurer, 
 Councillor, or Reprefentative in Afiembly, until after two 
 years refidence. 
 
 Sect. 40. The inhabitants of this ftate fhall have liberty 
 in feafonable times, to hunt and fowl on the lands they hold, 
 and on other lands not inclofed ; and in like manner to fifli in 
 all boatable and other waters (not private property) under 
 proper regulations, to be hereafter made and provided by the 
 General Affemblv. 
 
 Sect. 41. Laws for the encouragement of virtue and 
 prevention of v-ice and immorality, ought to be conftantly 
 kept in force, and duly executed : And a competent number 
 of fchools ought to be maintained in each town, for the con¬ 
 venient inftruiftion of youth : And one or more grammar 
 fchools be incorporated and properly fupported in each county 
 in this ftate. And all religious focieties or bodies of men, 
 that may be hereafter united or incorporated for the advance¬ 
 ment <.f religion and learning, or for other pious and cha¬ 
 ritable purpofes, fhall be encouraged and protected in the 
 enjoyment of the privileges, immunities, and eftates, which 
 they in juftice ought to enjoy, under fuch regulations as the 
 General Affembly of this ftate fhall diretfr. 
 
 Sect. 42. The declaration of the political rights and 
 vileges of the inhabitants of this ftate is hereby declared 
 
 pn 
 
CONSTITUTION OF 
 
 2-24 
 
 to be a part of the conftitution of this commonwealth ; and 
 ought not to be violated, on any pretence whatfoever. 
 
 h e c t . 43. In order that the freedom of this commonwealth 
 may be preferved inviolate forever, there fhall be chofen, by 
 ballot, by the freemen of this Hate, on the laft Wednefday in 
 March, in the year one thoufand feven hundred and ninety- 
 nine, and on the laft Wednefday in March in every feven years 
 thereafter, thirteen perfons, who (hail be chofen in the fame 
 manner the Council is chofen, except they (hall not be out of 
 the Council or General Aflembly, to be called the Council of 
 Cenfors; who fhall meet together on the firft Wednefday in 
 June next enfuing their election, the majority of whom (hall 
 be a quorum in every cafe, except as to calling a convention, 
 in which two-thirds of the whole number ele&ed (hall agree : 
 and whofe duty it (hall be to enquire, whether the conftjtu- 
 tion has been preferved inviolate in every part, during the 
 laft feptenary, (including the year of their fervicc) ; and 
 whether the legislative and executive branches of government 
 have performed their duty, as guardians of the people, or 
 a (Turned to themfeives, or exercifed, other or greater powers 
 than they are entitled to by the conftitution.—They are 
 aifo to enquire, whether the public taxes have been juftly 
 laid and colle&ed in all parts of this commonwealth—in 
 what manner the public monies have been difpofed of—and 
 whether the laws have been duly executed.—For thefe pur- 
 pofes they (hall have power to fend for perfons, papers, and 
 iecords—they (hall have authority to pafs public cenfures, to 
 order impeachments, and to recommend to the Lcgillature 
 the repealing fuch laws as (hall appear to them to have been 
 paiTed contrary to the principles of the conftitution : Thefe 
 powers they (hall continue to have for and during the fpace of 
 one year from the day of their ele&ion, and no longer. The 
 faid Council of Cenfors (hall alfo have power to call a con¬ 
 vention, to meet within two years after their fitting, if there 
 appears to them an abfolute neceflity of amending any article 
 of this conftitution, which may be defective—explaining 
 fuch as may be thought not clearly exprefled—and of adding 
 fuch as are neceftary for the preservation of the rights and 
 happinefs of the people ; but the articles to be amended, and 
 the amendments propjfed, and fuch articles as are propofed to 
 
TENNESSEE. 
 
 225 
 
 be added or abolifhed, {hall be promulgated at lead fix months 
 before the day appointed for the election of fuch convention, 
 for the previous cor.fideration of the people, that they may 
 have an opportunity of inftrufting their Delegates on the 
 fubjefl. 
 
 By ordes <$f Convention, July 9th, 1793. 
 
 THOMAS CHITTENDEN, PrcMcnt, 
 At ted, Lewis R. Morris, Secretary . 
 
 TENNESSEE. 
 
 The CONSTITUTION of the State of Tenneffee , unammoujly 
 efahhjhed hi Convention , at Knoxville , on the Jixth day of 
 J&bruary, one thoufand feven hundred and ninety fix . 
 
 W E, the people of the territory of the United States, 
 fouth of the river Ohio, having the right of admif- 
 fion into the general government as a member Hate thereof, 
 confident with the conftitution of the United States, and the 
 of cefiion of the date of North-Carolina, recognizing the 
 ordinance for the government of the territory of the United 
 States north-wed of the river Ohio, do ordain and edablifh 
 the following conftitution, or form of government: and 
 do mutually agree with each other to form ourfelves into a 
 free and independent date, by the name of THE STATE 
 OF TENNESSEE. 
 
 ARTICLE I. 
 
 Section I. THE legifiative authority of this date, fhall 
 be veded in a General Affembly, which fhall confid of a Se¬ 
 nate and Houfe of P^eprefentatives, both dependent on the 
 people. 
 
 II. Within three years after the firft meeting of the 
 General Affembly, and within every fubfequent term of fe¬ 
 ven years, an enumeration of the taxable inhabitants fhall be 
 made in fuch manner as fhall be directed by law ; the number 
 of Reprefentatives dial!, at the feveral periods of making fuch 
 enumeration, be fixed by the Legislature, and apportioned 
 among the feveral counties, according to th« number of taxa- 
 
 U 2 
 
CONSTITUTION OF 
 
 * 1 & 
 
 ble inhabitants in each ; and fhall never be Iefs than twenty- 
 two, nor greater than twenty-fix, until the number of taxa¬ 
 ble inhabitants fhall be forty thoufand ; and after that event, 
 at fuch ratio that the whole number of Reprefcntatives fhall 
 never exceed forty. 
 
 III. The number of Senators fhall, at the feveral periods 
 of making the enumeration before mentioned, be fixed by the 
 Legiflature, and apportioned among the diftri&s, formed as 
 hereinafter dire&ed, according to the number of taxable in¬ 
 habitants in each, and fhall never be lefs than one-third, nor 
 more than one-half of the number of Reprefentatives. 
 
 IV. The Senators fhall be chofen by diftrifts, to be formed 
 by the Legiflature, each diftrift containing fuch a number of 
 taxable inhabitants, as fhall be entitled to cleft not more than 
 three Senators. When a diftrift fhall be compofed of two or 
 more counties, they fhall be adjoining, and no county fhall 
 be divided in forming a diftrift. 
 
 V. The firfl election for Senators and Reprefentatives, fhall 
 commence on the fecond Thurfday of March next, and fhall 
 continue for that, and the fucceeding day : and the next elec¬ 
 tion fhall commence on the firfl Thurfday of Auguft, one 
 thoufand feven hundred and ninety-feven, and fhall continue 
 on that and the fucceeding day : and forever after, eleftions 
 fhall be held once in two years, commencing on the firfl 
 Thurfday in Auguft, and terminating the fucceeding day. 
 
 VI. The firft feflion of the General Aftembly fhall com¬ 
 mence on the laft Monday of March next. The fecond on 
 the third Monday of September, one thoufand feven hun¬ 
 dred and ninety-feven. And forever after, the General Af- 
 fembly iliall meet on the third Monday of September next 
 enfuing the then eleftion, and at no other period, unlefs as 
 provided for by this conflitution. 
 
 VII. That no perfon fhall be eligible to a feat in the Ge¬ 
 neral Aftembly unlefs he fhall have relidcd three years in the 
 ftate, and one year in the county immediately preceding the 
 election, and fhall poflefs in his own right in the county which 
 he reprefents, not lefs than two hundred acres of land, and 
 lhall have attained to the age of twenty-one years. 
 
 VIII. The Senate ard Houfe of Reprefentatives, when 
 afiembled, fhall each choofe a Speaker and its other officers, 
 be judges of the qualifications and eleftions of ita Meur- 
 
TENNESSEE. 
 
 •227 
 
 bers, and fit upon its own adjournments from day to day. 
 Two-thirds of each Houfe fliall conftitute a quorum to do bu- 
 ftnefs : but a {mailer number may adjourn from day to day, 
 and may be authorized by law, to compel the attendance of 
 abfent Members. 
 
 IX. Each Houfe may determine the rules of its proceed- 
 ings, punifh its Members for diforderly behaviour, and with 
 the concurrence of two-thirds, expel a Member, but not a fe- 
 cond time for the fame offence, and (hall have all other pow¬ 
 ers neceflary for the Legiflature of a free ftate, 
 
 X. Senators and Reprefentatives, {hall in all cafes, except 
 treafon, felony, or breach of the peace, be privileged from 
 arreft during the feflion of the General Affembly, and in go¬ 
 ing to and returning from the fame ; and for any fpeech or 
 debate in either Houfe, they fliall not be quellioned in any 
 other place. 
 
 XI. Each Houfe may punifh, by imprifonment, during- 
 their feflion, any perfon, not a Member, who {hall be guilty 
 of difrefpeft to the Houfe, by any diforderly or contemptuous- 
 behaviour in their prefence, 
 
 XII. When vacancies happen in either Houfe, the Govern¬ 
 or, for the time being, {ball iffbe writs of election to fill fuch 
 vacancies. 
 
 XIII. Neither Houfe {ball, during their feflion, adjourn 
 without confent of the other,, for more than three days, nor 
 to any other place than that in which the two Houfes fnall 
 be fitting. 
 
 XIV. Bills may originate in either Houfe, but may be 
 amended, altered, or rejected by the other. 
 
 XV. Every bill (hall be read three times, on three different 
 days, in each Houfe, and be figned by the refpedive Speak¬ 
 ers before it become a law, 
 
 XVI. After a bill has been rejected, no bill containing the 
 fame fubftance, {hall be palled into a law during the lame 
 feflion. 
 
 XVII. The ftyle of the laws of this ftate, fhall be. Be it 
 enatted. by the General Affembly of the fate of Tennejfee . 
 
 XVIII. Each Houfe {hall keep a journal of its proceedings, 
 and publifh them, except fuch parts as the welfare of the ftate 
 ©ay require to be kept fecret, And the yeas and nays of the 
 
CONSTITUTION OF 
 
 c 28 
 
 Members on any queftion, (hall, at the requeft of any two of 
 them, be entered on the journals. 
 
 XIX. The doors of each Houfe, and committees of the 
 whole, (hall be kept ©pen, unlefs when the bufinefs fhall be 
 fuch as ought to be kept fecret. 
 
 XX. The Legiilature of this Hate (hall not allow the fol¬ 
 lowing officers of government greater annual falaries than as 
 follows, until the year one thoufand eight hundred and four, 
 to 
 
 The Governor not more than feven hundred and fifty dol¬ 
 lars. 
 
 The Judges of the Superior Courts, not more than fix hun¬ 
 dred dollars each. 
 
 The Secretary not more than four hundred dollars. 
 
 The Treafurer or Treafurers, not more than four per cent . 
 for receiving and paying out all monies. 
 
 The Attorney or Attorneys for the (late (hall receive aeom- 
 penfation for their fervices, not exceeding fifty dollars for 
 each Superior Court which he (hall attend. 
 
 No Member of the LegiOature (hall receive more than one 
 dollar and feventy-five cents per day, nor more for every 
 twenty-five miles he (hall travel in going to and returning 
 from the General Affembly. 
 
 XXI. No money (hail be drawn from the treafury, but in 
 confequence of appropriations made by law. 
 
 XXII. No perfon who heretofore hath been, or hereafter 
 may be a colleftor or holder of public monies, (hall have a 
 feat in either Houfe of the General Affembly, until fuch 
 perfon (hall have accounted for, and paid into the treafury, 
 all fums for which he may be accountable or liable. 
 
 XXIII. No Judge of any court of law or equity, Se¬ 
 cretary of State, Attorney General, Regifter, Clerk of any 
 Court of Record, or perfon holding any office under the au¬ 
 thority of the United States, (hall have a feat in the General 
 Affembly ; nor fhall any perfon, in this date, hold more 
 than one lucrative office at one and the fame time ; provided 
 that no appointment in the militia, or to the office of a Juf- 
 tice of the Peace, (hall be confidered as a lucrative office. 
 
 XXIV. No Member of the General Affembly fhall be 
 eligible to any office or place of truft, except to the office of 
 a Juftice of tjje Peace, or truftee of any literary inflitution, 
 
TENNESSEE. 
 
 229 
 
 where the power of appointment to fuch office or place of 
 trull, is veiled in their own body. 
 
 XXV. Any Member of either Houfe of the General Af- 
 ferubly, lhall have liberty to dilfent from, and protell againft, 
 any aft or refolve which he may think injurious to the public 
 or any individual, and have the reafons of his dilfent entered 
 on the journals. 
 
 XXVI. All lands liable to taxation, in this Hate, held by 
 deed, grant or entry, (hall be taxed equal and uniform, in 
 fuch manner, that no one hundred acres lhall be taxed higher 
 than another, except town lots, which lhall not be taxed 
 higher than two hundred acres of land each ; no freeman, 
 (hall be taxed higher than one hundred acres, and no Have 
 higher than two hundred acres on each poll. 
 
 XXVII. No article manufactured of the produce of this 
 date, lhall be taxed otherwife than to pay infpeftion fees. 
 
 ARTICLE II. 
 
 I. The Supreme. Executive Power of this date, lhall be 
 veiled in a Governor. 
 
 II. The Governor lhall be ckofen by the ele&ors of the 
 Members of the General Alfembly, at the times and places 
 where they (hall refpe&ively vote for the members thereof. 
 The returns of every eledlion for Governor lhall be fealed up, 
 and tranfmitted to the feat of government, by the returning 
 officers, directed to the Speaker of the Senate, who lhall 
 crpen and publifh them in the prefence of a majority of the 
 Members of each Houfe of the General Alfembly. The per- 
 fon having the higheft number of votes, lhall be Governor ; 
 but if two or more lhall be equal, and higheft in votes, one 
 of them lhall be chofen Governor by joint ballot of both 
 Houfes of the General Alfembly. Contefted eleflions for 
 Goveraor, lhall be determined by both Houfes of the Gene¬ 
 ral Alfembly, in fuch manner as lhall be prefcribed by law. 
 
 III. He lhall be at leaft twenty-five years of age, andpof- 
 fefs a freehold eftate of five hundred acres of land, and have 
 been a citizen or inhabitant of this Hate four years next before 
 his eleflion, unlefs he lhall have been abfent on the public 
 bufinefs of the United States, or of this Hate. 
 
 IV. The firft Governor lhall hold his office until the fourth 
 Tuefday of September, one thoufand feven hundred and 
 
CONSTITUTION OF 
 
 ninety-feven, and until another Governor (hall be elefted and 
 qualified to office; and forever after, the Governor fhail hold 
 his office for the term of two years, and until another Governor 
 (ball be ele&ed and qualified ; but fhail not be eligible more 
 than fix years in any term of eight. 
 
 V. He fhail be Commander in Chief of the army and navy 
 of this ftate, and of the militia, except when they (hall be 
 tailed into the fervice of the United States. 
 
 VI. He fhail have power to grant reprieves and pardons, 
 after conviHion, except in cafes of impeachment. 
 
 VII. He fhail, at ftated times, receive a compenfation for 
 his fervices, which (hall not be increafed or diminifhed dur¬ 
 ing the period for which he (hall have been elected. 
 
 VIII. He may require information in writing, from the 
 officers in the executive department, upon any fubjeft relating 
 to the duties of their refpediva offices. 
 
 IX. He may, on extraordinary occafions, convene the Ge¬ 
 neral Aflembly by proclamation, and fhail ftate to them, when 
 aflembled, the purpofe for which they fhail have been con¬ 
 vened. 
 
 X. He fhail take care that the laws fhail be faithfully ex¬ 
 ecuted. 
 
 XI. He fhail, from time to time, give to the General Af- 
 fembly information of the ftate of the government, and re¬ 
 commend to their confideration fuch meafures as he fhail 
 judge expedient. 
 
 XII. In cafe of his death, or refignation, or removal from 
 office, the Speaker of the Senate fhail exercife the office of 
 Governor until another Governor fhail be duly qualified. 
 
 XIII. No Member of Congrefs, or perfon holding any 
 office under the United States, or this ftate, fhail execute the 
 office of Governor. 
 
 XIV. When any officer, the right of whofe appointment 
 is by this conftitution veiled in the General Aflembly, fhail, 
 during the recefs, die, or his office by other means become 
 vacant, the Governor fhail have power to fill up fuch vacancy 
 by granting a temporary commiffion, which fhail expire at 
 the end of the next feflion of the Legiflature. 
 
 XV. There {hall be a feal of this ftate, which fhail be 
 kept by the Governor, and ufed by him officially, and fhail 
 be called the great feal of the ftate of Tenneflee, 
 
TENNESSEE. 
 
 231 
 
 XVI. All grants and commiffions (hall be in the name and 
 by the authority of the Hate of TennelTee, be fealed with the 
 Hate feal, and figned by the Governor. 
 
 XVII. A Secretary of this Hate fhall be appointed and 
 
 commiffioned during the term cf four year,*;. dial- keep 
 
 a fair regifler of all the official acls anti, c- gs of the 
 
 Governor j and fhall, when required, la> the lame, ard all 
 papers, minutes, and vouchers relative thereto, before the 
 General Affembly, and fhall perform fuch other duties as 
 fhall be enjoined him by law. 
 
 ARTICLE III. 
 
 I. Every freeman of the age of twenty.one years and up¬ 
 wards, poffeffing a freehold in the county wherein he may 
 vote, and being an inhabitant of this Hate, and every free¬ 
 man, being an inhabitant of any one county in the Hate, fix 
 months immediately preceding the day of election, fhall be 
 entitled to vote for Members of the General Affembly, for 
 the county in which he fhall refide. 
 
 II. Eledors fhall, in all cafes, except treafon, felony, or 
 breach of the peace, be privileged from arreft during their 
 attendance at eledions, and in going to and returning from 
 them. 
 
 III. All eledions fhall be by ballot. 
 
 ARTICLE IV. 
 
 I. The Houfe of Reprefentatives fhall have the foie power 
 of impeachment. 
 
 II. All impeachments fhall be tried by the Senate. When 
 fitting for that purpofe, the Senators fhall be upon oath or 
 affirmation. 
 
 III. No perfon fhall be convided, without the concur¬ 
 rence of two thirds of the Members of the whole Houfe. 
 
 IV. The Governor, and all civil officers under this ftate> 
 fhall be liable to impeachment for any mifdemeanor in office ; 
 but judgment, in fuch cafes, fhall not extend further than to 
 removal from office, and difqualification to hold any office 
 of honour, truft, or profit under this ftate. The party fhall, 
 neverthelefs, in all cafes, be liable to indidment, trial, judg¬ 
 ment, and puniftiment, according to law. 
 
constitution of 
 
 ARTICLE V. 
 
 I. The judicial power of the ftate fhall be veiled in fuch 
 fuperior and inferior courts of law and equity, as the Legifla- 
 ture (hall, from time to time, direft and eftablifti. 
 
 II. The General Aftembly fhall by joint ballot of both 
 Houfes, appoint Judges of the feveral courts of law and 
 equity, alfo an Attorney or Attornies for the ftate, who 
 fhall hold their rcfpe&ive offices during good behaviour. 
 
 III. The Judges of the Superior Court fhall, at ftated 
 times, receive a compenfation, for their fervices, to be af- 
 certained by law ; but fhall not be allowed any fees, or per- 
 quifttes of office, nor fhall they hold arry other office of truft 
 or profit under this ftate, or the United States. 
 
 IV. The Judges of the Superior Courts, fhall be Juftices 
 of Oyer and Terminer and General Gaol Delivery, through¬ 
 out the ftate. 
 
 V. The Judges of the Superior and Inferior Courts fhall 
 not charge juries with refpeft to matters of faft, but may 
 ftate the teftimony and declare the law. 
 
 VI. The Judges of the Superior Courts fhall have power, 
 in all civil cafes, to iftue writs of certiorari , to remove any 
 caufe, or a tranfcript thereof, from any Inferior Court of 
 Record into the Superior, on fufficient «aufe fupported by 
 oath or affirmation. 
 
 VII. The Judges or Juftices of the Inferior Courts of law 
 fhall have power, in all civil cafes, to iffue writs of certiorari , 
 to remove any caufe, or a tranfcript thereof, from any infe¬ 
 rior jurifdiftion into their court, on fufficient caufe, fup¬ 
 ported by oath or affirmation. 
 
 VIII. No Judge fhall fit on the trial of any caufe where 
 the parties fhall be connected with him, by affinity or con¬ 
 sanguinity, except by confent of parties. In cafe all the 
 Judges of the Superior Court fhall be interefted in the event 
 of any caufe, or related to all or either of the parties, the 
 Governor of the ftate fhall, in fuch cafe, fpecially commif- 
 fion three men, of law knowledge, for the determination 
 thereof. 
 
 IX. All writs ar*d other procefs, fhall run. In the name of the 
 State of Tennejfee; and bear teft, and be figned by the re- 
 fpe&ive clerks. Indi&ments fhall conclude, Aga'wjl thej>eac e 
 and dignity of the State, 
 
TENNESSEE. 
 
 23- 
 
 X. Each court (hall appoint its own clerk, who may 
 hold his office during good behaviour. 
 
 XI. No fine fhall be laid on any citizen of this date, that 
 fhall exceed fifty dollars, uniefs it fnall be affeffed by a jury 
 of his peers, who (hall affefs the fine at the time they find the 
 faft, if they think the fine ought to be more than fifty dollars. 
 
 XII. There fhall be Juftices of the Peace appointed for 
 each county, not exceeding two for each captain’s company, 
 except for the company which includes the county town, 
 which (hall not exceed three, who lhall hold their offices 
 during good behaviour. 
 
 ARTICLE VI. 
 
 I. There (hall be appointed in each county, by the County 
 Court, one Sheriff, one Coroner, one Truitee, and a fuffi. 
 cient number of Conftables, who fhall hold their offices for 
 two years. They fhall alfo have power to appoint one Re¬ 
 gister and Ranger for the county, who fhall hold their offices 
 during good behaviour. The Sheriff and Coroner (hull be 
 CQinmiffioned by the Governor. ; 
 
 II. There dial! be a Treafurer or Treafurers appointed for 
 the (late, who (hall hold his or their offices for two years. 
 
 III. The appointment of all officers, not otherwife directed 
 by this conftitution, lhall be veiled in the Legiflature. 
 
 ARTICLE VII. 
 
 I. Captains, fubalterns, and non-commiffioned officers, 
 fhall be elected by thofe citizens, in their refpeftive diftricts,. 
 who are fubjeft to military duty. 
 
 II. All field officers of the militia fhall be elected by thofe 
 citizens in their refpeClive counties who are fubjedt to mili¬ 
 tary duty. 
 
 III. Brigadiers General (hall be elected by the field officers 
 of their refpe&ive brigades. 
 
 IV. Majors General fhall be elected by the Brigadie rs and 
 field officers of the refpective divifions. 
 
 V. The Governor fha I appoint the Adjutant General; the 
 
 Majors General fhall appoint their aids; the Brigadiers Ge¬ 
 neral fhall appoint their Brigade Majors, and the command¬ 
 ing officers of regiments, their Adjutants and Quarter Math 
 ters. X 
 
2 34 
 
 CONSTITUTION OF 
 
 VI. The Captains and the fubalterns of the cavalry (hall 
 he appointed by the troops enrolled in their refpedive compa¬ 
 nies, and the field officers of the diftrids fhall be appointed 
 by the faid captains and fubalterns, provided, that whenever 
 any new county is laid off, that the field officers of the faid 
 cavalry fhall appoint the captain and other officers therein, 
 pro tempore , until the company is filled up and completed, at 
 which time the election of the captains and fubalterns (hall 
 take place as afbrefaid. 
 
 VII. The Legifiature fhall pafs laws, exempting citizens, 
 belonging to any fed or denomination of religion, the tenets 
 of which are known to be oppofed to the bearing of arms, 
 from attending private and general mufters. 
 
 ARTICLE VIII. 
 
 I. Whereas the minifters of the gofpel are, by their pro- 
 feffions, dedicated to God and the care of fouls, and ought not 
 to be diverted from the great duties of their functions ; there¬ 
 fore no minifter of the gofpel, orprieft of any denomination 
 whatever, fhall be eligible to a feat in either Houfe of the 
 Legifiature. 
 
 II. No perfon who denies the being of God or a future 
 fate of rewards and pun'ijhments , fhall hold any office in the 
 civil department of this ftate. 
 
 ARTICLE IX. 
 
 I. That every perfon who fhall be chofen or appointed to 
 any office of truft or profit, (hall, before entering on the exe¬ 
 cution thereof, take an oath to fupport the conftitution of 
 this date, and alfo an oath of office. 
 
 II. That each member of the Senate and Houfe of Repre- 
 fentatives, fhall, before they proceed to bufinefs, take an 
 oath or affirmation to fupport the conftitution of this ftate, 
 and alfo the following oath : 
 
 I, A. B , do folemnly fwear (or affirm) that, as a member 
 of this General Afiembly, I will in all appointments vote 
 without favor, aftedion, partiality, or prejudice, and that 
 I will not propofe or aflent to any bill, vote or refolution 
 which fhall appear to me injurious to the people, or confent 
 to any ad or thing whatever, that fhall have a tendency to 
 leflon or abridge their rights and privileges, as declared by 
 the conftitution of this ftate. 
 
■n 1 . 11 — 
 
 TENNESSEE. 
 
 235 
 
 III. Any ele&or who, fhall receive any gift o.r reward for 
 Iiis vote, in meat , drink, money, or otherwife, fhall fuffer 
 fuch punifhment as the laws fhall direft. And any perfon 
 who (hall di redly or indiredly give, promile or bellow any 
 fuch reward to be eleded, fhall thereby be rendered ineapa-' 
 ble, for two years, to ferve in the office for which he was 
 eleded, and be fubjed to fuch further punilhment as the 
 Legiflature fhall dired. 
 
 IV. No new county fhall be eftabiifhed by the General Af~ 
 fembly, which fhall reduce the county or counties, or either 
 
 i of them, from which it fhall be taken, to a lefs content than 
 ' fix hundred and twenty-five fquare miles. Nor (hall any new 
 county be laid off, of lefs contents. All new counties, as to 
 the right of fuffrage and reprefentation,. fhall be confidered 
 as a part of the county or counties from which it was taken 
 until entitled by numbers to the right of representation. No 
 bill (hail be paffed into a law, for the eflabiifhment of a new 
 county, except upon a petition to the General Affembly for 
 that purpofe, figned by two hundred of the free male inha¬ 
 bitants within the limits or bounds of fuch new county 
 prayed to be laid off, 
 
 --- 
 
 ARTICLE X. 
 
 I. Knoxville fhall be the feat of government, until the 
 year one thoufand eight hundred and two. 
 
 II. All laws and ordinances now in force and ufe in this 
 territory, not inconfiftent with this conftitution, fhall conti¬ 
 nue to be in force and ufe in this ftate, until they fliall expire, 
 be altered, or repealed by the Legillature. 
 
 III. That whenever two thirds of the General Affembly 
 fhall think it neceffary to amend or change this conftitution, 
 they fhall recommend to the electors, at the next election for 
 Members to the General Affembly, to vote for or againft a 
 convention; and if it fhall appear that a majority of all the 
 citizens of the ftate, voting for Reprefentatives, have voted 
 for a convention, the General Affembly fhall, at their next 
 feffion, call a convention, to confift of as many Members as 
 there be in the General Affembly, to be chofen in the fame 
 manner, at the fame place, and by the fame electors, that 
 chufe the General Affembly, who fhall meet within three 
 months after the faid election, for the purpofe of reviling, a- 
 mending or changing the conftitution. 
 
CONSTITUTION OF 
 
 236 
 
 IV. The Declaration of rights hereto annexed, is declared 
 to be a part of the conftitution of this date, and (hall never 
 be violated on any pretence whatever. And to guard againft 
 trar.fgreffions of the high powers which we have delegated. 
 We declare, that every thing in the bill of rights contained, 
 and every other right not hereby delegated, is excepted out 
 of the general powers of government, and (hall forever re¬ 
 main inviolate. 
 
 ARTICLE XI. 
 
 DECLARATION OF RIGHTS . 
 
 I. That all power is inherent in the people, and all free 
 gov ernments are founded on their authority, and inftituted 
 for their peace, fafety, and happinefs: for the advancement 
 of thofe ends, they have at all times an unalienable and inde- 
 feafible right to alter, reform, or abolifh the government in 
 filch manner as they may think proper. 
 
 II. That government being inftituted for the common be¬ 
 nefit, the doctrine of non-refiitance againft arbitrary power 
 and oppreflion is abfurd, fiavifh, and deftrudive to the good 
 and happinefs of mankind. 
 
 III. That all men have a natural and indefeafible right to 
 worfhip Almighty God according to the dictates of their 
 own confidences; that no man can of right be compelled to 
 attend, ered or fupport any place of worfhip, or to maintain 
 any miniftry againft his confent; that no human authority can 
 in any cafe whatever controul or interfere with the rights of 
 confcience; and that no preference (hall ever be given by law 
 to any religious eftablifhments or modes of worfhip. 
 
 IV. That no religious teft fhall ever be required as a quali¬ 
 fication to any office or public truft under this ftate. 
 
 V. That eledions fhall be dee and equal. 
 
 VI. That the right of trial by jury fhall remain inviolate. 
 
 VII. That the people fhall be fecure in their perfons, 
 houfes, papers, and pofteffions, from unreafonable fearches, 
 and feizures, and that general warrants, whereby an officer 
 may be commanded to fearch fufpeded places, without evi¬ 
 dence of the fad committed, or to feize any perfon or perfons 
 not named, whofe offences are not particularly deferibed and 
 fupported by evidence, are dangerous to liberty, and ought 
 not to be granted. 
 
TENNESSEE. 
 
 *37 
 
 VIII. That no freeman fhall be taken, or imprifoned, or 
 diffeized of his freehold, liberties, or privileges, or outlawed, 
 or exiled, or in any manner deftroyed, or deprived of his 
 life, ii'oerty or property, but by the judgment of his peers, 
 or the law of the land. 
 
 IX. That in all criminal profecutions, the accufed hath a 
 right to be heard by himfell and his counfel, to demand the 
 nature and caufe of the accufation againft him, and to have 
 a copy thereof; to meet the witneffes face to face; to have 
 compulfory procefs for obtaining witneffes in his favour; and 
 in profecutions by indidment, or prefentment, a fpeedy public 
 trial, by an impartial jury of the county or dillrid in which 
 the crime fhall have been committed; and fhall not be com- 
 pelled to give evidence againft himfelf. 
 
 X. That no perfon fhall, for the fame offence, be twice put 
 in jeopardy of life or limb. 
 
 XL That laws made«for the punifhment of fads commit¬ 
 ted previous to the exigence of fuch laws, and by them only 
 declared criminal, are contrary to the principles of a free go. 
 vernment; wherefore no ex poji fafio law fhall be made. 
 
 XII. That no convidion fhall work corruption of blood 
 or forfeiture of eftate.—The eftate of fuch perfons as fhall 
 deftroy their own lives, fhall defcend or veil as in cafe of 
 natural death.—If any perfon be killed by cafualty, there 
 fhai 1 be no forfeiture in confequence thereof. 
 
 XIII. That no perfon arretted, or confined in goal, (hall 
 be treated with unneceffary rigour. 
 
 XiV. That no freeman (haii be put to anfwer any criminal 
 charge, but by prefentment, indidment or impeachment. 
 
 XV. 'That all prifo.ners fhall be bailable by fufficient fure¬ 
 ties, unlefs f r capital offences, when the proof is evident 
 or the prefumpri >n great. And the privilege of the writ of 
 habeas corpus (hall not be fufpended, uniefs when in cTe of re¬ 
 bellion oririvafion the public fifety may require it. 
 
 XVI. That exceffive bail fh ill not be required, norexcef- 
 five fines impofed, nor cruel and unufuai punifhments in- 
 flided. 
 
 XVII. That all courts fhall be open ; and every man, for 
 an injury done him in his lands, goo.: s, perffn, or reputa¬ 
 tion, (hall have remedy by due eourfe of law, and rigutand 
 j.uftioe adminiitered without d.-, denial or dc-y. Suits may 
 
 X z 
 
CONSTITUTION OF 
 
 be brought againft the ftate in fuch manner, and in fuch 
 courts as the Legifiature may by law direct, provided the 
 light of bringing fuit be limited to the citizens of this {late. 
 
 XVIII. That the perfon of a debtor, where there is not 
 ftrong prefumption of fraud, fhall not be continued in prifon, 
 after delivering up his eftate for the benefit of his creditor or 
 creditors, in fuch manner as fhall be prefcribed by law. 
 
 XIX. That the printing prefles fhall be free to every per¬ 
 fon who undertakes to examine the proceedings of the Legif¬ 
 lature, or of any branch or officer of government; and no 
 law fhall ever be made to reftrain the right thereof. i he 
 free communication of thoughts and opinions, is one of the 
 invaluable rights of man ; and every citizen may free!}' fpeak, 
 write, and print on any fubjed, being refponfible for the 
 abufe of that liberty. But in profecutions for the publication 
 of papers in veftigating the official conduct of officers or men 
 in public capacity, the truth thereof may be given in evi-* 
 deuce ; and in all indictments for libels, the jury fhall have 
 a right to determine the law and the fads, under thediredion 
 of the court, as in other cafes. 
 
 XX. That no retrofpedive law, or law impairing the obli¬ 
 ge ion of contrads, fhall be made. 
 
 XXI. That no man’s particular fervices fhall be demanded, 
 or property taken, orapp ied to public ufe, without the con- 
 fent of his reprefentatives, or without juft compenfation be¬ 
 ing made therefor. 
 
 XXII. 1’hat the citizens have a right, in a peaceable man¬ 
 ner, to aflemble together for their common good, to initrud 
 their reprefentatives, and to apply to thofe inverted with the 
 powers of government for redrefs of grievances, or other pro¬ 
 per put poles, by add refs or remonftrance. 
 
 XXIII. 'That perpetuities and monopolies are contrary to 
 the genius of a free itate, and fhall not be allowed. 
 
 XXIV. That the fure and certain defence of a free people 
 is a vveli regulated militia : and as {landing armies, in time of 
 peace, are dangerous to freedom, they ought to be avoided, 
 as far as the circumfiances and fafety of the community will 
 admit; and that in all cafes the military fhali be in ilrid 
 fubordinadon to the civil authority. 
 
 XXV. That no citizen in this ftate, except fuch as are 
 employed in the army oi the United States, or militia in 
 
TENNESSEE. 
 
 239 
 
 aftnal fervice, fnall be fubje&ed to corporeal punifhment un¬ 
 der the martial iaw. 
 
 XXVI. That the freemen of this (late have a right to keep 
 and to bear arms for their common defence. 
 
 XXVII. That no foldier (hall, in time of peace, be quar¬ 
 tered in any houfe without confent of the owner, nor in time 
 of war, but in a manner prefcrihed by law. 
 
 XXVIII. That no citizen of this date (hall be compelled 
 to bear arms, provided he will pay an equivalent, to be af- 
 certained by law. 
 
 XXIX. That an equal participation of the free navigation 
 of the Miffiffippi, is one of the inherent rights of the citizens 
 of this date: it cannot therefore, be conceded to any prince, 
 potentate, power, perfon or perfons whatever. 
 
 XXX. That no hereditary emoluments, privileges, or 
 honours diall ever be granted or conferred in this date. 
 
 XXXI. That the people redding fouth of French Broad 
 and Holdon, between the rivers TennelTee and the Big Pigeon, 
 are entitled to the right of preemption and occupancy in that 
 trail. 
 
 XXXII. That the limits and boundaries of this date be 
 afcertained, it is declared they are as hereafter mentioned; 
 
 that is to fay :-Beginning on the extreme height of the 
 
 Stone Mountain, at the place where the line of Virginia inter¬ 
 feels it, in latitude thirty-fix degrees and thirty minutes 
 north—running thence along the extreme height of the faid 
 mountain, to the place where Watauga River breaks through 
 it; thence a direct courfe to the top of the Yeilow Moun-. 
 tain, where Bright’s road erodes the fame; thence along the 
 ridge of faid mountain, between the waters of Doe River and 
 the waters of Rock Creek, to the place where the road erodes 
 the Iron Mountain; from thence along the extreme height 
 of faid mountain to where Nolichucky River runs through 
 the fame; thence to the top of the Bald Mountain: thence 
 along the extreme height of faid mountain to the Painted Rock, 
 on French Broad River; thence along the highed ridge of 
 faid mountain, to the piace where it is called the Gre.it Iren 
 or Smoky Mountain; thence along the extreme height of faid 
 mountain to the piace where it is called Unicoi or IJnaka 
 Mountain, between the Indian towns of Cowee and Old 
 Chota; thence along the main ridge of the faid mountain to 
 
2 4 ° 
 
 CONSTITUTION OF 
 
 the fouthern boundary of this date, as defcribed in the aft of 
 cefiion of North-Carolina to the United States of America ; 
 and that all the territory, lands and waters lying wed of 
 the Fa id line, as before mentioned, and contained within the 
 chartered limits of the date of North-Carolina, are within the 
 boundaries and limits of this date, over which the people 
 have the right of exereifing fovereignty and right of foil fo 
 far as is confident with the conditution of the United States, 
 recognizing the articles of confederation, the bill of rights 
 and conditution of North-Carolina, the cedion aft of the faid 
 date and the ordinance of the late Congrefs, for the Govern¬ 
 ment of the Territory North Wed of the Ohio; provided, 
 nothing herein contained fhall extend to afteft the claim or 
 claims of individuals, to any part of the foil which is recog¬ 
 nized to them by the aforefaid ceffion aft. 
 
 SCHEDULE. 
 
 I. That no inconvenience may arife from a change of the 
 temporary to a permanent date government, it is declared, 
 that all rights, aftions, profecutions, claims, and contrafts, 
 as well of individuals as of bodies corporate, fhall continue, 
 as if no change had taken place in the adminidration of 
 government. 
 
 II. Ail fines, penalties, and forfeitures, due and -owing to 
 the territory of the United States of America fouth of the 
 river Ohio, fhall enure to the ufe of the date. Ail bonds 
 for performance, executed to the Governor of the faid terri¬ 
 tory, fhall be and pafs over to the Governor of this date, and 
 his fucceffors in office, for the ufe of the date, or by him or 
 them refpeftfvely to be adigned over to the ufe of thofe con¬ 
 cerned, as the cafe may be. 
 
 III. The Governor, Secretary, Judges and Brigadiers 
 General have a right, by vitue of their appointments, under 
 the authority of the United States, to continue in the excr- 
 cife of the duties of their refpeftive offices, in their feveral 
 departments, until the faid officers are fuperfeded under the 
 authority of this conditution. 
 
 J 
 
 IV. All officers, civil and military, who have been appoint¬ 
 ed by the Governor, fhall continue to exercife their refpec- 
 tive offices until the fecond Monday in June, and until fuc- 
 ceffors in office fhall be appointed under the authority of this 
 conditution, and duly qualified. 
 
TENNESSEE 
 
 241 
 
 V. The Governor {hall make ufe of his private Teal, until a 
 ftate feal fhall be provided. 
 
 VI. Until the firft enumeration fliall be made, as directed 
 in the fecond legion of the firft article of this conftitution, 
 the feveral counties fhall be refpeftively entitled to eled: one 
 Senator and two Reprefentatives: Provided that no new 
 county (hall be entitled to feparate reprefentation previous to 
 taking the enumeration. 
 
 VII. That the next election for reprefentatives and other 
 officers, to be held for the county ofTenneffee, fhall beheld 
 at the Houfe of William Miles. 
 
 VIII. Until a land office fhall be opened, fo as to enable 
 the citizens fouth of French Broad and Holfton, between the 
 Rivers Tenneffee and Big Pigeon, to obtain titles upon their 
 claims of occupancy and preemption, thofe who hold land 
 by virtue ot Inch claims, fhall be eligible to ferve in all capa¬ 
 cities where a freehold is by this conftitution made a requi- 
 fite qualification. 
 
 DONE in Convention, at Knoxville, by unanimous 
 confent, on the fixth day of February, in the year of 
 our Lord, one thoufand feven hundred and ninety-fix, 
 and of the Independence of the United States of 
 America, the twentieth—In Teftimony whereof we 
 have hereunto fubferibed our names. 
 
 WILLIAM BLOUNT, President. 
 
 Blount County . 
 David Craig, 
 
 James Greenaway, 
 Jofeph Black, 
 
 James Houfton, 
 
 Samuel Glafs. 
 
 Davidfon County • 
 John iVL iNdiry, 
 Andrew Jackfon, 
 James Robertfon, 
 Thomas Haraiman, 
 Joel Lewis. 
 
 Sullivan County . 
 George Rutledge, 
 
 W illiam C. C. Claiborne, 
 Richard Gammon, 
 
 John Shelby, jun. 
 
 John Rhea. 
 
 Greene County , 
 Samuel Frazier, 
 Stephen Brooks, 
 William Rankin, 
 Elifha Baker, 
 
 John Galbreath. 
 
CONSTITUTION OF 
 
 zyz 
 
 Hawkins County . 
 James Berry, 
 
 Jofeph M’ Min, 
 Thomas Henderfon, 
 William Cocke, 
 Richard Mitchell. 
 
 Summer County . 
 David Shelby, 
 
 Ifaac Walton, 
 
 W. Douglafs, 
 
 Edward Douglafs, 
 Daniel Smith. 
 
 Jeff erf on County. 
 
 Alexander Outlaw, 
 Jofeph Anderfon, 
 George Doherty, 
 James Roddye, 
 Archibald P^oane. 
 
 Sevier County*. 
 Peter Bryan, 
 
 Samuel Wier, 
 Spencer Clack, 
 
 John Clack, 
 
 Thomas Buckenhanv 
 
 Tcnncffee County , 
 Thomas Johnfton, 
 James Ford, 
 
 William Fort, 
 William Prince, 
 Robert Prince. 
 
 Wafhington County , 
 John Tipton, 
 Samuel HandJy, 
 Leeroy Taylor, 
 Landon Carter,. 
 James Stuart. 
 
 Knox County . 
 
 James White, 
 
 Charles M’ Clung, 
 
 John Crawford, 
 
 John Adair. 
 
 Attef. WILLIAM M ACL IN, Secretary , 
 
 KENTUCKY. 
 
 The CONSTITUTION , or form of Government for the 
 
 Slate of Kentucky . 
 
 T 1 7K) the reprefentatires of the people of the Hate of 
 V V Kentucky, in convention affembled, to fecure to all the 
 citizens thereof, the enjoyment of the right of life, liberty 
 and property, and ofpurfuing happinefs, do ordain and eftablifn 
 this conditution for its government: 
 
KENTUCKY. 
 
 243 
 
 ARTICLE I. 
 
 Concerning the Difribution of the Powers of the Government, 
 Section i. The powers of the government of the date of 
 Kentucky, fliall be divided into three diftind departments, 
 and each of them be confided to afeperate body of magistracy, 
 to wit: thofe which arelegiilative, to one ; tliofe which are ex¬ 
 ecutive, to another; and thofe which are judiciary, to another,, 
 Sect. 2. No perfon, or colledion of perfons, being of one 
 of thofe departments, fhall exercife any power properly belong¬ 
 ing to either of the others; except in the inftances hereinaf¬ 
 ter exprefsly direded or permitted. 
 
 ARTICLE II. 
 
 Concerning the Legifative Department, 
 
 Sect. i. The legillative power of this commonwealth fhall 
 be verted in two diftind branches; the one to be filed the 
 Houfe of Reprefentatives, the other the Senate, and both to¬ 
 gether, the General Alfembly of the Commonwealth of 
 Kentucky. 
 
 Sect. 2. The Members of the Houfe of Reprefentatives 
 fhall continue infervice for the term of one year from the day 
 of the commencement of the general eledion, and no longer. 
 
 Sect. 3. Reprefentatives fhall be chofen on the firft Mon¬ 
 day in the month of Auguft in every year; bsst the prefiding 
 officers of the feveral eledions fhall continue the fame for 
 three days, at the requelt of any one of the candidates. 
 
 Sect. 4. No perfon fhall be a reprefentative, who at the 
 time of his eledion is not a citizen of the United States, and 
 hath not attained to the age of twenty-four years, and refided 
 in this date two years next preceding his eledion, and the 
 'laft year thereof in the county or town for which he may 
 be chofen. 
 
 Sect. 5. Eledions for Reprefentatives for the feveral 
 counties entitled to reprefentation, fliall be held at the places 
 of holding their refpedive courts, or in the feveral eledion 
 precinds into which the Legiflature may think proper, from 
 time to time, to divide any or all of thofe counties: Provid¬ 
 ed, that when it fhall appear to the Legillature that any 
 town hath a number of qualified voters equal to the ratio 
 then fixed, fuch town fliall be inverted with the privilege of 
 
" 44 - 
 
 CONSTITUTION OF 
 
 a feparate reprefentation, which (hall be retained fo long as 
 fuch town (hall contain a number of qualified voters equal to 
 the ratio which may from time to time be fixed by law; and 
 thereafter eledions, for the county in w r hich fuch town is fitu- 
 ated, (hall not beheld therein. 
 
 Sect. 6 . Reprefentation (hall be equal and uniform in this 
 commonwealth ; and (hall be forever regulated and afcertained 
 by the number of qualified eiedois therein. In the year eigh¬ 
 teen hundred and three, and every fourth year thereafter, an 
 enumeration of all the free male inhabitants of the Hate, above 
 twenty-one years of age, (hall be made in fuch manner as fhall 
 be directed by law. The number of reprefentatives (hall, in 
 the feveral years of making thefe enumerations, be fo fixed as 
 not to be lefs than fifty-eight, nor more than one hundred, 
 and they (hall be apportioned for the four years next following, 
 as near as may be, among the feveral counties and towns, in 
 proportion to the number of qualified eledors: but, when a 
 county may not have a fufficient number of qualified eledors 
 to entitle it to one Reprefentative, and when the adjacent 
 county or counties may not have a refiduum or refiduums, 
 which, when added to the fmall county would entitle it to 
 a feparate reprefentation, it fhall then be in the power of the 
 Legifiature to join two or more together, for the purpofe of 
 fending a Reprefentative. Provided, that when there are 
 two or more counties adjoining, which have refiduums over 
 and above the ratio then fixed by law, if faid refiduums when 
 added together will amount to fuch ratio, in that cafe one 
 Reprefentative fhall be added to that county having the larged 
 refiduum. 
 
 Sect. 7. The Houfe of Reprefentatives fhall choofe its 
 Speaker and other officers. 
 
 Sect. 8 . In all eledions for Reprefentatives, every free 
 male citizen (negroes, mulattoes and Indians excepted) who 
 at the time being, hath attained to the age of twenty-one 
 years, and refided in the date two years, or the county or 
 town in which he offers to vote one year next preceding the 
 eledion, fhall enjoy the right of an eledor; but no perfon 
 fhall be intitled to vote, except in the county or town in 
 which he may adually rende at the time of the eledion, 
 except as is herein otherwife provided. Eledors fhall in all 
 cafes, except treafon, felony, breach or furety of the peace, be 
 
KENTUCKY. 
 
 *45 
 
 privileged from arreft during their attendance at, going to, 
 and returning from elections. 
 
 Sect. 9. The Members of the Senate fhall be chofen for 
 the term of four years ; and when affembied dial! have the 
 power to choofe its officers annually. 
 
 Sect. 10. At the firft feffion of the General Affiembly af¬ 
 ter this conftitution takes effed, the Senators fhall be divided 
 by lot, as equally as may, into four daffies :—the feats of 
 the Senators of the firft clafs, fhall be vacated at the expira¬ 
 tion of the firft year ; of the fecond clafs at the expiration 
 of the fecond year ; of the third clafs at the expiration of the 
 third year ; and of the fourth clafs at the expiration of the 
 fourth year ; fo that one-fourth fhall be chofen every year, 
 and a rotation thereby kept up perpetually. 
 
 Sect. ii. The Senate fhall conftft of twenty-four Mem¬ 
 bers at leaft, and for every three Members above fifty-eight, 
 which (hall be added to the Houfe of Reprefentatives, one 
 Member fhall be added to the Senate. 
 
 Sect. 12. The fame number of fcnatorial diftrids fhall, 
 from time to time, be eftablifhed by the Legiflature, as there 
 may then be Senators allotted to the ftate ; which (hall be 
 fo 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 fo that no county fhall be divided, or form 
 more than one diftrid ; and where two or more counties 
 compofe a diftrid, they (hall be adjoining. 
 
 Sect. 13. When an additional Senator may be added to 
 the Senate, he fhall be annexed by lot to one of the four 
 claffes, fo as to keep them as nearly equal in number as pof- 
 fible. 
 
 Sect. 14. One Senator for each diftrid fhall be cleded 
 by thofe qualified to vote for Reprefentatives therein, who 
 fhall give their votes at the feveral places in the counties or 
 : towns, where eledions are by law direded to be held. 
 
 Sect. 13. No perfon fhall be a Senator, who, at the 
 time of his eledion, is not a citizen of the United States, 
 and who hath not attained to the age of thirty-five years, 
 and refided in this ftate fix years next preceding his eledion, 
 and the laft year thereof in the diftrid from which he may be 
 chofen. 
 
 Y 
 
CONSTITUTION OF 
 
 246 
 
 Sect. 16. The firffc ele&ion for Senators (hall be general 
 throughout the flate, and at the fame time that the general 
 ele&ion for Reprefentatives is held ; and thereafter, there 
 Dial], in like manner, be an annual eleftion for Senators to 
 fill the places of thofc whole time of fervice may have ex- 
 
 Sect. 17. The General Affembly fhall convene on the 
 isrft Monday in the month of November in every year, un- 
 lefs a different day be appointed by law ; and their fellions 
 fhall be held at the feat of government. 
 
 Sect. 18. Not lefs than a majority of the Members of 
 each Houfe of the General Affembly fhall conftitute a quo¬ 
 rum to do bufinefs; but a fmaller number may adjourn from 
 day to day, and fhall be authorized by law to compel the at¬ 
 tendance of abfent Members, in fuch manner, and under fuch 
 penalties as may beprefcribed thereby. 
 
 Sect. 19. Each Houfe of the General Affembly fhall judge 
 of the qualifications, elections and returns of its Members ; 
 but a contefled election fhall be determined in fuch manner 
 as fhall be direffed by law r . 
 
 Sect. 20. Each Houfe of the General Affembly may de¬ 
 termine the rules of its proceedings ; punifh a Member for 
 diforderly behaviour; and with the concurrence of two- 
 thirds, expel a Member, but not a fecond time for the fame 
 caufe. 
 
 Sect. 21. Each Houfe of the General Affembly fhall 
 keep and publifh weekly, a journal of its proceedings ; and 
 the yeas and nays of the Members on any queftion, fhall, 
 at the defire of any two of them, be entered on their journal. 
 
 Sect. 22. Neither Houfe, during the feffion of the Ge¬ 
 neral Affembly, fhall, without the confent of the other, ad¬ 
 journ for more than three days, nor to any other place than 
 that in which they may be fitting. 
 
 Sect. 23. The Members of the General Affembly fhall 
 feverally receive from the public treafury, a compenfation for 
 their fervices, which fhall be one dollar and a half a day, 
 during their attendance on, going to, and returning from the 
 feffions of their refpeftive Houfes : Provided, that the fame 
 may be increafed or diminifhed by law ; but no alteration 
 fhall take effeft during the feffion at which fuch alteration 
 fhall be made. 
 
KENTUCKY. 
 
 HI 
 
 t 
 
 Sect. 24. The Members of the General Affembly (hall, 
 in ail cafes, except treafon, felony, breach or furety of the 
 peace, be privileged from arred, during their attendance at 
 the feffions of their refpeCtive Houfes, and in going to, and 
 returning from the fame; and for any fpeech or debate, in 
 either Houfe, they fhall not be qneftioned in any other place. 
 Sect. 25", No Senator or Reprefentative fhall, during the 
 term for which he was eie&ed, nor for one year thereafter, be 
 appointed or elected to any civil office of profit under this 
 commonwealth, which final! have been created, or the emolu¬ 
 ments of which fhall have been increafed, during the time 
 fuch Senator or Reprefentative was in office, except to fuch 
 
 I offices or appointments as may be made or filled by the elec¬ 
 tions of the people. 
 
 Sect. 26. No perfon, while he continues to exercife the 
 functions of a clergyman, pried or teardier of any religioas 
 perfuaflon, fociety or fed;; nor whilft he holds or exercifes 
 any office of profit under this commonwealth, fhall be eligible 
 to the General Affembly ; except attorneys at law, juftices of 
 the peace, and militia officers: Provided, that juflices of the 
 courts of quarter feffions fhall be ineligible, fo long as any 
 compenfation may be allowed them for their fervices: Pro¬ 
 vided alfo, that attorneys for the commowealth, who receive 
 a fixed annual falary from the public treafury, fhall be ineligible. 
 
 Sect. 27. No perfon, who at any time may have been a 
 collector of taxes for the date or the affidant or deputy of 
 fuch collector, fhall be eligible to the General Affembly until 
 he (hall have obtained a quietus for the amount of fuch col¬ 
 lection, and for all public monies for which he may be 
 refponfihle. 
 
 Sect. 28. No bill fhall have the force of a law, until on 
 three feveral days, it be read over in each Houfe of the 
 General Affembly, and free difeuffion allowed thereon; un- 
 lefs in cafes of urgency four fifths of the Houfe, where the bill 
 fhall be depending, may deem it expedient to difpenfe with 
 this rule. 
 
 Sect. 29. All bills for railing revenue, fhall originate in 
 the Houfe of Reprefentatives ; but the Senate may propofe 
 amendments, as in other bills: Provided that they fhall not 
 introduce any new matter, under the colour of an amendment, 
 which does not relate to raifing a revenue. 
 
CONSTITUTION OF 
 
 
 248 
 
 Sect. 30. The General Afiembly fhall regulate by law, 
 by whom, and in what manner, writs of eledion fhall be 
 illued to jfiil the vacancies which may happen in either branch 
 thereof. 
 
 ARTICLE III. 
 
 Concerning the Executive Department. 
 
 Sect. i. The Supreme executive power of the common¬ 
 wealth fhall be vefted in a Chief Magiftrate, who fhall be fti- 
 led the Governor of the commonwealth of Kentucky. 
 
 Sect. 2. The Governor (hail be elected for the term of 
 four years by the citizens entitled to fuffrage, at the time and 
 places where they fir all refpedively vote for Reprefentatives, 
 The ptrfon ha\ ing the higheft number of votes fhall be go¬ 
 vernor; but if two or more ihall be equal and higheft in votes, 
 the election fhall be determined by iot, in fuch manner as the 
 Legiflature may direct. 
 
 Sect. 3. The Governor fhall be ineligible for thefucceed- 
 ing feven years, after the expiration of the time for which he 
 fhall have been eleded. 
 
 Sect. 4. He fhall be at leaft thirty-five years of age, and 
 a citizen of the United States, and have been an inhabitant 
 of this ftate at leaft fix years next preceding his eledion. 
 
 Sect. 5. He fhall commence the execution of his office on 
 the fourth Tuefday fucceeding the day of the commencement 
 of the general eledion on which he fhall be chofen, and fhall 
 continue in the execution thereof until the end of four weeks 
 next fucceeding the eledion of his fucceffor, and until hisfuc- 
 ceftor fhall have taken the oaths or affirmations prefcribed by 
 this constitution. 
 
 Sect. 6. No Member of Congrefs, or perfon holding any 
 office under the United States, nor minifterof any religious 
 fociety, fhall be eligible to the office of Governor. 
 
 Sfct. 7. The Governor fhall, at ftated times, receive for 
 his fervices, a compenfation, which (hah neither be increafed 
 nor diminifhed, during the term for which he fhall have been 
 eleded. 
 
 Sect. 8. He fhall be commander in chief of the army and 
 navy of this commonwealth, and of the militia thereof, ex¬ 
 cept when they fhall be called into the fervice of the United 
 States; but he fhall not command perfonally in the field. 
 
KENTUCKY. 
 
 2 49 
 
 unlefs he fhall be advifed fo to do, by a refolution of the 
 General A {Terribly. 
 
 Sect. 9. He fhall nominate, and by and with the advice 
 and confent of the Senate, appoint all officers, whofe offices 
 are eftablifhed by this conftitution, or fhall be eftablifhed by 
 law, and whofe appointments are not herein otherwife pro- 
 vidid for: Provided that no perfon fhall be fo appointed to 
 an office within any county, who fhall not have been a citi¬ 
 zen and inhabitant therein, one year next before his appoint¬ 
 ment, if the county fhall have been fo long erected, but if it 
 fhall not have been fo long erected, then within the limits of 
 the county or counties from which it fhall have been taken : 
 Provided alfo that the county courts fhall be authorized by 
 law to appoint infpedtors, coilefftors and their deputies, fur- 
 veyors of the high ways, conftables, jailors, and fuch other 
 inferior officers, whofe jurifdi&ion may be confined within 
 the limits of a county. 
 
 Sect. 10. The Governor (hall have power to fill up vacan¬ 
 cies that may happen during the recefs of the Senate, by grant¬ 
 ing commiffions, which fhall expire at the end of their next 
 feffion. 
 
 Sect, i r . He fhall have power to remit fines and forfeitures, 
 grant reprieves and pardons, except in cafes of impeachment. 
 In cafes of treafon, he fhall have power to grant reprieves 
 until the end of the next feffion of the General Affemblyj in 
 which the power of pardoning fhall be veiled. 
 
 Sect, i 2. He may require information in writing from the 
 officers in the executive department, upon any fubject relating 
 to the duties of their refpeftive offices. 
 
 Sect. 13. He fhall from time to time give to the General 
 Affembly, information of the Hate of the commonwealth, and 
 recommend to their eopfideration fuch meafures as he fhall 
 deem expedient. 
 
 Sect. 14. He may on extraordinary occafions convene the 
 General Affembly at the feat of government, or at a different 
 place, if thatfhould have become, fince their laft adjournment, 
 dangerous from an enemy, or from contagious uiforders ; and 
 in cafe of difag.reement between the two houfes, with refpeft 
 to the time of adjourment, adjourn them to fuch time as he 
 fhall think proper, not exceeding four months. 
 
 Sect. 15. He fhall take care that the Jaws be faithfully 
 executed, Ya 
 
25o 
 
 CONSTITUTION OF 
 
 Sect, i 6 . A Lieutenant Governor fhall be chofen at every 
 election for a Governor, in the fame manner, continue in of¬ 
 fice for the fame time, andpoffefs the fame qualifications. In 
 voting for Governor, and Lieutenant Governor, the electors 
 fhall diftinguifh whom they vote for as Governor, and whom 
 as Lieutenant Governor. 
 
 Sect, i 7. He fhall by virtue of his office be Speaker of the 
 Senate, have a right, when in committee of the whole, to de¬ 
 bate and vote on all fubjeds; and when the Senate are equally 
 divided, to give the cafting vote. 
 
 Sect. 18. In cafe of the impeachment of the Governor, his 
 removal from office, death, refufal to qualify, refignation or 
 abfence from the ftate, the Lieutenant Governor fhall exercife 
 all the power and authority appertaining to the office of Go¬ 
 vernor, until another be duly qualified, or the Governor abfent, 
 or impeached, fhall return, or be acquitted. 
 
 Sect. 19. Whenever the government fhall be adminiftered 
 by the Lieutenant Governor, or he fhall be unable to attend as 
 Speaker of the Senate, the Senators fhall eleft one of their own 
 members as Speaker, for that occafion. And if, during the va¬ 
 cancy of the office of Governor, the Lieutenant Governor fhall 
 be impeached, removed from office, refufe to qualify, refign, 
 die, or be abfent from the ftate, the Speaker of the Senate fhall, 
 in iike manner, adminifter the government. 
 
 Se t. 20. The Lieutenant Governor, whileheattsas Speak¬ 
 er to the Senate, fhall receive for his fervices the fame com- 
 penfation, which fhall for the fame period he allowed to the 
 Speaker of the Houfe of Reprefentatives, and no more; and 
 during the time he adminifters the government as Governor, 
 fhall receive the fa ne compenfation which the Governor 
 wouid have received and been entitled to, had he been employ¬ 
 ed in the duties of his office. 
 
 Sect. 21. The Speaker pro tempore of the Senate, during 
 the time he adminifters the government, fhali receive in like 
 manner the fame compenfation which the Governor would 
 Lave received, had he been employed in the duties of his office. 
 
 Sect. 22. If the Lieutenant Governor fhall be called upon 
 to adminifter .he giveri m nr, and fhall, while infuch admini- 
 ftration, refign, die, or be abfent from the fta^e during the re- 
 cefs of the General Affembly, it fhall be the duty of the Se¬ 
 cretary, for the time being, to convene the Senate for the pur, 
 pofe ot chooling a Speaker, 
 
KENTUCKY. 
 
 251 
 
 Sect. 23. An Attorney General, and fuch other attornies 
 for the commonwealth as may be neceflfary, (hall be appointed, 
 whole duty Ihall be regulated by law. Attornies for the 
 commonwealth for the feveral counties fhall be appointed by 
 the refpedive courts having jurifdidion therein. 
 
 Sect. 24. A Secretary lhali be appointed and commiffioned 
 during the term for which the Governor (hall have been elec¬ 
 ted, if he (hall fo long behave himfelf well. He lhali keep a 
 fair regifter, and atteft all the official ads and proceedings of 
 the Governor, and lhali, when required, lay the fame and all 
 papers, minutes and vouchers relative thereto, before either 
 Houfe of the General Alfembly, and fhall perform fuch other 
 duties as may be enjoined him by law. 
 
 Sect. 25. Every bill which fhall have paffed both Houfes 
 fhall be prefented to the Governor; if he approve he fhall lign 
 it, but if not, he lhali return it with his objections to the 
 Houfe in which it fhall have originated, who lhali enter the 
 objedions at large upon their journal, and proceed to recon- 
 fiderit; if, after fuch reconfideration, a majority of all the 
 Members eleded to that Houfe lhali agree to pafs the bill, 
 it fhall be fent, with the objedions, to the other Houfe, by 
 which it lhali iikewife be confidered, and if approved by a 
 majority of all the Members eleded to that Houfe, it lhali 
 be a law; but in fuch cafes the votes of both Houfes fhall be 
 determined by yeas and nays, and the names of the perfons 
 voting for, and againlt the bill, fhall be entered on the jour¬ 
 nal of each Houfe refpedively ; if any bib fhall not be 
 returned by the Governor, within ten days (Sundays ex¬ 
 cepted) after it lhali have been prefented to him, it lhali be 
 a law in like manner as if he had figned it, unlefs the Ge¬ 
 neral Alfembly by their adjournment prevent its return; in 
 which cafe it lhali be a law, unlefs fent back within three 
 days alter their next meeting. 
 
 Sect. 26. Every order, refolution or vote, to which the 
 concurrence of both Houfes may be necelfary, except on a 
 queition of adjournment, lhali be prefented to the Governor, 
 and before it lhali take effed, be approved by him; or, being 
 dilapproved, fhall be repaired by a majority of ali the Mem¬ 
 bers deded to b ,th Houfes, according to the rules and 
 tations p± clubbed in cafe of a bid, 
 
2$2 
 
 CONSTITUTION OF 
 
 Sect. 27. Contefted eleftions for a Governor and Lieu¬ 
 tenant Governor, fhall be determined by a committee to be 
 felefted from both Houfes of the General Affembly, and for¬ 
 med and regulated in fuch manner as fhall be directed by law. 
 
 Sect. 28. The freemen of this commonwealth (Negroes, 
 Muiattoes and Indians excepted) fhall be armed and difci- 
 plined for its defence. Thofe who confciencioufly fcruple to 
 bear arms, (hail not be compelled to do fo, but fhall pay an 
 equivalent for perfonal fervice. 
 
 Sect. 29. The commanding officers of the refpe&ive regi¬ 
 ments fhall appoint the regimental ftaff; Brigadier Generals 
 their Brigade Majors; Major Generals, their aids; and cap¬ 
 tains, the non commiffioned officers of companies. 
 
 Sect. 30. A majority of the held officers and captains in 
 each regiment, fhall nominate the commiffioned officers in 
 each company, who fhall be commiffioned by the Governor; 
 Provided that no nomination fhall be made, uniefs two at 
 leaffc of the field officers are prefent; and when two or more 
 perfons have an equal, and the higheft number of votes, the 
 field officer prefent, who may be higheit in commiffion, fhall 
 decide the nomination. 
 
 Sect. 3.1* Sheriffs fhall be hereafter appointed in the fol¬ 
 lowing manner :—When the time of a flier iff for any county 
 may be about to expire, the county court for the fame (a 
 majority of all its juftices being prefent) fhall> in the months 
 of September, Oftober, or November next preceding thereto, , 
 recommend to the Governor two proper perfons to fill the 
 office, who are then juftices of the county court; and who fhall 
 in fuch recommendation pay a juft regard tofeniority in office 
 and a regular rotation. One of the perfons fo recommended 
 fhall be commiffioned by the Governor, and fhall hold his 
 office for two years, if he fo long behave well, and until a 
 fucceffor be duly qua ified. If the county court fhall omit in 
 the months aforefaid to make fuch recommendation, the 
 Governor fhall then nominate, and by and with the advice 
 and confent of the Senate, appoint a fit perfon to fill fuch office* 
 
 ARTICLE IV. 
 
 Concerning the Judicial Department. 
 
 Section i. The judicial power of this commonwealth, 
 
 both as to matters of law and equity, fhall be veiled in one 
 
KENTUCKY. 
 
 2 53 
 
 fupreme court, which fhall be diled the court of appeals, and 
 in fuch inferior courts as the General Affembly may from 
 time to time ereft and efbablifh. 
 
 Sect. 2. The court of appeals, except in cafes otnerwife 
 directed by this conftitution, fhall have appellate jurifdiction 
 only; which fhall be co-extenfive with the date, under fuch 
 redriftions and regulations, not repugnant to this conftitution, 
 as may from time to time be prefcribed by law. 
 
 Sect. 3. The Judges, both of the fupreme and inferior 
 courts, fhall hold their offices during good behaviour; but for 
 any reafonable caufe which fhall not be fufficient ground of 
 impeachment, the Governor (hall remove any of them on the 
 addrefs of two-thirds of each Hoafe of the General Affembly: 
 Provided however, that the caufe or caufes for which fuch 
 removal may be required, fhall be dated at length in fuch ad¬ 
 drefs, and on the journal of each Houfe. They lhall at dated 
 times receive for their fervices an adequate compenfation to 
 be fixed by law. 
 
 Sect. 4. The Judges fhall. by virtue of their office, be 
 confervators of the peace throughout the date. The ftile of 
 all procefs fhall be i( The common wealth of Kentucky.” All 
 profecutions fhall be carried on in the name, and by the au¬ 
 thority of the commonwealth of Kentucky, and conclude 
 againft the peace and dignity of the fame. 
 
 Sect. 5. There fhall be eftablifhed in each county, now 
 or which may hereafter be ere&ed, within this common¬ 
 wealth, a county court. 
 
 Sect. 6 . A competent number of judices of the peace fhall 
 be appointed in each county; they fhall be commifiioned du¬ 
 ring good behaviour, but may be removed on convittion of 
 mifbehaviour in office, or of any infamous crime, or on the 
 addrefs of two-thirds of each Houfe of the General Affembly ; 
 Provided however, that the caufe or caufes for which fuch 
 removal may be required, fhall be dated at length in fuck 
 addrefs and on the journal of each Houfe. 
 
 Sect. 7. The number of the judices of the peace, to which 
 the feveral counties in this commonwealth now edablifhed, 
 or which may hereafter be edablifhed, ought to be entitled, 
 fhall from time to time be regulated by law. 
 
 Sect. 8 . When afurveyor, coroner, or a juflice of the peace, 
 (hail be needed in any county, the county court for the fame. 
 
COSTITUTION OF 
 
 *54 
 
 a majority of all its judices concurring therein, (halT recom¬ 
 mend to the Governor two proper perfons to fill the office, 
 one of whom he (hall appoint thereto: Provided however, 
 that if the county court (hall for twelve months omit to make 
 fuch recommendation, after being requelted by the Governor 
 to recommend proper perfons, he (hail then nominate, and by 
 and with the advice and confent of the Senate, appoint a fit 
 perfon to fill fuch office. 
 
 Sect. 9. When a new county fhall be ereded, a competent 
 number of jufiices of the peace >: a Sheriff and Coroner therefor, 
 (hall be recommended to the Governor by a majority of all the 
 Members of the Houfe of Reprefentatives from the fenatorial 
 didrid or didrids in which the county is fituated ; and if 
 either of the perfons thus recommended fhall be rejeded by 
 the Governor or the Senate, another perfon (hall immediately 
 be recommended as aforefaid. 
 
 Sect. 10. Each court (hall appoint its own clerk, who 
 fhall hold his office during good behaviour ; but no perfon 
 fhall be appointed clerk, only pro tempore, who (hall not 
 produce to the court appointing him a certificate from a majo¬ 
 rity of the judges of the court of appeals, that he had been 
 examined by their clerk in their prefence, and under their 
 direction, and that they judge him to be welhqaalifiid to exe¬ 
 cute the office of clerk to any court of the fame dignity, with 
 that for which he offers himfelf. They (hall be removable 
 for breach of good behaviour by the court of appeals only, who 
 fhall be judges of the fad as well as of the law. Two thirds 
 of the Members prefent mud concur in the fentence. 
 
 Sect. 1 1. All commiffions fhall be in the name, and by the 
 authority of the (late of Kentucky, and fealed with the date 
 feal, and figned by the Governonr. 
 
 Sect. 12. The date treafurer and printer or printers for 
 the commonwealth, fhall be appointed annually by the joint 
 vote of both Boufes of the General Affembly : Provided that 
 during the recefs of the fame, the Governor (hall have power 
 to fill vacancies which may happen in either of the faid offices, 
 
 ARTICLE V. 
 
 Concerning Impeachments. 
 
 Sect. i. The Houfe of Reprefentatives (hall have the foie 
 power of impeaching. 
 
KENTUCKY. 
 
 2^ 
 
 Sect. 2. All impeachments fhall be tried by the Senate : 
 when fitting for that purpofe, the Senators fhall be upon oath 
 or affirmation: No perfon fhall be convided without the con¬ 
 currence of two thirds of the Members prefent. 
 
 Sect. 3. The Governor and all civil officers fhall be liable 
 to impeachment for any mifdemeanor in office^ but judgment, 
 in fueh cafes, fhall not extend further than to removal from 
 office, and difqualification to hold any office of honor, truft, 
 or profit under this commonwealth; but the party convided 
 fhall neverthelefs be liable and fubjed to indidment, trial, 
 and punifhment according to law. 
 
 ARTICLE VI. 
 
 General Pro^v 'ijions, 
 
 Secton 1. Members of the General Affiembly, and all 
 officers, executive and judicial, before they enter upon the 
 execution of their refpedive offices, fhall take the following 
 oath or affirmation: “ I do folemny fwear (or affirm as the 
 cafe may be) that I will be faithful and true to the common¬ 
 wealth of Kentucky, fo long as I continue a citizen thereof, 
 and that I will faithfully execute to the beft of my abilities, 
 the office of according to law. ,J> 
 
 Sect. 2. Treafon againft the commonwealth, fhall confift 
 only in levying war againft it, or in adhering to its enemies, 
 giving them aid and comfort. No perfon fhall be convided of 
 treafon, unlefs on the teftimony of two witneffes to the fame 
 overt ad, or his own confeffion in open court. 
 
 Sect. 3. Every perfon fhall be difqualified from ferving as a 
 Governor, Lieutenant Governor, Senator, or Reprefentative, 
 for the term for which he fhall have been eleded, who fhall 
 be convided of having given or offered any bribe or treat, 
 to procure his eledion. 
 
 Sect. 4. Laws fhall be made to exclude from office and 
 from fuffrage, thofe who fhall thereafter be convided of bri¬ 
 bery, perjury, forgery, or other high crimes or mifdemeanors. 
 'The privilege of free fuffrage fhall be fupported by laws regu¬ 
 lating eledions, and prohibiting, under adequate penalties, all 
 undue influence thereon from power, bribery, tumult, or other 
 improper pradices. 
 
 Sect. 5. No money fhall be drawn from the treafury, but 
 iin purfuance of appropriations made by law, nor fhall any ap- 
 
q $6 
 
 CONSTITUTION OF 
 
 propriations of money for the fupport of an army be made for 
 a longer time than one year; and a regular ftatement and ac¬ 
 count of the receipts and expenditures of all public money, 
 fhall be publifhed annually. 
 
 Sect. 6 . The General Affembly (hall diredl by law in what 
 manner, and in what courts, fuits may be brought againft the 
 commonwealth. 
 
 Sect. 7. The x manner of adminiftering an oath or affirma¬ 
 tion fhall be fuch as is molt confiftent with the conference of 
 the deponent, and fhall be efteemed by the General Affembly 
 the mod folemn appeal to God. 
 
 Sect. 8 . All laws, which on the firfl day of June one 
 thoufand feven hundred and ninety-two, were in force in the 
 ftate of Virginia, and which are of a general nature, and not 
 local to that ftate, and not repugnant to this conftitution, 
 nor to the laws which have been enadled by the Legiftature 
 of this commonwealth, fhall be in force within this ftate, 
 until they (hall be altered or repealed by the General Affembly. 
 
 Sect. 9. The compadl with the ftate of Virginia, fubjedV 
 to fuch alterations as may be made therein agreeably to the 
 mode preferibed by the faid compadi, fhall be confidered as 
 part of this conftitution. 
 
 Sect. 10. It fhall be the duty of the General Affembly to 
 pafs fuch laws as fhall be neceffary and proper to decide differ¬ 
 ences by arbitrators, to be appointed by the parties who may 
 chufe that fummary mode of adjuftment. 
 
 Sect. 11 . All civil officers for the commonwealth at large, 
 fhall reftde within the ftate, and all diftridf, county, or town 
 officers, within their refpedtive diftridts, counties or towns 
 (traftees of towns excepted) and {hall keep their refpediive 
 offices at fuch places therein, as may be required by law : 
 and all militia officers fhall reftde in the bounds of the divifion, 
 brigade, regiment, battalion, or company to which they may 
 feverally belong. 
 
 Sect. 12. The Attorney General and other attornies for 
 this commonwealth, who receive a fixed annual falary from 
 the public treafury, Judges and Clerks of courts, Juftices of 
 the Peace, Surveyors of lands, and all commiffioned militia 
 officers, fhall hold their refpediive offices during good beha¬ 
 viour, and the continuance of their refpedtive courts, under 
 the exceptions contained in this conftitution* 
 
KENTUCKY. 
 
 2 L7 
 
 Sect. 13. Abfence on the bufmefs of this Hate, or the 
 United States, fnall not forfeit a refidence once obtained, fo as 
 to deprive any one of the right of fuffrage, or of being elec¬ 
 ted or appointed to any office under this commonwealth, un¬ 
 der the exceptions contained in this ecnditution. 
 
 Sect. 14. It fhall be the duty of the General Amenably 
 to regulate by law, in what cafes, and what deduction from 
 the falaries of public officers fhall be made, for negleft of duty 
 in their official capacity. 
 
 Sect. 15. Returns of all elections for Governor, Lieute¬ 
 nant Governor, and Members of the General Afiembly, fhall 
 be made to the Secretary for the time being. 
 
 Sect. 16. In all elections by the people, and alfo by the 
 Senate and Houfe of Representatives, jointly or feparatelv, 
 the votes fhall be perfonally and publicly given, viva voce. 
 
 Sect. 17. No Member of Congrefs nor perfon holding or 
 exercifing any office of trull or profit under the United States, 
 or either of them, or under any foreign power, fnall be eli¬ 
 gible as a Member of the General Afiembly of this common¬ 
 wealth, or hold or exercife any office of trull or profit under 
 the fame. 
 
 Sect. 18. The General AiTembly fhall dired by law how 
 perfons, who now are or rnay hereafter become fecurities for 
 public officers, may be relieved or difcharged on account of 
 fuch fecurityfliip. 
 
 ARTICLE VII. 
 
 Concerning Slaves. 
 
 Sect, i . The General Afiembly fhall have no power to paf« 
 laws for the emancipation of flaves without the confent of 
 their owners, or without paying their owners, previous to 
 fuch emancipation, a full equivalent in money, for the flaves 
 fo emancipated. They ill all have no power to prevent emi¬ 
 grants to this date from bringing with them fuch perfons as 
 
 are deemed Oaves bv the laws of anv one of the United States. 
 
 j . J ' 
 
 fo long as any perfon of the fame age or defcription fnall be 
 continued in flavery by the laws of this date. They diall 
 pafs laws to permit the owners of daves to emancipate them, 
 laving the rights of creditors, and preventing them from be¬ 
 coming a charge to any county in this commonwealth. They 
 fnall have full power to prevent daves being brought into this 
 
 Z 
 
CONSTITUTION OF 
 
 Hate as merchandize. They fhall have full power to pre¬ 
 vent any Haves being brought into this Hate from a foreign 
 country, and to prevent thofe from being brought into this 
 Hate, who have been lines the fir ft day of January, one thou¬ 
 sand feven hundred eighty-nine, or may hereafter be im¬ 
 ported into any of the United States from a foreign country. 
 And they fhall have full power to pafs fucli laws as may be 
 neceffary, to oblige the owners of Haves to treat them with 
 humanity, to provide for them neceffary clothing and provi¬ 
 sion, to abHain from all injuries to them extending to life or 
 limb, and in cafe of their negleff or rerufal to comply with 
 the directions of fuch laws, to have fuch Have or Haves fold 
 for the benefit of their owner or owners. 
 
 Sect. 2. In the profecution of Haves for felony, no in- 
 qneft by a grand jury fhall be neceffary, but the proceedings 
 in fuch profecutions {hall be regulated by law : except that 
 the General Affembly fhall have no power to deprive them of 
 the privilege of an impartial trial by a petit jury. 
 
 ARTICLE VIII. 
 
 The feat of government fhall continue in the town of 
 Frankfort* until it fnali be removed by law : Provided how¬ 
 ever, that two-thirds of all the Members eleiffed to each 
 Ho ufe of the General Affembly, Hiall concur in the paffage 
 of fucli law. 
 
 ARTICLE IX. 
 
 Mode of rev if tig the Conft'ituUon . 
 
 When experience fhall point out the neceffity of amending 
 this conftitution, and when a majority of all the Members 
 eleCfed to each Houfe of the General Affembly, fhall within 
 the find twenty days of their Hated annual feffion, concur in 
 palling a law for taking the fenfe of the good people of this 
 commonwealth as to the neceffity and expediency of calling 
 a convention, it {hall be the duty of the feveral Sheriffs, and 
 other returning officers, at the next general ele&ion which 
 {hail be held for Reprefentatives, after the paffage of fuch 
 law, to open a poll for, and make a return to the Secretary, 
 for the time being, of the names of all thofe entitled to vote 
 for Reprefentatives who have voted for calling a convention : 
 and if thereupon it fhall appear that a majority of all the citi¬ 
 zens of this Hate entitled to vote for Reprefentatives, have 
 
KENTUCKY. 
 
 voted for a convention, the General A (Terribly (hall dired 
 that a fimilar poll (hall be opened, and taken for the next 
 year; and if thereupon it (hall appear, that a majority of all 
 the citizens of this (fate entitled to vote for Reprefentatives, 
 have voted for a convention, the General Afiembly (hall at 
 their next feffion call a convention, to coniift of as manv 
 Members as there (hall be in the Houfe of Reprefentatives, 
 and no more ; to be chofen in the fame manner and propor¬ 
 tion, at the fame places, and at the fame time,, that Repre¬ 
 fentatives are, by citizens entitled to vote for Representa¬ 
 tives; and to meet within three months after the (aid elec¬ 
 tion, for the purpofe of re-adopting, amending or changing 
 this conftirution. But if it (hall appear by the vote of either 
 year, as aforefaid, that a majority of all the citizens entitled 
 to vote for Reprefentatives, did not vote for a convention, a 
 convention (hall not be called. 
 
 ARTICLE X, 
 
 c fhat the generalgreat and effential principles of liberty andfree 
 government may he recognized and efahlifoed y we declare, 
 Sect. i. That all free men, when they form a focial 
 compact, are equal; and that no manor fet of men, are en¬ 
 titled to exclufive, feparate, public emoluments or privileges, 
 from the community, but in connderation of public fervices. 
 
 Sect. 2. That all power is inherent in the people, and 
 all free governments are founded on their authority, and in- 
 fututed for their peace, fafety and happinefs : For the ad¬ 
 vancement of thefe ends, they have at ail times an unalien¬ 
 able and indefeafible right to alter, reform or abolifh their 
 government, in fuch manner as they may think proper. 
 
 Sect. 3. That all men have a natural and indefeafible 
 .right to worfhip Almighty God according to the didates 
 of their own confciences; that no man fnall be compelled to 
 attend, ered, or fupport any place of worfhip, or to main¬ 
 tain any miniftry againft his, confent ; that no human au¬ 
 thority ought, in any cafe whatever, to controul or inter¬ 
 fere with the rights of confcience; and that no preference 
 Hi all ever be given by law, to any religious focieties or 
 modes of worfhip. 
 
 Sect. 4. That the civil rights, privileges, or capacities 
 of any citizen (hail in no wife be diminilhed or enlarged 
 on account cf his religion. 
 
CONSTITUTION OF 
 
 260 
 
 Sect. 5 . That all elections fhall bsfree and equal. 
 
 Sect. 6. That the ancient mode of trial by jury fhall be 
 held facred, and the right thereof remain inviolate. 
 
 Sect. 7. That printing prefies fhall be free to every per- 
 fon who undertakes to examine the proceedings of the Le- 
 giflature or any branch of government ; and no law fhall 
 ever be made to reftrain the right thereof. The free com¬ 
 munication of thoughts and opinions is one of the invaluable 
 rights of man, and every citizen may freely fpeak, write 
 and print on any fubjeCt, being refponfible for the abufe of 
 that liberty. 
 
 Sect. 8. In profecutions for the publication of papers in- 
 veftigating the official conduCt of officers, or men in a public 
 capacity, or where the matter publifhed is proper for public 
 information, the truth thereof may be given in evidence. 
 And in all indictments for libels, the jury fhall have a right 
 to determine the law and the faCts, under the direction of 
 the court, as in other cafes. 
 
 Sect. 9. That the people fhall be fecure in their perfons. 
 houfes, papers and poffeffions from unreasonable feizures and 
 Searches; and that no warrant to fearch any place or to feize 
 any perfon or things, fhall iffue without deferibing them as 
 nearly as may be, nor without probable caufe fupported by 
 oath or affirmation. 
 
 Sect. 10. That in all criminal profecutions, the accufed 
 hath a right to be heard by himfelf and counfel; to demand 
 the nature and caufe of the accufation againft him, to meet 
 the witneffes face to face, to have compulfory procefs for ob¬ 
 taining vvitnefTes in his favour ; and in profecutions by indict¬ 
 ment or information, a fpeedy public trial, by an impartial 
 jury of the vicinage ; that he cannot he compelled to give 
 evidence againft himfelf, nor can he be deprived of his life, 
 liberty, or property, unlefs by the judgment of Ids peers, 
 or the law of the land. 
 
 Sect, i i. r l'hat no perfon fhall for any indictable offence 
 be proceeded againft criminally by information, except in 
 cafes arifing in the land or naval forces, or the militia when 
 in aCtual fervice, in time of war or public danger, by leave 
 of the court for oppreffion or inifdemeanorin office. 
 
 Sect. 12 No perfon fhall for the fame offence be twice 
 put in jeopardy of his life or limb, nor (hall any man’s property 
 
KENTUCKY. 
 
 2 61 
 
 be taken or applied to public ufe without the confent of his 
 reprefentatives, and without juft compenfation being previ- 
 oully made to him. 
 
 Sect. 13. That all courts fnall be open, and every perfon 
 for an injury done him in his lands, goods, perfon or repu¬ 
 tation, (hall have remedy by the due courfe of law ; and 
 right and juftice adminiftered without falc, denial or delay. 
 
 Sect. 14. That no power of fufpendinglaws fhali be ex- 
 erciled, unlefs by the Legillature or its authority. 
 
 Sect. 15. That excefllve bail (hall not be required, nor 
 exceffive fines impofed, nor cruel punifhments inflicted. 
 
 Sect. 16. That all prifoners (hall be bailable by fullicient 
 fecurities, unlefs for capital offences, when the proof is evi¬ 
 dent, or preemption great ; and the privilege of the writ 
 of habeas corpus, fhali not be fufpended, unlefs when in 
 cafes of rebellion or invalion the public fafety may require it. 
 
 Sect. 17. That the perfon of a debtor, where there is 
 not ftrong preemption of fraud, fhali not be continued in 
 prifon after delivering up his eftate for the benefit of his cre¬ 
 ditors, in fuch manner as fhali be prefcribed by law. 
 
 Sect. 18. That no expoft fa£to law, nor any law impair¬ 
 ing contracts, (hall be made. 
 
 Sect. 19. That no perfon (hall be attainted of treafon or 
 felony by the Legillature. 
 
 Sect. 20. That no attainder fhali work corruption of 
 blood, nor, except the during the life of the offender, for¬ 
 feiture of eftate to the commonwealth.. 
 
 Sect. 21. That the eftates of fuch perfons as fhali deftro/ 
 their own lives fhali defcend or veft as in cafe of natural death, 
 and if any perfon fhali be killed by cafuaity, there fhali be no 
 forfeiture by reafon thereof. 
 
 Sect. 22. That the citizens have a right in a peaceable 
 manner to affemble together for their common good, and to 
 apply to tnofe inverted with the powers of government for 
 redrefs of grievances, or other proper purpofes, by petition, 
 addrefs or remonftrance. 
 
 Sect. 23. That the rights of the citizens to bear arms 
 in defence of themfelves and the ftate, fhali not be queftu 
 oned. 
 
 Sect. 24. That no (landing army fhali, in time of peace, 
 be kept up without the confent of the Legillature, and the 
 
 Z 2 
 
262 
 
 CONSTITUTION OF 
 
 military fhall in all cafes, and at all times, be in drift fub- 
 ordination to the civil power. 
 
 Sect. 25. That no foldier fhall, in rime of peace, be quar¬ 
 tered in any houfe without the confent of the owner* nor in 
 time of w 7 ar, but in a manner to be preferibed by hw. 
 
 Sect. 26. That the Legiflature fhall not grant any title 
 of nobility or hereditary ditfinftion, nor create any office, 
 the appointment to which fhall be for a longer term thandur- 
 ing good behaviour. 
 
 Sect. 27. That emigration from the date fhall not be 
 prohibited. 
 
 Sect. 28. To guard againd tranfgreffions of the high 
 powders which we have delegated, ws declare, that every 
 thing in this article is excepted out of the general powers of 
 government, and fhall forever remain inviolate ; and that all 
 jaws contrary thereto, or contrary to this conditution, diall 
 be void. 
 
 SCHEDULE. 
 
 That no inconvenience may arife from the alterations and 
 amendments made in the conditution of this commonwealth, 
 and in order to carry the fame into complete operation, it is 
 hereby declared and ordained : 
 
 Sect. i. 7 'hat all laws of this commonwealth in force at 
 the time of making the faid alterations and amendments, and 
 not inconddent therewith, and all rights, aftions, profecu- 
 tions, claims and contracts, as well of individuals as of bo¬ 
 dies corporate, fnali continue as if the faid alterations and 
 amendments had not been made. 
 
 Sect. 2. That all officers now filling any office or appoint¬ 
 ment, diall continue in the exercife of the duties of their re- 
 fpeftive offices or appointments for the terms therein expreded, 
 unlefs by this conditution it is otherwife directed. 
 
 Sect. 3. The oaths of office herein direfted to be taken, 
 may be admimftered by any Juftice of the Peace, until the 
 Legiilature diall otherwife direft. 
 
 Sect. 4. The General AfTembly, to be held in November 
 next, fhall apportion the Reprefentatives and Senators, and lay 
 offi the date into fenatorial didrifts conformable to the regu- 
 lations preferibed by this conditution. In fixing thofe ap¬ 
 portionments, and in eftablifhing thofe didrifts, they fhall 
 
KENTUCKY. 
 
 7.63- 
 
 take for their guide the enumeration direfted by law to be 
 made in the prefent year, by the commiffioners of the tax, 
 and the apportionments thus made, ill all remain unaltered 
 until the end of the Hated annual fcffions of the General Af- 
 fembly in the year eighteen hundred and three. 
 
 Sect. 5. In order that no inconvenience may arife from 
 the change made by this conflitution, in the time of holding 
 the general election, it is hereby ordained that the firft elec¬ 
 tion tor Governor, Lieutenant Governor, and Members of the 
 General Affembly, (hail commence on thefirft Monday in May 
 in the year eighteen hundred. The perfons then eiefted (hall 
 continue in office during their feveral terms of fervice prc- 
 fcribed by this conftitution, and until the next general elec¬ 
 tion, -which fhall be held after their faid terms (hall have re- 
 fpebtivelv expired. The returns for the faid firit eleftion of 
 Governor and Lieutenant Governor (hall be made to the Se¬ 
 cretary, within fifteen days from the day of election, who 
 fhall, as foon as may be, examine and count the fame in the 
 prefence of at lead two Judges of the Court of Appeals, or 
 Diftridl Courts, and fhall declare who are the perfons there¬ 
 by duly elefted, and give them official notice of their elefti- 
 on : and if any perfons fhall be equal and higheft on the poll, 
 the faid judges and Secretary fhall determine the election by 
 lot. 
 
 Sect. 6. This conflitution, except fo much thereof as is 
 therein otherwife directed, (hall not be in force, until the 
 firft day of |une in the year eighteen hundred ; on which 
 day the whole thereof fhail take full and complete effect. 
 
 Done in Convention at Frankfort the feventeenth day of Au-, 
 guft, one thonfand feven hundred and ninety-nine, and of 
 the Independence of the United States of America the 
 twenty-fourth, 
 
 Alexander S. Bullit, p. c. 
 
 Member from Jefferferit 
 
 Bourbon„ 
 John Allen, 
 Charles Smith, 
 Robert Will mot, 
 James Duncan, 
 
 William Griffith, 
 Nathaniel Rogers 
 Brackm, 
 Philip Buckner. 
 
CONSTITUTION, Sec. 
 
 
 Campbell. 
 Thomas Sandford. 
 Clarke. 
 
 Robert Clark, 
 
 R. Hickman, 
 
 William Sudduth. 
 
 Chr'Jhan. 
 Young Ewing. 
 
 Fayette . 
 
 John Breckinridge, 
 John M‘Dowell, 
 
 John Bell, 
 
 H. Harrifon, 
 
 B. Thrufton, 
 
 Walter Carr. 
 
 Franklin » 
 Harry Innis, 
 
 John Logan. 
 
 Flemming. 
 George Stockton. 
 Garrard. 
 
 William M. Bledfoe^ 
 Green. 
 William Cafey. 
 
 Harrifon. 
 
 Henry Coleman, 
 William Elliot Bofwell 
 yefferjon. 
 Richard Tayior. 
 
 Jeff a mine. 
 
 John Price. 
 
 Lincoln. 
 William Log an, 
 
 N. Hull on. 
 
 Logan f 
 John Bailey, 
 
 Reuben Ewing. 
 
 Mafon. 
 
 Philemon Thomas, 
 Thomas Marlhali, junr« 
 Jolhua Baker. 
 
 Mercer. 
 
 Peter Brunner, 
 
 John Adair, 
 
 Thomas Allen, 
 
 Samuel Taylor. 
 
 Green Clay, 
 
 Thomas Clay, 
 William Irvine. 
 
 Montgomery » 
 Jilfon Payne. 
 
 Nelf on. 
 
 John Rowan, 
 Richard Prather, 
 Nicholas Minor. 
 
 Shelby. 
 
 Benjamin Logan, 
 Abraham Owen,. 
 Scott. 
 
 William Henry, 
 Robert Johnfon. 
 
 Woodford • 
 Caleb Wallace, 
 William Steel. 
 
 Wafh ingt on. 
 Felix Grundy, 
 Robert Abell. 
 
 Warren. 
 
 Alexander Davidfon, 
 
( 2^5 ) 
 
 NORTH-WESTERN TERRITORY. 
 
 An ORDINANCE for the Government of the *Territory of the 
 United States North-wejt of the River Ohio. 
 
 B E it ordanied by the United States in Congrefs ajfembled , 
 That the faid territory, for the purpofes of temporary 
 government, be one diftrift; fubjeft, however, to be divided 
 into two difniTs, as future circurrdlances may, in the opi¬ 
 nion of Congrefs, make it expsdient. 
 
 Re it ordained by the authority aforefald ) That the effates 
 both of refident and non-refident proprietors in the faid terri¬ 
 tory, dying inteftate, fhsll defcend to, and be diftributed a- 
 mong their children, and the defcendants of a deceafed child, 
 in equal parts; the defcendants of a deceafed child or grand¬ 
 child, to take the fhare of their deceafed parent in equal 
 parts among them : And where there fhall be no children or 
 defcendants, then in equal parts to the next of kin, in equal 
 degree; and among collaterals, the children of a deceafed 
 brother or filler of the intefiate, fhall have in equal parts a- 
 mong them their deceafed parents fhare; and there fhall in no 
 cafe be a diftindfion between kindred of the wdiole and half 
 blood ; faving in all cafes to the widow of the inteftate, her 
 third part of the real eftate for life, and one third part of-the 
 perfonal effate ; and this law relative to defcents and dower, 
 fhall remain in full force until altered by the legiflature of the 
 cl ifbri df . And until the Governor and judges fhall adopt laws 
 as hereinafter mentioned, eftates in the faid territory may 
 be devifed or beaueathedby will? in w'ritiny, domed and feal- 
 
 L J O 7 O 
 
 ed by him or her in whom the eflate may be (being of full age) 
 and attefled by three witneffes ; and real eftates may be con¬ 
 veyed by leafe and releafe, or bargain and file, figned", feal- 
 ed and delivered by the perfon being of full age, in whom 
 the eftate may be, and attefled. by two witneffes, provided 
 fuch wills be duly proved, and fuch conveyances be acknow¬ 
 ledged, or the execution thereof duly proved, and be recorded 
 within one year after proper magiftrates, courts, and regifters 
 fhall be appointed for that purpofe; and perfonal property may 
 be transferred by delivery ; faving, however to the French 
 and Canadian inhabitants, and other fettlers, of the Kafkafkies, 
 
266 
 
 ORDINANCE FOR THE 
 
 Saint Vincent’s, and the neighbouring villages, who have 
 heretofore profeffed themfelves citizens of Virginia, their 
 laws and cuftoms now in force among them, relative to the 
 defcent and conveyance of property. 
 
 Be it ordt* ined by the authority aforefaid , That there ill all 
 be appointed, from time to time, by Congrefs, a Governor, 
 whofe commidion fhall continue in force for the term of three 
 years, unlefs fooner revoked by Congrefs: he fnall refide in 
 the didrid, and have a freehold edate therein, in one thou- 
 fand acres of land, while in the exercife of his office. 
 
 There {hall be appointed from time to time, by Congrefs a 
 Secretary, whofe comraiffion mall continue in force for four 
 years, unlefs fooner revoked ; he fhall relide in the didrid, 
 and have a freehold eftate therein, in five hundred acres of 
 land, while in the exercife of his office: it fhall be his duty to 
 keep and preferve the acts and laws palled by the Legislature, 
 and the public records of the didrid, and the proceedings of 
 the Governor in his Executive Department; and tranfmit 
 authentic copies of fuch ads and proceedings, every fix 
 months, to the Secretary of Congrefs: There fhall alfo be 
 appointed a court to confift of three Judges, any two of 
 whom tc form a court, who fhall have a common law jurif- 
 didion, and refide in the didrid, and have each therein a 
 freehold edate in five hundred acres of land, while in the 
 exercife of their offices; and their commiffiona fnall continue 
 in force during good behaviour. 
 
 The Governor and Judges, or a majority of them, fhall 
 adopt and publifh in the didrid, fuch laws of the original 
 dates, criminal and civil,, as may be neceffary, and bed Ant¬ 
 ed to the circumdances of the didrid, and report them to 
 Congrefs from time to time; which laws fhall be in force in 
 the didrid until the organization of the General AfTerably 
 therein, unlefs difapproved of by Congrefs; but afterwards 
 the Legidature fhall have authority to alter them as they fhall 
 think fit. 
 
 The Governor for the time being, fnall be Commander in 
 Chief of the militia, appoint and commiffion all officers in 
 the fame, below the rank of general officers; all general of¬ 
 ficers Shall be appointed and comrniffioned by Congrefs. 
 
 Previous to the organization of the General Afiembly. the 
 Governor fhall appoint fuch Magidrates and other civil offi- 
 
GOVERNMENT OF N. W. TERRITORY. 267 
 
 cers, in each county or townlhip, as he (hall find neceflary 
 for the prefervation of the peace and good order in the fame: 
 After the General Affembiy fhall be organized, the powers 
 and duties of Magiftrates ar.d other civil officers {hall be re¬ 
 gulated and defined by the faid Affembly ; bur all Magifirates 
 and other civil officers not herein otherwife directed, fhall, 
 during the continuance of this temporary government, be ap¬ 
 pointed by the Governor, 
 
 For the prevention of crimes and injuries, the laws to be 
 adopted or made fhall have force in all parts of the diftrict, 
 and for the execution of procefs, criminal and civil, the Go¬ 
 vernor fhali make proper divifions thereof: and he fhall pro¬ 
 ceed, from time to time, as circumftances may require, to lay 
 out the parts of the diltridt in which the Indian titles fhall 
 have been extinguifhed, into counties and townfhips, fubjedt 
 however, to fuch alterations as may thereafter be made by 
 the Legifiature. 
 
 So foon as there fhall be five thoufand free male inhabi¬ 
 tants, of full age, in the diltridt, upon giving proof thereof 
 to the Governor, they fhall receive authority, with time and 
 place, to eledt Representatives from their counties or town¬ 
 fhips, to reprefent them in the General Affembly; provided 
 that for every five hundred free male inhabitants, there fhall 
 be one Reprefentative, and fo on progreffively with the num¬ 
 ber of free male inhabitants fhall the right of reprefentation 
 increafe, until the number of Reprefentatives fhali amount to 
 twenty-five ; after which the number and proportion of Re¬ 
 prefentatives fhall be regulated by the Legifiature: Provided 
 that no perfon be eligible or qualified to adt as a Reprefenta¬ 
 tive, unlefs he fhall have been a citizen of one of the United 
 States three years, and be a refident in the diflridt, or urlefs 
 he fhall have refided in the diltridt three years; and in either 
 cafe, fhali likewifehold in his own right, in fee fimple, two 
 hundred acres of land within the fame: Provided alfo, that 
 a freehold in fifty acres of land in the diltridt, having been a 
 citizen of one of the Hates, and being refident in the diltridt, 
 o'* the like freehold, and two years refidence in the diltridt 
 fhall be neceffary to qualify a man as an eledtcr of a Repre¬ 
 fentative. 
 
 The Reprefentatives thus eledted, (hall ferve for the term of 
 two years; and in cak of the death of a Reprefentative, or 
 
I 
 
 *68 ORDINANCE FOR THE 
 
 removal from office, the Governor fhali iflfue a writ to the 
 county or townfhip, for which he was a member, to elect ano¬ 
 ther in his dead, to ferve for the refidue of the term. 
 
 The General Amenably, or Legiflature, fhali conliil of the 
 Governor, Legiflative Council, and a Houfe of Reprefenta- 
 tives. The Legiflative Council fhali confifl of five Mem¬ 
 bers, to continue in office five years, unlefs fooner removed 
 by Congrefs; any three of whom to be a quorum : And the 
 Members of the Council fhali be nominated and appointed in 
 the following manner, to wit: As foon as Reprefentatives 
 fiiall be eleded, the Governor fhali appoint a time and place 
 for tfiern to meet together, and when met, they fhali nomi¬ 
 nate ten perfons, refidents in the diftridt, and each poffefied of a 
 freehold in five hundred acres of land, and return their names 
 to Congrefs; five of whom Congrefs fiiall appoint and com- 
 miffion to ferve as aforefaid ; and whenever a vacancy fhali 
 happen in the Council, by death or removal from office, the 
 Houfe of Reprefentatjves fnall nominate two perfons, quali¬ 
 fied as aforefaid for each vacancy, and return their names to 
 Congrefs ; one of whom, Congrefs fiiall appoint and commiffioa 
 for the refidue of the term. And every five years, four months 
 at leafl before the expiration of the time of fervice of the 
 Members of Council, the Laid Houfe fhail nominate ten perfons, 
 qualified as aforefaid, and return their names to Congrefs; 
 five of whom Congrefs fiiall appoint and commiffion to ferve 
 as Members of the Council five years, unlefs fooner removed. 
 And the Governor, Legiflative Council, and Houfe of Re¬ 
 prefentatives, fiiall have authority to make laws, in all cafes, 
 for the good government of the diftrid, not repugnant to the 
 principles and articles in this ordinance eftabHfhed and de¬ 
 clared. And all bills having pafied by a majority in the 
 Houfe, and by a majority in the Council, (hall be referred to 
 the Governor for his aflent ; but no bill or legiflative a£l 
 whatever, (hall be of any force without his afient. The Go¬ 
 vernor fhali have power to convene, prorogue and diflblve the 
 General AiTembly, when in his opinion it fiiall be expedient. 
 
 The Governor, Judges, Legiflative Council, Secretary 
 and fuch other officers as Congrefs fhali appoint in the dif- 
 trift, fhali take an oath or affirmation cf fidelity, and of 
 office ; the Governor before the Prefident of Congrefs, and all 
 other officers by the Governor, As foon as a Legiflature fhali 
 
GOVERNMENT OF N. W. TERRITORY. 269 
 
 be formed in the diftrift, the Council and Houfe affemhled, 
 in one room, fliall have authority, by joint ballot, to elect 
 a delegate to Congreis, who fhall have a feat in Congrefts, 
 with a right of debating, but not of voting during this tem¬ 
 porary government. 
 
 And for extending the fundamental principles of civil and 
 religious liberty, which form the bails whereon thefe repub¬ 
 lics, their laws and conftitutions are ere&ed; to fix and efta- 
 blith thofe principles as the bafis of all laws, conftitutions 
 and governments, which forever hereafter fhall be formed in 
 the faid territory: to provide alfo for the eftablifnmect of 
 ftates, and permanent government therein, and for their ad- 
 milTion to a fhare in the federal councils, on an equal footing 
 with the original ftates, at as early periods, as may be con¬ 
 fident with the general intereft : 
 
 It is hereby ordained and declared, by the authority aforefaid. 
 That the following articles fhall be confidered as articles of 
 compact between the original ftates, and the people and ftates 
 in the faid territory, and forever remain unalterable, unlefts 
 by common confent, to wit: 
 
 ARTICLE I. 
 
 No perfon demeaning himfelf in a peaceable and orderly 
 manner, fnall ever be molefted on account of his mode c£ 
 worftiip or religious fentiments, in the faid territory. 
 
 ARTICLE II. 
 
 The inhabitants of the faid territory, fhall always be en¬ 
 titled to the benefits of the writ of habeas corpus, and of the 
 trial by jury; of a proportionate reprefentation of the peo¬ 
 ple in the Legiftature, and of judicial proceedings according 
 to the courfe of the common law. All perfons fliall be bail¬ 
 able, unlefs for capital offences, where the proof fhall be 
 i evident, or the prefumption great. All fines fliall be mode¬ 
 rate ; and no cruel or unufual punifhments fhall be infliCted. 
 No man fhall be deprived of his liberty or property, but by 
 the judgment of his peers, or the law of the land; and fhould 
 the public exigencies make it necefiary, for the common pre- 
 fervation, to take any perfon’s property, or to demand his 
 particular fervices, full compenfation fhall be made for the 
 And in the juft prefervation of rights and property^ 
 A a 
 
 fame. 
 
270 
 
 ORDINANCE FOR THE 
 
 it is underftood and declared, that no law ought ever to be 
 made, or have force in the faid territory, that fhall in any 
 manner whatever interfere with, or affeft private contracts 
 or engagements, bona fide, and without fraud previoufly 
 formed. 
 
 ARTICLE III. 
 
 Religion, morality, and knowledge, being neceflary to 
 good government and the happinefs of mankind, fchools, and 
 the means of education, fhall forever be encouraged. The 
 utmoft good faith fhall always be obferved towards the Indi¬ 
 ans ; their lands and property fhall never be taken from them 
 without their confent; and in their property, rights and liberty, 
 they never fhall be invaded ordifturbed, unlefs in juft and law¬ 
 ful wars authorized by Congrefs; but laws founded in juftice 
 and humanity, fhall from time to time be made, for prevent¬ 
 ing wrongs being done to them, and for preferving peace and 
 friendship with them. 
 
 ARTICLE IV. 
 
 The faid territory, and the ftates which may be form¬ 
 ed therein, fhall forever remain a part of this confederacy of 
 the United States of Ameiica, fubjeft to the articles of con¬ 
 federation, and to fuch alterations therein, as fhall be confti- 
 tutionally made; and to all the afts and ordinances of the 
 United States in Congrefs affembled, conformable thereto. 
 The inhabitants and fettlers in the faid territory, fhall be 
 iubjeft to pay a part of the federal debts, contrafted or to be 
 contracted, and a proportional part of the expenfes of govern¬ 
 ment, to be apportioned on them by Congrefs, according to 
 the fame common rule and meafure, by which apportionments 
 thereof fhall be made on the other ftates; and the taxes for 
 paying their proportion, fhall be laid and levied by the au¬ 
 thority and direction of the legiilatures of the diftrift or dif- 
 irifts or new ftates, as in the original ftates, within the 
 time agreed upon by the United States in Congrefs affembled. 
 The lejdflatures of thofe diftrifts br new ftates, fhall never in- 
 terfere with the primary difpofal of the foil by the United 
 States in Congrefs affembled, nor with any regulations Con¬ 
 grefs may find neceffary for fecuring the title in fuch foil to the 
 bona fide purchafers. No tax fhall be impofcd on lands the pro¬ 
 perty of the United States; and in no cafe fhall non-refident 
 
GOVERNMENT OF N. W. TERRITORY. 
 
 272 
 
 proprietors be taxed higher than refidents. The navigable 
 waters leading into the Miffifiippi and St. Lawrence, and the 
 carrying places between the fame, fhall be common highways, 
 and forever free, as well to the inhabitants of the faid 
 territory, as to the citizens of the United States, and thofe 
 of any other ftates that may, be admitted into the confedera¬ 
 cy, without any tax, import, or duty therefor. 
 
 ARTICLE V. 
 
 There fhall be formed in the faid territory, not lefs than 
 three, nor more than five ftates; and the boundaries of the 
 Hates, as foon as Virginia fhall alter her aft of ceflion, and 
 confent to the fame, fhall become fixed and eftablirtied as fol¬ 
 lows, to wit: The weftern ftate in the faid territory, fhall 
 be bounded by the Miffifiippi, the Ohio, and Wabafh ri¬ 
 vers; a direft line drawn from the Wabafh and Port Vincents 
 due north to the territorial line between the United States 
 and Canada ; and by the faid territorial line to the lake of 
 the Woods and Miffifiippi. The middle ftate fnall be bound¬ 
 ed by the faid direft line, the Wabafh from Port Vincents to 
 the Ohio; by the Ohio, by a direft line drawn due north 
 from the mouth of the Great Miami, to the faid terrorial 
 line, and by the faid territorial line. The eaftern ftate fhall 
 be bounded by the laft mentioned direft line, the Ohio, Penn- 
 fylvania, and the faid territorial line: Provided however, 
 and it is further underftood and declared, that the boundaries 
 of thefe three ftates, fhall befubjeft fo far to be altered, that 
 if Congrefs fhall hereafter find it expedient, they fhall have 
 authority to form one or two ftates in that part of the faid ter¬ 
 ritory which lies north of an eafl and weft line drawn through 
 the foutherly bender extreme of lake Michigan. And when¬ 
 ever any of the faid ftates, fhall have fixty thoufand free in¬ 
 habitants therein, fuch ftate fhall be admitted, by its dele¬ 
 gates, into the Congrefs of the United States, on an equal 
 footing with the original ftates, in all refpefts whatever; and 
 fhall be at liberty to form a permanent conftitution and ftate 
 government: Provided the conftitution andgovernment fo to 
 be formed, fnall be republican, and in conformity to the prin¬ 
 ciples contained in thefe articles; and fo far as it can be confid¬ 
 ent with the general intereft of the confederacy, fuch admif- 
 fion fhall be allowed at an earlier period, and when there may 
 be a lefs number of free inhabitants in the ftate than fixty 
 thoufand. 
 
AN ACT, &c. 
 
 - 
 
 ARTICLE VI. 
 
 There fhall be neither flavery nor involuntary fervitude in the faid ter¬ 
 ritory, otherwife than in punifhment of crimes, whereof the party fhall 
 have been duly convicted: Provided always, that any perfon efcaping 
 into the fame, from whom labour or fervice is lawfully claimed in any 
 one of the original Hates, fuch fugitive may be lawfully reclaimed, and 
 conveyed to the perfon claiming his or her labour or fervice as aforefaid. 
 Done by the United States , in Congrefs t afern bled, the thirteenth day of fitly, 
 in the year of our Lord one thoufand feven hundred and e/ghty-feven, and 
 of their fovercignty and independence the twelfth , 
 
 WILLIAM GRAYSON, Chairman. 
 Charles Thomson, Secretary. 
 
 —^*<0— <• . $$ - 
 
 AN" ACT! to provide for the Government of the 'Territory north-wefl of 
 
 the River Ohio. 
 
 W HEREAS in order that the ordinance of the United States in 
 Congrefs affembled, for the government of the territory north- 
 weft of the river Ohio, may continue to have full effeft, it is requifite that 
 certain provifions fhouid be made, fo as to adapt the fame to the prefent 
 conftitution of the United States. 
 
 Section I. Be it enacted by the Senate and Houfe of Representatives of 
 the United States of America , in Congrefs affembled. That in all cafes in 
 which by the faid ordinance, any information is to be given, or commu¬ 
 nication made by the Governor of the faid territory to the United 
 States in Congrefs afTembled, or to any of their officers, it fhall be the 
 duty of the faid Governor to give fuch information and t® make fuch 
 communication to the Prefident of the United States; and the Prefident 
 fhall nominate, and by and with the advice and confent of the Senate, 
 fhall appoint all officers, which by the faid ordinance were to have been 
 appointed by the United States in Congrefs affembled, and all officers 
 fo appointed, fhall he commiffioned by him: and in all cafes where the 
 United States in Congrefs affembled, might by the faid ordinance, re¬ 
 voke any commiffion or remove from any office, the Prefident is hereby 
 declared to have the fame powers of revocation and removal. 
 
 Sect. a. And be it further enabled. That in cafe of the death, removal, 
 refignation, or neceffary abfence of the Governor of the faid territory, 
 the Secretary thereof fhall be, and he is hereby authorized and required 
 to execute all the powers, and perform all the duties of the Governor, 
 during the vacancy occafioned by the removal, refignation or neceffary 
 abfence of the faid Governor. 
 
 FREDERICK AUGUSTUS MUHLENBERG, 
 
 Speaker of the Houfe of Reprefentativte. 
 JOHN ADAMS, Vice-Prefident of the United States , 
 and Prefident of the Senate. 
 
 Approved, Attguft the 7th, 1789: 
 
 GEORGE WASHINGTON, Prefident of the United Stater. 
 
 FINIS. 
 
fr * 
 
THE LIBRARY OF THE 
 UNIVERSITY OF 
 NORTH CAROLINA 
 AT CHAPEL HILL 
 
 PRESENTED BY 
 
 Richard J. Richardson 
 
 RARE BOOK COLLECTION 
 
 KF4530 
 . C66 
 
 1800